oreopimp
10-02-2006, 06:28 AM
Sign into your account and hit with this baby. Maybe unimportant to some, but might be intresting to others and could start up some discussion.
NETELLER TERMS OF USE
You acknowledge and agree that by checking the “Agree” box on our Website when opening your Account, you agree to abide by the following terms and conditions (“Terms of Use”) concerning your use of the NETELLER Service. If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Contact Centre at (toll free) 1-888-258-5859 (North America), 00-800-7767-6343 (United Kingdom, France, Germany, Netherlands, Spain, Denmark, Italy, Norway, Sweden and Finland) or 001-403-233-9466 (all other countries).
These Terms of Use are effective as of September 25, 2006.
1. Definitions
1.1 In these Terms of Use, the following words have the meaning set out beside them:
“Account” means your online stored value account which holds electronic money;
“Fees” means any and all fees and charges levied by NETELLER for your use of the NETELLER Service;
“Member” means any person who meets all eligibility requirements set out in these Terms of Use;
“Merchant” means any commercial or business entity that is validly registered with NETELLER and enabled to receive and send payments to Members;
“NETELLER Service” means the electronic money issuer and transfer service and identity verification service provided by NETELLER;
“NETELLER”, “we”, “our” means NETELLER Operations Limited;
“NETELLER ATM Card” means the automated teller machine card issued by NETELLER for which certain Members may be eligible, as more particularly described in Section 10 hereof;
“NETELLER Exchange Rate” means the exchange rate used by NETELLER on all currency exchange transactions as published on our Website;
“transfer” means, as the context permits, (a) the debiting of an amount of electronic money from your Account and the concurrent crediting of such amount to a Merchant account or other Member account, as designated by you; or (b) the crediting of an amount of electronic money to your Account and the concurrent debiting of a Merchant account or other Member account, in each case less any applicable Fees.
“Website” means the NETELLER.com website, or such other website through which NETELLER may offer the NETELLER Service from time to time.
2. General
2.1 It is a condition of membership that you agree to these Terms of Use, which form a legally binding contract once you become a Member. We may find it necessary to change the Terms of Use from time to time and will notify you of any changes by posting notice of the changes on our Website with a link to the amended Terms of Use. You may review the current Terms of Use prior to initiating any transaction at any time by clicking on the “Terms of Use” page. The Terms of Use will show the most recent revision date. No revision will affect any transaction that is outstanding as of the date of such revision. Use by you of the NETELLER Service indicates your agreement to these Terms of Use. We encourage you to print a copy of the Terms of Use for your future reference.
2.2 The Non-Serviced Countries list, and the NETELLER Complaints Procedure, each as amended from time to time, are incorporated into and form part of these Terms of Use:
3. NETELLER Service
3.1 You acknowledge that (i) NETELLER is not a bank; (ii) Accounts are not insured by any government agency; (iii) NETELLER does not act as a trustee, fiduciary or escrow holder in respect of balances in your Account; and (iv) NETELLER does not pay you interest on any balances in your Account.
3.2 Although you are not required to keep a balance in your Account, if you do have a balance in your Account, funds representing that balance are segregated and pooled with funds representing the balances of other Members in an account held by NETELLER in trust. Any interest earned on the pooled account will be the property of NETELLER.
4. Eligibility
4.1 In order to use the NETELLER Service, you must (i) be at least 18 years of age and of the age of majority, whichever is older, in your country of residence; (ii) open an Account in accordance with the instructions set out in the registration page of our Website; (iii) not be in default of any Terms of Use or otherwise have access limited to your Account, nor have had any previous Account with us terminated by us; and (iv) not be a resident of any country to which NETELLER does not provide the NETELLER Service from time to time as set out in the Non-Serviced Country list referred to in section 2.2 hereof. You may not open more than one Account and we may terminate any or all of the Accounts of a Member who has, or whom we reasonably suspect has, multiple Accounts.
5. Membership
5.1 To become a Member, you must open an Account by completing all requested information. A Member must maintain an active address, phone number and email address to become and remain a Member. You will not provide any false, inaccurate, incomplete or misleading information. You will not provide any name, bank account or credit card that you are not legally authorized to use. You may not permit any other person to use your Account. You will promptly update your Account details on the Website if your name, address, email address, phone number, credit card or bank account information changes. You will not be able to use the NETELLER Service until you have passed our identity and security validation and verification checks.
