Rewire - Terms of Service (EEA)
Welcome to Rewire, an online platform offering users financial services for internationals living and working in Europe (the “Service”). The Service operates through our website (at https://hello.rewire.to/), our mobile application, and the web application (at https://app.rewire.to/) (the “Website” and the “App” respectively). These are all owned and operated by Rewire EU B.V., registered at Nieuwezijds Voorburgwal 162, 1012 SJ Amsterdam, Netherlands (Chamber of Commerce registration 72553936) and its affiliates (“Rewire”, “we”, “us”).
Rewire EU B.V. is a licensed electronic money institution and is supervised by the Dutch Central Bank (DNB) as such (relation no. R161025, see register here) and the Netherlands Authority for Financial Markets (AFM) (relation no. 12047873, see register here).
If you are residing in the UK, other service providers are involved. Please visit https:// go.rewire.to/terms-uk for the applicable terms.
On a particular date to be determined by Rewire, falling out between 22-30 March 2023, REWIRE WILL NO LONGER ACCEPT NEW CUSTOMERS OR ALLOW NEW USERS TO REGISTER TO THE SERVICE. This non-acceptance of new customers will not be removed at any point in the future and will remain permanently in effect.
REWIRE WILL DISCONTIUNE ALL OF ITS SERVICES, INCLUDING, REMITTANCES, OFFERED CURRENTLY BY REWEIRE IN THE EU AND UK. A NOTIFICATION IN ACCORDANCE WITH THESE TERMS OF SERVICES, WILL BE ISSUED TO ALL REGISTERED USERS ABOUT THE SERVICES’ DISCONTINUATION AND USERS ACCOUNTS’ TERMINATION.
Description of our Service
Rewire provides its users a user account, which is an E-money account, possibly with a connected IBAN (“User Account”), that can be used for deposit and transfer of funds, and for making or receiving payments, all in accordance with these Terms.
The following key points of the Terms of Service are only brought for your convenience. They do not substitute the full Terms.
I.
Using the Service. You may only use the Service if you are an individual, over the age of 18, with full legal capacity.
II.
Registration. To use the Service, you must register to the Service and accept these Terms of Service. During registration you are required to provide
certain information for identification and verification purposes.
III.
Personal use. The Service is provided only for personal, non-commercial use.
IV.
Lawful use. You will use the Service in a lawful manner, complying with all applicable laws, regulations and these Terms of Service.
V.
Deposit and transfer of funds. You may use the Service for depositing and transferring of funds to designated recipients. We may refuse to accept a deposit or a request to transfer funds, in our absolute discretion, if it does not comply with these Terms of Service or may violate any legal or regulatory requirement.
VI.
Privacy. We respect your privacy as further explained in our Privacy Policy,
which is incorporated to these Terms of Service by reference.
VII.
Intellectual Property. All legal rights in the Service, including all intellectual property rights, are owned by Rewire.
VIII.
Limitation of liability. To the maximum extent permitted by the applicable law, Rewire will not be liable
for any indirect damage or loss, arising from the use of the Service. Rewire’s liability for direct damages is limited in amount.
IX.
Law & Jurisdiction. Use of Rewire is governed by and construed solely in accordance with the Laws of the Netherlands, and subject to the exclusive
jurisdiction of the competent courts in Amsterdam, the Netherlands except for as subject to your local statutory rights. You may also submit your complaint to the Financial Services Complaints Tribunal (Kifid – http://www.kifid.nl).
X.
Contact us. At any time, you may contact us with any question that you may have with respect to the Service, at: [email protected], [email protected], [email protected].
…and in detail
Please read carefully the following Terms of Service (the “Terms”). By registering to the
Service, through the Website or the App you agree to be bound by the Terms. If
you do not agree to the Terms,you may not use, access
or register to the Service.
Upon your request
(to the email address:
[email protected], [email protected],
[email protected]),
we will send you a copy of the Terms via email, on paper, or on another durable
medium. We communicate with you in the English language.
1.
Definitions
1.1.
“Registered User”, “User” or “you” – An individual who registers to the Service
pursuant to these Terms.
1.2.
“Recipient” – a person or any other legal
entity that receives
funds from a User through the Service.
1.3.
“Delivery Point” – A place or service through
which a Recipient may withdraw
or otherwise receive funds transferred from a User.
1.4.
“Transaction” – any use of
the Service by a User, including each money transfer that a User initiates.
