1. THESE TERMS
1.1. These General Terms of Service (these “Terms”) constitute a framework agreement between you (the “User”, “you” or “your”) and Wirex Limited, a company incorporated in England and Wales with company number 09334596 and whose registered office is at 5th Floor, Tower 42, 25 Old Broad Street, London, United Kingdom, EC2N 1HN. Wirex administers Electronic Money in your Wirex Account and performs payment services related to your Wirex Account. Wirex is authorised by the Financial Conduct Authority for the issuing of Electronic Money.
1.2. These Terms commence on the day that Wirex confirms to you that your Wirex Account has been approved either via email or through the Wirex App and shall continue until terminated in accordance with these Terms. They govern (a) all Wirex Transaction(s); (b) opening of a Wirex Account; (c) your use the Wirex Dashboard; and (d) all other Wirex Services which Wirex enters into or provides to you. As a condition of your use of the Wirex Services and your entry into any Wirex Transaction, Wirex reserves the right to require you to provide us with such documentation, information and photographs and/ or require from you real-time facial recognition through the Website or Wirex App, as applicable, as we may reasonably request from you to comply with our regulatory obligations. You acknowledge that where you fail to provide such information or to satisfy such facial recognition, Wirex may take such steps as it deems necessary to prevent your use of the Wirex Services.
1.3. These Terms incorporate by this reference Wirex’s the Supplemental Terms as may be applicable to your use of Wirex Services from or in your Territory.
1.4. These Terms should be read in conjunction with:
A. The relevant Wirex Card Issuer Terms, as described at Clause 1.6 below;
B. Wirex’s Supplemental Terms as may apply to your Territory, available HERE;
C. Wirex’s Cryptocurrency-specific Terms, available HERE;
D. Wirex’s Card Terms, available HERE;
E. Wirex’s Fee Terms, available HERE;
1.5. Where there is any conflict between any provisions contained in the terms referenced at Clause 1.4 (A) to (D) above, the following order of priority shall be applied; for the avoidance of doubt the first mentioned terms taking precedence over those subsequently following:
A. The relevant Wirex Card Issuer Terms;
B. Wirex’s Supplemental Terms;
C. Wirex Cryptocurrency-specific Terms;
D. Wirex’s Card Terms;
E. Wirex’s Fee Terms;
F. These Terms.
1.6. Your Wirex Card is issued by one of the following entities (individually and collectively referred to in these Terms as the “Wirex Card Issuer”) and you will therefore be subject to the relevant terms as issued by the applicable Wirex Card Issuer (“Wirex Card Issuer Terms”), which you agree to and accept, the terms of which, where relevant, can be found at the following links:
A. Contis Financial Services Limited, in which case you are subject to the Card Issuer Terms found HERE;
B. Wirecard Singapore Pte. Ltd.;
1.7. The Wirex Card Issuer Terms which govern your use of your Wirex Card are separate and independent from these Terms.
2. WIREX ACCOUNT-HOLDER VERIFICATION AND KYC
2.1. It is Wirex’s policy to prohibit and actively prevent money laundering (“ML”) and any activity that facilitates money laundering or terrorism financing (“TF”) or criminal activities. Wirex is subject to regulation designed to combat ML and TF as set out in the laws of the UK, the Financial Conduct Authority (“FCA”), HMRC Guidance, the Financial Action Task Force (“FATF”) regulations and guidelines and the JMLSG Guidance Notes. Wirex also reviews other regulatory authorities’ guidance and internationally accepted regulations to prevent money laundering and to combat terrorism financing.
2.2. Wirex insists on a comprehensive and thorough KYC and AML compliance framework. This includes monitoring of suspicious transactions and obligatory reporting to local regulators and other compliance bodies.
2.3. Wirex reserves the right to refuse registration to persons from jurisdictions that do not meet international AML standards.
2.4. Wirex reserves the right to carry out Account-holder diligence verification of its users and their transactions. Enhanced Account-holder review may be carried out periodically at our discretion as part of our ongoing risk assessment. In addition to this, any attempt to abuse Wirex or its platform will result in immediate account suspension and reporting violations to respective authorities.
2.5. The Wirex AML and KYC policies are as follows: A. Transactions conducted via the Wirex platform will be subject to AML transaction monitoring. B. Identity and proof of address documents and transaction records will be maintained for at least six years and will be submitted to regulators as required without prior notification to registered users. C. Wirex may at any time without liability and without disclosing any reason, suspend the operation of your account. Wirex shall notify you after exercising its rights under this clause.
2.6. In compliance with its various obligations relating to preventing ML and TF Wirex has: A. Appointed a Money Laundering Reporting Officer (MLRO). B. Senior Management who take on responsibility for AML and Financial Crime. C. Systems to verify the identification of clients. D. Processes where any knowledge or suspicions of money laundering will be reported. E. Training for all relevant staff on AML. F. Systems to monitor our controls. G. A process to retain adequate records.
2.7. To be eligible to use the Wirex Services, you must: A. pass our regulatory due diligence checks; B. not be in breach of these Terms; and C. not have had any previous Wirex Account closed by us.
2.8. You confirm that you have provided the correct Information during the process of creating a Wirex Account. You undertake that, if your details change, you will notify us immediately. You agree and acknowledge that Wirex shall not be liable for any losses that occur due to the submission of invalid, incorrect or inaccurate Information. You agree to cooperate with all requests made by us or any of our third party service providers on our behalf in connection with your Wirex Account, to identify or authenticate your identity or validate your funding sources or Wirex Transactions. This may include, but is not limited to, asking you for further information that will allow Wirex to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your Information against third party databases or other sources as we choose.
2.9. We reserve the right to close, suspend, or limit access to your Wirex Account and/or the Wirex Services in the event we are unable to obtain or verify such Information or you do not comply with our requests under section 7.1 of these Terms.
2.10. We may confidentially verify the information you provide to us or which we obtain ourselves or through third parties from secure databases. Some of the searches which we or a third party may perform, such as a credit check, may leave a soft footprint on your credit history. This will not affect your credit rating. By entering into these Terms, you confirm that you consent to us or a third party on our behalf carrying out such verifications.
2.11. You must ensure the information on your Wirex Account is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Your Wirex Transaction Limit will be adjusted accordingly while we verify your identify. We shall not be liable for any losses arising out of your failure to maintain up to date information.
Verification of Account-holder Information
2.12. Wirex will verify your identity through documentary means, non-documentary means or both, using documents to verify a Wirex Account-holder’s identity when appropriate documents are available. Wirex reserves the right to use non-documentary means where necessary to verify the true identity of the Wirex Account-holder. To verify the identity of the Wirex Account-holder, Wirex may ask an individual for a copy of Government-issued proof of identity (passport copy or driving licence or Government issued National Identity Card), as well as proof of the Wirex Account-holder’s residential address (electricity, gas, water or fixed landline phone bill less than 3 months old or bank statement).
2.13. On opening an account, Wirex may additionally collect any of the following information in respect of the person or entity named on the account, prior to activating their account:
A. the Wirex Account-holder’s name;
B. date and place of birth (for an individual);
F. phone number.
2.14. We will verify the information provided to us within a reasonable time. Where we find suspicious information that indicates possible money laundering, terrorist financing activity, or other suspicious activity, we will, in conjunction with our MLRO report that activity in accordance with applicable laws and regulations.
