Banking-as-a-Service Terms and Conditions (Consumers)
1.1 Intergiro Intl AB (publ) (“Intergiro”) is a Swedish fintech company licensed and supervised by the Swedish Financial Supervisory Authority (Sw. Finansinspektionen) (the “SFSA”) as an electronic money institution with the authority to issue electronic money under the Swedish act on electronic money (Sw. lag 2011:755 om elektroniska pengar) and to provide payment services under the Swedish act on payment services (Sw. lag 2010:751 om betaltjänster). Intergiro’s company registration number is 556965-3537, the VAT number is SE556965353701 and the license number with the SFSA is 48003. Intergiro’s registered address is Box 3093, 10361 Stockholm, Sweden.
1.2 Intergiro has partnered with an innovative company (the “Partner”) who provides a first class app and/or website portal (as applicable) (the “Partner Platform”) to jointly provide you with the best services possible. Intergiro provides payment services and the Partner provides you with the Partner Platform through which you access and use the payment services. These payment services general terms and conditions (the “Terms and Conditions”) govern your use of the payment services, including a personal payment account (the “Account”), which you access through the Partner Platform and use to make payment transactions.
1.4 To access the Partner Platform you need an internet connection and a computer, a smartphone or a tablet with a web browser (as applicable). You may also need to download and install an app on your smartphone or tablet and accept the Partner Terms and Conditions. You can find information regarding available operating systems and versions of web browsers etc on the Partner’s website.
1.5. You may only use the Account for your personal use and in accordance with the Agreement. The Agreement is for an indefinite term, meaning that it will continue in force until you or Intergiro terminate it, in accordance with the provisions of the Agreement.
1.6 The language of the Agreement is English and all communications will be conducted in English unless otherwise stated in the Partner Terms and Conditions. You can at all times download a copy of these Terms and Conditions from the Partner Platform or receive a copy from the Partner Customer Support.
2. Your Account
2.1 Your Account will always include a wallet which holds your e-money denominated in euro (the “Wallet”). Further, additional functionality may be available to you in the Partner Platform. Please refer to the Partner Terms and Conditions for information on the specific functionality available on your Account. These Terms and Conditions sets out the terms and conditions applicable to your use of the Account and the Wallet, and any other available functionality.
2.2 You access and operate your Account by using the Partner Platform. Once you have added funds to your Account, you will be able to:
- • create payment orders to make payment transactions in euro to accounts held with Intergiro or third party financial institutions from your Wallet (“Payouts”);
- • collect euros to your Wallet from accounts held with Intergiro or third party financial institutions (“Collections”);
- • view balances and historic transactions on your Account.
2.3 To be eligible for an Account, you need to:
- • 1. be a private individual (not a company);
- • 2. at least eighteen (18) years of age;
- • 3. live within the European Economic Area; and
- • 4. be a customer of the Partner and have accepted the Partner Terms and Conditions.
2.4 In addition to the prerequisites set out in clause 2.3 above, you must only use your Account for your personal use and for legal purposes. You cannot be listed on or associated with any sanctions list, such as the sanctions lists of the EU, the UN or OFAC.
3. How to open your Account
3.1 To open an Account you apply for the Account on the Partner Platform, accept these Terms and Conditions and complete the account onboarding process. When applying for your Account you promise and warrant to Intergiro that:
- • you will utilise the Account for your personal use and for legal purposes only;
- • any information and documentation provided by you are authentic, up-to-date, true and correct;
- • you will comply with the provisions of the Agreement; and
- • you will respect Intergiro’s and Intergiro’s third parties’ intellectual property rights relating to the products and services offered to you under the Agreement.
3.2 During the onboarding process you will be asked to provide information regarding yourself, such as your name, contact information and information to verify your identity (“KYC Information”). You acknowledge that Intergiro may obtain information about you from third parties, such as external registers or information suppliers in order to assess your application. Intergiro uses automated decision-making to assess your account application. The automated decision-making is based on both (i) data provided directly by you and (ii) derived or inferred data such as risk scoring. Intergiro will automatically reject your application if you are below the age of 18, and otherwise only use automated decision-making to approve your application. If required, your application will be referred for manual review by Intergiro’s onboarding team.
