MEXC ESTONIA OÜ with PAYTEND EUROPE UAB (“Paytend”) as CO-BRANDER
Definition and Interpretations
Unless otherwise mentioned:
“CO-BRANDER” means MEXC Estonia OÜ (otherwise referred to as MEXC Estonia), a Private Limited Company registered in Estonia with Commercial Registration 14832615 and whose principal place of business is Harju County, Tallinn, Kristiine District, Keemia Tn 4, 10616, who are responsible for marketing the Account Services to Applicants and the provision of CO-BRANDER Services to Account Holders.
“Account” means an account created and maintained to reflect Transactions and any Account Service Charges that may apply.
“Account Holder” means the individual to whom the Account Services are provided.
“Account Services” means the On-Boarding and Compliance Checking of the Account Holder and the provision of User Credentials, Accounts, and Cards linked to Accounts.
“Account Service Charges” means any charges payable by an Account Holder to Paytend and/or CO-BRANDER in respect to Account Services and/or CO-BRANDER Services as notified from time to time in the Account Service Charges Schedule. For the avoidance of doubt Paytend and the CO-BRANDER reserves the right to modify Account Service Charges and or levy any additional fees and charges in respect of the Account Services as and when it may seem fit.
“Account Service Charges Schedule” means the schedule of Account Service Charges
attached to these Terms and Conditions or as most recently published by Paytend and made
available via CO-BRANDER Services.
“Affiliate” means an Affiliate or Affiliates of the CO-BRANDER which enable Account Holder to access CO-BRANDER Service.
“Applicable Law” means the laws of the Republic of Estonia, as may be from time to time , enacted, amended or re-enacted.
“Applicant” means an individual that has been introduced to Paytend by CO-BRANDER and has applied for Account Services and that is subject to the On-Boarding and Compliance Checking process prior to approval and acceptance as an Account Holder.
“ATM” means an electronic device that enables cash withdrawals to be made and other banking transactions to be executed electronically.
“Billing Currency” means the currency of the Account and Card that a Transaction is applied to and that may not be the same currency as the Transaction itself as described in 3.3 herein.
“CO-BRANDER Wallet’ means the nonsegregated value storage mechanism provided to the Account Holder by the CO-BRANDER and/or its Affiliate where cryptocurrencies or other digital assets are stored and from which the value of Transactions will be settled.
“Card” means any Physical Card, Virtual Card, mobile telephone, contactless enabled device
or other hardware or software device that accesses and performs Transactions against an
“Card Association” means (i) VISA International, Inc., (ii) MasterCard International
Incorporated, (iii) any other card-sponsoring organisation or association that contracts with
financial institutions to switch and/or settle transactions effected with Cards by the Account
Holder, and (iv) any successor organisation or association to any of the foregoing
organisations or associations.
“Chargeback” means the reversal of a Transaction which is disputed by the Account Holder.
“Client Consent” means the process of collecting consent from Applicants to capture, process and share Personal Information between CO-BRANDER, its Affiliate and Paytend during provision of the Account Services.
“CO-BRANDER Services” means the functions of CO-BRANDER that have overall
responsibility for the provision of services to Account Holders including a mobile application,
Website, and those via [insert webpage link]
“Complaint” means an expression of dissatisfaction either verbally or in writing and should be submitted directly by the Account Holder or by someone who is authorized to act on the
Account Holder’s behalf.
“Force Majeure” means an event beyond the reasonable control of a party, which affects its ability to perform its obligations and which is not occasioned or caused by its negligence. For the purpose of these Terms and Conditions, Force Majeure includes (but is not restricted to) acts of God, expropriation or confiscation of property, governmental and judicial action not the fault of the party failing or delaying in performance, or the threat of any of the foregoing,pandemics, any form of war, hostilities, armed rebellion, terrorism, local or national emergency, sabotage, floods, fires, explosions or other catastrophes.
“Paytend” means Paytend Europe UAB, a company registered in the Republic of Lithuania with Commercial Registration [insert registration number] and [insert license information] whose principal place of business is at [insert paytend address; who are responsible for the provision of technology and platform that is used to create and administer Accounts and Cards.
“Merchant” means any ATM or any physical or electronic establishment (including stores, restaurants, hotels, airlines, transportation providers, mobile applications, websites and any other commercial or non-commercial payment beneficiaries), wherever located, which accept Transactions on Cards.
