These Terms and Conditions are entered into by and between you and the relevant Wirex Group Member with which your Account is held (referred to herein as “Wirex”) and govern your use of the Wirex Payment Card. By ordering a Wirex Payment Card you agree to be bound by these Terms and Conditions and you should therefore read these Terms and Conditions carefully. If you have any questions in respect of anything set out in these Terms and Conditions please contact firstname.lastname@example.org.
1. Definitions and Construction
Account – means the corresponding Wirex account consisting of one or more of Currency Wallets which together comprise your Usable Balance;
Applicable Law – means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms and Conditions), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority whether in the Territory or outside;
Appointed Processor – means a a third party appointed by Wirex for the purposes of collecting and using KYC Information.
ATM – means an automated teller machine that accepts the Card for cash withdrawals and balance enquiries.
Automated Currency Transfer – means the automatic transfer of funds from one Currency Wallet, to another Currency Wallet with insufficient funds so as to allow a transaction to be completed.
Card – means the Wirex physical payment card issued and available to you for your use, upon activation and subject to You verifying Your Account.
Card Issuer – means in the UK and Europe, Contis Financial Services Limited, of Navigation House, Belmont Wharf, Skipton, North Yorkshire, BD23 1RL, who is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (registered number 900025) as an e-money issuer.
Card Issuer Terms means the terms available HERE.
Card Replacement Fee – means the fee shown for the same in Clause 5.7.2 of these Terms and Conditions.
Conversion Rate – means the applicable exchange rate as determined by Wirex from time to time and set out in the Fees Section.
Currency Wallet – means a part of your Account that holds funds in a particular Supported Currency in your Account.
Customer Support – means our our online support function which can be contacted on email@example.com.
Default Wallet – means the Currency Wallet linked to your physical Wirex Card from which you are making a transaction or debit.
Fees Section – means the schedule of fees and charges in respect of your Account, which can be found HERE.
Force Majeure Event – means any cause beyond the control of a party including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, terrorist acts, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems.
KYC – means “know-your-client”.
KYC Information – means your personal identification information, documentation and other evidence as Wirex may request from you from time to time in respect of your Account and/ or Card.
Negative Balance – means a Usable Balance that is below zero.
Payment Processor means the third party used by Wirex to process the funding of your Wirex Account.
PIN – means the personal identification number You use to enable your Card to undertake physical transactions involving your Card, and/or ATM withdrawals.
Prohibited Articles – 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 or money orders, (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; or (13) any automated fuel dispenser transactions.
Prohibited Countries – means any of the Democratic People’s Republic of Korea, Democratic Republic of Congo, Eritrea, Libya, Myanmar, Somalia, South Sudan, Sudan, Yemen, Iran, Cuba, Syria, North Korea, or any other country which (or with any other persons who) is sanctioned by the United Nations Security Council, or under Applicable Laws in the Territory.
Supported Currency – means the currencies supported by the Currency Wallets in your Wirex Account, as notified to you from time to time on the Wirex Dashboard.
Territory means the country of domicile of the relevant Wirex Group Member with which your Account is held.
Unsupported Currency – means a currency other than a Supported Currency.
Usable Balance – means the total monetary value available to you in your Account for transactions using the Card, being the total value of all Currency Wallet(s) less any applicable tolerance limits and Fees, which apply to Your transactions.
Verification – means the process of verifying your Account through the submission of requested documents as indicated in the Wirex Website and/ or Wirex app.
We, us, or our – means Wirex.
Wirex Dashboard – means the Website or Wirex app that you log on to, to access the secure elements of your Account.
You or Your – means the natural person named on the Account entering into these Terms and Conditions.
In these Terms and Conditions, unless the context otherwise requires:
(a) a reference to this Terms and Conditions or to these Terms and Conditions is a reference to these Terms and Conditions as may be varied, amended, supplemented, and/ or replaced from time to time;
(b) words in the singular include the plural and vice versa;
2.1 Any capitalised terms used in these Terms but which are not defined in these Terms and Conditions are defined in Wirex’s General Terms of Service.