2.15. Where we are not able to confirm with a reasonable degree of certainty the true identity of the Wirex Account-holder and/ or are not satisfied that the Wirex Account-holder presents an acceptable level of risk to Wirex, we may: (1) deactivate or suspend the account; (2) close an account after attempts to verify the Wirex Account-holder’s identity fail; and (3) determine whether it is necessary to inform applicable regulators and regulatory bodies in accordance with applicable laws and regulations.
2.16. Wirex may within a reasonable period of time after an account is opened (or earlier, if required by another law or regulation or directive issued in connection with an applicable list), determine whether a Wirex Account-holder appears on any government-issued list of known or suspected terrorists or terrorist organisations following which Wirex may, as required and/ or permitted by applicable laws, submit such information to applicable regulatory bodies.
2.17. We maintain records of our verification for anti-ML purposes, including information provided by the Wirex Account-holder regarding their identity, as well as specific details contained within those documents. We will retain records of all identification information for five years from the date it is provided or an account is closed, whichever is later. The information we hold will be treated as confidential unless disclosure is required to a third party, in which case such disclosure shall be made in accordance with applicable laws. Suspicious Activity
2.18. Wirex reserves the right to monitor accounts for activity involving unusual transaction sizes, volumes, patterns or types and Wirex may in its sole discretion conduct further investigations in this respect.
2.19. Wirex may file one or more reports with any relevant regulatory authority(ies) where we know, suspect or have reason to suspect that a transaction facilitates criminal activity.
2.20. It is our policy that all suspicious activities will be reported regularly to the Board of Directors and appropriate senior management.
2.21. Wirex is prohibited from transacting business with individuals, companies and countries that are on prescribed Sanctions lists. Wirex will therefore screen against United Nations, European Union, UK Treasury and US Office of Foreign Assets Control (OFAC) sanctions lists in all jurisdictions in which we operate.
3. YOUR WIREX ACCOUNT
3.1. You are able to store multiple currencies in your Wirex Account. These currencies are subject to change from time to time.
3.2. Individual accounts associated with Supported Fiat Currencies for the store of Electronic Money are administered on Wirex’s behalf by the applicable Card Issuer, depending on your location. This is not the same as a banking institution holding money for you. Neither we nor our Card Issuer use the funds to invest or lend to other persons or entities. Your Electronic Money will not accrue interest. Your Electronic Money is not covered by the Financial Services Compensation Scheme, administered by the FCA. The funds corresponding to Electronic Money will be held in one or more segregated bank accounts or multi-signature wallets, as applicable, separately from Wirex’s own funds, in accordance with the provisions of the Electronic Money Regulations 2011. Accounts for Supported Fiat Currencies are administered by the relevant Card Issuer.
3.3. Custody of Supported Cryptocurrencies is maintained by our Cryptocurrency Custodians. Our Cryptocurrency Custodians control only one of three multi-signature wallet keys in each case. The remaining two wallet keys in each case are controlled by Wirex. Please refer to our Cryptocurrency-specific Terms, as referenced in paragraph 1.4(c) above for more information.
3.4. Your Wirex Account, which stores Electronic Money issued to you by Wirex in exchange for receiving money from you or on your behalf, may be used by you to enter into: A. Wirex Dashboard Transactions; and B. Wirex Card Transactions.
3.5. You may be required to provide supplemental information to us to be able to use the full functionality of the Wirex App.
4. RESTRICTIONS ON THE USE OF THE WIREX SERVICES
4.1. Under no circumstances are you permitted to:
A. breach these Terms and/or the Wirex Card Issuer Terms (as applicable) or any other agreement or policy that you have agreed with Wirex or with the Wirex Card Issuer;
B. use the Wirex Services for any illegal purposes, including, but not limited to fraud and money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, the unlawful purchase or sale of tobacco, firearms, prescription drugs, other controlled substances or other products prohibited by law. Wirex will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
C. use the Wirex Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full;
D. use the Wirex Services to engage in debt-collection activities;
E. instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
F. refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
G. attempt to intentionally or knowingly receive or attempt to receive funds
from both Wirex and a merchant for the same Wirex Transaction;
H. control a Wirex Account that is linked to another Wirex Account that has engaged in any of these Restricted Activities;
I. conduct your business or use the Wirex Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Wirex, other Users, third parties or you;
J. use your Wirex Account or the Wirex Services in a manner that the Wirex Card Issuer, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
K. create more than one Wirex Account without our prior written consent;
L. use the Wirex Services to violate any law, statute, ordinance, or regulation;
M. use the Wirex Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
N. use the Wirex Services to conduct activities pertaining to adult entertainment/pornography, auction houses, charities, chemicals and allied products, dating and escort services, binary options, legal services, political or religious organisations, video game arcades or establishments and business claiming to trade in prime bank guarantees, debentures, letters of credit or medium term notes;
O. infringe Wirex’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
P. act in a manner that is defamatory, libelous, threatening or harassing when using the Wirex Services;
Q. provide us with false, inaccurate or misleading information;
R. allow any of the currencies in your Wirex Account to have a negative balance;
S. provide yourself with a cash advance from your credit card (or help others to do so);
T. take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Wirex Services;
U. take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
V. use the Wirex Services to test credit card behaviours;
W. circumvent any Wirex policy or determinations about your Wirex Account including, but not limited to, attempting to create a new or additional Wirex Account when a Wirex Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Wirex Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Wirex Account;
X. harass our employees, agents, or other Users;
Y. refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
Z. use the Wirex Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable law;
AA. use the Wirex Services to trade FX for speculative purposes or for FX arbitrage;
BB. refuse or fail to provide further information about you or your business activities that we may reasonably request;
CC. conduct your business or use the Wirex Services in a manner that leads us to receive a disproportionate number of claims or chargebacks;
DD. have a credit score provided by a third party provider of Wirex’s choosing which indicates a higher level of risk associated with your use of the Services;
EE. reveal your Mobile PIN or Card PIN to anyone or use anyone else’s Wirex App or Wirex Card.
4.2. You must ensure that you only enter into Wirex Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. Where a person or entity accepts payments via a Wirex Transaction you should not infer that their supply or provision of the goods and services is legal.
4.3. We reserve the right to refuse to perform a Wirex Transaction directly or indirectly associated with any Restricted Country.
4.4. If Wirex, in its sole discretion, believes that you may have breached the provision of this Clause, we may take action to protect ourselves, other Users and third parties. The action we may take includes but is not limited to:
A. closing, suspending, or limiting your access to your Wirex Account or any or all of the Wirex Services.
B. contacting other Users who have transacted with you; contacting your bank or credit card issuer; and/or warning other Users, law enforcement, or impacted third parties of your actions;
C. updating inaccurate Information you have provided to us;
D. taking legal action against you;
E. terminating these Terms or access to the Website;
F. fully or partially reversing a Wirex Transaction; and/or
G. blocking your access to your Wirex Account and/or Wirex Dashboard temporarily or permanently.
4.5. Where possible, Wirex will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
5. THE WIREX DASHBOARD
5.1. As a Wirex Account-holder, you can access to the Wirex Dashboard on the Website or Wirex App, where you can, among other things:
A. Top-Up your Wirex Account;
B. verify your identity with us;
C. see your Wirex Transaction History;
D. see the balance and currency of the Electronic Money held in your Wirex Account;
E. enable or disable your Wirex Card;
F. change the PIN on your Wirex Card;
G. access other security features relating to your Wirex Account;
H. confirm your blockchain wallet address;
I. confirm your Cryptocurrency balances.
6. YOUR WIREX CARD
6.1. Upon registering your details and Wirex successfully completing necessary KYC checks using the information you provide to us, once you have been accepted as a Wirex Account-holder, we shall issue you with your Wirex Card, subject to any issuance charges, as set out in the separate Fees section to these Terms.