“On-Boarding and Compliance Checking” means the process undertaken by Paytend on Applicants prior to approval as Account Holders and provision of the Account and routinely thereafter. On-Boarding and Compliance Checking comprises obtaining Client Consent, the capture of Personal Information, data and identification and other documents from the Applicant and the validation of such records against internal and external sources of information to satisfy regulatory requirements including Know Your Customer (KYC), Anti-Money Laundering (AML), Counter Financing of Terrorism (CFT) and Politically Exposed Persons (PEP) and Foreign Account Tax Compliance and Common Reporting Standard (FATCA/CRS), as applicable.
“Personal Information” means any and all information (to that extent that such information relates to an identified or identifiable natural person) requested and collected by CO-BRANDER and/or Paytend from Applicants after Client Consent and during On-Boarding and Compliance Checking and all other data including but not limited to details of Transactions and the utilization of Account Services and CO-BRANDER Services by Account Holders.
“PIN” means the unique personal identification number allocated to the Account Holder to enable the Account Holder to authenticate Transactions using a Card.
“Service Channel” means the channels provided by CO-BRANDER, its Affiliate and or Paytend where Applicants may apply for Accounts and submit to the On-Boarding process, and where Account Holders may view Prepaid Cards, PINs and Account and Transaction data, or where Account Holders obtain other types of Services as described under this Agreement.
“Transaction” means any purchase, cash withdrawal, transfer, or other financial transaction, which is affected by the Account Holder via the CO-BRANDER Services or at a Merchant or Service Channel through use of the Account Services in accordance with these Terms and
“User Credentials” means usernames, passwords, personal identification number (PIN) and one-time-passwords (“OTPs”) provided by Paytend and/or CO-BRANDER to the Account Holder as a part of the Account Services to enable the Account Holder to access the CO-BRANDER Services.
a) The titles or headings of the Sections in these Terms and Conditions have been included solely for ease of reference and shall not be considered in the interpretation or construction.
b) The singular includes the plural, and vice versa, and words denoting persons include bodies corporate and, unless otherwise stated, include successors or assigns of such persons.
c) Where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have corresponding meanings.
d) References to monetary amounts are in EUR or the equivalent value in EUR of any other
billing currency, unless otherwise stated.
- The Account Services
2.1. Usage of Account Services
a) Approval and registration of an Account Holder and commencement of Account Service is subject to the Applicant providing Client Consent and all Personal Information and identification and other documents that Paytend or CO-BRANDER may, at their absolute discretion, request during On -Boarding and Compliance Checking.
b) Approval and registration of Applicants and provision and usage of Account Services by Account Holders is at the sole discretion of Paytend and CO-BRANDER and Paytend or CO-BRANDER may refuse to provide or withdraw Account Services to any Applicant or Account Holder at any time without assigning any reason for such refusal or withdrawal.
2.2. Funding of Transactions and Transaction limits
a) The maximum individual Transaction amount and periodical cumulative Transactions amount shall not exceed the limits stipulated by Paytend or CO-BRANDER from time to time.
b) The value of cryptocurrency or other digital asset calculated by the CO-BRANDER or its affiliates as required to cover the amount of each Transaction shall be debited from the CO-BRANDER Wallet, or in the case of refunds shall be credited to the CO-BRANDER Wallet.
c) During Transaction processing the Transaction amount in fiat currency shall be converted subject to the prevailing rates of exchange between United States Dollars and the cryptocurrencies or other digital assets supported by CO-BRANDER Wallet, such prevailing rates of exchange shall be published by the CO-BRANDER or its affiliates via the Service Channels at all times.
d) Cash withdrawals Transactions performed at ATMs and Merchants may be subject to additional processing, fees, or rates of foreign exchange that are not under the control of Paytend or CO-BRANDER. Paytend or CO-BRANDER are not and shall not be held responsible or liable for the acceptance or cost of such Transactions which shall be the sole responsibility and liability of the Account Holder.
2.3. Ownership of the Account Services
The Account Services and Cards shall remain the property of Paytend at all times and the Account Holder shall be obliged on first demand to follow all instructions of Paytend or CO-BRANDER including where applicable to surrender Cards and User Credentials to Paytend or CO-BRANDER or a Service Channel, destroy PINs, and cease to use the Account Services.
