上次更新: 14.02.2018

ePayments Systems Limited Terms and Conditions for the ePayments Systems e-Wallet

These Terms and each of the documents we refer to in them are our standard client agreement for providing the e-Wallet upon which we intend to rely. For your own benefit and protection you should read these Terms and each of the documents we refer to carefully before signing them. If you do not understand any point please ask for further information.
  1. Interpretation
    1. These Terms and Conditions (Terms) are a legal agreement between Epayments Systems Limited (we, us, or our) and the client (you or your) for us to supply you with an e-Wallet.
    2. Epayments Systems Limited ('EPS') is a company limited by shares incorporated in England and Wales with registered number 8134141 whose registered office is at Palladium House, 1-4 Argyll Street, London, United Kingdom W1F 7LD. It is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 for the issuing of electronic money. Firm Reference Number: 900172.
    3. Our service comprises the supply of an e-Wallet which you can use to accept and make payments. The scope of the services we provide to you is further defined in paragraph 4. In addition, the Help Centre at EPS Website sets out the methods that from time to time we make available for you to accept payments into your e-Wallet and to make payments from your e-Wallet. You will not earn interest on funds held in an e-Wallet.
    4. Documents or information that appear on the EPS Website and that we refer to in these Terms are incorporated into the Terms and form part of your agreement with us. These Terms govern your use of the e-Wallet and how we provide you with the e-Wallet Services and the Payment Services.
    5. You can:
      • get a current version of these Terms in the legal documents section of the EPS Website; or
      • contact us (see paragraph 22) and ask us to send you a paper copy of the current Terms.
    6. All information and documents we provide or make available to you will be in English.
    7. In these Terms the following words have the meaning set out below:
      • Approved Currency means any currency approved by us from time to time for holding funds in the e-Wallet. The EPS Website lists all currencies that are an Approved Currency;
      • Business Day means any day on which we are open for business and carrying out Payment Transactions. For another party such as the recipient when you make a payment, it will mean a day on which that other party's PSP (such as their bank or e-wallet provider) is open for business, and carrying out Payment Transactions;
      • Circumstances Beyond Our Control means abnormal and unforeseen circumstances beyond our control and include:
        • strikes, lock-outs or other industrial action;
        • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
        • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
        • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
        • impossibility of the use of public or private telecommunications networks; and
        • the acts, decrees, legislation, regulations or restrictions of any government;
      • e-Wallet means the e-Wallet we supply to you under these Terms;
      • EEA means European Economic Area, comprising the member states of the European Union plus Norway, Iceland and Liechtenstein;
      • Electronic Money Regulations mean the United Kingdom's Electronic Money Regulations 2011 (S.I. 2011/99);
      • Electronic Payment System means the software we use to manage the e-Wallet and that is accessible by you via the EPS Website. The software allows you to:
        • transfer funds so we can credit the resulting electronic monetary value to your e-Wallet;
        • access information on the value you hold in your e-Wallet; and
        • make electronic payments from your e-Wallet to recipients that accept these electronic payments.

        1 and 3 are Payment Services, please see the definition of Payment Services below;

