Region: Asia Pacific
Upd: May 18, 2020
Welcome to the Wirex 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 Wirex user; and
The Wirex 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. Users in certain regions may have different Terms applicable to them.
RISK WARNING ON DIGITAL PAYMENT TOKEN SERVICES
he Monetary Authority of Singapore (MAS) requires us to provide this risk warning to you as a customer of a digital payment token (DPT) service provider. Before you pay your DPT service provider any money or DPT, you should be aware of the following.
Your DPT service provider is exempted by MAS from holding a license to provide DPT services. Please note that you may not be able to recover all the money or DPTs you paid to your DPT service provider if your DPT service provider's business fails.
You should not transact in the DPT if you are not familiar with this DPT. Transacting in DPTs may not be suitable for you if you are not familiar with the technology that DPT services are provided.
You should be aware that the value of DPTs may fluctuate greatly. You should buy DPTs only if you are prepared to accept the risk of losing all of the money you put into such tokens.
Wirex operates a platform accessible through the Wirex application, which is available for download on your mobile device (the "App"), and our website at https://wirexapp.com, that allows you to buy, sell and manage supported currencies and digital payment tokens (“DPTs”), as well as to apply for, manage and load money onto a Wirex payment card (the "Wirex Service").
The information provided through the Wirex 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.
You should assess carefully whether your financial situation and tolerance for risk is suitable for any transactions you undertake using the Wirex Service, and you are responsible for conducting your own research before carrying out any transactions through the Wirex Service.
Different Wirex companies may provide services to you and may have different Terms applicable to you, depending on where you are ordinarily resident and where you create your Wirex Profile and / or Wirex Multicurrency Account:
|Wirex users in:||Company Name||Jurisdiction||Registration Number||Registered Address|
|Countries not defined below||Wirex Limited||England||09334596||9th Floor 107 Cheapside, London, United Kingdom, EC2V 6DN|
|EEA||UAB Wirex||Lithuania||305118023||Perkūnkiemio g. 13 – 91, Vilnius, Lithuania|
|Canada||Wirex Canada||Canada||1070820-8||22 Adelaide Street West, Suite 3400, Toronto, Ontario, M5H4E3, Canada|
|USA||Wirex USA||Delaware||6805163||8 The Green, Ste R, Dover, Delaware 19901 (Kent County)|
|Singapore, Taiwan, Hong Kong, South Korea, Australia, New Zealand, Vietnam, Thailand and the Philippines||Wirex Pte Ltd||Singapore||201731976E||36, Robinson Road, #02-106, Singapore, 068877|
|Japan||Wirex Japan Limited||Japan||0104-01-133476||Marunouchi Kitaguchi, Building 9F 1-6-5 Marunouchi, Hiyoda-ku, Tokyo|
Wirex Pte. Ltd. is subject to the Payments Services Act 2019 and is currently operating under exemption while its application is being reviewed by the Monetary Authority of Singapore.
Wirex Limited is authorised with the Financial Conduct Authority as an e-money institution with registration number 902025.
Wirex Canada is registered with the Financial Transactions and Reports Analysis Centre of Canada ("FINTRAC") as a Money Service Business ("MSB") with registration number M18946201.
Wirex USA is a registered money service business with the Financial Crimes Enforcement Network (FinCEN) for money transmission with registration number 31000133646433.
In order to use the Wirex Service, you will need to register using your email, set up an account with a password and verify your identity (your "Wirex Profile").
We recommend that you use a strong password, with a combination of letters, numbers and special characters, with your Wirex Profile. You must enable 2-factor authentication to access your Wirex Profile.
Please refer to the security section below (in paragraph 9) for more information about the steps you must take to protect your Wirex Profile.
Where applicable, our Wirex Profile allows you to access an online multicurrency account (your "Wirex Multicurrency Account") and to view the transactions you make through your Wirex Multicurrency Account. Your use of the Wirex Multicurrency Account is subject to additional terms which are available here. Only users in certain regions may be able to access a Wirex Multicurrency Account.