2.4. Safeguarding the Account Services
2.4.1.Usage of the Account Services is extended to the Account Holder at the Account Holder’s sole risk and responsibility. The Account Holder must keep the Card and User Credentials separately, and safe and secure and is advised not to make any written or other record of the User Credentials.
2.4.2.Usage of CO-BRANDER Services is extended to the Account Holder at the Account Holder’s sole risk and responsibility. The safekeeping and security of any and all User Credentials supplied by CO-BRANDER Services to the Account Holder is at the Account Holder’s sole risk and responsibility, and the Account Holder is advised not to make any written or other record of such User Credentials.
- Use and Availability of the Account Services
3.1. Cards and other channels supported by CO-BRANDER Services enable the Account Holder to access value stored in the CO-BRANDER Wallet and perform Transactions. For the sake of clarity, it is informed that the Account Services are not bank account, debit card or credit card account and the Account Holder will not be entitled to receive any interest on value stored therein, no cheque books or other payment instruments will be issued to the Account Holder, and the Account Holder shall not be entitled to perform Transactions that exceed the balance of the value stored in the CO-BRANDER Wallet.
3.2. Usage of the Account Services is personal to the Account Holder and the Account Holder shall be responsible for all Transactions and Account Service Charges.
3.3. Transactions made by the Account Holder shall be debited from the value stored in the CO-BRANDER Wallet according to the process described in 2.2 herein. Fees described in the Account Service Charges Schedule shall be charged and added to the amount of the Transaction prior to or at the time of debit from the CO-BRANDER Wallet.
3.4. Transactions performed by the Account Holder including but not limited to Transactions via e-commerce websites and mobile applications shall be at the Account Holder’s sole risk and liability; neither Paytend nor CO-BRANDER and its Affiliate shall be liable for any damage, liability, claims or disputes arising from use of the Account Services by the Account Holder. For the avoidance of doubt the only recourse that the Account Holder has to Paytend and or CO-BRANDER and its Affiliate under any circumstances is via the Disputed Transaction and Chargeback process described in paragraph 5.2 herein.
3.5. The Account Holder agrees to not use the Account Services for any illegal Transactions or purposes as may be defined from time to time by any Card Association regulations, international authorities, the Laws of the Republic of Estonia, and that of the European Union.
3.6. The Account Holder acknowledges that under certain circumstances the Account Services may be temporarily unavailable and that usage of the Account Services and or Transactions may be declined even when there is sufficient value stored in the CO-BRANDER Wallet and that neither Paytend nor CO-BRANDER and its Affiliate shall be liable for any damage, liability, claims or disputes arising from such circumstances.
- Loss and replacement of Cards and User Credentials
4.1. Upon discovery of the loss or theft of a Card or User Credentials, the Account Holder should notify CO-BRANDER Services or Paytend using a Service Channel immediately. The Account Holder shall be required to provide his/her Account number and any other Personal Information that may be requested to validate the identity of the Account Holder.
4.2. The Account Holder shall be solely responsible for all Transactions that are effected through use of the Account Services whether performed with or without the knowledge and authorization of the Account Holder prior to the loss or theft of the User Credentials being reported. Neither Paytend nor CO-BRANDER takes any responsibility/liability on any usage of the Account Services or Transactions and strongly recommends the loss, misappropriation, or misuse of Cards and User Credentials be reported immediately.
4.3. On receiving a request to re-issue a PIN, CO-BRANDER, its affiliates, or Paytend may at its sole discretion distribute a replacement PIN, the possession and use of which shall be governed by these Terms and Conditions.
4.4. On receiving a request to re-issue user credentials from CO-BRANDER Services, CO-BRANDER or its affiliates may at its sole discretion issue replacement user credentials, the possession and use of which shall be governed by these Terms and Conditions.
4.5. On receiving a request to re-issue a Card, Paytend may at its sole discretion issue the Account Holder with a replacement Card, the possession and use of which shall be governed by these Terms and Conditions.
4.6. By making an application for the re-issue of User Credentials and or Card the Account Holder agrees that any relevant Account Service Charges listed in the Account Service Charges Schedule may be deducted from the CO-BRANDER Wallet prior to the provision of such replacements.
4.7. In the event that the Account Holder recovers a Card which has been reported as lost or stolen or otherwise replaced the Account Holder shall hand over the recovered Card/s to Paytend or CO-BRANDER immediately.
