Upd: Aug 15, 2023
IMPORTANT INFORMATION: Please read this Agreement carefully before activating your Account. This Agreement becomes effective and binding on you upon your activation or use of your Card and for the entire period of validity of your Card. |
Account | The electronic money account associated with your Card. |
Additional Card Additional Cardholder Agreement
App | Any additional Card which is issued to a person any time after the successful registration of an Account that is not the Primary Card or a replacement Card A person who you have authorised to hold an Additional Card. These terms and conditions relating to the use of your Card(s) as amended from time to time. The mobile application provided by Program Manager that allows you to access your Account and carry out certain Account-related functions such as Card activation, viewing Transactions, blocking and unblocking and raising queries with Customer Services in relation to use of the Card. |
Applicable Law
Available Balance | any applicable law (including but not limited to, any local law of the jurisdictions into which the Card is provided and the Program is operated), statute, statutory instrument, act, regulation, rule, order, supervisory guidance, policy, instruction or requirement stipulated by an applicable Regulatory Authority, or interpretation promulgated or published by any Regulatory Authority, any order issued by a court having jurisdiction over a party, or any applicable rule or requirement of any Card Scheme related to the issuance, sale, authorisation or usage of the Card and/or services to be provided under this Agreement or such other rule as deemed valid by TPML from time to time.
The value of unspent funds loaded onto your Account and available to use. |
Business Day | Monday to Friday, 9am to 5pm CET, excluding bank and public holidays in Gibraltar and Malta. |
Card | Any debit card issued to you in accordance with this Agreement. |
Customer Services | The contact center for dealing with queries about your Card and Account. You can contact Customer Services by submitting a request at https://wirexapp.com/help/request/create |
Expiry Date | For Physical Cards: The expiry date showing on your Card. For Virtual Cards: the expiry date displayed in the App or Website. |
Fee | Any fee payable by you as referenced in the Fees & Limits Schedule. |
Fees & Limits Schedule | The schedule contained in this Agreement. |
KYC | Means “Know Your Customer” and constitutes our verification of your Personal Details. |
Merchant | A retailer or any other person that accepts e-money. |
Personal Details/Personal Data | The registered personal identity details relating to the use of your Card and App including (but not limited to) your: name, date of birth, home address, email address and telephone (landline and/or mobile) number. Full details of the Personal Data which we process are set out in our Privacy Policy. |
Physical Card | A physical/plastic Card that can be used to carry out Transactions. |
PIN | Personal Identification Number; that is, the security number provided for use with your Card. |
Primary Card Primary Cardholder
Program
Program Manager
Regulatory Authority
| The first Card issued to you in accordance with this Agreement. You, the person who has been issued with the Primary Card and who is responsible for the use of all other Additional Cards in accordance with this Agreement. Means the issuance, marketing, sale, processing, administration, supervision, maintenance, servicing, authorisation or usage of the Cards and any other payment services established in accordance with this Agreement. Wirex UAB, incorporated and registered in Lithuania with company number 305118023 and registered office at Perkūnkiemio g. 13 – 91, Vilnius, Lithuania. As the context requires, any Scheme and/or any regulator or agency having jurisdiction over Issuer or Program Manager related to the issuance, marketing, sale, authorisation or usage of the Cards, Program(s) or services provided under this agreement, including without limitation the Malta Financial Services Authority. |
Scheme | Mastercard; Mastercard is a registered trademark of Mastercard International Incorporated. |
Transaction | The use of your Card to make (i) a payment, or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of your Card including where payment is made over the internet, by phone or mail order or (ii) a cash withdrawal made from an ATM or bank using your Card. |
Username and Password | A set of personal codes selected by you in order to access the App; |
Virtual Card
Website | A set of verification procedures used as a non-physical equivalent to a Physical Card and providing some or all of the functionality of a physical card. Any reference to a Physical Card in this Agreement excludes the Virtual Card. |
we, us or our | Transact Payments Malta Limited (“TPML”), a company incorporated in Malta with registered address at Vault 14, Level 2, Valletta Waterfront, Floriana, FRN 1914, company registration number 91879 and which is authorised by the Malta Financial Services Authority an electronic money institution. |
You or your | You, the person who has entered into this Agreement with us by virtue of your use of the Card and or Account and any other person you have authorised to use any Cards in accordance with this Agreement. |
2.1 Your Card is issued by us pursuant to a licence from the Scheme and your rights and obligations relating to the use of the Card are subject to this Agreement.
