WECOLLECT GENERAL TERMS AND CONDITIONS – RETAIL (EEA)
Under an agreement with WeCollect London Limited, (“Programme Partner”) We provide You with access to card and payment services. The Programme Partner acts as a programme partner and is a regulated UK-FCA EMI firm. You may have a separate agreement with the Programme Partner that governs your relationship with them. We are not a party to that agreement and are not responsible for its terms or performance.
1. These Terms
1.1 These Equals Money General Terms and Conditions (the "Terms") form a legal agreement between Equals Money Europe SA ("Equals Money", "us" or "we"); and you or the entity you represent ("you" or "your"), for the purpose of providing you with our Services.
1.2 These Terms apply from the date you first access or use the Services (the "Commencement Date") and govern your use of the Services.
1.3 By you using the Services, you confirm that you accept and agree to these Terms. If you do not agree to these Terms, you may not use the Services.
1.4 The provider of the Services under these Terms shall be Equals Money Europe SA.
1.5 We may subcontract our obligations under these Terms to third parties as permitted under Applicable Laws.
1.6 You should download a copy of these Terms for future reference. You can always download a copy of the most current version of these Terms from our website. You can also request a copy of these Terms from us at any time.
2. Definitions
2.1 Capitalised terms that are not otherwise defined in these Terms have the meanings given below unless the context otherwise requires.
"Account Details" has the meaning given in Section 11.5 of these Terms.
"Additional Services" means the services described in Section 4.1 of these Terms.
"AML Laws" means the Belgian Act of 18 September 2017 on the Prevention of Money Laundering and Terrorist Financing and on the Restriction of the Use of Cash, as amended, the U.S. Foreign Corrupt Practices Act, as amended, the Canadian Corruption of Foreign Officials Act, as amended, and any Belgian anti-corruption laws (including the Act of 4 July 1989 on Limitation and Control of Election Expenditure for elections to the Chamber of Representatives, Financing and Open Accounting of Political Parties).
"Applicable Laws" means any applicable law, regulation, rule, policy, judgment, decree, order or directive...
"Authorised User" has the meaning given in Section 10.1 of these Terms.
"Business Day" means a day other than a Saturday, Sunday or public holiday in Belgium on which banks are open for normal banking business in Brussels, Belgium.
"Card" means Mastercard and/or Visa branded cards issued to you in accordance with the Card Service Terms, as applicable.
"Card Service" has the meaning given in Section 4.1.1 of these Terms.
"Card Service Terms" means the terms applicable to the Card Service set out in Schedule 1.
"Card Transaction" has the meaning given in the Card Service Terms.
"Commencement Date" has the meaning given in Section 1.2 of these Terms.
"DD Information" has the meaning given in Section 6.1 of these Terms.
"Equals Money Platform" means the technology platform through which you can access and use the Services.
"EU" means the European Union.
"EUR" means Euro, the official currency of the Eurozone.
"Eurozone" means those member states of the EU that have adopted EUR as their official currency.
"Fee Changes" has the meaning given in Section 9.4 of these Terms.
"Fees and Charges" means the fees and charges applicable to the Services as set out in Annex A of these Terms.
"Funding Method" means each of the methods for adding funds to your Payment Account that we allow from time to time.
"FX Conversion" has the meaning given in the FX Service Terms.
"FX Service" has the meaning given in 4.1.2 of these Terms.
"FX Service Terms" means the terms applicable to the FX Service set out in Schedule 2.
"FX Transaction" has the meaning given in the FX Service Terms.
"Supported Currency" means a currency in which a Payment Account may be denominated and in which we allow you to make payments or FX Transactions from time to time.
"Tax" or "Taxes" means any tax, levy, impost, duty or other charge, fee, deduction or withholding of a similar nature, and any penalty, surcharge or interest payable in connection with the failure to pay, or delay in paying, any of these.
"Tax Authority" means any authority or person, whether of the UK, part of the UK or elsewhere, competent to impose, assess or collect any Tax.
"VAT" means any Tax in the nature of goods and services tax, consumption tax, supply or value added tax,, sales and use tax, goods and services tax (GST) turnover tax, business tax (including gross receipts or gross business receipt tax) or any similar Tax in any jurisdiction.
"Visa" means Visa Europe Limited.
2.2 Unless the context otherwise requires, use of the singular includes the plural and vice versa.
2.3 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
2.4 References to you or Equals Money will include any successors, permitted assignees or transferees unless stated otherwise.
3. Use of the Services and Regulatory Information
3.1 Equals Money will provide the Services in accordance with these Terms.
3.2 The provider of the Payment Account and related payment services in accordance with these Terms is Equals Money Europe SA.
4. Additional Services
4.1 If you have been approved to receive any of the following additional services ("Additional Services"), the applicable Service Schedule shall apply in addition to these Terms:
4.1.1 the "Card Service"
4.1.2 the "FX Service"
5. Service Schedules and Order of Precedence
The Service Schedules set out additional terms...
6. Due Diligence Information
6.1 You shall provide us with any information...
7. Our obligations
We shall provide the Services...
8. Your obligations
8.1 You shall at all times comply...
9. Fees and Charges
9.1 The Fees and Charges applicable...
10. Authorised Users
10.1 You may appoint authorised users...
11. Your Payment Account
11.1 Opening a Payment Account...
12. Adding money to your Payment Account
...
13. Payments
...
14. Currency Conversions
...
15. Finality of Payments
...
16. Information on Payments
...
17. Unauthorised Payments
...
18. Closing your Payment Account
...
19. Changes to these Terms
...
20. Safety and security measures
...
21. Tax
...
22. Data protection
...
23. Intellectual property
...
24. Termination and suspension of these Terms
...
25. Complaints and Customer Support
...
26. Governing law
26.1 These Terms will be governed by and construed in accordance with the laws of Belgium.
26.2 You irrevocably submit to the exclusive jurisdiction of the courts of Belgium over any dispute...