      • e-Wallet Services means the issue by us of electronic monetary value to a holder's e-Wallet;
      • EPS Website means www.epayments.com;
      • Fees List means the list of fees charged by us from time to time and that is available on the EPS Website;
      • Identifier means a sequence of letters, numbers and symbols to use to identify the other party to a Payment Transaction or their account;
      • Payment Services means:
        • the transfer of electronic monetary value from your e-Wallet to recipients that accept electronic monetary value or to other accounts or e-wallets of yours;
        • the receipt into your e-Wallet of electronic monetary value from other accounts or e-wallets of yours or from those of third parties; and
        • the transfer of electronic monetary value from your e-Wallet to your Prepaid Card;
      • Payment Services Provider, or PSP, means a provider of payment services, including without limitation credit institutions, electronic money institutions and payment institutions, as defined in the relevant laws and regulations;
      • Payment Transaction means an act, initiated by the payer or recipient, of placing, transferring, or withdrawing funds, including transfers between your e-Wallet to another account or e-Wallet you hold;
      • Prepaid Card means the prepaid card or cards issued to you by the Prepaid Card Issuer that is/are linked to your e-Wallet. You can have more than one Prepaid Card linked to your e-Wallet (for example a Euro denominated Prepaid Card and a US Dollar denominated Prepaid Card) so any reference in these Terms to a Prepaid Card would apply to all your Prepaid Cards;
      • Pre-Paid Card Issuer means the third party we arrange to provide Pre-Paid Cards and card services to you. We can change who provides the Pre-Paid Cards at any time by providing you with at least two (2) months notice. Details of the current Prepaid Card Issuer are available on the EPS Website;
      • Register means the Financial Services Register accessible via the website of the United Kingdom's Financial Conduct Authority;
      • Security and Log-in Details mean all your log-in details, passwords, personal identification number or any other identification or security features relating to your use of the Electronic Payment System and of your e-Wallet that you may be asked to set up by us from time to time;
      • Terms means these Terms and Conditions.
    8. A reference to any statute, statutory provision or regulation will be construed as a reference to the same as it may be amended, modified or re-enacted from time to time.
    9. Headings are included for convenience only and do not affect the interpretation of these Terms.
    10. The singular includes the plural and vice versa.
  2. e-Wallets
    1. You can apply for our services provided that you:
      • are at least 18 years of age;
      • do not reside in one of the countries we do not provide our services (the list can be found here and we reserve the right to make changes without notice);
      • do not perform any of the prohibited activities (the list can be found here and we reserve the right to make changes without notice).
    2. Your e-Wallet will hold funds in one or more Approved Currencies designated by you when you set up your e-Wallet account with us.
    3. Our records show the amount of each e-Wallet holder's funds in their e-Wallet. You will need to use your Security and Log-in Details in order to check the balance on your e-Wallet via the EPS Website.
    4. We may refuse to accept funds you want to transfer to your e-Wallet:
      • until we have completed our "Know Your Customer" requirements in paragraph 6; or
      • for any reason concerning our compliance with financial crime prevention legislation or our own risk management policies and procedures; or
      • if we have any other legal or regulatory obligation to decline to accept the funds.
    5. If you receive a payment, including a refund, in a currency that is not one of the Approved Currencies for your e-Wallet, we will convert it into US dollars or such other currency as specified on EPS Website. The conversion rate will be the rate used by our bank as indicated on the EPS Website and you agree that we will apply that rate (which you are responsible for checking).
    6. To make a Payment Transaction in an Approved Currency that is different to the Approved Currency you hold in your e-Wallet you must agree to convert the amount into that other Approved Currency before you make the Payment Transaction. The Electronic Payment System will show you the live conversion rate for the Approved Currency you have chosen and it will ask you to consent to this before the conversion is carried out. Where a payment is not in an Approved Currency, you may ask us to convert the amount into that other currency.
    7. We do not control the conversion rates so we apply those indicated on the EPS Website or in the Electronic Payment System at the time of the conversion. We cannot display a list of any of the conversion rates as they are live market based rates. The conversion rate that we use will be indicated in your e-Wallet account on the Electronic Payment System after we have made the conversion. We also deduct and keep any fees you have agreed to pay for currency conversions.
    8. If a payment you make or receive into your e-Wallet takes place entirely in the EEA because the PSP of your recipient or payer is in the EEA, we will only accept SHA instructions, so that you will pay our charges (if any) and the recipient or payer of the Payment Transaction (where relevant) will pay the charges of its PSP. Where the PSP of your recipient is outside the EEA, we may require that the charges for the Payment Transaction are to be shared (SHA instruction) or to be fully allocated to either you (OUR instruction) or the recipient (BEN instruction). An OUR instruction means that you pay all the charges involved in a transaction where you are the payer, including the charges of the recipient's PSP. We will provide you with information on the costs of an OUR instruction before you decide to carry out the relevant Payment Transaction. Regardless of the type of instruction, you acknowledge that if we or the PSP of your recipient or payer have to use correspondent banks, those correspondent banks may also deduct their own charges from the amount of the Payment Transaction.
    9. We will keep reasonable records of the funds you hold in your e-Wallet and of your transactions using your e-Wallet.
    10. A transaction history showing details of the payments you make and receive from your e-Wallet is available from the Electronic Payment System for you to view and download.
    11. Once we have loaded funds to your e-Wallet, they will be refunded to you only as set out in these Terms.
    12. You may instruct payment initiation service providers to initiate Payment Transactions from your e-Wallet. You may also use account information service providers, who aggregate and display in one location the information from your e-Wallet and from other online payment accounts you may have with us or other PSPs. We reserve the right to deny third party service providers access to your e-Wallet for reasonably justified and duly evidenced reasons relating to fraud or lack of authority, including the unauthorised or fraudulent initiation of a Payment Transaction. If we deny a payment initiation service provider or an account information service provider access to your e-Wallet, we will notify you of our decision and of the reasons for our decision through the Electronic Payment System, unless that notification is unlawful or could compromise the security of your e-Wallet.
  3. Prepaid card services
    1. You can ask us to load funds onto your Prepaid Card using the Electronic Payment System. You can use your Prepaid Card to buy goods and services in accordance with the Prepaid Card's terms and conditions. You can deposit funds on your Prepaid Card using your e-Wallet and any other methods listed here.
    2. You must use your Prepaid Card in accordance with the current terms and conditions of the Prepaid Card Issuer.
    3. We may seek to recover any shortfall of funds in your Prepaid Card from your e-Wallet balance.
  4. Services
    1. You may use the e-Wallet to:
      • hold funds in an Approved Currency;
      • receive payments for business purposes; and
      • make payments for business purposes.

      Use of the e-Wallet for self-funding purposes is strictly prohibited.

