FixiPay User Terms
FixiPay (“we”, “our”, “us”) is a payment wallet allowing customers and merchants to make and receive online payments (the “FixiPay Service”).
You acknowledge and accept that by checking the “accept” box when opening your Account, you agree to abide by the following User Terms as amended from time to time (“User Terms”) concerning your use of FixiPay Services.
In these User Terms, the following words have the meaning set out beside them:
- means your account with FixiPay which holds electronic value and/or any other value, including digital currency;
- “Account ID Information”
- means any and all of the information we hold regarding your Account;
- “Authorized User”
- means a person authorized to use the FixiPay Service;
- “Customer Contact Centre”
- can be contacted by visiting https://fixipay.com/contact;
- means the crediting of funds to your Account by purchasing electronic value;
- "Digital Currencies”
- means various digital currencies and other crypto or hybrid currencies that we support from time to time;
- means any commercial or business entity that accepts credit or debit cards and/or is validly registered with FixiPay to accept Transactions from your Account;
- "FixiPay Group"
- means FixiPay, its subsidiaries, holding companies and associated companies;
- means any of the following: (i) the debiting of an amount from your Account and the concurrent crediting of such amount to another Account, as designated by you; or (ii) the crediting of an amount of to your Account and the concurrent debiting of another Account;
- “Prohibited Transaction”
- means a transaction related to any of the following: (i) prescription or non-prescription drugs; (ii) pornographic content or services; (iii) illegal downloads; (iv) illegal gambling; (v) goods or services infringing intellectual property rights of a third party; (vi) tobacco products, alcohol or firearms; (vii) Ponzi schemes or similar fraudulent investment operations; or (viii) any goods or services prohibited by applicable law. We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories to these User Terms;
- “Recurring Payments”
- means an order by an Authorized User to make regular Payments from its Account at specified intervals to an online Merchant;
- means, as the context permits, a Payment, Withdrawal or Deposit and, in each case, less any applicable fees;
- means www.fixipay.com or such other website, mobile application or app through which we may offer the FixiPay Service, or information related thereto, from time to time;
- means removing funds from your Account; and
- "you" or "your"
- means the person to whom these User Terms shall apply.
The FixiPay Services include:
- a hosted digital wallet enabling you to store electronic value issued by us;
- certain payment services enabling you to send and receive electronic value;
- offering hosted Digital Currencies wallets enabling you to store and transfer your balances of certain supported Digital Currencies.
- The FixiPay Services include:
- By accepting these User Terms and using the FixiPay Service you acknowledge that: (i) we are not a bank and your Account is not a bank account; (ii) Accounts are not insured by any government agency; (iii) we do not act as a trustee, fiduciary or escrow holder in respect of balances in your Account; and (iv) we do not pay you interest on any balances in your Account.
- FixiPay and the FixiPay Services.
- Authorized Users must:
- If an individual, be at least 18 years of age and of the age of majority, whichever is older, in your country of residence;
- Reside, be incorporated or use the Website or the FixiPay Services in a country which is not within list of prohibited countries published and amended by us from time to time, without notice;
- Open an Account through the registration process;
- Provide full and accurate information, as required in the registration process;
- Maintain an active address and phone number;
- Satisfactorily pass all of our required identity, security and verification checks;
- Accept these User Terms.
- The requirements above notwithstanding, we may restrict your access to the FixiPay Service if your access to the Account has been restricted or if you have had a previous Account which was closed by us.
- You may not open more than one Account without our prior approval. We may close without notice any or all of the Accounts of an Authorized User who has, or whom we have reasonable grounds to believe has, unauthorized multiple Accounts.
- You undertake to maintain your Account details updated at all times, including but not limited to: name, address, email address, phone number, credit card or bank account information.
- You must only use your Account for personal purposes and not as a means to trade or run a business unless we give our prior written consent for you to do so as a merchant client. If you are using your Account for business purposes, you will also be bound by the terms of our Merchant Services Agreement. If you are not sure whether your proposed use of the Account qualifies as business purposes, please contact us.
- You must use your Account in accordance with these User Terms.
Purchasing electronic value
- You may purchase electronic value by accessing the Website and selecting one of the Deposit options available to you depending on your country of residence. You may be asked to answer security questions or to complete other activities that we may require to ensure proper authorization of a Deposit.