3.3 Depending on the outcome of the onboarding process, Intergiro may, in its sole discretion, approve or reject your application. If your application is rejected, for any reason, such a decision will be communicated to you and the Agreement is deemed terminated with immediate effect.
3.4 When providing KYC Information, in connection with your application or at any later stage, you promise and warrant to Intergiro that all such documents and information are authentic, up-to-date, true and correct. You acknowledge that Intergiro may at any time request further KYC Information to ensure continued compliance with applicable legislation. Your continuing use of the Account is strictly dependent upon your provision and Intergiro’s verification of any KYC Information requested. Intergiro reserves the right to suspend your Account or freeze any funds, or to terminate the Agreement and close your Account at any time if you do not provide satisfactory KYC Information upon request.
3.5 Please note that you need to inform the Partner Customer Support without undue delay of any changes to your contact details such as change of address or email address or any other information relevant to your use of the Account.
4. Customer support and complaints
4.1 The Partner provides customer support services relating to your Account (“Partner Customer Support”) and you are welcome to contact the Partner Customer Support if you have any questions or issues with your Account. Please refer to the Partner Terms and Conditions or the Partner Platform for information about opening hours for the Partner Customer Support.
4.2 If you are not satisfied with the Partner Customer Support’s efforts to resolve your enquiry, you can make a formal complaint by contacting Intergiro’s complaints team at email@example.com. Please include the relevant circumstances of the complaint in your email.
4.3 The complaints team will aim at resolving your complaint as soon as possible and, in any event, respond to your complaint no later than fifteen (15) Swedish banking days from receipt of your complaint. In exceptional circumstances where more time is required, the complaints team will contact you to let you know, and in any case Intergiro will respond to your complaint within thirty five (35) Swedish banking days.
4.4 On www.konsumenternas.se you can read more about your consumer rights.
4.5 For any complaints or claims you may have regarding any faults or deficiencies in products or services that you have purchased using your Account (including your Card), please contact the seller of the product or the service provider (i.e. the point of sales) directly. The seller or service provider is liable for such faults or deficiencies in accordance with the laws applicable to the purchase, and neither Intergiro nor the Partner assume any liability regarding such faults or deficiencies.
5. Your personal data
5.1 In order to provide the Account to you, Intergiro collects and processes personal data about you. Intergiro is the data controller for the personal data processed under the Agreement for the purpose of providing the Account and Partner is Intergiro’s data processor, for the purpose of you accessing the Account through the Partner Platform.
5.2 As a regulated e-money institution, it is Intergiro’s duty to protect and keep your Account information confidential and secure. Intergiro will not disclose information relating to your Account to third parties outside the circle of trusted suppliers Intergiro works with to provide your Account, other than as required by the laws of Sweden or applicable EU legislation.
6. Standard Account functionality
6.1 You can collect euros on your Wallet. You or third parties can make payment transactions from accounts held with other financial institutions to your Wallet using the SEPA Network.
6.2 Collections from other financial institutions are generally credited to your Account immediately upon receipt by Intergiro of such funds. Occasionally it may take a little longer due to required scans or checks Intergiro is obliged to perform on the funds, such as due to the anti-money laundering legislation or for the prevention of fraud.
6.3 Sometimes Intergiro receives recall requests from the payer’s bank in respect of a payment transaction intended for your Account. You hereby explicitly grant Intergiro the authorisation to return such funds according to the recall request when such funds have not yet been credited to your Account.
6.4 It is important that the payer provides the correct payment details to your Account for Intergiro to credit your Account correctly.
6.5 Intergiro aims to process your Collections as fast as possible, but occasionally your funds may be held up by third party financial institutions. In such cases Intergiro regrettably is unable to influence the speed of the transaction.
6.6 Using the Partner Platform, you can create payment orders on your Account to make Payouts using the SEPA Network. In certain cases additional payment networks or rails will be available for you to access through the Partner Platform, please refer to the Partner Terms and Conditions for more information. If available to you, Intergiro executes your payment orders using such additional payment networks or rails.
