GENERAL TERMS OF SERVICE
Last Update 09.11.2023
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Welcome to the Wallex General Terms of Service. These terms, combined with our Fees Page, Issuer Terms (where applicable), and any other documents referred to in these terms (collectively, the “Terms”) set out the legal agreement between:
You, as the Wallex user; and
The Wallex company identified in paragraph 3 below (or “we”, “our”, or “us”).
Please read through this document carefully to understand how your account and our services work. If you do not agree to these Terms, do not sign up for or use our services and do not utilize this website. Users in certain regions may have different Terms applicable to them.
2. Our Service
Wallex Custody operates a platform accessible through the Wallex Custody Website and mobile applications – Wallex Custody, Wallex Custody PRO, Smart Custody, Self Managed which are available on your device (the “App”), and through our website https://www.wallexcustody.com that allows you to deposit, buy, sell, transfer and manage supported currencies and digital payment tokens (“DPTs”).
The information provided through the Wallex Custody Service is not intended to be and does not constitute financial advice or any other advice. It is general in nature and not specific to you. It is not an offer to buy or sell or a solicitation of an offer to buy or sell any security, product, service or investment, nor is it a recommendation, endorsement or sponsorship of any security, company or fund.
3. Who We Are
Different Wallex companies may provide services depending on the type of product or account.
Wallex Custody Ltd., reg. number: BC1314228, with reg. address: 5307 VICTORIA DRIVE #562, Vancouver, BC V5P 3V6, Canada, Canada registered as a Money Service Business with FINTRAC provides payment services.
Wallex Pay Ltd. reg. number: 1347445-3, with reg. address: 5307 Victoria Drive #839, Vancouver BC V5P 3V6, Canada, registered as a Money Service Business with FINTRAC, provides prepaid payment cards.
Wallex Custody UAB reg. number: 305917529, with reg. address: Laisvės pr.60, Vilnius, Lithuania, registered as Depository virtual currency wallet operator; Virtual currency exchange operator provides digital asset custody, deposit, withdrawal and exchange services.
Wllx Digital Solutions EOOD, reg. number: 206359769, with reg. address: pl. Positano 1, Sofia, Bulgaria, registered with for provision of services for exchange between virtual currencies and fiat currencies, and of wallet providers that offer custodial services, provides fiat top up service of your account by card.
Wallex Asset Management s.r.o. reg. number: 11774908, with reg. address: Rybná 716/24, Staré Město, 110 00 Praha, Czech Republic provides PRIME, Custody, Vault Services, Crypto Saving (Crypto Only ) and Crypto Loans.
4. Your Wallex Profile
In order to use the Wallex Service, you will need to register using your email, set up an account with a password and verify your identity (your “Wallex Profile”).
We recommend that you use a strong password, with a combination of letters, numbers and special characters, with your Wallex Profile. You must enable 2-factor authentication to access your Wallex Profile.
Please refer to the security section below (in paragraph 9) for more information about the steps you must take to protect your Wallex Profile.
5. Accessing your Wallex Account
Where applicable, our Wallex Profile allows you to access and manage an
online Account (your “Wallex Account”) and to view the transactions you
make through your Wallex Account.
5.B Cryptoasset and Reward Programmes
Any purchases and sales of cryptoassets that you make through the Wallex Service will be subject to additional terms, which you will find below.
We may, from time to time, offer rewards or other promotional programs, such as the Refer-a-Friend programme. These programs are subject to separate terms which will be communicated to you.
It is extremely important for you to keep your Wallex Profile secure at all times. You are responsible for all transactions initiated through your Wallex Profile. Unauthorised use of your Wallex Profile may have serious consequences for you, including financial consequences. Ultimately, it is your responsibility to keep your Wallex Profile secure by engaging in the following practices:
-Using a strong password for your Wallex Profile;
-Keeping your phone safe and ensuring it is password-protected at all times;
-Enabling 2-factor authentication to access your Wallex Profile;
-Keeping your Wallex Card pin and other unique numbers safe and secure;
-Closing the App when you are not using it;
-Logging out of the Wallex website when you are not using it;
-Changing your mobile, card pin and Wallex Account passwords regularly and not sharing these with anyone; and
-Keeping your email account secure at all time.
If you believe your mobile, Wallex Card, or the login details for your Wallex Profile have been lost, stolen, or accessed without authorisation, you must contact us immediately via the Chat on the platform. We will not be responsible for losses incurred due to unauthorised access of your email.
7. Your Wallex Card
You can order a Wallex prepaid payment card (the“Wallex Card”) to use in combination with your Wallex Multicurrency Account. If you have ordered a Wallex Card, you will see a separate card account on your Wallex Profile which will show you the balance and transactions made with your Wallex Card.
