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WME Business Agreement
The article is out of dateThe article is out of dateThese terms and conditions (“Agreement”, “Terms”) govern the supply of the Service operated by Nobel Financial Limited (“we”, “us”, “our”) to a person or entity whose application to register for one of our Business Accounts is accepted by us (“you”, “your”).
Capitalised terms that are not defined where they appear in this Agreement have the meaning given to them in Clause 24 below. The term of this Agreement (“Term”) shall start on the date you agree it when registering for a Business Account and, if we accept your application, this Agreement shall continue unless cancelled by you or terminated by you or us in terms of this Agreement.
These Terms apply to you if you are not considered to be:
1. a consumer, that is, a natural person who is acting for purposes other than his or her trade, business or profession; OR
2. a microenterprise in terms of the Business Promotion Regulations (S.L.325.06 of the laws of Malta) (“Microenterprises”).
Before entering into a relationship with us, you must:
1. Read these Terms;
2. Confirm agreement with these Terms; and
3. Provide us with all such information and documentation as may be reasonably required for us to comply with our regulatory obligations in terms of Maltese law.
You confirm that the information provided to us during the account opening process is correct and that we will be immediately notified of any change in the details provided. You shall bear any losses incurred by us due to the submission of invalid, inaccurate or incorrect information. By entering into these Terms, you give us, or a third party acting on our behalf, consent to verify any information provided.
In addition to this Agreement, you agree to the terms of our Privacy Policy and Cookie Policy. We will process any Personal Data provided to us during the Term of this Agreement in accordance with Data Protection Legislation and the terms of our Privacy Policy and Cookie Policy.
We hold a financial institution licence issued by the Malta Financial Services Authority (“MFSA”), situated at Triq l-Imdina, Zone 1, Central Business District, Birkirkara, CBD 1010, Malta (Tel: 21441155), to provide electronic money and payment services in terms of our licence issued pursuant to the Financial Institutions Act Chap. 376 of the Laws of Malta (“Services”). Particulars of the licence issued to us and the specific services covered by that licence may be obtained from the Financial Services Register available on the website of the MFSA which may be accessed at the following link: https://www.mfsa.com.mt/financial-services-register/.
As an electronic money institution licenced in terms of the Financial Institutions Act, we conduct our Services in accordance with Directive No 1 in terms of the Central Bank of Malta Act (Chapter 204 of the laws of Malta) (“Directive”).
In the event of a conflict or inconsistency between the Directive and these Terms, these Terms shall control and govern the rights and obligations of the parties to these Terms, to the extent permissible in terms of the Directive.
The Directive is accessible at the following link: https://www.centralbankmalta.org/centralbankofmaltadirectives.
At all times, we may only provide any of the services as set out in these Terms to the extent that we are licensed to do so by the MFSA, and in which case, we shall be bound to act in accordance with the terms of our Financial Institution Licence and any regulations, rules and/or directives made under the Financial Institutions Act.
We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services without notice and without liability.
We are licensed by the MFSA to issue and hold electronic money. Electronic money which we hold on your behalf will not be used to invest or lend to other persons or entities and will not accrue interest, whether in favour or against you.
Your funds will be held in one or more segregated bank accounts as we may determine from time to time, separate from our funds. ELECTRONIC MONEY ISSUED BY US WILL NOT BE COVERED BY THE DEPOSITOR COMPENSATION SCHEME REGULATIONS (SUBSIDIARY LEGISLATION 371.09 OF THE LAWS OF MALTA).
Please read this Agreement and any document referred to herein and download a copy for your records before using the Service. Please note that we may change this Agreement on 2 months’ notice to you from time to time without liability. We will post any changes on this page and notify you in your Business Account and/or by email. You may terminate this Agreement immediately and without charge before the proposed changes take effect, otherwise you shall be deemed to have accepted such changes when the 2 months’ notice expires.
Amendments made to these Terms and/or any other agreement in place between you and us which are required by law or which relate to the addition of a new service, extra functionality as regards the existing Services, a reduction in the cost of the Services or other changes which do not reduce your rights or increase your responsibilities may be made without the need for us to provide prior written notice. Such changes will become effective immediately.
1. Your Business Account
1.1 As further described in Clause 2, the Service enables you to:
1.1.1 purchase WME Electronic Money;
1.1.2 receive payment in WME Electronic Money for your supply of goods or services to a Consumer (“Payment”);
1.1.3 make a refund of WME Electronic Money in relation to a Payment made to you (“Refund”);
1.1.4 make or receive a transfer of WME Electronic Money to or from another Consumer or Business (“Transfer”); and
1.1.5 exchange your WME Electronic Money for an equivalent amount of funds in the same currency in which your WME Electronic Money was denominated (“Redeem” and “Redemption” shall be construed accordingly)
provided that you comply with all Applicable Law and do not use the Service for any of the prohibited purposes listed on the Service: (https://www.wmtransfer.com/eng/help/general/tabu.shtml) from time to time, including the sale of unlawful images or age-restricted goods or services to persons under the age of 18 or otherwise use the Service in ways that might damage our reputation or goodwill.
1.2 Your WME Electronic Money Balance does not earn interest and is not insured or guaranteed by any person or entity or covered by the Depositor Compensation Scheme.
1.3 To be eligible for a Business Account, you must be:
1.3.1 A sole trader who is at least 18 years old acting in the course of a profession, trade or business; or
1.3.2 a company or a partnership.
1.4 Notwithstanding Clause 1.3, an account may, subject to our acceptance, be opened in the name of a person who is under the age of 18 years old (“Minor”) but subject to:
1.4.1 the laws and regulations in the jurisdiction of residence of the Minor; and/or
1.4.2 additional consent of either the Minor’s parents or the Minor’s guardian/s in relation to any transactions. Evidence of such authority and/or consent/s, including those of any Court, in relation to particular transactions, may be requested. The Minor’s parent/guardian will have the power to manage the account on behalf of the Minor until his/her 18th birthday (or until the Minor’s emancipation). Upon evidence of the Minor attaining 18 years of age (or having been emancipated), the minor (now the adult) will have the exclusive right to manage his/her account and the parents/guardian’s authority over the account will automatically cease to apply.
1.5 To guard against fraud, we may notify you of one or more Transaction Limit(s) from time to time that you must not exceed without our prior written consent.
1.6 You can access your details of your Transaction Data and other information relating to you and your use of the Service by logging into your Business Account. You agree that we are not required to send you statements, either in the post or electronically.
1.7 The records kept in the Service shall be conclusive of the facts and matters they purport to record. We reserve the right to correct the balance of your Business Account if we believe that an administrative error, or an error in billing or accounting has occurred.
2. Transactions
2.1 You can purchase WME Electronic Money by using one of the payment methods specified in your Business Account. The balance in your Account will reflect the amount of Electronic Money purchased by you from us. If we receive money in our accounts in a currency other than the currency indicated to us when we provided you with the bank account details, then we will not be liable for any losses that are incurred by you for any currency conversion performed. You acknowledge and agree that your purchase of WME Electronic Money is a separate transaction from any Payment or Transfer that you make using that WME Electronic Money.
2.2 When you initiate a Refund or Transfer, and you have a sufficient WME Electronic Money Balance to fund the Refund or Transfer, we will debit your Business Account for the amount of the Refund or Transfer and immediately credit that amount to the relevant Business Account or Personal Account (as the case may be).
2.3 When a Consumer initiates a Payment, or another Consumer or Business initiates a Transfer to your Business Account, and they have a sufficient WME Electronic Money Balance to cover that Payment or Transfer, we debit their Consumer Account or Business Account (as the case may be) for the amount of the Payment or Transfer and immediately credit that amount of WME Electronic Money to your Business Account.
2.4 You may Redeem all or part of your WME Electronic Money Balance by any of the relevant methods specified on the Service from time to time, which may be subject to you satisfying additional checks that we may be required to make under Applicable Law.
2.5 We may suspend the processing of any Transaction where we reasonably believe the Transaction may be fraudulent, prohibited under Applicable Law or involves any criminal activity. Any Transaction request that we lawfully refuse to process will not be deemed to have been received for purposes of execution times and liability for non-execution or defective execution. We will notify you if we exercise our rights under this Clause, the reasons for doing so and the procedure for rectifying any factual errors that led us to suspend the processing of the Transaction, unless we are prohibited from doing so under the Applicable Law. We may charge you the reasonable costs of any such notification.
2.6 You must establish and maintain procedures and security features to try to prevent unauthorised access, unlawful processing, accidental loss or destruction of, or damage to any Personal Data contained in Transaction Data made available to you under this Agreement.
2.7 Subject to the provisions limiting our liability under Clause 8 below, in order to reclaim an unauthorised or incorrectly executed Refund or Transfer on your Business Account including those related to the non-execution, defective execution or late execution of a payment, you must notify us without undue delay after becoming aware of such a Transaction by email to finance@webmoney.eu:
2.7.1 If you are a Large Business or Large Charity, no later than sixty (60) days after the debit date of the Transaction; or
2.7.2 If you are not a Large Business or Large Charity, no later than thirteen (13) months after the debit date of the Transaction.
2.8 We shall be liable for any chargebacks initiated by Consumers in relation to their purchase of WME Electronic Money using a payment card, (but not in relation to their purchases from you using the WME Electronic Money they have purchased), provided that you give us such information and assistance as we reasonably request to challenge or dispute any such chargebacks.
2.9 You may enquire about the processing of any Transaction by emailing us at finance@webmoney.eu.
2.10 In addition, you agree to maintain any minimum balance in your Business Account in such amount as we may estimate to be sufficient to cover anticipated Refunds or Claims.
2.11 You also agree to procure, within 14 days after our written notice to do so, a guarantee, insurance policy or other security interest in our favour in such form and over such assets as we may reasonably require to secure the performance of your obligations under this Agreement.
2.12 You shall:
2.12.1 cooperate with us and provide to us all information that we shall reasonably require to enable us to provide the Service;
2.12.2 display the ability to accept Payments in a manner consistent with our brand guidelines, as communicated to you from time to time;
2.12.3 comply with all your legal, regulatory and contractual obligations to Consumers in respect of all Payments, Refunds and Transfers;
2.12.4 only accept Payments from and/or make Refunds to Consumers in connection with goods and/or services which you have lawfully sold and supplied to those Consumers in the ordinary course of the business identified to us when you applied to use the Service;
2.12.5 refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation or goodwill.
Consent and Revocation of Payment Orders
2.13 A payment transaction shall be considered to be authorised only if you have given consent in accordance with these Terms.
2.14 Consent to execute a payment transaction may also be given via the Payee in a transaction or by your Payment Initiation Service Provider. In the absence of such consent the payment transaction shall be considered unauthorized.
Receipt of a Payment Order
2.15 The point in time of receipt of an order for a payment transaction shall be the time when the order transmitted directly by you or indirectly by your Payment Initiation Service Provider, is received by us. Your Account will only be debited once we have received the order.
Payment Transaction to a Payment Account
2.16 We shall ensure that after the point in time of receipt of an order for the execution of a payment transaction as defined above, the amount of the payment transaction is credited to the Payee’s WME Electronic Money Account at the latest by the end of the next Business Day.
2.17 In instances where you are the Payee, we shall value date and make available the amount of the payment transaction to your Account after we have received the funds as outlined hereunder.
2.18 The credit value date for your Account shall be no later than the Business Day on which the amount of the payment transaction is credited to our account. We shall ensure that the amount of the payment transaction is at your disposal immediately after that amount is credited to our account.
2.19 In a situation of receipt of funds by you, we shall ensure that the amount of the payment transaction is at your disposal immediately after that amount is credited to your Account where, on our part there is:
2.19.1 No currency conversion; or
2.19.2 A currency conversion between the Euro and a Member State currency or between two Member State currencies.
This shall also apply to payment transactions involving a sole payment service provider.
2.20 The debit value date for the Payer’s payment account shall be no earlier than the point in time at which the amount of the payment transaction is debited to that payment account.