1.5. “Prohibited
Purpose” – Any purpose for using the Service not
specifically allowed hereunder, including use of the Service for any
Transaction that (i) is prohibited under applicable law or the law that governs
the destination or source of the transfer; (ii) is obtained by illegal
activity; (iii) is transferred for the purpose of funding illegal
activity;
duty to report funds; (v) is designed to avoid the seizure of such funds
by law enforcement authorities; (vi) violates orders
of any court of law;
(vii) is transferred to third parties that provide services
that are similar to the Service (e.g.
other remittance services
or e-money accounts
in your name; or(viii)
is connected to the sale or supply of: tobacco products, prescription drugs,
weapons, pornography, adult
material, escort services, massage
services, disallowed pawn shops, material which incites violence, hatred,
racism or which is considered obscene, any counterfeit products, gambling services
(including without limitation lotteries, including government owned or licensed lotteries, sports
betting, casino and poker games both online or offline), items which encourage
or facilitate illegal activities, multi-level marketing, pyramid selling or
ponzi schemes, matrix programs or other “get rich quick” schemes or high yield
investment programs, cryptocurrency, foreign exchange, stock brokers, or goods or services that infringe the intellectual property
rights of a third party.
2.
Who may use the Service?
The Service is provided only to Registered Users. You may not use the Service
if you are not eligible to be a Registered User. To
be a Registered User you must be: an individual, over the age of 18, with full legal capacity.
3.
Registration and Account Set Up
3.1. To use the Service, you must first register through
the Website or the App. As part of the registration, you are required to
provide Rewire with the following information:
3.1.1. Full name.
3.1.2. A passport
number or similar valid identification document number acceptable to Rewire.
3.1.3. A copy of the passport
or similar valid document acceptable to Rewire.
3.1.4. Permanent address details.
3.1.5. Telephone number.
3.1.6. Valid and active email address.
3.1.7. Additional information as may be required by Rewire.
3.2. Rewire may use different means and procedures to verify the details you provide. Among such methods, Rewire may send a
message to the telephone number or email address you provided during
registration, and may require validation prior
to confirming your User Account and activating it. Rewire may also use
facial biometric comparison technology in order to verify your identity.
3.3.
Rewire may request you to provide
additional information or means of identification and may request, access, process and
store information from third parties, subject to applicable law, to verify your
identity and the information you provide.
3.4.
Rewire is
not obliged to accept your request for registration and may, in its discretion,
decline such registration. Without derogating from the generality of the above,
Rewire may decline your request for registration if (a) Rewire believes or
suspects that you do not comply with the conditions and requirements pursuant
to these Terms; (b) the information you
provided is or seems to be incomplete, inaccurate, misleading or incorrect; (c) Rewire believes or suspects that the confirmation of your registration may breach or violate any regulatory duty or procedures.
3.5.
Rewire’s
confirmation and activation of a User Account is a pre-condition for using the Service.
3.6.
During
registration, Rewire will provide you with a personal username (which may be
your telephone number or e-mail address)
and will allow you to define a password. Any action made usingthe aforesaid username and password shall
be deemed made by you. Alternatively, Rewire may allow
registration to the Service through
a third-party account (e.g. Facebook, Google, etc.).
3.7. You may not create more than one User Account.
4.
Use of the Service
and Restrictions
4.1. You may use the Service
only for your own personal, non-commercial purposes.
4.2. When using the Service, you will not:
·
Interfere with, burden upon or
disrupt the functionality of the Service;
·
Breach the
security measures protecting the Website, the App or the Service or publish,
make available or otherwise make known to third parties any security
vulnerabilities in it;
·
Circumvent
or manipulate the operation or functionality of the Service, or attempt to
enable features or functionalities that are otherwise disabled, inaccessible or
undocumented in the Service;
·
Use or
launch any automated system, including robots, crawlers and similar methods to
collect content from the Service;
·
Collect,
harvest, obtain or process personal information of or about other Users of the
Service.
5.
Security
You undertake to take
the following security measures:
·
keep your personal username
and password confidential;
·
do not allow any third party to use your, username, password, payment card or
any other instrument or log in method for your User Account;
·
check your User Account
at least once a
month;
·
be cautious
and careful with means of communication. This means, for example, that your computer or other equipment is
equipped with the best possible security against viruses, harmful software
(malware, spyware) and other misuse.
You undertake to inform Rewire in any case of unauthorized access to
your User Account that you become
aware of, without
undue delay. We will then block your account as soon
as reasonably possible. Without limiting the generality of the foregoing, unless
you notify Rewire without undue delay of any unauthorized use of the User Account, you shall indemnify Rewire
for any cost, expense or loss incurred by Rewire due to any such unauthorized
use.
6.
User Account
6.1.
Your User Account is personal. You undertake not to make any use of you User Account
other than for you own personal use, according to these Terms and the applicable
law.
6.2. You have access to your User account via the
Website and the App with your personal username and password.
6.3. You can use your User Account to deposit funds in accordance with Clause 7, to transfer
funds in accordance with Clause
8 or for other purposes
as permitted by us from time to time.
6.4.
Your User
Account is an electronic money (e-money) account and not a bank deposit. Any deposits
that you make to your User Account
do not bear any interest.