    2. You may only tell us to transfer electronic money from the balance available in your e-Wallet. There is no overdraft facility available on the e-Wallet. So you must check the e-Wallet balance to make sure you have enough funds in your e-Wallet to make the payment and to pay the costs we charge you for doing so before you tell us to make a payment. You may access details of the available electronic money you hold in your e-Wallet via the Electronic Payment System.
    3. If for any reason your e-Wallet goes into negative balance, you are required to immediately repay such negative balance by loading sufficient funds into your e-Wallet to bring it back to at least a zero balance. Your failure to do so is a breach of these Terms. We reserve the right to automatically apply to offset a negative balance any fund transfers which you subsequently make to your e-Wallet. We shall be entitled to charge you for any reasonable expenses we incur as a result of any negative balance on your e-Wallet.
    4. We will make payments from your e-Wallet in accordance with the payment instructions you give us unless we cannot do so for the reasons described in these Terms. You must give us instructions in accordance with these Terms.
    5. When you make a payment from your e-Wallet, we will provide you with the following information:
      • how long it will take us to make the payment (we will tell you the longest time we expect it to take us to do this);
      • any charges you pay to make the payment; and
      • where applicable, a breakdown of the amounts that make up this charge.
    6. As soon as reasonably practicable after we have made a payment from your e-Wallet we will supply you with:
      • a reference to identify the payment and payee;
      • the amount in the currency in which we made the payment from your e-Wallet; and
      • the charges you pay to make the payment with a breakdown of the amounts we charged, if applicable.
    7. As soon as reasonably practicable after we receive a payment into your e-Wallet we will supply you with:
      • a reference so you can identify the payment and payer and any information that was transferred with the payment;
      • the amount of the payment which we credit into your e-Wallet; and
      • the charges you pay to receive the payment with a breakdown of the amount charged, if applicable.
    8. You will be able to view, at any time on the Electronic Payment System, the information contained in paragraphs 4.5 to 4.7 above, as well as information on any exchange rates we have applied when carrying out currency conversions. That information may be viewed by Payment Transaction or on consolidated statements of account for different monthly periods. When you accept to be bound to these Terms, you also accept to access such consolidated statements of account on the Electronic Payment System.
    9. Where you receive a payment into your e-Wallet we cannot prevent you from requiring payment of a charge from, or offering a reduction to, the payer for use of the e-Wallet.
    10. We may limit the value and/or the number of transfers of funds you can instruct us to make into or out of your e-Wallet depending on your country of residence, verification status, and other factors we might consider reasonable. Our current limits are shown in the Electronic Payment System. We may change such limits from time to time, on written notice posted to the EPS Website.
  5. Cost of the services
    1. The Fees List sets out the fees you must pay to us to load your e-Wallet, to convert currency and to make payments. The fees we charge as set out in the Fees List, except card order, maintenance, and express delivery service fees, include any applicable value added tax.
    2. If you have a Prepaid Card, the fees charged by the Prepaid Card Issuer to use the Prepaid Card are separate from and in addition to our charges for the use of the e-Wallet Services and the Payment Services.
    3. We deduct any conversion charges and fees for loading funds onto your e-Wallet from the amount you want to load. This means the amount we load may be less than the amount you transfer to us.
    4. In respect of Payment Services we carry out for you once you have loaded funds onto your e- Wallet:
      • when you instruct us to make a payment we will transfer the full amount you instruct us to transfer and deduct any fees from the balance on the e-Wallet. If there are insufficient funds in the e-Wallet to make the payment and pay any fees related to it, we will not make the payment and will not deduct the fee. We will tell you that we have not made the payment and why;
      • we can deduct our charges from a payment received into your e-Wallet, if the full amount of the payment and the charges are clear in the information we give you about the payment; and
      • if you have not used your account for 12 months or more, we may deem it inactive and we may charge a fee for inactivity as set out in our Fees List.
    5. We may change the fees we charge from time to time with prior notice. The new fees will be shown on the Fees List from the date they are in effect. We recommend you check the Fees List each time you use the e-Wallet Services and the Payment Services.
    6. We do not have to provide any e-Wallet Service or Payment Service at the wrong (lower) price shown in error on the Fees List, if the pricing error is obvious and clear and could have reasonably been recognised as an error.
  6. Know your customer checks
    1. You will promptly give us all documents and other evidence that we reasonably ask for (for us and for the Prepaid Card Issuer) at any stage of use of the Electronic Payment System. You will give us this information so that we (and the Prepaid Card Issuer, if applicable) have up-to-date information and can carry out and be satisfied that we have complied with all "Know Your Customer" or other similar checks required under all applicable laws and regulations. For example, the documents and information we may ask you for shall include, without limitation, any supporting documents or other evidence we may need to make or receive a payment in your e-Wallet, such as documents or other evidence concerning your identity or that of third parties or invoices for incoming payments.
    2. If there is:
      • any change to your full name, citizenship or postal address, you must send us the documents as soon as possible to confirm the changes so our records are up-to-date.
      • the introduction of or any change in (or in the interpretation, administration or application of) any law or regulation made after we have granted you an e-Wallet;
      • any change in your status or, where applicable, in the composition of your shareholders; or
      • a change in the Prepaid Card Issuer,

      which obliges us or the Prepaid Card Issuer to comply with "Know Your Customer" or similar identification procedures, in circumstances where the necessary information is not already available to us, you will promptly give us all documents and other evidence that we reasonably ask for (for ourselves and/or for the Prepaid Card Issuer). You will give us this information so we (and the Prepaid Card Issuer, if applicable) can carry out and be satisfied we have complied with all "Know Your Customer" or other similar checks required under all applicable laws and regulations.