2.2 You can download or print the latest version of this Agreement at any time from the Website and/or request a paper copy from Customer Services.
2.3 Your Card is an e-money product; it is not a credit, charge or debit card or connected in any way to your bank account.
2.4 You are not permitted to resell the Card.
3.1 To apply for, and use, a Card you must be at least 18 and resident in the European Economic Area (but not in Cyprus or Liechtenstein).
3.2 You may apply for a Card via the Website or App and we may require you to provide information/documentary evidence to prove your identity and address and/or we may carry out electronic identification verification checks on you.
3.3 Regardless of the type and number of Cards you have,you will have only one Account where your Available Balance is located. If we discover that you do have more than one Account, we may block your Card and terminate this Agreement.
3.4 When you receive your Card, you must activate it. You may activate your Virtual or Physical Card by the Website or App.
3.5 Provided we have been able to successfully complete KYC, you shall receive an activation confirmation on the App and you will be able to use the Card.
4.1 When entering into Transactions over the internet, some websites may require you to enter your Personal Details and, in such instances, you should supply the most recent Personal Details that you have provided Program Manager with.
4.2 You must notify Program Manager of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in the App. You will be liable for any loss that directly results from any failure to notify us of a change in your Personal Details as a result of undue delay, your gross negligence or fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you as applicable.
4.3 We, or Program Manager, reserve the right at any time to satisfy ourselves as to your Personal Details (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Account, you authorise us and Program Manager to undertake electronic identity verification checks on you either directly or using relevant third parties.
5.1 Funds may be added to your Account by debit card, credit card or bank transfer. TPML is not responsible for any funds that have not been loaded onto the Card and does not provide services for loading funds to the Card. Information regarding loading funds can be found in Program Manager’s Help Centre.
5.2 We and Program Manager reserve the right to request KYC documents and verification of your source of funds at any point.
6.1 Your use of the Card is subject to the Fees detailed in the Fees & Limits Schedule, which shall be deducted from the Available Balance.
6.2 Unless we inform you otherwise, you can use the Card at any Merchant who accepts the Scheme to carry out Transactions.
6.3 You must always ensure that you have sufficient Available Balance for each Transaction you authorise (including value added tax and other taxes, duties and applicable fees). If the Available Balance is insufficient to pay for a Transaction, some Merchants may not permit you to combine the use of your Card with other payment methods.
6.4 If for any reason a Transaction is carried out but its amount exceeds the Available Balance, you must pay us the deficit immediately, and if you fail to do so after receiving a notification from us, we reserve the right to take all necessary steps, including legal action, to recover this deficit.
6.5 There are certain circumstances where a Merchant may require you to have an Available Balance greater than the value of the Transaction you wish to make and you will only be charged for the actual and final value of the Transaction. Merchants may request this as they may need to access more funds than you initially planned to spend for example, when making hotel or rental car reservations. In the event that a Merchant has prior authorization on your Card, you will not have access to the relevant funds until the Transaction is completed or, if sooner, up to a period of 30 days. We will only block access to the exact amount of funds authorised by you.
6.6 Your Card cannot be used where such Merchants are unable to obtain online authorisation that you have sufficient Available Balance for the Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths. We accept no liability if a Merchant refuses to accept payment using the Card.
6.7 We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person.
6.8 Use of the Card is permitted subject to certain availability requirements, which depend on, among other considerations set out in this Agreement and in line with Applicable Law, the line of business of the Merchant where the Card may be used, the Merchant’s country of residency or incorporation and applicable anti-money laundering regulations. You must not use the Card for: cryptocurrency trading (outside of the Wirex ecosystem), any illegal purposes or in relation to any of the services set out in the current version of Wirex Prohibited & Conditional Use Policy.
7.1 You will need to give your consent to each Transaction by, where applicable, a) using your PIN or other security code personal to you; b) providing the Card details and/or providing any other details personal to you and/or your Card. Once you have given such consent to the Transaction, it will be deemed to be authorised.
7.2 The time of receipt of a Transaction order is when it is received by our processing partner. If a Transaction order is received after 4pm on a Business Day then it will be deemed to have been received on the next Business day.
7.3 Certain Merchants may not accept payments made through the Card and we accept no liability for this: it is your responsibility to check the restrictions of each Merchant.