Rewire link a virtual international bank account
number (“IBAN“) to your
User Account. You can use the virtual IBAN to make or receive payments in a
similar way to an ordinary bank account, as described in these Terms.
6.5.
We may at any time,
for any reason, block your User Account.
The following is a non-exhaustive list
of example in which Rewire may choose to block your User Account:
·
You act in breach
of these Terms;
·
When we
suspect the User Account is used for fraudulent or criminal purposes, if we
consider the use of the User Account to be suspicious or unusual
·
your activities are not in line with our risk
management or acceptable use policies;
·
you have not provided information required by us,
or provided false, inaccurate or incomplete information;
·
we reasonably believe that your account has been
compromised or for other security reasons;
We can block your account without prior notification to you. When we
block your User Account, you may not be able to access all or part of your
funds until we deem that unblocking your account is acceptable.
7.
Deposit of funds
7.1.
As a
Registered User, you may deposit funds to your User Account. You can
furthermore receive incoming wire transfers made to the virtual IBAN linked to
your User Account.
7.2.
You can deposit
funds by loading your E-money account via the methods made available to you by Rewire.
Upon acceptance of a deposit,
Rewire will update
the balance in the User Account. You will be able to see the
updated balance through the Website or the App. Funds that we receive on your
behalf (for instance a deposit made
by you or an incoming wire transfer) will be credited
to your User Account no later than by the end of the business day on which we have received
such funds
7.3.
All credit
entries to your User Account
are subject to Rewire’s final
receipt of such funds.
Should Rewire credit your User Account prior to final receipt of such funds,
Rewire is entitled to reverse the crediting of your User Account without any approval or notice being required if Rewire has not actually
received such funds
or is required to reverse
or repay such funds.
7.4. Rewire may, at its sole discretion, apply
limitations to your deposits or refuse to accept deposits.
·
Rewire may
for instance limit the deposit of funds (a) to certain currencies or (b) to certain means of deposit. An example of such limitation is that we limit a deposit of
funds to the local currency
only.
·
Rewire may for instance
refuse to accept
a deposit, if the deposit
does not comply with
these Terms or if Rewire
reasonably believes that such deposit
may violate any legal or regulatory requirement.
7.5. Upon your request, we will return the [nominal
value of the] total balance in the User Account to the bank account [or other
payment method] you used to put money
in the User Account. However,
we may withhold the balance
if we are required to do so under
applicable laws.
8.
Transfer Request
8.1. If you have sufficient funds in your User Account,
you may at any time place a request to transfer funds to certain designated
Recipients (a “Transfer Request“).
You can make a Transfer Request to a Recipient
outside the Single
European Payments Area (“non-SEPA Transfer“) and within
SEPA (“SEPA Transfer“).
Currently, the following countries are SEPA countries: the members of the
European Union, the United Kingdom, Norway, Iceland, Liechtenstein, Monaco, San
Marino and Switzerland.
Non-SEPA Transfers
8.2.
For a non-SEPA Transfer, you must specify:
·
The Recipient’s
information as requested by Rewire on its Website or in the App, such
as: full name, telephone number,
address, bank account
details, and other information
Rewire may require.
·
The amount
to be transferred. Such amount will not exceed the maximum transfer amounts determined by Rewire from time to time and the current
balance in your User
Account. Rewire may also set up limits on the aggregate amount of all Transfer
Requests during a given period. Such limits may change from time to time at
Rewire’s sole discretion, including
as a result of regulatory requirements or as required by Third-
Party Service Providers.
·
You must
also confirm that the Recipient is an individual with whom you have a personal
relationship.
·
Rewire is
not obliged to check whether the information in the Transfer Request is correct.
8.3.
The actual transfer
of funds for a non-SEPA Transfer usually takes 1-2 business days but may occasionally take more time, due to reasons
which are not fully in Rewire’s control.
SEPA Transfers
8.4.
For a non-SEPA Transfer, you must specify:
·
The
Recipient’s information as requested by Rewire on its Website or in
the App, such as: name, IBAN and other information Rewire may require.
·
The amount
to be transferred. Such amount will not exceed the maximum transfer amounts determined by Rewire from time to time and the current
balance in your User
Account. Rewire may also set up limits on the aggregate amount of all Transfer
Requests during a given period. Such limits may change from time to time at
Rewire’s sole discretion, including
as a result of regulatory requirements or as required by Third-
Party Service Providers.
·
You must also confirm
that the Recipient
is an individual with whom you have a
personal relationship.
·
Rewire is not obliged
to check whether
the information in the Transfer
Request is correct.
8.5.
For a SEPA
Transfer, we will ensure that the transferred funds will be delivered to the
payment service provider of the Recipient by the end of the business day
following our acceptance of the Transfer Request.
All Transfer Requests
8.6.
Unless
otherwise stated by Rewire, all transferred amounts will be transferred to the
Recipient in the local currency of the country of the Recipient’s residence.