6.7 To create a payment order you generally need to provide the following information:
- • full name of the recipient;
- • recipient’s account details;
- • amount; and
- • payment purpose.
6.8 Upon creation of a payment order, you need to submit the payment order and authenticate yourself to Intergiro for security reasons. Intergiro will consider that you, by authenticating yourself, gave Intergiro your consent and authorised (i) the execution of the Payout in accordance with the payment order you have created, and (ii) the debiting of any related fees.
6.9 In order for the payment transaction to be executed, you need a sufficient balance (including any fees and charges) on your Wallet. It is not possible to overdraw the Account.
6.10 You acknowledge that neither a payment order nor a Payout can be cancelled or reversed once Intergiro has received the payment order. Intergiro receives your payment order immediately upon your submission of the payment order if you submitted it at the latest 14.30 CET on a banking day, and Intergiro will in such case execute the Payout the same banking day. If you submit the payment order after 14.30 CET, Intergiro receives the payment order the next banking day and will execute it on that day. Public holidays may delay the execution of the Payout until the next working day.
6.11 The recipient generally receives a Payout on the next banking day. However a Payout may be delayed if the payment order has to be assessed by Intergiro due to legal compliance reasons, such as transaction monitoring requirements.
6.12 Intergiro may, in its sole discretion, reject a payment order if it would be in breach of the Agreement or any applicable legislation, or if Intergiro suspects that the execution of the Payout would be prohibited, for example in breach of international sanctions.
6.13 You, as the holder of the Account, are responsible to provide correct account details to the recipient. This is important as neither payment orders nor Payouts can be cancelled or reversed. Whilst the Partner Customer Support will try its best to help you recover your funds in circumstances where incorrect recipient account details have been provided, there is a risk that you may lose any funds sent to the wrong account.
7. Additional Account functionality
7.1 If Intergiro’s card functionality is available to your Account in the Partner Platform you can choose to add a VISA card to your Account. You order the card, which is a physical or virtual debit card (as applicable), issued by Intergiro in accordance with Intergiro’s license from VISA and branded with the name of the Partner using the Partner Platform (the “Card”). You will be able to use your Card to purchase goods and services in stores (for physical Cards) and/or online where VISA is accepted. These Terms and Conditions are applicable to your order and use of your Card.
7.2 If your Card is lost, stolen or is otherwise out of your possession or control (including if you suspect or learn that an unauthorised third party has access to or uses your Card or knows the details of your Card, such as card number, expiration date, and/or the 3-digit CVC number on the back of your card) you must immediately block your Card by using the Partner Platform. If you are unable for any reason to access the Partner Platform you must immediately contact the Partner Customer Support and report your Card as lost/stolen.
7.3 A physical Card is sent to the delivery address confirmed by you. Please note that you will be responsible for providing the correct address for the card delivery. Upon receipt of the physical Card, you activate the Card on the Partner Platform and choose the PIN code. You access your virtual Card using the Partner Platform. Virtual Cards are active already upon issuance and do not have a PIN code.
7.4 If you lose your Card, please block the Card as soon as possible by using the Partner Platform. If you are unable for any reason to access the Partner Platform you must immediately contact the Partner Customer Support and report your Card as lost/stolen.
7.5 Intergiro may block your Card if there is a risk of non-secure use of the Card or if Intergiro suspects that there has been an unauthorised use of your Card. You will always be notified in such circumstances. Intergiro may subsequently decide (in its sole discretion) whether to reactivate your existing Card or replace it with a new Card.
7.6 You may use your Card to purchase goods or services or, in case of a physical Card, to withdraw cash (“Card Transaction”). Please ensure that there is sufficient balance (including any fees and charges) on your Account, otherwise your Card Transaction will be rejected. It is not possible to overdraw the Account.
7.7 To make Card Transactions with a physical card, you use chip and PIN code or by touching the Card at the payment terminal (contactless), or in case of a physical or virtual Card, enter the details of the Card (the card number, expiry date and CVC number) online where VISA is accepted or by way of telephone order (MOTO) payments. You can view the virtual card details in the Partner Platform.