    3. You acknowledge that, in compliance with laws and regulations, we may be obliged to store all the information about you and your transactions for at least 5 years after your e-Wallet account is terminated.
  7. Suspension and termination
    1. If we:
      • have not been provided with any information that we have requested under paragraph 6;
      • detect a breach of these Terms or any other conditions applicable to our services;
      • have reasonable suspicion of fraudulent or criminal activity concerning the use of the e-Wallet Services and/or the Payment Services;
      • have a reasonable belief that we are required to do so by law; or
      • are given a direction to do so by any regulator or other competent regulatory, tax or other authority,
      • we may:

      • decline your application for any or all of the e-Wallet Services and/or the Payment Services;
      • terminate any or all of the e-Wallet Services and/or the Payment Services;
      • withhold funds from you or restrict your access to funds;
      • refuse to make payments from/to your e-Wallet; and/or
      • do anything else it reasonably considers necessary.
    2. We must inform you of any such actions we take, unless we have a reasonable belief that we are prevented from doing so by law or regulation.

    3. We may stop providing any or all of the e-Wallet Services and/or any or all of the Payment Services at any time, for any reason, by giving you at least 2 months prior written notice or with immediate effect if we have reasonable grounds relating to security, fraud or credit risk, or if you have breached a term of these Terms. We will give you written notice to the last postal address or email address, as the case may be, that you have given to us.
    4. If we close your e-Wallet:
      • we will ask you to provide us details of where you would like us to transfer the balance to, provided that your chosen option is available and there is no limit or other restriction for us to do so, after deducting any charges due and payable by you; and
      • any of your or our rights or liabilities which have accrued prior to the termination shall continue until fully discharged by the relevant party, save for any rights or liabilities which are expressed to continue after these Terms end.
    5. We reserve the right not to provide an explanation on our decision regarding restricting, blocking, or closing an e-Wallet account where providing this information would compromise reasonable security measures or would be unlawful.
  8. Closure and your right to cancel
    1. You may end these Terms and close your e-Wallet by giving us a written notice by email as set out in paragraph 22 below.
    2. If you are an EPA Member and you end your EPA membership, your e-Wallet will automatically be closed, unless you give us notice in accordance with paragraph 22 below that you do not want to close your e-Wallet. Please refer to the terms and conditions of the Prepaid Card Issuer for the effect on your Prepaid Card of ending your EPA membership.
    3. If you are an applicant for EPA membership and you withdraw your application, if you have an e-Wallet that was opened:
      • as a result of your EPA membership application, it will automatically close, unless you give notice in accordance with paragraph 22 below that you do not wish to close your e-Wallet; or
      • before you decided to apply for EPA membership, your e-Wallet will remain open.
    4. You may not instruct us to carry out any e-Wallet service and/or payment service on your e- Wallet after you have instructed us to close your e-Wallet or after you have ended your EPA membership. However, we will carry out any instructions in accordance with these Terms that you have given us for any e-Wallet Services or Payment Services prior to your instruction to close your e-Wallet.
    5. When you give us notice to close your e-Wallet you will not be entitled to a refund of any transactions you have made or of any fees or costs that you may have incurred on the e- Wallet, which are then due and payable by you. We may deduct these fees from the balance on your e-Wallet. We will close your e-Wallet after all amounts have been paid by you or deducted by us. We will transfer any balance remaining on your e-Wallet to the most recent details you have given us of either a debit card or bank account in your name, to your Prepaid Card or any other prepaid card.
    6. If you are an EPA Member please see the terms and conditions of the Prepaid Card Issuer for:
      • the effect of withdrawing the EPA membership application on your Prepaid Card or the effect on your application for a Prepaid Card if it has not yet been issued; and
      • details of how amounts owing and payable to the Prepaid Card Issuer are to be paid when you stop being an EPA Member and details on how the Prepaid Card will then also be closed.
  9. Your obligations
    1. When using the Electronic Payment System, you must:
      • comply with the instructions for use on the Electronic Payment System and in any operational or user documentation that we may make available to you;
      • check that the instructions you give us to make a Payment Transaction are accurate and correct;
      • not use your e-Wallet, the Electronic Payment System, the e-Wallet Services, or the Payment Services provided or facilitated by us in any unlawful way or for money laundering, tax evasion or for any other unlawful purpose;
      • comply with any obligations you may have under application law or regulation to pay and report all taxes payable by you on any funds paid into your e-Wallet to the applicable authorities;
      • not attempt to access any information held in the Electronic Payment System without authorisation from us; and
      • not introduce any viruses or harmful code to the Electronic Payment System.
    2. You must pay for any costs or losses we suffer as a result of claims anyone else brings against us (which include but are not restricted to the Prepaid Card Issuer) arising from any:
      • failure by you to comply with paragraph 9.1 above; and/or
      • inaccuracy in:
        • any information you give us (including "Know Your Customer" information);
        • any instruction for e-Wallet Services or any Payment Services you give;
        • use of your e-Wallet; or
        • any inaccuracy in connection with your application for a Prepaid Card.
  10. Our obligations

    We must at all times perform our obligations under the Terms and carry out the e-Wallet Services and the Payment Services with reasonable care and skill.

