Terms of Use
TERMS AND CONDITIONS FOR DIGITAL BANKING (E-MONEY AND MONEY REMITTANCE) PROGRAMMES WITH NON REGULATED AND REGULATED ACCOUNT HOLDING PARTNERS IN THE UK OR EEA
IMPORTANT INFORMATION: This Agreement relates to the Programme. Please read the terms and conditions of this Agreement carefully before applying for Your Account with the Programme. This Agreement and its terms and conditions, as may be amended from time to time on notice by Us, becomes effective and binding on Your successful application and activation or use of Your Account and/or Your Account and for the entire period of validity of Your Account.
The terms and conditions apply to the Programme, which consists of the Account issued to You by the Issuer, under permission from the Bank, and operated by Programme Manager (together “We”, “Us” or “Our”). The Account enables You to load and create an Available Balance (which is E-money) and transfer the Available Balance using the Schemes.
- PROGRAMME AND PROGRAMME MANAGER INFORMATION
1.1 The Programme Manager is UAB Pilsenga, a company incorporated in Lithuania under registration No 305930213, with a registered office at Mėsinių g. 5, Lithuania LT-01133, Vilnius. Programme Manager activities are regulated by Lithuanian Financial Crime Investigation Unit – FIU/FNTT as Depository Institution and Exchange Operation services, Pilsenga is incorporated in Lithuanian as a limited liability Company, Company registered code: 305930213, Mėsinių g. 5, Lithuania LT-01133, Vilnius, Lithuania LT-02194.
1.2 The Pilsenga Account is issued by Issuer, under permission from the Bank, pursuant to agreement with the relevant Scheme and Bank.
1.3 The Programme is a Digital Banking solution, and will provide customers with a Payment Account issued by the Account Issuer to execute payment transactions and carry out money remittance.
- FEES AND CHARGES
2.1 All Fees and Charges relating to the Programme are detailed on the fees page of the Website. Fees will be deducted from Your Account balance automatically.
- APPLYING FOR AN ACCOUNT
3.1 To apply for, and use, an Account relating to the Programme the Applicant must be incorporated in EEA & UK. An Account may be applied for on the Website or App and via Your Account respectively.
3.2 Provided the Programme has been able to undertake KYC or KYC (as required) to a satisfactory standard as per the Programme AML Policy, can be requested through customer service, You shall receive an activation confirmation by Your email or on Your App and You will be able to use the Account.
3.3 When applying for an Account on the Website or App, You will be prompted to create a username and password. You will need this username and password (collectively Your “Security Details” for the Account) to access Your Online Account and perform the following functions (as well as any other functions specified in the Website or App) online:
i. change Your telephone number;
ii. check Your Available Balance;
iii. check Your Transaction Details; and
iv. change Your Password.
3.4 You are permitted to have only one Account where the Available Balance of E-money, which may be redeemed, can be found. If we discover that You do have more than one Account, We may block Your Account without notice and terminate this Agreement with You forthwith.
3.5 The Account is pre-paid only that can only be used to redeem the Available Balance in Your Account. It has no function to apply for credit or an overdraft.
- ACCOUNT LIMITS, LOADING, USAGE AND AUTHORISATION
Loading
4.1 Funds may be added to Your Account by any of the permitted methods set out in the “Loading Fees” section on the fees page of the Website.
4.2 The currency accepted is Euro.
4.3 To load Your Account by a debit Card, You must use a debit Card that has been issued by a regulated financial institution in the EEA and registered in the same name and address as Your Account. To load Your Account by bank transfer, You must use a bank account that has been issued by a regulated credit institution in the EEA and registered in the same name and address as Your Account.
4.4 The Programme reserves the right to request further KYC documents and verification of Your source of funds at any point.
4.5 Fund loading limits may vary according to the type of Account and as set out on the fees page of the Website.
4.6 Once Your Account has an Available Balance, following fund loading, it can be used to make payments.
Usage / Redemption
4.7 You can use Your Account to make payments using the Scheme to external bank accounts via the Scheme and other methods as added and notified to You from time to time. A withdrawal fee may apply to withdrawals as set out on the fees page of the Website.
4.8 You must always ensure that You have a sufficient Available Balance for each Transaction You attempt (including value added tax and other taxes, duties and applicable fees as set out on the fees page of the Website). If the Available Balance is insufficient to pay for a Transaction, the transaction will be declined.
4.9 If for any reason a Transaction is carried out but its amount exceeds the Available Balance, You must pay us the deficit immediately, and if You fail to do so after receiving a notification from us, We reserve the right to terminate this Agreement between us and take all necessary steps, including legal action, to recover this deficit.
4.10 Currency exchanges are not allowed.
4.11 Only SEPA Payments allowed, other Payment Network Systems will not be processed.
Limits / Declines
4.12 Transactions are subject to limits and compliance with the Limits Scheduled in Your Account Details by email.
4.13 We may decline a transaction or place restrictions on Your Account or apply special security procedures in respect of transactions if:
i) You do not have an Available Balance or sufficient Available Balance for the transaction attempted;
ii) The transaction will take You over the limits which can be found on Limits Scheduled in Your Account Details by email;
iii) To protect the security of Your Account, Security Details or personal data;
iv) If we believe a transaction is unauthorised or illegal or poses a high risk of being unauthorised or illegal;
v) We reasonably believe the transaction would be in breach of the fees page of the Website, under our Acceptable Use Policy; or
vi) The transaction and applicable fees will cause Your Account to go into a negative balance
4.14 Payments using Your Account for any transaction made in a currency other than supported currencies, will be declined or subject to Scheme acceptance terms, Scheme conditions and additional FX fees.
4.15 Any refunds or returns transactions will load Your Account immediately or transfer the funds to Your Account.
Authorisation
4.16 You will need to give Your consent to each Transaction so that the Programme can check it is genuine by, where applicable, a) using Your Security Details personal to You; b) signing a sales voucher; c) providing the Account details and/or providing any other details personal to You and/or Your Account. Once You have given such consent to the Transaction, it will be deemed to be authorised.
4.17 The time of receipt of a Transaction order is when the Programme receives it. If a Transaction order is received after 4pm on a Business Day, then it will be deemed to have been received on the next Business day.
4.18 Once a Transaction has been authorised by You and received by the Programme, it cannot be revoked.
4.19 Where a Merchant’s payment service provider is located within the EEA and the payment services being carried out are in the currency of an EEA Member State, the Programme shall ensure the transfer to the Merchant’s payment service provider within 4 Business Days following the day on which the Transaction order is received.
4.20 Certain Merchants may not accept payments made through the Scheme and We accept no liability for this: it is Your responsibility to check the restrictions of each Merchant.
4.21 Your ability to use or access the Account may occasionally be interrupted, for example if the Programme needs to carry out maintenance on its systems or websites. Please contact Customer Services to notify the Programme of any problems You are experiencing using Your Account or Account and the Programme will try to resolve these as soon as possible.
- KEEPING YOUR ACCOUNT SAFE
5.1 You are entirely responsible for Your Account and the Security Details for Your Account and must take all possible measures to keep them safe and entirely confidential. You may share Your username with other customers of the Programme only for the purpose of customer to transfers between Accounts.
5.2 If You suspect that someone else knows Your Security Details for Your Account, change them as soon as possible in Your Account or on the App. If You are not able to do so, please contact Us immediately to discuss.
5.3 You should check recent transactions and monitor the transactions history of Your Account regularly. If You do not recognise a transaction, then report it immediately (see below for reporting).
5.4 We reserve the right to require You to register for, and/or use enhanced online transaction security systems for customer authentication, which may include a one-time password as well as other third party authentication.
5.5 Failure to comply with this Clause may affect Your ability to claim any losses in the event that we can show that You have intentionally failed to keep the information safe or You have acted fraudulently, with undue delay or with gross negligence.
5.6 You agree to cooperate with Our agents, any supervisory or regulatory authority, the police and Us if Your Account Security Details are lost, stolen, compromised or if we suspect fraudulent use of the Account.
5.7 Failure to comply with this Clause may affect Your ability to claim any losses in the event that We can show that You have intentionally failed to keep the Security Details safe or You have acted fraudulently, with undue delay or with gross negligence.
- REPORTING UNAUTHORISED TRANSACTIONS OR DISPUTED TRANSACTIONS
6.1 If You believe that any of the transactions on your Account were unauthorised or incorrectly posted to Your Account, You must notify Customer Services as soon as You become aware but not later than 1 month of the date of the debit to Your Account.
6.2 Unless the Programme has reason to suspect fraud by You, or that You have failed to comply with these Terms and Conditions, or the Account Terms with intent or gross negligence, including warnings in relation to unknown payees, the Programme will refund the amount of the unauthorised or incorrect transaction(s) as soon as practical.
6.3 Where You have made an authorised Transaction but have a dispute with the merchant, the Programme will require You to provide written confirmation of the disputed transaction within 3 days of the Transaction date. The written confirmation should be sent to Customer Services using the contact form which can be found on the Website and in the App. Alternatively, You can contact Customer Services, in writing or by telephone, to request a form to complete.
6.4 If:
i) We do not receive written confirmation; or
ii) a refund is made in respect of a transaction that later turns out to be genuine
6.5 The Programme will re-deduct the amount of the transaction from Your Account plus, in the event of 8.4(ii) only, You will be charged a fee as set out on the fees page of the Website. Please note that any Open Banking Transactions and Direct Debit payments will not be covered under the Scheme regulations.
6.6 In the event that a Transaction is made which is initiated by Merchant (i.e. through Open Banking authorisation), we will provide a refund of that amount, subject to this Clause, only in circumstances where You can prove that:
i) the exact Transaction amount was not specified when You authorised the payment; and
ii) the amount of the Transaction exceeds the amount that You could have reasonably expected, taking into account Your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case.