6.2. Your use of the Wirex Card is subject to the Wirex Card Issuer Terms.
6.3. You may activate and deactivate a Wirex Card using the Wirex App. Failure to disable the Wirex Card upon becoming aware of it being lost or stolen may mean that you lose your right to any compensation for an unauthorised Wirex Transaction.
7.1. You must ensure that you take all reasonable steps to maintain the security of you Wirex Account and Wirex Card by:
A. keeping your Mobile and your Mobile PIN safe and secure;
B. preventing unauthorised access to your Wirex Dashboard; and
C. ensuring your Wirex Card PIN and other unique numbers (including CVC, expiry and card number) are kept safe and secure.
7.2. The requirements of this Clause 7 are subject to you undertaking to do the following provisions, which you acknowledge and agree to do, as well as other reasonable actions that can be reasonably inferred as being required on your part:
A. closing the Wirex App every time you are not using it;
B. keeping the Mobile you use to gain access to the Wirex Dashboard safe and secure and locked with a secure password or other security mechanism;
C. not writing down or telling anyone your Mobile PIN;
D. changing your Mobile PIN regularly;
E. not writing down or telling anyone your Card PIN or details of the Wirex Card;
F. changing your Card PIN regularly;
G. if you receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your Mobile PIN, not providing your information and contacting our Customer Services team via the Wirex Dashboard;
H. ensuring that the Mobile and e-mail account(s) you use to communicate with us are secure and only accessed by you, as the Mobile and e-mail address may be used to reset your Mobile PIN or to send information relating to the security of the Wirex Dashboard;
I. if at any time you think that your Mobile PIN has been lost, stolen or any other person knows your Mobile PIN or anyone has access to your e-mail account or Mobile you use to communicate with us, you must inform our Customer Services team immediately via the Wirex Dashboard;
J. keeping your Wirex Card safe and secure;
K. disabling your Wirex Card via the Wirex Dashboard or otherwise reporting to us, at any time if you think the security of the Wirex Card is at risk, for example, if it is lost or stolen.
7.3. All Wirex Transactions are processed by automated methods. Anyone who obtains access credentials to the Wirex Dashboard or access to a Wirex Card could use it to enter into Wirex Transactions without your permission. If you notice misuse, theft or unauthorised use of your Mobile, Wirex Card, Mobile PIN or Card PIN or any other activity that makes you suspicious, you must contact the Customer Services team and if possible enable the appropriate security features on the Wirex App. If you suspect identity theft or theft of Electronic Money, we suggest that you contact your local police as well.
8. TOP-UPS TO YOUR WIREX ACCOUNT
8.1. In order to Top-Up the Electronic Money in your Wirex Account, you will need to perform a Top-Up via a Default Payment Card, or via a User Bank Transfer.
8.2. We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the amount of money you can receive through the Wirex Services. In order to lift your receiving limit, you must provide us with any supplemental information we request. If you have a Top-Up limit on your Wirex Account, you may be able to view it by logging onto your Wirex Dashboard and accessing the Profile section. Top-Ups via Default Payment Card
8.3. In order to Top-Up via a Default Payment Card, you will need to add the details of the Default Payment Card onto your Wirex Dashboard. You may only add details of your Default Payment Cards to your Wirex Dashboard if you are the named holder of Default Payment Card. The purchase of Electronic Money via Default Payment Card will be for the amount and the currency defined by you.
8.4. You may have an option of using an automatic Top-Up function if it is available. You can set up or cancel this function at any time using the Wirex Dashboard. The automatic Top-Up function allows you to automatically Top-Up your Wirex Account if the balance of your Wirex Account drops below a certain amount, which you set on the Wirex Dashboard. The Top-Up will use the Default Payment Card you choose, when you enable the automatic Top-Up function. Please make sure that there is enough money for the Top-Up in the account your Default Payment Card is linked to. Top-Ups via User Bank Transfer
8.5. You may also fund your Wirex Account by entering into a User Bank Transfer. To perform a User Bank Transfer within the Wirex Dashboard, you will be required to add and verify your bank account (and subject to the terms of the bank mandate used by your bank to set up and maintain the authority).
8.6. Upon our receipt of the amount sent via User Bank Transfer (either performed within or outside of the Wirex Dashboard), we will issue the corresponding value of Electronic Money to your Wirex Account. The details of the bank account, belonging to Wirex, to send the money to will be set out on the Wirex Dashboard. Please take care (or ask the third party making a Third Party Bank Transfer to take care) to enter the correct bank account details when performing the User Bank Transfer or Third Party Bank Transfer, to make sure the money reaches us. If we receive your money in a currency other than the currency you indicated to us when we provided you with the bank account details, then we will not be liable for any losses that you incur if our bank performs a currency conversion to change the money received into the currency of our bank account to which the money was sent.
9. WIREX TRANSACTIONS
9.1. Wirex may refuse to enter into a Wirex Transaction with you at any time and for any reason.
9.2. Wirex provides virtual receipts for successful Wirex Transactions, which are accessible on the Wirex Dashboard. In addition to virtual receipts, merchants should provide you with receipts when you enter into a Wirex Card Purchase. Wirex will not and is under no obligation to provide you with a physical receipt or other written confirmation in connection with any Wirex Transaction.
10. EXCHANGING ELECTRONIC MONEY
10.1. You can exchange Electronic Money in your Wirex Account to Electronic Money in another currency by using the exchange function on the Wirex Dashboard. The currencies of Electronic Money which you are able to purchase and store in your Wirex Account are limited to those set out on the Wirex Dashboard and are subject to change from time to time without us being required to provide you with notice.
10.2. You will be informed, on the Wirex Dashboard, prior to sending your request to enter into the Electronic Money Exchange, of:
A. the amount of Electronic Money you will use to purchase the amount of Electronic Money in your required currency;
B. the amount and currency of the Electronic Money you wish to purchase;
C. the exchange rate of the Electronic Money Exchange.
10.3. In order to submit the request to enter into the Electronic Money Exchange, you will need to confirm the details which have been entered by hitting the ‘confirm’ button on the relevant part of the Wirex Dashboard. By entering into these Terms, you accept sole responsibility for entering into the Electronic Money Exchange. Wirex will not be responsible for any losses you incur as a result of you using this function.
10.4. The request to enter into an Electronic Money Exchange will be accepted when we confirm to you that the Electronic Money Exchange has been entered into, on the Wirex Dashboard.
10.5. The amount of Electronic Money you can exchange is subject to a daily limit, specified in our limits, which can be found [HERE]. Please refer to the Fees Section for more information on the interbank rate. It is your responsibility to stay informed of any changes to the limits and fees applied to any exchanges at the interbank rate.
11. ELECTRONIC MONEY TRANSFERS TO OTHER WIREX USERS
11.1. You are able to send your Supported Fiat Currencies to other Wirex Users and Cryptocurrency to any other wallet address using the Wirex Dashboard.
11.2. You can make a request to enter into an Electronic Money Transfer by logging onto the Wirex Dashboard and following the on-screen instructions. You will need to enter the Counterparty’s details requested on the Wirex Dashboard (the ‘unique identifier’) in order to request entry into an Electronic Money Transfer. It is your responsibility to make sure that the Counterparty’s unique identifier is entered correctly. Any error may result in the Electronic Money Transfer being unsuccessful or delayed. We shall not be liable for any losses you incur from entering an incorrect unique identifier.