You can order a Wirex payment card (the "Wirex Card") to use in combination with your Wirex Multicurrency Account. If you have ordered a Wirex Card, you'll see a separate card account on your Wirex Profile which will show you the balance of your Wirex Card.
You can top up your Wirex Card from your Wirex Multicurrency Account using the applicable functionality on the Wirex Service. You can then spend the funds on your Wirex Card anywhere where VISA is accepted. A maintenance fee applies to your use of the Wirex Card as set out at https://wirexapp.com/fees-and-limits, which we will deduct from the funds on your Wirex Multicurrency Account.
Your Wirex Card is issued by Railsbank Technologies Pte. Ltd. (“Railsbank”). Your use of the Wirex Card is subject to additional terms and conditions that set out the agreement between you and Railsbank (the "Issuer Terms"). If you decide to order and use a Wirex Card, you must also read and accept the Issuer Terms.
Any purchases and sales of DPTs that you make through the Wirex Service will be subject to additional terms, which are available here.
If you don’t transact using the Wirex Service for nine (9) months up to 18 months, we’ll charge you a storage fee to store your balances with us. Transacting includes withdrawal, deposit, exchange, or transfer. We’ll provide you with thirty (30) days’ notice by email before we begin charging the storage fee.
If you are subject to the storage fee, just transact with the Wirex Service and we’ll stop charging the storage fee from the first business day after you begin transacting again.
For fiat balances, The storage fee will be charged at a rate of £/$/€ 5.00 per month, per balance at the current prevailing exchange rate.
For crypto balances, the storage fee will be charged per balance at a rate of 0.20% of account balance monthly, or a minimum of £5.00 per month.
If you don’t transact with us for 18 months or longer, we’ll charge you a storage fee at a rate of £/$/€ 5.00 per month, per balance at the current prevailing exchange rate. For crypto balances, the storage fee will be charged per balance at a rate of 0.003 BTC or equivalent per cryptoasset account per day. When your account is dormant for 18 months or longer, Your crypto balances may also be used in our pooled liquidity accounts, but this won’t affect your balance. Just transact with us to make your account active again.
The storage fee only applies if you have balances with us. No storage fee will apply if you do not hold any funds on your Wirex account.
It is extremely important for you to keep your Wirex Profile secure at all times. You are responsible for all transactions initiated through your Wirex Profile. Unauthorised use of your Wirex Profile may have serious consequences for you, including financial consequences. Ultimately, it is your responsibility to keep your Wirex Profile secure by engaging in the following practices:
If you believe your mobile, Wirex Card, or the login details for your Wirex Profile have been lost, stolen, or accessed without authorisation, you must contact us immediately at email@example.com or contacting the Help Center in the app. We will not be responsible for losses incurred due to unauthorised access of your email.
You must meet the following criteria in order to create a Wirex Profile:
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 may ask for proof of address documents issued in the last six months.
Where we cannot verify your identity or the validity of your documents, you will be refused a Wirex Profile. Where you appear on any governmental or inter-governmental sanctions list, you will be refused a Wirex Profile.
You must not use the Wirex Service for any of the following:
If you breach these Terms in any manner we may, in our sole discretion, take the following actions:
You may close your Wirex Profile and Wirex Multicurrency Account at any time with us for any reason by contacting us. However, you may not close your Wirex Profile or Wirex Multicurrency Account while Wirex is conducting an investigation into your use of the Wirex Service, or while you have a remaining balance on your Wirex Multicurrency Account. Even if your Wirex Profile is closed, you will remain liable for any actions taken through your Wirex Profile prior to closure.
Nothing in this paragraph 15 affects any legal rights you may have under the law of the country in which you are resident
We may end or suspend your use of the Wirex Service without notice to you, at any time, and with immediate effect in the following circumstances:
We exclude all liability for any losses incurred where we have suspended an account in accordance with this paragraph 16. Wirex is not required and may be prohibited by law to provide any further information regarding your account closure or suspension.
