Wirebloom E-Wallet Terms & Conditions
The following terms and conditions apply in the event You are intending to use our services for commercial purposes and do not qualify as a micro-enterprise as defined under the UK Payment Services Regulations. “You”, “Your” means you, the natural person or legal entity in whose name the WireBloom electronic money account (hereinafter the “eWallet”) is registered, opened and maintained.
You acknowledge that We have relied upon Your representation that this Agreement is entered into for commercial or business purposes and not for personal, family or household purposes. You warrant that you are not a micro-enterprise. Parties acknowledge and agree that, where relevant, the rights and obligations stipulated in regulations 41 to 49, 50(4), 50(5), 51, 52, 54 to 56, 57(2), 58 to 62 of Part 6 and 66(1), 67(4), 75, 77, 79, 80, 83(2), 83(3), 91, 92 and 94 of Part 7 of the UK Payment Services Regulations 2017 (“PSR”) shall not apply.
1. WireBloom: Licence and Contact Information
1.1 WireBloom Ltd is a limited liability incorporated under the laws of England and Wales with registration number and with its registered office at 5 Merchant Square, Paddington, London W2 1AY, England (hereinafter “We” or “Us” or “WireBloom”. We are authorised by the FCA under the Electronic Money Regulations 2011 for the issuance of electronic money. Our FCA e-money registration number is 900810.
1.2 All communications to Us should be addressed to firstname.lastname@example.org or at 5 Merchant Square, Paddington, London W2 1AY, unless indicated otherwise on the Website.
2. Introduction and scope of these Terms and Conditions
2.1 These Terms and Conditions govern the opening, use and closure of Your eWallet and including the issuance and redemption of e-money and execution of transactions by Us in relation to Your eWallet. Together with Our Privacy Notice, and any other terms and conditions referred to in these Terms and Conditions or the Privacy Notice, they constitute the entire agreement between You and Us.
2.2 You confirm that You fully understand, accept and agree to be bound by these Terms and Conditions (including the Fees set out in the Fees Section of the Website in order to register and utilise your eWallet and related payment services.
2.3 No person other than You and Us shall have any rights under these Terms and Conditions. Your eWallet is personal to You and You may not assign or otherwise transfer any rights under these Terms and Conditions to any third party, without our prior consent in writing.
3.1 We may charge Fees in connection with any of Our services and facilities that You have made use of or requested based on Our Fees Section of Our Website. Transaction related fees can be viewed at any time in the Fees Section of Our Website. You should print or download and keep a copy of the “Fees” section together with a copy of these Terms and Conditions. For clarity, the “Fees” Section forms part of these Terms and Conditions and may be changed at any time in accordance with Section 15 of these Terms and Conditions.
3.2 Your transactions may be subject to currency conversions. If You make a payment from Your eWallet denominated in one currency to a Third Party eWallet or bank account denominated in another currency, You will be offered the option of making the payment in the currency of Your eWallet(s) (“Applicable Currency”) or in another currency. Any currency exchange fees shall be borne by You.
3.3 For every currency conversion, We will use a source as made known to You plus a foreign exchange fee, which is displayed in the Fees Section of the Website. The foreign exchange fee is payable in addition to the transaction fee.
3.4 You agree that any Fees and other amounts due and payable to Us under these Terms and Conditions may be deducted from your eWallet without notice. Such deductions may be made at any time, and without Us notifying You, but these will be reflected in the information on Your eWallet. Transaction fees will be charged when the transaction is executed. If Your eWallet balance is insufficient to cover the fees, We may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred.
3.5 If the deduction of fees results in a negative eWallet balance, you will be required to repay such negative balance by uploading sufficient funds into your eWallet. Failure to do so is a breach of these Terms and Conditions. Repayment of the negative balance is due immediately without notice. However, We reserve the right at any time to send You reminders that you need to upload funds or to take other debt collection measures including but not limited to debiting any accounts/ cards that are linked to your eWallet, instructing a debt collection agency or lawyers or to pursue the claim in court. We reserve the right to charge you expenses We have reasonably incurred in connection with any debt collection or enforcement efforts. In addition, where any request, transaction, disputed transaction, arbitration or reversed transaction involves third party costs You remain liable for these and they will be deducted from Your e-Wallet or otherwise charged to You.