You can top up your Wallex Card from any of your fiat or crypto accounts using the applicable functionality on the web dashboard or App . You can then spend the funds on your Wallex Card worldwide. Any fees which may apply to your card, such as maintenance fee or card issuing fee will be deducted from the funds on your Wallex Multicurrency Account.
Your Wallex Card service is provided by Wallex PAY s.r.o. Your use of the Wallex Card is subject to additional terms and conditions that set out the agreement between you and WallexPAY s.r.o. (the “Issuer Terms”). If you decide to order and use a Wallex Card, you must also read and accept the Issuer Terms.
8. Information about You
You must meet the following criteria in order to create a Wallex Profile:
- You must be 18 years of age or older and be resident of a country where Wallex is available.
- You must be an individual and not acting on behalf of a business or third party. If you wish to open a business account with us, please click on the button Business when you sign up.
- You must only open one account with us and not have had a previous account with us that was blocked or closed;
- You must verify your identity with us and pass any other checks we are required to conduct (such as Anti-Money Laundering checks and identity verification procedures).
10. AML/KYC Verification
We take our anti-money laundering (AML) and know your customer (KYC) policies very seriously, and we monitor our platform for suspicious activity. You must comply with all requests to verify your identity, address, and source of funds.
We will require users to provide valid government-issued proof of identity documents and will ask for proof of address documents issued in the last three months.
You will be required to provide us with an up to date Proof of Address document issued in the last three months in order to maintain your account in good standing.
Where we cannot verify your identity or the validity of your documents, you will be refused a Wallex Profile. Where you appear on any governmental or inter-governmental sanctions list, you will be refused a Wallex Profile.
11. Restrictions on using Wallex
You must not use the Wallex Service for any of the following:
- For any illegal purpose, including fraud and money laundering, and for any purpose prohibited by regulation, statute, ordinance, or other governmental or regulatory limitation;
- For any debt-collection purpose;
- To circumvent merchant restrictions or obtain goods or services without paying;
- For commercial speculative trading purposes;
- To manipulate the price of any asset or currency;
- In any manner likely to result in complaints, reversals, chargebacks, fees, fines, penalties, or other liability to Wallex, other users, third parties, or yourself;
- To provide yourself with a cash advance from your credit card, or help others to do so;
- In any manner which results in a negative balance in any currency;
- To burden or overload our infrastructure, facilitate any viruses, malware, malicious code or other form of IT attack or attempt to gain access to our systems and information;
- To interfere with the Wallex Service in any manner;
- To copy or reproduce our content or services in any manner;
- To interfere with our third party providers in any manner;
- To test credit card behaviours;
- To circumvent our policies and procedures;
- For use with any automatic trading, API, crawler scripts, or other methods inconsistent with ordinary use of the Wallex Service;
- For the purpose of crowdfunding, or receiving the proceeds of a crowdfunding campaign;
- To harass our employees, agents, or other users; and
- To trade FX for speculative purposes or FX arbitrage.
- We may, at any time and in our sole discretion, refuse any transfer, purchase, sale, or transfer of an Asset submitted via the Services, impose limits or impose any other conditions or restrictions upon your use of the Services.
- Limits: Your account will be subject to general limits on transactional activity, unless limits are upgraded. Should you wish to know your account limits, you can do so by contacting our team via the chat on the platform.
12. Wallex Remedies
- If you breach these Terms in any manner or we suspect you may have breached these Terms, we may, in our sole discretion, take the following actions:
- Close, suspend, or limit your access to your Wallex Profile, your Wallex Account or your Wallex Card;
- Contact and/or warn third parties in connection with your actions, including other users, your bank or card issuer, law enforcement or regulatory bodies;
- Refuse to complete transactions;
- Fully or partially reverse a transaction or exchange; and
- Pursue legal action against you.
13. Account Closure
You may close your Wallex Profile and Wallex Account at any time with us for any reason by contacting us. However, you may not close your Wallex Profile or Wallex Account while Wallex is conducting an investigation into your use of the Wallex Service, or while you have a remaining balance on your Wallex Account. Even if your Wallex Profile is closed, you will remain liable for any actions taken through your Wallex Profile prior to closure.
Nothing in this paragraph affects any legal rights you may have under the law of the country in which you are resident.
