Entropay Terms and Conditions

Last modified: Sixth of March 2014 (06/03/2014 - UK date format)

IMPORTANT INFORMATION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING YOUR ACCOUNT. YOUR USE OF YOUR ACCOUNT SHALL BE TAKEN AS YOUR AGREEMENT TO TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT INCLUDING THE FEES.

1. THIS AGREEMENT, DEFINITIONS & INTERPRETATION

  • Account: a non-deposit non-interest bearing account associated with a Card or Cards and maintained for the purpose of enabling Transactions branded by Us as "Entropay";

  • Account Closure Fee: a fee for redemption where specified in the Fees and Limits Sheet;

  • Additional Card: any additional Card which is issued to a person for use with the Account any time after the successful registration of the Account;

  • Agreement: this agreement as amended from time to time;

  • Authorised: confirmation from the Issuer that (in relation to a given Transaction) the card or Account is valid and the correct Security Information has been used;

  • Available Balance: the value at any time of unspent, uncommitted and unredeemed Electronic Money credited to the Account and/or Cards and available to pay for Transactions and Fees;

  • Business Day: Monday to Friday, 0900hrs to 1700hrs CET, excluding bank and public holidays in London and Malta;

  • Card: a prepaid card, Including a Virtual Card issued by an Issuer and licensed by a Card Scheme which Entropay is able to administer and process through the Entropay System;

  • Card Schemes: Visa Europe, Visa Inc, MasterCard Worldwide, UK Maestro, Solo and/or International Maestro, JCB and/or such other schemes governing the issue and use of Cards, as approved and notified by Us in writing from time to time (and "Card Scheme" shall be construed accordingly);

  • Electronic Money: has the meaning ascribed to it in the EMD;

  • EMD: the Electronic Money Directive 2009 (Directive 2009/110/EC) of the European Commission enacted into law in the United Kingdom through the Electronic Money Regulations 2011;

  • Fees: any fee payable by the You in relation to Your use of the Account and/or Cards the current values for which are as specified the Fees and Limits Sheet;

  • Fees and Limits Sheet: the website page containing details of the then current values for the Fees and Limits which is available at https://www.entropay.com/prici... ;

  • Issuer: a financial institution authorised by the appropriate Regulatory Authority to issue Electronic Money in accordance with the local jurisdiction's regulations adopting the EMD, and which is a member of a relevant Card Scheme and licenced to issuer its branded cards and with which Entropay has a relationship enabling it to make Electronic Money available to fund Cards and Accounts;

  • Entropay Service: hosting the Entropay System for access by customers, enabling Electronic Money to be credited to Cards and Accounts by Issuers in accordance with the Load Instructions managing the processing of Transaction data and managing payments to the Card Schemes;

  • Entropay System: the Entropay software system created by Entropay for the issue of Cards and management of Cards and Accounts;

  • KYC: Know Your Customer requirements for knowledge of and information on customers of regulated entities or for regulated activities;

  • Limitation Period: means the period of 6 years following termination of this agreement (whether by notice in accordance with clause 11, Account Expiry or any other reason in accordance with this agreement);

  • Limits: the maximums and other limitations concerning Load amounts, frequency of Loads and other matters effecting the use of Your Account and Cards that We may specify from time to time, the current values for which can be found in the Fees and Limits Sheet;

  • Load: the crediting of value to an Account or Card;

  • Load Instruction: an instruction from You to perform a Load;

  • Merchant: a retailer or any other person that accepts Card payments for its goods or services;

  • Payment Services: all payment and electronic money services available to You enabling Your use of the Account and/or Card including the issuing of Electronic Money by the Issuer;

  • Redemption: the payment to You by the Issuer of any Available Balance whether at Your request or on termination of the Entropay Service;

  • Regulations: all laws, statutes, statutory instruments, acts, regulations, orders and directives, and all orders, regulations and rules issued there under, as amended from time to time all codes of practice and guidance issued by government agencies, self-regulatory bodies and trade associations (whether or not having the force of law) including the Financial Conduct Authority (FCA) and the Card Schemes or any other relevant trade or industry body applicable to the conduct of the Payment Services and/or the Entropay Services or in connection with any rights and obligations under this Agreement;

  • Regulatory Authority: the Financial Conduct Authority, any Card Scheme and any governmental or other body having jurisdiction over either party or any aspect of this agreement;

  • Security Information: any personal identification number ("PIN"), password, code or other information necessary to enable the use of an Account or Card;

  • Services: the Payment Services and the Entropay Services;

  • Trade Marks: "Entropay" and such other marks used by Entropay in relation to the Entropay Services;

  • Transaction: the payment for goods or services or the transfer of value by use of a Card including (if such service is enabled) a cash withdrawal made from an ATM or bank;

  • Virtual Card: a non-physical pre-paid electronic payment card, the use of which is limited to on-line purchases or on the phone or mail order;

  • We, Us or Our: Entropay as supplier of the Entropay Service and the Issuer as issuer of the Electronic Money;

  • You: the person or entity which has applied for the Account and been accepted by Us as a customer.