You will be able to see the exchange rate applied to the Transaction and the
amount after the conversion when placing the Transfer Request. A breakdown of
all applicable service fees, charges, taxes shall be displayed when placing the
Transfer Request as well.
8.7.
By
submitting a Transfer Request you give consent to execute the Transaction. You
undertake to check whether we executed the Transaction correctly and fully.
8.8.
We may
refuse to execute a Transfer in our sole discretion. Examples of when we may
refuse to execute a Transfer Request are:
·
There are
insufficient funds in your User Account. Rewire does not extend credit to Users
unless explicitly agreed otherwise. Therefore, we do not allow transfer of
funds unless your balance has sufficient funds to cover the Transaction.
·
Rewire has
reasonable grounds to believe that the Transfer Request and the performance thereof
violate these terms or any legal or regulatory
requirement in the jurisdictions of
the User and the Recipient.
·
If you do not comply with these Terms at any time.
Rewire may set other conditions or requirements or withdraw the
availability of a part of its Services from time to time as a result of
regulatory requirements or prudent risk management. When we refuse a Transfer
Request, we will notify you of the refusal, the reasons (ifpermitted under
applicable laws) and the procedure for correcting the situation.
8.9.
A Transfer
Request is irrevocable once you submit it. Once you submit a Transfer Request, it cannot be
cancelled without Rewire’s prior approval. You irrevocably waive any claim or
demand against Rewire relating to a withdrawal of a Transfer Request.
8.10.
Upon
receiving a Transfer Request, Rewire will use reasonable commercial efforts to
transfer the amounts specified in the approved Transfer Request to the
designated Recipient. The time of receipt of the Transfer Request is the time
when we receive the Transfer Request. If the time of receipt is during national
holidays (In Israel or the Netherlands)or outside of Rewire business hours
(Sunday to Thursday 8 AM to 10 PM, Friday 8 AMto 7 PM and Saturday 9 AM to 8 PM)
the Transfer Request shall be deemed to have been received on the
following business day.
8.11.
Your User
Account will not be debited prior to the date on which we transfer the amount.
8.12.
All your Transfer Requests
will be displayed
in the App for at least up to 12 months.
If you require the information separately, please email us at [email protected],
[email protected] or [email protected] and we will provide this information free of
charge (if not requested more than once a month).
9.
Final Confirmation
9.1.
Upon the
actual delivery of the funds to the Recipient’s account or the Delivery Point,
Rewire shall provide you with a confirmation (“Final Confirmation”) that the amounts specified in the Transfer
Request have been successfully transferred to the Recipient. For a SEPA Transfer this Final Confirmation will be a mutation
to your User Account as reflected in the App.
9.2.
The Final
Confirmation for a non-SEPA Transfer is based on the information that Rewire receives from the Recipient’s account
or the Delivery Point. Rewire
shall not be liable for errors in connection with such
Information. The Final Confirmation will include:
·
Rewire’s reference
number of the transfer, where applicable, and an electronic invoice;
·
Confirmation of the exact amount Rewire
transferred to the Recipient; and
·
Information
on the Delivery Point where the Recipient can collect the funds, or
confirmation of the bank to which the money has been wired (as designated in
the Transfer Request).
9.3.
You
undertake to check the Final Confirmation as soon as possible for errors such
as inaccuracies and omissions, and immediately inform Rewire by phone and
e-mail if: (i) any transferfailed to reach the designated Recipient within
three business days of the approval of the applicable Transfer Request; (ii)
any Transaction has been incorrectly executed by us.
10.
Currency conversion
10.1.
If the performance of a Transfer
Request, withdrawal of money, any other
instruction of the User or action by Rewire, require that funds be converted
from one currency to another, Rewire
shall do so and the User hereby
agrees to such conversion.
10.2.
Rewire
shall convert funds at exchange rates published on its App at the time the
Transfer Request is made. You acknowledge and agree that such exchange
rates may be subject to constant changes.
When you approve
an instruction to Rewire that involves a currency conversion, you thereby
accept the currency
exchange rate that is published on the App or website at that time.
10.3.
Currency conversion fees are detailed
in the Website and the App and are
periodically updated. These
fees are always displayed when you give an instruction that involves a currency conversion.
10.4. The user hereby irrevocably waives any claim or
demand against Rewire regarding theexchange rates offered by Rewire or
available to the Users through the Service.
11.
Service Fee
11.1.
All our
Services are subject to service fees. Rewire publishes the Service fees on the
Website and the App. Rewire may update the Service fees from time to time. The
Service fees may include any additional charges or taxes applicable to each
transaction in accordance with applicable law. Rewire may deduct the Service fees, charges, taxes
and any other costs from the deposits in your User Account, and may
refuse to process a Transfer Request if the funds in your User Account are not
sufficient to cover these fees, charges, taxes and costs.
11.2.
