THESE TERMS AS A FRAMEWORK AGREEMENT
1.1. These Terms constitute a framework agreement which sets out the terms of (a) you and us entering into Futurepayments Ltd Transaction(s); and (b) the use of the Futurepayments Ltd Dashboard and other Futurepayments Ltd Services. Before you can enter into Futurepayments Ltd Transactions and benefit from the Futurepayments Ltd Services with us you are required to: read these Terms and tick the box confirming the accuracy of the information provided and your agreement with these Terms; and provide us with such documentation, photographs and information as we may reasonably request to comply with our regulatory obligations.
1.2. These Terms incorporate the Cookie Policy, the Privacy Policy, and any Supplements by this reference. By accepting these Terms, you are deemed to have accepted the terms and conditions of our third-party service providers including but not limited to, for the avoidance of doubt.
1.3. Once you have completed the above and you have passed our internal checks, we shall make the Futurepayments Ltd Dashboard available to you.
1.4. You confirm that you have provided the correct Information during the process of creating a Futurepayments Ltd Account. You undertake that, if your details change, you will notify us immediately. You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate Information.
REGULATORY INFORMATION
2.1 These Terms are between you (the "User", "you" or "your") and Futurepayments Ltd ("Futurepayments Ltd", "we", "us" or "our"). The legal address of Futurepayments Ltd: Trust Company Complex Ajeltake Road, Ajeltake Island, Majuro Marshall Islands MH96960, Reg. № 84896. Futurepayments Ltd is provider for issuing and acquiring of payment instruments and performs the payment services related to your Futurepayments Ltd Account.
COMMENCEMENT, TERM AND YOUR Futurepayments Ltd ACCOUNT
3.1. These Terms shall commence on the day that Futurepayments Ltd confirm to you via Website or Mobile App that your Futurepayments Ltd Account has been approved and shall continue until terminated.
3.2. You may be required to provide supplemental information to us to be able to use all of the functionality available.
3.3. We may stop your access to the Futurepayments Ltd Dashboard and on reasonable grounds relating to:
the security of the Futurepayments Ltd Dashboard;
the suspected unauthorised and/or fraudulent use of the Futurepayments Ltd Dashboard. If we do stop your access in such instances, we will inform you via Website or Mobile App and direct you to our customer services team via email or the chat function on the Futurepayments Ltd Dashboard.
THE DASHBOARD
4.1 The Futurepayments Ltd Dashboard is our portal where you can, among other things:
perform Top-Ups via Stored Card, Currency Exchanges;
review and accept or decline Instant Transfers;
verify your identity with us;
view your Futurepayments Ltd Transaction History;
view the balance and currency of the Funds you hold in your Futurepayments Ltd Account;
enable and disable location tracking; and
enter the details of your User Bank Account and your Stored Card(s)
4.2. You may access the Futurepayments Ltd Dashboard via Website or Mobile App.
VERIFICATION OF IDENTITY
5.1. You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your Futurepayments Ltd Account, to identify or authenticate your identity or validate your funding sources or Futurepayments Ltd Transactions. This may include, but not limited to, asking you for further information that will allow Futurepayments Ltd 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.
5.2. We reserve the right to close, suspend, or limit access to your Futurepayments Ltd Account and/or the Futurepayments Ltd Services in the event we are unable to obtain, verify such Information or you do not comply with our requests under 5.1 of these Terms.
5.3. We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. Some of the searches which we or a third party may perform, such as a credit check, may leave a soft footprint on your credit history. This will not affect your credit rating. By entering into these Terms, you confirm that you consent to us or a third party on our behalf carrying out such verifications.
5.4. You must ensure the information on your Futurepayments Ltd Account is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. We shall not be liable for any losses arising out of your failure to maintain up-to-date information.