Please copy or download a copy of this agreement for Your records.

We may update or amend these terms and conditions (including the Fees and Limits Sheet) by giving You not less than 2 months' written notice in advance. Notice will be given on Our website. We shall take Your continued use of the Services after the expiry of the 2 month notice period as Your acceptance of such changes as have been notified. If you do not wish to be bound by such changes You must stop using the Services immediately in accordance with Our cancellation process (see clause 9).

2. YOUR CARD AND ACCOUNT

  1. Your Card and the Electronic Money for Loads are issued by and the Payment Services are provided by an Issuer which is partnered with Us and in accordance with the terms of that Issuer's regulatory authorisation. The Issuer is also a member of the relevant Card Schemes and licenced to issue Cards carrying the Card Scheme brands. Details of the Issuers with which Entropay partners are available on request.

  2. Entropay provides the Entropay Services.

  3. These terms and conditions govern the relationship between Us and You for the provision of the Services. This Agreement also contains important information that may affect Your rights and your ability to recover the money you have paid in exchange for Electronic Money.

  4. By using Your Account, You shall be deemed to have accepted and fully understood the terms and conditions set out in this agreement and You agree to comply with them in Your use of the Account and Cards.

  5. Your Card is not a credit or debit card.

  6. Cards will not be issued unless We have been provided with such information as We may require enabling Us to identify You and comply with all applicable KYC and anti-money laundering requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements.

  7. You may make Load Instructions subject to the Limits. We reserve the right to vary the Limits at any time and to decline any Load at any time.

  8. Reference to a currency (e.g. Euros € or Sterling £) shall mean that amount or the local currency equivalent in which Your Card is denominated.

  9. The Available Balance on Your Account or Cards will not earn any interest.

  10. You must ensure that You have sufficient Available Balance to pay for each Transaction that you make using Your Account or Cards (including value added tax and any other taxes, charges and fees that are applicable including the Fees). If for any reason a Transaction is processed and the Transaction amount exceeds the Available Balance, You must repay Us the amount of such excess immediately and We shall be entitled to stop any existing or subsequent Transactions from proceeding until this has been done.

  11. This Agreement does not give You any rights against any Card Scheme, its affiliates or any third party.

  12. We may from time to time specify an age limit under which age persons shall not be entitled to be registered for an Account and Cards. If You allow access to Your Account of Cards to a person for whom You are legally responsible who is under such age You shall be responsible for any Transactions initiated by such persons. Some Merchants may not permit Transactions by persons under a certain age.

  13. The Services and Your use of Your Account and Cards is personal to You and You shall not (other to any authorised Additional Cardholder) make their use available to anyone else nor try to sell or transfer to anyone else the ability to use them.

  14. Your Account and Cards can be managed online at https://secure2.entropay.com/consumer/.

3. USE OF YOUR ACCOUNT AND CARDS

  1. Transactions may be restricted by Card type, individual usage patterns and payment risk profiles. For anti-money laundering and anti-fraud reasons We reserve Our rights to change particular payment restrictions (including from those in the Fees and Limits Sheet) without notice and to the extent required to meet Regulations.

  2. You can use Your Account and Cards up to the amount of the Available Balance for Transactions at Merchants of the relevant Card Scheme. If the Available Balance is insufficient to pay for a Transaction, some Merchants will not permit You to combine use of an Account or Cards with other payment methods.

  3. If You have applied for and been granted a physical Card associated with Your Account it can (subject to the Issuer's terms) be used to make cash withdrawals from ATMs and banks who agree to provide this service (subject to any maximum set by the relevant ATM operator or bank).

  4. The value of each Transaction and the amount of any Fees will be deducted from the Available Balance. We will not send You a paper statement regarding Your Account and Transactions. You can check Your Available Balance and Transaction history at any time by logging on to Your Account.