2.2 These Terms should be read in conjunction with:
A. The relevant Wirex Card Issuer Terms, available HERE;
B. Wirex’s Supplemental Terms as Wirex may notify to you from time to time via notifications on the Website or in-App;
C. Wirex’s Cryptocurrency-specific Terms, available HERE;
D. Wirex’s General Terms of Service, available HERE
E. Wirex’s Privacy, Data Use and Retention Policy, available HERE.
2.3 Where there is any conflict between any provisions contained in the terms referenced at Clause 2.2 (A) to (E) above, the following order of priority shall be applied; for the avoidance of doubt the first mentioned taking precedence over those subsequently following:
A. Wirex’s Privacy, Data Use and Retention Policy;
B. The relevant Wirex Card Issuer Terms;
C. Wirex’s Supplemental Terms as are notified to you;
D. Wirex’s Cryptocurrency-specific Terms;
E. These Terms;
F. Wirex’s Fee Section;
G. Wirex’s General Terms of Service.
2.4 Your Wirex Card is issued by Contis Financial Services Limited (the “Wirex Card Issuer”), and is subject to the Card Issuer Terms referenced at Clause 2.2(A) (“Wirex Card Issuer Terms”), which you agree to and accept in ordering using the Wirex Card.
2.5 The Wirex Card Issuer Terms which govern your use of your Wirex Card are separate and independent from these Terms.
We shall be entitled at our sole discretion, to (i) refuse your application or, having accepted your application to register or accepted you through our Verification process, terminate your use of the Card and/ or Your Account if you fail to fulfil any one of the following criteria, and/or (ii) change the eligibility criteria for registration at any time. By signing up for a Card and the corresponding Account, you represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you are eligible to register for and use the Card and the corresponding Account in accordance with the Verification process;
(c) you have the full right, power, and legal authority to enter into this Agreement; and
(d) you are not impersonating any other person, operating under an alias or otherwise concealing your identity.
2.7 Signing up, KYC and Personal Data
2.7.1 To complete the Verification process an to receive your Card, you acknowledge and agree that Wirex and/ or Wirex’s Appointed Processor shall be entitled to undertake identification, credit, anti-money laundering, counter terrorism financing, KYC and other necessary checks and screenings required to comply with Wirex’s internal compliance policies and Applicable Laws, at any time we or our Appointed Processor deems necessary in our or their sole discretion.
2.7.2 You agree to assist Wirex and its Appointed Processor in these checks by supplying us or our Appointed Processor, as directed, with the applicable KYC information request from time to time. You shall submit all requested KYC Information promptly to Wirex as we or or our Appointed Processor may require.
2.7.3 You acknowledge that Wirex and our Appointed Processor is authorised to collect your personal data and to conduct such checks and screenings as described in these Terms and Conditions on Wirex’s behalf.
2.7.4 You represent and warrant that you have the power and authority to provide all KYC Information which you submit to us.
2.7.5 We reserve the right to refuse to load any Account or Card, and may suspend or terminate your use of the Card if (a) you fail to submit satisfactory KYC Information to be determined at Wirex’s discretion; or (b) you submit inaccurate or incomplete KYC Information; or (c) we are unable to verify your identity based on the KYC Information you submit or (d) at any time we suspect that you are using your Account for any purpose which is prohibited under these Terms and Conditions.
2.8 Personal Data
For information on the Personal Data that Wirex collects and uses in respect of your Account and your use of the Card, please see our Privacy, Data Use and Retention Policy.
2.9 Change of personal details
You represent and warrant that all the information you provide to us (including all KYC Information) is true, accurate and complete. Should you become aware of any inaccuracies, or change your contact information or any other personal details (for example your address telephone number or your email address), you must notify us promptly by logging onto your Wirex Dashboard or by contacting Customer Support. We will not be responsible if you do not receive any notice or correspondence that has been sent in accordance with these Terms and Conditions as a result of our reliance on any incorrect, incomplete or obsolete personal details which you have previously submitted and failed to update. In addition, if you do not provide us with accurate and complete information, we and/or the Card Issuer may not be able to provide you with the products or services requested under these Terms and Conditions.
2.10 Consents for Collection, Use and Disclosure
Without prejudice to any of the consents provided to us by you in these Terms and Conditions, you hereby irrevocably and unconditionally consent and authorise us to, at any time and at our absolute discretion to collect, use, process and store any and all of your personally identifiable information, credit or financial information provided to us, including your KYC Information; and disclose any and all of your personally identifiable information, credit or financial information, including your KYC Information, to the Card Issuer and/ or other Wirex affiliates, financial institutions, debt collection agencies, credit bureaus, any credit reporting agency, or any other third party service providers of Wirex and/or Card Issuer for all purposes associated with our provision of services under these Terms and Conditions.