14. Account Suspension and Termination by Wallex
We may end or suspend your use of the Wallex Service without notice to you, at any time, and with immediate effect in the following circumstances:
- Where you have provided us with false or misleading information;
- Where we determine, in our sole discretion, that your use of your Wallex Profile, Wallex Account is, or might potentially be, detrimental or harmful to Wallex in any manner;
- Where you have breached these Terms or engaged in any restricted activity;
- Where we suspect you have breached these Terms or otherwise acted fraudulently, including during the AML/KYC verification process;
- Where we are required to do so to comply with a court order, law, regulation, regulatory decree or ombudsman’s orders;
- Where you have been declared bankrupt; and
- Where you have been declared deceased.
- In our sole discretion.
We exclude all liability for any losses incurred where we have suspended an account in accordance with this paragraph. Wallex is not required and may be prohibited by law to provide any further information regarding your account closure or suspension.
You agree to waive any rights to claims arising from your account suspension in accordance with this clause.
15. Fiat deposits
You may deposit to your account fiat currencies by instructing a bank transfer in any of the supported fiat currencies and through the supported fiat wire transfer methods only, or via card top up – service which is provided through a third-party licensed payment provider.
1. Our Fiat deposit service is provided by our licensed third-party payment partners ("Payment Service Partners" or “PSP”). By sending us a Fiat deposit, you agree and authorise our Payment Service Partners to handle and process your Fiat deposits and hold your topped-up funds in segregated customer funds account(s) maintained by them as per their applicable laws and regulations. You hereby agree and authorise us to redeem any such funds from our Payment Service Partners on your behalf, and you also agree and authorise our Payment Service Partners to transfer such funds to us, in the event that any relevant agreements that we have with such Payment Service Partners are terminated for any reason.
2. Fiat Deposits are not reversible or refundable, unless we determine, at our discretion, to do so. In addition, we may, at our absolute discretion, reverse, cancel, void or refuse to process any Fiat deposits.
3. Fiat Deposits are subject to our Fees and limits as referenced in the “Settings” section of your profile, which may be updated from time to time. Any fees chargeable by your bank and/or their intermediary banks relating to the Fiat Deposit, including but not limited to any administration or currency conversion fees, intermediary bank processing fees, your bank and recipient bank's processing fees shall be borne by you entirely.
4. Subject to Applicable Law and without prejudicing our rights to claim further damages from you, you shall immediately indemnify us for any loss and damage and expenses arising from any mistaken, erroneous or fraudulent Fiat Deposits (which may include but are not limited to, depositing to a wrong recipient bank account, transactions made from or to a non-Permitted Bank Account or from or to a non-supported payment scheme, or transfers exceeding our prescribed limits) given by you or sent from your account (collectively "Erroneous Deposits"). The erroneous or fraudulent nature of your deposit shall be determined by us based on reasonable evidence. You further agree that if we are required to return any fund to its origin due to any Erroneous Deposits; (i) we are entitled to charge an administration fee; (ii) any fees incurred from such return shall be borne by you entirely; (iii) you shall reimburse us such fees immediately upon our request; and (iv) funds will only be remitted to the bank account from which such funds were originally received.
5. When you choose to top up your fiat account via card, you agree that fiat deposit to your account through card is strictly related to the load of the account. Any conversion of the deposited through card fiat funds or their subsequent purchase will be unrelated to the original card transaction.
16. Digital Asset Transfers
Within your profile, you are able to open digital asset wallets and be assigned a personal cryptocurrency address for deposit of digital assets. You may also transfer, exchange, swap and utilize your digital asset holdings for any of the available services within your profile.
We will process all Digital Asset Transfers in accordance with the instructions provided by you, and we do not check or guarantee the accuracy of the withdrawal address you provide, or the counterparty.
You acknowledge to indemnify us from any liability arising thereof an erroneous transfer of digital assets, such as but not limited to, transfer of an asset from a wrong blockchain, transfer to an incorrect address, transfer of unsupported asset.
You hereby agree that you may receive and transfer digital assets to counterparties which are not subject to any sanctions, and are not involved in any prohibited business sphere as per those Terms & Conditions, and are not for any illegal purpose. You agree to bear the full responsibility in the case of transfers made in breach of this clause.
17. Risks of Digital Assets
17.1. Kindly be aware that there are inherent risks associated with transactions involving Digital Assets. When a transaction is submitted to a blockchain network, it remains unconfirmed for a certain duration until the blockchain network provides sufficient confirmation. During this pending state, the transaction is not considered complete. If any transfers of Digital Assets to or from external wallet addresses are in a pending state, they will be identified as such, and the respective Digital Asset will not be included in your Digital Asset Wallet or accessible for conducting transactions.