We may also terminate your Wirex Profile and your use of the Wirex Service at any time by giving you 2 months' notice.
We'll get in touch with you through the Wirex Service or the email address you provide on your Wirex Profile. Please make sure to keep this updated with an email address you check regularly. 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.
If you need any help or want to make a comment or complaint, please contact our customer service at firstname.lastname@example.org. We aim to resolve all enquiries within two weeks.
Copies of these Terms are available upon request and on our Website.
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.
If we have not been able to resolve your complaint to your satisfaction, you may take your complaint to the relevant institution:
For users in Asia Pacific: Contact the Monetary Authority of Singapore (MAS) at https://www.mas.gov.sg/contact/contact-us/ ; complete the online enquiry form here: call (65)-6225-5577; or write to: 10 Shenton Way, MAS Building, Singapore, 079117.
For users in the EEA: Contact the Financial Ombudsman Service (FOS), details of which are available at https://www.financial-ombudsman.org.uk/faqs. You can also call the FOS on 0300 123 9123 or write to: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR.
For users in Canada: Contact the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), details of which are available at http://www.fintrac.gc.ca/intro-eng.asp. You can also call FINTRAC on 1-866-346-8722 email email@example.com or write to: 24th Floor, 234 Laurier Avenue West, Ottawa, Ontario K1P 1H7.
For users in the USA: Contact the relevant state regulator by using this list at https://www.consumerfinance.gov/ask-cfpb/how-do-i-find-my-states-bank-regulator-en-1637/.
For users in Japan: Contact the Japan Financial Services Agency, details of which can be found at https://www.fsa.go.jp/en/contact.html. You can also write to Financial Services Agency, The Central Common Government Offices No.7, 3-2-1 Kasumigaseki, Chiyoda-ku, Tokyo, 100-8967, Japan or email firstname.lastname@example.org
All intellectual property rights in the Wirex Service, and all content and logos are owned by or licensed to Wirex. 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 Wirex Service, other than the right to use the Wirex Service, and to download our mobile application on your device in order to access the Wirex Service, in accordance with these Terms.
Your right to use the Wirex Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Wirex Service does not stop us from giving other people the right to use the Wirex Service.
We may make changes to our Terms and policies from time to time. Where possible, we will notify you at least 2 months in advance of the date of these changes. 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 Wirex 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
The Wirex 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 Wirex Service, we are not responsible for them in any way.
While we do our best to ensure that the features and functionalities of the Wirex 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 Wirex Service is therefore provided on an “as is” and “as available” basis. As such, we cannot guarantee that the Wirex Service won't be interrupted, or that you will not experience delays, failures or errors when using the Wirex Service.
We also give no guarantee as to the fitness for purpose of the Wirex 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 Wirex 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.
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 Wirex 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 Wirex Multicurrency Account or DPTs you have bought through the Wirex 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.
You are responsible for:
You are also responsible for keeping a copy of any information you upload to the Wirex Service or that is accessible through your Wirex Profile. We will not offer you compensation for any losses you might suffer as a result of any information that you access on the Wirex Service being deleted, or your access to such information being terminated or suspended if you or we terminate or suspend your use of the Wirex Service
This paragraph 25 applies where the App has been acquired from the Apple App Store. You acknowledge and agree that the Terms are solely between you and Wirex, 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 Wirex 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 Wirex 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, Wirex, 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 Wirex 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.
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 Wirex, 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) Wirex, 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
In the event that you need to access a deceased's Wirex 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.
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.
Singapore law will apply to all disputes and the interpretation of these Terms. The Singaporean courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Wirex Service. 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 Wirex Service heard in the courts of that country.
No third-party rights are created in these 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 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; or (18) chemicals and allied products not elsewhere classified.
Prohibited Countries means any of the following: Afghanistan, the Democratic People’s Republic of Korea, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iraq, Iran, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, 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.