RESTRICTIONS ON
THE USE OF THE Futurepayments Ltd SERVICES
6.1. It is not
permitted to:
use the Futurepayments Ltd Services for any illegal
purposes, including, but not limited to fraud and money laundering,
unlawful sexually oriented materials or services, counterfeit
products, unlawful gambling activities, fraud, money laundering, the
funding of terrorist organizations, the unlawful purchase or sale of
tobacco, firearms, prescription drugs, other controlled substances or
other products prohibited by law. Futurepayments Ltd will report any
suspicious activity and cooperate with any relevant law enforcement
agency or regulator;
use the Futurepayments Ltd Services to abuse,
exploit or circumvent the usage restrictions imposed by a merchant on
the services it provides, or to obtain goods or services without
paying the amount due partially or in full;
breach these Terms or
any other agreement or policy that you have agreed with
Futurepayments Ltd;
create more than one Futurepayments Ltd
Account without our prior written consent;
use the Futurepayments
Ltd Services to violate any law, statute, ordinance, or
regulation;
use the Futurepayments Ltd Services for any illegal
purposes including the purchase or sale, or the facilitation of the
purchase or sale of, illegal goods or services;
use the
Futurepayments Ltd Services to conduct activities pertaining to adult
entertainment/pornography, auction houses, charities, chemicals and
allied products, dating and escort services, binary options, legal
services, political or religious organisations, video game arcades or
establishments and business claiming to trade in prime bank
guarantees, debentures, letters of credit or medium-term
notes;
infringe Futurepayments Ltd's or any third party's
copyright, patent, trademark, trade secret or other intellectual
property rights, or rights of publicity or privacy;
act in a
manner that is defamatory, libelous, threatening or harassing when
using the Futurepayments Ltd Services;
provide us with false,
inaccurate or misleading information;
use the Futurepayments Ltd
Services to engage in debt-collection activities;
instruct us to
send or receive what we reasonably believe to be potentially
fraudulent funds on your behalf;
control an Futurepayments Ltd
Account that is linked to another Futurepayments Ltd Account that has
engaged in any of these Restricted Activities;
conduct your
business or use the Futurepayments Ltd Services in a manner that is
likely to result in or may result in complaints, disputes, reversals,
chargebacks, fees, fines, penalties or other liability to
Futurepayments Ltd, other Users, third parties or you;
facilitate
any viruses, Trojan horses, worms or other computer programming
routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
information;
use an anonymizing proxy; use any robot, spider,
other automatic device, or manual process to monitor or copy our
Website without our prior written permission; or interfere or attempt
to interfere with the Futurepayments Ltd Services;
take any action
that may cause us to lose any of the services from our Internet
service providers, payment processors, or other suppliers;
circumvent
any Futurepayments Ltd policy or determinations about your
Futurepayments Ltd Account including, but not limited to, attempting
to create a new or additional Futurepayments Ltd Account when a
Futurepayments Ltd Account has been restricted, suspended or
otherwise limited; creating new or additional Futurepayments Ltd
Accounts using Information that is not your own (e.g. name, address,
email address, etc.); or using someone else's Futurepayments Ltd
Account;
harass our employees, agents, or other Users;
refuse
to cooperate in an investigation or provide confirmation of your
identity or any Information you provide to us;
6.2. You must
ensure that you only enter into Futurepayments Ltd Transactions
relating to the sale or supply of goods and services in compliance
with all applicable laws and regulations.
6.3. If Futurepayments
Ltd, in its sole discretion, believes that you may have breached the
provision of this Clause, we may take action to protect ourselves,
other Users and third parties. The action we may take includes but is
not limited to:
closing, suspending, or limiting your access to
your Futurepayments Ltd Account or any or all of the Futurepayments
Ltd Services.
contacting other Users who have transacted with you;
contacting your bank or credit card issuer; and/or warning other
Users, law enforcement, or impacted third parties of your
actions;
updating inaccurate Information, you have provided to
us;
taking legal action against you;
terminating these Terms or
access to the Website;
blocking your access to your Futurepayments
Ltd Account and/or Futurepayments Ltd Dashboard temporarily or
permanently.