- Refunds and Chargeback
Paytend and CO-BRANDER and its affiliate will credit the CO-BRANDER Wallet with the amount of any refund only upon settlement of a properly issued credit from the Merchant via a Card Association. Subject to any rights vested in the Account Holder by Applicable Law, no claim by an Account Holder against a third party may be the subject of a defense or counter claim against Paytend and or CO-BRANDER.
5.2. Disputed Transactions and Chargeback
a) In the event that the Account Holder disputes a Transaction, such dispute must be lodged with Paytend using a Service Channel immediately.
b) On receiving notification of a disputed Transaction, Paytend will process the dispute in accordance with the Standard Dispute Resolution and Chargeback Process Rules (the “Dispute Resolution Rules”) or other rules of similar nature of Paytend.
c) The Account Holder agrees and accepts that the provisions of the Dispute Resolution Rules shall be binding thereupon.
d) The Account Holder agrees and accepts that the disputed Transaction amount will be credited to the CO-BRANDER Wallet only in the event that the dispute resolution process culminates in a decision in favour of the Account Holder. For the avoidance of doubt, it is clarified that the CO-BRANDER Wallet shall not be credited during the dispute resolution process.
- Authorization of Paytend and CO-BRANDER
By using the Account Services, the Account Holder authorizes Paytend and/or CO-BRANDER and its affiliates to:
6.1. Deduct the value of Transactions from the balance of the CO-BRANDER Wallet notwithstanding that such Transactions may exceed the value stored in the CO-BRANDER Wallet;
6.2. Deduct any and all applicable Account Service Charges from the CO-BRANDER Wallet as and when such charges accrue or arise;
6.3. Perform currency conversions when Transactions are made and debit the value stored in the CO-BRANDER Wallet according to the procedure described in 2.2 herein;
6.4. Debit the value stored in theCO-BRANDER Wallet with any and all other liabilities that may be incurred by the Account Holder through use of the Account Services; and
6.5. Set-off any liability owed by the Account Holder to Paytend against any value stored in the CO-BRANDER Wallet.
- Rights of Paytend and CO-BRANDER
7.1. Paytend or CO-BRANDER may amend these Terms and Conditions and or vary the method of calculation of the Account Service Charges at any time with or without notice to the Account Holder.
7.2. Paytend or CO-BRANDER may change the Account Services at any time with or without notice to the Account Holder.
7.3. Paytend or CO-BRANDER may log and create records of any activities of the Account Holder and usage of the Account Services and such records may be used in On-Boarding and Compliance Checking, and as evidence in any financial investigations and reporting, compliance investigations and reporting, and in proceedings before any court of law, as Paytend and/or CO-BRANDER may deem fit.
7.4. Paytend or CO-BRANDER reserves the right to levy additional Account Service Charges and or debit any other amounts relating to the Account Services from the CO-BRANDER Wallet as and when it may deem fit after providing reasonable notice to the customer.
7.5. Paytend and or CO-BRANDER may log any usage of the CO-BRANDER Services and or Service Channels or make records of Account Holder instructions given, or conversations had, by the Account Holder with CO-BRANDER Services and such records shall be conclusive proof and binding for all purposes and may be used as evidence in any financial investigations, compliance investigations and proceedings before any court of law, as Paytend and/or CO-BRANDER may deem fit.
- Obligations of the Account Holder
The Account Holder agrees and undertakes:
8.1. To safeguard the Account Services and keep the Card and User Credentials under their personal control at all times, and not to divulge the User Credentials or provide access to the CO-BRANDER Services, Cards or Account Services to any person at any time other than as strictly authorized by CO-BRANDER and/or Paytend;
8.2. To safeguard the mobile applicable and or website used to access CO-BRANDER Services and keep the User Credentials under their personal control at all times, and not to divulge the User Credentials to any person at any time other than as strictly authorized by CO-BRANDER and/or Paytend;
8.3. To reimburse Paytend and CO-BRANDER on first demand with all amounts due in the event that the available balance in the CO-BRANDER Wallet is insufficient to meet the total amount of all Transactions, Account Service Charges and other debits properly made to the CO-BRANDER Wallet;
8.4. Not to pledge the Account and or Card or use the Account and or Cards and or CO-BRANDER Wallet as security for any purpose;
8.5. To surrender the User Credentials to CO-BRANDER or its affiliate and or Paytend and or Service Channel (as directed) no less than thirty (30) days after first demand in the event that Paytend exercises its right to suspend or cancel the Account Holder’s use of the Account
8.6. To accept the records of Paytend and CO-BRANDER and its affiliate as true and accurate and not to dispute the veracity or accuracy of the same;
8.7. To notify Paytend via CO-BRANDER Services or CO-BRANDER of any change in the Account Holder’s personal details that were provided to Paytend and CO-BRANDER during
On-Boarding and Compliance Checking;
8.8. Not to engage in any activities that are, or are likely to be construed to be, money laundering to cover up the illegal source of your assets and obtain illegal profits; the Account Holder and/or Applicant shall not use the Account Service and CO-BRANDER Service for any illegal and criminal activities such as money laundering and terrorist financing, or provide financial support or disguised assistance for terrorist financing and money laundering.