17.2. During the transfer of Digital Assets, there is an inherent risk that these assets may be lost if the community supporting the transfer or the issuers/managers of the Digital Assets collapse, fail, or go bankrupt. In such situations, if your Digital Assets are in a pending state of transfer, they could potentially lose substantial value or be completely lost.
17.3. The risk of loss in holding Digital Assets can be substantial. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial situation. In considering whether to hold Digital Assets, you should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use any of our Services which allow you and/or third parties to access and hold Digital Asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of Digital Asset private keys outside our control.
We bear no responsibility for the Digital Assets market and do not provide any guarantees or assurances regarding the actual or perceived value of Digital Assets in relation to any quoted currency. While we may offer historical and/or real-time data on Digital Asset prices, including graphs illustrating price fluctuations within the Application or your profile, such information is solely intended for reference purposes. We do not assert the quality, suitability, truthfulness, usefulness, accuracy, or comprehensiveness of such data or graphs, and you should not rely on them for any purpose whatsoever. You acknowledge that the value of Digital Assets can be highly volatile, and you agree that we cannot be held accountable or liable for any losses you may incur as a result of holding or trading Digital Assets, even in the event of delays, suspensions, or interruptions in our Service for any reason.
18. Notice and Communications
We will get in touch with you through the Wallex Service or the email address you provide on your Wallex Profile.
You are required to keep this updated with an email address you check regularly.
We may contact you as well on your mobile phone number provided in your profile.
Where you contact us through the chat on the platform with regards to your account, you are required to do so after logging in to your profile, for security purposes, or otherwise our team is entitled to refuse to provide you with assistance, unless the case relates to profile access issue.
You should also check your transaction history regularly and let us know of any errors or unauthorised transactions.
Any communications will be made in English.
19. Customer Support
If you need any help or want to make a comment or complaint, please contact our customer service via the intercom chat. We aim to resolve all enquiries typically within 1-2 business days, and for a period of maximum two weeks.
Copies of these Terms are available upon request and on our Website.
20. Unresolved Complaints
Please give us the opportunity to resolve your complaint. We will respond to any complaints within 15 business days of receiving your complaint, except in exceptional circumstances beyond our control. In any event, we will respond to your complaint within 35 business days of receiving your complaint.
If we have not been able to resolve your complaint to your satisfaction, you may take your complaint to the relevant institution.
21. Intellectual Property
All intellectual property rights in the Wallex Service, and all content and logos are owned by or licensed to Wallex. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the Wallex Service, other than the right to use the Wallex Service, and to download our mobile application on your device in order to access the Wallex Service, in accordance with these Terms.
Your right to use the Wallex Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Wallex Service does not stop us from giving other people the right to use the Wallex Service.
22. Amendments to These Terms
We may make changes to our Terms and policies from time to time. If you do not agree to the changes, you must stop using our services before the planned commencement date of the new changes. Continuing to use the Wallex Service means that you accept our new changes.
Certain changes may occur immediately and without notice. This may happen when we are required to make changes by law, or where we make minor changes to these Terms that do not impact your rights and remedies or our obligations. When such changes occur, we will notify you as soon as reasonably practicable.
23. Our responsibility to you
The Wallex Service allows you to purchase services and products, and provides you with content and information that are owned or developed by third parties, or that operate on or are supported by third party networks. As we do not have any control over these services or products that you purchase, or content you view using the Wallex Service, we are not responsible for them in any way.
While we do our best to ensure that the features and functionalities of the Wallex Service are of a reasonably satisfactory standard and are available to you all of the time, certain features may rely on networks and connections that are beyond our control. Due to the nature of the Internet and technology, the Wallex Service is therefore provided on an “as is” and “as available” basis. As such, we cannot guarantee that the Wallex Service won’t be interrupted, or that you will not experience delays, failures or errors when using the Wallex Service.
We also give no guarantee as to the fitness for purpose of the Wallex Service for your specific needs. To the extent we are able to do so, we exclude any commitments that may be implied by law. For any claim, our responsibility to you will be limited to any amounts you have paid us in the 12 months preceding your claim. If you have not paid us anything, we shall not be responsible to you for any claim arising out of the provision of the Wallex Service.
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Terms.
24. Our Right to Set-Off
Sometimes we might be entitled to be compensated by you, for instance due to a technical error in your favour, when you have a negative balance on your account, or when you use the Wallex Service in such a way that violates the Terms. In such cases, we shall be entitled to recover any sum due to us by retaining some or all of your available funds or balances that you have stored in your Wallex Account or DPTs you have bought through the Wallex Service, regardless of what currency or DPTs those balances are held in.
Where necessary, we will convert currencies and DPTs at the applicable exchange rate.