6.7 The refunds referred to above will not be provided if:
i) the amount relates to currency exchange fluctuations; or
ii) You have given Your consent to execute the Transaction directly to us; or
iii) information on the Transaction was provided or made available in an agreed manner to You at least 4 weeks prior to the due date of the Transaction; or
iv) You request the refund from us later than 1 month from the date on which it was debited.
6.8 If investigations performed by the Programme show that there have been unauthorised or incorrectly executed Transactions on Your Account then, provided that Your claim is made within the time limits specified in this Clause, You will not be liable for such transactions.
- PAYMENT DISPUTES
7.1 If You dispute a Transaction that You have authorised and which has been processed, You should settle this with the person or Merchant You bought the goods or services from; the Programme is not responsible for the quality, safety, legality or any other aspect of goods or services purchased.
7.2 If Your dispute with a person or Merchant relating to a Transaction cannot be resolved You should contact Customer Services, for the Programme to attempt to assist You as far as is reasonably practicable.
7.3 If You have reason to believe that a Transaction was carried out without Your consent or in error, You may ask the Programme to investigate the Transaction by contacting Customer Services. If the Programme investigates the Transaction, the disputed amount will be unavailable to spend until our investigation is complete and if the Programme receives information that proves the Transaction was genuine, this will be deducted from Your Available Balance and the Programme may charge You an investigation fee as set out on the fees page of the Website. If You do not have sufficient Available Balance for the Transaction or the investigation fee, You must repay the Programme the amount immediately on demand.
- THIRD PARTY ACCESS
8.1 You can instruct a TPP to access information on your Account or initiate certain Transactions from your Account provided such TPP has identified itself to Us and it has acted in accordance with the relevant regulatory requirements. We will treat any instruction from an TPP as if it was from You.
8.2 We may deny a TPP access to your Account if we are concerned about unauthorised or fraudulent access by that TPP setting out the reason for such denial. Before doing so, we will tell You that we intend to deny access and give our reasons for doing so, unless it is not reasonably practicable, in which case we will immediately inform You afterwards. In either case, we will tell You in the manner in which we consider most appropriate in the circumstances. We will not tell You if doing so would compromise our security measures or would otherwise be unlawful.
8.3 If You have provided consent to a TPP to access the data in your Account to enable them to provide account information services to You or initiate Transactions on Your behalf, You consent to us sharing your information with the TPP as is reasonably required for them to provide their services to You. You must let us know if you withdraw this permission and we recommend You let the TPP know. On notification from You, we will not provide such TPP access to your Account or the data in it.
- FOREIGN EXCHANGE
9.1 The only currency allowed is Euro, currency exchanges are not available. If You use Your Account to make a transaction for a product or service in a currency other than the currency in which Your Account is denominated, the transaction will be rejected.
- ADVISING CHANGES OF PERSONAL DETAILS OR FINANCIAL SITUATION
10.1 If You change name, address or contact details such as telephone number or e-mail address You must notify the Programme within 14 days of the change.
10.2 The Programme reserves the right at any time to perform checks to confirm that the personal details You provide are accurate (for example, by requesting relevant original documents), including for the purposes of preventing fraud and/or money laundering. In addition, at the time of Your application or at any time in the future, in connection with Your Account, You authorise the Programme to undertake electronic identity verification checks on You either directly or using relevant third parties.
10.3 It is also important to notify the Programme without delay of any changes to Your circumstances that may affect the running of Your Account or Your Account, by contacting Customer Services (details below).
- USE OF YOUR PERSONAL DATA
11.1 The Programme is a data controller of personal data provided in connection with the Programme, Your Account and, where You consent, Information on how the Programme uses and protects Your personal data is available in the Programme Privacy Policy on the Website. The Issuer is a joint controller of personal data provided in connection with the Programme. The Issuer’s Privacy Policy can be found here https://www.moorwand.com/privacy-policy/
11.2 Information on how Your personal data is used by the Programme is set out in this section.
11.3 The Programme may use third parties to process personal data on Our behalf. Such third parties may include creditors or potential transferees of rights and obligations under this Agreement.
11.4 The Programme will process and retain personal data in order to open and administer Your Account, to deal with any enquiries You have about it and comply with regulatory obligations. The types of personal data processed are likely to include, but is not limited to, name, address, date of birth, contact details, financial information, employment details and device identifiers.
11.5 If the Programme suspects that it has been given false or inaccurate information, it may record that suspicion together with any other relevant information. Decisions may be made by automated means.
11.6 If illegality is identified, Programmes may pass details to the Issuer and UK and EU Authorities and Regulators. In addition, the Issuer and Law Authorities and Regulators in the UK and EU may request, access and use this information in order to detect, investigate and prevent crime.
11.7 The Programme and other organisations may also access and use this information to prevent fraud and money laundering. When the Programme, Issuer or Law Authorities and Regulators in the UK and EU process Your personal data, it is done so on the basis of a legitimate interest in preventing fraud, money laundering, and to verify identity. These processes are carried out in order to protect the Programme, the Issuer, other customers, and to comply with regulatory requirements.
11.8 Please contact Customer Services if You want to receive details of relevant Law Authorities and Regulators in the UK and EU and/or contact the Programme’s Data Protection Officer.
11.9 The Programme and other organisations may access and use the information recorded by Law Authorities and Regulators in the UK and EU in other countries.
11.10 The Programme may check all personal information given by You with Law Authorities and Regulators in the UK and EU and other organisations. For the purpose of enabling use of Your Account, the Programme may also use information about any device, computer, network and browser You use.
11.11 Personal data may also be transferred confidentially to other organisations within the Issuer’s group of companies and to relevant third parties so that the Programme can manage Your Account.
11.12 You can also obtain any details of the information the Programme and We hold about You and/or, details of any other person to whom the Programme and We may pass Your information (where the Programme and We are not prevented by law), by writing to Customer Services. You have a legal right to these details (in most circumstances) and, where applicable, to object to the Programme and Us processing Your personal data and/or request that Your data is corrected or erased.
11.13 The Programme and We reserve the right to process data in countries outside the European Union, however the Programme and We will ensure adequate protection for personal data transferred to countries outside the European Union as required by data protection legislation.
11.14 To facilitate the processing of payments, the Programme and We may share Account Usage information with specified third parties strictly in accordance with any nationally published Code of Conduct or similar, relating to the receipt and dispersal of government benefits.
11.15 You have the right to:
i) know more about the information the Programme and We pass to third parties or that is held by Law Authorities and Regulators in the UK and EU, or to obtain a list of the third parties with whom the Programme and We share information;
ii) receive details of the personal data the Programme and We hold about You.
iii) receive a copy of this Agreement and the terms and conditions contained herein at any time, a copy of which will be made available on the Website.
- THE LAW THAT APPLIES & ASSIGNMENT
12.1 This Agreement is governed by United Kingdom and European law.
12.2 You agree to the non-exclusive jurisdiction of the courts of the United Kingdom.
12.3 Any delay or failure to exercise any right or remedy under this Agreement by the Programme shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
12.4 The Account is a payment service product and not a deposit or credit or banking product and, as such is not governed by the Financial Services Compensation Scheme (FSCS), the Lithuanian Deposit Insurance Scheme or any other EU Compensation Scheme. However, the Programme will ensure proper safeguarding of Your funds so that they are protected in accordance with applicable law if the Programme or We become insolvent.
12.5 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
12.6 If any part of this Agreement is inconsistent with any regulatory requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.
12.7 You may not assign or transfer any of Your rights and/or benefits under this Agreement and You shall be the sole party to the contract between the Programme and You. You will remain liable until the Account issued to You is shut and all sums due under this Agreement have been paid by You in full. Subject to giving You 60 days’ notice the Programme may assign all rights and benefits under this Agreement to a third party and may subcontract any of the obligations under this Agreement. If the Programme does not hear from You prior to the expiry of the 60 days the Programme and We will assume You are agreeable to the change.
12.8 All communications relating to Your Account will be in English.
- COMMUNICATION
13.1 Any communication from the Programme to You will be given via the Website and by notification via email or the App (using the latest contact details with which You have provided us).
13.2 You may contact the Programme via Customer Service, the details of which are set out in the Definitions & Interpretation Clause.
- COMPLAINTS
14.1 If You are unhappy with the service provided under these Terms and Conditions, please contact Customer Services to help You. A copy of the Programme Complaints Policy can be found on the Website.
14.2 Upon receipt of Your emailed complaint, Customer Services shall endeavour to respond to You as quickly as possible but, in any event, shall reply to You by return email by no later than 10 Business Days.
14.3 If, having received a response from Customer Services, You remain unhappy with the outcome, You can escalate Your complaint to the Issuer.
14.14 If the Programme is unable to resolve any complaint through the Programme Complaints Policy and Issuer Complaints Policy (which can be requested directly from the Issuer) or You remain dissatisfied generally with the resolution or way that Your compliant was handled by Us, You are eligible, dependent on the nature of Your complaint, to contact the UK Financial Ombudsman Service or The Bank of Lithuania at:
UK Financial Ombudsman
Address: Exchange Tower, London E14 9SR;
Telephone: 0800 023 4 567 (free from most UK landlines but charges may apply if using a mobile phone or dialing from outside of the UK),
Alternative Phone: 02079640500 (calls by UK mobile cost no more than a national rate call to an 01 or 02 number and additional charges may apply if dialling from outside of the UK);
E-mail: complaint.info@financial-ombudsman.org.uk.