  5. In order to protect You and Us from fraud, Merchants (and ATM operators if relevant) will seek Authorisation before processing any Transaction. If they are unable to get an Authorisation, they may not be able to proceed with Your Transaction. Once a Transaction that has been initiated has been Authorised it cannot then be abandoned or withdrawn.

  6. We may refuse to accept any use of the Payment Services or Entropay Services which could breach these terms and conditions or if We have reasonable grounds for suspecting that You or any third party has committed or are planning to commit fraud or any other illegal or un-permitted use of the Payment Services or Entropay Services.

  7. Your ability to use or access the Services may occasionally be interrupted, for example if We need to carry out maintenance on our systems or websites. Please contact Our customer services via Our website ('Customer Services') to notify Us of any problems You are experiencing using Your Card or Account and We will endeavour to resolve any problem.

  8. If enabled, You will have the option to transfer your Available Balance from Your Account or Cards to other Accounts or Cards. If You instruct us to make a transfer from Your Account to another account, the requested amount will be debited from Your Account and credited to the account you have instructed us to transfer your Available Balance to. You may incur an Account Transfer Fee for this transaction.

4. FEES

  1. The Services will incur fees at set out in the Fees and Limits Sheet including a Transaction fee payable in respect of each Transaction, fees for making Loads and cash withdrawal fees payable in respect of cash withdrawals made at ATMs (where relevant).

  2. We reserve the right to amend the Fees at any time on giving not less than 2 months' notice in writing in accordance with the provisions of clause 1.

  3. Your use of Your Account and Cards may also be subject to other applicable fees, rules and regulations such as those of any relevant Merchant, ATM operator or bank. It is your responsibility to check whether any such additional fees apply, as they cannot be refunded once the Transaction has been made.

  4. We shall have the absolute right to set-off, transfer, or apply sums held in Your Account in or towards satisfaction of all or any Fees or other liabilities owed to Us that have not been paid or satisfied when due.

5. CONDITION OF USE FOR CERTAIN MERCHANTS OR CERTAIN TRANSACTIONS

  1. In some circumstances We or the Merchant may require You to have an Available Balance in excess of the Transaction amount (for example, car hire companies may require there to be a greater Available Balance on your Card than the value of their bill to allow for any refuelling charge).

  2. In some circumstances Merchants may require verification that Your Available Balance will cover the Transaction amount and will then initiate a hold to the value of the Transaction on the Available Balance (for example hotel reservations). In the event a Merchant places a 'pre-authorisation' on Your Account, You will not have access to this amount until the Transaction is completed or released by the Merchant which may take up to 30 days.

  3. Some Merchants may not accept payment using Our Accounts or Cards. It is Your responsibility to check with each Merchant what it's policy is. We accept no liability if a Merchant refuses to accept payment using Our Services.

6. MANAGING & PROTECTING YOUR ACCOUNT

  1. You are responsible for Your Account and Cards and any Security Information. Do not share Your Security Information with anyone and keep it safe, and separate from Your Account and Cards or any record You keep of them. This includes:

    • memorising any PIN as soon as you receive it, and destroying the letter or other authorised communication used to transmit it to You;

    • never writing Your Security Information on any physical Card or on anything you usually keep with such Account or Card details;

    • keeping Your Security Information secret at all times, including by not using any PIN if anyone else is watching;

      not disclosing Your Security Information to any person, except that You may disclose it orally to a person authorised in accordance with these terms and conditions to use Your Account or Cards.
  2. The user of the any physical Card must sign the signature strip immediately when received. If the Card permits cash withdrawals, We will provide a PIN for use with the Card. You will need this PIN in order to make cash withdrawals from an ATM or at a bank.

  3. If you forget Your PIN, You should contact Customer Services for a replacement PIN, which will be sent out to you by SMS or email. A fee may be charged.

  4. You will need Your Security Information to perform certain functions in relation to Your Account online such as:

    • changing your registered details;

    • checking the amount of Available Balance;

    • checking Transaction details;

    • requesting an upgrade or Additional Card (when available);

    • changing any Security Information.

  5. Your Card or Account may only be used by You or any authorised Additional Cardholder.

  6. Other than in relation to an authorised Additional Cardholder You must not give any physical Card or access to Your Account or any Virtual Account to any other person. You must keep any physical Card in a safe place.

  7. Failure to comply with the provisions regarding Security Information may affect Your ability to claim any losses should Your Account or Cards be compromised.

