NETELLER

NETELLER policies

NETELLER TERMS OF USE

These Terms of Use are effective from 4 July 2014.

You acknowledge and agree that by checking the “Agree” box when opening your Account, you agree to abide by the following terms of use as amended from time to time (“Terms of Use”) concerning your use of the electronic money stored value service provided by Optimal Payments Limited (the “NETELLER Service”). If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Customer Contact Centre at (toll free) +1-403-233-9466 or visit http://www.neteller.com/support/.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms of Use, the following words have the meaning set out beside them:

“Account” means your card account with NETELLER which holds electronic money and which your Card(s) is linked to;

“Account ID Information” means any and all of the following pieces of information: your Card details (Card number, expiry date and CVV code), your PIN, information you use to log in to your Account, your secure identification number, security questions and answers and other Account credentials and information specific to your Account;

“Card” means each Net+ Prepaid MasterCard® issued by Optimal Payments Limited to you, whether in the form of a physical card or a virtual card or in any other form we may decide which is registered to your Account;

“Customer Contact Centre” can be contacted on (toll free) +1-403-233-9466 or by visiting http://www.neteller.com/support/;

“Deposit” means the crediting of funds to your Account by purchasing electronic money;

“Fees” means any and all fees and charges levied by us for your use of the NETELLER Service, as stated in the Fee Tables on the Website and which may be amended by us from time to time in accordance with these Terms of Use;

“Fees Table” means the tables of Fees published on our Website from time to time (and which can currently be found under the heading “Fees” on www.neteller.com);

“MasterCard” means MasterCard International Incorporated of New York or its successors or assigns;

“Member” means any person who meets all membership and eligibility requirements set out in these Terms of Use;

“Member Site” means the website accessed by Members using their Account ID Information, where Members can view their transaction history, deposit funds into their Account and make other Transactions;

“Merchant” means any commercial or business entity that (i) accepts cards displaying the MasterCard® acceptance symbol as payment (where a Card Transaction is concerned) or (ii) is validly registered with Optimal Payments Merchant Services Limited, company no.115193C, or any of the Optimal Group companies, to accept Transactions from your NETELLER Account;

“month” means a calendar month;

“NETELLER”, “Optimal”, “we”, “our”, “us” means Optimal Payments Ltd, Company No.4478861, with its registered office located at Compass House, Vision Park, Chivers Way, Histon, Cambridge CB24 9AD United Kingdom;

“NETELLER Exchange Rate” means the exchange rate used by us on all currency exchange transactions as published on our Website and which may be amended by us from time to time in accordance with these Terms of Use;

"Optimal Group" means Optimal Payments Limited, its subsidiaries, holding companies and associated companies;

“Payment” means any of the following: (i) any payment made using your Card; (ii) the debiting of an amount of electronic money from your Account and the concurrent crediting of such amount to a Merchant account, or another Member’s account, as designated by you (including by way of Subscription Billing); or (iii) the crediting of an amount of electronic money to your Account and the concurrent debiting of a Merchant account, or another Member’s account;

“PIN” means the personal identification number which we may issue or approve to be used with your Card;

“Prohibited Transaction” means any of the following types of transactions: (i) any pyramid selling, ponzi schemes or similar multi-level marketing, or matrix programs or other “get rich quick” schemes or high yield investment programs; (ii) the sale or supply of any illegal items or items which encourage or facilitate illegal activities; (iii) the sale or supply of counterfeit products; (iv) third party processing or payment aggregation products or services; (v) using NETELLER to facilitate the trade, exchange, purchase or sale of Bitcoins, or any other virtual currency. We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms of Use or an acceptable use policy published on the Website;

“Subscription Billing” is a service whereby a Member requests that regular Payments be made from the Member’s Account at specified intervals to an online Merchant;

“Transaction” means, as the context permits: (i) a Payment; or (b) a Withdrawal; or (c) a Deposit; and, in each case less any applicable Fees;

“Website” means www.neteller.com or such other website through which we may offer the NETELLER Service from time to time;

“Withdrawal” means removing funds from your Account by using your Card at any ATM or by selecting one of the withdrawal methods available to you in your country of residence as set out in the “Money Out” page of the Member Site; and

"you" or "your" means the person to whom these Terms of Use shall apply.

1.2 These Terms of Use shall apply to all Members.

1.3 Section headings shall not affect the interpretation of these Terms of Use.

1.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.5 A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006.

1.6 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

1.7 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. GENERAL

2.1 It is a condition of membership that you agree to these Terms of Use, which form a legally binding contract between you and us once you register to become a Member.

2.2 We may find it necessary to change the Terms of Use from time to time and we will notify you of any changes by sending an e-mail to the primary e-mail address registered with your Account and by posting notice of the changes on our Website with a link to the amended Terms of Use. We will provide at least two (2) months’ notice before the proposed changes come into effect, however changes that make these Terms of Use more favourable to you or that have no effect on your rights shall come into effect immediately if so stated in the change notice. Changes to the NETELLER Exchange Rates shall come into effect immediately without notice (all transactions involving currency conversion are calculated based on the average daily interbank market rate published by a third-party foreign currency data provider (Oanda) to which we add a Fee as set out in the Fees Table).