3. Restrictions on the Use of the Services
3.1 It is not permitted to:
3.1.1 use the Services for any illegal purposes, including, but not limited to fraud and money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, the unlawful purchase or sale of tobacco, firearms, prescription drugs, other controlled substances or other products prohibited by law. Suspicious activity will be reported and we will cooperate with any relevant law enforcement agency or regulator;
3.1.2 use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full;
3.1.3 breach these Terms or any other agreement or policy that you have agreed with us;
3.1.4 create more than one account with us without our prior written consent;
3.1.5 use the Services to violate any law, statute, ordinance, or regulation;
3.1.6 use the Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
3.1.7 infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
3.1.8 act in a manner that is defamatory, libellous, threatening or harassing when using the Services;
3.1.9 provide us with false, inaccurate or misleading information;
3.1.10 use the Services to engage in debt-collection activities;
3.1.11 instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
3.1.12 attempt to intentionally or knowingly receive or attempt to receive funds from both us and a merchant for the same transaction;
3.1.13 control an account opened with us that is linked to another account opened with us that has engaged in any of these restricted activities;
3.1.14 conduct your business or use the Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to us, other users of our Services, third parties or you;
3.1.15 allow any of the currencies in your Account to have a negative balance;
3.1.16 take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Services;
3.1.17 take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
3.1.18 use the Services to test credit card behaviours;
3.1.19 circumvent any of our policies or determinations about your Account including, but not limited to, attempting to create a new or additional account when an account has a negative balance or has been restricted, suspended or otherwise limited;
3.1.20 creating new or additional accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s account;
3.1.21 harass our employees, agents, or other users of our Services;
3.1.22 refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
3.1.23 use the Services in a manner that we believe may be a violation of any applicable law or regulations;
3.1.24 refuse or fail to provide further information about you or your business activities that we may reasonably request;
3.1.25 use the Services in a manner that leads us to initiate a disproportionate number of chargebacks;
3.1.26 have a credit score provided by a third-party provider of our choosing which indicates a higher level of risk associated with your use of the Services;
3.1.27 reveal your Account Access Codes to anyone or use anyone else’s account.
3.2 You must ensure that transactions are only entered into when they relate to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via a Nobel Financial Limited transaction is not an indication of the legality of the supply or provision of the goods and services.
3.3 We reserve the right to refuse to perform a transaction which is directly or indirectly associated with any country which we deem to be termed as “Restricted Country” or which we deem to constitute a risk. A list of Restricted Countries will be published through the platform.
3.4 If we, in our sole discretion, believes that you may have breached the provision of these Terms, we may take action to protect ourselves, other users of our Services and third parties. The action we may take includes but is not limited to:
3.4.1 closing, suspending, or limiting your access to your Electronic Money Account or any or all of the Services;
3.4.2 contacting other users of our Services who have transacted with you;
3.4.3 contacting your bank or credit card issuer; and/or warning other users of our Services, law enforcement, or impacted third parties of your actions;
3.4.4 updating inaccurate information you have provided to us;
3.4.5 taking legal action against you;
3.4.6 terminating these Terms or access to the platform;
3.4.7 fully or partially reversing a transaction; and/or
3.4.8 blocking your access to your Account and/or platform temporarily or permanently.
3.5 Where possible, we will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
3.6 The Services provided by us may not be available in countries where the use thereof is prohibited by local law. If in doubt you should contact a legal adviser. We will not be responsible for the use of our Services by persons in countries where the use of such Services is prohibited, and the availability of such service in any territory or jurisdiction whatsoever should not be construed as any acknowledgment on our part as to the legality of the provision of such service in that territory or jurisdiction.
3.7 You hereby agree to indemnify us in respect of any action, claim or proceeding brought against us as a result of you using any of our Services that are prohibited by local law in your country of residence. You will remain liable for any costs we incur in this regard.
4. Claims
4.1 Except as expressly provided in this Agreement, each Business shall be solely responsible for all Claims relating to the supply of any goods or services to you by that Business, and it is the Business’s responsibility and not ours, to resolve any Claim.
4.2 We do not control or assume liability for the legality, quality, fitness for purpose or use of the goods and services that are paid for using the Service. We do not guarantee the identity of any Business or Consumer, or that a Business will make Refunds due and payable to you. However, we may stop, block or suspend any Transaction:
4.2.1 if we believe or suspect that the Transaction is or was not authorized or is unlawful, suspicious, or in breach of this Agreement; or
4.2.2 if the Transaction is reversed by a court, regulatory authority or other third party acting in accordance with Applicable Law.
4.3 We shall be responsible for resolving any Claim by you in relation to your Business Account, including any Claim in relation to your purchase of WME Electronic Money or your initiation of a Transaction through the Service.
4.4 Without prejudice to any other rights or remedies we may have in respect of:
4.4.1 any costs we reasonably incur in respect of Claims relating to you; and
4.4.2 any amounts reasonably required to cover any sum due to us from you under this Agreement,
we may in our sole and absolute discretion deduct or withhold such sums from, or set-off such sums against, any payment due to you under this Agreement or send you an invoice for any or all such sums, which invoice shall be payable in accordance with its terms.
4.5 We may, from time to time, reasonably request you to provide copies of Transaction Data, in which event you shall provide such copies to us within seven (7) days of such request being received.
4.6 Upon our request, you shall:
4.6.1 disclose to us such information as we reasonably require relating to the performance of the Services or obligations under this Agreement or Applicable Law; and
4.6.2 take all reasonable steps to assist us in handling any Claim or query raised by a Consumer or any other third party in relation to the Services or any Transaction.
4.7 You shall advise us in writing as soon as you become aware of any act, omission or error which does or may:
4.7.1 cause material loss or damage to us (including damage to our reputation); or
4.7.2 adversely affect your ability to perform your obligations under the Agreement;
4.7.3 actual or suspected violation or compromise of the security or integrity of any Transaction Data or any other information relating to the Service or any of our Confidential Information at any time obtained or held by you;
4.7.4 material change in the nature of your business or in the goods and/or services supplied to your customers or of any additional business commenced by you or of your cessation of business; and/or
4.7.5 change of your Control, or any proposed or reasonably anticipated change of your Control.
5. Fees and Taxes
5.1 In consideration of us supplying the Service to you, you shall pay to us the Fees specified in Schedule 1 in accordance with the settlement process also specified in Schedule 1. While VAT does not currently apply to the Service or Fees, the Fees are exclusive of amounts in respect of any VAT that might apply in future, for which you would be liable.
5.2 We are not responsible for determining whether any value added tax, sales tax or any other tax applies to your sales or WME Electronic Money receipts, or for collecting, reporting or remitting any such taxes.
6. The Security of your Business Account
6.1 You must take reasonable steps to keep your Account Access Codes safe and prevent fraudulent use of your Business Account (and must ensure that any person to whom you disclose your Account Access Codes takes the same reasonable steps). Those steps include keeping your Account Access Codes confidential and secure from unauthorised individuals, not writing down any item of Personal Data and Account Access Codes together and taking reasonable care to ensure that you are not observed or overheard when using your Account Access Codes. You will immediately terminate the access rights of any of your authorised users who ceases to act in an authorised capacity on your behalf for any reason, including, for example, because of a change in employment status.
6.2 You shall be solely responsible for creating an appropriately strong password within your Account Access Codes and for updating it from time to time.
6.3 You are responsible for the use of your Account Access Codes by any other person whom you have allowed to access them, subject to Clauses 6.4 and 6.5.
6.4 You must inform us without undue delay by sending us an email to security@webmoney.eu on becoming aware of the loss, theft, misappropriation or unauthorised use of your Account Access Codes or if you believe an unauthorized person knows your Account Access Codes or can use the Service by impersonating you. In the event that we become aware of any unauthorised use of your Account or if we suspect that the password has been compromised and/or misappropriated by a third party, we shall communicate with you using such secure procedure/s as we shall consider necessary and/or appropriate in the circumstances. This may include contacting you on any contact number or email address indicated by you during the account opening process.
6.5 As long as the correct Account Access Codes are entered when your Business Account is accessed and you have not notified us of a problem with your Account Access Codes under Clause 6.4:
6.5.1 we will assume that you are the person accessing your Business Account and you will be liable for its use,
6.5.2 you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
6.5.3 we will not be responsible for any unauthorised access to your Business Account or the information within it.
6.6 Provided that you have not breached the other terms contained in this Clause 5, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to Business Account (subject to the limits on our liability in terms of this Agreement).
6.7 We can refuse to act or process any Transaction if we consider in our sole and absolute discretion that any instruction:
6.7.1 is unclear, was not given by you or might cause us to breach any legal requirement or duty; and/or
6.7.2 we believe your Business Account or the Service is being used for fraud or any illegal purpose.
6.8 Except as expressly stated in this Agreement, you are solely responsible, for compiling and retaining your own record of all Transactions and other data associated with your use of the Service and your Business Account. After the termination or expiry of this Agreement, we shall have no obligation to you to operate your Business Account or retain copies or provide you with access to any data from it, except as otherwise stated in this Agreement.
6.9 You are solely responsible at your own expense for the provision of all equipment, software, systems and telecommunications facilities necessary for you to access, receive and use the Service in accordance with these Terms and in accordance with any technical requirements as may be specified by us.
6.10 We reserve the right to block your Account for objectively justified reasons relating to the security of your Account or the suspicion of unauthorised use of your Account. In such instances, we will inform you of the blocking of your Account and the reasons for it via our platform or via any other communication method provided by you during the account opening process. We undertake to inform you, where possible, before your Account is blocked and at the latest, immediately thereafter, unless informing you would compromise objectively justified security reasons or is prohibited under any European Union law or Maltese Law. We will unblock your Account or replace it with a new account once the reasons for blocking no longer exist.
6.11 We shall be under no duty to verify the identity or authority of any person making a request, giving instruction or effecting a transaction through your Personal Account or the authenticity of the same, apart from verifying the Account Access Codes.
7. Warranties, Representations and Indemnities
7.1 You warrant and represent to us that:
7.1.1 all the information that you provide to us is true, complete and accurate and you will keep all such information up to date during the Term;
7.1.2 you will only use the Service for your own purposes and not on behalf of any third party;
7.1.3 you will comply with all Applicable Law when using the Service;
7.1.4 you will not attempt any unauthorized access to or otherwise interfere with the Service or any Business Account or Personal Account;
7.1.5 you will comply with all your contractual obligations and obligations under Applicable Law in relation to your sales of goods and services to Consumers;
7.1.6 you are not under any legal disability with respect to, and are not subject to any law or regulation which prevents your performance according to these Terms or any transaction contemplated herein; and
7.1.7 funds supplied by you for any purpose in connection with this Agreement shall, subject to the Terms, be at all times, free from any charge, hypothec, pledge, encumbrance or any other security interest whatsoever, and shall be beneficially owned by you and you will indemnify us against all claims or demands made by any person in relation thereto. You also agree to ratify and be bound by all transaction undertaken by us on your behalf in accordance with these Terms.
The above warranties and representations shall be deemed to be repeated each time you, for the duration of the relationship with us, provides instructions to us.
7.2 You shall indemnify and hold us harmless from and against any and all Claims brought against us by a Consumer or other third party, or which we may suffer or incur, to the extent such Claims arise out of or in consequence of or in connection with:
7.2.1 a Transaction;
7.2.2 a Claim;
7.2.3 any security breach in relation to your systems, or compromise or theft of data (including Personal Data and/or Transaction Data) held by you or on your behalf;
7.2.4 any breach by you of any warranty given under this Agreement;
7.2.5 6.2.5 a failure by you to comply with the requirements of Applicable Law; and
7.2.6 6.2.6 any reasonable steps taken in the protection of our interests in connection with:
7.2.6.1 any actual security breach or a security breach relating to any Transaction or Transaction Data;
7.2.6.2 any breach of the requirements of Applicable Law; or
7.2.6.3 any allegation of fraud made in relation to you or your business,
except, if and to the extent such Claim is caused by our negligence, breach of contract or wilful misconduct.