6. Account Activity
6.1 By opening an Account, you will be able to, subject to payment of any applicable Fees and compliance with these Terms of Use: (i) purchase electronic money to be credited to your Account so that you may make transfers to, and receive transfers from, Merchants or other Members; and (ii) redeem electronic money from your Account.
6.2 Adding to your Account: In order to purchase electronic money to be credited to your Account, you may choose from one or more payment options available to you depending on your country of residence. You must also complete the information requested, including passing all identity and security validation and verification checks. You authorize us to obtain or receive funds on your behalf from your chosen payment source, plus applicable Fees, and then issue electronic money to your Account.
Notwithstanding the foregoing, certain purchase options entitle you to have us fund electronic money to your Account by debiting an account at your financial institution. In the event we are advised of insufficient funds in such account, we may re-present such uncleared payment at your financial institution up to two more times. In addition 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.
6.3 Transfers: You may make transfers by completing the information on the “Transferring Funds” page of our Website. In some cases you may be able to make transfers from the website of a Merchant. You authorize us to debit from your Account any applicable Fees at the time of any transfer. When making transfers, you may not designate an amount in excess of the balance in your Account at the time the request is made plus the applicable Fees. If you attempt to do so, your transfer request will be denied.
The amount of any transfer received will be credited to your Account balance, less any applicable Fees. If a transfer credited to your Account is reversed by the sender prior to you transferring or redeeming any part of it, the amount of the transfer will be returned to the sender and no Fees will be owing by you.
6.4 Redemption: You may redeem at par all or a portion of the balance of electronic money in your Account (excluding amounts that have not cleared your financial institution) by selecting one of the redemption methods available to you in your country of residence set out in the “Withdrawing Funds” page of our Website. You will be able to redeem any uncleared amounts once they clear. We will process the redemption request immediately provided all identity and security validation and verification checks are successfully completed, which we will conduct as soon as reasonably practicable. Depending on the method of redemption you choose, a Fee may be applicable which will be deducted from the balance in your Account prior to redemption. You may not redeem funds less than the applicable Fee. We will take reasonable steps to ensure that redeemed funds are received by you within five (5) business days of the redemption request. However, we shall not be liable for delays in the redemption of funds where those delays are caused by any third party involved in the redemption.
6.5 You acknowledge that certain of our electronic money purchase, transfer and redemption options require different types of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to submit to such identity and security validation and verification checks if you choose such options. You also acknowledge that certain of our electronic money purchase, transfer and redemption options impose certain minimum and maximum limits and these are indicated when you view the various options on the applicable webpage on our Website. We reserve the right to impose limits on the purchase, transfer and redemption amounts and frequency you may use such options, and to change such limits from time to time without notice.
7. Fees
You are responsible for the payment of all applicable Fees. Fees are indicated on the applicable web page or prior to your completing a transaction. Fees include our NSF reprocessing charges if there are insufficient funds from your payment source. If you are unclear as to any applicable Fee, please contact our Contact Centre prior to completing any transaction. All Fees are due immediately and are subject to change at any time. You are responsible for, and we may deduct from your Account, all costs incurred by us to recover Fees and other amounts that you owe us, including, without limitation, collection fees and legal fees on a solicitor and client basis.
8. Chargeback
8.1 If you purchase electronic money using your credit card or though your bank account and then authorize a payment to a Merchant or other Member of the funds issued to your Account in exchange, you will not charge back, cancel or de-authorize the credit card or bank account charge. Without limiting our rights or remedies, if you do charge back, cancel or de-authorize your credit card or bank account charge in such circumstances, you are responsible for refunding the payment. We may, at our discretion, recover the amount by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.
9. Currency
9.1 When you register your Account, you have the option of choosing from a list of currencies for holding any Account balance. You may only change the currency once by contacting us at currencychange@neteller.com or call our Contact Centre. Your request for a currency change may take up two weeks to process and the exchange rate applied will be the NETELLER Exchange Rate at the time the processing takes place.
10. NETELLER ATM Cards
10.1 Depending on your country of residence, you may be eligible for a NETELLER ATM card which may be used from certain automated teller machines and point of sale machines throughout the world. To be eligible for a NETELLER ATM card, you must pass the identity and security validation and verification checks applicable to your country of residence. The NETELLER ATM card is not a credit card. You must transfer funds from your Account to the NETELLER ATM card before you are able to use your NETELLER ATM card at ATMs. You can transfer funds to your NETELLER ATM card in the “Withdrawal Options” section of our Website. We will not allow instant transfers to your NETELLER ATM card from certain sources, such as by the InstaCash method or by your credit card.