We may
deduct any fees, costs, expenses, damages and loss resulting from your breach of these Terms (to the extent permitted by
law) from any funds administered in your User Account.
11.3.
We may change the fees of our Services. Such change may take immediate effect. If we will change the fees, we will notify you of such change.
If the change enters into effect immediately, we will let you know as soon as possible. We can for instance change the fees:
·
because there are market
developments that give rise to a change,
such as changes on the
capital or financial markets;
·
to take into account
price indexation;
·
because
there are changes of pricing by
parties that we work with or have engaged as outsourcing party;
·
because of changes to the Services;
·
because of
changes in laws and regulations, compliance with regulatory guidance or
compliance with a court order or because our cost to comply with such changes
have increased;
·
for commercial reasons, for instance
to maintain competitive.
11.4.
If you do not agree to a change of our fees, you may
terminate the Services at any time in accordance with these Terms.
If you do not object against the change of our fees or if you continue to use the
Services, you are deemed to have accepted the change in our fees.
12.
Safeguarding
Rewire is required by law to safeguard the funds received from its
clients. For this purpose, any funds received from you will be transferred into segregated bank accounts,
in order to keep such funds safe if Rewire would not be able to pay its debts
or enters into bankruptcy. As required by applicable law, these bank accounts
may be held in the name of the Stichting Rewire Foundation, registered at
Rewire’s address, Chamber of Commerce registration 74110349 (“Foundation”), with whom Rewire has an
exclusive agreement for collection and holding of third-party customer funds.
You acknowledge and agree that you do not have any contractual relationship
with the Foundation nor hold any claim against the Foundation. The involvement
of the Foundation does not affect any rights or obligations of Rewire arising
under this Agreement.
13.
Liability
13.1.
Rewire,
shall not be liable to you for any indirect, special, punitive, exemplary,
statutory, incidental or consequential damage
or any similar damage or loss whatsoever (including, without
limitation, damages incurred for loss of business profits or revenue, loss of
privacy, business interruption, loss of business information or any other loss)
arising out or in connection with these Terms and/or the use of, or inability
to use the Service, or from any failure, delay, error or breakdown in the
function of the Service (even if Rewire has been advised of the possibility of
such damages).
13.2.
In any
event, our total, maximum liability under these Terms will not exceed the following:
(i) if a dispute arises
in
connection with certain
transfer(s) processed
by Rewire
– the amount transferred by the User in the most recent transfer
that is under dispute; or (ii) if a dispute does not arise in connection with
certain transfer(s) processed by Rewire – the combined fees paid by that
certain user in the 12 most recent months to Rewire.
13.3.
The User undertakes to notify Rewire of any claim or action arising
under or relating to these
Terms as soon as possible and in any event, no later than (12) months after the cause of action has occurred. Failure
to provide such notice shall be deemed
as a waiver of such claim or action.
13.4.
In derogation of the above, Rewire is liable for the proper execution of SEPA
Transfers in the even that you have made a Transfer Request
in line with these Terms.
In the event that Rewire executes a SEPA Transfer incorrectly, without
your consent or we
do not execute a transfer, we will repay the transfer amount immediately and we
will restore your User Account to the level that it would have shown without
the incorrect or unapproved transfer having occurred.
13.5.
You must notify us as soon as possible
of an incorrect, unapproved or failed
execution of a Transfer Request.
In derogation of the previous
Clause, if you do not notify
us as soon as possible and at the
latest within thirteen months after such a transfer has been debited to your
User Account, we are not obliged to refund the amount to you.
13.6.
Rewire is
never liable for the non-execution or incorrect execution of the transfer if you have provided
us with incorrect information or if the Recipient has done so. In the event
that you have made an incorrect Transfer Request, you can request us to help
you to trace the transfer and take reasonable measures to retrieve your funds.
We will notify you of the outcome thereof. We may charge your costs that we
have to make to assist you in this respect. We cannot guarantee that you will
get the money back.
13.7.
Rewire is
allowed to engage third parties in connection with our services. Rewire shall
not beliable towards you for any acts or omissions of third parties, unless Rewire would be liable towards
you under these Terms if it had performed such acts or services
itself.
14.
Term and
termination
14.1.
You may terminate your use of the Service
at any time by uninstalling the App, ceasing any use of the Service and providing Rewire with notice by e-mail of the
termination (or via other means made available
by Rewire for this purpose).
In such case, your User Account will be terminated once all outstanding Transfer Requests have been
completed. We may terminate this Agreement at any time and for any reason by
giving you not less than sixty (60) days written notice You will be able to
withdraw any remaining funds in your User Account during a period of 20 business
days of the termination notice. Any funds remaining may be claimed
by you in accordance with Clause 7.5, but subject to our
regulatory requirements as a financial institution.. We will not charge any
fees for termination of the Service.
14.2.