Website: How to complain (financial-ombudsman.org.uk)
The Bank of Lithuania
Address: Totorių g. 4, LT-01121 Vilnius;
Telephone: +370 5 251 2763 (free from most Lithuanian landlines but charges may apply if using a mobile phone or dialing from outside of Lithuania),
E-mail: info@lb.lt
Website: Settle a dispute with a financial service provider | Bank of Lithuania (lb.lt)
- LIABILITY
15.1 If something which the Programme or We are not reasonably able to control, including but not limited to, defects relating to the Account which stop or delay the Programme from meeting an obligation under this Agreement, the Programme and We will not be responsible for any loss which You may suffer.
15.2 If You are affected by something which is a fault of the Programme or was in the reasonable control of the Programme to prevent, the Programme will only be responsible for the financial loss actually debited from Your Account and not for any other loss whatsoever (for example, loss of reputation and indirect and consequential losses).
15.3 You may not be liable for any use of the Account, IBAN number or Security Details by another person who does not have your permission to use it, unless:
i) you agreed to that person having your Account, Account number or Security Details, or through gross negligence or carelessness, failed to comply with condition 5.1, in which case you may be liable for any use that occurs before you tell us in accordance with these terms and conditions, or
ii) you acted fraudulently, to the extent permitted by law, you may be liable for misuse of the Account, Account number or Security Details.
You may only be liable to a maximum of €50 /£35 resulting from transactions arising from the use of a compromised Account or from the misappropriation of the payment instrument where the Account holder has failed to keep security features of the Account safe. The €50 /£35 liability limit is applicable to each instance of loss, theft or misappropriation and not each transaction.
15.4 Provided You have not acted fraudulently or with gross negligence Your maximum liability for any transactions or fees incurred on Your Account if someone else uses Your Account before You report it compromised will be €50 /£35. “Gross negligence” could include keeping a written record of Your Security Details in plain sight, so that they are easily accessible for use by an unauthorised third party.
15.5 You will be responsible for:
i) any unauthorised activity if You act fraudulently or with gross negligence; and
ii) any loss or fraud that results directly from Your failure to advise Us promptly of any name, address or contact details changes.
15.6 In the event that You do not use Your Account in accordance with these Terms and Conditions or the Programme discovers that You are using the Account fraudulently, the Programme reserves the right to charge You for any reasonable costs that are incurred in taking action to stop You using the Account and to recover any monies owed as a result of Your activities.
15.7 The Programme accepts no responsibility or liability for the goods or services that You purchase with Your Account or for any product or service discounts arising from the purchase with Your Account.
15.8 The Programme accepts no responsibility or liability for a merchant refusing to accept Your Account or failing to cancel an authorisation.
15.9 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from Our negligence or fraud.
15.10 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
15.11 The above exclusions and limitations set out in this paragraph shall apply to any liability of Our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), to You, which may arise in connection with this Agreement.
15.12 For all other matters not expressly covered in this Clause and to the extent permitted by applicable law, the Programme and Our total aggregate liability shall be limited to the total amount of money that You have deposited into Your Account over the 12-month period prior to the claim.
- CHANGES TO THESE TERMS AND CONDITIONS
16.1 Except in exceptional circumstances (e.g. customer fraud or a security breach) the Programme and Us will provide You 60 days’ notice of any material change to this Agreement. Notice will be sent to the email address registered to Your Account.
16.2 Changes will be deemed to have been accepted unless You notify the Programme to the contrary before the proposed date the change comes into effect. Rejection of any proposed changes will amount to termination of Agreement and the closure of Your Account.
- CANCELLATION AND CLOSURE OF YOUR ACCOUNT
17.1 You have the right to withdraw from this Agreement and close Your Account:
i) within 14 days of the date of the opening of Your Account or Account transaction without cause and without penalty. The Programme will refund all charges if You cancel within this period.
ii) at any time after the initial 14 day cooling off period. In this case, Your Account will be cancelled 10 days after the Programme receives the withdrawal notice.
17.2 Once the Programme have received all necessary information from You (including KYC) and all Transactions and applicable fees and charges have been processed and deducted, the Programme will refund any Available Balance to You provided that:
i) You have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
ii) the Programme and We are not required to withhold Your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.
17.3 The Programme has the right to terminate this agreement and close an Account without cause by giving You 60 days’ written notice.
17.4 The Programme may at any time and without notice suspend, restrict, block or cancel Your Account, or refuse to issue or replace Account related Security Details, for reasons relating to the following:
i) any of the information that You provided to the Programme when You applied for the Account was materially incorrect or false;
ii) to comply with any applicable regulations or legislation;
iii) You die;
iv) You have not complied with the terms and conditions in this Agreement;
v) The Programme or We have reason to believe that You have used, or intend to use, Your Account in a grossly negligent manner or for a fraudulent or otherwise unlawful purpose;
vi) The Programme or We are required to do so for legal reasons; or
vii) You use racist, threatening or abusive behaviour towards Programme or Our staff, or harass Programme or Our staff (including via social media).
If the Programme takes any of the steps referred to in this Clause, You will be notified as soon as possible or as permitted after the Programme have taken these steps. The Programme may ask You to stop using Your Account. The Programme will issue You with a replacement Account if after further investigations it is believed that the relevant circumstances (as set out in this Clause) no longer apply.
17.5 If, following cancellation and reimbursement of Your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Account or Account or we receive a reversal of any prior funding Transaction, we will notify You of the amount and You must immediately repay to us such amount on demand. We reserve the right to take all necessary steps, including legal action, to recover this deficit.
17.6 You may redeem Your Available Balance by contacting the Programme at any time prior to 6 years from the date of closure of Your Account or the Programme itself. When the Programme processes Your redemption request, the Programme may require You to provide KYC information and/or documents in order to verify Your Personal Details in accordance with legal requirements. The Programme may charge a Redemption Fee if You request redemption of Your Available Balance before, or 12 months after, expiry of this Agreement. Any such Redemption Fee is set out at the fees page of the Website.
17.7 The Programme shall have the absolute right to set-off, transfer, or apply sums held in Your Account or Accounts in or towards satisfaction of all or any liabilities and fees owed that have not been paid or satisfied when due.
- ISSUER INFORMATION
Account Issuer
UAB Pilsenga is a company incorporated in Lithuania under registration No 305930213, with a registered office at Mėsinių g. 5, Lithuania LT-01133, Vilnius, Lithuania LT-02194. Moorwand is authorised by the FCA under license No 900709 for the issuing of electronic money.
To contact Customer Service of the UAB Pilsenga, please use the contact details on the website https://pilsenga.com/.
E-Money Issuer
The UAB Pilsenga account is issued by Via Payments UAB, partnering with Moorwand Ltd. Via Payments UAB is authorised by Bank of Lithuania license number 16 for the issuing of electronic money and payment instruments. Moorwand Ltd is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (Register ref: 900709) for the issuing of electronic money and payment instruments and registered in England & Wales No. 8491211.
19. DEFINITIONS & INTERPRETATION
Account: The IBAN and electronic money account associated with Your Account.
Account Information Service Provider: means a third party payment service provider who is authorised by or registered with the Financial Conduct Authority or another European regulator to provide online account information services, who, with your permission will be able to access certain online account information on one or more payment accounts held by you to give you a consolidated view of your payment accounts.
Additional Account: Any additional Account which is issued in addition to the primary account any time after the successful registration of an Account;
Agreement: These terms and conditions relating to the use of Your Account(s) as amended from time to time.
App: The Programme mobile application that allows You to access Your Account and view Account and Transaction related information.
Available Balance: The value of unspent funds loaded onto Your Account available to use.
Bacs Credit: Means Bacs Direct Credit. A service enabling organisations to make payments to an account which takes 3 Business Days for the funds to be cleared.
Business Day: Monday to Friday, 9am to 5pm GMT, excluding bank and public holidays in Europe.
Account: Any Account issued to You in accordance with this Agreement.
CHAPS: the Clearing House Automated Payment System, a service enabling organisations to make same-day payments to an account within the UK, within the CHAPS operating days and times.
Customer Services: The contact centre for dealing with queries about Your Pilsenga Account and Account. You can contact Customer Services by:
i) calling +37066840049 (Your network provider may charge a fee for calling this number);
ii) e-mailing support@pilsenga.com from the email address registered to Your Online Account; or
iii) writing to: Mėsinių g. 5, Lithuania LT-01133, Vilnius; or
iv) contacting the E-money or Account Issuer on moorwand.com.
EEA: European Economic Area.
E-money: monetary value issued by the E-Money Issuer to Your Account on receipt of funds on Your behalf in our Customer Funds Account, equal to the amount of funds received;
Fee: Any fee payable by You as referenced in the Fees & Limits Schedul:.
Fees & Limits Schedule: The schedule contained in this Agreement and which forms part of this Agreement.
IBAN: An IBAN, or international bank account number, is a standard international numbering system developed to identify a bank account.
KYC: Means “Know Your Customer” and constitutes our verification of Your Personal Details.
Merchant A retailer or any other person that accepts Your Account and E-money:
Online Account: The area on the Website that allows You to access Your Account and carry out Account-related functions.
Payment Initiation Service Provider: means a third party payment service provider authorised by or registered with by the Financial Conduct Authority or another European regulator to provide an online service to initiate a Transaction at your request on your Account.
Personal Data: The registered personal identity details relating to the use of Your Account including (but not limited to) Your: name, date of birth, home address, email address and telephone (landline and/or mobile) number. Full details of the Personal Data which the Programme processes are set out in a Privacy Policy on the Website.
Primary Accountholder: The person or company who has been issued with the Primary Account and who is responsible for the use of all other Additional Accounts in accordance with this Agreement.
Programme: UAB Pilsenga
Programme Manager: The Programme Manager is UAB Pilsenga.The Programme Manager is a company incorporated in Lithuania under registration No 305930213, with a registered office at Mėsinių g. 5, Lithuania LT-01133, Vilnius.
