User Agreement for 365 EMONEY ® Services
1.1. This User Agreement for 365 EMONEY ® Services (hereinafter – the “Agreement”) is a contract between the Client (referred to as “You”) on one side and 365 EMONEY OÜ, a Estonian Company having its registered office at Pirita tee 20/4, 10127, Tallinn (Estonia) on the other side, referred to as “we”, or “us”.
2.1. 365 EMONEY ® is a trading name of 365 EMONEY OÜ
2.2. 365 EMONEY ® is an electronic payment system and online e-wallet that allows you to pay for services, transfer money all over the world, and accept payments on your website. We provide an opportunity to automatically exchange certain electronic currencies and issue invoices for your clients. Using the API, it is possible to organize automatic payments to various payment systems, and bank cards.
2.3. Payment services, electronic wallet, currency exchange services provided by 365 Emoney OÜ, authorized by Estonian FIU under the LICENSES FRK001336 & FVR001452, provinding Virtual Currency Wallet & Exchange between Fiat/Crypto Service Provider.
3.2. For the use of additional services you may have to accept additional terms and conditions as notified to you when you are ordering or using such services.
3.3. Before you can use any 365 EMONEY ® Services you are required to:
4.1. Your 365 EMONEY ® Account is an e-wallet which enables you to send and receive payments.
4.2. In order to use our services you must first open a 365 EMONEY ® Account by registering your details on our Website and provide required documents and information prompted.
4.3. If you are an individual, you must be 14 years or older to use our services and by opening a 365 EMONEY ® Account you declare that you are 14 years or older.
4.4. You may only open a 365 EMONEY ® Account if it is legal to do so in your country of residence. By opening a 365 EMONEY ® Account you represent and warrant to us that your opening of a 365 EMONEY ® Account does not violate any laws or regulations applicable to you. You shall pay us the amount of any losses we incur in connection with your breach of this section.
4.5. We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) in order to provide any 365 EMONEY ® Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your 365 EMONEY ® Account with us or in the event of a dispute relating to this Agreement and activity under your 365 EMONEY ® Account.
4.6. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
5.1. You may close your 365 EMONEY ® Account at any time by contacting the Support Team on the web-page https://365emoney.com/contact. You should state the reason for such closure.
5.2. If your 365 EMONEY ® Account holds a balance at the time of its closure, we will ask you to withdraw your money within 30 days, during which your 365 EMONEY ® Account 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 365 EMONEY ® Account but you may withdraw any remaining money by contacting Support Team and requesting that the money is sent to you in a manner that is reasonably acceptable for us.
5.3. If you want to access your 365 EMONEY ® Transaction History after the closure of your 365 EMONEY ® Account, you will need to contact the Support Team and request the information. You may do so for a period of 1 year from the date of closure of your 365 EMONEY ® Account.
5.4. 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 money, including in relation to returning any money to you after you have closed your 365 EMONEY ® Account.
6.1. You agree to cooperate with all requests made by us in connection with your 365 EMONEY ® Account, to identify or authenticate your identity or validate your funding sources or 365 EMONEY ® Transactions.
6.2. This may include, but not limited to, asking you for further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third party databases or through other sources.
6.3. We reserve the right to close, suspend, or limit access to your 365 EMONEY ® Account in the event we are unable to obtain, verify such information or you do not comply with our requests under the Clause of this Agreement.
6.4. For the account personalization we request an identity document – national ID card, internal passport, international passport, driving license. We also accept residence permit. Identity documents of unrecognized states are not accepted. The Support Team may require a photo of a User's identity document next to his / her face to ensure the authenticity of documents.
6.5. We need a document proving a User's address for the account personalization as well. A document must contain a User's name, full current residential address, date of issue within the last 90 days, a bar code / QR code or stamp. A bank account / bank card statement, utility bills (water / gas / electricity), phone / internet / television bills are accepted if they meet all the requirements. We accept address / residence certificates.
6.6. Video verification might also be needed in case of doubting the authenticity of documents. For the video verification we ask a User to provide us with his / her Skype login and time convenient for the call. At the stated time the Support Team contacts the User.
6.7. When all documents satisfy all the requirements a User's account status is changed from registered to verified.
6.8. The Support Team may deny the account in personalization due to 365 EMONEY ® internal policy. We have a list of countries whose representatives cannot pass the personalization process.
6.9. Account personalization is unavailable for Users under 14 years old.
7.1. 365 EMONEY ® Wallet
365 EMONEY ® Wallet allows you to top up/add money to your account, keep money in your account, to pay for, transfer electronic money around the world, make payments, accept payments on your website, use mass payments, use 365 EMONEY ® Exchange, and use 365 EMONEY ® Stock Market Exchange..
In each currency block you can see the currency symbol, the amount of money in this currency in the centre of the block and this amount converted to EUR (by default). You can change the currency of the total amount by clicking in this currency block the symbol of the currency you want to see the total amount in and restarting the page after that.