7.8 The following actions will be considered as you giving Intergiro your consent to (i) the execution of a Card Transaction and (ii) the debiting of any related fees or charges:
- • using chip and the PIN code;
- • touching or inserting the Card at a payment terminal, electronic card reader or ATM machine and using the PIN code or taking other actions as instructed by the terminal/machine (such as pressing a button);
- • entering card details (card number, expiry date and CVC number);
- • entering into an agreement and providing card details for the payment of recurring services, such as subscribing for online services which are debited regularly; or
- • any similar actions as the ones stated above.
7.9 A Card Transaction cannot be cancelled or reversed once Intergiro has received the payment order, which generally takes place directly when you purchase the goods or services from the merchant.
7.10 Each Card Transaction is settled in EUR. This means that if you make a purchase in another currency than euro, a currency conversion is required (and will take place automatically). Such currency conversion is executed by VISA or another third party and Intergiro cannot influence the rate of such currency conversion. Consequently, neither Intergiro nor the Partner assume any liability for any loss you may incur due to the currency conversion. Intergiro is not able to refund transactions without an exact amount, so you are advised to only use your Card for Card Transactions with exact amounts.
7.11 The expiry date of your Card is set out on the Card. Please ensure to order a new Card using the Partner Platform before such expiry date to ensure that there will not be a period where you cannot use a Card.
7.12 If Intergiro’s top-up functionality is available to your Account in the Partner Platform you can or someone else can add funds to your Account using a Mastercard or VISA card (“Top-Up”).
7.13 Limits or thresholds may apply to the Top-Up functionality, please refer to the Partner Terms and Conditions for more information about any applicable limits.
8. Rejected transactions, refunds and unauthorised use
8.1 Intergiro may reject any transaction (including a Payout, a Collection, a Card Transaction and a Top-Up, jointly a “Transaction”), made to or from your Account, if Intergiro believes that it is in breach of the Agreement or of any applicable legislation, rules or regulation.
8.2 If you experience an error with any Transaction made to or from your Account, please contact the Partner Customer Support as soon as possible and no later than ten (10) banking days after the Transaction was executed. The Partner Customer Support will help you resolve any issues, however no guarantee is granted for the success of such measures as the error may have been caused by a third party outside of Intergiro’s control. Where Intergiro does have control, Intergiro may reverse an erroneous transaction or refund any overpayments if Intergiro considers it appropriate. A return, depending on the circumstances, may entail third-party fees at your cost, meaning that the returned transaction amounts may be lower than the original transaction. Please note that if you contact the Partner Customer Support later than ten (10) banking days after you made or received an erroneous Transaction, it is unlikely that the Partner Customer Support nor Intergiro will be able to help resolve the matter. Intergiro aims to refund or reverse the Transaction or to let you know that it cannot be refunded or reversed (as applicable) within thirty (30) days of you filing your request with the Partner Customer Support. Please note that this timeframe may need to be extended as necessary due to the complexity of the request.
8.3 If it comes to Intergiro’s attention that funds have been incorrectly credited to your Account, you will be contacted as soon as possible by the Partner Customer Support and steps will be taken to help the payer to recover such funds. This may involve reversing the incorrect transaction or refunding any overpayments on your Account with your consent. If you notice any incorrect crediting of funds on the Account, please contact the Partner Customer Support.
8.4 If you become aware of or suspect that someone has unauthorisedly used or stolen from your Account you must contact the Partner Customer Support as soon as you are able, otherwise you will be liable for such an amount. If you are notified about any suspicious Transactions on your Account, you need to inform the Partner Customer Support within thirteen (13) months from such notification that such transaction was unauthorised.
8.5 Upon your notification Intergiro will investigate the flagged Transactions. Intergiro will generally refund the funds to your Account, unless the unauthorised Transaction could take place due to your failure to protect personalised security credentials (including without limitation ordinary or one-time passwords, Account credentials, Card security details or means of communication used with Intergiro or the Partner for authentication purposes). In this case, you are liable for the amount, up to SEK 400. If the unauthorised transaction could take place due to your breach of the Agreement intentionally or with gross negligence, you are liable for the amount, up to SEK 12,000. If you acted particularly reprehensible, you will be liable for the full amount.