  8. If You believe that someone else knows Your Security Information You should contact Us immediately as indicated on Our website.

  9. Once any Account or Card has expired or if You have reported it as lost or stolen You must destroy any physical Cards.

  10. The Issuer is required by law to keep Your funds in segregated and appropriately safeguarded designated account so that in the event that the Issuer becomes insolvent, Your funds should be protected against claims made by any other creditors.

7. YOUR DETAILS

  1. The address You notify to Us on Your registration for Your Account is also the address to which we will send any correspondence unless You notify Us of any change.

  2. You must notify Us immediately of any change in address or Your other contact details. You can notify Us by following the online process on Our website.

  3. You will be liable for any loss that directly results from any failure to notify Us of such change as a result of undue delay, Your negligence or fraud. We may ask to verify Your new address and shall request relevant proof.

  4. We reserve the right, at any time to satisfy Ourselves as to Your identity and home address (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of Your application or at any time in the future, in connection with Your Account, You authorise us to perform electronic identity verification checks directly or using relevant third parties.

8. PROPRIETARY RIGHTS

  1. You acknowledge and agree that We and/or Our licensors own all intellectual property rights in the Entropay Services and the Trade Marks. Except as expressly stated herein, this agreement does not grant You any rights to, or in, patents, copyrights, database right, trade secrets, trade names, Trade Marks (whether registered or unregistered), or any other rights or licences in respect of the Entropay Services.

9. CANCELLING THE SERVICES

  1. If You wish to cancel the Services at any time, You must contact Customer Services online and claim a refund of Your unused funds as specified on Our website. You must e-mail us from the e-mail address You provided when registering Your Account (or such alternative address as You have notified to Us). Customer Services will then suspend all further use of the Services.

  2. Once We have received all the necessary information from You and all Transactions and applicable Fees have been processed, We will refund any Available Balance less any Fees payable to Us, provided that:

    • You have not acted fraudulently or, with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and

    • We are not required to withhold Your Available Balance by law or regulation, or at the request of the police, a court or any Regulatory Authority.

  3. Once the Services have been cancelled, it will be Your responsibility to destroy any physical Card or Cards.

  4. If, following reimbursement of Your Available Balance, any further Transactions are found to have been made or Fees incurred using Your Account or Cards or We receive a reversal of any prior funding transaction, We will notify You of the amount and You must immediately repay to Us such amount on demand as a debt immediately due.

10. EXPIRY, DORMANCY & REDEMPTION

  1. Your Card will have an expiry date printed on it (for physical Cards) or displayed on screen (if a Virtual Card) ('Expiry Date'). The funds on the Card will no longer be usable following the Expiry Date. Your Account will be suspended following the Expiry Date of the last available Card ('Account Expiry').

  2. The Services and this agreement shall terminate on the Account Expiry unless You request the Account to be reactivated and further Cards to be issued within a reasonable period of the Expiry Date (such period to be determined by Us in Our absolute discretion from time to time).

  3. You may not use Your Card(s) after the Expiry Date nor Your Account after the Account Expiry.

Dormant Cards and Account

If no Transaction or Load is made in relation to any Card in Your Account for a period of six months We shall regard that Account as dormant. We may charge a monthly Fee for administering a dormant Account.

If Your Account expires before Your Available Balance is exhausted, You can contact Customer Services to request the Account to be reactivated and a replacement Card or Cards issued, provided that You do so promptly and subject to payment of a fee (where specified).

Notwithstanding any Expiry Date and/or Account Expiry Your funds are available for redemption by contacting Us at any time before the end of the Limitation Period. After the Limitation Period Your funds will no longer be available.

Provided that Your request for redemption is made less than 12 months following the Account Expiry redemption will not incur any Account Closure Fee. In the event that You make a request for redemption either during the continuation of the Services or more than 12 months after the Account Expiry then an Account Closure Fee may be charged (where specified).

We reserve the right to issue You with a replacement for an expired Card even if You have not requested one. If we do so, no Fee will be charged.