10.2 If your NETELLER ATM card is lost or stolen, you must notify us immediately at netellercard@neteller.com or call our Contact Centre. It is your responsibility to keep your PIN number confidential, and if we determine that your failure to keep your PIN number confidential resulted in funds being stolen from your NETELLER ATM card, we are under no obligation to refund your Account with the amount stolen. Absent such failure, and provided you notify us immediately if your NETELLER ATM card is lost or stolen, we will refund your Account with the amount lost or stolen from your NETELLER ATM card.
10.3 If you want to cancel your NETELLER ATM card or if you have any questions about your NETELLER ATM card transactions, please contact us at netellercard@neteller.com or call our Contact Centre.
10.4 Fees associated with the NETELLER ATM card are set out in the NETELLER ATM card webpage on the Website. Dormant card charges are imposed by the NETELLER ATM card processor and are passed through by NETELLER. NETELLER ATM cards are subject to minimum and maximum transfer levels which can be viewed at the “Withdrawal Options” section of our Website.
11. Reward or Promotional Programs
11.1 From time to time, we may offer reward programs or other promotional programs, such as the NETpoints Reward Program. We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion.
12. Other Member Obligations
12.1 You are prohibited from engaging in any of the following:
(i) using the NETELLER Service to obtain a cash advance from your credit card ( or assisting others in such activity); (ii) using the NETELLER Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection; (iii) sending unsolicited email or similar methods of mass messaging (spam); (iv) harassing or engaging in obscene, rude or abusive behaviour against us or any of our representatives; and (v) tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the NETELLER Service, or attempting to do any of the foregoing.
12.2 It is your responsibility to keep your Account identification, secure identification, password, security questions and answers and other information specific to your Account confidential and in a safe and secure place. This includes ensuring the ongoing security of your log-in details on your personal computer device for accessing the Internet. Should another person gain access to your Account by passing all identification and security validation and verification checks, we are entitled to treat any transaction conducted by that person as valid and are not responsible under any circumstances for any loss or damage you may incur as a result.
12.3 You are fully responsible for any goods or services bought by you that are settled through your use of the NETELLER Service. Any dispute with a Merchant regarding any product or service bought by you through the NETELLER Service is between you and the Merchant and you agree that NETELLER shall not be a party to such dispute.
12.4 You are fully responsible for the instructions you give NETELLER and as a result we may not be able to detect errors in your payment instructions. NETELLER does not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
12.5 You acknowledge and agree that except for Merchant error as confirmed by us, illegal activity involving your Account, or any breach by you of our Terms of Use, all electronic money purchases, transfers or withdrawals into or out of your Account are final and not reversible.
12.6 You acknowledge that your intended recipient of a transfer is not required to accept the transfer. If an intended recipient declines a transfer, your Account will be re-credited with the amount of the transfer and no Fees will be charged.
13. Privacy
13.1 Your acceptance of our Privacy Policy at the time of your enrollment as a Member forms part of these Terms of Use and we would ask you to review the Privacy Policy prior to agreeing to these Terms of Use. Any person who enters the correct account and security information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and personal information, you should not divulge your password or other security information to anyone else. You are solely responsible for safeguarding your password and other security information. You may not use anyone else’s password or security information to gain access to another Account.
13.2 You acknowledge and accept that: (i) when speaking to customer service agents at NETELLER, your call is monitored and/or recorded for quality assurance, training and security protection purposes; and (ii) for fraud and security purposes your records are kept by NETELLER even after your Account is terminated.
14. Limiting Access or Terminating your Account
14.1 At our discretion, we may suspend or limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to send or redeem, transfer or withdraw electronic money from your Account, limiting your payment sources) or terminate your Account, at any time and for any reason, including but not limited to the following:
(a) breach of any of these Terms of Use;
(b) if we have reasonable grounds to believe that your Account has been used in connection with unauthorized or unusual credit card or bank account use, including without limitation, notice of same by your bank or credit card issuer;
(c) abuse by you of the reversal or charge back process provided by your bank or credit card company;
(d) receipt in your Account of potentially fraudulent funds;
(e) refusal to cooperate in an investigation or to provide adequate confirmation of identity or other identity or security information when requested;
(f) initiation of transactions that may be considered to be cash advances or assisting in cash advances;
(g) we believe your Account has been used or allegedly used in or to facilitate fraudulent or illegal activity;
(h) return of a payment for insufficient funds in the bank account;
(i) we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud or business risk to us; and
(j) to comply with money laundering or terrorist financing investigations conducted by government authorities, agencies or commissions.
