Platform Terms of Use

Please read these Platform Terms of Use carefully before you agree to use our Platform or any related services provided by or through us. If you want to refer to them in future, you can access them on our website at https://eqwire.com.

By agreeing to open an Account and/or using our Platform, you accept these Platform Terms of Use. If there is anything you do not understand, please contact Customer Services using the contact details provided to you on our Platform.

1. INTRODUCTION

This document contains the Terms of Use applicable to our Platform, and the use of related digital services we make available through it.

The Platform is a service and a digital interface that enables you to open the Electronic Money Account and access the account and associated services. Through this service and interface, you can instruct and operate additional functionality in relation to your electronic money account (together, the "Services").

EQWIRE UK Ltd is a provider of electronic money accounts and associated payment services, through a digital interface, as described to you on our Platform.

EQWIRE UK Ltd is a company registered in England and Wales with company number 12533411 and registered address at 51 Eastcheap, London, England, EC3M 1DT trading under the 'EQWIRE' trade name.

This Platform Terms of Use constitutes an agreement between the Account Owner and EQWIRE UK Ltd for the provision of various services and use of the Platform, under the terms of which the Client wishes to open an Account via the Platform to be used for the purpose and in accordance with the Account Terms and Conditions and these Platform Terms of Use.

These Platform Terms of Use‎, together with the Account Terms and Conditions, set out the terms on which our services are provided and constitute the Agreement between EQWIRE UK and the Client (together, the "Agreement").

You can access the Platform online by logging on to the following website address https://eqwire.com.

A reference to the "Client" means any client who opens the Electronic Money Account and accesses our Platform and associated services through our Platform. The Client is also referred to as the Account Owner.

In these Terms of Use:

a. "we", "our", "us" or "EQWIRE UK" means EQWIRE UK Ltd, a company that trades under the 'EQWIRE' trade name; and

b. "you" or "your" means the Client, also referred to as the Account Owner.

c. "Account Terms and Conditions" means the terms and conditions governing your Account and related regulated services, as amended from time to time in accordance with those terms.

d. "Platform" means our website, web portal and any application (including mobile application) and related digital interfaces and systems we make available to you from time to time to access and operate the Account and Services.

e. "Services" has the meaning given above and includes any alerts, notifications and security features we provide in connection with the Platform.

By using the Platform and opening the electronic money account, you agree with and accept these Platform Terms of Use (including all the attached Schedules), together with the Account Terms and Conditions.

Headings are for convenience only and do not affect interpretation. References to "including" mean "including without limitation". If there is any inconsistency between these Platform Terms of Use and the Account Terms and Conditions in relation to the regulated account and payment services, the Account Terms and Conditions prevail to the extent of the inconsistency.

These Platform Terms govern only (a) your access to and use of the Platform (including any dashboards, tools, alerts, messaging, and security features), and (b) the digital interface through which you may submit Instructions in relation to your Account.

The opening, holding and operation of your electronic money account and any regulated payment services (including execution of payment transactions, authentication requirements, refunds, chargebacks, unauthorised or incorrectly executed transactions, complaints, and regulatory disclosures) are governed exclusively by the Account Terms and Conditions and applicable law.

If there is any conflict or inconsistency between these Platform Terms and the Account Terms and Conditions in respect of regulated services, the Account Terms and Conditions prevail to the extent of the conflict. If there is any conflict in respect of Platform access/use, these Platform Terms prevail. If and to the extent Platform functionality is provided via third-party systems or service providers, those dependencies may affect availability, support and remedies, and clauses 6 and 12 will apply accordingly.

2. USE OF THE PLATFORM

With the Platform, you can access information about your Account, give instructions and use other functionality that we make available from time to time.

We will provide or ask you to set security details for access to the Platform. These could include a password, one-time passcode code, memorable information (or biometric data such as a fingerprint). In accordance with clause 11 and/or where required to address security, fraud prevention or legal/regulatory requirements, we may change these requirements at any time.

Use of the Platform requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from the use of such.

The Platform may not be used in connection with any illegal or criminal activity. Such type of activity may result in suspension or termination of your access to the Platform.

Illegal and/or unauthorised use of the Platform is prohibited. Appropriate legal action may be taken for any illegal or unauthorised use of the Platform. You are prohibited from selling, trading or otherwise transferring your access to the Platform and Account to another party.

You will need to register to use the Platform by opening an Account. This is so that we can provide you with easy access to the Platform. You can register directly with us in order to use the Platform and Account. If you choose to use the Platform and open an Account, you agree to provide only accurate, complete information, and you will keep that information up-to-date if it changes.