In case of any suspicious change to your information, or that a transaction raises, in Paytend and/or CO-BRANDER’s absolute sole discretion, any suspicions in relation to the foregoing, Paytend and/or the CO-BRANDER shall have the right to re-identify or re-verify Personal Information, and shall, based on re-verification results, decide whether to continue to provide relevant Account Holder and/or Applicant with the Account Service and/or CO-BRANDER Services, or whether to impose restrictions on the respective account (including but not limited to blocking and deleting relevant services at any time without notice), and indefinitely suspend, discontinue or even terminate Account Service and/or CO-BRANDER Services provided thereto.
- Warranties of the Account Holder
The Applicant and/or Account Holder warrants that:
9.1. They are competent to contract under Applicable Law;
9.2. They are entitled to make an application for Account Services and if provided access to such Account Services will not be in violation of Applicable Law;
9.3. The value stored in the CO-BRANDER Wallet is derived from legitimate sources and not from funds that are the product of activities that are linked to, or could be construed as being linked to, money laundering and/or the financing of terrorism and/or tax evasion and/or proceeds of crime in any jurisdiction and or are in any way in violation of Applicable Law; and
9.4. The information furnished during On-Boarding and Compliance Checking is true, accurate, up to date and not misleading.
- Disclaimer of Liability
Neither Paytend or CO-BRANDER shall be liable for any loss or damage sustained or incurred
by the Account Holder, whether direct or indirect, including loss or damage sustained as a
10.1. Paytend, CO-BRANDER Services, Service Channels, and/or Merchants refusing to allow a Transaction or refusing to accept a Card or PIN;
10.2. Any defect or deficiency in the goods or services supplied to the Account Holder by any Merchant or, where applicable, for any breach of non-performance by a Merchant or the Account Services;
10.3. The Account Holder being unable to avail the CO-BRANDER Services and or Account Services either by reason of insufficient funds in the Account, or as a result of the failure of computer systems, network connections, electronic or mechanical failure, or other technical or operational fault whether linked to the CO-BRANDER Services and or Account Services provided by Paytend or CO-BRANDER or not;
10.4. The exercise by Paytend or CO-BRANDER of its rights to terminate the Account Services or the Account as a result of suspicious or fraudulent or potentially suspicious or fraudulent use of the Account Services or the Account;
10.5. Any injury to the reputation of the Account Holder arising from the non-performance or termination of the Account Services or the refusal of any person to honour or accept Cards and or PINs;
10.6. Any dispute between the Account Holder and a Merchant or Paytend or CO-BRANDER or any financial institution or other person acting on behalf of a Merchant;
10.7. Events outside of Paytend and or CO-BRANDER’s control or Force Majeure;
10.8. The Account Holder being denied access to the Account Services and or CO-BRANDER Services as a result of Paytend and or CO-BRANDER’s bona fide belief that such use or access is unauthorized;
10.9. Any surcharges and or levies being payable by the Account Holder to Merchants for use of Account Services and or Cards;
10.10. Paytend, CO-BRANDER, or any Merchants, withdrawing, cancelling, altering or amending any special offers and or discounts that may be made available from time to time;
10.11. Loss or damages resulting from a fraudulent use of Card or Pin that is a direct or indirect result of the Account Holder’s negligence, carelessness, or recklessness with respect to its obligations under Clause 8.1 and 8.2 of this Terms and Conditions.