14.2 If we terminate your Account, we will notify you either by phone or email according to the most recent phone number or email address that you have provided us with in order to send you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the termination).
14.3 If you do not access your Account for a period of two (2) years, it will be terminated. After termination, we will notify you at the last address you provided to try to send you any unrestricted or undisputed funds in redemption of the funds in your Account. If that information is not correct and we are unable to complete the payment to you, the electronic money credited to your Account will be forfeited to NETELLER as of 12 months following the date your Account is terminated.
15. Warranties, Liabilities and Disclaimers
15. NETELLER reserves the right to validate and verify any of the information you provide with third parties at any time.
15.2 Without limiting section 6, NETELLER shall make reasonable efforts to ensure that requests for debits and credits involving bank accounts and cheque issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or your local mail service. We make no representations or warranties as to continuous, uninterrupted or secure access to the NETELLER Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade or maintenance.
15.3 We assume that prior to opening your Account, you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the NETELLER Service and you agree to indemnify NETELLER, its affiliates, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the NETELLER Service in violation of any law or regulation.
15.4 WE MAKE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS TO YOU WITH RESPECT OT THE NETELLER SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE,OR OF MERCHANTABLE QUALITY, OR OF COMPLIANCE WITH ANY DESCRIPTION, ARE HEREBY EXPRESSLY DISCLAIMED.
15.5 Neither NETELLER nor any of its affiliates, subsidiaries, agents or subcontractors shall 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 negligence or willful misconduct; provided that under no circumstances shall NETELLER, its affiliates, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:
(a) errors made by you or any Merchant or other Member in sending or receiving transfers or withdrawals, such as making a transfer to an unintended person or transferring an incorrect amount;
(b) use of your Account by another person who passes all identity and security validation and verification checks;
(c) failure by you to use up to date virus scanning software and firewall protection on the computer or other device you use to access the Internet;
(d) any fraud or misrepresentation made by a Merchant or Member, even if the Merchant or Member passes all identity and security validation and verification checks;
(e) errors or omissions in our Website content;
(f) misuse or inability to use our Website, whether due to reasons within our control or not;
(g) delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
(h) interception or seizure compelled by law; and
(i) circumstances beyond our reasonable control.
15.6 IN NO EVENT SHALL NETELLER OR ITS AFFILIATES, 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 REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
15.7 We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the NETELLER Service.
15.8 You agree to indemnify NETELLER, its affiliates, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against NETELLER, its affiliates, subsidiaries, agents or subcontractors relating to your use of the NETELLER Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by NETELLER, its affiliates, subsidiaries, agents or subcontractors as a result of your breach of these Terms of Use.
15.9 NETELLER retains all right, title, and interest in and to all trademarks, trade names, logos, website designs, text, content and graphics, and any use, reproduction, modification, distribution by you is prohibited.
16. Complaints Procedure
16.1 We refer you to the NETELLER complaints procedure referred to in section 2.2 hereof for any complaint or dispute you may have concerning your Account.
16.2 You agree to waive any right you may have to commence or participate in any class action suit or proceeding against NETELLER, its affiliates, 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.
16.3 We encourage you to inspect your Account history online and to print a copy of all transaction data for future reference. If your Account history shows transactions that you did not make or authorize, notify us at once.
17. General
17.1 NETELLER may engage the services of one or more affiliates, subsidiaries, agents or subcontractors in order to fulfill its obligations.
17.2 These Terms of Use shall be governed by the laws of the Isle of Man. All disputes arising out of or relating to these Terms of Use shall be resolved by the Courts of the Isle of Man, except where Isle of Man legislation requires a specific dispute to be resolved by the courts of another jurisdiction.
17.3 We may send communications and notices to you at the 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 Terms of Use by 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 ten (10) business days after the date of mailing.
17.4 These Terms of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Use and the version online at http://www.neteller.com, the online version will prevail.
17.5 Our failure to exercise or enforce any right under these Terms of Use 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.
17.6 The rights and remedies available to NETELLER in these Terms of Use are cumulative and are in addition to any other right or remedy available to NETELLER at law or in equity.
17.7 You may not transfer, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use. We reserve the right to assign all or any part of our rights, duties and obligations under this Agreement, including the assignment of contractual position, novation, or any other form of substitution of NETELLER by another party, which assignment you hereby irrevocably and unconditionally consent to.