You can use the Platform to make and receive transfers as well as access information about your balance and transactions.

By choosing to register for and to use the Platform, you authorise us to retrieve a unique identifier from your device in order for us to link that device to you. This is essential to prevent fraud and ensure that other devices are not used to fraudulently access your account and make payments from it.

Acceptable Use

You must not (and must ensure that your Authorised Users do not):

a. use the Platform or Services in breach of any applicable law, regulation, sanctions or court order;

b. use the Platform or Services to facilitate fraud, money laundering, terrorist financing, tax evasion, bribery/corruption or any other unlawful or abusive activity;

c. attempt to gain unauthorised access to the Platform, any Account, any other user's data, or any systems or networks connected to the Platform;

d. introduce or transmit viruses, malware, or any other code or routine intended to disrupt, damage, degrade, intercept or interfere with the Platform;

e. scrape, crawl, data-mine or use any automated means to access or collect data from the Platform except as expressly permitted by us in writing;

f. use the Platform in a way that could damage, disable, overburden or impair the Platform, interfere with other users, or create a security risk; nor

g. use the Platform to provide services to third parties (including any bureau/service-provider model) unless we have agreed in writing.

You are responsible for all acts and omissions of your Authorised Users and anyone who accesses the Platform using your or their credentials or security details, except to the extent caused by our failure to maintain reasonable security of the Platform.

Making Transfers

Transfer requests are subject to minimum and maximum limits, and you will be informed of these when you make your transfers.

Account Opening

Once you register with the Platform and apply for an Account, we will receive your company details and personal data for the due diligence, screening, and anti-money laundering checks. The digital interface and dashboard on the Platform will become active for you once you successfully pass these checks and the onboarding process and we have confirmed your Account is open.

3. LICENSE TO USE

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-assignable, limited, revocable and non-sublicensable right to access and use the Platform. You use the Platform and other future added functionality, including but not limited to downloadable apps under this licence from us on the terms set out below.

You are not permitted and will not be able to use the Platform on a device which has been jail-broken, rooted or which has had its security settings compromised in any other way. Jail-broken or rooted means that the device has deliberately had its security settings changed, making it less secure and more vulnerable to fraudulent attacks. If we detect that your device has been jail-broken, rooted or had its security settings compromised in any other way, we shall be entitled to prevent you from using the Platform.

In using the Platform, you must:

a. access it on a device that you own or control;

b. not sub-license, assign or claim to exercise any rights in relation to the Platform;

c. not copy or reverse engineer, amend, alter, or adapt any part of the Platform, and

d. accept the terms of this licence without making any amendment to them.

Except to the extent prohibited by law, you must not (and must not attempt to):

a. copy, reproduce, modify, create derivative works of, distribute, publicly display, publicly perform, republish, download, store or transmit any of the Platform (or any part of it), except as incidental to normal use;

b. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, underlying ideas, algorithms, structure or organisation of the Platform;

c. remove, alter or obscure any copyright, trade mark or other proprietary rights notices;

d. use the Platform for benchmarking, competitive analysis, or to develop or support any product or service that competes with EQWIRE UK;

e. access the Platform to build a database, directory or service of information obtained from the Platform; or

f. use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any material on the Platform (except as permitted by us in writing).

The licence commences when you apply for the Electronic Money Account and subsequently access the Account and associated services and will continue until you stop using the Platform. By using the Platform, you will be deemed to accept these Platform Terms of Use, including this licence.

Any updates to the functionality of the Platform, including the availability of any apps, will be communicated via the Platform and registered email address. We will not be responsible for providing updates to you in any other way.

If a third party claims that the Platform or your use of it infringes their rights, you will give us any reasonable assistance we require to investigate and defend that claim.

By using the Platform, you confirm that you are not located in a country which is subject to any embargo by the United Kingdom ("the UK") or a country which is considered a terrorist-supporting country by the UK and you are not prohibited from accessing the Platform as a result of being listed on any US, EU or UK Government restricted parties lists, including you are not designated under sanction lists and or your owners including ultimate beneficial owners (real beneficiaries) are not designated under sanction lists.

The Platform and all intellectual property rights in and to the Platform (including software, code, interfaces, designs, trademarks, logos, content, databases and documentation) are owned by or licensed to EQWIRE UK. Except for the limited licence expressly granted in this clause 3, no rights are granted to you, and all rights are reserved. You acknowledge that the Platform (or parts of it) may be provided on a "white label" basis using software, systems and documentation licensed to EQWIRE UK by one or more third-party licensors. Nothing in these Platform Terms grants you any rights in or to any such underlying third-party systems, software, documentation or related intellectual property rights, and all such rights are reserved to the relevant owners/licensors.