11.3. If the Counterparty is already a Wirex User, you will be informed on the Wirex Dashboard, prior to confirming your request to enter into the Electronic Money Transfer, of:
A. the Counterparty’s name;
B. the amount and currency of Electronic Money you wish to send to the Counterparty; and
C. the fees for the Electronic Money Transfer (if any).
Electronic Money Transfers to Wirex Users
11.4. In order to submit the request to enter into the Electronic Money Transfer, you will need to confirm the details which you have entered on the relevant part of the Wirex Dashboard. Once you have provided confirmation (provided the Counterparty is a Wirex User) by pressing ‘send’ then at this time we will have been deemed to have received your request to enter into the Electronic Money Transfer. Electronic Money Transfers to Non-Wirex Users
11.5. If the Counterparty is not a Wirex User, then the request to enter into a Cryptocurrency Transfer shall be pending and not be deemed as received until the Counterparty is approved as a Wirex User, within the 72 hours (excluding weekends and bank holidays in England) that the Electronic Money Transfer is pending. The Counterparty will receive an SMS with instructions on how to open a Wirex Account. You authorise Wirex to send an SMS to the Counterparty on your behalf. If the Counterparty does not sign up to Wirex within 72 hours of the SMS being sent to them, then the pending Electronic Money Transfer will be terminated.
11.6. If the Counterparty is not a Wirex User then:
A. the request to enter into the Electronic Money Transfer will be pending and will not be deemed to have been received by us until the non-Wirex User has been accepted as a Wirex User;
B. the Electronic Money Transfer should be completed at the latest by the end of the Business Day following the day upon which the Counterparty becomes a Wirex User, provided the Counterparty becomes a Wirex User before the pending Electronic Money Transfer lapses.
11.7. Once your Electronic Money has been sent, you will be able to view the completed Electronic Money Transfer on the Wirex Transaction History part of the Wirex Dashboard.
12. RECEIVE ELECTRONIC MONEY
12.1. If you receive Electronic Money into your Wirex Account, we will send a notification to the Wirex Dashboard and display the payment in your Wirex Transaction History.
13. ATM WITHDRAWALS
13.1. You can use your Wirex Card to withdraw cash from an ATM, whereby we will redeem Supported Fiat Currency held in your Wirex Account and you will be provided with the equivalent amount of cash. You will need to follow the instructions on the ATM machine to perform the ATM Withdrawal. This may involve entering your Card PIN.
13.2. We charge for ATM Withdrawals in accordance with the charges set out in the Fees Section. If you choose to withdraw cash in a currency other than the currency for which you hold enough Fiat Currency in your Wirex Account, then our Exchange Rate will be used.
13.3. If you choose to withdraw cash using the currency conversion offered by the ATM owner, Wirex has no liability to you for that currency conversion. Please note that the ATM provider may, in addition charge its own fee for ATM Withdrawals which we have no control over or liability for.
14. WIREX CARD PURCHASE
14.1. You can use your Wirex Card to purchase goods and/or services either online or at a point of sale terminal anywhere that accepts the Wirex Card. Where you do so Wirex will redeem Electronic Money in your Wirex Account and the merchant will be sent, less any fees from the Wirex Card Issuer, the equivalent amount of money. You may be required to enter the details of your Wirex Card (the card number, expiry date and CVC/ CVV number) or your Card PIN.
14.2. If you choose to be charged for your purchase in a currency other than the currency for which you hold enough Electronic Money in your Wirex Account, then our Exchange Rate will be used.
14.3. Where a currency conversion is offered to you by the merchant and you choose to authorise the payment transaction on the basis of the merchant’s exchange rate and charges, Wirex has no liability to you for that currency conversion.
14.4. Please see our Wirex Card Issuer Terms for more information on payments using you Wirex Card.
15.1. The fees for the Wirex Services are set out HERE. We will provide you with notice of any changes to the Fees in accordance with these Terms.
15.2. The fees we charge for any Wirex Service is clearly shown on the Wirex Dashboard prior to you completing an action and accepted by you or a User.
15.3. Fees for the delivery of replacement Wirex Cards shall be charged at the time the request for a Wirex Card is made. If your Wirex Account balance is insufficient to cover the fees for the delivery of the replacement Wirex Card, then we may refuse to issue the replacement Wirex Card. If your Wirex Card has been lost, stolen or misappropriated we will only charge you for the costs associated with replacing your Wirex Card and sending it to your applicable jurisdiction.
15.4. We deduct applicable fees in respect of any Wirex Dashboard Transaction from the GBP currency balance in your Wirex Account. Where your Wirex Account does not hold a sufficient GBP balance to pay such fees, we shall deduct the equivalent fees from a different currency balance(s) calculated using our Exchange Rates. Where your Wirex Account does not hold sufficient Electronic Money to pay your fees in any currency, you agree that Wirex may deduct applicable fees using the details of the Default Payment Card you supplied when signing up for the Wirex Services or which you subsequently provide to us. We reserve the right to suspend your access to your Wirex Services if we are not paid on time any monies owing to us by you.
15.5. ATM Withdrawal fees will be charged at the time the ATM Withdrawal is performed. If your Wirex Account balance is insufficient to cover the ATM Withdrawal fees, we may refuse to execute the ATM Withdrawal. Please be aware that some ATM providers charge additional fees for the use of their ATMs and some merchants add a surcharge for accepting certain types of cards. You may also be subject to merchant’s terms and conditions of business when you use the Wirex Card and it is your responsibility to review and agree these before proceeding with a Wirex Card Transaction.
16. APPLICABLE EXCHANGE RATES
16.1. The “Exchange Rate” means the:
A. “Standard Exchange Rate”; or
B. “Non-Standard Exchange Rate” depending on the value of the Electronic Money Exchanges carried out by you in the given month, further details of which are set out in the Fees Section.
16.2. Generally, for major currencies during FX market hours the Standard Exchange Rate will be the interbank rate. However, in certain circumstances, it is not possible for the Standard Exchange Rate to be the interbank rate including when the FX market is closed on weekends or on bank holidays or when your Exchange Rate involves illiquid currencies. It may also not be possible for the Standard Exchange Rate to be the interbank rate due to other external factors such as volatile market conditions, a system failure impacting Wirex’s Services or any other external factors. In such instances, the Standard Exchange Rate will be different from the interbank rate. Please see the Fees Section for more details.
16.3. We will use the Exchange Rates set out in the Fees Section, where we can, however you will be informed (where possible) of the exact Exchange Rate for each Wirex Transaction prior to your entry into the same. It is your responsibility to ensure that you are happy with the Exchange Rate we offer you, prior to entering into each Wirex Transaction. In addition, our live exchange rates are available on the Wirex Dashboard.
17. YOUR BALANCE AND NEGATIVE BALANCES
17.1. You acknowledge that balances and available funds reported on the Wirex Dashboard are only approximate real time balances rather than the settled balances in your Wirex Account. A real time balance may not take into account pending debits and credits. Wirex will provide you with information on pending debits and credits as soon as it has that information.
18. If for any reason (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers) you have a negative balance in your Wirex Account, you agree to immediately Top-Up the required amount to correct the negative balance, such amounts being due without the need for previous notification. If you fail to do so:
A. we may exercise our right of set-off in accordance with Clause 20 (Wirex’s Right to Set-Off) of these Terms;
B. initiate a chargeback procedure for any specific transaction which led to your Wirex Account having a negative balance;
C. take debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts;
D. if Wirex requests that you complete a Top-Up in order to correct a negative balance and you fail to do so within 7 Business Days, you authorise us to initiate a payment transaction for the amount of the negative balance (or the equivalent in another currency) from one of your Default Payment Cards or User Bank Accounts.