2.11 Using Your Card
2.11.1 Please note that your Card is not a credit card and does incorporate or allow any credit facility. Transactions made using the Card will only be successful to the extent your Account holds a sufficient Usable Balance to settle transactions and you will not be able to complete transactions in the event you have a Negative Balance. The Card is a debit card, which will debit the relevant Supported Currency within your Account when used. You can use your Card to complete transactions, which will deplete your Usable Balance, debiting the relevant Supported Currency Account. You will need to activate your Card and load funds onto your Account in accordance with these Terms and Conditions in order to use your Card to make purchases. Subject to any limitations contained in these Terms and specifically those at clause 5.8, once your Card is activated and loaded, you may use your Card to:
(a) purchase goods and services from merchants which accept payment via your Card; and
(b) withdrawal cash from ATMs outside of the Territory which allow withdrawals using your Card.
2.11.2 The Account tied to your Card is also not a savings or checking account and no interest whatsoever shall be due or payable to you in respect of any part of the Usable Balance stored in your Account.
2.11.3 For the avoidance of doubt, Wirex is not a party to any transaction for sale and purchase of goods and services between you and any merchant. The rights and obligations in connection with (a) the sale and provision of goods and services which are the subjects of such transactions, (b) the transaction methods and terms, and (c) performance or non-performance of the transactions (including but not limited to refusal to perform, delay, non- delivery, defects, errors, return or replacement of goods and services, and refund), exist only between you and such merchant, and Wirex has no control over and is not responsible for the delivery, quality, safety, legality, fitness for purpose or any other aspect of goods or services that you purchase with the Card or Account. Wirex cannot and does not guarantee or ensure that the merchant you are dealing with will complete the transaction or that the merchant is authorised to do so.
2.12 Loading your Account
You may load your Account in the Supported Currencies via the Wirex website or Wirex app on from time to time as required. Upon successfully loading or topping up your Account, Wirex will issue you with a notification.
2.12.1 The amount of funds which you may load onto your Account is subject to the load limits outlined in Clause 5.7.
2.13 Your PIN
You must log in to your Wirex Dashboard to activate your Card and follow the instructions online to select your PIN to enable use of your Card. You are at all times responsible for maintaining adequate security and control of your PIN or any other codes that you use to access the services provided under these Terms and Conditions.
Once you have successfully activated your Card, set up your payment PIN, and loaded funds onto your Account, you may use your Card to conduct transactions in accordance with these Terms and Conditions. Your selected PIN must be designated by you and must not be shared or stored with any other person.
Where you believe the security of your PIN has been compromised, please contact Wirex Support on firstname.lastname@example.org and follow the procedures we instruct.
2.14 Protecting your Card, PIN and Password.
2.14.1 Your Card and the corresponding Account shall be for your use only and may only be used after the Card has been activated in accordance with these Terms and Conditions. You are responsible for keeping your PIN and password confidential and secure. You must not:
(a) keep any written record of your PIN or password;
(b) allow another person to see your PIN or password;
(c) keep your PIN or password in a form that can be readily identified as the PIN or password to your Card;
(d) disclose your PIN or password to any other person (including your family members or spouse); or
(e) carry your PIN or password with your Card or store them in your mobile devices.
2.14.2 You must set a password to be able to log into your Wirex Dashboard. Using your Card, go to the Website and set up your access to the Wirex Dashboard.
2.14.3 If you forget your password or believe it may have been compromised, you should contact Customer Support immediately on email@example.com. You may reset your password by logging into your Wirex Dashboard at any time you wish.
2.15 Moving overseas
Should you change your country of residence to a territory outside the Territory after signing up for your Card, you may be prevented from loading funds to your Account. You will however still be able to (a) use any positive Usable Balance remaining in your Account to conduct transactions or cash withdrawals in accordance with these Terms and Conditions until the expiry date stated on your applicable Card or until your Usable Balance is fully utilised, whichever is occurs first; or (b) obtain a refund of your Usable Balance.
2.16 Contacting Customer Support
Unless otherwise stated in these Terms and Conditions, should you have any request, issue, or any complaint regarding the Card, you may contact Customer Support any day from Monday to Sunday by email to firstname.lastname@example.org.
You agree that Wirex and/or the Card Issuer may (i) monitor and/or record any conversations you have with our Customer Support officers; and (ii) use such recordings or electronic transcripts from such recordings for quality assurance and training purposes or as evidence in any dispute or anticipated dispute.
Should you urgently need to disable or block any transaction or ATM withdrawal undertaken using your Card, you may access your Wirex Dashboard.