6 .4. Where possible, Futurepayments Ltd will provide
you with the relevant information regarding the actions imposed, but
we may be unable to do so in accordance with the appropriate law
including avoiding disclosing protected third party information or
interfering in the course of an investigation.
SUSPENDING YOUR
USE OF THE Futurepayments Ltd SERVICES
7.1. We reserve the right
to change, suspend or discontinue any aspect of the Futurepayments
Ltd Services at any time, including hours of operation or
availability of the Futurepayments Ltd Services or any Futurepayments
Ltd Services feature, without notice and without liability.
OUR
RIGHT TO SET-OFF
8.1. On the happening of any event which entitles
us to be compensated by you (including, but not limited to, any
technical errors on our behalf or on behalf of our third-party
providers), we shall be entitled to recover any sum due to us by
retaining part or all of any sum that you have lodged with us under
any Futurepayments Ltd.
If for whatever reason we are unable to
exercise our right of set-off, we may ask you to pay us another way.
NOTICE AND
COMMUNICATIONS
9.1. You agree and consent to electronic receipt of
all Communications that we provide in connection with the
Futurepayments Ltd Services. We will provide Communications to you by
making them available on the Futurepayments Ltd Dashboard or by
emailing them to you at the primary email address listed in your
Futurepayments Ltd Account Profile.
9.2. It is your responsibility
to ensure that you log onto the Futurepayments Ltd Dashboard
regularly and regularly review the Futurepayments Ltd Dashboard, the
Website and your primary email address and open and review
communications that we deliver to you through those means. Failure to
contact us in a timely manner may result in loss of important
rights.
9.3. We may contact you from time to time to notify you of
changes or information regarding your Futurepayments Ltd Account. It
is your responsibility to ensure you regularly check the
Futurepayments Ltd Dashboard and that your contact information stored
on your profile in the Futurepayments Ltd Dashboard is up to date.
You may contact us in accordance with these Terms via the chat
function on the Futurepayments Ltd Dashboard.
DATA
10.1.
The processing of your data is governed by these Terms, any
applicable Supplements as well as our Privacy Policy.
10.2.
Futurepayments Ltd reserves the right to transmit the Information or
personal data about you as well as activity in your Account to law
enforcement institutions, state authorities and financial
institutions, if such is necessary to comply with relevant
legislation, and in order to identify whether these Terms and
relevant legislation have not been violated.
10.3. When you use
the Futurepayments Ltd Services we may collect precise location data.
If you permit the Desktop or Mobile App to access location services
through the permission system used by your mobile operating system,
we may also collect the precise location of your device when the app
is running the foreground or background. We may also derive your
approximate location from your IP-address. You may opt out of
providing location data through Futurepayments Ltd Account Profile or
the Mobile App, unless you opt out of providing location data, you
consent to the collection, use, sharing and onward transfer of
location data, as further set forth in the Privacy Policy.
10.4.
By providing Futurepayments Ltd with a telephone number (including a
mobile telephone number), you agree to receive autodialed and
pre-recorded message calls at that number. The ways in which you
provide us a telephone number include, but are not limited to,
providing a telephone number at Futurepayments Ltd, adding a
telephone number to your profile on your Futurepayments Ltd Dashboard
at a later time, providing it to one of our employees, or by
contacting us from that phone number. If a telephone number provided
to us is a mobile telephone number, you consent to receive SMS or
text messages at that number, for service-related matters. We will
not share your phone number with non-affiliated third parties for
their purposes without your consent and we will never market,
advertise, or solicit you using autodialing or pre-recorded messages,
but we may share your phone numbers with our affiliates or with other
service providers, such as billing or collections companies, who may
contact you using autodialed or pre-recorded message calls or text
messages.