Scheme SEPA Payment
Scheme Regulations: The terms and conditions of the Scheme which can be found EPC207-14 SEPA Payment Scheme Management Rules v4.4.pdf (europeanpaymentscouncil.eu)
SEPA Payment: A service allowing you to make and receive electronic payments in the Euro Zone which is received by the recipient bank within 1 hour provided that the receiving organisation or bank is part of SEPA Payments Scheme.
Transaction: The use of Your Account to make (i) a payment, or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of Your Account including where payment is made over the internet, by phone or mail order.
TPP (Third Party Provider) means an Account Information Service Provider or a Payment Initiation Service Provider.
Security Details: A set of personal codes consisting of numbers, letters and symbols which form a username and password selected by You in order to access Your Account.
Website: www.pilsenga.com
We, Us or Our Are:
i) Pilsenga is a Digital Banking solution, who provide their customers with a Payment Account Programme enabling them to execute payment transactions and carry out money remittance.
ii) UAB Pilsenga is a company incorporated in Lithuania under registration No 305930213, with a registered office at Vilnius, Mėsinių g. 5, Lithuania LT-01133.
iii) Moorwand Ltd. Moorwand Ltd is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (Register ref: 900709) for the issuing of electronic money and payment instruments and registered in England & Wales No. 8491211. 9DU. Registered office Fora, 3 Lloyds Avenue, London, EC3N 3DS, United Kingdom. Moorwand Ltd is in partnership with Via Payments UAB to provide UAB Pilsenga as set out in this Agreement; and
iv) Via Payments UAB. Via Payments UAB is a company incorporated in Lithuania and under registration No 304531663 and registered office at Konstitucijos pr. 7, Vilnius, Lithuania. Via Payments UAB is authorised by Bank of Lithuania (license number 16) for the issuing of electronic money and payment instruments.
You or Your:
You, the person who has entered into this Agreement with us by virtue of Your use of the Account and or Account and any other person You have authorized to use any Accounts in accordance with this Agreement.must be incorporated in EEA & UK.rs
TERMS AND CONDITIONS FOR DIGITAL BANKING (E-MONEY AND MONEY REMITTANCE) PROGRAMMES WITH NON REGULATED AND REGULATED ACCOUNT HOLDING PARTNERS IN THE UK OR EEA
IMPORTANT INFORMATION: This Agreement relates to the Programme. Please read the terms and conditions of this Agreement carefully before applying for Your Account with the Programme. This Agreement and its terms and conditions, as may be amended from time to time on notice by Us, becomes effective and binding on Your successful application and activation or use of Your Account and/or Your Account and for the entire period of validity of Your Account.
The terms and conditions apply to the Programme, which consists of the Account issued to You by the Issuer, under permission from the Bank, and operated by Programme Manager (together “We”, “Us” or “Our”). The Account enables You to load and create an Available Balance (which is E-money) and transfer the Available Balance using the Schemes.
- PROGRAMME AND PROGRAMME MANAGER INFORMATION
1.1 The Programme Manager is UAB Pilsenga, a company incorporated in Lithuania under registration No 305930213, with a registered office at Mėsinių g. 5, Lithuania LT-01133, Vilnius. Programme Manager activities are regulated by Lithuanian Financial Crime Investigation Unit – FIU/FNTT as Depository Institution and Exchange Operation services, Pilsenga is incorporated in Lithuanian as a limited liability Company, Company registered code: 305930213, Address: Mėsinių g. 5, Lithuania LT-01133, Vilnius.
1.2 The Pilsenga Account is issued by Issuer, under permission from the Bank, pursuant to agreement with the relevant Scheme and Bank.
1.3 The Programme is a Digital Banking solution, and will provide customers with a Payment Account issued by the Account Issuer to execute payment transactions and carry out money remittance.
- FEES AND CHARGES
2.1 All Fees and Charges relating to the Programme are detailed on the fees page of the Website . Fees will be deducted from Your Account balance automatically.
- APPLYING FOR AN ACCOUNT
3.1 To apply for, and use, an Account relating to the Programme You must be at least 18 years of age and must reside in EEA & UK. An Account may be applied for on the Website or App and via Your Account respectively.
3.2 Provided the Programme has been able to undertake KYC or KYC (as required) to a satisfactory standard as per the Programme AML Policy, can be requested through customer service, You shall receive an activation confirmation by Your email or on Your App and You will be able to use the Account.
3.3 When applying for an Account on the Website or App, You will be prompted to create a username and password. You will need this username and password (collectively Your “Security Details” for the Account) to access Your Online Account and perform the following functions (as well as any other functions specified in the Website or App) online:
i) change Your telephone number;
ii) check Your Available Balance;
iii) check Your Transaction Details; and
iv) change Your Password.
3.4 You are permitted to have only one Account where the Available Balance of E-money, which may be redeemed, can be found. If we discover that You do have more than one Account, We may block Your Account without notice and terminate this Agreement with You forthwith.
3.5 The Account is pre-paid only that can only be used to redeem the Available Balance in Your Account. It has no function to apply for credit or an overdraft.
- ACCOUNT LIMITS, LOADING, USAGE AND AUTHORISATION
Loading
4.1 Funds may be added to Your Account by any of the permitted methods set out in the “Loading Fees” section on the fees page of the Website.
4.2 The currency accepted is Euro.
4.3 To load Your Account by a debit Card, You must use a debit Card that has been issued by a regulated financial institution in the EEA and registered in the same name and address as Your Account. To load Your Account by bank transfer, You must use a bank account that has been issued by a regulated credit institution in the EEA and registered in the same name and address as Your Account.
4.4 The Programme reserves the right to request further KYC documents and verification of Your source of funds at any point.
4.5 Fund loading limits may vary according to the type of Account and as set out on the fees page of the Website.
4.6 Once Your Account has an Available Balance, following fund loading, it can be used to make payments.
Usage / Redemption
4.7 You can use Your Account to make payments using the Scheme to external bank accounts via the Scheme and other methods as added and notified to You from time to time. A withdrawal fee may apply to withdrawals as set out on the fees page of the Website.
4.8 You must always ensure that You have a sufficient Available Balance for each Transaction You attempt (including value added tax and other taxes, duties and applicable fees as set out on the fees page of the Website). If the Available Balance is insufficient to pay for a Transaction, the transaction will be declined.
4.9 If for any reason a Transaction is carried out but its amount exceeds the Available Balance, You must pay us the deficit immediately, and if You fail to do so after receiving a notification from us, We reserve the right to terminate this Agreement between us and take all necessary steps, including legal action, to recover this deficit.
4.10 Currency exchanges are not allowed.
4.11 Only SEPA Payments allowed, other Payment Network Systems will not be processed.
Limits / Declines
4.12 Transactions are subject to limits and compliance with the Limits Scheduled in Your Account Details by email.
4.13 We may decline a transaction or place restrictions on Your Account or apply special security procedures in respect of transactions if:
i) You do not have an Available Balance or sufficient Available Balance for the transaction attempted;
ii) The transaction will take You over the limits which can be found on Limits Scheduled in Your Account Details by email;
iii) To protect the security of Your Account, Security Details or personal data;
iv) If we believe a transaction is unauthorised or illegal or poses a high risk of being unauthorised or illegal;
v) We reasonably believe the transaction would be in breach of the fees page of the Website, under our Acceptable Use Policy; or
vi) The transaction and applicable fees will cause Your Account to go into a negative balance
4.14 Payments using Your Account for any transaction made in a currency other than supported currencies, will be declined or subject to Scheme acceptance terms, Scheme conditions and additional FX fees.
4.15 Any refunds or returned transactions will load Your Account immediately or transfer the funds to Your Account.
Authorisation
4.16 You will need to give Your consent to each Transaction so that the Programme can check it is genuine by, where applicable, a) using Your Security Details personal to You; b) signing a sales voucher; c) providing the Account details and/or providing any other details personal to You and/or Your Account. Once You have given such consent to the Transaction, it will be deemed to be authorised.
4.17 The time of receipt of a Transaction order is when the Programme receives it. If a Transaction order is received after 4pm on a Business Day, then it will be deemed to have been received on the next Business day.
4.18 Once a Transaction has been authorised by You and received by the Programme, it cannot be revoked.
4.19 Where a Merchant’s payment service provider is located within the EEA and the payment services being carried out are in the currency of an EEA Member State, the Programme shall ensure the transfer to the Merchant’s payment service provider within 4 Business Days following the day on which the Transaction order is received.
4.20 Certain Merchants may not accept payments made through the Scheme and We accept no liability for this: it is Your responsibility to check the restrictions of each Merchant.
4.21 Your ability to use or access the Account may occasionally be interrupted, for example if the Programme needs to carry out maintenance on its systems or websites. Please contact Customer Services to notify the Programme of any problems You are experiencing using Your Account or Account and the Programme will try to resolve these as soon as possible.
- KEEPING YOUR ACCOUNT SAFE
5.1 You are entirely responsible for Your Account and the Security Details for Your Account and must take all possible measures to keep them safe and entirely confidential. You may share Your username with other customers of the Programme only for the purpose of customer to transfers between Accounts.
5.2 If You suspect that someone else knows Your Security Details for Your Account, change them as soon as possible in Your Account or on the App. If You are not able to do so, please contact Us immediately to discuss.
5.3 You should check recent transactions and monitor the transactions history of Your Account regularly. If You do not recognise a transaction, then report it immediately (see below for reporting).
5.4 We reserve the right to require You to register for, and/or use enhanced online transaction security systems for customer authentication, which may include a one-time password as well as other third party authentication.