- Exclusion of Warranties
Paytend and/or CO-BRANDER makes no promises, representations or warranties, either express, implied, statutory or otherwise in respect of the Account Services and Paytend and or CO-BRANDER specifically disclaim all implied warranties of merchantability, non-infringement and fitness for a particular purpose. In no event shall Paytend and or CO-BRANDER have any liability for any direct, indirect, special, incidental, or consequential damages, however caused and under any theory of liability, including tort and negligence, and whether or not Paytend and or CO-BRANDER has been advised of possibility of such damage.
- Personal Information
12.1. In respect of exercising its rights and performing its obligations and services under these Terms and Conditions, Paytend shall comply with all Applicable Law, including but not limited to the European Personal Data Protection Regulations, and shall not, as far as is reasonable, do anything, or permit anything to be done, which has the effect of breaching such laws or regulations. Paytend is a Data Controller and/or a Data Processor (as applicable) as defined under Applicable Laws, of Personal Information in connection with the provision of Account Services and obtains Client Consent during the On-Boarding and Compliance Checking process.
12.2. CO-BRANDER is a Data Processors of Personal Information in connection with the provision of Account Services.
12.3. The capture, processing and retention of Personal Information by Paytend and/or CO-BRANDER is a mandatory requirement under Applicable Law in respect of the application for and usage of Account Services including but not limited to On-Boarding and Compliance Checking.
12.4. Personal Information submitted to Paytend and/or CO-BRANDER may be stored and processed by computerized or other means by Paytend, CO-BRANDER, or any third-party entity to which Paytend and/or CO-BRANDER elects to outsource data hosting or data processing aspects of the Account Services or CO-BRANDER Services.
12.5. The Applicant and/or Account Holder is aware and has provided Client Consent either by wet or digital signature or by checking the box provided for consent in the digital application, that Personal Information provided to Paytend and/or CO-BRANDER may be disclosed and shared by Paytend and/or CO-BRANDER with its affiliates and business partners and other service providers (including banking partners) that may be engaged in providing services to Account Holders as a part of the Account Services or CO-BRANDER Services. Paytend and CO-BRANDER confirm that such consent has been recorded.
12.6. The Applicant and/or Account Holder may at any time withdraw their consent subject to Applicable Law and request that Paytend and/or CO-BRANDER stop processing their Personal Information by sending an email to firstname.lastname@example.org or by contacting Paytend Customer Support. Upon the processing of such a request, Paytend or CO-BRANDER, as appropriate, shall immediately cease to use the Account Services and suspend access to the CO-BRANDER Services and Account Services and the Account Holder shall immediately surrender the User Credentials to Paytend, CO-BRANDER and/or Service Channel within thirty (30) natural days. The Applicant and/ or Account Holder acknowledges that Paytend and CO-BRANDER is required to and shall retain their Personal Information data for as long as is necessary to comply with all Applicable Law and regulatory requirements.
12.7. The Applicant and or Account Holder may at any time request that Paytend and/or CO-BRANDER provide access to or copies of their Personal Information by sending an email to email@example.com or by contacting Paytend Customer Support. Upon processing of such a request Paytend or CO-BRANDER, as appropriate, shall contact the Account Holder to make arrangements for such Personal Information to be provided in a secure and convenient format.
12.8. Any changes to Paytend and/or CO-BRANDER’s policy on Personal Information or Client Consent shall be communicated to Account Holders and revised details shall be made available via CO-BRANDER Services prior to such changes take effect.
- Incapacity of the Account Holder
13.1. Paytend and CO-BRANDER must be informed in writing on the death, incapacity, dissolution, insolvency or bankruptcy of the Account Holder and Paytend and CO-BRANDER shall not be held liable for any loss or damage, whether direct, indirect or consequential, which may arise from any Transactions that are effected prior to written notice having been received by Paytend and CO-BRANDER of such death, incapacity or insolvency.
13.2. Upon receiving notice of the Account Holder’s death, incapacity, dissolution, insolvency or bankruptcy, Paytend and CO-BRANDER shall suspend the Account Services until such time as it is satisfied that a duly appointed successor or court appointed officer has been legally empowered to deal with the Account or that the heirs of the Account Holder have established their rights to the estate of the deceased Account Holder in accordance with Applicable Law.
14.1. The Account Holder may terminate this Agreement and close the Account by notice to Paytend and CO-BRANDER via CO-BRANDER Services or a Service Channel but such termination shall only be effective on the return to and receipt by Paytend and CO-BRANDER of the User Credentials and the cleared payment of all outstanding liabilities of the Account Holder to Paytend and CO-BRANDER in full.