3. Multi Currency Wallets
3.1 You may load supported Currency Wallets in your Account with the applicable Supported Currency. Where you provide funds in an Unsupported Currency, the Payment Processor may first convert such sums of Unsupported Currency into an equivalent amount in your selected Supported Currency (at the applicable prevailing exchange rate). Funds transferred between your Currency Wallets will also be subject to the prevailing Conversion Rate.
4. Using your Account
4.1 Locations of Use
4.1.1 Only you, the cardholder, is authorised to use your Card and the associated Account. You can use your Card to access the Usable Balance on your Account to purchase goods and services from Visa-supported merchants worldwide, who accept the Card. However, where a merchants or financial institutions does not accept payment via your Card or Account, Wirex shall not be liable in such cases. You may also use your Card to withdraw Usable Balance on your Account at any ATM which accepts your Card. Your Card and its corresponding Account may only be used to make any transactions or withdrawals if it has a positive Usable Balance. We will not under normal circumstances authorize transactions for a transaction or withdrawal amount which is larger than your Usable Balance. Where such transactions are processed, you shall be liable to us for any resulting Negative Balance plus any applicable fees, along with any costs incurred by us or any other relevant third party in recovering or attempting to recover from you the amount of Negative Balance that you owe. Where we permit a Negative Balance to be incurred, it shall not be deemed to set any precedent for subsequent occasions.
4.1.2 Each time you make a transaction or withdrawal, your Account will be debited immediately by the amount of such transaction or withdrawal, plus any applicable fee and any other amount that we may deduct from your Account under these Terms and Conditions. The Usable Balance on your Account will be reduced accordingly.
4.2 Fees and Charge
4.2.1 All fees and charges that relate to the use of your Card and Account are detailed in the Fees Section. All applicable fees and charges (unless otherwise specified) will be deducted from your Usable Balance.
4.2.2 Unless otherwise specified in these Terms and Conditions, all Account fees and charges as listed will be deducted from your Default Wallet in the first instance. Where your Default Wallet contains insufficient funds to complete such deductions, to satisfy the payment of such Account fees and charges, the transaction may be declined.
4.3 International ATM Withdrawal Fees
4.3.1 Notwithstanding anything contained in clauses 4.2.1 or 4.2.2, fees in respect of international ATM withdrawals made using your Card will be deducted in the manner set out below:
(a) For ATM withdrawals in a Supported Currency, the international ATM withdrawal fee will be deducted from the Currency Wallet containing such Supported Currency.
(b) For ATM withdrawal in an Unsupported Currency, the international ATM withdrawal fee amount will be deducted from your Default Wallet in the relevant currency contained in your Default Wallet.
4.3.2 Please note that: (i) some ATM operators may impose an operator fee which will be charged in addition to the total transaction amount (along with Wirex’s imposed fees) and be deducted from your Usable Balance and (ii) not all ATM operators advise you of their ATM operator fees before you withdraw money.
5. Managing your Account
5.1 Balance enquiry
5.1.1 Your available balance is visible in your Currency Wallets in your Account when you log in to your Wirex Dashboard, or by contacting Customer Support.
5.1.2 You can also check your balance through an ATM. Note that where you have more than one Currency Wallet an ATM balance enquiry will show the aggregate Usable Balance of all funds in your Currency Wallets, displayed in the local currency of the ATM.
5.1.3 Please note that some ATM operators may charge a fee for ATM balance enquiries, which will be deducted from your Usable Balance. Please also refer to the Fees Section for relevant charges in respect of balance enquiries on your Account through an ATM.
5.2 Transferring funds between Currency Wallets.
You may transfer funds loaded onto your Account from one Currency Wallet to another Currency Wallet on your own accord.
5.3 About Currency Transactions.
5.3.1 Supported Currency Transactions: When you withdraw money from an ATM, make a purchase, or where an ATM operator charges you an ATM Operator Fee, in each case in a Supported Currency that you have loaded on your Account, the transaction amount including any fees payable will be deducted from the relevant Currency Wallet holding such Supported Currency. Where you have insufficient funds in that Currency Wallet, the transaction will not be successful.
5.3.2 A transaction cannot be funded from multiple Currency Wallets. Automated Currency Transfer is not currently supported by the Wirex Website or Wirex app.