You grant us a non-exclusive, worldwide, royalty-free licence to use any content, data or materials you submit or make available through the Platform (including instructions, messages and support requests) solely to provide, operate, maintain, improve and secure the Platform and Services, comply with law/regulation, prevent fraud and manage risk, and to enforce the Agreement. This includes the right to share relevant content, data and materials with our service providers and licensors (acting as processors/sub-processors) to the extent necessary to provide support, maintain availability, and meet regulatory and security requirements.

4. LINKS

This Platform may contain links or references to other websites, these are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material, intellectual property rights, accuracy, or information on such websites. Inclusion of any linked website on the Platform does not imply approval or endorsement of the linked website by us.

Your dealings with third parties (including advertisers, third-party service providers and any linked sites) are between you and the relevant third party. We do not warrant, endorse, guarantee or assume responsibility for any third-party services or content.

We are not responsible for any loss or damage arising from your use of or reliance on third-party websites, services or content, except to the extent such loss or damage is directly caused by our negligence or fraud.

5. THE ALERTS SERVICE

By activating the Platform following successful registration with the Platform and account opening, you might automatically receive Alerts. This is a text and email service that provides relevant information by email and/or text to a registered mobile phone number.

We will only send you each text or email once. If you delete a text or email, we cannot send it again.

If we do not send an alert or if it is inaccurate, we will only be responsible for any charges you incur on your account which you could otherwise have avoided, but we will not be responsible where it is due to reasons outside our reasonable control (for example your phone is out of coverage, is switched off or you have changed your number, or don't have access to your registered email address).

You acknowledge that Alerts are provided for convenience and do not replace your obligation to monitor your Account activity and balances through the Platform. You are responsible for ensuring that your registered contact details are accurate and that your devices and email accounts can receive Alerts (including checking spam/junk folders).

We may change, suspend or withdraw the Alerts service at any time (in whole or in part), including for security, operational or regulatory reasons. Where reasonably practicable we will give notice via the Platform or to your registered email address.

6. AVAILABILITY AND ACCESS TO THE PLATFORM

We may make operational changes to the way that the services are accessed at any time. We will tell you about such changes by either placing a message on our website, via your mobile device or by text or email.

You are responsible for maintaining your computer or mobile device safe and for ensuring that it is compatible with the particular service.

We may carry out Planned Maintenance and Unscheduled Maintenance that could limit the availability of the Platform or Services: a. Planned Maintenance: where reasonably practicable, we will give you at least 24 hours' notice (for example via the Platform or email) before Planned Maintenance. b. Unscheduled Maintenance: we may carry out Unscheduled Maintenance (including emergency maintenance) where required to prevent or fix breakdowns or to address security or operational risk. Where reasonably practicable, we will notify you as soon as possible before Unscheduled Maintenance starts (for example via the Platform or email).

We shall use reasonable endeavours to keep the services free from viruses and corrupt files but cannot guarantee this. You should ensure that you have appropriate anti-virus software installed on any computer or mobile devices that you use to access the services. We shall not be liable for any loss or damage you suffer if your device is infected by a virus or corrupt file unless such loss or damage is the direct result of our negligence or deliberate default.

We aim to make the Platform available 24 hours a day, 7 days a week, but we do not guarantee that the Platform will always be available, uninterrupted, timely, secure or error-free.

To the fullest extent permitted by law, and except as expressly set out in the Account Terms and Conditions, the Platform and any information made available through it are provided on an "as is" and "as available" basis.

We will not be liable for any failure or delay in making the Platform available, or any error, corruption or loss of data, to the extent caused by:

a. events outside our reasonable control;

b. your systems, devices, software, connectivity, telecommunications providers, or third-party services;

c. your failure to follow these Platform Terms of Use (including security obligations); or

d. any suspension or restriction we impose in accordance with the Agreement.

7. ONE TIME PASSCODES

To log in to your account, make payments and access many aspects of the services, you will need to register the mobile phone number and the email address of your authorised user to receive one-time passcodes that we will send to their phone and/or email address. The authorised user will need to input this code to verify and complete certain transactions. We will only send a passcode when the authorised user has taken action to access the service and the Platform.

A reference to the "Authorised User" means any individual that is designated by you as an Authorised User.

You must take all reasonable precautions to prevent anyone else from accessing the passcode, apart from the Authorised User. The Authorised User must never disclose it to anyone, even if they claim to be our employees, agents, or the police. We will never ask anyone to disclose the one time passcode.