NETELLER TERMS OF USE
You acknowledge and agree that by checking the “Agree” box on our Website when opening your Account, you agree to abide by the following terms and conditions (“Terms of Use”) concerning your use of the NETELLER Service. If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Contact Centre at (toll free) 1-888-258-5859 (North America), 00-800-7767-6343 (United Kingdom, France, Germany, Netherlands, Spain, Denmark, Italy, Norway, Sweden and Finland) or 001-403-233-9466 (all other countries).
These Terms of Use are effective as of September 25, 2006.
1. Definitions
1.1 In these Terms of Use, the following words have the meaning set out beside them:
“Account” means your online stored value account which holds electronic money;
“Fees” means any and all fees and charges levied by NETELLER for your use of the NETELLER Service;
“Member” means any person who meets all eligibility requirements set out in these Terms of Use;
“Merchant” means any commercial or business entity that is validly registered with NETELLER and enabled to receive and send payments to Members;
“NETELLER Service” means the electronic money issuer and transfer service and identity verification service provided by NETELLER;
“NETELLER”, “we”, “our” means NETELLER Operations Limited;
“NETELLER ATM Card” means the automated teller machine card issued by NETELLER for which certain Members may be eligible, as more particularly described in Section 10 hereof;
“NETELLER Exchange Rate” means the exchange rate used by NETELLER on all currency exchange transactions as published on our Website;
“transfer” means, as the context permits, (a) the debiting of an amount of electronic money from your Account and the concurrent crediting of such amount to a Merchant account or other Member account, as designated by you; or (b) the crediting of an amount of electronic money to your Account and the concurrent debiting of a Merchant account or other Member account, in each case less any applicable Fees.
“Website” means the NETELLER.com website, or such other website through which NETELLER may offer the NETELLER Service from time to time.
2. General
2.1 It is a condition of membership that you agree to these Terms of Use, which form a legally binding contract once you become a Member. We may find it necessary to change the Terms of Use from time to time and will notify you of any changes by posting notice of the changes on our Website with a link to the amended Terms of Use. You may review the current Terms of Use prior to initiating any transaction at any time by clicking on the “Terms of Use” page. The Terms of Use will show the most recent revision date. No revision will affect any transaction that is outstanding as of the date of such revision. Use by you of the NETELLER Service indicates your agreement to these Terms of Use. We encourage you to print a copy of the Terms of Use for your future reference.
2.2 The Non-Serviced Countries list, and the NETELLER Complaints Procedure, each as amended from time to time, are incorporated into and form part of these Terms of Use:
3. NETELLER Service
3.1 You acknowledge that (i) NETELLER is not a bank; (ii) Accounts are not insured by any government agency; (iii) NETELLER does not act as a trustee, fiduciary or escrow holder in respect of balances in your Account; and (iv) NETELLER does not pay you interest on any balances in your Account.
3.2 Although you are not required to keep a balance in your Account, if you do have a balance in your Account, funds representing that balance are segregated and pooled with funds representing the balances of other Members in an account held by NETELLER in trust. Any interest earned on the pooled account will be the property of NETELLER.
4. Eligibility
4.1 In order to use the NETELLER Service, you must (i) be at least 18 years of age and of the age of majority, whichever is older, in your country of residence; (ii) open an Account in accordance with the instructions set out in the registration page of our Website; (iii) not be in default of any Terms of Use or otherwise have access limited to your Account, nor have had any previous Account with us terminated by us; and (iv) not be a resident of any country to which NETELLER does not provide the NETELLER Service from time to time as set out in the Non-Serviced Country list referred to in section 2.2 hereof. You may not open more than one Account and we may terminate any or all of the Accounts of a Member who has, or whom we reasonably suspect has, multiple Accounts.
5. Membership
5.1 To become a Member, you must open an Account by completing all requested information. A Member must maintain an active address, phone number and email address to become and remain a Member. You will not provide any false, inaccurate, incomplete or misleading information. You will not provide any name, bank account or credit card that you are not legally authorized to use. You may not permit any other person to use your Account. You will promptly update your Account details on the Website if your name, address, email address, phone number, credit card or bank account information changes. You will not be able to use the NETELLER Service until you have passed our identity and security validation and verification checks.
6. Account Activity
6.1 By opening an Account, you will be able to, subject to payment of any applicable Fees and compliance with these Terms of Use: (i) purchase electronic money to be credited to your Account so that you may make transfers to, and receive transfers from, Merchants or other Members; and (ii) redeem electronic money from your Account.