7.3 We shall indemnify and hold you indemnified from and against all losses, liabilities, damages, costs, claims and expenses (including reasonable legal fees and expenses) which you may suffer or incur to any third party in connection with:
7.3.1 Transaction Data; or
7.3.2 the requirements of a Regulatory Authority or Applicable Law,
which is attributable to our negligence, breach of contract or wilful misconduct, except if and to the extent caused by or contributed to by your negligence, breach of contract or wilful misconduct.
8. Limitation of Liability
8.1 This Clause 8sets out the entire liability of each party to the other for any breach of this Agreement and any representation, statement or tortious act or omission (including negligence) by each party arising under or in connection with it.
8.2 Subject to the provisions of Clause 8.4.3 or 8.5(as the case may be), in case of an unauthorised Transaction or a Transaction that was incorrectly executed due to an error by us, we shall at your request immediately, and in any event, no later than by the end of the following Business Day, after noting or being notified of the transaction, refund the payment amount including all related Fees deducted therefrom except where we have reasonable grounds for suspecting fraud and communicate those grounds to the relevant national authority in writing.
8.3 We may charge for information provided by us to you for corrective and preventative measures undertaken by us.
8.4 If you are not a Large Business or a Large Charity, the provisions of Clause 8.2shall not apply:
8.4.1 where an unauthorised Transaction arises from your failure to keep your Account Access Codes secure in accordance with Clause 6.1, in which case you shall remain liable for the first €50 EUR (or equivalent in GBP) unless:
8.4.1.1 you compromised the security of your Business Account with intent or gross negligence, in which case you shall be solely liable for all losses;
8.4.1.2 the unauthorized Payment occurred after you had notified us of the fact that your Account Access Codes had been lost or compromised,
in which case we shall remain liable from the date of such notification and refund immediately to you the amount of any subsequent unauthorised Transaction using the compromised Account Access Codes;
8.4.2 if you fail to give us a notice in accordance with Clause 6.4, in which case you shall remain liable for losses incurred up to the time of any later notification to us;
8.4.3 if you fail to notify us that you dispute an unauthorised or incorrectly executed Transaction within 13 months after the date of that Transaction.
We will provide you with the means to prove, for eighteen months after the notification, that you made such notification.
8.5 If you are a Large Business or a Large Charity, the provisions of Clause 8.2 shall not apply:
8.5.1 where the unauthorised Transaction arises from:
8.5.1.1 your failure to keep your Account Access Codes safe in accordance with this Agreement; or
8.5.1.2 any breach of this Agreement by you, or your negligence or wilful misconduct;
8.5.2 if you fail to notify us without undue delay of any loss of your Account Access Codes or other event that could reasonably be expected to have compromised the security of your Business Account when you become aware of such event; or
8.5.3 if you fail to dispute and bring the unauthorised or incorrectly executed Transaction to our attention within 60 days from the date of the Transaction.
We will provide you with the means to prove, for eighteen months after the notification, that you made such notification
8.6 Where applicable, we will restore the debited account to the state in which it would have been, had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for your Account shall be no later than the date on which the amount had been debited.
8.7 To the fullest extent permitted by Applicable Law, all warranties, conditions and terms that would otherwise be implied in this Agreement are hereby excluded and we make no representations or warranties, express or implied, with respect to merchantability, fitness for a particular purpose or non-infringement of the Service. We do not warrant or guarantee that the Business Account or the Service will always be available or operate error-free, or that any errors or omissions in the Service will be corrected.
8.8 Subject to Clause 8.7:
8.8.1 to the extent permitted by Applicable Law, our total liability arising under or in connection with this Agreement, whether arising in contract, negligence or otherwise, shall be limited to an amount equal to the total of (a) your then current WME Electronic Money Balance and (b) any Fees you have paid to us during the 12 months immediately preceding your Claim;
8.8.2 neither party shall be liable to the other for any loss of profit, goodwill, reputation, business, business opportunity, data, or any special, indirect or consequential damage or loss of any kind whatsoever arising under or in connection with this Agreement; and
8.8.3 Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under this Agreement as a result of an event beyond its reasonable control (“Force Majeure Event”).
8.9 We shall not be liable for any operational failures preventing the use of the platform, interruptions preventing you from accessing the platform, and/or any liability arising from the use of the internet as a means of communication, and/or any damage or loss caused by matters relating to your own smartphone or other electronic device. We reserve the right to suspend, at any time, the Services provided on our platform. We will endeavour to inform you in advance of any anticipated and/or routine service or system interruptions on our part.
8.10 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from its negligence, fraud or any other liability that cannot be excluded under Applicable Law.
8.11 Should a request or instruction for a transaction be incomplete or erroneous, any loss arising as a result thereof will be borne by you.
8.12 We shall not, to the extent permittable by law, be held liable for any damages or losses incurred (including loss of money, goodwill or reputation or other intangible losses) resulting directly or indirectly from the following situations:
8.12.1 A suspension of your Account or any other action taken with respect to the Account;
8.12.2 Your loss or inability to do business as a result of any changes made to these Terms or any policy issued by us; and
8.12.3 Illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data.
8.13 Liability in accordance with these Terms shall not apply in cases of abnormal and unforeseeable circumstances beyond the control of the party pleading for the application of those circumstances, the consequences of which would have been unavoidable despite all efforts to the contrary, or where we are bound by other legal obligations covered by national or EU legislation.
8.14 You shall indemnify us and hold us, our third-party service providers, our employees or agents who are authorised to act on our behalf harmless against all losses whatsoever which may be suffered by us as a result of, or in connection with, the following:
8.14.1 Your breach of the Terms;
8.14.2 Us entering into any transaction on your behalf; or
8.14.3 Us taking any of the steps which we are entitled to take in the event of default by you.
8.15 You shall remain liable under these Terms in respect of all charges and other amounts incurred through the use of the Account. This clause shall apply irrespective of any termination, suspension or closure of your Account.
9. Cancellation of this Agreement
9.1 If you are a sole trader, you may cancel this Agreement within 14 days after the day you agree to it by sending to us an email at cancellation@webmoney.eu stating that you wish to do so, in which case Clause 11 applies.
10. Termination of this Agreement
10.1 The relation between you and us is indefinite and shall remain in force until it is terminated in accordance with these Terms.
10.2 We may terminate this Agreement (in whole or in part) immediately by notice in writing if:
10.2.1 you breach the provisions of Clause 1.1 and/or Clause 6.1of this Agreement;
10.2.2 we determine, in our sole and absolute discretion, that the level of Claims or Refunds is unacceptable;
10.2.3 We are unable to verify your information in the manner set out in these Terms;
10.2.4 We have reason to believe that your use of the Services is damaging, corrupting, degrading, destroying, and/or otherwise adversely affecting the Services or any other software, firmware, hardware, data, systems or networks accessed or used by you;
10.2.5 there is significant fluctuation (whether positive or negative) in the aggregate number of transactions entered into by you;
10.2.6 we have reason to believe that you have acted or omitted to act in such a way which diminishes our business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect will give rise to any offence or any increased liability to us; or
10.2.7 we are unable to provide the Services due to the inability of any third party to provide us with any good and/or service that we require to provide the Services.
10.3 Subject to the provisions of Clause 10.4, either party may, at any time on a minimum of two months’ written notice to the other party, terminate this Contract.
10.4 If you are not a Large Merchant or a Large Charity, you may terminate this Contract by giving us one month’s prior written notice.
10.5 Either party may terminate this Agreement (in whole or in part) immediately by notice in writing if:
10.5.1 the other party is in material breach of any of its obligations under this Agreement and fails to remedy the breach (if capable of remedy) within thirty (30) days after receiving written notice to do so; or
10.5.2 the other party repeatedly breaches the Terms to reasonably justify the opinion of the party that this conduct is inconsistent with the other party having the intention or ability to give effect to the Terms; or
10.5.3 the other party in any jurisdiction enters into, applies for, or calls a meeting of members or creditors to consider a moratorium, administration, liquidation, or composition or arrangement with its creditors; or is the subject of appointment of a receiver, enforcement of security, distress, or execution of a judgment.; or
10.5.4 as a result of any changes to the law, regulations or guidance governing these Terms or any change in interpretation or application thereof, that makes it unlawful or contrary to such law, regulation or guidance to perform or give effect to any obligation in terms of these Terms and such obligation cannot be severed from these Terms.
10.6 Wherever this Agreement confers a right on us to terminate this Agreement, we may choose to suspend the Service without prior notice to you. Such suspension shall not affect our ability to later terminate the Agreement. We will notify you if we exercise our rights under this Clause, the reasons for doing so and the procedure for rectifying any factual errors that led us to suspend the Service, unless we are prohibited from doing so under the Applicable Law. We may charge you the reasonable costs of any such notification.
10.7 If a Force Majeure Event prevents us from providing any of the Service for more than 4 weeks, we shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to you.
10.8 Termination of this Agreement shall not prejudice any of the parties' rights and remedies which have accrued as at the date of termination.
10.9 Upon termination of this Agreement, we shall provide you, free of charge, on paper or on another durable medium with the latest available yearly statements and an interim statement covering the period from the last date of the final yearly statement until the date of termination.
10.10 Charges for Services levied on a regular basis shall be payable by you only proportionally up to the termination of the contract. If such charges are paid in advance, they shall be reimbursed proportionally.
10.11 The termination of these Terms shall be without prejudice to the relevant local legislation, including the Credit Institutions and Financial Institutions (Payment Accounts) Regulations (S.L. 371.18), governing the rights of the parties to declare the framework contract unenforceable or void.
10.12 Termination of this Agreement shall not affect the coming into or the continuance in force of any provision of this Agreement which is expressly or by implication to come into effect or to continue in effect after such termination.
10.13 If, upon termination of these Terms, you hold funds in your Account, we will provide you or your heir, as the case may be, with a reasonable time period within which you must withdraw the remaining balance. Once the time period specified has elapsed, you will no longer be able to access your Account and you must contact customer services to withdraw the remaining balance within a period of two (2) years from the date of termination of these Terms. Upon the lapse of the two (2) year period, the remaining balance will be deposited with the Courts in Malta.
10.14 Termination of these Terms by you pending an investigation conducted by us may result in us freezing your Account. You will remain liable for any obligations related to your Account even after it is closed.
11. Obligations on Cancellation or Termination
11.1 On cancellation, termination or expiry of this Agreement for any reason:
11.1.1 each party shall pay to the other all amounts owed by it to the other party under or in connection with this Agreement;
11.1.2 we will Redeem any outstanding WME Electronic Money Balance in accordance with Clause 2.4, subject to Clause 4.4;
11.1.3 any Clause reasonably intended to survive the termination or expiry of this Agreement shall do so; and
11.1.4 except to the extent required for the performance of its remaining obligations under this Agreement or compliance with Applicable Laws, each party shall promptly:
11.1.4.1 return to the other party all documents and materials (and any copies) containing the other party's Confidential Information;
11.1.4.2 erase all the other party's Confidential Information from its computer systems (to the extent possible); and
11.1.4.3 on request, certify in writing to the other party that it has complied with the requirements of this Clause 11.1.4.
12. Intellectual Property Rights
12.1 All Intellectual Property Rights in the Service, as well as the Transaction Data in our computers and systems, shall vest and remain vested in us or our licensors.
12.2 Except as expressly provided in this Agreement, no rights or obligations in respect of a party's Intellectual Property Rights are granted to the other party, or are to be implied from this Agreement.
12.3 You hereby grant to us a royalty-free, non-exclusive, non-transferable, non-assignable (except where permitted under this Agreement) worldwide licence to use the Intellectual Property Rights owned by you (and your licensors) in the information provided by you to us to the extent that is necessary for us to perform our obligations and exercise our rights under this Agreement, including the right for us to publish your name and logo within and in connection with the Service to acknowledge you as a participant in the Service.
12.4 You must not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, translate, reverse engineer, decompile, disassemble, modify or otherwise exploit the Service or information or materials in which the Intellectual Property Rights are owned by us or a Business.