You must tell us as soon as possible if you change the Authorised User, including your or Authorised User's contact details such as the registered email address or mobile phone number, or if the phone is lost or stolen.

You are responsible for ensuring that only Authorised Users are registered to receive one-time passcodes and that each Authorised User has a genuine business need to access the Account.

Subject to the Account Terms and Conditions and applicable law, any instruction, transaction or action authenticated using a one-time passcode sent to (and used by) an Authorised User (or used with that Authorised User's credentials) will be treated as authorised by you and will be binding on you.

You must ensure your Authorised Users maintain sole control of the phone number(s) and email address(es) used to receive one-time passcodes. If a phone number is recycled, ported, compromised or transferred, you must update the registered details immediately.

If you suspect that any one-time passcode, device, email account, SIM, authentication method, password or other security detail has been compromised, you must notify us immediately and take steps to prevent further unauthorised access (including removing affected Authorised Users and securing your devices and email accounts).

8. SECURITY

You must take reasonable security precautions to keep your account safe when using the Platform, including:

a. not choosing security details which may be easy to guess, such as your date of birth;

b. memorising security details or writing them down only in a way that cannot be understood by others (you should not store them on your device);

c. only providing security details to us when asked through the Platform (we will never ask for them over email);

d. responding to our emails if you are confident they came from us (we will address emails to you personally and quote your last four digits of the account number to identify ourselves). If in doubt, you should contact our Customer Services;

e. only accessing our Platform service via our website or app (when and if this will be available in the future). You should never go to our Platform service from a link in an email and enter your security details;

f. ensuring any information shown or stored on your device is kept secure, that the device is locked when you are not using it and that you log out when exiting the Platform service;

g. protecting your device with up-to-date anti-virus and firewall software; and

h. not accessing your account from a device using public WI-FI.

You are solely responsible for maintaining the confidentiality of your account, log-in details and password and should not share these with any other party.

Our digital services may use your location data or information about your device in order to prevent and detect fraud. For example, we may check if you are in the country where your payments are being made in instances where we suspect fraud on your account. We will not use this information for any other purpose.

Further details on keeping your accounts safe can be found at www.getsafeonline.org. You must follow any other guidance we give you about keeping your security details and mobile device or computer secure.

If you receive a suspicious email, you should not open it or click on any links contained within it.

You must contact us immediately if you believe someone else knows your security details or think they have been misused.

If you don't follow these procedures, we may withdraw or suspend your ability to access your account until we are satisfied that your account is secure.

For security reasons, we may de-activate your security details if you have not used them to access the Platform for a prolonged period. We will send you a reminder at least two months before any de-activation date.

You must notify us of all individuals you wish to be an Authorised User.

You will be responsible for training your Authorised Users in the appropriate use of the Platform and regarding the security precautions as regulated and described in these Platform Terms of Use.

You must implement and maintain appropriate administrative, technical and physical safeguards for access to the Platform, including:

a. ensuring each Authorised User has unique credentials and only the access rights they require;

b. promptly removing access for any person who no longer requires it (including leavers);

c. maintaining up-to-date operating systems, browsers and security patches on Devices used to access the Platform; and

d. maintaining reasonable malware protection and network security controls.

You must notify us without undue delay (and in any event within 24 hours) after becoming aware of any actual or suspected compromise of Security Details, Devices, email accounts, SIMs or Authorised User credentials. You also agree to provide us promptly with any information we reasonably request in connection with investigating and remediating the incident and meeting our regulatory obligations.

9. USING THE SERVICE ABROAD

The Platform service uses a high level of encryption, which may be illegal in some particular countries. You should not access the service from countries where this is not permitted by local law. We shall not be liable for any loss, damage or other outcome suffered by you as a result of you breaking any local law by using the services in some particular countries.

Using the Platform from a country which is subject to any embargo by the UK, EU or the US or which is considered a terrorist-supporting country by the UK, EU or the US is prohibited.

10. TERMINATION AND SUSPENSION OF ACCESS

These Platform Terms of Use do not have a fixed duration, so will continue until either you or we end it.

You can cancel your Platform service at any time by closing your Account and notifying us according to the Account Terms and Conditions.

If you close your Account, you will no longer be able to access the Platform. Similarly, if you cancel the Platform registration, you will no longer be able to access your Account, which is an online-only account.

We may terminate your use of any of the services at any time by giving you at least 2 months' written notice (including email or text alerts).

We may also terminate or suspend your use of the services and access to the Platform if we terminate or suspend your use of your Account in accordance with the Account Terms and Conditions.