  11. Unauthorised use of e-Wallet
    1. You must:
      • treat the funds held in your e-Wallet as carefully as you would treat cash in your wallet; and
      • from the time you receive them, take all reasonable steps to keep all your Security and Log-in Details safe and secure. To avoid your Security and Log-in Details being used by someone else you must treat them as confidential, so you must not disclose them to anyone else and you must not keep a written record of them which identifies them and how to use them. You must use your Security and Log-in Details in accordance with the instructions we give to you when we issue them to you and after that in relation to how we expect you to keep them and use them.

      Use of the e-Wallet by someone other than you may mean you lose some or all of the electronic monetary value credited to your e-Wallet.

    2. If you suspect any Security and Log-in Details have been lost, stolen, misappropriated, used without authorisation or otherwise compromised, you must contact us immediately by using the internal ticket system on the EPS Website or by email to [email protected] to change your Security and Log-in Details.
    3. We may stop you using any Security and Log-in Details if we have reasonable grounds to believe they are no longer confidential to you or have been used fraudulently or without your authorisation. We will notify you by email, telephone or SMS using the latest contact details you have supplied to us, before we stop you using such identification or security feature, to tell you that we intend to do so and why.
      If we cannot contact you before we stop the use of the Security and Log-in Details we will do so immediately afterwards. We will not contact you to tell you we intend or have stopped the use of the Security or Log-in Details, if we are prevented from doing so by law or if it would adversely affect our reasonable security measures. We will either reinstate the Security or Log-in Details as soon as practicable after the reasons for stopping its use have ceased or, at that time, issue you with replacement Security or Log-in Details to use. When the reasons for us stopping your use of the Security or Log-in Details cease, unless we have already issued you with replacement Security or Log-in Details, you can contact us at any time using the internal ticket system on the EPS Website or by email to [email protected] to request that we allow you to use the Security or Log-in Details again. We, our agents and/or the police may ask you to assist us as part of our/their inquiries where your e-Wallet has been used by someone other than you without your consent.
    4. Unless we are satisfied the transaction was not authorised by you, and subject to paragraph 12, you are responsible for all transactions that take place prior to when you tell us you suspect any Security and Log-in Details have been lost, stolen, misappropriated, used without authorisation or otherwise compromised.
  12. Reporting payment transaction disputes
    1. If you believe that:
      • any Payment Transaction your e-Wallet was used for was:
        • not authorised by you; or
        • incorrectly posted to or from your e-Wallet; or
        • not carried out correctly by us; or
      • we are liable for any charges as a result of not carrying out your instruction or carrying it out incorrectly,

      then you must notify us without delay as soon as you become aware of it, but not later than 13 months after the date of the unauthorised or incorrect payment or when you became aware of such unauthorised or incorrectly carried out Payment Transaction.