12.5 To the extent that the Service includes any software, computer program or code, including any application programming interfaces (“Our Software”), you agree:
12.5.1 not to copy or otherwise reproduce Our Software except where such copying is incidental to the use of Our Software in accordance with this Agreement, or where necessary for the purpose of back up or operational security;
12.5.2 not to sublicense, translate, merge, adapt, vary or modify Our Software, or any part of it;
12.5.3 not to make alterations to, or modifications of, Our Software or any part of it, or permit Our Software or any part of it, to be combined with, or become incorporated in, any other materials, programs or software;
12.5.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Our Software or attempt to do any such thing except to the extent that such actions cannot be prohibited under Applicable Law.
13. Confidentiality
13.1 Each party undertakes that it will not at any time during the Term and for a period of five years after termination or expiry, use, divulge or communicate to any person any information that it receives which is marked or otherwise indicated as being confidential concerning the business or affairs of the other party including but not limited to information relating to a party's operations, processes, plans, product information, know-how, designs, trade secrets, software, market opportunities and customers (“Confidential Information”), provided that Confidential Information shall not include:
13.1.1 information that was already lawfully in the possession of the receiving party free of any obligation of confidentiality;
13.1.2 information that has previously become publicly available other than through the fault of the receiving party;
13.1.3 information that is independently developed by the receiving party without accessing the Confidential Information; and
13.1.4 information that is required to be disclosed under Applicable Law, court order or by any stock exchange or governmental or regulatory authority having applicable jurisdiction or for the purpose of any arbitral or judicial proceedings arising out of this Agreement.
14. Data Protection
14.1 We will comply with our obligations under Data Protection Legislation in relation to the processing of Personal Data in connection with this Agreement. We process Personal Data about individuals in accordance the terms of our Privacy Policy and Cookie Policy.
14.2 You agree, prior to submitting any personal data in relation to any third parties to our systems, to make such third parties aware of our Privacy Policy and Cookie Policy and to make sure that the provisions of such Privacy Policy and Cookie Policy are communicated to them.
15. Complaints Handling
15.1 If you wish to make a complaint about the Service, you can email us at complaints@webmoney.eu, with brief details of your complaint and the email address associated with your Business Account.
15.2 If the complaint is not resolved within 3 business days after the complaint is received, we initiate a formal complaints handling procedure. We will acknowledge your complaint by email within 5 business days. The email will contain details of the Complaints Procedure and your right to refer the complaint to the Office of the Arbiter for Financial Services if you are dissatisfied with our assessment and ruling.
15.3 Within 15 days after receiving a complaint, we will send you a final response.
15.4 In exceptional situations, if the decision cannot be given within fifteen (15) business days, we will inform you accordingly, clearly indicating the reasons for a delay in finalising our response to the complaint and specifying the deadline by which you will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed thirty-five (35) business days. Whether your complaint is accepted or rejected, our final reply will confirm closure of investigation and the decision resulting from it.
15.5 If your complaint is not ultimately handled to your satisfaction after being dealt with in accordance with our internal complaint handling procedures, you may subsequently refer the complaint to the Office of the Arbiter for Financial Services, First Floor, St. Calcedonius Square, Floriana, FRN1530, Malta. Further details may be found at: http://financialarbiter.org.mt. The Office of the Arbiter for Financial Services may be contacted on 80072366 (freephone) or by sending an email to complaint.info@financialarbiter.org.mt.
15.6 You must fall within the definition of an “eligible customer” in terms of the Arbiter for Financial Services Act (Chapter 555 of the laws of Malta) in order to be able to resort to the Office of the Arbiter.
15.7 If you do not fall within the definition of an “eligible customer” in terms of the Arbiter for Financial Services Act (Chapter 555 of the laws of Malta) and therefore you are unable to refer your complaint to the Office of the Arbiter for Financial Services, you have the right to refer your complaint to the Central Bank of Malta.
15.8 Other interested parties, including consumer associations, also have the right to refer their complaints to the Central Bank of Malta in the event that their complaint is not ultimately handled to their satisfaction after being dealt with in accordance with our internal complaint handling procedures.
16. Assignment and Sub-contracting
16.1 You may not assign or transfer or sub-contract any of your rights, benefits or obligations under this Agreement.
16.2 We may assign and transfer its rights and obligations under this Agreement to:
16.2.1 any person to which we transfer the part of our business to which this Agreement relates; and
16.2.2 we may sub-contract the performance of any of our obligations under this Agreement to any party, subject to compliance with Applicable Law.
16.3 If we assign or transfer any of our rights or obligations under this Agreement, we will promptly notify you.
17. Governing law
17.1 This Agreement shall be governed by, and construed in accordance with Maltese law. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to the non-exclusive jurisdiction of the courts of Malta.
18. Notices and communication
18.1 This contract is in English and we shall communicate with you in English. Any translation into another language shall be for information purposes only and for the purpose of the interpretation of this Agreement the English language version shall prevail. Any notice or other communication required to be given to a party under or in connection with this Agreement shall be sent:
18.1.1 to us by e-mail at notice@webmoney.eu; or
18.1.2 to you via your Business Account or by email to the address given by you in your Business Account.
18.2 Any notice or other communication shall be deemed to have been duly received the next business day following the notice being communicated.
18.3 It is your responsibility to ensure that all communications received from us have been reviewed and addressed (where necessary).
18.4 We shall have no liability to you for any direct, indirect or consequential loss arising from breach of confidentiality or otherwise if any other person has sight of or obtains access in any manner to any communication sent to your email address. Internet communications cannot be guaranteed to be timely, secure, delivery error free or virus free. We shall not accept any liability for any errors, non-delivery or omissions which may arise with e-mail communications. Proper receipt by us of any e-mail communication shall be conclusive evidence of any instructions transmitted by you.
18.5 We will act upon any instructions given by phone or email if it reasonably appears to us that the communication was sent by you and we shall not be liable for acting in good faith on such communication. In the event that the communication was not sent by you, we shall not accept liability for any loss you may incur. We shall not be liable for any loss you incur if either you or we do not receive an email which is sent to the last e-mail address notified to the other party or if an e-mail, which is so addressed, is received or seen by any third party.
18.6 We shall not be under any duty to verify the identity of the person or persons giving instructions by phoneor e-mail and any transaction made pursuant to any communication received by us and reasonably believed to have been sent to us by you shall be binding upon you.
18.7 You agree to hold us harmless and to indemnify us at all times from and against all actions and/or losses incurred by us which shall have arisen directly or indirectly out of or in connection with us and acting in reliance on any such phone or e-mail communication from time to time notwithstanding that any such instructions may not have emanated from you.
19. Waiver
19.1 A waiver of any right under this Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided under Applicable Law. No failure or delay by a party in exercising any right or remedy under this Agreement or under Applicable Law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
20. Severance
20.1 If a court or any other competent authority finds that any provision of this Agreement is invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
21. No partnership
21.1 Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
22. Third parties
22.1 This Agreement is not intended to confer any benefit on any person who is not a party to it, and a person who is not a party to this Agreement has no right under the Agreement to enforce any terms of this Agreement.
22.2 You may explicitly choose to allow third party providers to access information on your Account for the purposes of combining and displaying this information with information on other accounts you have with other payment service providers, and, to have access to your account in order to make payments. The third-party provider must be an entity authorised to conduct this service by the MFSA or by another European regulator. You must check with the applicable regulator whether the third-party provider is authorised to conduct the service before subscribing.
22.3 When you explicitly give consent for a third party provider to have access to information from your Account, we must be kept informed of any incorrect or unauthorised transactions for us to be able to take action and arrange for a refund, in accordance with these Terms.
22.4 We reserve the right to refuse or stop a third-party provider’s access to your Account if we believe that the third-party provider is acting/has acted fraudulently or is not authorised to conduct the services. We undertake to inform you in instances where a third-party provider is refused access or has its access stopped and reasons will be provided as to why such action has been taken unless this would compromise our security or if it would be unlawful to do so.
23. Anti-Corruption
23.1 Each party shall at all times in its dealings with the other comply, and shall ensure that its personnel comply, with all Applicable Law related to bribery and corruption.
24. Definitions
In this Agreement:
Account Access Codes - password, log-in details and other access codes and any security information relating to your Business Account;
Applicable Law - means the Financial Institutions Act and all other legislation, regulation and related guidance that applies to the Service or the activities in connection with which the Service is used;
Business - means a person or other legal entity which is permitted to accept WME Electronic Money as payment for the supply of its goods or services;
Business Account - means a Business’s WME Electronic Money account in our systems;
Business Day - means a Business’s WME Electronic Money account in our systems;
means any day other than a Saturday or a Sunday or a public or bank holiday in Malta;
Claims - means complaints, disputes, actions, demands, claims, proceedings, losses, damages or other liability of any kind;
Consumer - means an individual we have registered for a Personal Account;
Control (including the terms "controlled by" and "under common control with") - means the direct or indirect ownership or control of more than 50% of the voting rights or shares in a corporation or other body corporate;
Data Protection Legislation - means the EU General Data Protection Regulation 2016/679 as well as the Data Protection Act, chapter 586 of the laws of Malta, together with all other applicable legislation relating to privacy or data protection and including any statute or statutory provision which amends, extends, consolidates or replaces the same;
Electronic Money - has the meaning given to it in the Financial Institutions Act, chapter 376 of the laws of Malta and means electronic money issued by us and denominated in Euros;
Electronic Money Balance- means the current balance of WME Electronic Money in your Business Account;
Electronic Money Customer Funds Account- means one or more segregated bank accounts in which the funds corresponding to the balance of WME Electronic Money in your Business Account will be held by us separately from our own funds, in accordance with the provisions of the Financial Institutions Act, chapter 376 of the laws of Malta;
Fees - means the fees and charges listed in Schedule 1;
Intellectual Property Rights - means patents, trademarks, service marks, logos, trade names, internet domain names, copyright (including rights in computer software) and moral rights, database rights, semi-conductor topography rights, utility models, rights in designs, rights in get-up, rights in inventions, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, and all rights or forms of protection having equivalent or similar effect anywhere in the world and registered includes registrations and applications for registration;
Large Business - means if your annual turnover and/or annual balance sheet total exceeds €2 million and you have at least ten (10) employees
Large Charity – means if you are a charity with annual income of £1 million or more
Member State – means a member of the European Union and includes an EEA state;
Nobel Financial Limited - means Nobel Financial Limited, a company incorporated in Malta (company number С 66961) whose registered head office is 68, Northfields, Penthouse No. 9, Independence Avenue, Mosta MST 9026, Malta. Nobel Financial Limited is authorised by the Malta Financial Services Authority under the Financial Institutions Act, chapter 376 of the laws of Malta (Firm Ref. No. (C 66961) for the issuing of electronic money.
Payee - means a natural or legal person who is the intended recipient of fund which have been the subject of a payment transaction.
Payer - means a natural or legal person who holds a payment account and allows a payment order from that payment account, or, where there is no payment account, a natural or legal person who gives a payment order.
Payment Initiation Service Provider - means a payment service provider pursuing business activities as defined in the Financial Institutions Act, chapter 376 of the laws of Malta.
Personal Account - means a Consumer’s WME Electronic Money account in our systems;
Personal Data- has the meaning given to it in the Data Protection Legislation;
Service- means the service described in Clause 1.1;
Transaction - means a Payment, Refund, Transfer or a Redemption, as defined in Clause 1;
Transaction Data - means the data relating to each Transaction;
Transaction Limit - means a limit on the type or volumes of Transactions, for example, a maximum total value of all Transactions in respect of any specified period of time or a monetary limit (of which we notify you) above which you must obtain our authorisation prior to completing a Transaction;
WME Electronic Money - means Electronic Money issued by us, denominated in Euros;
WebMoney Transfer System – means the IT platform operated by WM Transfer Ltd., through which you have applied to open a Personal Account with us.
Schedule 1
Fees
The Fees applicable to the use of the Service are published at: www.wmtransfer.com/eng/information/rates/index.shtml
Please note that units of WME Electronic Money refer to units of the currency in which that WME Electronic Money is denominated. So 0.01 WME Electronic Money = EUR 0.01
These terms and conditions (“Agreement”, “Terms”) govern the supply of the Service operated by Nobel Financial Limited (“we”, “us”, “our”) to a person or entity whose application to register for one of our Business Accounts is accepted by us (“you”, “your”).