- The electronic value will be credited to your Account, after the funds have been received by us and subject to deduction of the applicable fees and conversion fees, as detailed in the Website. Some Deposits may be credited to your Account immediately, but are subject to reversal in case the actual funds do not reach us within a reasonable time, in which case we will deduct the funds from the balance of your Account. If your Account balance is insufficient, we reserve the right to require repayment from you.
- If you choose to make a Deposit through an account at your financial institution, you must ensure that this account has sufficient funds. If there are insufficient funds to clear the Deposit, we may debit the applicable insufficient funds charge and such uncleared payment from your Account, obtain it from your designated financial institution or otherwise collect it from you.
Making Payments to and from your Account
You can make Payments and Withdrawals, provided you complete the information on
the "Cashier" page of the Website, by:
- Paying straight from your Account to another Account or Merchant accepting FixiPay;
- In some cases, a Merchant's website will enable you to make a Payment directly from that website;
- You must make sure you have sufficient cleared funds, including the required applicable fees, in your Account before making a Payment. Insufficient funds may lead to rejection of your Payment request.
- The amount of any Payment made to your Account will be credited to your Account balance, less any applicable Fees. If a Payment credited to your Account is reversed by the sender prior to you performing a Transaction, the amount of the reversed Payment will be deducted from your Account, and no Fees will be owed by you.
- You should take great care in providing us with instructions regarding Payment, including amounts and the identity of the recipient. We will not be liable for any error or omission which you may perform when providing us with instructions. You should always make sure that any virtual wallet address you use is correct, as any such error may cause in funds being lost.
- You can make Payments and Withdrawals, provided you complete the information on the "Cashier" page of the Website, by:
- If the Account balance is insufficient to cover your Payments (and any additional fees), this will result in a negative balance. If your Account is in a negative balance, you must immediately transfer funds to your Account to eliminate the negative balance. We may act to collect applicable amounts from you, including an automatic debit of any Deposits you make to your Account. We will also be entitled to charge you for any fees or costs which may be associated with such collection procedures or with any delay in Payments. This right, and all similar entitlements in these User terms, shall survive termination of these User Terms.
- Without derogating from the generality of the above, in case your Account is in negative balance, we may, at our sole discretion, restrict your access to the Account or limit any of your rights as an Authorized User.
- You may choose to use Recurring Payments if an online Merchant offers such an option. The amount of the Payment and frequency of Payment will be determined by the relevant Merchant.
- We are not a party to the Recurring Payments arrangement between you and the Merchant, and the Recurring Payments shall be governed by the terms and conditions of the applicable Merchant. We cannot cancel or amend Recurring Payments without the consent of the relevant Merchant. Any request to amend or cancel the Recurring Payments should be made by you, directly to the Merchant.
- We are not responsible to ensure that you have sufficient funds in your Account in order to perform the Recurring Payments, and will not be obligated to inform you if a negative balance is created or likely to be created in your Account. If your Account goes into a negative balance, the terms set out in section 4.7 shall be applicable.
- You will not be able to cancel a Payment that has already been made to a Merchant.
Closing your Account and redeeming your funds
- You may terminate these User Terms and close your Account by providing us with a written (including email) notification.
- You may withdraw the balance in your Account (excluding amounts that have not been cleared by your financial institution) by selecting one of the withdrawal options in the “Withdrawal” page of the Website. Such withdrawal options (which may include, for example, delivery of Digital Currency to your personal electronic wallet or payment of funds to your account with a financial institution) may be changed from time to time, in our sole discretion. The Withdrawal may be subject to applicable fees.
- Any funds which remain unclaimed for a period of six years following the termination of an Account, shall expire and be forfeited.
- Our compliance with the Withdrawal request is conditional upon successful completion of all identity and security validation and verification inspections.
- Termination of these User Terms will terminate your Account. We may terminate by providing you with a written (including email) notification. Such termination by us will be effective two (2) months as of said notification. If the User Terms become unenforceable or if we are required to terminate them by law or administrative order, said termination will become effective immediately, without prior notice.