5.5 Failure to comply with this Clause may affect Your ability to claim any losses in the event that we can show that You have intentionally failed to keep the information safe or You have acted fraudulently, with undue delay or with gross negligence.
5.6 You agree to cooperate with Our agents, any supervisory or regulatory authority, the police and Us if Your Account Security Details are lost, stolen, compromised or if we suspect fraudulent use of the Account.
5.7 Failure to comply with this Clause may affect Your ability to claim any losses in the event that We can show that You have intentionally failed to keep the Security Details safe or You have acted fraudulently, with undue delay or with gross negligence.
- REPORTING UNAUTHORISED TRANSACTIONS OR DISPUTED TRANSACTIONS
6.1 If You believe that any of the transactions on your Account were unauthorised or incorrectly posted to Your Account, You must notify Customer Services as soon as You become aware but not later than 1 month of the date of the debit to Your Account.
6.2 Unless the Programme has reason to suspect fraud by You, or that You have failed to comply with these Terms and Conditions, or the Account Terms with intent or gross negligence, including warnings in relation to unknown payees, the Programme will refund the amount of the unauthorised or incorrect transaction(s) as soon as practical.
6.3 Where You have made an authorised Transaction but have a dispute with the merchant, the Programme will require You to provide written confirmation of the disputed transaction within 3 days of the Transaction date. The written confirmation should be sent to Customer Services using the contact form which can be found on the Website and in the App. Alternatively, You can contact Customer Services, in writing or by telephone, to request a form to complete.
6.4 If:
i) We do not receive written confirmation; or
ii) a refund is made in respect of a transaction that later turns out to be genuine
6.5 The Programme will re-deduct the amount of the transaction from Your Account plus, in the event of 8.4(ii) only, You will be charged a fee as set out on the fees page of the Website. Please note that any Open Banking Transactions and Direct Debit payments will not be covered under the Scheme regulations.
6.6 In the event that a Transaction is made which is initiated by Merchant (i.e. through Open Banking authorisation), we will provide a refund of that amount, subject to this Clause, only in circumstances where You can prove that:
i) the exact Transaction amount was not specified when You authorised the payment; and
ii) the amount of the Transaction exceeds the amount that You could have reasonably expected, taking into account Your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case.
6.7 The refunds referred to above will not be provided if:
i) the amount relates to currency exchange fluctuations; or
ii) You have given Your consent to execute the Transaction directly to us; or
iii) information on the Transaction was provided or made available in an agreed manner to You at least 4 weeks prior to the due date of the Transaction; or
iv) You request the refund from us later than 1 month from the date on which it was debited.
6.8 If investigations performed by the Programme show that there have been unauthorised or incorrectly executed Transactions on Your Account then, provided that Your claim is made within the time limits specified in this Clause, You will not be liable for such transactions.
- PAYMENT DISPUTES
7.1 If You dispute a Transaction that You have authorised and which has been processed, You should settle this with the person or Merchant You bought the goods or services from; the Programme is not responsible for the quality, safety, legality or any other aspect of goods or services purchased.
7.2 If Your dispute with a person or Merchant relating to a Transaction cannot be resolved You should contact Customer Services, for the Programme to attempt to assist You as far as is reasonably practicable.
7.3 If You have reason to believe that a Transaction was carried out without Your consent or in error, You may ask the Programme to investigate the Transaction by contacting Customer Services. If the Programme investigates the Transaction, the disputed amount will be unavailable to spend until our investigation is complete and if the Programme receives information that proves the Transaction was genuine, this will be deducted from Your Available Balance and the Programme may charge You an investigation fee as set out on the fees page of the Website. If You do not have sufficient Available Balance for the Transaction or the investigation fee, You must repay the Programme the amount immediately on demand.
- THIRD PARTY ACCESS
8.1 You can instruct a TPP to access information on your Account or initiate certain Transactions from your Account provided such TPP has identified itself to Us and it has acted in accordance with the relevant regulatory requirements. We will treat any instruction from an TPP as if it was from You.
8.2 We may deny a TPP access to your Account if we are concerned about unauthorised or fraudulent access by that TPP setting out the reason for such denial. Before doing so, we will tell You that we intend to deny access and give our reasons for doing so, unless it is not reasonably practicable, in which case we will immediately inform You afterwards. In either case, we will tell You in the manner in which we consider most appropriate in the circumstances. We will not tell You if doing so would compromise our security measures or would otherwise be unlawful.
8.3 If You have provided consent to a TPP to access the data in your Account to enable them to provide account information services to You or initiate Transactions on Your behalf, You consent to us sharing your information with the TPP as is reasonably required for them to provide their services to You. You must let us know if you withdraw this permission and we recommend You let the TPP know. On notification from You, we will not provide such TPP access to your Account or the data in it.
- FOREIGN EXCHANGE
9.1 The only currency allowed is Euro, currency exchanges are not available. If You use Your Account to make a transaction for a product or service in a currency other than the currency in which Your Account is denominated, the transaction will be rejected.
- ADVISING CHANGES OF PERSONAL DETAILS OR FINANCIAL SITUATION
10.1 If You change name, address or contact details such as telephone number or e-mail address You must notify the Programme within 14 days of the change.
10.2 The Programme reserves the right at any time to perform checks to confirm that the personal details You provide are accurate (for example, by requesting relevant original documents), including for the purposes of preventing fraud and/or money laundering. In addition, at the time of Your application or at any time in the future, in connection with Your Account, You authorise the Programme to undertake electronic identity verification checks on You either directly or using relevant third parties.
10.3 It is also important to notify the Programme without delay of any changes to Your circumstances that may affect the running of Your Account or Your Account, by contacting Customer Services (details below).
- USE OF YOUR PERSONAL DATA
11.1 The Programme is a data controller of personal data provided in connection with the Programme, Your Account and, where You consent, Information on how the Programme uses and protects Your personal data is available in the Programme Privacy Policy on the Website. The Issuer is a joint controller of personal data provided in connection with the Programme. The Issuer’s Privacy Policy can be found here https://www.moorwand.com/privacy-policy/
11.2 Information on how Your personal data is used by the Programme is set out in this section.
11.3 The Programme may use third parties to process personal data on Our behalf. Such third parties may include creditors or potential transferees of rights and obligations under this Agreement.
11.4 The Programme will process and retain personal data in order to open and administer Your Account, to deal with any enquiries You have about it and comply with regulatory obligations. The types of personal data processed are likely to include, but is not limited to, name, address, date of birth, contact details, financial information, employment details and device identifiers.
11.5 If the Programme suspects that it has been given false or inaccurate information, it may record that suspicion together with any other relevant information. Decisions may be made by automated means.
11.6 If illegality is identified, Programmes may pass details to the Issuer and UK and EU Authorities and Regulators. In addition, the Issuer and Law Authorities and Regulators in the UK and EU may request, access and use this information in order to detect, investigate and prevent crime.
11.7 The Programme and other organisations may also access and use this information to prevent fraud and money laundering. When the Programme, Issuer or Law Authorities and Regulators in the UK and EU process Your personal data, it is done so on the basis of a legitimate interest in preventing fraud, money laundering, and to verify identity. These processes are carried out in order to protect the Programme, the Issuer, other customers, and to comply with regulatory requirements.
11.8 Please contact Customer Services if You want to receive details of relevant Law Authorities and Regulators in the UK and EU and/or contact the Programme’s Data Protection Officer.
11.9 The Programme and other organisations may access and use the information recorded by Law Authorities and Regulators in the UK and EU in other countries.
11.10 The Programme may check all personal information given by You with Law Authorities and Regulators in the UK and EU and other organisations. For the purpose of enabling use of Your Account, the Programme may also use information about any device, computer, network and browser You use.
11.11 Personal data may also be transferred confidentially to other organisations within the Issuer’s group of companies and to relevant third parties so that the Programme can manage Your Account.
11.12 You can also obtain any details of the information the Programme and We hold about You and/or, details of any other person to whom the Programme and We may pass Your information (where the Programme and We are not prevented by law), by writing to Customer Services. You have a legal right to these details (in most circumstances) and, where applicable, to object to the Programme and Us processing Your personal data and/or request that Your data is corrected or erased.
11.13 The Programme and We reserve the right to process data in countries outside the European Union, however the Programme and We will ensure adequate protection for personal data transferred to countries outside the European Union as required by data protection legislation.
11.14 To facilitate the processing of payments, the Programme and We may share Account Usage information with specified third parties strictly in accordance with any nationally published Code of Conduct or similar, relating to the receipt and dispersal of government benefits.
11.15 You have the right to:
i) know more about the information the Programme and We pass to third parties or that is held by Law Authorities and Regulators in the UK and EU, or to obtain a list of the third parties with whom the Programme and We share information;
ii) receive details of the personal data the Programme and We hold about You.
iii) receive a copy of this Agreement and the terms and conditions contained herein at any time, a copy of which will be made available on the Website.
- THE LAW THAT APPLIES & ASSIGNMENT
12.1 This Agreement is governed by United Kingdom and European law.
12.2 You agree to the non-exclusive jurisdiction of the courts of the United Kingdom.
12.3 Any delay or failure to exercise any right or remedy under this Agreement by the Programme shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
12.4 The Account is a payment service product and not a deposit or credit or banking product and, as such is not governed by the Financial Services Compensation Scheme (FSCS), the Lithuanian Deposit Insurance Scheme or any other EU Compensation Scheme. However, the Programme will ensure proper safeguarding of Your funds so that they are protected in accordance with applicable law if the Programme or We become insolvent.
12.5 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
12.6 If any part of this Agreement is inconsistent with any regulatory requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.