2.3 You will be deemed to have accepted any changes made to the Terms of Use unless you notify us to the contrary before they come into force. Should you disagree with the proposed changes, you have the right to terminate and close your Account immediately without charge before the proposed date of their entry into force. A notice from you that you do not agree to the changes will constitute notice that you wish to terminate your agreement with us and your Account will be immediately closed upon receipt of your notice to terminate. Your Card will be cancelled and any funds in your Account will be returned to you using such method as notified by you (subject to the normal applicable Fees).

2.4 You may review the current Terms of Use prior to initiating any Transaction at any time by clicking on the “Terms of Use” page which at the date of these Terms of Use can be found at https://member.neteller.com/document/show. The Terms of Use will show the most recent revision date. No revision will affect any Transaction that is outstanding as of the date of such revision. Use by you of the NETELLER Service indicates your agreement to these Terms of Use. We encourage you to print a copy of the Terms of Use for your future reference.

2.5 The following policies, as amended from time to time, are incorporated into and form part of these Terms of Use (and the term “Terms of Use” shall be deemed to incorporate such policies):

  1. Non-Serviced Countries list
  2. Privacy Policy
  3. Complaints Procedure

2.6 The latest version of each of these policies is located on the Website for your reference. At the date of these Terms of Use each of these policies can be found at: https://member.neteller.com/document/show.

3. NETELLER SERVICE

3.1 Optimal Payments Limited is an authorised electronic money issuer authorised and regulated by the Financial Conduct Authority in the United Kingdom, under FCA Reference Number (FRN) 900015. All Cards are issued by Optimal Payments Limited pursuant to a licence by MasterCard.

3.2 By accepting these Terms of Use and using the NETELLER Service you acknowledge that: (i) we are not a bank and your Account is not a bank account; (ii) Accounts are not insured by any government agency and the UK’s Financial Services Compensation Scheme (FSCS) does not apply to your Account; (iii) we do not act as a trustee, fiduciary or escrow holder in respect of balances in your Account; and (iv) we do not pay you interest on any balances in your Account.

3.3 Although you are not required to keep a balance in your Account, if you do have a balance in your Account, funds representing that balance are segregated and pooled with funds representing the balances of other Members in an account held by us pursuant to the requirements under the Electronic Money Regulations 2011. We are not permitted to pay any interest to you in respect of balances held in your Account; any interest earned on the pooled account will be the property of Optimal.

4. MEMBERSHIP

4.1 To become and remain a Member, you must:

  1. be at least 18 years of age and of the age of majority, whichever is older, in your country of residence;

  2. not be a resident of any country where we do not provide the NETELLER Service as set out in the Non-Serviced Country list which may be amended by us from time to time, without notice;

  3. open an Account in accordance with the instructions set out in the registration page of our sign up Website including completing all requested information set out on the registration page;

  4. maintain an active address, phone number and email address; and

  5. satisfactorily pass all of our required identity and security validation and verification checks.

4.2 You may not permit any other person to use your Account. Unless we otherwise permit from time to time, you may not open more than one Account and we may, without notice, close any or all of the Accounts of a Member who has, or whom we reasonably suspect has, unauthorised multiple Accounts.

4.3 You will promptly update your Account details on the Website if your name, address, email address, phone number, credit card or bank account information changes.

5. ELIGIBILITY

In order to use the NETELLER Service, you must:

  1. be a Member; and

  2. not be in breach of any Terms of Use or otherwise have access to your Account restricted, nor have had any previous Account closed by us.

6. USING YOUR ACCOUNT

6.1 Upon opening your Account, we will issue you with a virtual Card. In order to make a Transaction, you will need to fund your Card by purchasing electronic money to be credited to your Account. Your Card is not a credit card, charge card or a debit card. You can only spend to the value of the funds that you have in your Account.

6.2 Purchasing electronic money

  1. You may purchase electronic money by using one of the Deposit options available to you depending on your country of residence. You must provide the information requested and pass all identity and security validation and verification checks. For any Deposit, you authorise us to obtain or receive funds on your behalf from your chosen payment source, less any applicable Fees, and then issue electronic money to your Account.

  2. Notwithstanding the foregoing, certain Deposit options allow you to fund electronic money to your Account by debiting an account at your financial institution. In the event we are advised of insufficient funds in such account, we may re-present such uncleared payment at your financial institution up to two more times. In addition, we may debit the applicable insufficient funds charge and such uncleared payment from your Account, obtain it from your designated financial institution or otherwise collect it from you.

  3. Deposits are subject to fees and currency conversion fees depending on the method used. Please see section 8 for further details on fees.

6.3 Applying for additional Cards

  1. You may apply for additional virtual Cards or a physical Card once your Account has been verified (see section 6.3 (ii) below). Physical Cards are available in most countries that NETELLER is available in, but unfortunately not all. For a list of the countries where we are currently able to offer physical Cards please refer to the NETELLER website. This list may be amended by us from time to time without prior notice.

  2. In order to apply for a physical Card or more than one virtual Card, you will need to “verify” your Account by confirming your identity and where you live. Details of how to do this can be found on the Website. We may use third parties to obtain this information, which may also contain credit checks, on our behalf. You agree to us applying reasonable discretion in using and sharing relevant personal data to conduct such identity and verification checks.