3.6 Notwithstanding Section 3.5, You hereby authorize Us to debit any payment method linked to Your eWallet at any time, without requiring any prior written notice, in order to replenish any negative balance withheld on your eWallet.
4. Your e-Wallet
4.1 We reserve the right to not accept Your application for an eWallet with or without providing You the reason(s) for declining Your application. We reserve the right to immediately terminate these Terms and Conditions and close Your eWallet in accordance with Section 14.
4.2 Your eWallet is an electronic money account which enables You to send and receive electronic payments. Funds received by Us for the (re)loading of Your eWallet will be exchanged for electronic money. Electronic money stored on the eWallet constitutes a claim on Us, which is personal to You and no person other than You has any rights in such funds. You will be assigned an International Bank Account Number (IBAN) to your eWallet, that may be used to receive funds in accordance with Section 9. We may appoint one or more agents in respect of our operation of the e-Wallet and transactions. However, while the agent may distribute the eWallet on Our behalf, it does not act as Our agent in the issuing of e-money or the carrying out of any transactions.
4.3 Your eWallet is denominated in a currency or more currencies of your choice, as selected by you from the currencies We make available from time to time. This will remain the currency of your eWallet for the duration of your agreement with us.
4.4 You have the right to withdraw funds from your eWallet at any time. However, You may be required to confirm Your identity beforehand or provide any further reasonably requested information. There is a minimum withdrawal amount of 20 GBP and the funds on Your eWallet must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.
4.5 Electronic money accounts are not bank accounts and the electronic money held on your eWallet does not expire but it will not earn any interest. By accepting these Terms and Conditions You acknowledge that the UK’s Financial Services Compensation Scheme does not apply to your eWallet. In the unlikely event that we become insolvent, you may lose the electronic money held in your eWallet. However, the Electronic Money Regulations 2011 provides that e-money issuers like Us, should implement certain measures to ensure the safety and liquidity of funds deposited in electronic money accounts. For further information on how we safeguard customer funds, please visit our Website.
4.6 Your eWallet may be subject to upload, payment and withdrawal limits, depending on your country of residence, the verification status of your eWallet and other factors used by Us to determine such limits from time to time at Our sole discretion.
5. Opening Your eWallet
5.1 In order to use Our payment services You must first open an eWallet by registering your details on our Website or through the offline application form. As part of the signup process you will need to accept these Terms and Conditions and our Privacy Notice and you must have legal capacity to accept the same.
5.2 All information you provide during the signup process must be accurate and truthful and up to date. We shall not be held liable for any loss caused by Your failure to do so.
5.3 You must not use Your eWallet for an unlawful or illegal purpose as further explained in Section 10.
6. Maintaining Your eWallet and Security
6.1 You must ensure that the information recorded on Your eWallet is always accurate and up to date and we shall not be liable for any loss arising out of Your failure to do so. We may ask You at any time to confirm the accuracy of Your information or to provide documents or other evidence. Any amendments to Your contact details should be communicated to Us immediately, by sending the relevant documentation to Customer Support.
6.2 We may contact you by e-mail or in other ways described in Section 16 with information or notices regarding Your eWallet.
6.3 Fund uploads, payments received, payments sent and fund withdrawals are displayed in your online transactions history together with the date of receipt or transmission (the debit value date), the fees charged and, where applicable, any exchange rate used. You should check your eWallet balance and transaction history regularly and report any irregularities or clarify any questions You have as soon as possible by contacting Customer Support.
6.4 You must take all reasonable steps to keep Your eWallet password safe at all times and never disclose it to anyone including family or friends. We will never ask You to provide your password to Us or to a third party. It is advisable to change Your password regularly in order to reduce the risk of a security breach in relation to Your eWallet. You must comply with the security procedures we tell you about from time to time.
6.5 If you believe or suspect Your eWallet, login details, password or other security feature is lost, stolen or used without authorisation or is compromised, You should change your password. You must contact Customer Support without undue delay on becoming aware of any loss, theft or unauthorised use or compromise of Your eWallet, login details, password or other security features. Any undue delay in notifying Us may not only affect the security of Your eWallet but may result in You being liable for any losses as a result where Your failure to notify Us is intentional or grossly negligent.