    2. If we failed to provide you with information about the Payment Transaction as we are required to do (see paragraphs 4.5 to 4.7 above) then you are entitled to redress as set out below even if you failed to notify us within the timeframe set out above.
    3. If you deny that you authorised a Payment Transaction we carried out or if you claim we carried out a Payment Transaction incorrectly, it is for us to prove that it was authorised or carried out correctly. Where you deny authorising a Payment Transaction we carried out, the use of your Security and Log-in Details is not sufficient to prove either that you did authorise it or that you acted fraudulently or failed to comply with the requirements in paragraph 11 above with respect to safekeeping of your Security and Log-in Details.
    4. Provided that (a) you have notified us as required by paragraph 12.1 above; and (b) we cannot show that the Payment Transaction was authorised by you, then we will refund the amount of the unauthorised Payment Transaction to your e-Wallet. Unless we have reasonable grounds to suspect fraudulent behaviour on your part, we will make the refund as soon as practicable, and in any event no later than the end of the Business Day following the day on which we became aware of the unauthorised transaction. We will, where applicable, restore the e-Wallet to the state it would have been in, if the unauthorised Payment Transaction had not taken place, ensuring that when we credit your e-Wallet the credit value date is no later than the date on which the amount of the incorrect or unauthorised Payment Transaction was debited.
    5. You must pay up to a maximum amount of £35 for any losses we suffer from an unauthorised Payment Transaction due to the use of lost or stolen Security and Log-in Details, unless such use of lost or stolen Security and Log-in Details was not detectable by you prior to the payment or was caused by us or our agents.
    6. You must pay for all losses resulting from an unauthorised Payment Transaction where you acted fraudulently or intended or negligently failed to safeguard the Security and Log-in Details or did not notify us without delay in the way required in paragraph 11.2 above, when you became aware they were lost, stolen or used without your authorisation.
    7. Unless you acted fraudulently, you are not liable for any losses resulting from an unauthorised Payment Transaction:
      • after you notify us as required in paragraph 11.2 above;
      • if you could not notify us as we failed to provide you with the means at all times to tell us about Security and Log-in Details that have been lost, stolen, misappropriated, used without authorisation, or otherwise compromised;
      • if we fail to apply strong customer authentication, where this is required by law or regulation; or
      • where you used the e-Wallet to buy goods or services at a distance, unless the law says you are liable for the loss.
  13. Our responsibilities
    1. Subject to paragraph 13.3 below if, in providing the e-Wallet Services, we fail to comply with these Terms as they apply to e-Wallet Services, our aggregate liability to you in any calendar year shall not exceed:
      • the total amount of fees you paid us during that year for your e-Wallet Services; and
      • (if you are contracting as a consumer) any losses you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a reasonably foreseeable consequence of such failure.
    2. Subject to paragraph 13.3 below, where applicable and unless you are a consumer (that is, you only use your e-Wallet when acting for your own personal purposes outside your trade, business, or profession), we will not pay for losses that fall into the following categories, even if those losses result from our deliberate failure to comply with our obligations under these Terms:
      • loss of income or revenue;
      • loss of business;
      • loss of profits;
      • loss of anticipated savings; or
      • waste of management or office time.
    3. We do not exclude or limit our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation by us; or
      • any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
    4. If we provide you with an Identifier and we and all the other service providers involved in making the payment carry out your instructions in accordance with the Identifier, then we are entitled to consider it was carried out correctly.
    5. If you give us an incorrect Identifier or other incorrect details, then we are not responsible for failing to carry the Payment Transaction out or for carrying it out in accordance with your instructions. If the Payment Transaction has been misdirected because you gave us an incorrect Identifier, we will make reasonable efforts to recover the funds in the Payment Transaction. We may charge you a fee as set out in the Fees List for doing this. If, when making a Payment Transaction to an e-wallet that another EPA Member holds with us, the funds are credited to the wrong e-wallet because you gave us an incorrect Identifier, then we may only reverse that Payment Transaction with the consent of the EPA Member who received the funds by mistake. If we are unable to recover the funds, we will, upon your written request, provide you all available relevant information in order for you to claim repayment of the funds. If you are recipient of a Payment Transaction made with an incorrect Identifier, we will cooperate with the payer's PSP in its efforts to recover the funds, in particular by providing it with all relevant information for the collection of the funds.
    6. Please note that even if you give us information additional to the Identifier or to the information we asked for to make the Payment Transaction, we are only responsible for carrying out the Payment Transaction in accordance with the Identifier.
    7. If you ask us to make a Payment Transaction, we are responsible for carrying it out and for doing so correctly unless we can demonstrate to you and, if relevant, the recipient's PSP, that the recipient received the payment. Regardless of who is responsible for an incorrect Payment Transaction we will, on your request, immediately and without charge make efforts to trace an incorrect Payment Transaction. We will tell you the outcome of this.
    8. Provided that: (a) you have notified us as required by paragraph 12.1 above; and (b) we cannot show that the Payment Transaction was correctly carried out by us, as required by paragraph 12.3 above, we will refund the amount paid out and, where necessary, make any adjustments to the e-Wallet to restore it to how it would have been if the incorrect Payment Transaction had not taken place, including by ensuring that the credit value date for the refund is no later than the date on which the amount was debited. We will take equivalent measures if we are acting as recipient PSP on your behalf and it is proven that we are responsible for a failure to carry out the Payment Transaction correctly. We are not so responsible, however, if we refuse to make the Payment Transaction in the way set out in paragraph 16 below.
    9. If you are the recipient of a Payment Transaction that has been executed late, and we receive a request from your payer's PSP, we will ensure that the credit value date used in your e-Wallet is no later than the date the amount of the Payment Transaction would have been value dated if the Payment Transaction had been executed on time. Conversely, where you are the payer to a Payment Transaction that is executed late, you may ask us to request the recipient's PSP to credit value date the recipient's account as if the Payment Transaction had been executed correctly.
    10. We are responsible for any charges or interest you are required to pay as a result of us not carrying out your payment instruction or doing so incorrectly.
  14. Circumstances beyond our control
    1. We are not responsible for any breach of these Terms by us, or for any loss you incur in connection with such breach, due to any Circumstances Beyond Our Control.
    2. Our performance of the e-Wallet Services and the Payment Services is deemed to be suspended for the period that the Circumstances Beyond Our Control continue, and we will have an extension of time for performance for the duration of that period.
    3. If any Circumstances Beyond Our Control occur, we may take any action we consider appropriate in connection with the e-Wallet Services and payment services and use reasonable endeavours to end the Circumstances Beyond Our Control.
  15. When do we receive and execute your instructions to make payment transactions?
    1. We will consider any instruction for a Payment Transaction to be authorised by you once you have given us consent to carry it out. You consent to making a payment by following the on-screen prompts when using the Electronic Payment System and using one of the tools we make available for you to confirm payments. The on-screen prompts of the Electronic Payment System will require you to provide the type of unique Identifier relevant in each circumstance. This will depend on whether the payment is to an e-wallet held with us, or to a payment account with another PSP. When making a payment to another e-wallet held with us you will be prompted to provide the recipient's phone number, e-mail or e-wallet number. If you are making a payment to a bank account, you will have to provide us with the sort code and account number you want to make the payment to, or equivalent details for payments outside the UK and the EEA (such as the IBAN or SWIFT, as appropriate).