5.3.3 Unsupported Currency Transactions: When you withdraw money from an ATM, make a purchase, or where an ATM operator charges you an ATM operator fee, in each case in an Unsupported Currency, funds from your Default Wallet will be debited and converted to the Unsupported Currency at the applicable conversion rate. If your Default Wallet has no funds, or insufficient funds, then the transaction will be unsuccessful.
5.4 Errors and transaction disputes
5.4.1 You should retain all vouchers and transaction records, transaction advices and receipts issued by merchants and ATMs, and check all transactions details and entries by reviewing your transaction records and history (which may be accessed on your Wirex Dashboard or via Customer Support) on a regular basis. We accept no responsibility for your failure to regularly review, reconcile and verify the correctness of your transaction history and details nor your failure to promptly report to us any discrepancy, errors, omissions or unauthorised transactions in relation thereto.
5.4.2 Details in the entries of your transaction history reflected on your Wirex Dashboard are presumed to be true and correct unless you notify us in writing of any disputes or inaccuracies thereon within two (2) weeks from the time of transaction.
Disputes relating to errors
5.4.3 If you believe an accounting error has occurred with regard to the Usable Balance in your Account, or your transaction history, you must notify and report such errors to us as soon as possible, in any case within two (2) weeks from the date of the disputed transaction by contacting our Customer Support team.
5.4.4 You are required to provide your proof of transaction along with as much relevant information surrounding such disputed transaction as possible. Once we have received that information, we will investigate such errors and acknowledge receipt of the same in writing within five (5) business days. Where we do not acknowledge receipt, it shall be deemed that we have not received the information.
5.4.5 Unless you have not complied with our request for information or there are exceptional circumstances impeding our investigations (in which case we will write to you to let you know), we will complete the transaction investigations (in most cases) within forty five (45) business days of acknowledging the receipt of the information from you and notify you of the outcome. Any decision made by Wirex in the resolution of such dispute shall also be final and in the sole discretion of Wirex.
5.4.6 If we determine any transaction error or dispute to be attributable to our fault or the fault of our services providers (including the Card Issuer), we will take steps to rectify such errors and make the appropriate refunds to your Card and/or Account where necessary. However, if on reasonable grounds we decide that any such errors of defaults are not attributable whether directly or indirectly to us, the Card Issuer or our service providers, we will notify you of our decision in writing and shall not be obliged to take any further action. Unless a transaction or recording error is due directly to our fault, we shall have no liability to you.
Disputes regarding non-delivery or unauthorised transactions
5.4.7 Please note that you cannot stop or reverse a payment on any transaction after it has been authorised or completed. Where you would like to receive a refund after conducting a transaction you should contact the relevant merchant directly with your request. Where a merchant decides to process your request for a refund, it must issue a valid refund voucher to Wirex in order for Wirex to make a refund to you. Wirex can only credit your Account with the refund after we have received such voucher from the merchant.
5.4.8 Any dispute you have with a merchant over good or services procured using your Card or Account must be addressed directly to the merchant from whom such goods or services were provided.
5.4.9 We may (but are not obliged), in our sole and absolute discretion, file a formal dispute with a merchant on your behalf over a transaction for which you believe you are entitled for a refund, or is otherwise unauthorised, provided that you duly comply with our requests for information (including provision of proof of transaction) and make available to us all relevant documentation. Provided that the dispute is resolved by the merchant in your favour, in accordance with the rules of the applicable card network, we as the issuer of the Card will credit your Account with the disputed amount.
5.5 Refunds and/ or Reversals
Any refunds, payment rebates or reversals made by a merchant to you in connection with a transaction previously made in a Supported Currency, will be credited to your Currency Wallet holding that particular Supported Currency. If at the time during or after the rebate, refund or payment reversal is processed, you no longer have the applicable Currency Wallet and you already have the maximum number of Currency Wallets allowed, we will return the equivalent amount to your Default Wallet after applying the Conversion Rate applicable at the time of the rebate, refund or reversal. Rebates, refunds or reversals made in an Unsupported Currency will be converted at the applicable conversion rate to USD and returned to your Default Wallet. We will also refund any currency conversion fee charged on your original transaction, and we will not charge another currency conversion fee on the refunded amount. Note that amounts returned for Unsupported Currencies and currency conversion fees may differ from the amount deducted from your Account at the time of the original transaction due to exchange rate fluctuations.
5.6 Limitations on use of your Account:
5.6.1 When using your Card with certain merchants (such as hotels and car rentals), the merchant may obtain an authorisation or approval to debit your Account for an amount up to 20% more than the anticipated total bill to cover additional items such as incidentals or to ensure adequate funds are available. The entire amount of the authorisation or approval will not be deducted from your Usable Balance until the authorisation or approval is confirmed. Only the amount actually spent or authorised will be finally deducted from your Usable Balance after the authorisation or approval is confirmed.