8.6 It is very important that you immediately notify the Partner Customer Support if your Card is lost, stolen or is otherwise out of your possession or control, and that you if possible block the Card immediately by using the Partner Platform. Intergiro will refund the funds charged from your Account by way of card transactions only after you have notified the Partner Customer Support that a Card is stolen, lost or otherwise out of possession or control. If you, acting fraudulently, have caused or contributed to the unauthorised transaction, Intergiro will however not refund such unauthorised transaction.
8.7 Intergiro reserves the right to debit the Account with the refunded amount should Intergiro believe that the refund was requested regarding an authorised transaction.
8.8 If an executed Payout is rejected by the beneficiary’s bank and transferred back to Intergiro, Intergiro will create a Collection into your Account. Such a return, depending on the circumstances, may entail third-party fees at your cost, meaning that the returned transaction amounts may be lower than the original transaction.
9. Fees and charges
9.1 For the use of your Account, you will be charged for fees and charges in accordance with the pricing information available in the Partner Platform.
9.2 Any changes to the fees and charges will be notified to you with two (2) months’ notice. If you do not accept such changes, please inform the Partner Customer Support prior to such notice period has ended. Please note that Intergiro has the right to terminate your Account in that case, in accordance with the provisions of the Agreement.
9.3 Transaction related fees and charges will be deducted from your Account at the moment, such as when making a Transaction subject to fees. Any monthly fees will be deducted from your Account on a monthly basis in arrears. You can keep track of fee deductions on your Account using the Partner Platform.
9.4 If there are insufficient funds on your Account to cover fees or charges, you need to add funds to your Account as soon as possible.
9.5 Intergiro may block Payouts from your Account or close your Account if there are insufficient funds to cover fees and charges and you do not add sufficient funds to your Account upon request. Intergiro or the Partner has the right to bring legal actions against you to recover any sums you owe. If Intergiro or the Partner incurs any costs taking any of these measures you may be charged for the reasonable costs.
9.6 You have no set-off right under the Agreement.
9.7 Please note that any third-party fees and charges incurred by Intergiro or the Partner as a result of your use of the Account will be passed on to you. Please see the Partner’s pricing information available in the Partner Platform for further information on third-party fees and charges.
10. Account security
10.1 Safety of your funds. E-money is a type of electronic cash which Intergiro as a regulated e-money institution is authorised to issue in exchange for receipt of “real money”. Your Account is an e-money account which holds your e-money. Upon the receipt of Collections or Top-Ups intended for your Account, Intergiro deposits such money into a bank account with its partner bank and issues the corresponding amount of e-money to your Account. Intergiro is required to do so under mandatory law in order to keep your money segregated from Intergiro’s own funds and Intergiro is not, unlike a bank, allowed to lend your money to anyone. This means that your money is secure and at all times deposited in ring-fenced accounts Intergiro holds with its partner banks within the EU. These safeguarding practices are designed to protect your money. In the unlikely event of Intergiro’s insolvency, after administrator or liquidator costs have been paid, you as Intergiro’s customer will rank first in any claim on funds held in the ring-fenced accounts. This means that only after customers’ funds have been returned, Intergiro’s own debts owed to third parties will be paid.
10.2 Under the terms of Intergiro’s e-money licence, Intergiro is not permitted to pay interest to you and the funds in your Account are not covered by any deposit guarantee schemes.
10.3 Intergiro’s protection of your Account. Intergiro uses fraud detection technologies, data encryption and strong customer authentication solutions in its efforts to prevent unauthorised or fraudulent use of your Account. If Intergiro suspects any unauthorised or fraudulent use of your Account, you will be contacted by the Partner Customer Support.
10.4 Intergiro may restrict certain merchants you can make payments with if considered necessary to protect your Account.