  3. If you receive a physical Card, you must sign it as soon as you receive it.

  4. We reserve the right to refuse to issue you a Card in our sole discretion.

6.4 Using your Card

  1. You can use your Card anywhere MasterCard® is accepted, however a virtual Card can only be used where a physical card is not required, for example, Transactions made online or over the phone.

  2. All Transactions made using your Card are subject to:

    1. there being sufficient funds in your Account;

    2. the Merchant or financial institution being able to verify that you have sufficient funds available in your Account; and

    3. the terms and conditions of the provider of the ATM or relevant financial institution (in addition to these Terms of Use).

  3. We reserve the right to decline any Transaction at our sole discretion. We shall not be liable in the event that a Merchant refuses to accept your Card or if we do not authorise a Transaction, or we cancel or suspend use of your Card in accordance with these Terms of Use.

  4. You must not spend more money using your Card than you have in your Account. If you cause your Account to go into a negative balance, we will take any such action seriously and take any steps necessary to enforce any actions against you in accordance with these Terms of Use.

  5. In certain sectors, Merchants such as car hire companies, hotels and other service providers will estimate the total sum of money you may spend or for which you require authorisation. The estimate may be for more than the amount you eventually spend or are charged. This means that some of the funds on your Account may be held for up to 30 days (or 90 days for car hire companies) and accordingly, you will not be able to spend this sum during this period. We are unable to release such sum without consent from the relevant Merchant, which you must obtain from the Merchant.

6.5 Making Payments to and from your Account

  1. In addition to using your Card to make Payments and Withdrawals, you can also make a Payment straight from your Account to a Merchant accepting NETELLER or another Member by completing the information on the “Money Out” page of the Member Site, and, in some cases, you may be able to make a Payment to or from a Merchant, directly from the website of a Merchant.

  2. When making a Payment from your Account, you may not designate an amount in excess of the balance, plus the applicable Fees, in your Account at the time the request is made. If you attempt to do so, your Payment request will be denied.

  3. The amount of any Payment made to your Account will be credited to your Account balance, less any applicable Fees. If a Payment credited to your Account is reversed by the sender prior to you performing a Transaction, the amount of the reversed Payment will be returned to the sender and no Fees will be owed by you.

  4. You are responsible for the accuracy of your instructions; we shall not be liable for any error you make when entering a recipient’s email details or the Payment amount.

  5. You are fully responsible for any goods or services bought by you that are settled through your use of the NETELLER Service. Any dispute with a Merchant regarding any product or service bought by you through the NETELLER Service is between you and the Merchant and you agree that we shall not be a party to such dispute. We do not provide any warranties, representations, conditions or guarantees with respect to such goods and services.

  6. Payments are subject to Fees and currency conversion fees depending on the method used. Please see section 8 for further details on Fees.

6.6 Subscription Billing

  1. Some online Merchants may offer goods or services which can be paid for using Subscription Billing. This means that a Payment will be deducted from your Account at regular intervals. The amount of the Payment and the intervals at which the Payment will be deducted is determined by the relevant Merchant.

  2. Subscription Billing is an arrangement between you and the relevant Merchant. If you wish to amend or cancel your Subscription Billing Payment or have any query or dispute concerning your Subscription Billing Payment, you may only do this by contacting the Merchant directly and the terms and conditions set by the Merchant will apply. Once you have contacted the Merchant you should inform us. We are unable to cancel or amend Subscription Billing Payments without the consent of the Merchant. You should not cancel or otherwise reverse a Subscription Billing payment without contacting the Merchant first. We will not be liable for any Subscription Billing Payment that is deducted from your Account before you have notified the Merchant of the cancellation. You will not be able to cancel a Payment that has already been made to a Merchant.

  3. It is your responsibility to ensure that your Account has sufficient funds to make each of the Payments you have agreed to make using Subscription Billing. We shall not be liable for any fees, charges or fines you may incur as a result of there being insufficient funds in your Account to meet your obligations under a Subscription Billing arrangement. If your Account goes into a negative balance, the terms set out in section 10.3 shall be applicable.

  4. A payment made by way of Subscription Billing is a “Payment” as defined in these Terms of Use and the normal Fees will be applied to each Payment.

6.7 Account Limits

  1. The balance in your Account must not exceed USD 50,000 (fifty thousand US dollars) or the equivalent amount in the currency of your Account (the "Account Limit").

  2. It is your responsibility to ensure that your Account balance does not exceed the Account Limit. We will not automatically block transactions to prevent your Account exceeding the Account Limit so you should regularly check your Account balance to ensure it is within the Account Limit.

  3. If you exceed the Account Limit, you must bring your Account balance below or equal to the Account Limit within 60 (sixty) days of the date you exceeded the Account Limit.