6.2 Adding to your Account: In order to purchase electronic money to be credited to your Account, you may choose from one or more payment options available to you depending on your country of residence. You must also complete the information requested, including passing all identity and security validation and verification checks. You authorize us to obtain or receive funds on your behalf from your chosen payment source, plus applicable Fees, and then issue electronic money to your Account.
Notwithstanding the foregoing, certain purchase options entitle you to have us fund electronic money to your Account by debiting an account at your financial institution. In the event we are advised of insufficient funds in such account, we may re-present such uncleared payment at your financial institution up to two more times. In addition 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.
6.3 Transfers: You may make transfers by completing the information on the “Transferring Funds” page of our Website. In some cases you may be able to make transfers from the website of a Merchant. You authorize us to debit from your Account any applicable Fees at the time of any transfer. When making transfers, you may not designate an amount in excess of the balance in your Account at the time the request is made plus the applicable Fees. If you attempt to do so, your transfer request will be denied.
The amount of any transfer received will be credited to your Account balance, less any applicable Fees. If a transfer credited to your Account is reversed by the sender prior to you transferring or redeeming any part of it, the amount of the transfer will be returned to the sender and no Fees will be owing by you.
6.4 Redemption: You may redeem at par all or a portion of the balance of electronic money in your Account (excluding amounts that have not cleared your financial institution) by selecting one of the redemption methods available to you in your country of residence set out in the “Withdrawing Funds” page of our Website. You will be able to redeem any uncleared amounts once they clear. We will process the redemption request immediately provided all identity and security validation and verification checks are successfully completed, which we will conduct as soon as reasonably practicable. Depending on the method of redemption you choose, a Fee may be applicable which will be deducted from the balance in your Account prior to redemption. You may not redeem funds less than the applicable Fee. We will take reasonable steps to ensure that redeemed funds are received by you within five (5) business days of the redemption request. However, we shall not be liable for delays in the redemption of funds where those delays are caused by any third party involved in the redemption.
6.5 You acknowledge that certain of our electronic money purchase, transfer and redemption options require different types of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to submit to such identity and security validation and verification checks if you choose such options. You also acknowledge that certain of our electronic money purchase, transfer and redemption options impose certain minimum and maximum limits and these are indicated when you view the various options on the applicable webpage on our Website. We reserve the right to impose limits on the purchase, transfer and redemption amounts and frequency you may use such options, and to change such limits from time to time without notice.
7. Fees
You are responsible for the payment of all applicable Fees. Fees are indicated on the applicable web page or prior to your completing a transaction. Fees include our NSF reprocessing charges if there are insufficient funds from your payment source. If you are unclear as to any applicable Fee, please contact our Contact Centre prior to completing any transaction. All Fees are due immediately and are subject to change at any time. You are responsible for, and we may deduct from your Account, all costs incurred by us to recover Fees and other amounts that you owe us, including, without limitation, collection fees and legal fees on a solicitor and client basis.
8. Chargeback
8.1 If you purchase electronic money using your credit card or though your bank account and then authorize a payment to a Merchant or other Member of the funds issued to your Account in exchange, you will not charge back, cancel or de-authorize the credit card or bank account charge. Without limiting our rights or remedies, if you do charge back, cancel or de-authorize your credit card or bank account charge in such circumstances, you are responsible for refunding the payment. We may, at our discretion, recover the amount by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.
9. Currency
9.1 When you register your Account, you have the option of choosing from a list of currencies for holding any Account balance. You may only change the currency once by contacting us at currencychange@neteller.com or call our Contact Centre. Your request for a currency change may take up two weeks to process and the exchange rate applied will be the NETELLER Exchange Rate at the time the processing takes place.
10. NETELLER ATM Cards
10.1 Depending on your country of residence, you may be eligible for a NETELLER ATM card which may be used from certain automated teller machines and point of sale machines throughout the world. To be eligible for a NETELLER ATM card, you must pass the identity and security validation and verification checks applicable to your country of residence. The NETELLER ATM card is not a credit card. You must transfer funds from your Account to the NETELLER ATM card before you are able to use your NETELLER ATM card at ATMs. You can transfer funds to your NETELLER ATM card in the “Withdrawal Options” section of our Website. We will not allow instant transfers to your NETELLER ATM card from certain sources, such as by the InstaCash method or by your credit card.