5.6.2 You may not use your Card or Account for the following purposes:
(a) making purchases from merchants who do not accept the Card;
(b) engaging in any transactions:
(i) which violate any Applicable Laws;
(ii) involve Prohibited Articles;
(iii) in, or with any persons in any Prohibited Country
(iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; or
(v) are part of or connected to a money transfer mechanism to transfer funds to a third party which does not relate to an underlying transaction of goods and services.
5.7 Transaction, load limits and Fees Section
To see the latest applicable load limits and schedule of applicable fees click HERE.
You may request a new Card or replace an old or faulty Card at any time by:
(i) contacting Customer Support;
(ii)making a Card request via the Wirex Dashboard, or
Card replacements are subject to the Card Replacement Fee.
6. Expiry, Closing, Termination and Balance Return
6.1 Card Expiry
6.1.1 Upon activation and until the expiry date shown on your Card, your Card may be used to access your Account for the purpose of making purchases and withdrawals at ATMs. You may close your Account at any time prior to your Card expiration by contacting Customer Support.
6.1.2 Your Card cannot be used at merchants or ATMs after the expiry date. Should we be unable to contact you based on our records of your contact information six (6) months or more after the expiry date of your Card, you acknowledge and agree that we may hold your Usable Balance in accordance with Applicable Laws. Your Usable Balance will be held in your Default Wallet, with amounts in any other Currency Wallets converted at the then applicable Conversion Rate.
6.2 Closing your Account
At your option, you may choose to close your Account and obtain a refund of your Usable Balance. Upon closure of your Account, you may be asked to destroy or return the Card to us. The Card linked to your Account will nevertheless be automatically cancelled by us.
6.3 Termination of these Terms and Conditions
6.3.1 You acknowledge that we may restrict, withhold or suspend the use of your Account and/or Card or terminate these Terms and Conditions immediately, without prior notice under any of the following circumstances:
(a) your use of the Card and/or Account has, or we reasonably believe it has, breached any Applicable Laws or these Terms and Conditions;
(b) we suspect any illegal or unauthorised use of your Account or Card;
(c) you gave us, or we reasonably suspect that you have given to us false or inaccurate information (including KYC Information);
(d) (in the case of a suspension) where necessary for relocating, replacing, maintaining, updating or repairing the software or hardware facilities of Wirex or the Card Issuer;
(e) where the Card and Account functions cannot be operated normally by Wirex or Card Issuer due to a Force Majeure Event, or due to acts or omissions of third parties (including service providers of Wirex and/or Card Issuer) which are not otherwise caused (whether directly or indirectly) by Wirex and/or Card Issuer;
(f) we believe that your Account has been or is likely to be misused or compromised;
(g) where the continued use of your Account or the Card may cause Wirex or Card Issuer to be in breach of any Applicable Laws (including, without limitation, laws relating to anti-money laundering and combating the financing of terrorism);
(h) you no longer satisfy the eligibility requirements set out in Clause 2.1; or
(i) we reasonably believe that your Card, Account, PIN, or Wirex Dashboard is being used in a way that may cause, whether directly or indirectly, losses to you or us.
Without limiting the foregoing, in the event of a suspension of your use of your Card and the corresponding Account, you agree that we may hold your Usable Balance pending the outcome of any investigations in connection with the provision of our services, and that we may also disclose information relating to your breach or suspected breach to such law enforcement or other authorities as we may deem necessary. You acknowledge that our decision to take certain actions, including termination and limiting access to your Card and/or Account, may be based on confidential criteria that is essential to our management of risk, the security of all our customers and the integrity of our system. You agree that we are under no obligation to disclose the details of our risk management or security procedures to you.
6.3.2 Without prejudice to Clause 6.3.1 above, you agree that we may close your Account and terminate these Terms and Conditions without reason by giving you at least thirty (30) days’ prior notice.
6.3.3 You may also terminate your Card (and the Account) by giving us notice thereof in writing sent via email to our Customer Support team or by requesting for such termination via the Wirex Dashboard. Upon termination of your Card, you must (where possible) cut the relevant Card in half through the chip and magnetic stripe and cease all usage of the Card. You will pay such fees as we may from time to time specify with respect to such termination.