    2. Unless there is a problem with the Electronic Payment System, we will ordinarily receive your Payment Transaction instruction at the time you confirm it. If we make this function available on the Electronic Payment System, and you instruct us to carry out a Payment Transaction on a specific day, then we will treat the time of receipt of the instruction as being on that specified day. If the payment instruction is to pay another e-wallet operated through our Electronic Payment System, we action it at the time we receive your instruction. If it is an instruction for a Payment Transaction to a payment account operated by another PSP, then we will accept your instruction at the time you confirm it. A payment in euro or in sterling (provided a sterling payment is executed wholly within the UK), will reach its destination, at the latest, on the Business Day following that on which we receive your instruction. Other payments wholly executed within the EEA may take to process up to 4 Business Days following the Business Day on which we receive your instruction. The time at which we will make other international payments depends on the timeframe for doing so and the business hours of the other PSP.
    3. Once we have received confirmation of your payment instruction ordinarily you cannot withdraw it unless we agree or unless the payment instruction is to make a payment on a specified future date. For payments on a specified future date, you can revoke the payment instruction up until the end of the Business Day preceding the day that you instructed us to make the payment on unless we agree to revoke it later. Our charges for revocation of a payment instruction are set out in the Fees List. If you initiate a Payment Transaction through a payment initiation service provider, you may not revoke the payment instruction after giving consent to the payment initiation service provider to initiate the payment.
  16. What happens if we refuse to carry out an instruction you give?
    1. If we refuse to carry out an instruction we will tell you (unless it would be unlawful for us to do so) by displaying a message on the Electronic Payment System at the time we refuse to make the payment, and, if possible, we will tell you why. Where it is possible to rectify the reason for our refusal we will tell you how to remedy the issue.
    2. We will treat a payment instruction which we refuse as not having been received by us, and these Terms will therefore not apply to them.
    3. We may not refuse to carry out your instruction if all the Terms have been satisfied, unless it is unlawful to carry out your instructions.
  17. When are payments into your e-Wallet available for you to use?
    1. Payments into your e-Wallet will be available for you to use on the same Business Day as we receive it, unless before crediting the Payment Transaction on your e-Wallet and making it available for you to use we are required to make a currency conversion involving one or more currencies other than the currencies of the EEA.
  18. Changes to your contact details and account information
    1. You must tell us by email as soon as possible of any changes to your name, postal address, telephone and email address so that our records are accurate, complete and up to date. You must provide any document that we request to confirm the changes as stated in paragraph 6.
    2. You must separately tell the Prepaid Card Issuer about changes to your personal details of which the Prepaid Card Issuer requires notice.
    3. We will not be liable for any losses arising out of your failure to update us of any changes to your details.
    4. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence to do so.
    5. We will communicate with you primarily by email or by posting information to the EPS Website or the Electronic Payment System. It is your responsibility to ensure that you are able to receive and send emails, and have the required access to the EPS Website. We may also communicate with you by post and telephone.
    6. You can communicate with us using any of the ways for contacting us in the Notices clause and by using the Electronic Payment System and EPS Website.
  19. Your personal information
    1. We collect and retain information about you so that we can operate the e-Wallets (and, if you are an EPA Member, to liaise with the Prepaid Card Issuer and the EPA). We may use third parties to process your personal information on our behalf.
    2. We and our affiliates are committed to maintaining your personal data in accordance with legal requirements relating to the collection, storage and use of personal data. Except as required by law, or in accordance with these Terms and/ or our privacy policy available here, your personal information will not be passed to anyone without your permission. By accepting these Terms you so agree to the terms of our privacy policy. You should print and keep a copy of our privacy policy together with these Terms. You can email us at our contact details below to request a hard copy of the Privacy Policy to be sent to you by post. By accepting these Terms you agree to receive email newsletters from us informing you about new product features, events, promotions, special deals etc on a regular basis. If you do not wish to receive any such newsletters, you can opt out at any time here. Every email newsletter from us that you receive will also give you an option to unsubscribe from future newsletters. No data is stored by us outside the European Economic Area (EEA). However, to provide you with certain cross-border services we may have to share your data with entities outside the EEA. By instructing us to make payments from your e-Wallet or to accept payments into your e-Wallet from persons or entities outside the EEA, you consent to us sharing your data with entities outside the EEA as far as this is reasonably necessary for the proper execution of the Services.
    3. If we suspect that we have been given false or inaccurate information, we may record and retain such suspicion together with any other relevant information.
    4. If we receive false or inaccurate information, and we identify or reasonably suspect any fraud or other illegal activities, then we will pass details to fraud prevention agencies and/or other relevant agencies to prevent fraud, money laundering and other illegal activities.
    5. We may check all personal information you give us with fraud prevention agencies and other organisations, and we may obtain information about you from credit reference agencies to verify your identity. A record of such enquiries may be left on your files with such third party organisations and agencies and also held by us.
    6. We may monitor and/or record telephone calls we have with you to help us maintain and improve the quality of service and for fraud prevention and detection purposes.
  20. No liability for tax
    1. Save as required by any applicable law or regulation, we have no obligation whatsoever to any taxation or similar authority in respect of any taxation or other similar duty or levy payable by any e-Wallet holder. It is your obligation to pay all taxation, duties and levies that are payable by it in respect of your e-Wallet and the e-Wallet Services and Payment Services you instruct us to carry out.
  21. Complaints procedure
    1. If you have a complaint regarding the e-Wallet Services and/or the Payment Services, or any other matter contained in these Terms, please raise a ticket using the messaging system in the Electronic Payment System. Alternatively you can contact us by email to: [email protected] or in writing as set out in paragraph 22 below. All complaints will be investigated in accordance with our complaints procedure available here. We will send a final response to you by the end of fifteen Business Days after the day on which we receive the complaint from you. However, in exceptional circumstances which are beyond our control, we may send you a holding response within fifteen Business Days, and a final response no later than thirty-five Business Days from receipt of the complaint. We will send you a hard copy of the complaints procedure if you request one by writing to us or sending us an email and when we acknowledge receipt of a complaint from you.
    2. If you complain and we do not resolve your complaint to your satisfaction, you may also be able to refer your complaint to the Financial Ombudsman Service http://www.financial-ombudsman.org.uk/. You can contact them by telephone on 0800 023 4567 Monday to Friday – 8am to 8pm, Saturday – 9am to 1pm or email: [email protected].
  22. Notices
    You can contact us using the following details:
    Head office:
    91 Wimpole Street, London, W1G 0EF, United Kingdom
    Telephone: +44 (0)20 7873 2383
    Fax: +44 (0)207 504 8585
    or as elsewhere indicated in these Terms.
  23. Severability
    1. If and to the extent that an applicable law is inconsistent with these Terms in a way that would otherwise have the effect of making a provision in these Terms:
      • illegal, void or unenforceable; or
      • contravene a requirement of that law or impose an obligation or liability which is prohibited by that law,