If you are
in breach of any of these Terms or the terms of service of the Third-Party
Service Providers, Rewire may suspend
or terminate your use of the Service
at any time, effective immediately, with no liability to you or to any
third party for such suspension or termination. We will give you notice as soon
as possible of such suspension or termination.
14.3.
Without
derogating from the generality of clause 14.2, we may (partially) suspend or
terminate (at our discretion) your use of the Service. The following is a
non-exhaustive list of examples in which Rewire may suspend the Service or
terminate this agreement:
·
if we suspect that you use or attempt
to use the Service for Prohibited
Purpose;
·
if you act in violation of these Terms;
·
if you have not provided information required by Rewire,
or provided false, inaccurate or incomplete
information;
·
if your
use of the Service does not comply with any legal or regulatory requirement (including legal or regulatory requirements in the country of the
Recipient),
·
If we are required
under applicable laws;
or
·
if we are requested
to do so by a Third-Party Service
Provider.
·
your
account has been frozen for at least thirty days;
·
your
account has been blocked pursuant clause 6.5;
AS
OF20 May 2023, REWIRE WILL
TERMINATE CERTAIN ACCOUNTS IN ACCORDANCE WITH THIS SECTION 14.3. USERS WHOSE ACCOUNTS ARE AFFECTED BY THIS
TERMINATION WILL BE NOTIFIED SIXTY (60) DAYS PRIOR TO THE TERMINATION. WE WILL ALSO
ISSUE THREE (3) REMINDERS TO SUCH USERS REGARDING THE IMPENDING TERMINATION OF
THEIR ACCOUNTS.
…and the fine print
A. Your Representations and Warranties. You represent, warrant and undertake the following:
A.1.
You (i) are at least 18 years of age; (ii) are not declared bankrupt, insolvent or legally
unfit and were not appointed a legal guardian; (iv) are not limited by
any applicable lawor obligation to use the Service; and (v) will use the
Service only in accordance with applicable law and these Terms, and not for
Prohibited Purposes.
A.2.
You are
acting on your own behalf and not on behalf of any other person or party. You
will only make use of the Services for personal use and not for business
purposes.
A.3.
You are
not a government official or representative, or a family member or a close
associate of such government official or representative.
A.4. All information you provide during registration
to the Service and when you use the Service is
true, accurate, correct,
current and complete. You undertake to maintain and promptly update all information you provide to
Rewire and to keep it true, accurate, current, correct and complete at all
times.
A.5.
To provide
Rewire with any additional information and documents it may require in
connection with the Service (including in order to confirm your identity, the
identity of and relationship with Recipients, purpose
of the account or to verify
any information or request
you made).
A.6.
To pay
Rewire all fees, costs, expenses, charges and commissions, as specified in the
Website or App. Rewire may deduct such fees, costs, expenses, charges
and commissions from any
amount you deposit in your User Account.
A.7. Solely bear
and pay all amounts, fees, commissions, taxes and other payments,whether mandatory or voluntary, applicable to
your use of the Service (including those which apply to the Recipient and the
Recipient’s bank account).
B. Partners and Service
Providers (Applicable only to customers onboarded before Feb 8, 2023)
B.1. In order to provide the Service, Rewire
may cooperate with and use the services
of third- party service
providers including banks, financial institutions, money services providers and
others.
B.2. Certain third-party service providers may provide you some financial services,
directly, through the Service (“Third-Party
Service Providers”). A list of Third-Party Service Providers can be found here. Rewire may update
the list from time to time. The following terms apply to services provided
by Third-Party Service Providers.
B.2.1. Use of services
provided by Third-Party Service Providers may require your acceptance of their terms of service,
which can be found in the link above.
B.2.2.
The
responsibilities, obligations and liabilities of Third-Party Service Providers
are only as indicated in their respective terms of service.
B.2.3. Rewire may share your information with relevant Third-Party Service Providers for the purpose
of providing the Service, including
information regarding the identification and verification of
your identity;
B.2.4. Rewire may accept
payment orders and other instructions given by you via a Third-
Party Service Provider and apply such instructions to your User Account,
including but not limited to debiting your User Account for payment
instructions given via a Third-Party Service Provider.
B.3. As of end of 28 April 2023, Rewire will no
longer support existing debit cards held by Users, and will no longer issue new
debit cards. Users will continue to have access to User Accounts, even without
a valid debit card connected to your User Account.
C. Record keeping
C.1. We keep records of the Services, your User
Account and the rights and obligations under
these Terms. Our records serve as conclusive evidence in our relationship with you. However, you may provide
evidence to the contrary.
C.2. The law prescribes the period for which we must keep our records.
Upon expiry of the
legal recordkeeping period, we may destroy our records.
D. Payment initiation service
/ account information service
Licensed third parties
may gain access to your User Account
if that third party provides
you with a payment initiation
service (such party a “payment
initiation service provider” or “PISP“) or account information service (such party an “account information service provider“
or “AISP“) for which the
PISP or AISP party has a license. Rewire does not have an agreement or
cooperation with such parties, but is required by law to cooperate with
instructions you give via such PISPs and AISPs.