7.2. 365 EMONEY ® Transfers
365 EMONEY ® Transfers allow you to send electronic money to your 365 EMONEY ® Account or from your 365 EMONEY ® Account to the 365 EMONEY ® Account of another 365 EMONEY ® User, to other payment systems, bank cards and mobile phone accounts. There are two active buttons in each block in section “Balance” of your 365 EMONEY ® Account – “Deposit” and “Withdraw”.
7.3. 365 EMONEY ® Payments
365 EMONEY ® Payments allow you to make payments for services and goods to an external website connected to 365 EMONEY ® System from your account or another payment system. To make such payments:
a) Log into your 365 EMONEY ® Account in 365 EMONEY ® web-version.
b) Create a deposit on the website you want to send money to and select 365 EMONEY ® as the payment method.
c) Receive the invoice in your 365 EMONEY ® Account and select the method to pay with (your 365 EMONEY ® Account or another available payment method provided by the invoice form).
If you choose to pay from your 365 EMONEY ® Account, you need to select the currency (according to the money you have in your account) from the corresponding drop-down list and confirm the payment.
If you want to pay with any other method please select it and follow the instructions on the screen after you click the “Method” button, and confirm the payment.
7.4. 365 EMONEY ® Merchants
365 EMONEY ® Merchants is a service allowing any company having an Internet website to accept payments from 365 EMONEY ® Accounts and other payment systems, which will make it possible for the clients to pay online for various goods and services. To enable Merchant:
a) Login into your 365 EMONEY ® Account and go to the “Merchant Settings” tab in the “API” section.
b) Download the “API Documentation” and follow the instructions in it (click the “Download” button). You can enable so your clients can use them to make payments to your website.
7.5. 365 EMONEY ® Exchange
365 EMONEY ® Exchange allows you by using electronic money in one currency to purchase electronic money in another currency using our Exchange Rates. The currency will be instantly credited to your account. We will let you know the exchange rate when you place your payment order.
To exchange money:
a) Log into your 365 EMONEY ® Account and go to the “Exchange” section.
b) Select the currency to exchange from.
You can select the currency you need to exchange money from the avaiable ones.
c) Select the currency to exchange to.
d) Enter the amount to exchange.
In the “Debit” field you need to enter the amount you want to exchange so it does not exceed the total amount of money in this currency in your account. The “Credit” field will be filled in automatically. Between the “Debit” and “Credit” fields there is the “Rate” line that shows the current exchange rate of the two currencies you select;
e) Confirm the exchange by clicking “Exchange” button.
Commission for the instant exchange is shown on the screen.
8.1. You can request a withdrawal of all or part of the money held in your 365 EMONEY ® Account at any time.
8.2. Your money may be withdrawn by selecting the corresponding method in your 365 EMONEY ® account.
9.1. In order to top up your 365 EMONEY ® Account, you will need to perform a top-up via available methods on the screen.
10.1. It is not permitted to use 365 EMONEY ® Services for any illegal purposes, including, but not limited to fraud and money laundering, funding of terrorist organizations.
10.2. It is not permitted to use the 365 EMONEY ® Services for any activity connected with the following categories of goods and services:
10.3. 365 EMONEY ® will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator.
10.4. Failure to comply with the Clause 10 of this Agreement constitutes a material breach of the terms upon which you are permitted to use the 365 EMONEY ® Services, and may result in our taking all or any of the following actions:
11.1. We reserve the right to impose at our sole discretion 365 EMONEY ® Transaction Limits, based on criteria determined by us and that does not have to be disclosed.
11.2. You may be able to view some of these 365 EMONEY ® Transaction Limits by logging onto the 365 EMONEY ® Account.
12.1. The 365 EMONEY ® Services are provided on an “as is,” “as available” basis and without any representation or warranty, whether express, implied or statutory. We, and the officers, directors, agents, joint venturers, employees and suppliers of 365 EMONEY ®, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the 365 EMONEY ® Services used on or accessed through the 365 EMONEY ® Services, or for any breach of security associated with the transmission of sensitive information through the 365 EMONEY ® Services.
13.1. You shall solely responsible for the use of the 365 EMONEY ® Services in compliance with this Agreement and the requirements of the applicable law.
13.2. You shall be solely responsible for taking all measures to ensure the security of transactions carried out through the 365 EMONEY ® Account in accordance with this Agreement and applicable law.
13.3. You shall be solely liable for all losses arising from your use of anonymous proxy servers, anonymous SOCKS servers, anonymous networks (e.i. “tor”) or another kind of technologies and/or tools that allow anonymous use of 365 EMONEY ® Services which is strictly prohibited under this Agreement.
13.4. You shall be solely liable for all losses due to malware (“backdoors”, “worms”, “Trojan horses”, “virus”, “rootkits”, malicious “payloads”, as well as any other malware) and your lack of knowledge of PC.
13.5. It is your responsibility:
(i) to use the 365 EMONEY ® Services only through legitimate service providers (Internet operators and mobile operators) and methods of communication;
(ii) to install the following software on your PC, mobile phone or another device through which you use the 365 EMONEY ® Services: updated anti-virus software (the last update should be done before you log-in into 365 EMONEY ® Account), updated versions of Firefox, Opera, Internet Explorer, Google Chrome or another web-browser (or web-application), updated version of the operating system.