25. Your responsibilities
You are responsible for:
All charges and other amounts incurred through your use of the Wallex Service at any time, including any amounts outstanding after you stop using the Wallex Service or if we suspend or cancel your Wallex Profile; and
Complying with any and all laws, rules and regulations of your jurisdiction that may apply to you in connection with your use of the Wallex Service, including but not limited to activities of import and export, taxes or foreign currency transactions. We will not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied to you.
You are also responsible for keeping a copy of any information you upload to the Wallex Service or that is accessible through your Wallex Profile. We will not offer you compensation for any losses you might suffer as a result of any information that you access on the Wallex Service being deleted, or your access to such information being terminated or suspended if you or we terminate or suspend your use of the Wallex Service.
26. Apple App Store Provisions
This paragraph applies where the App has been acquired from the Apple App Store. You acknowledge and agree that the Terms are solely between you and Wallex, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms and any law applicable to Wallex as provider of the App.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms and any law applicable to Wallex as provider of the software.
You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Wallex, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You represent and warrant that (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Wallex acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Service as relates to your license of the App, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service as relates to your license of the App against you as a third-party beneficiary thereof.
27. Downloading Our App from other App Stores
Where you download our App from any other app store or distribution platform other than the Apple App Store, including the Google Play Store (the “Distribution Platform”) you agree that: (a) the Terms are between you and Wallex, and not with the provider of the Distribution Platform (“Store Provider”); (b) your use of the App must comply with the Store Provider’s then-current Distribution Platform Terms of Service; (c) the Store Provider is only a provider of the Distribution Platform where you obtained the App; (d) Wallex, and not the Store Provider, is solely responsible for the App;< (e) the Store Provider has no obligation or liability to you with respect to the App or the Terms; and (f) you acknowledge and agree that the Store Provider is a third-party beneficiary to the Terms as it relates to the App.
28. Card Issuer T&C
Your Card is issued by a licensed third party provider. Your use of the Card is subject to the following terms and conditions that set out the agreement between you and the card Issuer (the “Issuer Terms”). If you decide to order and use a Card, you must also read and accept the Issuer Terms.
These terms and conditions apply to your Profile, your use of the Service, and your Visa prepaid card (the “Card”). Please read them carefully.
By ordering a Card you agree to be bound by these Terms and you should therefore read them carefully.
The Card is a physical or virtual Visa prepaid card which can be used wherever Visa is accepted. The Card can be used for both instore and online purchases, as well as to withdraw cash from automated cash machines.
Your Card supports Euro currency. You will need to load the card via your profile before you can make purchases or withdrawals.
Your Card is funded directly by funds held on your Profile. Once loaded, funds are held on your Card. These funds do not earn interest and are not bank deposits.
Your Card is not a credit line and does make credit available to you. You must have sufficient funds of your own loaded onto your Card to cover any purchase or withdrawal.
You must be at least 18 years old and a UK or EEA resident /in exception of the EEA outermost regions/ to apply for and use a Card. You must also have already created a Profile and accepted our Terms, as well as verified your identity with us.
• Activating your Card
When you first receive your Card, you must sign the back of the card as indicated.
• Loading funds onto your Card
Your Card has to be loaded by funds held on your Profile. Once you top up your card with funds, they are not available to be used in your profile or reversed via your profile. Fees apply according to the Fee Schedule.
If your card is lost/stolen and there is balance in it, you should contact our support team in order to reverse the balance. Please, note the minimum amount for balance reversal is 100 Eur, fees apply.
• PIN number
PIN number is visible at the time of card activation via your profile, and only you can see it. Please, make a note of it. PIN number cannot be changed.
• Fees and limits
You can check the Fees applying to your card usage in your Profile, section Settings.
Make sure you have enough funds to cover both the value of any purchases or withdrawals and fees associated with the transaction, or your transaction may be declined.
You are responsible for any third-party fees you incur as a result of using your Card, for instance, fees you may incur from international or foreign currency ATM withdrawals.
• Using your Card
Only you are authorised to use your Card. You can use your Card to spend or withdraw funds you have loaded onto the Card. Your Card can be used anywhere Visa is accepted. We is not liable for any charges or losses where you use your Card where Visa is not accepted.
A Card transaction is authorised when you:
a. enter your PIN or provide any other security code;
b. sign a sales voucher;
c. provide your Card details and/or any other details as requested; or
d. wave, tap or swipe the Card over a card reader.
Only funds loaded onto your Visa prepaid Card can be spent. The Card does not offer any form of credit line to you. If you attempt to transact or withdraw using the Card and do not have sufficient funds loaded onto your Card, the transaction or withdrawal may be declined.