10.5. You understand and agree that Futurepayments Ltd
may, without further notice or warning and in our discretion, monitor
or record the telephone conversations you or anyone acting on your
behalf has with Futurepayments Ltd or its agents for quality control
and training purposes or for its own protection. You acknowledge and
understand that, while your communications with Futurepayments Ltd
may be overheard, monitored, or recorded without further notice or
warning, not all telephone lines or calls may be recorded by
Futurepayments Ltd, and Futurepayments Ltd does not guarantee that
recordings of any particular telephone calls will be retained or
retrievable.
10.6. You agree that we can use your Information in
connection with your Futurepayments Ltd Account, to enable us to
review, develop and improve our products and services. This may
involve providing your Information to our partners, affiliates,
agents, distributors and suppliers to process Futurepayments Ltd
Transactions and for their statistical research and analytical
purposes. We may also disclose your Information as required by law,
regulation or any competent authority or agency to investigate
possible fraudulent, unlawful or unauthorised activity.
10.7. You
understand and agree that we may collect information about how you
and other Futurepayments Ltd Users interact with the Futurepayments
Ltd Services. We may access the address book on your device and store
names and contact information to facilitate social interactions
through the Futurepayments Ltd Services and for other purposes. We
may collect information about your mobile device, including for
example, the hardware model, operating system and version, software
and file names and versions, preferred language, unique device
identifier, advertising identifiers, serial number, device motion
information and mobile network information. You agree that we may use
the information that we collect to facilitate interactions with the
Futurepayments Ltd Services, including sharing certain non-sensitive
information about you with other Futurepayments Ltd Users.
INTELLECTUAL PROPERTY
11.1. The Futurepayments Ltd Dashboard and the Website and all intellectual property rights contained therein, including but not limited to any content, are owned or licensed by us. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Futurepayments Ltd's intellectual property include "Futurepayments Ltd" and all logos related to the Futurepayments Ltd Services. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Futurepayments Ltd. You may not copy, imitate, or use them without our prior written consent.
11.2. We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
11.3. Nothing in these Terms grants you any legal rights in the Futurepayments Ltd Dashboard and/or the Website, other than as necessary to enable you to access the Futurepayments Ltd Dashboard. You agree not to adjust or try to circumvent or delete any notices contained on the Futurepayments Ltd Dashboard (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Futurepayments Ltd Dashboard.
REQUESTING INFORMATION
12.1. You may request, at any time during the extent of these Terms, a copy of these Terms.
CUSTOMER SUPPORT AND COMPLAINTS
13.1. We take all complaints seriously. Any complaints about us or the services we provide should be addressed to the chat function on the Futurepayments Ltd Dashboard. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. Our complaints procedure (available on our Website) sets out the process for submitting and resolving any complaints. You may request a copy of our complaints procedure at any time by contacting customer services via the chat function on the Futurepayments Ltd Dashboard.
13.2. A final response to your complaint, or a letter explaining why the final response has not been completed, will be sent to you within 15 Business Days of your complaint having being made, and in exceptional circumstances, within 35 Business Days (and we will let you know if this is the case). Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
13.3. If after having received our final response you are still unhappy or not satisfied, you may, if your complaint falls with the Financial Ombudsman's Jurisdiction, be able to take your complaint to the Financial Ombudsman Service (FOS).
NO WARRANTY
14.1. The Futurepayments Ltd Services are provided on an "as is," "as available" basis and without any representation or warranty, whether express, implied or statutory. Futurepayments Ltd, and the officers, directors, agents, joint ventures, employees and suppliers of Futurepayments Ltd, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the Futurepayments Ltd Services used on or accessed through the Futurepayments Ltd Services, or for any breach of security associated with the transmission of sensitive information through the Futurepayments Ltd Services.
14.2. Futurepayments Ltd does not warrant that the Futurepayments Ltd Services will be uninterrupted or error free. Futurepayments Ltd shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Futurepayments Ltd Transactions or the Futurepayments Ltd Services.
14.3. Futurepayments Ltd does not have any control over the products or services that are paid for using the Futurepayments Ltd Services.
14.4. Futurepayments Ltd is not responsible for the quality, performance, or any consequential results of the products and/or services purchased using the Futurepayments Ltd Services.