Capitalised terms that are not defined where they appear in this Agreement have the meaning given to them in Clause 24 below. The term of this Agreement (“Term”) shall start on the date you agree it when registering for a Business Account and, if we accept your application, this Agreement shall continue unless cancelled by you or terminated by you or us in terms of this Agreement.
These Terms apply to you if you are not considered to be:
1. a consumer, that is, a natural person who is acting for purposes other than his or her trade, business or profession; OR
2. a microenterprise in terms of the Business Promotion Regulations (S.L.325.06 of the laws of Malta) (“Microenterprises”).
Before entering into a relationship with us, you must:
1. Read these Terms;
2. Confirm agreement with these Terms; and
3. Provide us with all such information and documentation as may be reasonably required for us to comply with our regulatory obligations in terms of Maltese law.
You confirm that the information provided to us during the account opening process is correct and that we will be immediately notified of any change in the details provided. You shall bear any losses incurred by us due to the submission of invalid, inaccurate or incorrect information. By entering into these Terms, you give us, or a third party acting on our behalf, consent to verify any information provided.
In addition to this Agreement, you agree to the terms of our Privacy Policy and Cookie Policy. We will process any Personal Data provided to us during the Term of this Agreement in accordance with Data Protection Legislation and the terms of our Privacy Policy and Cookie Policy.
We hold a financial institution licence issued by the Malta Financial Services Authority (“MFSA”), situated at Triq l-Imdina, Zone 1, Central Business District, Birkirkara, CBD 1010, Malta (Tel: 21441155), to provide electronic money and payment services in terms of our licence issued pursuant to the Financial Institutions Act Chap. 376 of the Laws of Malta (“Services”). Particulars of the licence issued to us and the specific services covered by that licence may be obtained from the Financial Services Register available on the website of the MFSA which may be accessed at the following link: https://www.mfsa.com.mt/financial-services-register/.
As an electronic money institution licenced in terms of the Financial Institutions Act, we conduct our Services in accordance with Directive No 1 in terms of the Central Bank of Malta Act (Chapter 204 of the laws of Malta) (“Directive”).
In the event of a conflict or inconsistency between the Directive and these Terms, these Terms shall control and govern the rights and obligations of the parties to these Terms, to the extent permissible in terms of the Directive.
The Directive is accessible at the following link: https://www.centralbankmalta.org/centralbankofmaltadirectives.
At all times, we may only provide any of the services as set out in these Terms to the extent that we are licensed to do so by the MFSA, and in which case, we shall be bound to act in accordance with the terms of our Financial Institution Licence and any regulations, rules and/or directives made under the Financial Institutions Act.
We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services without notice and without liability.
We are licensed by the MFSA to issue and hold electronic money. Electronic money which we hold on your behalf will not be used to invest or lend to other persons or entities and will not accrue interest, whether in favour or against you.
Your funds will be held in one or more segregated bank accounts as we may determine from time to time, separate from our funds. ELECTRONIC MONEY ISSUED BY US WILL NOT BE COVERED BY THE DEPOSITOR COMPENSATION SCHEME REGULATIONS (SUBSIDIARY LEGISLATION 371.09 OF THE LAWS OF MALTA).
Please read this Agreement and any document referred to herein and download a copy for your records before using the Service. Please note that we may change this Agreement on 2 months’ notice to you from time to time without liability. We will post any changes on this page and notify you in your Business Account and/or by email. You may terminate this Agreement immediately and without charge before the proposed changes take effect, otherwise you shall be deemed to have accepted such changes when the 2 months’ notice expires.
Amendments made to these Terms and/or any other agreement in place between you and us which are required by law or which relate to the addition of a new service, extra functionality as regards the existing Services, a reduction in the cost of the Services or other changes which do not reduce your rights or increase your responsibilities may be made without the need for us to provide prior written notice. Such changes will become effective immediately.
1. Your Business Account
1.1 As further described in Clause 2, the Service enables you to:
1.1.1 purchase WME Electronic Money;
1.1.2 receive payment in WME Electronic Money for your supply of goods or services to a Consumer (“Payment”);
1.1.3 make a refund of WME Electronic Money in relation to a Payment made to you (“Refund”);
1.1.4 make or receive a transfer of WME Electronic Money to or from another Consumer or Business (“Transfer”); and
1.1.5 exchange your WME Electronic Money for an equivalent amount of funds in the same currency in which your WME Electronic Money was denominated (“Redeem” and “Redemption” shall be construed accordingly)
provided that you comply with all Applicable Law and do not use the Service for any of the prohibited purposes listed on the Service: (https://www.wmtransfer.com/eng/help/general/tabu.shtml) from time to time, including the sale of unlawful images or age-restricted goods or services to persons under the age of 18 or otherwise use the Service in ways that might damage our reputation or goodwill.
1.2 Your WME Electronic Money Balance does not earn interest and is not insured or guaranteed by any person or entity or covered by the Depositor Compensation Scheme.
1.3 To be eligible for a Business Account, you must be:
1.3.1 A sole trader who is at least 18 years old acting in the course of a profession, trade or business; or
1.3.2 a company or a partnership.
1.4 Notwithstanding Clause 1.3, an account may, subject to our acceptance, be opened in the name of a person who is under the age of 18 years old (“Minor”) but subject to:
1.4.1 the laws and regulations in the jurisdiction of residence of the Minor; and/or
1.4.2 additional consent of either the Minor’s parents or the Minor’s guardian/s in relation to any transactions. Evidence of such authority and/or consent/s, including those of any Court, in relation to particular transactions, may be requested. The Minor’s parent/guardian will have the power to manage the account on behalf of the Minor until his/her 18th birthday (or until the Minor’s emancipation). Upon evidence of the Minor attaining 18 years of age (or having been emancipated), the minor (now the adult) will have the exclusive right to manage his/her account and the parents/guardian’s authority over the account will automatically cease to apply.
1.5 To guard against fraud, we may notify you of one or more Transaction Limit(s) from time to time that you must not exceed without our prior written consent.
1.6 You can access your details of your Transaction Data and other information relating to you and your use of the Service by logging into your Business Account. You agree that we are not required to send you statements, either in the post or electronically.
1.7 The records kept in the Service shall be conclusive of the facts and matters they purport to record. We reserve the right to correct the balance of your Business Account if we believe that an administrative error, or an error in billing or accounting has occurred.
2. Transactions
2.1 You can purchase WME Electronic Money by using one of the payment methods specified in your Business Account. The balance in your Account will reflect the amount of Electronic Money purchased by you from us. If we receive money in our accounts in a currency other than the currency indicated to us when we provided you with the bank account details, then we will not be liable for any losses that are incurred by you for any currency conversion performed. You acknowledge and agree that your purchase of WME Electronic Money is a separate transaction from any Payment or Transfer that you make using that WME Electronic Money.
2.2 When you initiate a Refund or Transfer, and you have a sufficient WME Electronic Money Balance to fund the Refund or Transfer, we will debit your Business Account for the amount of the Refund or Transfer and immediately credit that amount to the relevant Business Account or Personal Account (as the case may be).
2.3 When a Consumer initiates a Payment, or another Consumer or Business initiates a Transfer to your Business Account, and they have a sufficient WME Electronic Money Balance to cover that Payment or Transfer, we debit their Consumer Account or Business Account (as the case may be) for the amount of the Payment or Transfer and immediately credit that amount of WME Electronic Money to your Business Account.
2.4 You may Redeem all or part of your WME Electronic Money Balance by any of the relevant methods specified on the Service from time to time, which may be subject to you satisfying additional checks that we may be required to make under Applicable Law.
2.5 We may suspend the processing of any Transaction where we reasonably believe the Transaction may be fraudulent, prohibited under Applicable Law or involves any criminal activity. Any Transaction request that we lawfully refuse to process will not be deemed to have been received for purposes of execution times and liability for non-execution or defective execution. We will notify you if we exercise our rights under this Clause, the reasons for doing so and the procedure for rectifying any factual errors that led us to suspend the processing of the Transaction, unless we are prohibited from doing so under the Applicable Law. We may charge you the reasonable costs of any such notification.
2.6 You must establish and maintain procedures and security features to try to prevent unauthorised access, unlawful processing, accidental loss or destruction of, or damage to any Personal Data contained in Transaction Data made available to you under this Agreement.
2.7 Subject to the provisions limiting our liability under Clause 8 below, in order to reclaim an unauthorised or incorrectly executed Refund or Transfer on your Business Account including those related to the non-execution, defective execution or late execution of a payment, you must notify us without undue delay after becoming aware of such a Transaction by email to finance@webmoney.eu:
2.7.1 If you are a Large Business or Large Charity, no later than sixty (60) days after the debit date of the Transaction; or
2.7.2 If you are not a Large Business or Large Charity, no later than thirteen (13) months after the debit date of the Transaction.
2.8 We shall be liable for any chargebacks initiated by Consumers in relation to their purchase of WME Electronic Money using a payment card, (but not in relation to their purchases from you using the WME Electronic Money they have purchased), provided that you give us such information and assistance as we reasonably request to challenge or dispute any such chargebacks.
2.9 You may enquire about the processing of any Transaction by emailing us at finance@webmoney.eu.
2.10 In addition, you agree to maintain any minimum balance in your Business Account in such amount as we may estimate to be sufficient to cover anticipated Refunds or Claims.
2.11 You also agree to procure, within 14 days after our written notice to do so, a guarantee, insurance policy or other security interest in our favour in such form and over such assets as we may reasonably require to secure the performance of your obligations under this Agreement.
2.12 You shall:
2.12.1 cooperate with us and provide to us all information that we shall reasonably require to enable us to provide the Service;
2.12.2 display the ability to accept Payments in a manner consistent with our brand guidelines, as communicated to you from time to time;
2.12.3 comply with all your legal, regulatory and contractual obligations to Consumers in respect of all Payments, Refunds and Transfers;
2.12.4 only accept Payments from and/or make Refunds to Consumers in connection with goods and/or services which you have lawfully sold and supplied to those Consumers in the ordinary course of the business identified to us when you applied to use the Service;
2.12.5 refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation or goodwill.
Consent and Revocation of Payment Orders
2.13 A payment transaction shall be considered to be authorised only if you have given consent in accordance with these Terms.
2.14 Consent to execute a payment transaction may also be given via the Payee in a transaction or by your Payment Initiation Service Provider. In the absence of such consent the payment transaction shall be considered unauthorized.
Receipt of a Payment Order
2.15 The point in time of receipt of an order for a payment transaction shall be the time when the order transmitted directly by you or indirectly by your Payment Initiation Service Provider, is received by us. Your Account will only be debited once we have received the order.
Payment Transaction to a Payment Account
2.16 We shall ensure that after the point in time of receipt of an order for the execution of a payment transaction as defined above, the amount of the payment transaction is credited to the Payee’s WME Electronic Money Account at the latest by the end of the next Business Day.
2.17 In instances where you are the Payee, we shall value date and make available the amount of the payment transaction to your Account after we have received the funds as outlined hereunder.
2.18 The credit value date for your Account shall be no later than the Business Day on which the amount of the payment transaction is credited to our account. We shall ensure that the amount of the payment transaction is at your disposal immediately after that amount is credited to our account.
2.19 In a situation of receipt of funds by you, we shall ensure that the amount of the payment transaction is at your disposal immediately after that amount is credited to your Account where, on our part there is:
2.19.1 No currency conversion; or
2.19.2 A currency conversion between the Euro and a Member State currency or between two Member State currencies.
This shall also apply to payment transactions involving a sole payment service provider.
2.20 The debit value date for the Payer’s payment account shall be no earlier than the point in time at which the amount of the payment transaction is debited to that payment account.