      then the law overrides these Terms to the extent of the inconsistency, and these Terms are to be read as if that provision were varied to the extent necessary to comply with that law and avoid that effect (or, if necessary, that provision be omitted) and the remainder of these Terms will stand and be read as if that part were not included.

    2. If any term of these Terms is invalid, unenforceable or illegal in a jurisdiction, that term is read as varied or severed (as the case requires) only for that jurisdiction and the remainder of these Terms will stand and be read as if that part were not included.
  24. Transfers
    1. These Terms are personal to you. You must not grant any legal rights to anyone over any of them and you must not transfer your rights and obligations under these Terms to anyone.
    2. We may assign or transfer our rights or obligations under these Terms, either in whole or in part, to anyone if they:
      • hold all regulatory approvals necessary to perform the e-Wallet Services and payment services; and
      • agree not to reduce your rights, the e-Wallet Services and Payment Services that are set out in these Terms.
  25. Changes of these terms
    1. We may change these Terms and the Fee Schedule from time to time in accordance with the paragraphs below. All changes will be posted on the EPS Website and emailed to you at the last email address you provided to us. You should check the EPS Website regularly.
    2. We may make changes to these Terms if we reasonably consider this is to your advantage and there is no increased cost to you.
    3. We may also change these Terms for any of the following reasons:
      • where the change makes these Terms easier to understand or are fairer to you;
      • to cover:
        • improvements in the e-Wallet Services or payment services;
        • the introduction of a new service or the replacement of existing services with new one(s);
        • the withdrawal of a service, or part of a service;
        • changes in the costs we incur when delivering the Services; or
      • to enable us to make reasonable changes to the way we provide the e-Wallet Services and/or Payment Services where we are required to do so by law or regulation or where we reasonably expect we will be required to do so by law or regulation.
    4. Where a change to these Terms is more favourable to you we may make it immediately and without giving you prior notice. Otherwise, we will provide you with notice of any changes we propose to make to these Terms at least 2 months before the change is due to take effect. We may make any such proposed changes and will consider that you have accepted them, unless you tell us to terminate these Terms immediately and without charge before the date on which the proposed changes take effect. This means we will close your e-Wallet.
  26. General
    1. Any delay or failure by us to exercise any right or remedy under these Terms is not to be considered a waiver of that right or remedy and it will not stop us from exercising it at any subsequent time.
    2. You are responsible for safeguarding your e-Wallet and all your current security and log-in details relating to its use, until your e-Wallet has been closed, and all money due to us under these Terms has been paid by you in full.
    3. No one other than you and us has any right to enforce any of the provisions of these Terms.
  27. Governing Law

    These Terms are governed by the laws of England and Wales.

  28. Jurisdiction

    The parties to these Terms submit to the non-exclusive jurisdiction of the courts of England and Wales.