19. WIREX TRANSACTION LIMITS
19.1. We reserve the right to impose at our sole discretion Wirex Transaction Limits, based on criteria determined by us and that does not have to be disclosed.
19.2. You may be able to view some of these Wirex Transaction Limits by logging onto the Wirex Dashboard. Wirex may, from time to time, provide you with procedures or methods to remove or increase such limits. We reserve the right to remove Wirex Transaction Limits from the Wirex Dashboard.
20. SUSPENDING THE WIREX SERVICES
20.1. We reserve the right to change, suspend or discontinue any aspect of the Wirex Services at any time, including hours of operation or availability of the Wirex Services or any Wirex Services feature, without notice and without liability.
21. WIREX’S RIGHT TO SET-OFF
21.1. On the happening of any event which entitles us to be compensated by you (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers), we shall be entitled to recover any sum due to us by retaining part or all of any sum that you have lodged with us under any Wirex Transaction or otherwise. You shall have no similar right of set-off. For the avoidance of doubt, this includes if one of the currency balances in your Wirex Account shows that you owe us an amount of funds for any reason or has a negative balance, Wirex may set-off the amount you owe us by using funds you maintain in that currency or in a different currency balance or by deducting amounts you owe us from money you receive into your Wirex Account, or money you attempt to withdraw or send from your Wirex Account, or in a different Wirex Account which you control and by deducting funds from any withdrawals you attempt to make.
21.2. On the happening of any event which entitles us to be compensated by you, if for whatever reason we are unable to exercise our right of set-off pursuant to Clause 20.1, we may initiate a payment transaction for the amount we are due to be compensated by you from one of your Default Payment Cards or User Bank Accounts.
21.3. If the amount owed to us is in a currency which is different to the Electronic Money you hold with us, we shall convert the amount you hold with us to the currency of the amount you owe us by applying our Exchange Rates. We do not need to notify you of this conversion occurring.
21.4. If a Direct Debit Claim is raised by you pursuant to the Direct Debit Guarantee Scheme, and the claim is adjudged by Wirex to be fraudulent or erroneous, we reserve our right to set-off the claim pursuant to Clause 20.1. If for whatever reason we are unable to exercise our right of set-off pursuant to Clause 20.1, we may ask you to pay us another way and if you do not do so within 7 Business Days you authorise us to initiate a payment transaction for the amount we are due to be compensated by you from one of your Default Payment Cards or User Bank Accounts.
22. WIREX’S LIABILITY FOR ELECTRONIC MONEY TRANSFERS, WIREX BANK TRANSFERS, ATM WITHDRAWALS AND WIREX CARD PURCHASES
22.1. You warrant that you are an individual acting solely on your own behalf and are acting for a purpose other than a trade, business or profession.
22.2. If you believe that an Electronic Money Transfer, Wirex Bank Transfer, ATM Withdrawal and/or a Wirex Card Purchase has been incorrectly executed or was not authorised by you, you must inform us as soon as possible via the Wirex Dashboard. Failure to notify us immediately on becoming aware or within the 2 months of the date of the unauthorised or incorrectly executed Electronic Money Transfer, Wirex Bank Transfer, ATM Withdrawal or Wirex Card Purchase will result in you losing your entitlement to have the matter corrected.
22.3. Where it is established that an Electronic Money Transfer, Wirex Bank Transfer, ATM Withdrawal and/or a Wirex Card Purchase was not authorised by you, or was incorrectly initiated or executed by us (provided we can prove such incorrect transaction has taken place) and you have notified us in a timely manner within 2 months of the date of the unauthorised Electronic Money Transfer, a Wirex Bank Transfer, an ATM Withdrawal or a Wirex Card Purchase, we shall refund to you the full amount debited without authorisation, subject to you being liable in full for all losses incurred in respect of an Electronic Money Transfer, a Wirex Bank Transfer, ATM Withdrawal and Wirex Card Purchase made by us which was not authorised by you, if you have acted fraudulently, or have intentionally or with gross negligence failed to comply with the obligations set out in Clause 7 (Security) or you have not notified us on time in accordance with Clause 21.2.
23. GENERAL LIABILITY
23.1. Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of an Electronic Money Transfer, Wirex Bank Transfer, ATM Withdrawal or a Wirex Card Purchase which was not authorised by you which occurs after you have notified us, without undue delay, on becoming aware of the loss, theft, misappropriation or unauthorised use of the Wirex Card or the Mobile PIN or Card PIN which relates to those losses. You can notify us via the Wirex Dashboard.
23.2. We shall not be liable for non-execution or defective execution in relation to an Electronic Money Transfer or Wirex Bank Transfer we have made in accordance with a unique identifier given to us by you which proves to be incorrect. However, we shall make reasonable efforts to recover funds involved in that transaction and may charge you for doing so, including passing on to you charges made by intermediary banks and/or the payee’s bank for their assistance in the tracing process.
23.3. We are not liable to you for the correct execution of an Electronic Money Transfer, a Wirex Bank Transfer, an ATM Withdrawal or a Wirex Card Purchase, if we can prove to you (and where relevant, to any payee’s payment services provider) that the payee’s payment services provider received the payment within the appropriate time period. We will however, upon your request, make efforts to trace any non-executed or defectively executed payment transactions and notify you of any outcome involving our search.
23.4. Please note any restriction on your liability in relation to an unauthorised or incorrectly executed payment transactions set out in the Payment Services Regulations 2017 does not apply to losses in relation to Electronic Money Exchanges.
23.5. We are liable to you for the correct transmission of a payment order representing a Top-Up via Default Payment Card within the relevant time limit. Where we are liable, we will immediately re-transmit the payment order in question.
23.6. IN NO EVENT WILL WIREX, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS (IF ANY) BE LIABLE FOR:
23.6.1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION TO LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY TERMS REFERENCED IN THEM, OR THE PERFORMANCE OR OPERATION OF THE WIREX SERVICES;
23.6.2. YOUR ACCESS TO, DISPLAY, USE OF THE WIREX SERVICES, OR FOR ANY DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WIREX SERVICES, THE CONVEYANCE OF ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS OR SERVICES OBTAINED THROUGH THE WIREX SERVICES, OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICES OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.6.3. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION TO LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY CRYPTOCURRENCY CUSTODIAN OR CARD ISSUER.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR TERRITORY.
23.7. We shall not be liable to you for any:
A. delay or failure to perform our obligat
ions under these Terms (including any delay in payment) by reason of any cause beyond our reasonable control including but not limited to any action or inaction by you or any third party, any Force Majeure Event, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of god or any abnormal or unforeseeable circumstances; or
B. consequential or indirect loss (such as loss of profits or opportunity) you may incur as a result of us failing to perform our duties under a Wirex Transaction; or
C. losses as a result of a requirement imposed on us by the Payment Services Regulations 2017 or the Electronic Money Regulations 2011 or our obligations under the laws of any EEA state or other jurisdiction.
23.8. You are responsible for all liabilities, financial or otherwise, incurred by the Wirex Card Issuer, Wirex, a Wirex User, or a third party caused by or arising out of your breach of these Terms, your use of the Wirex Services, and any use of your Wirex Account. You agree to reimburse the Wirex Card Issuer, Wirex, a Wirex User, or a third party for any and all such liability, to the extent not prohibited by applicable law.