7.4 Your ability to use or access the Card may occasionally be interrupted, for example if Program Manager or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using your Card or Account and these will be resolved as soon as possible.
8.1 At our sole discretion and provided we have received sufficient KYC information/documents (in accordance with condition 3.2), you may be eligible to apply for 1 Additional Card connected directly to your Account, for use by an Additional Cardholder in the Website or App, if available.
8.2 Additional Cardholders must be at least 18 years old or, provided that you are legally responsible for them, at least 13 years old. Transactions by persons under 18 years of age may not be allowed by some Merchants but in all cases, you shall be responsible for any use of any Additional Cards by such persons. We may request KYC for each Additional Cardholder as required.
8.3 If your Additional Card application is successful, we will send you an Additional Card, which may be subject to a Fee, in accordance with the Fees & Limits Schedule, and which you may give to the nominated Additional Cardholder for their exclusive use, provided that:
I. you provide the Additional Cardholder with a copy of these terms and conditions (which will then bind use by each of you);
II. the Additional Card is used only by that Additional Cardholder;
III. you retain the Primary Card for your sole and exclusive use in accordance with this Agreement;
IV. all Transactions made on the Additional Card shall be considered as having been authorised directly by you, the Primary Cardholder, who shall be responsible for such Transactions and any applicable Fees.
Funds cannot be added directly on to any Additional Cards, which will be connected to the same Account as the Primary Card.
You must ensure that any Additional Cardholders under 18 years of age do not use a Card for any purpose for which the minimum age is at least 18 e.g. purchase of alcohol, adult entertainment or gambling.
9.1 You will need a Personal Identification Number (PIN) in order to make payments at a Merchant with the Card. Your PIN will be available to you in the App. In order to view it, you must (i) select ‘Physical Card’ under the ‘Cards’ section; (ii) select ‘Manage Pin’ and then ‘Show Pin’; and (iii) complete the verification process.
9.2 If you forget your PIN, you may retrieve it from the App. For further assistance with any PIN-related queries, please contact Customer Services.
9.3 You must not give your Card to any other person or allow any other person to use it.
9.4 You are responsible for your Account, Card, PIN, App and any related security details (“Security Details”) and must take all possible measures to keep them safe and entirely confidential. Such measures include (but are not limited to):
i. never letting any other person use your Security Details;
ii. never writing your Security Details on your Card or on anything you usually keep with your Card;
iii. keeping your Security Details secret at all times for example, by not using your PIN if anyone else is watching.
9.5 Failure to comply with this condition 9 may affect your ability to claim any losses in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with undue delay or with gross negligence. In all other circumstances, your maximum liability shall be as set out below at condition 13.
9.6 If you believe that someone else knows any of your Security Details, you must notify us by contacting Customer Services immediately.
9.7 In the event that we suspect or believe that your Card may be subject to any fraud or security threats, Program Manager will notify you securely via email.
9.8 Once your Card has expired or if it is found after you have reported it as lost or stolen you must destroy it by cutting it in two through the magnetic strip.
10.1 You may terminate your Card at any time by contacting Customer Services and exercising your redemption rights under condition 11.
10.2 Once we have received all necessary information from you (including KYC) and all Transactions and applicable fees and charges have been processed and deducted, we will refund any Available Balance to you provided that:
i. you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
ii. we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.
10.3 Once your Card and Account have been cancelled, it will be your responsibility to destroy your Physical Card(s).
If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Card(s) or we receive a reversal of any prior funding Transaction, we will notify you of the amount and you must immediately repay to us such amount on demand.
11.1 You will not be able to use your Card following its Expiry Date. This Agreement shall terminate on the Expiry Date unless you are issued with a replacement card.
11.2 You may redeem your Available Balance by contacting Customer Services at any time while your Account is open. Once your Account is closed, and subject to any legal obligations with which we must comply, you will be able to redeem your Available Balance at any time within six years from the date this Agreement was terminated. When we process your redemption request, we may require you to provide us with KYC information and/or documents in order to verify your Personal Details in accordance with legal requirements. We may charge a redemption Fee if you request redemption of your Available Balance before, or 12 months after, expiry of this Agreement. Any such Account Closure Fee is set out in the Fees & Limits Schedule.