Notwithstanding the above, we may, at our sole discretion, restrict your access to the Account or limit any of your rights as an Authorized User, if we have found that you have violated these User Terms, including (without limitation):
- Using the Account for any Prohibited Transactions
- Using the Account in any deceptive, fraudulent, inappropriate or false manner
- Using the Account in any way and for any purpose which may violate anti-money laundering and other laws or regulations which apply to us or the Authorized User
- Performing any action which may interfere, limit or adversely affect the functionality of the FixiPay Service
- Unless prohibited, we will notify you of the termination of your Account and will return to you any undisputed funds, provided they are not related to the violation which led to your Account's restriction or termination.
- If an Account has been closed for any reason you will not be able to perform any Transactions. You will be liable to pay all amounts which may have been incurred prior to the closing of the Account (including, Transactions, Payments, fees, etc.).
Digital Currency Transactions
- We will process your Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all Transaction information prior to submitting instructions to us. We do not guarantee the identity of any user or receiver or other party. Digital Currency Transactions cannot be reversed once they have been affected.
- Our Digital Currency services are available only in connection with those digital currencies that we support, and this may change from time to time. You cannot use your Account to store, send, request, or receive digital currencies in any form that we do not support.
- We securely store Digital Currency private keys, which are the means by which you can securely approve a Digital Currency Transaction. We securely store private keys in our control in a combination of online and offline storage. As a result, it may be necessary for us to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Currency Transaction
- To authorize a Transaction, you are required to enter your Account ID Information or your PIN or press a button affirming you consent to the Transaction (some Transactions may require providing your Account credentials and pressing the "consent" button). You cannot revoke a Transaction after you have consented to it.
We may refuse to execute any Transaction if, inter alia:
- we reasonably believe that you did not give us the instruction
- we reasonably suspect fraudulent activity
- your instructions are unclear, incomplete or not in the required form
- we suspect that that the User Terms have been violated
- we are otherwise required to do so by law or any appropriate regulatory body.
- Merchants and Users may not be able to authorize a Payment if they cannot obtain online authorization from us (for example, if they are unable to access the internet).
- We will not be able to recover funds sent incorrectly without the consent of the other person involved.
Transactions are final and are not reversible by you. We may, at our sole discretion, attempt to reverse or cancel a Transaction, including but not limited:
- where we confirm there has been a Merchant error;
- where there is illegal activity involving your Account; or
- where you are in breach of these User Terms.
Unauthorized, Non-Executed or Incorrectly Executed Transactions
- If you have any indication or suspicion of your Account ID Information being lost, stolen, misappropriated, used without authorization or otherwise compromised, you are advised to change your password. You must contact Customer Service Centre without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of your Account ID Information. Any undue delay in notifying us may not only affect the security of your Account but may result in you being liable for any losses as a result. If you suspect that your Account was accessed by someone else, you should also contact the police and report the incident.
- In the event of an unauthorized Transaction, or a Transaction which has not been executed or has been incorrectly executed by us, you must let us know without undue delay and in any case no later than 13 months after the debit date, by contacting Customer Contact Centre. If requested to, you must also write to us within seven days to confirm the loss, theft or possible misuse.
- Subject to the provisions of these User Terms, you shall be entitled to a refund in the amount of an unauthorized Transaction or a Transaction incorrectly executed by us and, where applicable, restoration of your Account to the state it would have been in had the unauthorized or incorrectly executed Transaction not taken place, provided you have notified us of the Transaction in question without undue delay and in any case no later than 13 months after the debit date (save where we have failed to provide or make available the required transaction information to you). Any undue delay in making a notification may result in you being liable for any losses as a result.
Subject to the provisions of this User Agreement, you are liable for any losses incurred
in respect of an unauthorized Transaction arising from:
- the use of your Account ID Information where these details have been stolen; or
- your failure to keep your Account ID Information safe.
- You will not be liable for any losses which arise after you have notified us that you believe any of your Account ID Information has been stolen or might be used in an unauthorized way, as specified herein.
You shall be liable for all losses incurred in respect of an unauthorized Transaction where:
- you have acted fraudulently;
- you have compromised the security of your Account with intent or with negligence; or
- you have provided any of your Account ID Information to another person who then uses those details to make a Transaction. In these circumstances, we reserve the right to charge you for any reasonable costs that we incur in taking action to stop your Account being used and to recover any monies owed as a result.