14.2. The whole amount of any negative balance on the CO-BRANDER Wallet and any outstanding or applicable Account Service Charges will become immediately due and payable in full to CO-BRANDER and it affiliate on termination of this Agreement or on the Account Holder’s death, incapacity, dissolution, insolvency or bankruptcy. The Account Holder will be responsible for settling any outstanding amounts on the CO-BRANDER Wallet and shall keep Paytend and CO-BRANDER indemnified against all costs, charges (including legal fees), and expenses incurred in recovering such outstanding amounts.
14.3. Paytend or CO-BRANDER may terminate this Agreement at any time by cancelling or
refusing to renew the Account Services by providing no less than thirty (30) days’ notice to the Account Holder.
- Anti-Money Laundering and Prohibited Countries
15.1. In order to comply with regulatory requirements to prevent money laundering, financing of terrorism, and other illicit activities, Paytend and the CO-BRANDER are required to perform activities relating to the verification of Applicant and/or Account Holder information and identity. The verification procedure comprises of, inter alia, collection of Personal Information, processing of Personal Information, sharing of Personal Information between Paytend and CO-BRANDER pursuant to Applicable Laws and subject to Client Consent, and other measures which Paytend and the CO-BRANDER may, in their absolute sole discretion, alter or amend from time to time.
15.2. Notwithstanding the foregoing, the Applicant and/or Account Holder will not be able to use the Account Service and/or CO-BRANDER Service should aforementioned verification fails or improperly completed.
15.3. Paytend and/or CO-BRANDER shall have the absolute right to impose restriction on your Account and CO-BRANDER Service, including, but not limited to, blocking or deleting a Service or Services, suspend, discontinue, or terminate a Service or Services, freezing and seizing of assets upon proper proceedings, in Paytend and/or CO-BRANDER’s absolute sole discretion decide.
15.4. In addition to provisions under Clause 9 of this Terms and Conditions, the Applicant and/or Account Holder represent and warrant that:
All of the Applicant and/or Account Holder assets are legitimate, safe assets owned by the Applicant and/or Account Holder in law and in equity. There are no assets related to terrorist financing, money laundering or other criminal activities;
The Applicant and/or Account Holder shall not use the Account Service or the CO-BRANDER Service to launder money to cover up the illegal source of assets and obtain illegal profits;
The Applicant and/or Account Holder shall not use the Account Service and/or CO-BRANDER Service for any illegal and criminal activities such as money laundering and terrorist financing, or provide financial support or disguised assistance for terrorist financing and money laundering.
In case of any suspicious change to Personal Information, Paytend and/or CO-BRANDER shall have the right to re-identify or re-verify such information, and shall, based on re-verification results, decide whether to continue to provide the Applicant and/or Account Holder with the Account Service and/or CO-BRANDER Service, or whether to impose restrictions on Account pursuant to applicable provisions under this Terms and Conditions.
15.5. As a matter of policy and compliance, Paytend and/or CO-BRANDER maintains a list of countries whereby Account Services and/or Co-BRANDER Services are restricted or otherwise altogether unavailable therefrom. Paytend and/or CO-BRANDER shall be entitled to refuse provision of any of the Account Services and/or CO-BRANDER Services or terminate provision of any of the existing and/or then-standing Account Services and/or CO-BRANDER Services to residence of these countries without any liability whatsoever. The list is as follows subject to changes from time to time: [insert prohibited countries list] (the ‘Prohibited Countries’). Paytend and/or CO-BRANDER has the absolute right to amend the composition of the Prohibited Countries list at any time in any fashion with or without any prior or post notice to the Applicant and/or Account Holder. Without prejudice to other provisions of this Terms and Conditions, the Applicant and/or Account Holder hereby represent and warrant that he or she will pay close attention to this Terms and Conditions and check regularly the foregoing Prohibited Countries, Paytend and/or CO-BRANDER shall not be held liable for loss or damages suffered as a direct or indirect result of an update of the component of this Prohibited Countries list.