When making use of a PISP, you can give payment instructions on your User Account
via the PISP. When making use of an AISP, you access your
account information on your User Account via the
AISP. A PISP and AISP can only provide such services to you if you
give that party your permission for such service and to access your User
Account. If you have any questions or complaints in respect of such as service,
please contact the relevant service provider.
In certain circumstances, we may refuse to cooperate with a request
made via a PISP or AISP, for instance if we suspect
that such party does not have the correct license
or if we have reason to believe that the third party is
involved in fraudulent transactions or you have not actually authorized the
transactions/instructions.
E. Privacy
We respect your privacy. Our Privacy Policy,
which is incorporated to these Terms by reference, explains the privacy
practices of the Service.
F. Intellectual Property
All rights, title and interest in and to the Service, including
without limitation, patents, copyrights, trademarks, trade names, service
marks, trade secrets and other intellectual property rights and any goodwill
associated therewith, are the exclusive property of Rewire and its licensors.
Rewire grants you a personal,
non-transferable, non-sublicensable, limited
time license to use
the Website and the App for as long as you are a Registered User of the Service, only in order to use the Service.
Unless expressly permitted
in these Terms, you may not copy, distribute, display or perform
publicly, sublicense, decompile, disassemble, reduce to
human readable form, execute publicly, make available to the public, adapt,
make commercial use of, process, compile, translate, sell, lend, rent, reverse
engineer, combine with other software, modify or create derivative works of the
Website or App or any part thereof, either by yourself or by a third party on
your behalf, in any way or by any means.
You may not adapt or otherwise use, including in any Internet
domain name, any name, mark or logo that is similar to our marks
and logos. You must refrain from any action or omission which may dilute or
tarnish our goodwill.
G. Changes and Availability
G.1. We may revise
these Terms, including – but
not limited to – fees and charges, in whole or in part, at any time by providing you at least two (2) months prior notification of the
amended Terms, by e-mail to the address
we have on file for your User Account. In the
event that you do not wish to accept such changes, you may terminate the use of
the Services free of charge, as provided for these Terms. If you have not indicated that you do not want to accept the amended Terms,
you are deemed
to have accepted
the new Terms after the two month notice
period has expired.
It is your responsibility to review your email
account for such notifications.
G.2. A change of our Terms may take immediate effect if the change of the Terms is to your
benefit, a result of changes
to law and regulations, a ruling by a court (or similar
body), or action by regulators. We will inform you as soon as possible
if we make such a change.
G.3. We may, at any time and without
prior notice change
the layout, design,
scope, features or availability of the Service.
We may, at any time and without
prior notice, change the exchange rates.
G.4. The availability, functioning, quality and functionality of the Service depend on various
factors, including software, hardware and communication networks, which may be also provided by third parties, at their
responsibility. These factors are not fault-free.
H. Set-off
H.1. We may set-off
all amounts you owe us against
all amounts we owe you at any time.
We may also apply our right to set-off if:
a)
the amount you owe us is not due and payable;
b)
the amount
we owe you is not due
and payable;
c) the amounts to be set-off
are not in the same currency; or
d) the amount you owe us is conditional.
H.2. If we make use of our set-off
right, we will inform you in advance
or otherwise as soon
as possible thereafter.
H.3. Amounts in different currencies are set off at the exchange rate on the date of set-off.
I. Indemnification
To the maximum extent permitted by law, you will
indemnify, defend and hold harmless at your own expense, Rewire and its
shareholders, directors, officers, employees, consultants and affiliates, from and against any damages, loss, costs and expenses,
including attorney’s
fees and legal
expense, resulting from any
claim, allegation or demand, connected with your use of the
Service, your breach of these Terms or any rules or regulations applicable to
the Service.
J. External Content
J.1.
You acknowledge that from time to time Rewire may provide you with certain
content, including commercial messages, by way of telephone text
messages, e-mails or any other means of communication. You expressly consent
to receive commercial messages from Rewire or others on its behalf. At any time, you
may withdraw your consent and notify us that you refuse
to receive commercial messages, altogether or of specific
kind, by sending a notice of consent withdrawal. The channels through
which you may send such notice will
be detailed in the commercial messages you may receive.
J.2.
The Service
may contain content
provided by third parties or links to external websites (“External Content”). External content may be subject to different
terms of use or privacy policies. Rewire does not assume any responsibility or liability for such External Content.