23.9. You remain liable under these Terms in respect of:
A. all charges and other amounts incurred through the use of your Wirex Account at any time, irrespective of termination, suspension or closure; and
B. complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Wirex Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. You are liable to the state and other subjects for fulfilment of all tax obligations independently. Wirex shall not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied you.
23.10. You agree to defend, reimburse or compensate us (known in legal terms to “indemnify”) and hold Wirex, our third party providers, our employees or agents who are authorised to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of these Terms, breach of any law and/or use of the Wirex Services.
23.11. Nothing in these Terms shall operate to exclude liability for death or personal injury or for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or amended by law.
23.12. In no event shall Wirex be liable for loss of profits or any special, incidental or consequential damages arising out of these Terms or otherwise in connection with the Wirex Services, howsoever arising.
23.13. We are not liable for any loss you incur resulting from your use of the Wirex Card which shall be the sole responsibility of the Wirex Card Issuer and subject to the Wirex Card Issuer Terms, as applicable.
23.14. To the extent permitted by applicable law, Wirex is not liable, and you agree not to hold it responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
A. your inability to use the Wirex Services for whatever reason;
B. delays or disruptions in the Wirex Services;
C. viruses or other malicious software obtained by accessing the Website or any associated site or service;
D. glitches, bugs, errors, or inaccuracies of any kind in the Wirex Services;
E. the content, actions, or inactions of third parties;
F. a suspension or other action taken with respect to your Wirex Account;
G. your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms or Wirex’s policies;
H. illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data;
24. WITHDRAWING FUNDS
24.1. You may withdraw funds from your Wirex Account either by:
A. entering into an ATM Withdrawal; or
B. entering into a Wirex Bank Transfer and choosing a User Bank Account as the Counterparty Bank Account; or
C. using any other available method on the Wirex Dashboard or otherwise notified to you from time to time.
24.2. Wirex is not responsible for the withdrawal payment once the funds are received by your payment service provider.
24.3. Wirex is the payer and not the payment service provider for withdrawals.
25. CLOSING YOUR ACCOUNT
25.1. Your Wirex Account may be closed upon termination of these Terms in accordance with Clause 30 (Amendments to these Terms) and Clause 32 (Termination). You accept that after your Wirex Account has been closed, Wirex will store personal data about you and your Wirex Transactions for a period of five years.
25.2. If your Wirex Account holds a balance at the time of its closure, we may ask you to withdraw your funds within a reasonable period of time, during which your Wirex Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your Wirex Account but you may withdraw any remaining funds for a period of six years from the date of closure of your Wirex Account by contacting Wirex Customer Services and requesting that the funds be sent to you by returning the funds by either a card refund or bank transfer. When your Wirex Account is closed, any pending instructions will be cancelled.
25.3. You may not close your Wirex Account to evade an investigation. If you attempt to close your Wirex Account while Wirex is conducting an investigation, it may freeze the account to protect all parties to the Wirex Services, its affiliates, or a third party against any liability. You will remain liable for any obligations related to your Wirex Account even after it is closed.
26. NOTICE AND COMMUNICATIONS
26.1. You agree and consent to Wirex sending electronic Communications in connection with the Wirex Services. We will provide Communications to you by making them available on the Wirex Dashboard or by emailing them to you at the primary email address listed in your Wirex Account Profile.
26.2. You should regularly review the Wirex Dashboard, the Website and your primary email address and open and review communications that we deliver to you through those means and it is your responsibility to ensure that you log onto the Wirex Dashboard regularly. You are obligated to review your notices and Wirex Transaction History, and to promptly report any questions, apparent errors, or unauthorised Wirex Transactions. Failure to contact us in a timely manner may result in loss of funds or important rights.
26.3. We may contact you from time to time to notify you of changes or information regarding your Wirex Account. It is your responsibility to ensure you regularly check the Wirex Dashboard and that your contact information stored on your profile in the Wirex Dashboard is up to date. You may contact us in accordance with these Terms via the the Wirex Dashboard.
27.3. Wirex reserves the right to transmit the Information or personal data about you as well as activity you undertake through your Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated.
27.4. By providing Wirex with a telephone number (including a mobile telephone number), you agree to receive autodialled and pre-recorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at Wirex Account opening, adding a telephone number to your profile on your Wirex Dashboard at a later time, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number, for service-related matters. We will not share your phone number with non-affiliated third parties for their purposes without your consent and we will never market, advertise, or solicit you using autodialling or pre-recorded messages, but we may share your phone numbers with the Wirex Card Issuer, our affiliates or with other service providers, such as billing or collections companies, who may contact you using autodialled or pre-recorded message calls or text messages.
27.5. You understand and agree that Wirex may, without further notice or warning and in our discretion, monitor or record the telephone conversations you or anyone acting on your behalf has with Wirex or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Wirex may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Wirex, and Wirex does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
27.6. You agree that we can use your Information in connection with your Wirex Account, to enable us to review, develop and improve our products and services. This may involve providing your Information to our partners, affiliates, agents, distributors and suppliers to process Wirex Transactions and for their statistical research and analytical purposes. We may also disclose your Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
27.7. You understand and agree that we may collect information about how you and other Wirex Users interact with the Wirex Services. We may access the address book on your device and store names and contact information to facilitate social interactions through the Wirex Services and for other purposes. We collect transaction details related to your use of the Wirex Services, including the type of service requested, date and time the service was provided, amount charged and other related transaction details. We may collect information about your mobile device, including for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information and mobile network information. You agree that we may use the information that we collect to facilitate interactions with the Wirex Services, including sharing certain non-sensitive information about you with other Wirex Users.
28. INTELLECTUAL PROPERTY
28.1. The Wirex Dashboard and the Website and all Intellectual Property Rights contained therein, including but not limited to any content, are the property of or licenced by Wirex. You may not copy, imitate, or use any Intellectual Property found on the Website or any website linked from it without our prior written consent.
28.2. Nothing in these Terms grants you or any other person or entity any legal rights in the Wirex Dashboard and/or the Website, other than as necessary to enable you to access the Wirex Dashboard. You agree not to adjust or try to circumvent or delete any notices contained on the Wirex Dashboard (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Wirex Dashboard.
29. REQUESTING INFORMATION
29.1. You may request, at any time during the extent of these Terms, a copy of these Terms and any of the information set out in the Schedule 4 of the Payment Services Regulations 2017.
30. CUSTOMER SUPPORT AND COMPLAINTS
30.1. We take all complaints seriously. Any complaints about us or the services we provide should be addressed to Wirex Customer Support at email@example.com.
30.2. Wirex Customer Support will send you a final response to your complaint within 2 weeks of your complaint having being made. Should this not be possible, we will contact you.
30.3. If after having received our final response you are still unhappy or not satisfied, you may, if your complaint falls with the Financial Ombudsman’s Jurisdiction, be able to take your complaint to the Financial Ombudsman Service (FOS) details of which are available at: www.financial-ombudsman.org.uk/faq/complain.html. You can also call the FOS on 0300 123 9123 or write to: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR.
30.4. Any complaints about the Wirex Card Issuer should be made directly to the Wirex Card Issuer.
31. AMENDMENTS TO THESE TERMS
31.1. Wirex may unilaterally amend these Terms, such amendment(s) effective immediately upon notifying you of such amendment(s), either via the Website or Wirex App. These changes will be deemed to have been accepted by you where you continue your use of the Wirex Services.