Each of the provisions hereof shall be severable and distinct from one another and if at any time any one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected
Paytend shall be entitled to assign any or all its rights and obligations in connection with the Account Services to any party of its choosing after providing no less than thirty (30) days’ notice to the Account Holder. Should the Account Holder not wish for its Personal Information to be shared any such assignee it may terminate this Agreement during such notice period. The Account Holder shall not be entitled to assign its rights in respect of the Account Services.
The Account Holder agrees and undertakes to keep Paytend and or CO-BRANDER indemnified against all actions, claims, costs, expenses and damages brought against or suffered by Paytend and or CO-BRANDER arising from a breach by the Account Holder of these Terms and Conditions. Paytend agrees to keep the Account Holder indemnified against a breach by Paytend of these Terms and Conditions.
19. Waiver of Remedies
No forbearance, delay or indulgence by Paytend in enforcing these Terms and Conditions shall not prejudice or restrict the rights of Paytend nor shall any waiver of its rights operate as a waiver of any subsequent breach.
If Paytend do not deliver the standard of service expected, or if CO-BRANDER has made a mistake, please provide your feedback using one of the methods described below. Paytend takes your opinions and complaints seriously and will investigate the situation and, if necessary, set about putting matters right as quickly as possible. In addition, Paytend will take steps, where appropriate, to prevent a recurrence. Paytend operates a complaints management policy and procedure that aims to ensure all complaints are dealt with fairly, consistently, and promptly.
20.1. Making a Complaint
20.2. Handling your complaint
Paytend has internal policies in place to address how complaints are managed. Once Paytend have received your complaint, we aim to resolve the issue as quickly as possible and in a consistent manner. Your complaint will be promptly acknowledged and investigated by the Complaint’s Management/ Compliance Officer who is independent from Paytend day to day business functions and will be able to impartially investigate the circumstances giving rise to the complaint. If your complaint is relating to the actions of the compliance function of Paytend, it will be passed for investigation to an alternative senior manager that is not linked to the compliance function.
In conducting the investigation, the individual handling your complaint may contact you to request additional information which may be required to resolve the complaint. We may also, from time to time, get in touch to update you with our progress.
Upon completion of any investigation, we will provide you with correspondence confirming the same. In case of a payment services related complaint, the company will comply with the relevant provisions imposed by the Central Bank of Bahrain including all requirements to report or communicate information related to the complaint in the appropriate manner to necessary authorities. Paytend will also maintain records of the complaints it receives, and the measures taken for their resolution.
21. Dispute Resolution
Any dispute between the Parties with regard to the Account Services or the rights and
obligations of the Account Holder or Paytend or CO-BRANDER under these Terms and
Conditions shall be resolved through arbitration proceedings in accordance with the provisions of the Chartered Institute of Arbitrators Arbitration Rules as applicable. The seat and forum of arbitration shall be United Kingdom.
22. Governing Law
These Terms and Conditions shall be construed in accordance with and governed by the Laws of the Republic of Estonia/
23. Customer Agreement
By applying for and accessing the Account Services the Applicant and/or Account Holder acknowledges that (i) that s/he has read, understands and agrees to be bound by these Terms and Conditions without limitation, and (ii) in the event of a dispute, the Applicant and/or Account Holder agrees that the application for and accessing the Account Services shall be deemed consent with equal effect to having the Account Holder’s signature hereon.
Account Service Charge Schedule
|1||New Application Fee||0|
|2||User Credentials Re-issue Fees||0|
|3||Physical Card Issue Fee||N/A|
|4||Physical Card Re-issue Fee||N/A|
|5||Virtual Card Re-Issue Fee||0|
PIN Issue/Re-issue Fee
|7||Cash Withdrawal Handling Fee||N/A|
|8||Cash Withdrawal Handling Fee (International)||N/A|
|9||Balance Enquiry at ATM||N/A|
Balance Enquiry at ATM (International)
|12||P2P Transfer Fee||N/A|
CO-BRANDER Service Charge Schedule
|1||New Application Fee||0|
|2||User Credentials Re-issue Fees||N/A|
|3||Physical Card Issue Fee||N/A|
|4||Physical Card Re-issue Fee||N/A|
|5||Virtual Card Re-Issue Fee||0|
PIN Issue/Re-issue Fee
|7||Cash Withdrawal Handling Fee||N/A|
|8||Cash Withdrawal Handling Fee (International)||N/A|
|9||Balance Enquiry at ATM||N/A|
Balance Enquiry at ATM (International)
|12||P2P Transfer Fee||N/A|