6.3.4 Where we exercise our right of termination under Clause 6.3.1, you will be entitled to a refund of any Usable Balance on your Account in accordance with these Terms and Conditions. The User agrees that Clauses 4.2, 5.5, 5.6, 5.8, 6, 7, 8 and 9, as well as any other terms which by their nature should survive, shall survive the termination of these Terms and Conditions.
6.4 Return of Usable Balance
If you would like to obtain a complete refund of the total amount of Usable Balance left in your Account at any time, please contact Customer Support.
7. Unauthorised Transactions
7.1 Unauthorised Card use, loss and/ or theft.
To block and/ or suspend your Account you must promptly notify us via Customer Support or log on to your Wirex Dashboard if you believe any of the following has occurred:
(a) your Account is hacked, misused or compromised;
(b) any of your Cards is lost or stolen;
(c) any of your Cards is damaged or not working properly;
(d) any of your Cards is retained by an ATM; or
(e) the security of your PIN or password are compromised in any way.
Upon our receipt of your notification of any of the events above, we will suspend your Card and/or Account and prevent any further transactions from being made using your lost, stolen or compromised Card and/or Account, until appropriate measures are taken to replace your Card and/or restore security to your Account.
You will not be liable for any unauthorised transactions made using your Card or Account after we have been notified of the loss/theft or compromise of your Card or Account in accordance with this clause after you have blocked the use of the Card or Account (as applicable). However, you shall be liable for all transactions carried out before we are notified of such loss/theft or before you block the use of your Card or Account, even if such transactions were carried out without your authorisation.
8. Indemnities and Limitations of Liability
You shall fully indemnify and hold Wirex, Card Issuer, and each of their respective officers, directors, employees, partners and agents (“Indemnitees”) harmless from and against any and all damages, awards, expenses, losses, claims, actions, liabilities, penalties, costs and/or demands (including statutory liability and liability to third parties, economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis), suffered or incurred by any of the Indemnitees arising whether directly or indirectly from your:
(a) act, omission, negligence, wilful default, mistake, misconduct, dishonesty or fraud (including any theft or loss of your Card and/or Account, or any fraud or misuse in relation thereto);
(b) breach of these Terms and Conditions;
(c) breach of any Applicable Laws, or any contractual or fiduciary obligations;
(d) access and use of the Wirex Dashboard, your Card and/or Account (or any access and use referable to your PIN and passwords);
(e) payment and/or ATM cash withdrawal instructions, and/or our acting in good faith and taking or refusing to take action based thereon; and
(f) violation of any rights of any person or entity.
8.2 No warranty
Your Card(s), the corresponding Accounts, and the Wirex Dashboard are provided to you “as is”, “as available”, without warranty of any kind, whether express or implied (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description, non-infringement, or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed). Without limiting the foregoing, we do not warrant:
(a) that the our services provided to you under these Terms and Conditions will be error-free, virus-free or free from other invasive or damaging code, or that defects therein will be corrected;
(b) that the operation of the our services (any information transmitted by you thereby) will be uninterrupted, continuous, or secure;
(c) that any information we provide to you on the Wirex Dashboard will be correct, accurate, complete, reliable or fit for purpose; and/or
(d) that the use of your Card(s), the corresponding Accounts and/or that the Wirex Dashboard will not give rise to any liability at law or under contract.
8.3 Wirex’s liability
8.3.1 To the maximum extent permitted by law, Wirex, Card Issuer and its Indemnitees expressly disclaim and exclude any and all INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE loss or damage (including loss of business, revenue, profits, use of data, or other economic benefits) which may be suffered by you (or any person claiming under or through you) in connection with or however arising from the your access or use of the Wirex Dashboard, your Card and the corresponding Account, whether or not (a) the same arises in contract, tort (including negligence) howsoever; (b) such loss or damage is foreseeable and/or (c) Wirex, Card Issuer and its Indemnitees have received prior notification of the possibility thereof.