In some cases, you may incur a delayed charged, such as when using public transport. You are liable for all charges made with your Card. In the rare event that you incur a negative balance on your Card because you do not have sufficient funds to cover delayed transactions, you will be fully liable to us to cover the amount of any negative balances plus any applicable fees, charges and costs incurred by us in attempting to recover the required amount from you.
At all times, we’ll show your Card balance on your Profile, which will be updated regularly to reflect purchases and withdrawals you make with the Card.
Statements are available to be downloaded directly from your Profile.
• Errors, transaction disputes and unauthorised transactions
Ensure that you retain all records and receipts of transactions you make with your Card. You can check all of your transaction details at any time on your Profile.
If you don’t notify us of any errors, disputes, and unauthorised transactions within 13 months of a transaction or withdrawal, we’ll assume them to be true. To notify us, contact our support team and we’ll get back to you. We’ll do our best to resolve the issue as soon as possible. We’ll solely decide whether an issue is attributable to us, the Card Issuer, or our third-party service providers. Where we, the Card Issuer, or our third-party service providers are not at fault, we will have no liability to you.
Where payee details provided by you are incorrect, we are not liable for non-execution or defective execution of the payment transaction, but we will make reasonable efforts to recover the funds involved in the payment transaction and notify you of the outcome.
We can return money paid to your payment instrument by mistake, however, if you don’t think a payment made to you from a payment service provider in the EEA was a mistake, we may also be allowed to share your personal information with the paying payment service provider so that you can be contacted directly. This is because we are required to cooperate with other payment service providers and share all relevant information in order to assist with tracing money which is sent to the wrong person.
If you give us the wrong details for a payment or you tell us about an incorrect payment more than 13 months after it was made, we won’t give you a refund but we’ll try and trace it for you. We may charge you a reasonable fee to cover our costs in doing this.
Ensure that you authorise transactions and withdrawals which you are sure you want to make, as you cannot stop or reverse a payment or withdrawal. If you want to receive a refund for a purchase, you will need to contact the merchant you paid directly to request a refund. If the merchant decides to issue a refund to you, the merchant must issue a valid refund voucher to us in order for us to credit the refund to your Card.
Any dispute you have with a merchant over goods or services you purchased with your Card must be taken up directly with the merchant. Any dispute you have with the services provided by an ATM must be taken up with the ATM operator.
We may, but is not required, to file a formal dispute with a merchant on your behalf, after you have attempted to contact them. In these circumstances, you must provide us with all relevant and correct information concerning the dispute.
Refunds will be credited to your Card corresponding to the currency used to issue the refund. If this currency is not supported by your Card, the refund will be converted at applicable exchange rates and fees.
You must keep your Card and security credentials safe and not let anyone else know or use them. You must keep your security information secret at all times; never disclose your PIN or security information to anyone and do not store details of your PIN with your Card. Security information includes your login and password details used to access your account or any other website where your Card or account details are stored. We also recommend that you check the balance on your Card regularly on your Profile.
We will not be held liable where you fail to keep your Card secure.
• Limitations on your Card.
You cannot use your Card to:
a. Make purchases with merchants who do not accept the Card;
b. Make withdrawals with ATM operators who do not accept the Card;
c. Violate any laws applicable to you or us;
d. Violate our Terms, including the list of Prohibited Countries;
e. for money laundering or terrorist financing purposes; and
f. Transfer funds to a third party which does not relate to an underlying transaction for goods or services.
• Blocked transactions
We may refuse to pay a transaction:
a. if we are concerned about the security of your Card or account or we suspect your Card or account is being used in an unauthorised or fraudulent manner;
b. if sufficient funds are not paid into your account at the time of a transaction to cover the amount of the transaction and any applicable fees;
c. if there is a negative balance on your account;
d. if we have reasonable grounds to believe that you are not using your Card or account in accordance with these Issuer Terms;
e. if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or
f. because of errors, failures (whether mechanical or otherwise) or refusal to process a transaction by merchants, payment processors or payment schemes.
If we refuse a transaction, we will tell you why, if we can, unless it would be unlawful for us to do so. You may correct any information we hold and which may have caused us to refuse a transaction by contacting customer support.
• Ordering a Replacement Card
To order a replacement Card if your Card is lost or stolen, contact Customer Support. Fees may apply.
Your Card will be valid until the expiry date stated on the Card. After it expires, you will no longer be able to transact using the Card.
If we’re unable to contact you based on our records of your contact information six (6) months or more after the expiry date of your Card, we will hold the remaining balance(s) on your Card. Contact customer support to retrieve any funds on your Card.