12.7 You may not assign or transfer any of Your rights and/or benefits under this Agreement and You shall be the sole party to the contract between the Programme and You. You will remain liable until the Account issued to You is shut and all sums due under this Agreement have been paid by You in full. Subject to giving You 60 days’ notice the Programme may assign all rights and benefits under this Agreement to a third party and may subcontract any of the obligations under this Agreement. If the Programme does not hear from You prior to the expiry of the 60 days the Programme and We will assume You are agreeable to the change.
12.8 All communications relating to Your Account will be in English.
- COMMUNICATION
13.1 Any communication from the Programme to You will be given via the Website and by notification via email or the App (using the latest contact details with which You have provided us).
13.2 You may contact the Programme via Customer Service, the details of which are set out in the Definitions & Interpretation Clause.
- COMPLAINTS
14.1 If You are unhappy with the service provided under these Terms and Conditions, please contact Customer Services to help You. A copy of the Programme Complaints Policy can be found on the Website.
14.2 Upon receipt of Your emailed complaint, Customer Services shall endeavour to respond to You as quickly as possible but, in any event, shall reply to You by return email by no later than 10 Business Days.
14.3 If, having received a response from Customer Services, You remain unhappy with the outcome, You can escalate Your complaint to the Issuer.
14.4 If the Programme is unable to resolve any complaint through the Programme Complaints Policy and Issuer Complaints Policy (which can be requested directly from the Issuer) or You remain dissatisfied generally with the resolution or way that Your compliant was handled by Us, You are eligible, dependent on the nature of Your complaint, to contact the UK Financial Ombudsman Service or The Bank of Lithuania at:
UK Financial Ombudsman
Address: Exchange Tower, London E14 9SR;
Telephone: 0800 023 4 567 (free from most UK landlines but charges may apply if using a mobile phone or dialing from outside of the UK),
Alternative Phone: 02079640500 (calls by UK mobile cost no more than a national rate call to an 01 or 02 number and additional charges may apply if dialling from outside of the UK);
E-mail: complaint.info@financial-ombudsman.org.uk.
Website: How to complain (financial-ombudsman.org.uk)
The Bank of Lithuania
Address: Totorių g. 4, LT-01121 Vilnius;
Telephone: +370 5 251 2763 (free from most Lithuanian landlines but charges may apply if using a mobile phone or dialing from outside of Lithuania),
E-mail: info@lb.lt
Website: Settle a dispute with a financial service provider | Bank of Lithuania (lb.lt)
- LIABILITY
15.1 If something which the Programme or We are not reasonably able to control, including but not limited to, defects relating to the Account which stop or delay the Programme from meeting an obligation under this Agreement, the Programme and We will not be responsible for any loss which You may suffer.
15.2 If You are affected by something which is a fault of the Programme or was in the reasonable control of the Programme to prevent, the Programme will only be responsible for the financial loss actually debited from Your Account and not for any other loss whatsoever (for example, loss of reputation and indirect and consequential losses).
15.3 You may not be liable for any use of the Account, IBAN number or Security Details by another person who does not have your permission to use it, unless:
i) you agreed to that person having your Account, Account number or Security Details, or through gross negligence or carelessness, failed to comply with condition 5.1, in which case you may be liable for any use that occurs before you tell us in accordance with these terms and conditions, or
ii) you acted fraudulently, to the extent permitted by law, you may be liable for misuse of the Account, Account number or Security Details.
you may only be liable to a maximum of €50 /£35 resulting from transactions arising from the use of a compromised Account or from the misappropriation of the payment instrument where the Account holder has failed to keep security features of the Account safe. The €50 /£35 liability limit is applicable to each instance of loss, theft or misappropriation and not each transaction.
15.4 Provided You have not acted fraudulently or with gross negligence Your maximum liability for any transactions or fees incurred on Your Account if someone else uses Your Account before You report it compromised will be €50 /£35. “Gross negligence” could include keeping a written record of Your Security Details in plain sight, so that they are easily accessible for use by an unauthorised third party.
15.5 You will be responsible for:
i) any unauthorised activity if You act fraudulently or with gross negligence; and
ii) any loss or fraud that results directly from Your failure to advise Us promptly of any name, address or contact details changes.
15.6 In the event that You do not use Your Account in accordance with these Terms and Conditions or the Programme discovers that You are using the Account fraudulently, the Programme reserves the right to charge You for any reasonable costs that are incurred in taking action to stop You using the Account and to recover any monies owed as a result of Your activities.
15.7 The Programme accepts no responsibility or liability for the goods or services that You purchase with Your Account or for any product or service discounts arising from the purchase with Your Account.
15.8 The Programme accepts no responsibility or liability for a merchant refusing to accept Your Account or failing to cancel an authorisation.
15.9 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from Our negligence or fraud.
15.10 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
15.11 The above exclusions and limitations set out in this paragraph shall apply to any liability of Our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), to You, which may arise in connection with this Agreement.
15.12 For all other matters not expressly covered in this Clause and to the extent permitted by applicable law, the Programme and Our total aggregate liability shall be limited to the total amount of money that You have deposited into Your Account over the 12-month period prior to the claim.
- CHANGES TO THESE TERMS AND CONDITIONS
16.1 Except in exceptional circumstances (e.g. customer fraud or a security breach) the Programme and Us will provide You 60 days’ notice of any material change to this Agreement. Notice will be sent to the email address registered to Your Account.
16.2 Changes will be deemed to have been accepted unless You notify the Programme to the contrary before the proposed date the change comes into effect. Rejection of any proposed changes will amount to termination of Agreement and the closure of Your Account.
- CANCELLATION AND CLOSURE OF YOUR ACCOUNT
17.1 You have the right to withdraw from this Agreement and close Your Account:
i) within 14 days of the date of the opening of Your Account or Account transaction without cause and without penalty. The Programme will refund all charges if You cancel within this period.
ii) at any time after the initial 14 day cooling off period. In this case, Your Account will be cancelled 10 days after the Programme receives the withdrawal notice.
17.2 Once the Programme have received all necessary information from You (including KYC) and all Transactions and applicable fees and charges have been processed and deducted, the Programme will refund any Available Balance to You provided that:
i) You have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
ii) the Programme and We are not required to withhold Your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.
17.3 The Programme has the right to terminate this agreement and close an Account without cause by giving You 60 days’ written notice.
17.4 The Programme may at any time and without notice suspend, restrict, block or cancel Your Account, or refuse to issue or replace Account related Security Details, for reasons relating to the following:
i) any of the information that You provided to the Programme when You applied for the Account was materially incorrect or false;
ii) to comply with any applicable regulations or legislation;
iii) You die;
iv) You have not complied with the terms and conditions in this Agreement;
v) The Programme or We have reason to believe that You have used, or intend to use, Your Account in a grossly negligent manner or for a fraudulent or otherwise unlawful purpose;
vi) The Programme or We are required to do so for legal reasons; or
vii) You use racist, threatening or abusive behaviour towards Programme or Our staff, or harass Programme or Our staff (including via social media).
If the Programme takes any of the steps referred to in this Clause, You will be notified as soon as possible or as permitted after the Programme have taken these steps. The Programme may ask You to stop using Your Account. The Programme will issue You with a replacement Account if after further investigations it is believed that the relevant circumstances (as set out in this Clause) no longer apply.
17.5 If, following cancellation and reimbursement of Your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Account or Account or we receive a reversal of any prior funding Transaction, we will notify You of the amount and You must immediately repay to us such amount on demand. We reserve the right to take all necessary steps, including legal action, to recover this deficit.
17.6 You may redeem Your Available Balance by contacting the Programme at any time prior to 6 years from the date of closure of Your Account or the Programme itself. When the Programme processes Your redemption request, the Programme may require You to provide KYC information and/or documents in order to verify Your Personal Details in accordance with legal requirements. The Programme may charge a Redemption Fee if You request redemption of Your Available Balance before, or 12 months after, expiry of this Agreement. Any such Redemption Fee is set out at the fees page of the Website.
17.7 The Programme shall have the absolute right to set-off, transfer, or apply sums held in Your Account or Accounts in or towards satisfaction of all or any liabilities and fees owed that have not been paid or satisfied when due.
- ISSUER INFORMATION
Account Issuer
UAB Pilsenga is a company incorporated in Lithuania under registration No 305930213, with a registered office at Mėsinių g. 5, Lithuania LT-01133, Vilnius. Moorwand is authorised by the FCA under license No 900709 for the issuing of electronic money.
To contact Customer Service of the UAB Pilsenga, please use the contact details on the website https://pilsenga.com/.
E-Money Issuer
The UAB Pilsenga account is issued by Via Payments UAB, partnering with Moorwand Ltd. Via Payments UAB is authorised by Bank of Lithuania license number 16 for the issuing of electronic money and payment instruments. Moorwand Ltd is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (Register ref: 900709) for the issuing of electronic money and payment instruments and registered in England & Wales No. 8491211.
19. DEFINITIONS & INTERPRETATION
Account: The IBAN and electronic money account associated with Your Account.
Account Information Service Provider: means a third party payment service provider who is authorised by or registered with the Financial Conduct Authority or another European regulator to provide online account information services, who, with your permission will be able to access certain online account information on one or more payment accounts held by you to give you a consolidated view of your payment accounts.
Additional Account: Any additional Account which is issued in addition to the primary account any time after the successful registration of an Account;
Agreement: These terms and conditions relating to the use of Your Account(s) as amended from time to time.
App: The Programme mobile application that allows You to access Your Account and view Account and Transaction related information.
Available Balance: The value of unspent funds loaded onto Your Account available to use.
Bacs Credit: Means Bacs Direct Credit. A service enabling organisations to make payments to an account which takes 3 Business Days for the funds to be cleared.
Business Day: Monday to Friday, 9am to 5pm GMT, excluding bank and public holidays in Europe.
Account: Any Account issued to You in accordance with this Agreement.