(iii) to comply with applicable legislation, including anti-money laundering and counter- terrorism financial legislation, personal data protection, tax, banking legislation and currency exchange regulations.
13.6. It is your responsibility to ensure that you log onto the 365 EMONEY ® Account regularly and regularly review the 365 EMONEY ® Transaction History, and to promptly report any questions, apparent errors, or unauthorised 365 EMONEY ® Transactions. Failure to contact us in a timely manner may result in loss of money or important rights.
13.7. It is your responsibility to ensure that your contact information stored on your 365 EMONEY ® profile is up to date.
13.8. If you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of your 365 EMONEY ® Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred until you notify us.
13.9. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
13.10. We do not warrant that the 365 EMONEY ® Services will be uninterrupted or error free. We shall not be liable for any service interruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of 365 EMONEY ® Transactions or the 365 EMONEY ® Services.
13.11. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
13.12. Our obligation under this Agreement is limited to providing you with an online e-wallet and related payment services and we are not responsible for the quality, performance, or any consequential results of the products and/or services purchased using the 365 EMONEY ® Services.
13.13. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the 365 EMONEY ® Account or services provided in this Agreement.
13.14. Reimbursement. You agree to defend, reimburse or compensate us and hold us harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your breach of this Agreement, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.
14.1. We may unilaterally amend this Agreement at any time by posting a revised version (including the Rates) on our website.
14.2. The revised version will be effective at the time we post it.
14.3. A Client’s use of 365 EMONEY ® Services after any amendments come into force shall be considered as such Client’s unconditional acceptance of such amendments.
15.1. 365 EMONEY ® in its sole discretion may terminate this Agreement or any payment service associated with it at any time, by giving you two months’ prior notice. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement.
15.2. Each 365 EMONEY ® Account that remains inactive during 36 months will be automatically closed and this Agreement will be terminated. Fees relating to ongoing management of inactive accounts will also continue to be charged following closure of your 365 EMONEY ® Account. This provision shall survive termination of the relationship between you and us.
15.3. You may terminate this Agreement at any time by providing us with one month’s prior notice, such notice to be provided via email to the Support Team on the page http://365emoney.com/contact or at the SUPPORT section of your account.
15.4. We may at any time suspend or terminate your 365 EMONEY ® Account without notice if:
15.5. Termination of this Agreement requires the closing of your 365 EMONEY ® Account in accordance with Clause 7 365 EMONEY ® will deal with your remaining balance in accordance with this Agreement.
16.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting the Support Team. We send you a complaint acknowledgement by post or by email within 48 hours of receiving your complaint in accordance with our complaints procedure.
16.2. We endeavour to provide you with an answer or resolution to your complaint within 30 days. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
17.1. In order to use other services of 365 EMONEY ®, you may be requested to accept other Agreements and/or terms and conditions, either with us or with a third party.
17.2. No person other than you shall have any rights under this Agreement.
17.3. Your 365 EMONEY ® Account is personal to you and you may not assign any rights under this Agreement to any third party.
17.4. Your 365 EMONEY ® Account is operated in Estonia european country and this Agreement shall be governed by and interpreted in accordance with the laws of the Estonia. Any dispute under this Agreement or otherwise in connection with your 365 EMONEY ® Account shall be brought exclusively in the courts of Estonia.
17.5. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
17.6. The definitions set out Schedule 1 apply to this Agreement.
Schedule 1 – Definitions
“Account” or “365 EMONEY ® Account” means an e-wallet in 365 EMONEY ® System which enables the 365 EMONEY ® User to send and receive payments.
“365 EMONEY ® Exchange” means a service that allows you by using electronic money in one currency to purchase electronic money in another currency using our Exchange Rates.
“365 EMONEY ® Mass Payments” means a service that allows you to disseminate mass payments to other 365 EMONEY ® Accounts, cards and various payment systems in many countries of the world automatically.
“365 EMONEY ® Merchant” means a service allowing any company having own website on the Internet to conclude a contract for “accepting payments” from 365 EMONEY OÜ, which will make it possible to the clients to pay online for various goods and services.
“365 EMONEY ® Payment System”, “365 EMONEY ® System” or “365 EMONEY ®” means a web- based Platform, operated by us, which end-users may use as a gateway in order to enroll and gain access to their 365 EMONEY ® Account.
“365 EMONEY ® Payments” means a service that allows you to make payments for services and goods to an external website connected to 365 EMONEY ® System from your account or another payment system.
“365 EMONEY ® Services” mean payment system services including 365 EMONEY ® Wallet, 365 EMONEY ® Transfers, 365 EMONEY ® Payments, 365 EMONEY ® Mass Payments, 365 EMONEY ® Merchant, 365 EMONEY ® Exchange and any other services.
“365 EMONEY ® Transaction” means any transaction made by 365 EMONEY ® User through 365 EMONEY ® System.
“365 EMONEY ® Transfers” means a service of instant electronic payments all over the world.
“365 EMONEY ® User” or “Client” means a natural or legal person which is an acceptable client of the 365 EMONEY ® Payment System.
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