- A recipient may decline to receive the Payment. In such a case, the Account will be credited in the amount of the Transaction and no fees will be charged.
- If you receive funds into your Account that were not intended to be transferred to you, we will be entitled to remove these funds from your Account at any time.
- Fees payable by you will be deducted from your Account balance and you hereby authorize us to do the same. Transaction fees will be charged when the Transaction is executed. If your Account balance is insufficient to cover the fees, we may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred.
- Details of the amount of the administration fee can be found on the "Fees" page of the Website.
- We reserve the right to change the fees from time to time, in accordance with the provisions of these User Terms.
- If your Account was inactive for a period of 12 months (“Account Inactivity”) we may charge an administration fee (“Inactivity Fee”). We will provide you a one-month notification in advance by email. The Inactivity Fee will be charged annually and will be deducted from the available funds in your Account. If there are insufficient funds in the Account, we will not charge the Inactivity Fee. For additional explanations, see our Fees section on our Website.
Chargebacks and Refunds
- You may exercise a right to chargeback, if applicable, only in cases of unauthorized use of your Account or a breach of these User Terms by FixiPay. For the avoidance of doubt, you may not chargeback any Transaction for reasons outside the control of FixiPay, including, but not limited to, disputes with Merchants. We reserve the right to charge you all the fees and expenses FixiPay may incur which are associated with such chargeback.
- We may, at our discretion, recover from you such amount which you decide to chargeback. We may do so by re-charging your credit card or bank account. This recovery shall not derogate from any other remedy we may have in accordance with these User Terms or any applicable law.
- If you receive a refund for purchases made have made from your Account, the refund will be paid to your Account. Refunds may take up to 30 days to process.
Keeping Your Account Safe
- It is your responsibility to keep your Account safe. You must take all reasonable precautions to keep your Account ID Information confidential and secure. This includes ensuring the ongoing security of your Account ID Information and your personal computer and other devices for accessing the Internet. You are required to change your password regularly and to use up to date virus, malware and spyware scanning software and firewall protection to reduce the risk of a security breach.
- If you suspect that someone else knows your Account ID Information, you must contact Customer Contact Centre immediately. If you forget your PIN, you can use the recovery option available on the Website.
Warranties, Liabilities and Disclaimers
- We reserve the right to validate and verify with third parties any of the information that you provide to us at any time.
- We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the FixiPay Service. Additionally, we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by Authorized Users or Merchants
- Subject to the provisions of these User Terms, we shall make reasonable efforts to ensure that debits and credits to your Account are processed in a timely manner. It should be noted that there are some factors outside our control such as connectivity issues with third party suppliers, planned and unplanned maintenances activities, periodic testing, repair, upgrade or outages which negatively impact your ability to use your Account. We make no representations or warranties as to continuous, uninterrupted or secure access to the FixiPay Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade, outages or maintenance.
- WE MAKE NO EXPRESS WARRANTIES, GUARANTIES OR CONDITIONS TO YOU WITH RESPECT TO THE FIXIPAY SERVICE, EXCEPT AS SET OUT IN THESE USER TERMS, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT WHERE IMPLIED OR STATUTORY WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW.
- The FixiPay Group, its agents or subcontractors, shall not be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our gross negligence or willful misconduct. The aggregate liability of ours or any member of the FixiPay Group to you in relation to all claims arising out of, or in connection with, the FixiPay Services or this Agreement during each twelve-month period shall be limited to the lower of (a) €10,000 or (b) an amount equivalent to the fees due to us from you in the three months immediately preceding the first event giving rise to such claim.
- IN NO EVENT SHALL WE, OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALISE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
- You agree to indemnify us, our affiliates, holding companies, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against us, our affiliates, holding companies, subsidiaries, agents or subcontractors relating to your use of the FixiPay Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by us, our affiliates, holding companies, subsidiaries, agents or subcontractors as a result of your use of the FixiPay Services or breach of these User Terms. This provision shall survive termination of the relationship between you and us.
- You warrant and represent that your use of the FixiPay Service does not violate any laws or regulations.
- You acknowledge that we will not be liable for any error with respect to your instructions as provided.