10.5 Your responsibility. You are responsible to keep your Account, including your Card, safe. Whilst measures are undertaken to protect your Account please note that you are responsible for ensuring that:
your Account and your credentials, your Card, all details of your Card (such as card number, expiration date and 3-digit security code), ordinary and one-time passwords, means of communication used with Intergiro and/or the Partner for authentication purposes (“account credentials”) are kept safe and secure and that you do not keep account credentials or security details together with a Card or a device used to access the Partner Platform;
- • you use a strong password, which you do not use for any other account or similar, which you update from time-to-time;
- • you do not let any third party access or use the Account;
- • you immediately contact the Partner Customer Support if you suspect or experience that your Account (or any information thereof) is accessed or otherwise used by an unauthorised third party or if you suspect that any account credentials are at a risk of or are being used or otherwise possessed by an unauthorised third party;
- • you immediately contact the Partner Customer Support if your Card is lost, stolen or gets otherwise out of your possession or control or if the details of your Card might have been used without authorisation;
- • you ensure that all information (including but not limited to your contact details and address) relating to the Account is up-to-date and that you inform the Partner Customer Support without undue delay of any change; and
- • you always follow the rules and recommendations regarding security of your Account.
11. Changing the Agreement, closing your Account
11.2 You can terminate the Agreement free of charge and close the Account at any time without notice period. Please contact the Partner Customer Support if you wish to terminate your Account.
11.3 Intergiro can terminate the Agreement with you and close the Account with two (2) months’ prior notice for any reason, including if you are no longer a customer of the Partner.
11.4 In addition, Intergiro may (i) suspend your Account (or any part thereof), or (ii) terminate the Agreement and your Account (or any part thereof) with immediate effect if you, in Intergiro’s opinion, materially breach the Agreement, any applicable laws or if Intergiro is required to do so under any law, regulation, court order or request of an authority.
11.5 In certain circumstances, Intergiro is prevented from closing the Account due to ongoing investigations concerning the Account. In such cases, we may freeze the Account and your funds for the time necessary to complete the investigation.
11.6 Closure of your Account. You will be notified prior to your Account is closed. In these circumstances, any pending payment order or on-going Transaction may be cancelled, restricted or blocked.
11.7 Unless you instruct otherwise prior to the closure of the Account, any unclaimed funds from the Account will be moved to a separate account and kept for at least one (1) calendar year (subject to associated fees being deducted as applicable). You may contact the Partner Customer Support within one (1) calendar year from the closure of your Account, and request a transfer of the unclaimed funds to you (subject to associated transaction fees being deducted as applicable). If you do not claim such funds within one (1) calendar year of closure, such funds may be deposited (subject to associated transaction fees being deducted as applicable) on your behalf and at your cost with the County Administrative Board of Stockholm, Sweden (Länsstyrelsen i Stockholm) postadress: Box 22067, SE-104 22 Stockholm, Sweden. Visiting address: Regeringsgatan 66, telephone: +46 10 223 10 00. Once any unclaimed funds are deposited at the County Administrative Board of Stockholm the responsibility of Intergiro in respect of such funds shall cease and fees and taxes will apply according to the rules of the County Administrative Board.
12. Additional legal terms
12.1 Negative balance. It is generally not possible to overdraw the Account. It is your responsibility to ensure that there is always sufficient balance (including any fees and charges) on your Account before you create a payment order or make a Transaction. In rare circumstances, the Account may have a negative balance due to a reversed transaction, due to the fees and charges to be deducted or due to an offline Card transaction. In such a case, you will need to transfer funds to your Account to cover the overdrawn amount within five (5) banking days, otherwise Intergiro has the right to terminate the Agreement with immediate effect and close your Account in accordance with these Terms and Conditions.
12.2 Changes to Account details. In rare circumstances Intergiro may, due to operational reasons, need to make changes to account details (such as account numbers). In such a case you will be notified in advance. Following such a change, you need to refrain from using the old account details, as transactions may not reach your Account otherwise. Unfortunately Intergiro cannot accept responsibility for any losses incurred as a result of using the old account details.
12.3 Inactivity. Your Account is a payment transaction account and not intended for savings. If your Account is inactive, meaning that no payment order has been created or any Transaction been made, for a period longer than six (6) months, Intergiro has the right to terminate the Agreement with you and close your Account.