32. NO WARRANTY
32.1. The Wirex Services are provided on an “as is,” “as available” basis and without any representation or warranty, whether express, implied or statutory. Wirex, and the officers, directors, agents, joint venturers, employees and suppliers of Wirex, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the Wirex Services used on or accessed through the Wirex Services, or for any breach of security associated with the transmission of sensitive information through the Wirex Services.
32.2. Wirex gives no warranty or guarantee as to the fitness for purpose of the Wirex Services for your needs.
32.3. Wirex does not warrant that the Wirex Services will be uninterrupted or error free. Wirex shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Wirex Transactions or the Wirex Services.
32.4. Wirex does not have any control over the products or services that are paid for using the Wirex Services.
32.5. Wirex is not responsible for the quality, performance, or any consequential results of the products and/or services purchased using the Wirex Services.
33.1. Wirex may terminate these Terms for any reason in Wirex’s sole discretion upon giving you 30 days’ notice.
33.2. Either Party may, in its sole discretion, terminate these Terms with immediate effect at any time without prejudice to any rights that have accrued under these Terms, or any party’s other rights or remedies if:
A. the other party commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
B. the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms;
C. the other party is subject to a bankruptcy, insolvency, winding up or other similar event; and/or
D. the result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from these Terms.
33.3. Without prejudice to any rights that have accrued under these Terms or any of the party’s rights or remedies, Wirex may at any time terminate these Terms with immediate effect by giving written notice to you if:
A. we are unable to verify your information in the manner set out in these Terms;
B. you die;
C. we have reason to believe that your use of the Wirex Services: damages, corrupts, degrades, destroys and/or otherwise adversely affects the Wirex Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you;
D. there is a significant fluctuation (either positive or negative) in the aggregate number of Wirex Transactions you enter into;
E. you have acted or omitted to act in any way which we reasonably determine to diminish our or the Wirex Card Issuer’s business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or
F. we are unable to provide the Wirex Services to you through the inability of any third party to provide us with any good and/or service that we require to provide the Wirex Services to you.
33.4. If you have breached these Terms (including a breach of your obligation to pay us any amount owing), we are otherwise entitled to terminate these Terms, or we may: suspend your use of the Wirex Services (in whole or in part) in which case we will not treat any order for a Wirex Transaction that you may wish to make as being received by us; report any Wirex Transaction or any other relevant information about you and your use of the Wirex Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or if appropriate, seek damages from you.
33.5. Termination of these Terms requires the closing of your Wirex Account in accordance with Clause 32 and the termination of all Wirex Cards and the associated Wirex Card Issuer Terms. Wirex will, in conjunction with the Wirex Card Issuer, deal with your remaining balance in accordance with these Terms and the Wirex Card Issuer Terms.
33.6. Any terms which by their nature should survive, will survive the termination of these Terms.
34. REFUNDS OF BALANCES
34.1. Unless we are prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency, in terminating your account we may do any of the following at our sole discretion:
A. transfer the funds back to the source; or
B. convert your account balance to Bitcoins at our then-prevailing rate, subject to applicable fees and as soon as practicable give you 48 hours’ notice that we intend to deactivate your account, requesting that you provide us with an alternative bitcoin wallet address to which we can transfer your bitcoin within that period (the “Redemption Period”);
34.2. Where you fail to provide Wirex with details of an alternative Bitcoin wallet address within the Redemption Period, you will be required to contact the Wirex Support team at firstname.lastname@example.org to commence a redemption request.
34.3. Notwithstanding the foregoing or any other provision contained in these Terms, Wirex reserves the right not to refund your account balance, whether in whole or in part, if we believe that you have not acted in accordance with these Terms or that you have acted unlawfully, or where we are prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.
35.1. In order to use other functions of the Wirex Services, you may be requested to accept other terms and conditions, either with Wirex or with a third party.
35.2. These Terms shall be governed by the laws of England & Wales and any claim or dispute under these Terms shall be subject to the exclusive jurisdiction of the Courts of England & Wales. For the avoidance of doubt these Terms do not include any alternative dispute resolution procedures as a means of disputing or issuing any claims in relation to these Terms.
35.3. These Terms do not intend to confer any benefit on any third party and no third party shall have the right to enforce these Terms or any Wirex Transactions under the Contract (Rights of Third Parties) Act 1999 or otherwise.
35.4. The Electronic Money in your Wirex Account belongs to the person or legal entity which is registered as the Wirex Account-holder. We recognise only the rights of the holder of the Wirex Account. You cannot assign or transfer legal ownership of the Wirex Account to anyone.
35.5. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your Wirex Transactions, or for collecting, reporting or remitting any taxes arising from any Wirex Transactions. In certain circumstances, we may need to comply with foreign tax laws where you use your Wirex Card abroad. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Wirex Services, including without limitation, the reporting and payment of any taxes arising in connection with Wirex Transactions made through the Wirex Services.
35.6. If we fail to enforce any of our rights under the Terms, or applicable laws, it shall not be deemed to constitute a waiver of such right.
35.7. You may not transfer or assign or sell any rights or obligations you have under these Terms or otherwise grant any third party a legal or equitable interest over your Wirex Account without Wirex’s prior written consent. Wirex reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
35.8. We may comply with any subpoena, levy, or other legal process which we believe to be valid. We may notify you of such process electronically, by phone, or in writing.
35.9. Both the Wirex Card Issuer and Wirex have the right to change any of its third-party service providers, including without limitation the Card Processor, with or without notice.
35.10. Wirex reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any provider content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms.
35.11. 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.
35.12. We do not provide advice and contract on an execution only basis. We may provide information to you from time to time, for example via the Wirex Dashboard or the Website, but we will not and do not provide advice to you either upon the merits of a proposed Transaction or upon any other matter. Before entering into any Wirex Transaction you must make your and their own independent assessment as to whether it is appropriate to enter into a Wirex Transaction based upon your own judgment and upon such advice from such advisers as you consider necessary. It is an express term of every Wirex Transaction which you enter into with us that you are not relying upon any communication (written or oral) made by us as constituting advice about or a recommendation to enter into such Wirex Transaction. Foreign currency exchange rates are subject to fluctuations outside our control. Past movements or trends in the movement of foreign currency exchange rates should not be taken as an indicator of future movements in such exchange rates.
35.13. Clause, Schedule and paragraph headings shall not affect the interpretation of these Terms.
35.14. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
35.15. The Schedules form part of these Terms and shall have effect as if set out in full in the body of these Terms. Any reference to these Terms includes the Schedules.
35.16. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
35.17. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to the other genders.
35.18. These Terms shall be binding on, and enure to the benefit of, the parties to these Terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
35.19. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
35.20. A reference to writing or written includes email, notifications made via the Website and the Wirex Dashboard.
35.21. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
35.22. These Terms shall be concluded and interpreted in the English language. If these Terms are translated into another language, it is for reference purposes only. All communications between the parties shall be in the English language.
35.23. Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
35.24. A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to these Terms or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these Terms) from time to time.
35.25. References to Clauses and Schedules are to the Clauses and Schedules of these Terms and references to paragraphs are to paragraphs of the relevant Schedule.
35.26. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
35.27. Supplements to these Terms are an integral part of these Terms, under which you and Wirex agree on usage of specific services as defined in the Supplements.
35.28. The definitions set out in Schedule 1 apply to these Terms.
SCHEDULE 1 — DEFINITIONS
“ATM Withdrawal” means using your Wirex Card and Card PIN to obtain cash from an ATM.