10.2 If your NETELLER ATM card is lost or stolen, you must notify us immediately at netellercard@neteller.com or call our Contact Centre. It is your responsibility to keep your PIN number confidential, and if we determine that your failure to keep your PIN number confidential resulted in funds being stolen from your NETELLER ATM card, we are under no obligation to refund your Account with the amount stolen. Absent such failure, and provided you notify us immediately if your NETELLER ATM card is lost or stolen, we will refund your Account with the amount lost or stolen from your NETELLER ATM card.
10.3 If you want to cancel your NETELLER ATM card or if you have any questions about your NETELLER ATM card transactions, please contact us at netellercard@neteller.com or call our Contact Centre.
10.4 Fees associated with the NETELLER ATM card are set out in the NETELLER ATM card webpage on the Website. Dormant card charges are imposed by the NETELLER ATM card processor and are passed through by NETELLER. NETELLER ATM cards are subject to minimum and maximum transfer levels which can be viewed at the “Withdrawal Options” section of our Website.
11. Reward or Promotional Programs
11.1 From time to time, we may offer reward programs or other promotional programs, such as the NETpoints Reward Program. We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion.
12. Other Member Obligations
12.1 You are prohibited from engaging in any of the following:
(i) using the NETELLER Service to obtain a cash advance from your credit card ( or assisting others in such activity); (ii) using the NETELLER Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection; (iii) sending unsolicited email or similar methods of mass messaging (spam); (iv) harassing or engaging in obscene, rude or abusive behaviour against us or any of our representatives; and (v) tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the NETELLER Service, or attempting to do any of the foregoing.
12.2 It is your responsibility to keep your Account identification, secure identification, password, security questions and answers and other information specific to your Account confidential and in a safe and secure place. This includes ensuring the ongoing security of your log-in details on your personal computer device for accessing the Internet. Should another person gain access to your Account by passing all identification and security validation and verification checks, we are entitled to treat any transaction conducted by that person as valid and are not responsible under any circumstances for any loss or damage you may incur as a result.
12.3 You are fully responsible for any goods or services bought by you that are settled through your use of the NETELLER Service. Any dispute with a Merchant regarding any product or service bought by you through the NETELLER Service is between you and the Merchant and you agree that NETELLER shall not be a party to such dispute.
12.4 You are fully responsible for the instructions you give NETELLER and as a result we may not be able to detect errors in your payment instructions. NETELLER does not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
12.5 You acknowledge and agree that except for Merchant error as confirmed by us, illegal activity involving your Account, or any breach by you of our Terms of Use, all electronic money purchases, transfers or withdrawals into or out of your Account are final and not reversible.
12.6 You acknowledge that your intended recipient of a transfer is not required to accept the transfer. If an intended recipient declines a transfer, your Account will be re-credited with the amount of the transfer and no Fees will be charged.
13. Privacy
13.1 Your acceptance of our Privacy Policy at the time of your enrollment as a Member forms part of these Terms of Use and we would ask you to review the Privacy Policy prior to agreeing to these Terms of Use. Any person who enters the correct account and security information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and personal information, you should not divulge your password or other security information to anyone else. You are solely responsible for safeguarding your password and other security information. You may not use anyone else’s password or security information to gain access to another Account.
13.2 You acknowledge and accept that: (i) when speaking to customer service agents at NETELLER, your call is monitored and/or recorded for quality assurance, training and security protection purposes; and (ii) for fraud and security purposes your records are kept by NETELLER even after your Account is terminated.
14. Limiting Access or Terminating your Account
14.1 At our discretion, we may suspend or limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to send or redeem, transfer or withdraw electronic money from your Account, limiting your payment sources) or terminate your Account, at any time and for any reason, including but not limited to the following:
(a) breach of any of these Terms of Use;
(b) if we have reasonable grounds to believe that your Account has been used in connection with unauthorized or unusual credit card or bank account use, including without limitation, notice of same by your bank or credit card issuer;
(c) abuse by you of the reversal or charge back process provided by your bank or credit card company;
(d) receipt in your Account of potentially fraudulent funds;
(e) refusal to cooperate in an investigation or to provide adequate confirmation of identity or other identity or security information when requested;
(f) initiation of transactions that may be considered to be cash advances or assisting in cash advances;
(g) we believe your Account has been used or allegedly used in or to facilitate fraudulent or illegal activity;
(h) return of a payment for insufficient funds in the bank account;
(i) we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud or business risk to us; and
(j) to comply with money laundering or terrorist financing investigations conducted by government authorities, agencies or commissions.