3. Restrictions on the Use of the Services
3.1 It is not permitted to:
3.1.1 use the Services for any illegal purposes, including, but not limited to fraud and money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, the unlawful purchase or sale of tobacco, firearms, prescription drugs, other controlled substances or other products prohibited by law. Suspicious activity will be reported and we will cooperate with any relevant law enforcement agency or regulator;
3.1.2 use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full;
3.1.3 breach these Terms or any other agreement or policy that you have agreed with us;
3.1.4 create more than one account with us without our prior written consent;
3.1.5 use the Services to violate any law, statute, ordinance, or regulation;
3.1.6 use the Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
3.1.7 infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
3.1.8 act in a manner that is defamatory, libellous, threatening or harassing when using the Services;
3.1.9 provide us with false, inaccurate or misleading information;
3.1.10 use the Services to engage in debt-collection activities;
3.1.11 instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
3.1.12 attempt to intentionally or knowingly receive or attempt to receive funds from both us and a merchant for the same transaction;
3.1.13 control an account opened with us that is linked to another account opened with us that has engaged in any of these restricted activities;
3.1.14 conduct your business or use the Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to us, other users of our Services, third parties or you;
3.1.15 allow any of the currencies in your Account to have a negative balance;
3.1.16 take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Services;
3.1.17 take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
3.1.18 use the Services to test credit card behaviours;
3.1.19 circumvent any of our policies or determinations about your Account including, but not limited to, attempting to create a new or additional account when an account has a negative balance or has been restricted, suspended or otherwise limited;
3.1.20 creating new or additional accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s account;
3.1.21 harass our employees, agents, or other users of our Services;
3.1.22 refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
3.1.23 use the Services in a manner that we believe may be a violation of any applicable law or regulations;
3.1.24 refuse or fail to provide further information about you or your business activities that we may reasonably request;
3.1.25 use the Services in a manner that leads us to initiate a disproportionate number of chargebacks;
3.1.26 have a credit score provided by a third-party provider of our choosing which indicates a higher level of risk associated with your use of the Services;
3.1.27 reveal your Account Access Codes to anyone or use anyone else’s account.
3.2 You must ensure that transactions are only entered into when they relate to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via a Nobel Financial Limited transaction is not an indication of the legality of the supply or provision of the goods and services.
3.3 We reserve the right to refuse to perform a transaction which is directly or indirectly associated with any country which we deem to be termed as “Restricted Country” or which we deem to constitute a risk. A list of Restricted Countries will be published through the platform.
3.4 If we, in our sole discretion, believes that you may have breached the provision of these Terms, we may take action to protect ourselves, other users of our Services and third parties. The action we may take includes but is not limited to:
3.4.1 closing, suspending, or limiting your access to your Electronic Money Account or any or all of the Services;
3.4.2 contacting other users of our Services who have transacted with you;
3.4.3 contacting your bank or credit card issuer; and/or warning other users of our Services, law enforcement, or impacted third parties of your actions;
3.4.4 updating inaccurate information you have provided to us;
3.4.5 taking legal action against you;
3.4.6 terminating these Terms or access to the platform;
3.4.7 fully or partially reversing a transaction; and/or
3.4.8 blocking your access to your Account and/or platform temporarily or permanently.
3.5 Where possible, we will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
3.6 The Services provided by us may not be available in countries where the use thereof is prohibited by local law. If in doubt you should contact a legal adviser. We will not be responsible for the use of our Services by persons in countries where the use of such Services is prohibited, and the availability of such service in any territory or jurisdiction whatsoever should not be construed as any acknowledgment on our part as to the legality of the provision of such service in that territory or jurisdiction.
3.7 You hereby agree to indemnify us in respect of any action, claim or proceeding brought against us as a result of you using any of our Services that are prohibited by local law in your country of residence. You will remain liable for any costs we incur in this regard.
4. Claims
4.1 Except as expressly provided in this Agreement, each Business shall be solely responsible for all Claims relating to the supply of any goods or services to you by that Business, and it is the Business’s responsibility and not ours, to resolve any Claim.
4.2 We do not control or assume liability for the legality, quality, fitness for purpose or use of the goods and services that are paid for using the Service. We do not guarantee the identity of any Business or Consumer, or that a Business will make Refunds due and payable to you. However, we may stop, block or suspend any Transaction:
4.2.1 if we believe or suspect that the Transaction is or was not authorized or is unlawful, suspicious, or in breach of this Agreement; or
4.2.2 if the Transaction is reversed by a court, regulatory authority or other third party acting in accordance with Applicable Law.
4.3 We shall be responsible for resolving any Claim by you in relation to your Business Account, including any Claim in relation to your purchase of WME Electronic Money or your initiation of a Transaction through the Service.
4.4 Without prejudice to any other rights or remedies we may have in respect of:
4.4.1 any costs we reasonably incur in respect of Claims relating to you; and
4.4.2 any amounts reasonably required to cover any sum due to us from you under this Agreement,
we may in our sole and absolute discretion deduct or withhold such sums from, or set-off such sums against, any payment due to you under this Agreement or send you an invoice for any or all such sums, which invoice shall be payable in accordance with its terms.
4.5 We may, from time to time, reasonably request you to provide copies of Transaction Data, in which event you shall provide such copies to us within seven (7) days of such request being received.
4.6 Upon our request, you shall:
4.6.1 disclose to us such information as we reasonably require relating to the performance of the Services or obligations under this Agreement or Applicable Law; and
4.6.2 take all reasonable steps to assist us in handling any Claim or query raised by a Consumer or any other third party in relation to the Services or any Transaction.
4.7 You shall advise us in writing as soon as you become aware of any act, omission or error which does or may:
4.7.1 cause material loss or damage to us (including damage to our reputation); or
4.7.2 adversely affect your ability to perform your obligations under the Agreement;
4.7.3 actual or suspected violation or compromise of the security or integrity of any Transaction Data or any other information relating to the Service or any of our Confidential Information at any time obtained or held by you;
4.7.4 material change in the nature of your business or in the goods and/or services supplied to your customers or of any additional business commenced by you or of your cessation of business; and/or
4.7.5 change of your Control, or any proposed or reasonably anticipated change of your Control.
5. Fees and Taxes
5.1 In consideration of us supplying the Service to you, you shall pay to us the Fees specified in Schedule 1 in accordance with the settlement process also specified in Schedule 1. While VAT does not currently apply to the Service or Fees, the Fees are exclusive of amounts in respect of any VAT that might apply in future, for which you would be liable.
5.2 We are not responsible for determining whether any value added tax, sales tax or any other tax applies to your sales or WME Electronic Money receipts, or for collecting, reporting or remitting any such taxes.
6. The Security of your Business Account
6.1 You must take reasonable steps to keep your Account Access Codes safe and prevent fraudulent use of your Business Account (and must ensure that any person to whom you disclose your Account Access Codes takes the same reasonable steps). Those steps include keeping your Account Access Codes confidential and secure from unauthorised individuals, not writing down any item of Personal Data and Account Access Codes together and taking reasonable care to ensure that you are not observed or overheard when using your Account Access Codes. You will immediately terminate the access rights of any of your authorised users who ceases to act in an authorised capacity on your behalf for any reason, including, for example, because of a change in employment status.
6.2 You shall be solely responsible for creating an appropriately strong password within your Account Access Codes and for updating it from time to time.
6.3 You are responsible for the use of your Account Access Codes by any other person whom you have allowed to access them, subject to Clauses 6.4 and 6.5.
6.4 You must inform us without undue delay by sending us an email to security@webmoney.eu on becoming aware of the loss, theft, misappropriation or unauthorised use of your Account Access Codes or if you believe an unauthorized person knows your Account Access Codes or can use the Service by impersonating you. In the event that we become aware of any unauthorised use of your Account or if we suspect that the password has been compromised and/or misappropriated by a third party, we shall communicate with you using such secure procedure/s as we shall consider necessary and/or appropriate in the circumstances. This may include contacting you on any contact number or email address indicated by you during the account opening process.
6.5 As long as the correct Account Access Codes are entered when your Business Account is accessed and you have not notified us of a problem with your Account Access Codes under Clause 6.4:
6.5.1 we will assume that you are the person accessing your Business Account and you will be liable for its use,
6.5.2 you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
6.5.3 we will not be responsible for any unauthorised access to your Business Account or the information within it.
6.6 Provided that you have not breached the other terms contained in this Clause 5, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to Business Account (subject to the limits on our liability in terms of this Agreement).
6.7 We can refuse to act or process any Transaction if we consider in our sole and absolute discretion that any instruction:
6.7.1 is unclear, was not given by you or might cause us to breach any legal requirement or duty; and/or
6.7.2 we believe your Business Account or the Service is being used for fraud or any illegal purpose.
6.8 Except as expressly stated in this Agreement, you are solely responsible, for compiling and retaining your own record of all Transactions and other data associated with your use of the Service and your Business Account. After the termination or expiry of this Agreement, we shall have no obligation to you to operate your Business Account or retain copies or provide you with access to any data from it, except as otherwise stated in this Agreement.
6.9 You are solely responsible at your own expense for the provision of all equipment, software, systems and telecommunications facilities necessary for you to access, receive and use the Service in accordance with these Terms and in accordance with any technical requirements as may be specified by us.
6.10 We reserve the right to block your Account for objectively justified reasons relating to the security of your Account or the suspicion of unauthorised use of your Account. In such instances, we will inform you of the blocking of your Account and the reasons for it via our platform or via any other communication method provided by you during the account opening process. We undertake to inform you, where possible, before your Account is blocked and at the latest, immediately thereafter, unless informing you would compromise objectively justified security reasons or is prohibited under any European Union law or Maltese Law. We will unblock your Account or replace it with a new account once the reasons for blocking no longer exist.
6.11 We shall be under no duty to verify the identity or authority of any person making a request, giving instruction or effecting a transaction through your Personal Account or the authenticity of the same, apart from verifying the Account Access Codes.
7. Warranties, Representations and Indemnities
7.1 You warrant and represent to us that:
7.1.1 all the information that you provide to us is true, complete and accurate and you will keep all such information up to date during the Term;
7.1.2 you will only use the Service for your own purposes and not on behalf of any third party;
7.1.3 you will comply with all Applicable Law when using the Service;
7.1.4 you will not attempt any unauthorized access to or otherwise interfere with the Service or any Business Account or Personal Account;
7.1.5 you will comply with all your contractual obligations and obligations under Applicable Law in relation to your sales of goods and services to Consumers;
7.1.6 you are not under any legal disability with respect to, and are not subject to any law or regulation which prevents your performance according to these Terms or any transaction contemplated herein; and
7.1.7 funds supplied by you for any purpose in connection with this Agreement shall, subject to the Terms, be at all times, free from any charge, hypothec, pledge, encumbrance or any other security interest whatsoever, and shall be beneficially owned by you and you will indemnify us against all claims or demands made by any person in relation thereto. You also agree to ratify and be bound by all transaction undertaken by us on your behalf in accordance with these Terms.
The above warranties and representations shall be deemed to be repeated each time you, for the duration of the relationship with us, provides instructions to us.
7.2 You shall indemnify and hold us harmless from and against any and all Claims brought against us by a Consumer or other third party, or which we may suffer or incur, to the extent such Claims arise out of or in consequence of or in connection with:
7.2.1 a Transaction;
7.2.2 a Claim;
7.2.3 any security breach in relation to your systems, or compromise or theft of data (including Personal Data and/or Transaction Data) held by you or on your behalf;
7.2.4 any breach by you of any warranty given under this Agreement;
7.2.5 6.2.5 a failure by you to comply with the requirements of Applicable Law; and
7.2.6 6.2.6 any reasonable steps taken in the protection of our interests in connection with:
7.2.6.1 any actual security breach or a security breach relating to any Transaction or Transaction Data;
7.2.6.2 any breach of the requirements of Applicable Law; or
7.2.6.3 any allegation of fraud made in relation to you or your business,
except, if and to the extent such Claim is caused by our negligence, breach of contract or wilful misconduct.