K. Application Marketplace
K.1. The following terms
apply if you downloaded the App from Apple’s App Store. You and
us agree and acknowledge as follows:
K.2. These Terms are concluded between
yourself and us, and not with Apple Inc. (“Apple”). Apple is not responsible for the App. In the event of a conflict
between these Terms and
the Usage Rules set forth for Licensed Applications (as defined in the App
Store Terms of Service) or the App
Store Terms of Service as of the
Effective Date (that is when
you indicated your agreement to be bound by these Terms, by clicking the
appropriate button), the Usage Rules or the App Store Terms
of Service will prevail.
If any provision of these Terms is less restrictive than the corresponding
provision of the Usage Rules or the App Store Terms of Service, the Usage Rules or the App Store Terms of Service will
prevail.
K.3.
You may
use the App on an iPhone or an iPad that you own or control. Apple has no
obligation whatsoever to furnish any maintenance and support services
with respect to the App.
K.4. Apple is not responsible for addressing any
claims by you or any third party
relating to the App or your possession and/or use of the App, including (i) product liability claims,
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims
arising under consumer protection or similar legislation.
K.5. In the event
of any third-party claim that the App or your possession and use of the App infringes that third party’s
IP Rights, Apple will not be responsible for the investigation, defense, settlement and
discharge of any such infringement claim.
K.6.
Apple and
Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance
of these Terms, Apple will have the right (and will be deemed to have accepted
the right) to enforce these Terms against you as a third-party beneficiary
thereof. You represent and warrant that (i) you are not located in a country
that is subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a “terrorist supporting” country; and (ii) You are not
listed on any U.S.
Government list of prohibited or restricted parties.
K.7. If you downloaded the App from a different
application marketplace, other third parties may be beneficiaries of these Terms,
pursuant to those marketplace’s terms.
Such other third parties are
not responsible for providing maintenance and support services with respect to
the App.
L. Complaints,
Governing law & jurisdiction
L.1.
Rewire has
an internal complaint procedure for complaints relating to the use of its
services. If you have a complaint about our Services or you feel we do not
comply with these Terms, please contact us through [email protected] or [email protected]. We will undertake all reasonable efforts
to reply to you adequately and no later than
fifteen
(15) business days of receipt of the complaint. If we are unable to
reply within such period for reasons beyond our control, we will notify you of
the delay and the reasons and the deadline
for a final reply. At no point shall this deadline exceed
35 business days.
L.2. If the complaint cannot be resolved within four
weeks to your satisfaction, you may resort to the Financial Services
Complaints Tribunal (Kifid
– http://www.kifid.nl), but only in the
event that we have informed you of our final position on the matter. You may
also file any legal proceeds with the competent Dutch courts.
L.3.
Regardless
of incorporation or where you access or use the Service from, these Terms, your use of the Service and your activity in connection with Rewire, will
be governed by and construed in
accordance with the laws of the Netherlands, excluding any otherwise applicable rules of conflict
of laws which would result in the application of the
laws of a jurisdiction other than the Netherlands, except for as subject to
your local statutory rights.
L.4. The exclusive jurisdiction and venue of any action,
suit or legal proceedings, with respect
to the Service, these Terms or Rewire, shall be in the competent courts located in the district of Amsterdam, the Netherlands, without prejudice to your right
as permitted by law to also initiate such action or proceeding before the
competent courts in your country of residence.
M. General
M.1. Assignment.
You may not and cannot assign or transfer your
rights and obligations under these Terms without our prior written consent. Any
attempted or actual assignment by you, without our prior written consent, shall
be null and void. You may furthermore not pledge or otherwise vest a security
interest in your User Account without our prior written consent.
We may assign these Terms in their entirety, including
all right, duties, liabilities and obligations therein, upon notice to you and
without obtaining your further specific consent, to a third-party, upon a
merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating
to the Agreement. By virtue
of such assignment, the
assignee assumes our stead, including all right, duties, liabilities and
obligations, and we are irrevocably released therefrom.
M.2. Severability.
If any provision of these Terms is held to be
illegal, invalid, or unenforceable by a competent court, then the provision
shall be performed and enforced to the maximum extent
permitted by law to reflect
as closely as possible, the original
intention of that provision, and the remaining provisions of these Terms shall continue
to remain in full force and effect.
M.3. Interpretation. The section
headings in these Terms are included for convenience only and shall take no part in the
interpretation or construing of these Terms. Whenever used in these Terms, the
term “Including”, whether capitalized or not, means without
limitation to the preceding phrase.
All examples and e.g. notations are
illustrative, not exhaustive.
M.4.
Entire agreement. These
Terms constitute the entire agreement between you and Rewire concerning the
subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
M.5. Waivers.
No waiver, concession, extension, representation,
alteration, addition or derogation from these Terms by us, or pursuant to these Terms,
will be effective
unless consented to explicitly and executed in writing by our authorized
representative. Failure on our part to demand performance of any provision in
these Terms shall not constitute a waiver of any of our rights under these
Terms.
M.6. Contact us. At any time, you may contact us with any question that you may have with respect to the Service, at:
[email protected], [email protected], [email protected]