CHAPS: the Clearing House Automated Payment System, a service enabling organisations to make same-day payments to an account within the UK, within the CHAPS operating days and times.
Customer Services: The contact centre for dealing with queries about Your Pilsenga Account and Account. You can contact Customer Services by:
i) calling +37066840049 (Your network provider may charge a fee for calling this number);
ii) e-mailing support@pilsenga.com from the email address registered to Your Online Account; or
iii) writing to: Mėsinių g. 5, Lithuania LT-01133, Vilnius; or
iv) contacting the E-money or Account Issuer on https://vialet.eu/..
EEA: European Economic Area.
E-money: monetary value issued by the E-Money Issuer to Your Account on receipt of funds on Your behalf in our Customer Funds Account, equal to the amount of funds received;
Fee: Any fee payable by You as referenced in the Fees & Limits Schedule.
Fees & Limits Schedule The schedule contained in this Agreement and which forms part of this Agreement.
IBAN An IBAN, or international bank account number, is a standard international numbering system developed to identify a bank account.
KYC Means “Know Your Customer” and constitutes our verification of Your Personal Details.
Merchant A retailer or any other person that accepts Your Account and E-money:
Online Account: The area on the Website that allows You to access Your Account and carry out Account-related functions.
Payment Initiation Service Provider: means a third party payment service provider authorised by or registered with by the Financial Conduct Authority or another European regulator to provide an online service to initiate a Transaction at your request on your Account.
Personal Data: The registered personal identity details relating to the use of Your Account including (but not limited to) Your: name, date of birth, home address, email address and telephone (landline and/or mobile) number. Full details of the Personal Data which the Programme processes are set out in a Privacy Policy on the Website.
Primary Accountholder: The person or company who has been issued with the Primary Account and who is responsible for the use of all other Additional Accounts in accordance with this Agreement.
Programme: UAB Pilsenga
Programme Manager: The Programme Manager is UAB Pilsenga The Programme Manager is a company incorporated in Lithuania under registration No 305930213, with a registered office at Mėsinių g. 5, Lithuania LT-01133, Vilnius.
Scheme SEPA Payment
Scheme Regulations: The terms and conditions of the Scheme which can be found [FPS Rules_v13.2_(Effective 1st March 2019).pdf (fasterpayments.org.uk)] OR [EPC207-14 SEPA Payment Scheme Management Rules v4.4.pdf (europeanpaymentscouncil.eu)]
SEPA Payment: A service allowing you to make and receive electronic payments in the Euro Zone which is received by the recipient bank within 1 hour provided that the receiving organisation or bank is part of SEPA Payments Scheme.
Transaction: The use of Your Account to make (i) a payment, or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of Your Account including where payment is made over the internet, by phone or mail order.
TPP (Third Party Provider) means an Account Information Service Provider or a Payment Initiation Service Provider.
Security Details: A set of personal codes consisting of numbers, letters and symbols which form a username and password selected by You in order to access Your Account.
Website: www.pilsenga.com
We, Us or Our Are:
i) Pilsenga is a Digital Banking solution, who provide their customers with a Payment Account Programme enabling them to execute payment transactions and carry out money remittance.
ii) UAB Pilsenga is a company incorporated in Lithuania under registration No 305930213, with a registered office at Vilnius, Mėsinių g. 5, Lithuania LT-01133.
iii) Moorwand Ltd. Moorwand Ltd is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (Register ref: 900709) for the issuing of electronic money and payment instruments and registered in England & Wales No. 8491211. 9DU. Registered office Fora, 3 Lloyds Avenue, London, EC3N 3DS, United Kingdom. Moorwand Ltd is in partnership with Via Payments UAB to provide UAB Pilsenga as set out in this Agreement; and
iv) Via Payments UAB. Via Payments UAB is a company incorporated in Lithuania and under registration No 304531663 and registered office at Konstitucijos pr. 7, Vilnius, Lithuania. Via Payments UAB is authorised by Bank of Lithuania (license number 16) for the issuing of electronic money and payment instruments.
You or Your:
You, the person who has entered into this Agreement with us by virtue of Your use of the Account and or Account and any other person You have authorised to use any Accounts in accordance with this Agreement.
PILSENGA USER AGREEMENT
PART 1: GENERAL USE-
Basic Pilsenga Services.
- Digital Currency conversion services that includes purchases or sales through which users can convert Digital Currencies (the “Conversion Services”);
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Creating a Pilsenga Account.
3. Hosted Digital Currency Wallet.
3.1. In General, The Hosted Digital Currency Wallet services allow you to send supported Digital Currency to, and request, receive, and store supported Digital Currency from third parties pursuant to instructions you provide through the Pilsenga Site (each transaction is a “Digital Currency Transaction”). Pilsenga reserves the right to process or cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Pilsenga cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currencies that Pilsenga, in its sole discretion, decides to support. The Digital Currencies that Pilsenga supports may change from time to time. If you have any questions about which Digital Currencies Pilsenga currently supports, please contact support@pilsenga.com Under no circumstances you should attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by Pilsenga. Pilsenga assumes no responsibility or liability in connection with any attempt to use Pilsenga Services for digital currencies that Pilsenga does not support. 3.2. Digital Currency Transactions. Pilsenga processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requester, or another party. You should verify all transaction information prior to submitting instructions to Pilsenga. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Pilsenga Account balance or be available to conduct transactions. When Digital Currency Transactions are made from an external Wallet to a Pilsenga wallet, an Internal Fee will be deducted to the client. Pilsenga may charge network fees (miner fees) and internal fees to process a Digital Currency transaction on your behalf or at your name. Pilsenga will calculate the network fee and the internal fee at its discretion. 3.3. Digital Currency Storage & Transmission Delays. Pilsenga securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Pilsenga to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by Pilsenga may be delayed. 3.4. Third Party Payments. Pilsenga has no control over or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Pilsenga Services). Pilsenga is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party in connection with Digital Currency transferred using the Pilsenga Services, or if you have a dispute with such a third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you can notify Pilsenga Support at support@pilsenga.com so that we may consider what action to take, if any. 3.5 Advanced Protocols. Unless is specifically announced on our website or through some other official public statement of Pilsenga, we do not support metacoins, colored coins, side chains, or another derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency supported by Pilsenga (collectively, “Advanced Protocols”). Do not use your Pilsenga Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The Pilsenga platform is not configured to detect and/or secure Advanced Protocol transactions and Pilsenga assumes absolutely no responsibility whatsoever with respect to Advanced Protocols. 3.6 Operation of Digital Currency Protocols. Pilsenga does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are an open source and anyone can use, copy, modify, and distribute them. By using Pilsenga, you acknowledge and agree (i) that Pilsenga is not responsible for operation of the underlying protocols and that Pilsenga makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the Pilsenga platform. In the event of a fork, you agree that Pilsenga may temporarily suspend Pilsenga operations (with or without advance notice to you) and that Pilsenga may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely, provided, however, that you will have an opportunity to withdraw funds from the platform. You acknowledge and agree that Pilsenga assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.4. Conversion Services.
4.1. In General. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the Pilsenga “Conversion Rate” for the given transaction. “Conversion Rate” means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the Pilsenga Site. The Conversion Rate is stated either as a “Buy Price” or as a “Sell Price,” which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to Pilsenga. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time and that Pilsenga may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any Pilsenga Conversion Services, to accept the Conversion Rate as the sole conversion metric. Pilsenga reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. Pilsenga does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from Pilsenga does not result in a guarantee that you may sell your supported Digital Currency to Pilsenga. 4.2. Purchase Transactions. After successfully completing the Verification Procedures and funding at least one Fiat Currency Wallet, you may purchase supported Digital Currency by linking an active Fiat Currency Wallet. You authorize Pilsenga to initiate debits from your selected Wallet in settlement of purchase transactions. A Conversion Service Fee (defined below) applies to all purchase transactions. Although Pilsenga will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your Fiat Currency Wallet before Digital Currency is delivered to your Digital Currency Wallet. We will make our best efforts to fulfill all transactions in real time, however, in the rare circumstance where Pilsenga cannot fulfill your purchase order at the stated Conversion Rate, we will notify you and seek your approval to complete the purchase order at the available Buy Price. To secure the performance of your obligations under this Agreement, you grant Pilsenga a security interest on the balances in your account. 4.3. Sale Transactions. After successfully completing the verification procedures, you may sell supported Digital Currency by linking an active Fiat Currency Wallet. You authorize Pilsenga to debit your Digital Currency Wallet and initiate payments to your selected Fiat Currency Wallet in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. All transactions are processed in real time, however, receipt of Fiat Currency depends on the Digital Currency sold and funds may be exceptionally credited to the Fiat Currency Wallet on the following business day. 4.4. Service Fees. Each Conversion Service transaction is subject to a fee (a “Service Fee,” also referred to as a “Conversion Fee”). The applicable Service Fee is displayed on the Pilsenga Site prior to you completing a Conversion Service transaction. You can view the current fees on our Fee Table page https://www.pilsenga.com/fees. Pilsenga will not process a conversion transaction if the Service Fee exceeds the value of your transaction. Pilsenga reserves the right to adjust its Service Fees and any applicable waivers. We will always notify you of the Service Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you. 4.5. Internal Fees: When Digital Currency Transactions are made from an external Wallet to a Pilsenga wallet, Pilsenga may charge a network fee (miner fees) and Internal Fee to process a Digital Currency Transaction. Pilsenga will calculate the network fee and the internal fee in its discretion. 4.6. Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Pilsenga, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including fiat currency balances in other wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, NSF, or similar fees charged by your payment provider. Pilsenga reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if Pilsenga suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; or if Pilsenga suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Pilsenga will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction. 4.7. Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged. 4.8. No Returns or Refunds. All sales and purchases of Digital Assets via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets, except as otherwise provided in these Terms. 4.9. Payment Services Partners. Pilsenga may use a third-party payment processor to process funding and payments between you and Pilsenga, including but not limited to payments in relation to your use of the Conversion Service, deposits, or withdrawals from your Fiat Balance. Pilsenga will not be held liable for any errors, mishandeling, loss or disruption of services caused or related to its Payment Services Partners.5. Fiat Currency Wallets.