7.3 We shall indemnify and hold you indemnified from and against all losses, liabilities, damages, costs, claims and expenses (including reasonable legal fees and expenses) which you may suffer or incur to any third party in connection with:
7.3.1 Transaction Data; or
7.3.2 the requirements of a Regulatory Authority or Applicable Law,
which is attributable to our negligence, breach of contract or wilful misconduct, except if and to the extent caused by or contributed to by your negligence, breach of contract or wilful misconduct.
8. Limitation of Liability
8.1 This Clause 8sets out the entire liability of each party to the other for any breach of this Agreement and any representation, statement or tortious act or omission (including negligence) by each party arising under or in connection with it.
8.2 Subject to the provisions of Clause 8.4.3 or 8.5(as the case may be), in case of an unauthorised Transaction or a Transaction that was incorrectly executed due to an error by us, we shall at your request immediately, and in any event, no later than by the end of the following Business Day, after noting or being notified of the transaction, refund the payment amount including all related Fees deducted therefrom except where we have reasonable grounds for suspecting fraud and communicate those grounds to the relevant national authority in writing.
8.3 We may charge for information provided by us to you for corrective and preventative measures undertaken by us.
8.4 If you are not a Large Business or a Large Charity, the provisions of Clause 8.2shall not apply:
8.4.1 where an unauthorised Transaction arises from your failure to keep your Account Access Codes secure in accordance with Clause 6.1, in which case you shall remain liable for the first €50 EUR (or equivalent in GBP) unless:
8.4.1.1 you compromised the security of your Business Account with intent or gross negligence, in which case you shall be solely liable for all losses;
8.4.1.2 the unauthorized Payment occurred after you had notified us of the fact that your Account Access Codes had been lost or compromised,
in which case we shall remain liable from the date of such notification and refund immediately to you the amount of any subsequent unauthorised Transaction using the compromised Account Access Codes;
8.4.2 if you fail to give us a notice in accordance with Clause 6.4, in which case you shall remain liable for losses incurred up to the time of any later notification to us;
8.4.3 if you fail to notify us that you dispute an unauthorised or incorrectly executed Transaction within 13 months after the date of that Transaction.
We will provide you with the means to prove, for eighteen months after the notification, that you made such notification.
8.5 If you are a Large Business or a Large Charity, the provisions of Clause 8.2 shall not apply:
8.5.1 where the unauthorised Transaction arises from:
8.5.1.1 your failure to keep your Account Access Codes safe in accordance with this Agreement; or
8.5.1.2 any breach of this Agreement by you, or your negligence or wilful misconduct;
8.5.2 if you fail to notify us without undue delay of any loss of your Account Access Codes or other event that could reasonably be expected to have compromised the security of your Business Account when you become aware of such event; or
8.5.3 if you fail to dispute and bring the unauthorised or incorrectly executed Transaction to our attention within 60 days from the date of the Transaction.
We will provide you with the means to prove, for eighteen months after the notification, that you made such notification
8.6 Where applicable, we will restore the debited account to the state in which it would have been, had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for your Account shall be no later than the date on which the amount had been debited.
8.7 To the fullest extent permitted by Applicable Law, all warranties, conditions and terms that would otherwise be implied in this Agreement are hereby excluded and we make no representations or warranties, express or implied, with respect to merchantability, fitness for a particular purpose or non-infringement of the Service. We do not warrant or guarantee that the Business Account or the Service will always be available or operate error-free, or that any errors or omissions in the Service will be corrected.
8.8 Subject to Clause 8.7:
8.8.1 to the extent permitted by Applicable Law, our total liability arising under or in connection with this Agreement, whether arising in contract, negligence or otherwise, shall be limited to an amount equal to the total of (a) your then current WME Electronic Money Balance and (b) any Fees you have paid to us during the 12 months immediately preceding your Claim;
8.8.2 neither party shall be liable to the other for any loss of profit, goodwill, reputation, business, business opportunity, data, or any special, indirect or consequential damage or loss of any kind whatsoever arising under or in connection with this Agreement; and
8.8.3 Neither party shall be liable to the other as a result of any delay or failure to perform its obligations under this Agreement as a result of an event beyond its reasonable control (“Force Majeure Event”).
8.9 We shall not be liable for any operational failures preventing the use of the platform, interruptions preventing you from accessing the platform, and/or any liability arising from the use of the internet as a means of communication, and/or any damage or loss caused by matters relating to your own smartphone or other electronic device. We reserve the right to suspend, at any time, the Services provided on our platform. We will endeavour to inform you in advance of any anticipated and/or routine service or system interruptions on our part.
8.10 Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from its negligence, fraud or any other liability that cannot be excluded under Applicable Law.
8.11 Should a request or instruction for a transaction be incomplete or erroneous, any loss arising as a result thereof will be borne by you.
8.12 We shall not, to the extent permittable by law, be held liable for any damages or losses incurred (including loss of money, goodwill or reputation or other intangible losses) resulting directly or indirectly from the following situations:
8.12.1 A suspension of your Account or any other action taken with respect to the Account;
8.12.2 Your loss or inability to do business as a result of any changes made to these Terms or any policy issued by us; and
8.12.3 Illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data.
8.13 Liability in accordance with these Terms shall not apply in cases of abnormal and unforeseeable circumstances beyond the control of the party pleading for the application of those circumstances, the consequences of which would have been unavoidable despite all efforts to the contrary, or where we are bound by other legal obligations covered by national or EU legislation.
8.14 You shall indemnify us and hold us, our third-party service providers, our employees or agents who are authorised to act on our behalf harmless against all losses whatsoever which may be suffered by us as a result of, or in connection with, the following:
8.14.1 Your breach of the Terms;
8.14.2 Us entering into any transaction on your behalf; or
8.14.3 Us taking any of the steps which we are entitled to take in the event of default by you.
8.15 You shall remain liable under these Terms in respect of all charges and other amounts incurred through the use of the Account. This clause shall apply irrespective of any termination, suspension or closure of your Account.
9. Cancellation of this Agreement
9.1 If you are a sole trader, you may cancel this Agreement within 14 days after the day you agree to it by sending to us an email at cancellation@webmoney.eu stating that you wish to do so, in which case Clause 11 applies.
10. Termination of this Agreement
10.1 The relation between you and us is indefinite and shall remain in force until it is terminated in accordance with these Terms.
10.2 We may terminate this Agreement (in whole or in part) immediately by notice in writing if:
10.2.1 you breach the provisions of Clause 1.1 and/or Clause 6.1of this Agreement;
10.2.2 we determine, in our sole and absolute discretion, that the level of Claims or Refunds is unacceptable;
10.2.3 We are unable to verify your information in the manner set out in these Terms;
10.2.4 We have reason to believe that your use of the Services is damaging, corrupting, degrading, destroying, and/or otherwise adversely affecting the Services or any other software, firmware, hardware, data, systems or networks accessed or used by you;
10.2.5 there is significant fluctuation (whether positive or negative) in the aggregate number of transactions entered into by you;
10.2.6 we have reason to believe that you have acted or omitted to act in such a way which diminishes our business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect will give rise to any offence or any increased liability to us; or
10.2.7 we are unable to provide the Services due to the inability of any third party to provide us with any good and/or service that we require to provide the Services.
10.3 Subject to the provisions of Clause 10.4, either party may, at any time on a minimum of two months’ written notice to the other party, terminate this Contract.
10.4 If you are not a Large Merchant or a Large Charity, you may terminate this Contract by giving us one month’s prior written notice.
10.5 Either party may terminate this Agreement (in whole or in part) immediately by notice in writing if:
10.5.1 the other party is in material breach of any of its obligations under this Agreement and fails to remedy the breach (if capable of remedy) within thirty (30) days after receiving written notice to do so; or
10.5.2 the other party repeatedly breaches the Terms to reasonably justify the opinion of the party that this conduct is inconsistent with the other party having the intention or ability to give effect to the Terms; or
10.5.3 the other party in any jurisdiction enters into, applies for, or calls a meeting of members or creditors to consider a moratorium, administration, liquidation, or composition or arrangement with its creditors; or is the subject of appointment of a receiver, enforcement of security, distress, or execution of a judgment.; or
10.5.4 as a result of any changes to the law, regulations or guidance governing these Terms or any change in interpretation or application thereof, that makes it unlawful or contrary to such law, regulation or guidance to perform or give effect to any obligation in terms of these Terms and such obligation cannot be severed from these Terms.
10.6 Wherever this Agreement confers a right on us to terminate this Agreement, we may choose to suspend the Service without prior notice to you. Such suspension shall not affect our ability to later terminate the Agreement. We will notify you if we exercise our rights under this Clause, the reasons for doing so and the procedure for rectifying any factual errors that led us to suspend the Service, unless we are prohibited from doing so under the Applicable Law. We may charge you the reasonable costs of any such notification.
10.7 If a Force Majeure Event prevents us from providing any of the Service for more than 4 weeks, we shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to you.
10.8 Termination of this Agreement shall not prejudice any of the parties' rights and remedies which have accrued as at the date of termination.
10.9 Upon termination of this Agreement, we shall provide you, free of charge, on paper or on another durable medium with the latest available yearly statements and an interim statement covering the period from the last date of the final yearly statement until the date of termination.
10.10 Charges for Services levied on a regular basis shall be payable by you only proportionally up to the termination of the contract. If such charges are paid in advance, they shall be reimbursed proportionally.
10.11 The termination of these Terms shall be without prejudice to the relevant local legislation, including the Credit Institutions and Financial Institutions (Payment Accounts) Regulations (S.L. 371.18), governing the rights of the parties to declare the framework contract unenforceable or void.
10.12 Termination of this Agreement shall not affect the coming into or the continuance in force of any provision of this Agreement which is expressly or by implication to come into effect or to continue in effect after such termination.
10.13 If, upon termination of these Terms, you hold funds in your Account, we will provide you or your heir, as the case may be, with a reasonable time period within which you must withdraw the remaining balance. Once the time period specified has elapsed, you will no longer be able to access your Account and you must contact customer services to withdraw the remaining balance within a period of two (2) years from the date of termination of these Terms. Upon the lapse of the two (2) year period, the remaining balance will be deposited with the Courts in Malta.
10.14 Termination of these Terms by you pending an investigation conducted by us may result in us freezing your Account. You will remain liable for any obligations related to your Account even after it is closed.
11. Obligations on Cancellation or Termination
11.1 On cancellation, termination or expiry of this Agreement for any reason:
11.1.1 each party shall pay to the other all amounts owed by it to the other party under or in connection with this Agreement;
11.1.2 we will Redeem any outstanding WME Electronic Money Balance in accordance with Clause 2.4, subject to Clause 4.4;
11.1.3 any Clause reasonably intended to survive the termination or expiry of this Agreement shall do so; and
11.1.4 except to the extent required for the performance of its remaining obligations under this Agreement or compliance with Applicable Laws, each party shall promptly:
11.1.4.1 return to the other party all documents and materials (and any copies) containing the other party's Confidential Information;
11.1.4.2 erase all the other party's Confidential Information from its computer systems (to the extent possible); and
11.1.4.3 on request, certify in writing to the other party that it has complied with the requirements of this Clause 11.1.4.
12. Intellectual Property Rights
12.1 All Intellectual Property Rights in the Service, as well as the Transaction Data in our computers and systems, shall vest and remain vested in us or our licensors.
12.2 Except as expressly provided in this Agreement, no rights or obligations in respect of a party's Intellectual Property Rights are granted to the other party, or are to be implied from this Agreement.
12.3 You hereby grant to us a royalty-free, non-exclusive, non-transferable, non-assignable (except where permitted under this Agreement) worldwide licence to use the Intellectual Property Rights owned by you (and your licensors) in the information provided by you to us to the extent that is necessary for us to perform our obligations and exercise our rights under this Agreement, including the right for us to publish your name and logo within and in connection with the Service to acknowledge you as a participant in the Service.
12.4 You must not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, translate, reverse engineer, decompile, disassemble, modify or otherwise exploit the Service or information or materials in which the Intellectual Property Rights are owned by us or a Business.