Without limiting any rights under the Account Terms and Conditions, we may suspend, restrict or disable access to the Platform (in whole or in part) immediately, and/or refuse to act on instructions submitted via the Platform, where we reasonably consider that:

a. there is a suspected or actual security incident, fraud, unauthorised access or misuse;

b. we need to do so to comply with law, regulation, sanctions requirements, or a request from a regulator, law enforcement agency, court or governmental authority;

c. you, your Authorised Users, or your Account activity present an increased risk (including credit, fraud, operational or reputational risk);

d. you have breached (or we reasonably suspect you have breached) these Platform Terms of Use or the Account Terms and Conditions; or

e. the Platform is unavailable due to maintenance, emergency changes or issues affecting performance or security.

Where reasonably practicable, we will notify you of any suspension or restriction and, where applicable, the reasons for it, and we will restore access as soon as reasonably practicable once the relevant issue has been resolved. We may not provide notice or reasons where prohibited by law or where doing so would compromise security or our fraud prevention measures.

On termination of these Platform Terms of Use for any reason:

a. the licence in clause 3 ends immediately;

b. you must stop using the Platform and delete or destroy any Platform-related materials we have provided (if any), except to the extent you are required to retain them by law; and

c. termination of Platform access does not, by itself, affect any rights and obligations relating to funds held in your Account, which continue to be governed by the Account Terms and Conditions (unless your Account is also closed).

11. CHANGES TO THESE TERMS OF USE

We can change any of these terms, including introducing or changing terms, provided we give you at least two months' notice in advance of the change.

Despite clause 11.1, we may make changes to these Platform Terms of Use (or the Platform's security requirements or processes) with shorter notice, or immediate effect, where we reasonably consider the change is:

a. required by law or regulation or by a regulator;

b. necessary to prevent or address fraud, security threats or operational risk; or

c. to correct errors or to make non-material changes that do not adversely affect you.

Where we make a change under clause 11.2, we will notify you as soon as reasonably practicable via the Platform or to your registered email address.

We can give you notice on the log on page of the Platform, by email, text or by any other means we agree with you. You should check our website regularly for such messages.

The new Terms will apply automatically at the end of the notice period, but if you do not want to agree to the change, you can stop using the Platform at any time until the change takes effect. If you continue using the Platform after this, we'll assume you've accepted the change.

We may also make changes to the Platform from time to time, for example, improvements in functionality, some of which we may notify to you through the website or email.

12. GENERAL

These Platform Terms of Use are personal to you, and you cannot transfer your rights or obligations to anyone else. We may transfer our rights and obligations at any time.

If any term of this agreement is found to be unenforceable, this will not affect the validity of any others.

These Terms are governed by English law, and you agree to the exclusive jurisdiction of the English Courts.

All the information we give you and all communications from us will be in English. We will only accept communications and instructions from you in English.

Nothing in these Platform Terms of Use limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded under applicable law.

Subject to clause 12.5, and to the extent permitted by law, we will not be liable to you under or in connection with these Platform Terms of Use for:

a. any loss of profits, revenue, goodwill, business opportunity or anticipated savings;

b. any indirect or consequential loss;

c. any loss arising from Platform unavailability, interruption, delays, or errors (including Alerts), except to the extent directly caused by our negligence;

d. any loss caused by your systems, devices, connectivity, telecommunications providers or third-party services; or

e. any unauthorised use of the Platform where you or your Authorised Users failed to comply with these Platform Terms of Use (including clauses 7 and 8).

Nothing in this clause 12 affects any liability or reimbursement rights that may apply under the Account Terms and Conditions or applicable payment services/e-money law, to the extent such rights are mandatory and cannot be excluded.

We will not be liable for any failure or delay in performing our obligations under these Platform Terms of Use to the extent caused by an event beyond our reasonable control, including failures of telecommunications networks, internet service providers, cloud/hosting providers, power outages, strikes, riots, civil commotion, war, terrorism, pandemic, fire, flood, explosion, government action, sanctions, or acts of God.

These Platform Terms of Use, together with the Account Terms and Conditions, constitute the entire agreement between you and us in relation to the Platform and supersede any prior discussions or understandings relating to the Platform.

If we do not enforce any provision of these Platform Terms of Use, that will not be a waiver of our right to do so later.

Clauses which by their nature are intended to survive termination will survive, including clauses 3 (Licence to Use - to the extent of restrictions and IP), 4 (Links), 5 (Alerts - to the extent of disclaimers/limitations), 8 (Security - to the extent relevant), 12.3 (Governing law and jurisdiction), 12.5 (Limitation of liability), and 12.8 (Force majeure).