6.6 We may suspend Your eWallet or otherwise restrict its functionality on reasonable grounds relating to the security of the eWallet or any of its security features or if We reasonably suspect that an unauthorised or fraudulent use of Your eWallet has occurred or that any of its security features have been compromised. We will notify You of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where We are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying You would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
7. Closing Your eWallet
7.1 You may close Your eWallet at any time by contacting Customer Support.
7.2 If Your eWallet holds a balance at the time of its closure, We will ask you to withdraw Your funds within a reasonable period of time, during which Your eWallet will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period You will not be able to access Your eWallet but You may withdraw any remaining funds by contacting Customer Support and requesting that the funds are sent to You. If You want to access Your transaction history after the closure of Your eWallet, You will need to contact Customer Support and request the information, You may do so for a period of six years from the date of closure of Your eWallet.
7.3 We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of Your funds, including in relation to returning any funds to You after You have closed Your eWallet.
8. Uploading and reloading Funds
8.1 You can upload/reload funds by visiting the Website, logging into Our portal and following the relevant upload/reload instructions or by wiring funds into the designated IBAN linked to your eWallet. You may be presented with a different upload/reload methods, depending on which payment methods are available in Your country of residence. Upload/reload payment methods may be payment services provided by Us or a third party financial institutions (for example, the issuer of the payment card You use to upload funds or third party direct banking service providers) and are not part of our service. We may make changes to or discontinue the acceptance of any particular upload/reload method at any time. Your eWallet will not be loaded/reloaded until cleared funds are received by Us and the necessary procedures and relevant checks have been carried out to Our satisfaction.
8.2 You are obliged to reload Your eWallet with no delay when it has a negative balance as a result of a reversal of loading transaction or any other reason by uploading sufficient funds into Your eWallet. Failure to do so is a breach of these Terms and Conditions. Repayment of the negative balance is due immediately without notice. 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 debt collection or enforcement efforts.
8.3 If You choose to upload/reload funds using a payment method that may be subject to a right to claim funds back (a “Chargeback”) such as (but not limited to) credit or debit card or direct debit, You declare that You will not exercise such Chargeback other than for unauthorised use of the payment method or for a breach by Us of these Terms and Conditions which would result in You having a right to a refund of the uploaded amount. Otherwise, You may not Chargeback any upload transaction or allow Chargeback of any upload transaction for reasons for which We are not responsible including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment method account. We reserve the right to charge You fees and expenses We incur in connection with such Chargeback and any action undertaken to challenge the same. We may also charge You a Chargeback fee of 65 EUR.
8.4 Uploaded funds will be credited to Your eWallet after the funds have been received by Us. For the purposes of an upload transaction through a payment method, we are an e-money issuer and will issue e-money in exchange for the uploaded funds. We may be acting as a payment service provider when receiving such funds or we may engage a third party payment service provider for such services. Some upload transactions, such as those by credit or debit card, direct debit or direct banking will be credited to Your eWallet immediately, but are subject to reversal if the actual funds do not reach Us within a reasonable time in which case We will deduct such reversed transaction from the balance of Your eWallet. If Your eWallet balance is insufficient, We reserve the right to require repayment from You.
8.5 You should be aware that loadings/reloadings may be subject to loading/reloading limits due to security and legal requirements. These limits depend on your verification status and the load/reload method chosen. You should be aware that depending on your verification status your upload limits may be higher than your withdrawal or spending limits. You can view these limits at any time in the relevant Section of Your eWallet profile.
9. Making Payments or Receiving Funds
9.1 To send a payment You are required to provide full details of the payment and authorise the payment with Your login details and password and any other authentication methods. All payments are subject to our checks (Section 9.2) and approval prior execution thereof.
9.2 Every recipient of a payment must have a valid means that We can verify (such as an invoice or contract). We retain the right at all times to validate the purpose of the transfer and require any necessary Know Your Customer (KYC) information or documentation in accordance with our anti-money laundering policies.