12.4 Intellectual property rights. Upon entering into the Agreement, Intergiro grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use Intergiro’s products and services. All the intellectual property in Intergiro’s products and services are owned by Intergiro or Intergiro’s licensors (such as Intergiro’s logo and designs, the content on Intergiro’s website, all software and source code, trademarks, know-how and data related to Intergiro’s products and services). You do not have any right to use Intergiro’s or Intergiro’s licensors’ names, trademarks, logos or other intellectual property. You must not copy, reproduce, modify, reverse engineer or disassemble any of Intergiro’s products, services or any intellectual property rights.
12.5 Intergiro’s liability. The Account and all services provided by Intergiro are provided “as is” and Intergiro cannot guarantee that the services will be free from faults or interruptions. This is partly due to the fact that Intergiro relies on some third parties to provide the Account and the services. If your Card is not functioning correctly, Intergiro’s only responsibility will be to replace that card.
12.6 Intergiro is not liable for any services provided by the Partner to you through the Partner Platform or otherwise, and Intergiro does not undertake any responsibility in relation thereto.
12.7 Exclusions of liability. In addition to the above and to the extent such limitation is permitted by law, Intergiro will not be responsible:
- • for any indirect, punitive or consequential damages or losses including but not limited to loss of profit, loss of data, loss of business, loss of goodwill and loss of reputation;
- • for any damages, losses or costs in connection with or due to Intergiro’s compliance with applicable laws, regulations, orders and decisions of courts or authorities or other regulatory requirements of payment systems, card payment systems or any other payment, clearing or settlement system;
- • for any damages, losses or costs in connection with or due to any delays, interruptions, faults or inaccuracies relating to the Account;
- • for any damages, losses or costs caused by a virus, malware, phishing or other technological attacks or harmful material that may infect your IT equipment and infrastructure being used for the Account;
- • for any damages, losses or costs that arise in connection with or due to unauthorised transactions, other than as set out in these Terms and Conditions;
- • for any damages, losses or costs arising in connection with or due to Intergiro’s decision (i) not to onboard you and open an Account for you), (ii) close your Account, or (iii) reject a Transaction;
- • for any damages, losses or costs arising in connection with or due to (i) third-party financial institutions’ delays, errors, fees, costs or charges, (ii) a returned Transaction due to currency conversion results in a lower amount compared to the original transaction, (iii) you not providing accurate and correct payment details, including the beneficiary’s account details, (iv) you have not provided the necessary KYC information or only with delay, or if the KYC information you provided is not authentic, up-to-date, true or correct, (v) currency conversions relating to your Card, (vii) you contacting the Partner Customer Support later than the deadline provided after you noticed an error in a Transaction, (viii) a returned Transaction, (ix) your failure to keep your Account safe, (x) you approving a Card Transaction that you do not know the exact amount of;
- • for any acts or any fees charged by third parties, such as third party banks, for use of their facilities or services, or for the assessment or payment of any taxes, duties or other charges that arise from an underlying transaction; or
- • for any fraudulent act conducted by any third party contacting you posing to be representing for example Intergiro or the Partner, a well-known company or an acquaintance of a natural person related to you asking you to disclose your customer details such as password, logins etc or to initiate a Transaction. Neither Intergiro nor the Partner requests that kind of information or undertakes any such action.
12.8 Force Majeure. Intergiro shall not be liable for any breach or delay in the performance of Intergiro’s obligations under the Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic or any cause beyond the reasonable control of Intergiro (“force majeure event”). Should a force majeure event occur you will be notified thereof and Intergiro will be excused from performance of the obligations being affected for as long as such force majeure event prevails.
12.9 Severability. If any of the provisions of the Agreement is deemed invalid, unlawful or unenforceable, the remaining provisions of the Agreement shall continue to be valid and binding on you and Intergiro.
12.10 Assignment. You may not assign your rights or obligations under the Agreement to a third party and you are the sole party to the Agreement with Intergiro. You are liable until the Account is terminated and any sums due have been paid by you in full. Intergiro may assign its rights or obligations under the Agreement to an Intergiro group company or to any third party without your prior consent.
12.11 No waiver. Intergiro has the right to exercise any right or remedy it has under the Agreement at any time, even if such exercise is delayed, or Intergiro previously failed to exercise any right or remedy it is entitled to.