  4. If your Account balance is not brought within the Account Limit within the above mentioned 60 (sixty) day period, we will suspend your Account and return any balance in excess of the Account Limit to the original source of the Deposit or Payment (starting with the most recent Deposit or Payment made and so on until the Account Limit is met). For example, if your most recent Deposit or Payment was a Deposit made using a credit card, we will send the amount of that Deposit (or such lesser amount required to meet the Account Limit) back to the credit card provider. If this does not bring your Account within the Account Limit, we will return the next most recent Deposit or Payment back to the source of those funds (and so on) until the Account balance is within the Account Limit. We may charge you a Fee for returning any balances in excess of the Account Limit.

6.8 Closing your Account and redeeming your funds

  1. If you wish to close your Account, you may do so by notifying us in writing. Subject to subsection (iii) below, you may redeem at par all of the balance of electronic money in your Account (excluding amounts that have not cleared your financial institution) by selecting one of the withdrawal options available to you in your country of residence as set out in the “Money Out” page of the Member Site, or by using your Card at any ATM.

  2. We will process the Withdrawal request provided all identity and security validation and verification checks are successfully completed.

  3. Depending on the method of Withdrawal you choose, a Fee may be applicable which will be deducted from the balance in your Account prior to Withdrawal.

6.9 You must give consent to the execution of a Transaction for it to be authorised. You agree that by pressing the “agree” button, or entering your Account ID Information (or any equivalent button or process whereby you submit the required Transaction information) you are confirming that you are providing consent for the Transaction to be processed and for the relevant Fees to be charged and deducted from your Account. All Transactions made using your PIN or your Account ID Information are deemed to be authorised by you. You also agree that once consent has been provided by you, the authorised Transaction can no longer be revoked. To this extent, the time of receipt of the Transaction request (and therefor the time of consent) is the time when the “agree” button has been pressed (or such equivalent button or process).

6.10 We may refuse to execute any Transaction in the following circumstances:

  1. we reasonably believe that you did not give us the instruction;

  2. we reasonably suspect fraudulent activity;

  3. your instructions are unclear, incomplete or not in the required form;

  4. we suspect that that the Terms of Use have been violated;

  5. we need to do so in order to comply with the MasterCard rules; or

  6. where we are otherwise required to do so by law or requirement of any applicable regulatory body.

We may notify you of such refusal, our reasons for doing so and, where applicable, how to rectify the error that led to the refusal, unless such notification – or any part of it – is prohibited by any law or regulation.

6.11 Merchants may not be able to authorise a Payment if they cannot obtain online authorisation from us (for example, if they are unable to access the internet).

6.12 You are fully responsible for the instructions you give to us and as a result we may not be able to detect errors in your Transaction instructions. It is important that you ensure all the details entered in respect of any Transaction are accurate. Any Transaction will be deemed to have been correctly executed where it has been executed in accordance with your instructions. However, we may in some circumstances, be able to assist you in recovering the funds involved and will apply the relevant Fee for doing so, per the Fee Table. We are unable to recover funds incorrectly sent to another Member, unless you have a police crime reference number or the consent of the other person involved.

6.13 Transactions are final and are not reversible save in the following circumstances and at our sole discretion:

  1. where we confirm there has been a Merchant error;

  2. where there is illegal activity involving your Account; or

  3. where you are in breach of these Terms of Use.

6.14 You acknowledge that certain of our Transaction options will require different types and levels of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to us applying our reasonable discretion in using and sharing relevant personal data to conduct such identity and security validation and verification checks if you choose such options.

6.15 You also acknowledge that for security purposes, certain of our Transaction options impose minimum and maximum limits on the amounts that may be transferred. We reserve the right to impose limits on the amount of any Transaction and the frequency you may use a particular Transaction option. Further information is available on the Website. These limits are subject to change from time to time without notice.

7. CARD EXPIRY, LOSS AND DAMAGE

7.1 Your Card is valid for the period stated on the face of the Card, unless its use is cancelled earlier by you or us in accordance with these Terms of Use. Transactions will not be authorised once your Card expires or if it is cancelled.

7.2 Upon expiry of your Card, we will only automatically renew Cards that have been used within the 12 months prior to expiry. A charge will not be applied if your Card is automatically renewed.

7.3 If you so request, we will replace a Card which has been lost, stolen or damaged. A Fee will be applicable for replacing a Card that has been lost, stolen or damaged.

7.4 If you find your Card after you have reported it lost, stolen or misused, you must destroy it and inform us immediately.

8. FEES

8.1 We will charge you the Fees set out on our Website for each Transaction. You authorise us to debit from your Account any applicable Fees at the time of a Transaction. We may also charge you certain administration Fees, including, but not limited to, in relation to ongoing management of inactive accounts, debt collection and reprocessing charges in case of insufficient funds. All Fees will be charged in the currency of your Account and you agree that we may debit by way of set-off from your Account any Fees, charges or other amounts owing to us and payable by you in connection with the NETELLER Service. All Card Fees will be charged in the currency of your Account, regardless of the currency of the Card or the Transaction.

8.2 We reserve the right to change the Fees from time to time, which will be implemented in accordance with Section 2.2. Updates will be indicated on the Fees page of our Website. Changes to the reference exchange rate shall apply immediately, without prior notice.

8.3 Please be aware that some ATM providers charge additional fees for the use of their ATMs. It is your responsibility to check before proceeding with your Transaction.