- You acknowledge that we may, subject to our sole discretion, use third-party payment processing service providers to process any payment between you and us, including but not limited to payments in relation to your use of the FixiPay Services. You acknowledge and agree that we will provide certain information and/or documentation about you, including with respect to a transaction executed by you, as needed to complete the transaction or as required under any inquiry or in the event of detection of fraud or suspicion of such.
- The availability of each payment method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third party payment processors.
- In the event of an error, whether via the FixiPay Services or otherwise, we reserve the right to correct such error and revise your transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your transaction and obtain a refund of any amount charged.
- You have the right to register your complaint if you are not satisfied with the FixiPay Services. You can give your complaint in writing, or orally over the telephone. Within five (5) days, you will receive confirmation of receipt of your complaint. During the investigation of your complaint, we will inform you of its handling process. Within four (4) weeks, we will send you a final response on the outcome and decision.
- When a final decision does not fully satisfy your demands, we will notify you in writing, thoroughly explaining our position on your complaint, and set out your option to maintain your complaint, e.g. through the relevant courts. If you believe you have a reason to make a civil claim against us, you should seek your own legal advice. You agree to use the complaints procedure of this section before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or vexatious nature of the complaint.
- You agree to waive any right you may have to commence or participate in any class action suit or proceeding against us, our affiliates, holding companies, subsidiaries, agents and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.
- We encourage you to inspect your Account history online and to print or save a copy of all Transaction data for future reference. If your Account history shows Transactions that you did not make or authorize, you must notify us immediately upon identification or suspicion, pursuant to these User Terms.
- These User Terms shall apply to all Authorized Users.
- Section headings shall not affect the interpretation of these User Terms.
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
The following policies, as amended from time to time, are incorporated into and form part of these User Terms (and the term “User Terms” shall be deemed to incorporate such policies):
- Know Your Client (KYC) Policy
- The latest version of each of these policies is located on the Website for your reference. At the date of these User Terms each of these policies can be found at: https://fixipay.com/contact.
- We may engage the services of one or more affiliates, holding companies, subsidiaries, agents or subcontractors in order to fulfil our obligations.
- These User Terms shall be governed by the laws of Estonia. All disputes arising out of or relating to these User Terms shall be resolved by the Estonian Courts, except where European Union legislation requires a specific dispute to be resolved by the courts of another jurisdiction.
- We may send communications and notices to you at the phone, email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these User Terms by electronic communication, phone or email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given 10 business days after the date of mailing.
- If any part of these User Terms 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 User Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
- These User Terms and the policies referred to in section 12.6 constitute the entire agreement between us and you with respect to the FixiPay Service and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the User Terms and the version on the Website, the version on the Website will prevail.
- Our delay or failure to exercise or enforce any right under these User Terms shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
- The rights and remedies available to us in these User Terms are cumulative and are in addition to any other right or remedy available to us at law or in equity.
- After the termination of these User Terms, for any reason whatsoever, all rights and liabilities of the parties in relation to the FixiPay Services provided prior to such termination shall continue to exist.
- You may not transfer, novate, assign, subcontract or delegate your rights, duties or obligations under these User Terms. We reserve the right to transfer and assign these User Terms, and you agree that we may assign any rights or novate any obligations hereunder, without your further consent.
- No provision in these User Terms creates a partnership between you and us or makes either of us or you the agent of the other for any purpose. You have no authority to bind, to contract in the name of, or to create liability for us in any way for any purpose.
- We are not liable for delays, failure in performance or interruption of any FixiPay Service which results directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any act of God, act of civil or military authorities, acts of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunication or internet services, failure of equipment and/or software, or any other catastrophe or any other occurrence which is beyond our reasonable control and, which shall not affect the validity and enforceability of any remaining provisions.
- In the event these User Terms are available in a language other than English, all versions are legally binding; if there is any inconsistency between the English Language version and a translated version, the English Language version will prevail.
Changes to the User Terms
- We may find it necessary to change the User Terms from time to time and we will notify you of any changes by posting notice of the changes on our Website with a link to the amended User Terms.
- We will provide notice before the proposed changes come into effect, however changes that make these User Terms more favorable to you or that have no effect on your rights shall come into effect immediately if so, stated in the change notice.
- You may object to the changes by notifying us via email, before the changes come into effect. If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your Account. Your Account will be closed in accordance with the provisions of section 4.9 above.