11.3 We shall have the absolute right to set-off, transfer, or apply sums held in your Account or Cards in or towards satisfaction of all or any liabilities and fees owed to us that have not been paid or satisfied when due.
12.1 When this Agreement is terminated, your Account is closed. We, or Program Manager for us, may terminate this agreement at any time by giving you two months’ advance notice (which will be sent to the email address that you have provided to us);
12.2 We, or Program Manager for us, can suspend your Card/Account, restrict its functionality or terminate this Agreement at any time with immediate effect if:
i. you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or
ii. a Transaction has been declined because of a lack of Available Balance or you do not repay money that you owe to us; or
iii. you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Agreement; or
iv. we reasonably suspect that the security of the Card has been compromised or that you, or any third party, have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes;
v. we believe that your use of the Card may result in harm to us or our systems; or
vi. we believe that your continued use of the Card may damage our reputation; or
vii. you become bankrupt; or
viii. we are required to do so under Applicable Law or where we believe that continued operation of the Program may be in breach of Applicable Law; or
ix. you do not access your Account for 3 years; or
x. we cannot process some or all of your Transactions due to the actions of third parties; or
xi. you have breached this Agreement.
12.3 In the event that we do suspend or terminate your Card then, where lawfully permitted, we or Program Manager shall notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place.
13.1 You are responsible for protecting your Card as if it were cash in your wallet – if it is lost or stolen, you may lose some or all of the money on your Card unless you contact us as specified in this condition.
13.2 You must contact us without delay by calling us on our 24-hour lost and stolen card helpline +44 2033228932 if you know or suspect that a Card is lost, stolen, misappropriated or subject to unauthorised use or that the PIN or any of the Security Details is known to an unauthorised person or you think that a Transaction has been incorrectly executed.
13.3 You shall be liable for up to a maximum of €50 of losses due to unauthorised Transactions made before you informed us about the theft, loss or misappropriation of the Card. If our investigations reveal that you authorised a disputed Transaction or that you acted fraudulently or that you negligently or with intent breached the terms of this Agreement (for example, by not keeping your Card or PIN safe), you may be liable for any loss we suffer due to use of the Card.
13.4 Once a loss, theft or unauthorised use of your Card is reported, use of the Card shall be blocked to avoid further losses.
13.5 Replacement Cards will be sent to the most recent address you have provided and will be subject to a Fee, as set out in the Fees & Limits Schedule.
13.6 You agree to cooperate with our agents, any Regulatory Authority, the police and us if your Card is lost, stolen or if we suspect fraudulent use of the Card.
13.7 In the event that you inform us of any unauthorised or incorrectly executed Transaction without undue delay, or in any event no later than 13 months after the debit date, we will refund the amount immediately unless we have any reason to believe that the incident may have been caused by a breach of this Agreement, through gross negligence or we have reasonable grounds to suspect fraud.
13.8 In the event of a non-executed or defectively executed Transaction, we will make immediate efforts to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In the event that we are liable for such Transaction, we will refund the amount, together with the amount of any resulting charges to which you may be subject, without undue delay.
13.9 In the event that a Transaction that was executed within European Economic Area arrived later than it should have according to the terms of this Agreement, you may request that we contact the receiving payment institution to ask them to treat it as if it was made on time.
13.10 In the event that a Transaction is made which is initiated by a Payee, we will provide a refund of that amount, subject to clause 13.11, only in circumstances where you can prove that:
13.10.1 the exact Transaction amount was not specified when you authorised the payment; and
13.10.2 the amount of the Transaction exceeds the amount that you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case.
13.11 The refund referred to in 13.10 will not be provided if:
13.11.1 the amount relates to currency exchange fluctuations; or
13.11.2 you have given your consent to execute the Transaction directly to us; or
13.11.3 information on the Transaction was provided or made available in an agreed manner to you at least 4 weeks prior to the due date of the Transaction; or
13.11.4 you request the refund from us later than 8 weeks from the date on which it was debited.
14.1 If you dispute a Transaction that you have authorised, and which has been processed on your Card, you should settle this with the person you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your Card.
14.2 If your dispute with a Merchant relating to a Transaction cannot be resolved you should contact us at Customer Services, and we will attempt to assist you as far as is reasonably practicable.
14.3 If you have reason to believe that a Transaction was carried out without your consent or in error, you may ask Program Manager to investigate the Transaction. If an investigation occurs, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Transaction was genuine, this will be deducted from your Available Balance and we may charge you an investigation fee, subject to the Fees & Limits Schedule. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.