8.4 If you have funds in your Account and have not made any Transactions from or to your Account for a period of 14 months (“Inactive Account” or “Account Inactivity”) we will charge an administration fee (“Administration Fee”). You will be notified of this one month in advance by email. The Administration Fee will be charged annually and will be deducted from the available funds in your Account (we will not, however, cause you to go into a negative balance). By way of example:

  1. After your Account has been inactive for 14 months, we will apply an Inactive Account Administration Fee. You will still be able to access your Account should you wish to make a Transaction in the future.

  2. After a further 12 months of Account Inactivity (or 26 months of Account Inactivity in total), we will apply a second Inactive Account Administration Fee (if there are sufficient funds in your Account). You will still be able to access your Account should you wish to make a Transaction in the future.

  3. After a further 12 months of Account Inactivity (or 38 months of Account Inactivity in total) we will apply a third and final Inactive Account Administration Fee (if there are sufficient funds in your Account) and we will close your Account. You will not be able to log in to your Account after this, but you can reclaim your funds by contacting the Customer Contact Centre using the telephone number set out at the beginning of these Terms of Use.

  4. Six years after the date we close your Account, any funds which remain unclaimed will expire and be forfeited.

8.5 Details of the amount of the Administration Fee can be found on the Fees page of the Website. The Administration Fee will be charged until one of the following events occurs:

  1. you make a Transaction;

  2. the Account balance reaches zero; or

  3. the Account is an Inactive Account for a total of 38 months or more, following which period we shall close the Account and cancel your Card in accordance with these Terms of Use.

8.6 If you subscribe to the Loyalty Rewards Program, your Points balance will also expire in accordance with the NETELLER Rewards Program Terms, section 3 “If you do not perform a Qualifying Transaction”. For further information, please refer to the Loyalty Rewards Program Terms.

9. CURRENCY EXCHANGE

9.1 When you register your Account, you have the option of choosing from a list of currencies, which will be the currency in which your Account will be denominated.

9.2 If you use your Card to make a Transaction in a currency other than the issue currency of your Card, then such a Transaction will be converted to the currency of your Card on the day we receive final settlement for the Transaction (typically 72 hours after you make the Transaction). You will receive an estimate of the converted amount at the time you make the Transaction, but this may be less, or more, than the final amount deducted from your Account due to exchange rate fluctuations. We will use MasterCard authorised rates applicable for such a Transaction. A foreign exchange fee will also apply (see the Fees section on our Website for further details).

9.3 If you apply for a Card in a currency that is different to the currency of your Account, all Transactions you make from your Account using your Card will incur a foreign exchange fee. Any Transaction you make in a currency which is different to both the currency of your Card and your Account, will incur an additional foreign exchange fee (e.g. you will be charged an exchange fee for the currency conversion from the Transaction currency into the currency of your Card and a further fee for the currency conversion into the currency of your Account). We recommend that you choose the same currency for your Card as the currency of your Account.

10. CHARGEBACKS, NEGATIVE BALANCES AND REFUNDS

10.1 If you Deposit funds into your Account and then authorise a Payment or Withdrawal of those funds, you agree that you will not charge back, cancel, reverse or de-authorise the payment method used to make that Deposit.

10.2 Without limiting our rights or remedies, if you do charge back, cancel, reverse or de-authorise a payment in such circumstances, you are responsible for refunding the payment to us. We may, at our discretion, recover the amount by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.

10.3 If a negative balance is created in your Account (e.g. due to a chargeback, reversal of a Deposit, or a Transaction is processed for a larger amount than the amount of available funds in your Account) or if you cause your Account to go into a negative balance for any other reason, you will be required to repay such negative balance by uploading sufficient funds into your Account to bring it back to at least a zero balance. Your failure to do so is a breach of these Terms of Use. You agree to pay us the outstanding amount immediately on demand. We reserve the right to automatically debit such outstanding amount from any Deposits you subsequently make to your Account. We shall be entitled to charge you for any reasonable expenses we incur as a result of any negative balance on your Account.

10.4 We reserve the right, at any time, to send you reminders or to take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any such debt collection or enforcement efforts. This provision shall survive termination of the relationship between you and us.

10.5 If you receive a refund for purchases made with your Card, the refund will be paid to your Account. For legal reasons, you are not entitled to receive refunds in cash for Transactions made using your Card. Refunds may take up to 30 days to process.

10.6 We accept no responsibility for the goods or services you purchase using the NETELLER Service. All such disputes must be addressed directly with the Merchant providing the relevant goods or services. Once you have used the NETELLER Service to make a purchase, we are unable to stop that Transaction. However, where you have used your Card to buy goods or services you may have a claim against the Merchant if the goods or services are unsatisfactory, not supplied, supplied only in part or do not match the supplier’s description. You must notify us of any dispute within 60 days of the purchase and the chargeback will only be applied to your account if successfully secured from the merchant through MasterCard; MasterCard and not us will determine who will win the chargeback. If you wrongly make a chargeback claim, we will be entitled to charge you any fees we reasonably incur in pursuing the chargeback claim and we will be entitled to debit your Account with the amount of any such fees.

11. REWARD OR PROMOTIONAL PROGRAMS

From time to time, we may offer reward programs or other promotional programs. Such programs will be subject to the program rules. We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion.