11. TERMINATION OR SUSPENSION OF THE SERVICES

  1. We may terminate Your use of the Services or any of them with prior notice of at least 2 months.

  2. Your use of the Services will be terminated following Your Account Expiry.

  3. We may terminate or suspend, for such period as may reasonably be required, Your use of the Services or any of them at any time, without prior notice:

    • in the event of any fault or failure in the data information processing system;

    • if We reasonably believe that You have used or are likely to use the Services or any of them (or allowed them to be used or are likely to) in breach of any provision of this Agreement or to commit any offence;

    • if any Available Balance may be at risk of fraud or misuse;

    • if We suspect that You have provided Us with false or misleading information;

    • by order or recommendation of any relevant governmental or regulatory authority, Issuer or Card Scheme;

    • If We are not satisfied with any anti-money laundering or other investigations We have undertaken or if we suspect fraud;

    • if any of Our suppliers (such as any Issuer) whose services are required in order for Us to provide the Entropay Services ceases to supply its services to Us for any reason.

  4. If any Transactions are found to have been made or charges or fees incurred using Your Account or Cards after any action has been taken by us under clause 11.3 You must immediately repay such amounts to Us.

12. LOSS OR THEFT OF SECURITY INFORMATION OR ANY PHYSICAL CARD

  1. You are responsible for protecting Your Account and Cards.

  2. You should treat Your funds like cash in your wallet and look after it accordingly.

  3. If any physical Card is lost or stolen or if You think someone is using Your Account or Cards without Your permission or if You believe there is any malfunction in the operation of Your Account or Cards You must contact Us as soon as possible and You must provide Us with Your Account and/or Card number and some other identifying details acceptable to Us for security purposes and if We believe it appropriate We will then provide You with a replacement Card or Cards with a corresponding new Account loaded with an amount equivalent to Your last Available Balance.

  4. PROVIDED ALWAYS that You have notified Us of any loss of any physical Card and/or breach of Security Information promptly You will be liable up to a maximum of the first 50 of losses arising from any unauthorised Transactions that take place. If Our investigations show that any disputed Transaction was authorised by You, or You have acted fraudulently or with gross negligence (for example by failing to keep Your Security Information secure), We may reverse any refund made and You may be liable for any loss We suffer. We may also charge You a fee. You will not be held liable for any losses once You have notified Us of loss or theft unless We reasonably determine that You have acted fraudulently, in which case You shall be liable for all losses.

  5. Once We have been notified of any loss or theft, We will suspend the Services as soon as We are able, to limit any further losses.

  6. If You subsequently find or retrieve a physical Card that You have reported lost or stolen, You must immediately destroy it.

  7. You agree to provide such help that We, our agents and any Regulatory Authorities may require in relation to any lost or stolen physical Card or Security Information or unauthorised access to Your Account.

13. FEES & FOREIGN EXCHANGE

  1. The Services will incur fees and charges (as set out in the Fees and Limits Sheet) for which You are responsible. These vary depending on the products You use from time to time and in accordance with Our rights to amend such charges.

  2. We will deduct these fees and charges, any fees relating to Transactions due to Our suppliers, any value added tax, and other taxes, charges and fees due by You to Us from the Available Balance. If there is no Available Balance, or value added tax and other taxes, charges and fees incurred exceed the Available Balance, You must pay us the excess immediately.

  3. If You use the Services for a Transaction in a currency other than the currency in which the Account or Card are denominated, the amount deducted from Your Available Balance will be the amount of the Transaction converted to Your Account or Card currency using a rate set by the relevant Card Scheme on the date the Transaction is processed which rate may be applied without notice. Please refer to the Card Schemes' websites for more information. You may also be charged a foreign exchange fee (please refer to the Fees and Limits Sheet).

14. OUR LIABILITY

  1. Subject to clauses 14.3 and 14.4:

    • no party shall be liable to the others for indirect or consequential loss or damage (including without limitation loss of business, profits or revenues), incurred in connection with this agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;

    • We shall not be liable:

      • if You are unable to use the Services or any of them for any fault or failure beyond our reasonable control;

      • if a Merchant refuses to accept a Transaction or fails to cancel an authorisation or pre-authorisation;

      • for the goods or services that are purchased with Your Account or Card;

      • for any loss, fraud or theft unless it is reported to Us without undue delay;

      • where You have acted fraudulently or with gross negligence.

  2. To the fullest extent permitted by relevant law, and subject to clauses 14.3 and 14.4, our total liability under or arising from this agreement shall be limited as follows:

    • where Your Account or Card is faulty due to Our default, Our liability shall be limited to replacement of the Account and/or Card or, at Our choice, repayment to You of the Available Balance;

    • where sums are incorrectly deducted from Your Available Balance due to Our fault, Our liability shall be limited to payment to You of an equivalent amount; and

    • in all other circumstances of Our default, Our liability will be limited to repayment of the amount of the Available Balance.