15.1 If you use your Card in a currency other than the currency in which your Card is denominated (“Foreign Currency Transaction”), the amount deducted from your Available Balance will be the amount of the Foreign Currency Transaction converted to your Account currency using a rate set by the Scheme.
15.2 You may also be charged a foreign exchange Fee as set out in the Fees & Limits Schedule. In order to allow you to compare charges for currency conversion, you can view the real-time percentage difference between the amount that will be charged on your Card for a Foreign Currency Transaction (consisting of the mark-up applied by the Scheme as well as any other charges) and the latest available euro foreign exchange rates issued by the European Central Bank. You can view this information in the Website prior to making a Foreign Currency Transaction. This information will also be sent to you by push notification after making a relevant Foreign Currency Transaction, where required by applicable law. You are able to opt out of receiving this notification by contacting Customer Service.
16.1 We shall not be liable for:
i. any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
ii. any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
iii. any use of this Card that is contrary to this Agreement;
iv. any goods or services that are purchased with the Card; and
v. any damages due to loss, fraud or theft that you have reported to us later than 13 months after the event.
16.2 Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card;
16.3 Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount.
16.4 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
16.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Schemes, and other suppliers, contractors, representatives and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement. For all intents and purposes of law, we are appearing hereon also as agents for our affiliates such as the Schemes, and other suppliers, contractors, representatives and any of their respective affiliates (if any), limitedly for the purpose of this clause.
17.1 Should you wish to make a complaint about your Card and/or Account, you may contact Customer Services by email at customercomplaints@wirexapp.com to submit details of any such complaint.
17.2 Upon our receipt of your emailed complaint, we shall endeavour to respond to you as quickly as possible but in any event we shall reply to you by email and (where applicable) by phone call within 15 Business Days.
17.3 If, having received a response from our Customer Services team, you are unhappy with the outcome you can escalate your complaint to TPML’s Complaints Department by writing to complaints@transactpaymentslimited.com
17.4 If TPML’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of their findings within 35 Business Days of your complaint.
17.5 We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.
17.6 In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Arbiter for Financial Services at the following address: Office of the Arbiter for Financial Services, 1st Floor, St Calcedonius Square, Floriana FRN 1530, Malta (Telephone+ 356 21249245, Website: https://financialarbiter.org.mt)
18.1 Any communication from us or from Program Manager to you will be given via the Website and/or by notification on your App and/or by email or mobile device (using the latest contact details with which you have provided us).
18.2. You may contact Customer Services via the details which are set out in clause 1.
19.1 TPML will collect certain information about the purchaser and the users of the Card in order to operate the Card program. Your provision of your Personal Data and our processing of that data is necessary for each of us to carry out our obligations under this Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Agreement in accordance with clause 12.1(iii) above.
19.2 We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it and the conditions under which we may disclose it, please refer to our Privacy Policy which is provided to you at the time we collect your Personal Data.
20.1 We may update or amend this Agreement at any time on at least 2 months’ advance notice, which we shall instruct Program Manager to give you on the App, or by e-mail (using the latest contact details you have you have provided us with).
20.2 If you do not agree with the changes to the Agreement, you may at any time within the 2-month notice period terminate your Agreement in accordance with condition 11 and can redeem any unused Available Balance at that time without incurring a Fee. You will be deemed to have accepted any change to this Agreement unless you notify us before the proposed date of the change.
20.3 If any part of this Agreement is inconsistent with any regulatory requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.
The English language version of this Agreement and of any communications and Website content will prevail over any other language version which we may issue from time to time.
This Agreement is governed by Maltese law.
You agree to the non-exclusive jurisdiction of the courts of Malta.
Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
The Card is a payment service product and not a deposit or credit or banking product and, as such is not governed by the Deposit Security Scheme of Malta. However, we will safeguard your funds so that they are protected in accordance with Applicable Law if we become insolvent.
If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement.
Fees and Limits Schedule
Fees: Fees applicable to the Card are set out at the following link under ‘Card Fees’ and ‘Card Delivery’: https://wirexapp.com/help/article/wirex-fees-1379
Limits: Limits applicable to the Card are set out at the following link under the ‘EEA’ column: https://wirexapp.com/help/article/wirex-limits-1380