12. ACCOUNT RESTRICTIONS

12.1 You agree to use your Account in accordance with the provisions of these Terms of Use and any other instruction we may reasonably give you regarding the use of the NETELLER Service. You agree and acknowledge that you are prohibited from:

  1. using the NETELLER Service to obtain a cash advance (or assisting others in such activity);

  2. using the NETELLER Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection;

  3. sending unsolicited email or similar methods of mass messaging (spam);

  4. using the NETELLER Service for any Prohibited Transaction;

  5. harassing or engaging in obscene, rude or abusive behaviour against us or any of our representatives; and

  6. tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the NETELLER Service, or attempting to do any of the foregoing.

13. KEEPING YOUR ACCOUNT AND CARD SAFE

13.1 It is your responsibility to keep your Card safe; your Card is personal to you and you must not give it to anyone else to use. You must take all reasonable precautions to keep your Account ID Information confidential and secure. This includes ensuring the ongoing security of your Account ID Information and your personal computer device for accessing the Internet. You are required to change your password regularly and to use up to date virus, malware and spyware scanning software and firewall protection to reduce the risk of a security breach.

13.2 Any person who enters the correct account and Account ID Information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and personal information, you should not divulge your password or other Account ID Information to anyone else. You may not use anyone else’s Account ID Information to gain access to another Account.

13.3 You will receive a PIN for your physical Card and you must keep your PIN safe. This means that when you receive your PIN you must memorise it and destroy the letter containing details of the PIN. You must keep your PIN secret at all times. You must not disclose your PIN to anyone including friends, family or any Merchant. You must not write down your PIN anywhere. You must not use your PIN if someone else can see you typing it in.

13.4 If you suspect that someone else knows your Account ID Information, you must contact the Customer Contact Centre immediately. If you forget your PIN you can find the details in your Account. It is important you keep your Account details safe and secure as it provides access to your virtual cards and physical Card PINs.

14. UNAUTHORISED, NON-EXECUTED OR INCORRECTLY EXECUTED TRANSACTIONS

14.1 If you think that you have lost any of your Account ID Information, or they have been stolen, or in the event of an unauthorised Transaction, or a Transaction which has not been executed or has been incorrectly executed by us, you must let us know without undue delay and in any case no later than 13 months after the debit date, through our email support form or by contacting the Customer Contact Centre. If requested to, you must also write to us within seven days to confirm the loss, theft or possible misuse.

14.2 Subject to sections 14.3 and 14.4, you shall be entitled to a refund in the amount of an unauthorised Transaction or a Transaction incorrectly executed by us and, where applicable, restoration of your Account to the state it would have been in had the unauthorised or incorrectly executed Transaction not taken place, provided you have notified us of the Transaction in question without undue delay and in any case no later than 13 months after the debit date (save where we have failed to provide or make available the required transaction information to you). Any undue delay in making a notification may result in you being liable for any losses as a result.

14.3 Subject to section 14.4, you are liable up to a maximum of £50 (or the equivalent in the local currency) for any losses incurred in respect of an unauthorised Transaction arising from:

  1. the use of your Account ID Information where these details have been stolen; or

  2. where you have failed to keep your Account ID Information safe.

14.4 You will not be liable for any losses which arise after you have notified us that you believe any of your Account ID Information has been stolen or might be used in an unauthorised way, as specified in section 14.1.

14.5 You shall be liable for all losses incurred in respect of an unauthorised Transaction where:

  1. you have acted fraudulently;

  2. you have compromised the security of your Account with intent or with gross negligence (for example by failing to comply with section 14); or

  3. you have provided any of your Account ID Information to another person who then uses those details to make a Transaction.

In these circumstances, we reserve the right to charge you for any reasonable costs that we incur in taking action to stop your Card or Account being used and to recover any monies owed as a result.

14.6 You acknowledge that your intended recipient of a Transaction from your Account is not required to accept the Transaction. If an intended recipient declines a Transaction from your Account, your Account will be re-credited with the amount of the Transaction and no Fees will be charged.

14.7 If you receive funds into your Account that were not intended to be transferred to you, we will be entitled to remove these funds from your Account.

14.8 For the avoidance of doubt the “VIP Fraud Guarantee” (see the Website for further information) is subject to these Terms and Conditions and Members that are part of the NETELLER VIP Program who wish to claim under the VIP Fraud Guarantee must be able to demonstrate compliance with this section 14.

15. PRIVACY

15.1 Our Privacy Policy forms part of these Terms of Use and you should review the policy referred to in section 2.5 hereof prior to agreeing to these Terms of Use.

15.2 You acknowledge and accept that: (i) when speaking to our Customer Contact Centre agents, your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; (ii) for fraud and security purposes your records are kept by us even after your Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants with whom you make a Transaction: name, Account number, jurisdiction, country of residence, nationality, residential address, postal code, email address, date of birth, and/or IP address.

16. SUSPENDING OR CLOSING YOUR ACCOUNT AND CANCELLING YOUR CARD

16.1 You have the right to close your Account and thereby terminate your agreement with us (and your right to use the NETELLER Service) at any time by notifying our Customer Contact Centre.