  3. Nothing in this agreement shall exclude or limit either party's liability in respect of death or personal injury arising from that party's negligence or fraudulent misrepresentation.

  4. We shall not be liable for, or be considered in breach of this agreement on account of, any delay or failure to perform as required by this agreement as a result of any causes or conditions which are beyond Our reasonable control and which We are unable to overcome by the exercise of reasonable diligence.

  5. Funds to be used for Loads are held by the Issuer in accordance with the terms specified by its Regulatory Authority. Entropay shall not be liable to You for any default of the Issuer with regard to its proper management of those funds.

15. REFUNDS FOR TRANSACTIONS

  1. A Transaction shall be considered to be unauthorised if You have not given Your consent for the Transaction to be made. If You believe that a Transaction has been made without Your consent You should contact Us in accordance with the directions on Our website.

  2. A Transaction shall be considered to be unauthorised if You have not given Your consent for the Transaction to be made. If You believe that a Transaction has been made without Your consent You should contact Us in accordance with the directions on Our website.

  3. If you are not satisfied with the outcome of Your claim for a refund or the justification provided for refusing the refund You may submit a complaint to Us in accordance with Our online complaints policy or contact the complaints authority as described on the website of the Issuer.

16. PAYMENT CHARGES & RE-IMBURSEMENT OF COSTS

  1. Where any request, Transaction, disputed Transaction, arbitration or reversed Transaction involves third party costs You remain liable for these and they will be deducted from Your Account or otherwise charged to You.

  2. We may charge You an administration Fee in certain circumstances including:

    • in the event that You make any payment to Us that is subsequently reversed due to inadequate account information or inadequate KYC documentation;

    • in the event of a request for arbitration of a disputed Transaction;

    • to cover Our costs and expenses in providing You with manual support on Your Account (e.g. a request for legal, police, court or other judicial support).

  3. We may charge You a Fee where a receiving bank declines receipt of a payment following a request to transfer Your funds.

17. DISPUTES

  1. We take complaints very seriously and value the opportunity they provide to assist Us with reviewing the way We do business and helping us meet our customers' expectations. Our primary aim is to provide customers with easy access to Customer Services who receive record, investigate and respond to complaints as quickly and effectively as possible.

  2. If You are unhappy about any aspect of the Services please contact Us as indicated in Our online complaints policy.

  3. Our Issuers are authorised by their relevant Regulatory Authority and complaints relating to the Payment Services may be subject to the oversight of such authorities. Please see their websites for details.

18. PERSONAL DATA

  1. We are the data controller for Your personal data and will process personal data given to Us in connection with Your Card and Account in order to provide You with the Services.

  2. We may check Your personal data with other organisations, and obtain further information about You in order to verify Your identity and comply with applicable money laundering and governmental regulations. A record of Our enquiries will be left on Your file. In accordance with our Privacy Policy and applicable legislation, We may provide personal data supplied by You to certain named third parties (including data processors) for the purpose of performing Our obligations and exercising Our rights under this agreement, including third parties located outside the European Union where different data protection standards may apply. We may also disclose Your personal data as required by law or any competent authority.

  3. We may use Your personal data for marketing purposes and for market research purposes, in accordance with applicable legislation and our Privacy Policy. You confirm that You have seen our Privacy Policy document and acknowledge and agree to its provisions.

  4. By agreeing to these terms and conditions, You acknowledge and agree to Our processing of Your personal data in this way.

19. WAIVER

  1. A waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

  2. Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

20. SEVERANCE

  1. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

  2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

21. ENTIRE AGREEMENT

  1. This agreement, and any documents referred to in it, constitute the whole agreement between You and Us and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

  2. You and We acknowledges and agrees that in entering into this agreement neither relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.

22. ASSIGNMENT

  1. You shall not, without Our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under this agreement.

  2. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of Our rights or obligations under this agreement.

23. NO PARTNERSHIP OR AGENCY

  1. Nothing in this agreement is intended to or shall operate to create a partnership between You and Us, or authorise either You or Us to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

24. THIRD PARTY RIGHTS

  1. This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

25. NOTICES

  1. We shall contact regarding any matter relating to the Services using the email, phone number and/or postal address You provide to Us. It is Your responsibility to ensure that You keep Us informed of Your up to date contact details.

26. GOVERNING LAW AND JURISDICTION

  1. This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England.

  2. You and We irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

This agreement has been entered into on the date that Your application for an Account is accepted by Us.