12.5 To the extent that the Service includes any software, computer program or code, including any application programming interfaces (“Our Software”), you agree:
12.5.1 not to copy or otherwise reproduce Our Software except where such copying is incidental to the use of Our Software in accordance with this Agreement, or where necessary for the purpose of back up or operational security;
12.5.2 not to sublicense, translate, merge, adapt, vary or modify Our Software, or any part of it;
12.5.3 not to make alterations to, or modifications of, Our Software or any part of it, or permit Our Software or any part of it, to be combined with, or become incorporated in, any other materials, programs or software;
12.5.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Our Software or attempt to do any such thing except to the extent that such actions cannot be prohibited under Applicable Law.
13. Confidentiality
13.1 Each party undertakes that it will not at any time during the Term and for a period of five years after termination or expiry, use, divulge or communicate to any person any information that it receives which is marked or otherwise indicated as being confidential concerning the business or affairs of the other party including but not limited to information relating to a party's operations, processes, plans, product information, know-how, designs, trade secrets, software, market opportunities and customers (“Confidential Information”), provided that Confidential Information shall not include:
13.1.1 information that was already lawfully in the possession of the receiving party free of any obligation of confidentiality;
13.1.2 information that has previously become publicly available other than through the fault of the receiving party;
13.1.3 information that is independently developed by the receiving party without accessing the Confidential Information; and
13.1.4 information that is required to be disclosed under Applicable Law, court order or by any stock exchange or governmental or regulatory authority having applicable jurisdiction or for the purpose of any arbitral or judicial proceedings arising out of this Agreement.
14. Data Protection
14.1 We will comply with our obligations under Data Protection Legislation in relation to the processing of Personal Data in connection with this Agreement. We process Personal Data about individuals in accordance the terms of our Privacy Policy and Cookie Policy.
14.2 You agree, prior to submitting any personal data in relation to any third parties to our systems, to make such third parties aware of our Privacy Policy and Cookie Policy and to make sure that the provisions of such Privacy Policy and Cookie Policy are communicated to them.
15. Complaints Handling
15.1 If you wish to make a complaint about the Service, you can email us at complaints@webmoney.eu, with brief details of your complaint and the email address associated with your Business Account.
15.2 If the complaint is not resolved within 3 business days after the complaint is received, we initiate a formal complaints handling procedure. We will acknowledge your complaint by email within 5 business days. The email will contain details of the Complaints Procedure and your right to refer the complaint to the Office of the Arbiter for Financial Services if you are dissatisfied with our assessment and ruling.
15.3 Within 15 days after receiving a complaint, we will send you a final response.
15.4 In exceptional situations, if the decision cannot be given within fifteen (15) business days, we will inform you accordingly, clearly indicating the reasons for a delay in finalising our response to the complaint and specifying the deadline by which you will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed thirty-five (35) business days. Whether your complaint is accepted or rejected, our final reply will confirm closure of investigation and the decision resulting from it.
15.5 If your complaint is not ultimately handled to your satisfaction after being dealt with in accordance with our internal complaint handling procedures, you may subsequently refer the complaint to the Office of the Arbiter for Financial Services, First Floor, St. Calcedonius Square, Floriana, FRN1530, Malta. Further details may be found at: http://financialarbiter.org.mt. The Office of the Arbiter for Financial Services may be contacted on 80072366 (freephone) or by sending an email to complaint.info@financialarbiter.org.mt.
15.6 You must fall within the definition of an “eligible customer” in terms of the Arbiter for Financial Services Act (Chapter 555 of the laws of Malta) in order to be able to resort to the Office of the Arbiter.
15.7 If you do not fall within the definition of an “eligible customer” in terms of the Arbiter for Financial Services Act (Chapter 555 of the laws of Malta) and therefore you are unable to refer your complaint to the Office of the Arbiter for Financial Services, you have the right to refer your complaint to the Central Bank of Malta.
15.8 Other interested parties, including consumer associations, also have the right to refer their complaints to the Central Bank of Malta in the event that their complaint is not ultimately handled to their satisfaction after being dealt with in accordance with our internal complaint handling procedures.
16. Assignment and Sub-contracting
16.1 You may not assign or transfer or sub-contract any of your rights, benefits or obligations under this Agreement.
16.2 We may assign and transfer its rights and obligations under this Agreement to:
16.2.1 any person to which we transfer the part of our business to which this Agreement relates; and
16.2.2 we may sub-contract the performance of any of our obligations under this Agreement to any party, subject to compliance with Applicable Law.
16.3 If we assign or transfer any of our rights or obligations under this Agreement, we will promptly notify you.
17. Governing law
17.1 This Agreement shall be governed by, and construed in accordance with Maltese law. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to the non-exclusive jurisdiction of the courts of Malta.
18. Notices and communication
18.1 This contract is in English and we shall communicate with you in English. Any translation into another language shall be for information purposes only and for the purpose of the interpretation of this Agreement the English language version shall prevail. Any notice or other communication required to be given to a party under or in connection with this Agreement shall be sent:
18.1.1 to us by e-mail at notice@webmoney.eu; or
18.1.2 to you via your Business Account or by email to the address given by you in your Business Account.
18.2 Any notice or other communication shall be deemed to have been duly received the next business day following the notice being communicated.
18.3 It is your responsibility to ensure that all communications received from us have been reviewed and addressed (where necessary).
18.4 We shall have no liability to you for any direct, indirect or consequential loss arising from breach of confidentiality or otherwise if any other person has sight of or obtains access in any manner to any communication sent to your email address. Internet communications cannot be guaranteed to be timely, secure, delivery error free or virus free. We shall not accept any liability for any errors, non-delivery or omissions which may arise with e-mail communications. Proper receipt by us of any e-mail communication shall be conclusive evidence of any instructions transmitted by you.
18.5 We will act upon any instructions given by phone or email if it reasonably appears to us that the communication was sent by you and we shall not be liable for acting in good faith on such communication. In the event that the communication was not sent by you, we shall not accept liability for any loss you may incur. We shall not be liable for any loss you incur if either you or we do not receive an email which is sent to the last e-mail address notified to the other party or if an e-mail, which is so addressed, is received or seen by any third party.
18.6 We shall not be under any duty to verify the identity of the person or persons giving instructions by phoneor e-mail and any transaction made pursuant to any communication received by us and reasonably believed to have been sent to us by you shall be binding upon you.
18.7 You agree to hold us harmless and to indemnify us at all times from and against all actions and/or losses incurred by us which shall have arisen directly or indirectly out of or in connection with us and acting in reliance on any such phone or e-mail communication from time to time notwithstanding that any such instructions may not have emanated from you.
19. Waiver
19.1 A waiver of any right under this Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided under Applicable Law. No failure or delay by a party in exercising any right or remedy under this Agreement or under Applicable Law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
20. Severance
20.1 If a court or any other competent authority finds that any provision of this Agreement is invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
21. No partnership
21.1 Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
22. Third parties
22.1 This Agreement is not intended to confer any benefit on any person who is not a party to it, and a person who is not a party to this Agreement has no right under the Agreement to enforce any terms of this Agreement.
22.2 You may explicitly choose to allow third party providers to access information on your Account for the purposes of combining and displaying this information with information on other accounts you have with other payment service providers, and, to have access to your account in order to make payments. The third-party provider must be an entity authorised to conduct this service by the MFSA or by another European regulator. You must check with the applicable regulator whether the third-party provider is authorised to conduct the service before subscribing.
22.3 When you explicitly give consent for a third party provider to have access to information from your Account, we must be kept informed of any incorrect or unauthorised transactions for us to be able to take action and arrange for a refund, in accordance with these Terms.
22.4 We reserve the right to refuse or stop a third-party provider’s access to your Account if we believe that the third-party provider is acting/has acted fraudulently or is not authorised to conduct the services. We undertake to inform you in instances where a third-party provider is refused access or has its access stopped and reasons will be provided as to why such action has been taken unless this would compromise our security or if it would be unlawful to do so.
23. Anti-Corruption
23.1 Each party shall at all times in its dealings with the other comply, and shall ensure that its personnel comply, with all Applicable Law related to bribery and corruption.
24. Definitions
In this Agreement:
Account Access Codes - password, log-in details and other access codes and any security information relating to your Business Account;
Applicable Law - means the Financial Institutions Act and all other legislation, regulation and related guidance that applies to the Service or the activities in connection with which the Service is used;
Business - means a person or other legal entity which is permitted to accept WME Electronic Money as payment for the supply of its goods or services;
Business Account - means a Business’s WME Electronic Money account in our systems;
Business Day - means a Business’s WME Electronic Money account in our systems;
means any day other than a Saturday or a Sunday or a public or bank holiday in Malta;
Claims - means complaints, disputes, actions, demands, claims, proceedings, losses, damages or other liability of any kind;
Consumer - means an individual we have registered for a Personal Account;
Control (including the terms "controlled by" and "under common control with") - means the direct or indirect ownership or control of more than 50% of the voting rights or shares in a corporation or other body corporate;
Data Protection Legislation - means the EU General Data Protection Regulation 2016/679 as well as the Data Protection Act, chapter 586 of the laws of Malta, together with all other applicable legislation relating to privacy or data protection and including any statute or statutory provision which amends, extends, consolidates or replaces the same;
Electronic Money - has the meaning given to it in the Financial Institutions Act, chapter 376 of the laws of Malta and means electronic money issued by us and denominated in Euros;
Electronic Money Balance- means the current balance of WME Electronic Money in your Business Account;
Electronic Money Customer Funds Account- means one or more segregated bank accounts in which the funds corresponding to the balance of WME Electronic Money in your Business Account will be held by us separately from our own funds, in accordance with the provisions of the Financial Institutions Act, chapter 376 of the laws of Malta;
Fees - means the fees and charges listed in Schedule 1;
Intellectual Property Rights - means patents, trademarks, service marks, logos, trade names, internet domain names, copyright (including rights in computer software) and moral rights, database rights, semi-conductor topography rights, utility models, rights in designs, rights in get-up, rights in inventions, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, and all rights or forms of protection having equivalent or similar effect anywhere in the world and registered includes registrations and applications for registration;
Large Business - means if your annual turnover and/or annual balance sheet total exceeds €2 million and you have at least ten (10) employees
Large Charity – means if you are a charity with annual income of £1 million or more
Member State – means a member of the European Union and includes an EEA state;
Nobel Financial Limited - means Nobel Financial Limited, a company incorporated in Malta (company number С 66961) whose registered head office is 68, Northfields, Penthouse No. 9, Independence Avenue, Mosta MST 9026, Malta. Nobel Financial Limited is authorised by the Malta Financial Services Authority under the Financial Institutions Act, chapter 376 of the laws of Malta (Firm Ref. No. (C 66961) for the issuing of electronic money.
Payee - means a natural or legal person who is the intended recipient of fund which have been the subject of a payment transaction.
Payer - means a natural or legal person who holds a payment account and allows a payment order from that payment account, or, where there is no payment account, a natural or legal person who gives a payment order.
Payment Initiation Service Provider - means a payment service provider pursuing business activities as defined in the Financial Institutions Act, chapter 376 of the laws of Malta.
Personal Account - means a Consumer’s WME Electronic Money account in our systems;
Personal Data- has the meaning given to it in the Data Protection Legislation;
Service- means the service described in Clause 1.1;
Transaction - means a Payment, Refund, Transfer or a Redemption, as defined in Clause 1;
Transaction Data - means the data relating to each Transaction;
Transaction Limit - means a limit on the type or volumes of Transactions, for example, a maximum total value of all Transactions in respect of any specified period of time or a monetary limit (of which we notify you) above which you must obtain our authorisation prior to completing a Transaction;
WME Electronic Money - means Electronic Money issued by us, denominated in Euros;
WebMoney Transfer System – means the IT platform operated by WM Transfer Ltd., through which you have applied to open a Personal Account with us.
Schedule 1
Fees
The Fees applicable to the use of the Service are published at: www.wmtransfer.com/eng/information/rates/index.shtml
Please note that units of WME Electronic Money refer to units of the currency in which that WME Electronic Money is denominated. So 0.01 WME Electronic Money = EUR 0.01