5.1. Wallets. Verified users must establish and fund a fiat currency balance (either in the USD Wallet or the Euro Wallet) to facilitate transactions on the Pilsenga platform. You are the owner of the balance in your Wallet. Pilsenga holds your balance in dedicated custodial accounts with a financial institution. 5.2. Deposits. You must initiate a transfer from your bank account to fund your Fiat Currency Wallet. Pilsenga may charge a fee for receiving or sending funds to or from your account in order to cover fees charged by the banks. Your bank may charge you with additional bank wire transfer fees. Pilsenga will credit your Fiat Currency Wallet a corresponding amount of Fiat Currency as soon as funds clear in its bank account, typically within two to three business days after you authorize a deposit. 5.3. Withdrawals To withdraw funds from your Fiat Currency Wallet, the receiving bank account must be in the name of the Pilsenga user. When funds in the Fiat Currency Wallet have been credited through wire transfer or Conversion Services, Pilsenga will immediately debit your Wallet and process the transfer to the bank account. Funds will typically settle in your bank account within two to three business days. Bank fees are netted out of transfers to or from Pilsenga. We will not process a transfer if associated bank fees exceed the value of the transfer.-
OTC.
7. General Use, Prohibited Use, and Termination:
7.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Pilsenga, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by Pilsenga from time to time. Any other use of the Pilsenga Site or Content is expressly prohibited and all other rights, title, and interest in the Pilsenga Site or Content is exclusively the property of Pilsenga and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “www.pilsenga.com”, “Pilsenga” and all logos related to the Pilsenga Services or displayed on the Pilsenga Site are either trademarks or registered marks of Pilsenga or its licensors. You may not copy, imitate or use them without Pilsenga’s prior written consent. 7.2. Website Accuracy. Although we intend to provide accurate and timely information on the Pilsenga Site, the Pilsenga Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying it, and all decisions based on information contained on the Pilsenga Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including websites without limitation) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Pilsenga Site. 7.3. Third-Party Applications. If, to the extent permitted by Pilsenga from time to time, you grant express permission to a third party to access or connect to your Pilsenga Account, either through the third party’s product or service or through the Pilsenga Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Pilsenga Account. Further, you acknowledge and agree that you will not hold Pilsenga responsible for, and will indemnify Pilsenga from, any liability arising out of or related to any act or omission of any third party with access to your Pilsenga Account. 7.4. Prohibited Use. In connection with your use of the Pilsenga Services, and your interactions with other users, and third parties you agree and represent that you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Pilsenga Account and/or block transactions or freeze funds immediately and without notice, if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business. 7.5. Suspension, Termination, and Cancellation. Pilsenga may: (a) suspend, restrict, or terminate your access to any or all of the Pilsenga Services, and/or (b) deactivate or cancel your Pilsenga Account if:- We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
- We reasonably suspect you of using your Pilsenga Account in connection with a Prohibited Use or Business; or
- Use of your Pilsenga Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
- Our service partners are unable to support your use; or
- You take any action that Pilsenga deems as circumventing Pilsenga’s controls, including, but not limited to, opening multiple Pilsenga Accounts or abusing promotions which Pilsenga may offer from time to time.
8. Customer Feedback, Queries, Complaints, and Dispute Resolution
8.1. Contact Pilsenga: If you have any feedback, questions, or complaints, contact us via our Customer Support web page, our email legal@pilsenga.com. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Pilsenga Account, and the transaction on which you have feedback, questions, or complaints. 8.2. Arbitration; Waiver of Class Action. If you have a dispute with Pilsenga, we will attempt to resolve any disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (accessible at (https://www.adr.org/Rules) and you and Pilsenga hereby expressly waive trial by jury and right to participate in a class-action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator, in the English language and shall take place in a mutually agreeable location or, in case of disagreement, in Tallinn, Estonia. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney’s’ fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section is invalid or unenforceable, that provision shall be severed and the other parts of this section shall still apply. In any case, the remainder of this User Agreement will continue to apply.9. General Provisions.
9.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer virus, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or another attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Pilsenga. Always log into your Pilsenga Account through the Pilsenga Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice. 9.2. Release of Pilsenga; Indemnification. If you have a dispute with one or more users of the Pilsenga services, you release Pilsenga, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Pilsenga, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party. 9.3. Limitation of Liability; No Warranty. In no event shall Pilsenga, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees, or representatives, be liable (A) for any amount greater that the value of the supported digital currency on deposits in your Pilsenga account or (B) for any lost profits or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Pilsenga site or the Pilsenga services, or this agreement, even if an unauthorized representative of Pilsenga has been advised of, knew, or should have known of the possibilities of such damages. This means, by way of example only (and without limiting the scope of the preceding sentence), that is you claim that Pilsenga failed to process a buy or sell transaction properly, your damages are limited to no more than the value of the supported digital currency at issue in the transaction, and that you may not recover for lost profits, lost business opportunities, or other types of special, incidental, indirect, intangible, or consequential damages in excess of the value of the supported digital currency at issue in the transaction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation may not apply to you. The Pilsenga services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Pilsenga specifically disclaims any implied warranties of the title, merchantability fitness for a particular purpose and/or non-infringement. Pilsenga does not make any representations or warranties that access to the site, any part of the Pilsenga services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Pilsenga makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. Pilsenga will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Pilsenga makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. 9.4. Entire Agreement. This Agreement, the Privacy Policy, E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and Pilsenga as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Pilsenga. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement. 9.5. Amendments. We may amend or modify this Agreement by posting on the Pilsenga Site or emailing you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Pilsenga Services, or suspension or termination of your access to the Pilsenga Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective. 9.6. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Pilsenga affiliates or subsidiaries, or to any successor in interest of any business associated with the Pilsenga Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. 9.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected. 9.8. Change of Control. In the event that Pilsenga is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. 9.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Pilsenga Account cancellation, debts owed to Pilsenga, general use of the Pilsenga Site, disputes with Pilsenga, and general provisions, shall survive the termination or expiration of this Agreement. 9.10. Governing Law. The terms of this agreement will be governed by the laws of the Republic of Lithuania. Any claim or dispute that has arisen or may arise between you and UAB Pilsenga or Pilsenga will be resolved in accordance to Lithunian Law. 9.11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions. 9.12. English Language Controls. Notwithstanding any other provision of this Agreement, any translations of this Agreement are provided for your convenience. The meanings of terms, conditions and representations herein are subject to the definitions and interpretations in the original English language version. Any translation provided may not accurately represent the information of the original English version. 9.13. Non-Waiver of Rights. This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES, AND CONDITIONAL USE
Prohibited Use You may not use your Pilsenga Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Pilsenga Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at support@pilsenga.com. By opening a Pilsenga Account, you confirm that you will not use your Account to do any of the following:- Unlawful Activity: Activity which would violate, or assist in the violation of any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Pilsenga conducts business or which would involve proceeds of any unlawful activity.
- Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Pilsenga Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Pilsenga Site, other Pilsenga Accounts, computer systems or networks connected to the Pilsenga Site, through password mining or any other means; use Pilsenga Account information of another party to access or use the Pilsenga Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user’s Pilsenga Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Pilsenga
- Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any Pilsenga Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage violent acts against others; harvest or otherwise collect information from the Pilsenga Site about others, including without limitation email addresses, without proper consent
- Fraud: Activity which operates to defraud Pilsenga, Pilsenga users, or any other person; provide any false, inaccurate, or misleading information to Pilsenga.
- Illegal Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance unless properly licensed to operate in the country where it conducts business.
- Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Pilsenga intellectual property, name, or logo, including use of Pilsenga trade or service marks, without express consent from Pilsenga or in a manner that otherwise harms Pilsenga or the Pilsenga brand; any action that implies an untrue endorsement by or affiliation with Pilsenga.
APPENDIX 2: E-SIGN DISCLOSURE AND CONSENT
This policy describes how Pilsenga delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website. Electronic Delivery of Communications You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your Pilsenga Account and your use of Pilsenga Services. Communications include:- Terms of use and policies you agree to (e.g., the Pilsenga User Agreement and Privacy Policy), including updates to these agreements or policies;
- Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
- Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
- Responses to claims or customer support inquiries filed in connection with your Account.
- A device with an Internet connection;
- A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
- A valid email address (your primary email address on file with Pilsenga); and
- Sufficient storage space to save past Communications or an installed printer to print them.
APPENDIX 3: GOVERNMENT LICENSE DISCLOSURES.
Pilsenga maintains a license to engage depository and exchange activities in the Republic of Lithuania, and this license may impact our provision and your use of certain Pilsenga Services depending on where you live. Pilsenga’s regulated activity and corresponding required disclosures can be found on the Company registration portal of Lithuania If you have a question or complaint, please contact the consumer assistance division of Pilsenga at support@pilsenga.com. Governmental notice:- U.S. currency is legal tender backed by the U.S. government.
- Euro is legal tender in the EU nations
- Digital and virtual currencies are not issued or backed by any governments, or related in any way to government-issued currency, and have fewer regulatory protections.
- The value of digital and virtual currencies is derived from supply and demand in the global marketplace which can rise or fall independently of any fiat (government) currency.
- Holding digital and virtual currencies carries the exchange rate and other types of risk.