16.2 You can cancel your Card by notifying our Customer Contact Centre. You will be responsible for any Transactions you have made or charges incurred before you cancelled your Card. Cancellation of your Card will not automatically close your Account unless (i) you instruct us to also close your Account; or (ii) you are cancelling due to a change to these Terms of Use.

16.3 We reserve the right to terminate these Terms of Use and thereby cancel your Card and close your Account by giving you two (2) months’ prior notice. If we do close your Account, we will also cancel any Card linked to your Account. Where termination is as a result of an event, act or omission that renders the Terms of Use unenforceable, void or discharged (including as a result of illegality or change of law) we reserve the right to terminate the Terms of Use and close your Account with immediate effect.

16.4 Notwithstanding the above, we may, at our discretion, suspend or limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to make Transactions on your Account, suspending or terminating your Card, and limiting your payment options) or close your Account, at any time, without notice, in any of the following circumstances:

  1. you breach any of these Terms of Use;

  2. if we have reasonable grounds to believe that your Account has been used without your authorisation, or in connection with an unauthorised or unusual Transaction or unauthorised or unusual credit card or bank account use (including without limitation, notice of the same by your bank or credit card issuer);

  3. if we have reasonable grounds to believe that your Account has been used in connection with a Prohibited Transaction;

  4. if at any time we determine that you have provided us with any false, inaccurate, incomplete or misleading information or any name, bank account or credit card information that you are not legally authorised to use;

  5. abuse by you of the reversal or charge back process provided by your bank or credit card company or any similar behaviour where a Deposit is de-authorised, reversed or cancelled after having authorised a Payment or Withdrawal of those funds;

  6. receipt into your Account of suspected fraudulent funds;

  7. you refuse to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;

  8. initiation of Transactions that may be considered to be cash advances or assisting in cash advances;

  9. if we believe your Account or Card has been used or allegedly used, or may be used, in, or to facilitate, any fraud, financial-crime related activity or any other illegal activity;

  10. return of a payment for insufficient funds in your Account;

  11. if we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud, business, or reputational risk to us;

  12. we can no longer process your Transactions for any legal or security reason or due to the actions of any third party;

  13. an event, act or omission occurs that renders these Terms of Use unenforceable, void or discharged (including as a result of illegality or change of law); or

  14. to comply with money laundering or terrorist financing investigations or prohibitions issued by any government authorities, agencies or commissions.

16.5 Subject to section 16.6, if we close your Account, we will notify you before doing so, either by email or by letter according to the most recent contact address that you have provided and return to you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the limitation or closure) in accordance with your instructions.

16.6 In certain circumstances, we may be prohibited from notifying you that your Account has been suspended or closed. In such circumstances, we will endeavour to inform you as soon as we are able. Where an Account is suspended, we may, at our discretion, lift the suspension provided we are satisfied that the circumstances giving rise to the suspension no longer exist.

16.7 If you have or have had an Inactive Account for a period of 38 months or more, in accordance with section 8.4 of these Terms of Use, your Account will be closed. Any Account Inactivity before this version of these Terms of Use came into force shall be included in the calculation of such periods. After the closure of your Account, we will notify you using the last details you provided to confirm that your Account has been closed.

16.8 If there is a positive balance in your Account at the time your Account is closed for any reason, these will be returned to you by the method you instruct (less the normal applicable Fees) provided the funds are not subject to any restriction.

16.9 Any funds which remain unclaimed for a period of six years following closure of your Account shall expire and be forfeited.

16.10 If an Account has been closed, for any reason, no further Transactions will be possible (except to return to you the funds in your Account in accordance with these Terms of Use). In the event that a Fee is incurred or Transaction made on your Account prior to closure, you will be liable to pay any such sums to us on demand, notwithstanding the closure of your Account. This provision shall survive termination of the relationship between you and us.

16.11 Save as indicated otherwise within these Terms of Use, on closure of your Account, these Terms of Use will cease to apply and you will cease to be a Member. If you wish to become a Member again, you will need to reregister and open a new Account.

17. WARRANTIES, LIABILITIES AND DISCLAIMERS

17.1 We reserve the right to validate and verify any of the information that you provide to us with third parties at any time.

17.2 Without limiting section 6, we shall make reasonable efforts to ensure that debits and credits to your Account are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. For example, as your Card is linked to your Account, your Card may not work if there problems with the NETELLER Service, and your ability to use your Card may be interrupted when maintenance works to the NETELLER Service are carried out. We make no representations or warranties as to continuous, uninterrupted or secure access to the NETELLER Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade, outages or maintenance.

17.3 We assume that prior to opening your Account you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the NETELLER Service and you agree to indemnify us, our affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the NETELLER Service in violation of any law or regulation. This provision shall survive termination of the relationship between you and us.

17.4 WE MAKE NO EXPRESS WARRANTIES, GUARANTIES OR CONDITIONS TO YOU WITH RESPECT TO THE NETELLER SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT WHERE IMPLIED OR STATUTORY WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW.