“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
“Card Issuer” means a bank or other financial services entity licensed by a card scheme to issue Wirex branded Cards and manage the associated funds across the Visa network.
“Card PIN” means personal identification number, which is associated with your Wirex Card and allows you to enter into Wirex Card Transactions.
“Card Processor” means a third-party payment network card processor.
“Communications” means information provided relating to your Wirex Account or any Wirex Transaction, including: any agreements and policies you agree to, (e.g., these Terms) including updates to these agreements or policies; disclosures and notices, including prospectuses and reports for transaction receipts or confirmations; Wirex Account statements and history; and payments authorizations and transaction receipts or confirmations; documents; and any other information related to your Wirex Account or the Wirex Services.
“Counterparty” means the person you wish to send Electronic Money or money to.
“Counterparty Bank Account” means the bank account of the Counterparty.
“Cryptocurrency Custodian” has the meaning ascribed to it, as applicable, in paragraph 4.5 of Wirex’s Cryptocurrency-specific Terms, available HERE;
“Default Payment Card” means the credit card, debit card, or other payment card, which you register for use on the Wirex Dashboard and which will be used by Wirex to receive funds against which we will issue Electronic Money to your Wirex Account or for other purposes under these Terms.
“Direct Debit” means an arrangement between you and your bank or building society that authorises us to Top Up.
“Direct Debit Claim” means a claim for a refund in relation to the Direct Debit Guarantee Scheme.
“Direct Debit Guarantee Scheme” means, the guarantee scheme offered by Direct Debit which protects you against payments made in error or fraudulently. If an error is made in the payment of your Direct Debit by Wirex or your bank or building society you are entitled to an immediate refund of the amount paid from your bank or building society.
“Electronic Money” means electronically stored value, either in Supported Fiat Currencies, or in Supported Cryptocurrencies.
“Electronic Money Exchange” means using Electronic Money in one currency to purchase Electronic Money in another currency using our Exchange Rates.
“Electronic Money Transfer” means (a) us sending Electronic Money into your Wirex Account or from your Wirex Account to the Wirex Account of a different Wirex User; or (b) us sending Cryptocurrency into your Wirex Account or from your Wirex Account to a third party, who may be a Wirex User.
“Exchange Rate” has the meaning set out in Clause 15 and the Fees Section;
“FCA” means the Financial Conduct Authority of the United Kingdom whose address is 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom; further information on the FCA can be obtained on the FCA’s website at www.fca.org.uk.
“Fees Section” means the the fees we charge in relation to the Wirex Services which can be found HERE.
“Force Majeure Event” means an event which is beyond the reasonable control of an affected party including without limitation acts or restraints of government(s) or public authorities, war, revolution, strikes or other industrial action, fire, flood, natural disaster, explosion, terrorist action, the suspension or limitation of trading by any execution venue, or any breakdown, failure, defective performance or malfunction of any telecommunications settlement or other equipment or systems, whether belonging to Wirex or a third party.
“Group Member” means any entity under the direct or indirect control of Wirex. For the purposes of this definition, an entity is under the ‘control’ of Wirex where Wirex either directly or indirectly owns 50% or more of the voting right in such entity or directly or indirectly has the power to direct or cause the direction of the management and policies of such entity, whether by contract or otherwise.
“Information” means any confidential and/or personally identifiable information or other information, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.
“Intellectual Property Rights” means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). For the avoidance of doubt, Wirex’s intellectual property includes “Wirexapp.com,” and “Wirex” and all logos related to the Wirex Services, as well as all page headers, graphics, button icons, scripts and service marks.
“Mobile” means your smartphone or other electronic device on which you have downloaded the Wirex App.
“Mobile PIN” means your personal identification number which is entered onto the Wirex App to gain access to the Wirex Dashboard.
“Restricted Countries” means those countries that do not appear on the Website, within a Wirex Account and/ or on the Wirex Dashboard for the purpose of using the Wirex Services.
“Supplement(s)” means the terms between Wirex and you for the provision of separate services by Wirex or one of its partners to you in accordance to those terms. Supplemental terms can be found HERE.
“Supported Cryptocurrencies” means the cryptocurrencies supported by the Wirex Dashboard, in accordance with our General Cryptocurrency Terms, available HERE.
“Supported Fiat Currencies” means Euros, Pounds Sterling, Singapore Dollars and any other currencies as Wirex in its discretion may provide access to from time to time.
“Territory” means the legal jurisdiction from which you access the Wirex Dashboard and the Website and/ or from or to which you perform Wirex Transactions.
“Third Party Bank Transfer” means a payment from a person which is not you to one of our bank accounts, the details of which we shall provide to you, as part of the process of requesting a Top-Up.
“Top-Up” means you or a third party sending money to us in return for us issuing Electronic Money to your Wirex Account as further described in Clause 8.
“User”, “you” or “your” means you being the business that has agreed to these Terms to use the Wirex Services.
“User Bank Account” means a bank account belonging to you.
“User Bank Transfer” means a transfer from a User Bank Account, performed by the User’s payment service provider, to one of our bank accounts, the details of which we shall provide to you or your bank, as part of the process of requesting a Top-Up.
“Virtual Wirex Cards” means the virtual non-tangible cards that allow you to enter into Wirex Card Purchases.
“Website” means www.wirexapp.com and all subordinate and linked pages thereto.
“Wirex” “we,” “us,” or “our” means Wirex Limited, the details of which are set out in Clause 1.1.
“Wirex Account” means an account with us in which Electronic Money is held.
“Wirex Account-holder” means the person registered with Wirex as the holder of a Wirex Account.
“Wirex Account Profile” means your profile, accessible on the Wirex Dashboard where you can view, among other things, your details, your price plan and your verification limits.
“Wirex App” means the Wirex Application accessible through your Mobile where you can obtain access to your Wirex Dashboard.
“Wirex App Terms” means the terms and conditions governing your use of the Wirex App which can be found on the Wirex App.
“Wirex Bank Transfer” means us redeeming Electronic Money in your Wirex Account and transferring the equivalent amount of money to the Counterparty Bank Account.
“Wirex Card” means both the physical plastic Wirex Card and Virtual Wirex Card.
“Wirex Card Issuer” means one of the entities set out in Clause 1.5.
“Wirex Card Purchase” means using your Wirex Card to purchase goods and/or services from a merchant by entering the details of your Wirex Card and/or your Card PIN.
“Wirex’s Card Terms” means the terms between you and Wirex governing your use of your Wirex Card in respect of Wirex.
“Wirex Card Transactions” means either an ATM Withdrawal or Wirex Card Purchase.
“Wirex Dashboard” has the meaning set out in Clause 5.
“Wirex Dashboard Transactions” means either an Electronic Money Exchange or an Electronic Money Transfer “Wirex Services” means you being given access to the Wirex Dashboard via the Wirex App and being able to enter into Wirex Dashboard Transactions, you being issued with a Wirex Card and being able to enter into Wirex Card Transactions and the management of your Wirex Account and any other services provided by Wirex to you from time to time.
“Wirex Transactions” means both Wirex Dashboard Transactions and Wirex Card Transactions.
“Wirex Transaction History” means the list of Wirex Transactions you have entered into, which is available on the Wirex Dashboard.
“Wirex Transaction Limits” means the limits Wirex imposes on the Wirex Transactions you can enter into, the details of which will be set out on the Wirex Dashboard.
“Wirex User” means another user of Wirex other than you.