• Stolen or lost Cards
If you lose your Card or it is stolen, or you suspect that someone else has found out your PIN or security information or accessed your account without your permission, you must tell us immediately by contacting customer support and block the card immediately via your profile. Your Card will be cancelled immediately, and your account may be blocked. If, after reporting a lost Card, you subsequently find the Card you should contact our support team to request reactivation.
• Account closure by us
We may cancel your Card and this agreement by giving you at least 1 month notice.
We may also cancel your Card immediately if we:
a. suspect unauthorised or fraudulent use of your Card;
b. have any other security concerns;
c. need to close your account in accordance with these T&C; or
d. need to do so to comply with the law.
We may also deny access to your Card and/or account where we consider it to be at risk of money laundering or terrorism financing, fraud or other criminal activity. If we need to take these actions and where possible, we will give reasons for doing so except where restricted by law. In these circumstances, you must tell us what you want us to do with any unused funds.
• Your responsibility
You are responsible for:
a. All charges and other amounts incurred through your use of the Card at any time, including any amounts outstanding after you stop using the Card or if we suspend or cancel your Card; and
b. Complying with any and all laws, rules and regulations of your jurisdiction that may apply to you in connection with your use of the Card, including but not limited to, activities of import and export, taxes or foreign currency transactions. We will not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied to you.
It is extremely important to keep your Card and Profile information safe and secure, as well as your email address and devices you may use to access your Profile. You will be responsible for limiting access to your Card and keeping your Profile secure.
• Our responsibility
If we incorrectly deduct funds from your account, we will refund them. If we subsequently establish that the refunded amount had in fact been correctly deducted, we may deduct it from your available balance and may charge you a fee. If you do not have sufficient available balance, you must repay us the amount immediately on demand. If unauthorised transactions occur after you have notified us of the loss, theft, compromise or unauthorised use of your Card or account, and you have not acted fraudulently or in breach of these Terms and Conditions, then we will be liable. We will not be liable to you in connection with or arising from your use of or inability to use your Card as a result or in connection with any of the following:
a. failed, missed, delayed, or fraudulent transactions, payment transmission errors, or any other issues related to payment or the processing, loading and/or transfer of money between you and the Card Issuer as the loading channel;
b. the Card Issuer’s failure to convey any notice, instructions or communications to us or other third parties on your behalf, accurately, in a timely manner or at all;
c. any unauthorised access to, disclosure of, wrongful or fraudulent use of your Card(s), Profile, Service, personal data, PIN and password to the extent not attributable to any acts or omissions on part of us;
d. any error, negligence, wilful default, misconduct, fraud, act, omission, breach or failure of, or contravention of applicable laws by, any other party (including you and the Card Issuer);
e. any refusal by a merchant to accept your Card
f. for any interruption, disruption or impairment of our service or any third-party services on which we rely for the performance of our obligations hereunder; for refusing to authorise a transaction;
g. for cancelling or suspending use of your Card;
h. for any loss arising from your inability to use your Card or access your account due to interruptions;
i. for any direct or indirect loss or damage you may suffer including loss of revenue, loss of reputation, goodwill, opportunity or anticipated savings as a result of your total or partial use or inability to use your Card;
j. for the quality, safety, legality or any other aspect of any goods or services purchased with your Card; and
k. any abnormal and unforeseeable circumstances beyond our control, however so caused.
• Card Interruption
From time to time, your ability to use your Card or account may be interrupted. If this happens, you may be unable to use your Card. In addition, like other payment cards, we cannot guarantee a merchant will accept your Card, or that we will necessarily authorise any particular transaction. This may be because of a system problem, something outside our reasonable control, to comply with legal and regulatory requirements, or because we have suspended, restricted or cancelled your account or refused to replace it in accordance with these Issuer Terms.
• Contacting you in an emergency
We may need to contact you urgently if we suspect or find fraudulent activity has occurred on your account (provided we are not prohibited from doing so by law) or if we suffer a security threat. To do so, we may (for example) send you a text message instead of calling or emailing you, if we think this is the quickest way to contact you. When we contact you, we will also give you information on how you can minimise any risk to your payment instrument depending on the nature of the security threat.
We will use the same contact details which you have already provided us with when contacting you. You must inform us immediately if your personal details or contact information change.
If you need any help or want to make a comment or complaint, please contact our customer service. We aim to resolve all enquiries within 30 calendar days.
Please give us the opportunity to resolve your complaint. We will respond to any complaints within 15 business days of receiving your complaint, except in exceptional circumstances beyond our control. In any event, we will respond to your complaint within 35 business days of receiving your compliant.