17.5 Neither we nor any of our affiliates, holding companies, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our negligence or wilful misconduct; provided that under no circumstances shall we, our affiliates, holding companies, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:

  1. your breach of these Terms of Use;

  2. errors made by you or any Merchant or other Member in making any Transaction, such as making a payment to an unintended person or transferring an incorrect amount;

  3. use of your Account by another person who passes all identity and security validation and verification checks;

  4. returning funds to their original source in accordance with section 6.7;

  5. failure by you to use up to date virus, malware and spyware scanning software and firewall protection on the computer or other device you use to access the Internet and failure to remove viruses, malware or spyware from any computer or device as soon as practicable after they have been found;

  6. if you reveal your log-in information, or Card details to any third party as a result of a phishing communication;

  7. any fraud or misrepresentation made by a Merchant or Member, even if the Merchant or Member passes all identity and security validation and verification checks;

  8. errors or omissions in our Website content;

  9. misuse or inability to use our Website, whether due to reasons within our control or not;

  10. delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;

  11. interception or seizure compelled by law;

  12. circumstances beyond our reasonable control;

  13. any abnormal and unforeseeable circumstances beyond our control (the consequences of which would be unavoidable despite our best efforts);

  14. a Merchant or third party refusing to honour a Transaction or for the Merchant failing to cancel an authorisation, or failing to cancel or amend a Subscription Billing arrangement;

  15. any action taken by us in order to prevent suspected fraud or money laundering; and

  16. any actions taken by us due to our obligations under other provisions of European Union or other applicable laws.

17.6 IN NO EVENT SHALL WE, OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALISE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.

17.7 We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the NETELLER Service.

17.8 You agree to indemnify us, our affiliates, holding companies, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against us, our affiliates, holding companies, subsidiaries, agents or subcontractors relating to your use of the NETELLER Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by us, our affiliates, holding companies, subsidiaries, agents or subcontractors as a result of your breach of these Terms of Use. This provision shall survive termination of the relationship between you and us.

17.9 We confirm that Optimal Payments Plc retains all right, title, and interest in and to all trademarks, trade names, logos, Website designs, text, content and graphics, and other intellectual property rights used by us in relation to the NETELLER Service and any use, reproduction, modification, or distribution by you of such trademarks, trade names, logos, Website designs, text, content, graphics, or other intellectual property rights, is prohibited.

18. COMPLAINTS PROCEDURE

18.1 We refer you to our complaints procedure referred to in section 2.5 hereof for any complaint or dispute you may have concerning your Account. If we are unable to resolve your complaint, you may also complain to the Financial Ombudsman Service which applies to services offered by us.

18.2 You may contact the Financial Ombudsman Service by:

  1. posting your complaint to the Financial Ombudsman Services, South Quay Plaza, 183 Marsh Wall, London E14 9SR;

  2. telephone on 0800 023 4 567; or

  3. email at complaint.info@financial-ombudsman.org.uk. The Financial Ombudsman Service’s website is www.financial-ombudsman.org.uk.

18.3 You agree to waive any right you may have to commence or participate in any class action suit or proceeding against us, our affiliates, holding companies, subsidiaries, agents and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.

18.4 We encourage you to inspect your Account history online and to print or save a copy of all Transaction data for future reference. If your Account history shows Transactions that you did not make or authorise, you must notify us immediately upon identification or suspicion, pursuant to section 14.1.

19. GENERAL

19.1 We may engage the services of one or more affiliates, holding companies, subsidiaries, agents or subcontractors in order to fulfil our obligations.

19.2 These Terms of Use shall be governed by the laws of England. All disputes arising out of or relating to these Terms of Use shall be resolved by the English Courts, except where European Union legislation requires a specific dispute to be resolved by the courts of another jurisdiction.

19.3 We may send communications and notices to you at the email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these Terms of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given 10 business days after the date of mailing.

19.4 These Terms of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms of use.

19.5 These Terms of Use and the policies referred to in section 2.5 constitute the entire agreement between us and you with respect to the NETELLER Service and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Use and the version on the Website, the version on the Website will prevail.

19.6 Our delay or failure to exercise or enforce any right under these Terms of Use shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.

19.7 The rights and remedies available to us in these Terms of Use are cumulative and are in addition to any other right or remedy available to us at law or in equity.

19.8 You may not transfer, novate, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use. We reserve the right to transfer and assign these Terms of Use, and you agree that we may assign any rights or novate any obligations hereunder, without your further consent.

19.9 No provision in these Terms of Use creates a partnership between you and us or makes either of us or you the agent of the other for any purpose. You have no authority to bind, to contract in the name of, or to create liability for us in any way for any purpose.

19.10 In the event that any part of these Terms of Use is held not to be enforceable, this shall not affect the remainder of these Terms of Use which shall remain in full force and effect.

19.11 In the event these Terms of Use are available in a language other than English, all versions are legally binding; if there is any inconsistency between the English Language version and a translated version, the English Language version will prevail.

20. NETELLER SUPPORT

20.1 Our Customer Contact Centre is open 24 hours a day, 7 days a week. You can find contact details on the Website. A Lost and Stolen reporting service for Cards is also available 24 hours a day, 7 days a week, the details of which can be found on the back of your Card, or on the Website. You will need the permission of the bill payer before making any telephone call. We may record any conversation you have with the Customer Contact Centre for training and/or monitoring purposes.