9.3 Payments are subject to payment limits due to security and legal requirements. You can view these limits at any time in Your eWallet profile.
9.4 Sending payments is subject to fees including currency conversion fees (if applicable).
9.5 If You receive funds into Your eWallet, We will send You a notification email and display the payment as a “Receive Money” transaction in Your transactions history, together with the date of receipt (the credit value date), the fees charged and, where applicable, any exchange rate used. Each transaction is given a unique transaction ID and shown in the transaction history. We will not alter or amend information displayed in Your online transaction history. You should regularly reconcile incoming payments with Your own records.
9.6 You should be aware that receipt of funds to Your eWallet does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment if the payer or the payer’s bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to Chargeback or otherwise reverse) an upload or other payment which was used to fund the payment to You.
9.7 If a person received a payment notification from Us indicating that someone has sent them funds to an IBAN account that is not registered, they will not be credited with the payment until it has been claimed in accordance with the instructions laid out in the notification email. Until then, there will be no contractual or fiduciary relationship between Us and the intended recipient. The funds remain those of the sender.
9.8 The receipt of payments is subject to fees and currency exchange fees, depending on the type of payment You receive.
9.9 We may, at any time, withhold a (reasonable) part of any funds available in your eWallet as reserve to cover any financial risk or Chargeback risk. We will notify You thereof.
10. Prohibited transactions and Illegality
10.1 It is strictly forbidden to use Your eWallet for any illegal purposes including but not limited to fraud and money laundering and terrorist financing. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using Your eWallet in an attempt to abuse, exploit or circumvent the usage restrictions imposed.
10.2 It is strictly forbidden to send payments in connection with the following prohibited categories: for the sale or supply of: tobacco products, prescription drugs, weapons, satellite and cable TV descramblers, pornography, adult material, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party, un-coded/miscoded gaming, timeshares or property reservation payments (On and Off Plan). This list is not exhaustive and it is Your responsibility to ensure that You do not use our services for transactions that may be considered illegal in Your jurisdiction. We reserve the right, in Our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms and Conditions or an acceptable use policy published on the Website.
10.3 You may not use Our services/ open an eWallet with Us if You are residing outside the EU (notwithstanding the functionality to transfer funds outside the EU to a country outside the EU once the eWallet is opened). These countries will be listed on the Website and updated from time to time. This list is not exhaustive and We may in our sole discretion decide to discontinue or restrict Our services in other countries at any time and without prior notice.
10.4 You may only accept payments for certain categories of business after approval from Us in Our sole discretion. Such business categories include but are not limited to: money exchange or remittance businesses, including but not limited to bureaux de change, currency exchanges and purchase of travel money; the collection of any form of donations or payments to charitable or not-for-profit organisations; dealing in natural resources such as jewels, precious metals or stones; live streaming; the sale or supply of alcoholic beverages; the sale of supply of dietary supplements and alternative health products; any other business category published in an acceptable use policy on the Website from time to time. In case You are in doubt whether Your business falls under any of the above categories, you must contact Customer Support. We reserve the right in Our sole discretion, to add business categories requiring approval by adding such categories either to these Terms and Conditions or an acceptable use policy published on the Website.
10.5 If You conduct or attempt to conduct any transaction in violation of the prohibitions contained in this Section, in violation of applicable laws or without the necessary approval under Section 10.4, We reserve the right to: reverse the transaction; close or suspend Your eWallet; report the transaction to the relevant law enforcement agency; and/or claim damages from you; and charge you an administration fee of up to 100.00 EUR per transaction if We apply any of the above. We also reserve the right to suspend or terminate Your eWallet at any time if We reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or other authorised body. To the extent necessary (or required by law), We may freeze any funds in Your Ewallet until investigations conclude that no breach has occurred or until such time as required pursuant to applicable laws or upon instructions of a relevant government authority or other authorised body.
10.6 It is Your and not Our responsibility to ensure that you only send payments from and to persons or entities for the sale or supply of goods and services that you may receive in compliance with any applicable laws and regulations. The mere fact that we process a payment via Your eWallet is not an indication of the legality of the supply or provision of their goods and services. If You are in doubt as to the legality of a supply or purchase, You should not continue with Your payment.