• Personal Information (include change of info)
If your details such as name, address, email address, and telephone or mobile number change, let us know immediately.
• Changes to these Issuer Terms
We may make changes to our Issuer Terms from time to time. If you do not agree to the changes, you must stop using the Card before the planned commencement date of the new changes. Continuing use of the Card means that you accept our new changes. Certain changes may occur immediately and without notice. This may happen when we are required to make changes by law, or where we make minor changes to these Issuer Terms that do not impact your rights and remedies or our obligations.
If we consider it to be operationally necessary, we may at any time assign or transfer the rights and novate the obligations to another entity without your consent. If that happens, from the effective date of the transfer, these Issuer Terms will be an agreement between you and the successor entity and that entity will assume our rights and obligations as if it were itself a party to these Issuer Terms. Your rights and obligations under these Issuer Terms will remain the same and we will notify you as soon as reasonably practicable.
• Governing law and dispute resolution
English law will apply to all disputes and the interpretation of these Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Card. This does not affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to your use of the Card heard in the courts of that country.
• Other miscellaneous items
No third-party rights are created in these Issuer Terms. Only you, as the holder of the Wirex Profile will have any rights to enforce these Terms. You cannot assign or transfer any of your rights under these Issuer Terms to someone else.
Where we do not enforce our rights under these Issuer Terms, we do not waive our rights. We may transfer or assign our rights under these Issuer Terms at any time.
Unless stated otherwise in these Issuer Terms, if any provision of these Issuer Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the extent possible.
29. Accessing a Deceased’s Account
In the event that you need to access a deceased’s Wallex Profile, please contact us. We may ask you for supporting documentation, such as a death certificate, probate documents, or other documents proving you have the right to administer the deceased’s estate.
30. No Investment Advice
We do not provide any type of investment advice. We may provide information concerning types of currencies and DPTs, prices, and events that may have influenced prices, all of which should not be considered investment advice. If you require investment advice you should contact a financial advisor. You are solely responsible for how you use our services and the financial results of your actions.
31. Governing Law and Dispute Resolution
In the event that Wallex has to take legal actions towards you, we shall be entitled to do so at our discretion at your country of residence, or country of nationality.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
33. Limitation of Liability
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL WALLEX, OUR DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE WALLEX MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM WALLEX, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WALLEX'S RECORDS, PROGRAMS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WALLEX (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO WALLEXFOR THE APPLICABLE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify and hold harmless Wallex (and each of our officers, directors, members, employees and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
35. Force Majeure Events.
Wallex shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Payward's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Payward's reasonable control (each, a "Force Majeure Event").
No third-party rights are created in these Terms. Only you, as the holder of the Wallex Profile will have any rights to enforce these Terms. You cannot assign or transfer any of your rights under these Terms to someone else.
Where we do not enforce our rights under these Terms, we do not waive our rights. We may transfer or assign our rights under these Terms at any time.
Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the extent possible.
Prohibited Articles and Transactions means:
(1) drug paraphernalia or narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (2) stolen goods including digital and virtual goods or which encourage, promote, facilitate or instruct others to engage in illegal activity (3) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (4) items that are considered obscene, (5) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Laws, (6) ammunition, firearms, certain firearm parts or accessories, or certain weapons or knives regulated or prohibited under Applicable Laws; (7) are associated with purchases of annuities or lottery contracts, lay-away systems, offshore banking or transactions to finance or refinance debts funded by a credit card, (8) are for the sale of certain items before the seller has control or possession of the item, (9) are by payment processors to collect payments on behalf of merchants, (10) are associated with the sale of traveller’s checks, money orders, money transfers, MoneySend Intracountry, MoneySend Intercountry or MoneySend Funding, (11) involve certain credit or debt settlement services, credit transactions or insurance activities, (12) involve offering or receiving payments for the purpose of bribery or corruption; (13) involve gambling activities; (14) any automated fuel dispenser transactions (15) are associated with direct marketing services, (16) massage parlours, (17) timeshares; (18) chemicals and allied products not elsewhere classified, (19) Adult Content, (20) Charities, (21) Defence/Military, (22) Ponzi Pyramid Schemes, (23) Precious Metals, (24) Weapons, or (25) Shell Banks.
Prohibited Countries means any of the following:
Afghanistan, Belarus, Burma, Burundi, North Korea, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Venezuela, Zimbabwe, Sudan, Yemen, Iraq, Iran, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Russia, Ukraine, Lebanon or any other country which (or with any other persons who) is sanctioned by the United Nations Security Council, or under applicable laws of your country of residence.