14.2 If we terminate your Account, we will notify you either by phone or email according to the most recent phone number or email address that you have provided us with in order to send you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the termination).
14.3 If you do not access your Account for a period of two (2) years, it will be terminated. After termination, we will notify you at the last address you provided to try to send you any unrestricted or undisputed funds in redemption of the funds in your Account. If that information is not correct and we are unable to complete the payment to you, the electronic money credited to your Account will be forfeited to NETELLER as of 12 months following the date your Account is terminated.
15. Warranties, Liabilities and Disclaimers
15. NETELLER reserves the right to validate and verify any of the information you provide with third parties at any time.
15.2 Without limiting section 6, NETELLER shall make reasonable efforts to ensure that requests for debits and credits involving bank accounts and cheque issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or your local mail service. We make no representations or warranties as to continuous, uninterrupted or secure access to the NETELLER Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade or maintenance.
15.3 We assume that prior to opening your Account, you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the NETELLER Service and you agree to indemnify NETELLER, its affiliates, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the NETELLER Service in violation of any law or regulation.
15.4 WE MAKE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS TO YOU WITH RESPECT OT THE NETELLER SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE,OR OF MERCHANTABLE QUALITY, OR OF COMPLIANCE WITH ANY DESCRIPTION, ARE HEREBY EXPRESSLY DISCLAIMED.
15.5 Neither NETELLER nor any of its affiliates, subsidiaries, agents or subcontractors shall 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 negligence or willful misconduct; provided that under no circumstances shall NETELLER, its affiliates, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:
(a) errors made by you or any Merchant or other Member in sending or receiving transfers or withdrawals, such as making a transfer to an unintended person or transferring an incorrect amount;
(b) use of your Account by another person who passes all identity and security validation and verification checks;
(c) failure by you to use up to date virus scanning software and firewall protection on the computer or other device you use to access the Internet;
(d) any fraud or misrepresentation made by a Merchant or Member, even if the Merchant or Member passes all identity and security validation and verification checks;
(e) errors or omissions in our Website content;
(f) misuse or inability to use our Website, whether due to reasons within our control or not;
(g) delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
(h) interception or seizure compelled by law; and
(i) circumstances beyond our reasonable control.
15.6 IN NO EVENT SHALL NETELLER OR ITS AFFILIATES, 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 REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
15.7 We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the NETELLER Service.
15.8 You agree to indemnify NETELLER, its affiliates, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against NETELLER, its affiliates, subsidiaries, agents or subcontractors relating to your use of the NETELLER Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by NETELLER, its affiliates, subsidiaries, agents or subcontractors as a result of your breach of these Terms of Use.
15.9 NETELLER retains all right, title, and interest in and to all trademarks, trade names, logos, website designs, text, content and graphics, and any use, reproduction, modification, distribution by you is prohibited.
16. Complaints Procedure
16.1 We refer you to the NETELLER complaints procedure referred to in section 2.2 hereof for any complaint or dispute you may have concerning your Account.
16.2 You agree to waive any right you may have to commence or participate in any class action suit or proceeding against NETELLER, its affiliates, 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.
16.3 We encourage you to inspect your Account history online and to print a copy of all transaction data for future reference. If your Account history shows transactions that you did not make or authorize, notify us at once.
17. General
17.1 NETELLER may engage the services of one or more affiliates, subsidiaries, agents or subcontractors in order to fulfill its obligations.
17.2 These Terms of Use shall be governed by the laws of the Isle of Man. All disputes arising out of or relating to these Terms of Use shall be resolved by the Courts of the Isle of Man, except where Isle of Man legislation requires a specific dispute to be resolved by the courts of another jurisdiction.
17.3 We may send communications and notices to you at the 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 Terms of Use by 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 ten (10) business days after the date of mailing.
17.4 These Terms of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Use and the version online at http://www.neteller.com, the online version will prevail.
17.5 Our failure to exercise or enforce any right under these Terms of Use 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.
17.6 The rights and remedies available to NETELLER in these Terms of Use are cumulative and are in addition to any other right or remedy available to NETELLER at law or in equity.
17.7 You may not transfer, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use. We reserve the right to assign all or any part of our rights, duties and obligations under this Agreement, including the assignment of contractual position, novation, or any other form of substitution of NETELLER by another party, which assignment you hereby irrevocably and unconditionally consent to.