8.3.2 To the maximum extent permitted by law, Wirex hereby disclaims all liability to you in connection with or arising from your use of or inability to use your Card(s), the corresponding Accounts and/or the Wirex Dashboard, which are incurred as a result or in connection with any of the following:
(a) failed, missed, delayed, or fraudulent transactions, payment transmission errors, or any other issues related to payment or the processing, loading and/or transfer of money between you and the Card Issuer as the loading channel;
(b) the Card Issuer’s failure to convey any notice, instructions or communications to us or other third parties on your behalf, accurately, in a timely manner or at all;
(c) any unauthorised access to, disclosure of, wrongful or fraudulent use of your Card(s), Account, Wirex Dashboard, personal data, PIN and password to the extent not attributable to any acts or omissions on part of Wirex;
(d) any error, negligence, wilful default, misconduct, fraud, act, omission, breach or failure of, or contravention of Applicable Laws by, any other party (including you and the Card Issuer);
(e) for any claim that arises from our acting reasonably in accordance with your instructions;
(f) for any loss suffered by you or any third party due to matters outside our control (including, but not limited to, non-delivery of mail, machine failure, system failure, strikes, failure of an ATM or communication linkage failure);
(g) for any losses which arise where you have acted negligently or have acted fraudulently, either alone or together with any other person(s); or
(h) any losses incurred by you as a result of your breach of Applicable Laws or these Terms and Conditions.
8.3.3 In the event that Wirex is liable for damages despite the foregoing provisions, you agree that (a) no action, whatever its form, may be brought by you more than two (2) months after the date of the first event giving rise to your claim, and (ii) that our maximum aggregate liability to you under any and all causes of action (including contract and tort), shall not exceed USD 1,000 (for the avoidance of doubt, this does not affect your rights to claim for a return of Usable Balance under Clause 6.4).
If any provision of these Terms and Conditions is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Your rights and obligations under these Terms and Conditions are personal to you and you shall not transfer, assign, novate or sub-contract them to any third party without our prior written consent. We reserve the right to transfer, assign, novate, sub-contract or otherwise deal with any of our rights or obligations under these Terms at any time, and you hereby give consent to, and shall do all things necessary to facilitate such transfer, assignment, novation or dealing by us.
Failure or neglect by us to enforce at any time any of the provisions in these Terms and Conditions shall not be construed or deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these Terms or prejudice our right to take subsequent action.
9.4 Force Majeure
We shall not be liable for any failure or delay in the performance of our obligations under these Terms and Conditions, or any unavailability thereof that is due, in whole or in part, directly or indirectly to any Force Majeure events which is beyond our reasonable control.
9.5 Compliance with Laws
You shall comply with all Applicable Laws relating to the use of the Card(s), the corresponding Accounts and the Wirex Dashboard.
9.6 Third Party Rights
Save for the Indemnitees, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
We may amend, supplement or replace these Terms and Conditions, including any fees and charges associated with the use of your Card and/or Account, from time to time by giving you reasonable prior notice in the manner set forth in Clause 9.8 below. We will also publish such amendments or changes to these Terms and Conditions on the Website and your Wirex Dashboard. The amended Terms and Conditions shall come into force on the day such Terms and Conditions are posted on the Website and Wirex Dashboard. Any use of your Card and/or the corresponding Account thereafter by you shall constitute an acceptance of the revised Terms and Conditions. If you do not agree with these Terms and Conditions, you should immediately terminate your Account.
9.8 Notice or Communications
Subject to any Applicable Laws, you agree that we or our agents may provide written notices or other communications to you under or in connection with these Terms and Conditions in any of the following methods, and such notice will be deemed received by you as specified below:
(a) by post to your residential or postal address last known to us: 2 business days after our date of posting;
(b) by hand: on delivery;
(c) by electronic communication to your last email address: on the day such email is transmitted if no notice of delivery failure is received;
(d) by electronic communication via posting on your Wirex Dashboard for retrieval by you (with the email or text message advising you of this and of the general nature of the information, and giving you the ability to readily retrieve the information electronically): within 24 hours from our posting of such electronic communication.
In addition to the communications channels set out in these Terms and Conditions, we and our agents may give you a notice or other communication by using any method allowed or required under Applicable Laws. If Applicable Laws require us or our agents to use a particular method of communication or providing notice, such method will be used.
9.9 Entire Agreement
These Terms and Conditions set forth the entire understanding between you and us with respect to the subject matter hereof and supersedes all proposals or other communications, oral or written, relating to this subject matter.
9.10 Dispute Resolution
Wirex’s goal is to learn about and address your concerns arising from and in connection with our issued Card(s) and the corresponding Accounts, and should we be unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. If you would like to raise any complaint or dispute our services, such dispute may be reported to Customer Support..
- Governing Law
These Terms and Conditions shall be governed in all respects by the laws of the Territory. You irrevocably agree to submit to the exclusive jurisdiction of the courts of the Territory for the purpose of litigating all such claims or disputes under these Terms and Conditions and related to your Account and/ or Card.