WeSwap Terms of Service

These WeSwap Terms of Service are effective from 11:59pm on 17 December 2021

CONTENTS

1. WeSwap Terms of Service
2. Scope of these Terms of Service
3. Communication
4. Card Service
5. Card Account
6. Identity Verification
7. Security
8. Methods of Sending, Spending, Requesting or Exchanging Money
9. Lost, stolen or & unauthorised transactions
10. Refused and Refunded Transactions
11. Restricted Activities
12. Fraud Monitoring
13. Lost, stolen or & unauthorised transactions
14. Location-Based Data
15. Transactions made in foreign currencies
16. Release
17. Change in service providers
18. Customer Support
19. Recording calls
20. Closing your Card Account
21. Complaints Procedure
22. Indemnification
23. Limitations of Liability
24. No Warranty
25. Complete Agreement
26. Force Majeure
27. Governing Law

• SCHEDULE 1 – DEFINITIONS

1. WeSwap Terms of Service

• PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THESE TERMS IF YOU HAVE CREATED OR USED A WESWAP.COM LIMITED SERVICE OR HAVE CLICKED AN “I ACCEPT” BUTTON WITH RESPECT TO THE USE OF WESWAP.COM LIMITED SERVICES.
• THESE TERMS OF SERVICE ARE BETWEEN YOU (THE USER) AND WESWAP.COM LIMITED. WESWAP ARE THE DISTRIBUTORS OF THE TECHNICAL SERVICES PROVIDED BY MANIGO SERVICES LIMITED. MANIGO IS A TECHNICAL SERVICE PROVIDER UNDER THE TERMS OF THE PAYMENT SERVICES REGULATIONS 2009 AND PROVIDES SUPPORT TO THE PROVISION OF PAYMENT SERVICES TO YOU BY THE CARD ISSUER.
• PLEASE NOTE THE FOLLOWING RISKS OF USING THE WESWAP SERVICES, WHICH ARE SET FORTH IN MORE DETAIL IN THE RELEVANT SECTIONS OF THESE TERMS OF SERVICE: THE CARD ISSUER MAY CLOSE, SUSPEND, OR LIMIT YOUR ACCESS TO YOUR CARD ACCOUNT AND THE WESWAP.
• SERVICES IF YOU VIOLATE THESE TERMS OF SERVICE, OR ANY OTHER AGREEMENT YOU ENTER INTO IN RELATION WITH THIS SERVICE, OR AS MAY BE OTHERWISE SPECIFIED IN THE CARDHOLDER TERMS AND CONDITIONS. THE CARD ISSUER MAY ALSO USE FRAUD AND RISK MODELING WHEN ASSESSING THE RISK ASSOCIATED WITH YOUR CARD ACCOUNT.
• THESE TERMS OF SERVICE ARE SEPARATE AND INDEPENDENT FROM THE THE CARDHOLDER TERMS AND CONDITIONS OF THE ISSUER https://www.weswap.com/cardholder-terms/ WHICH GOVERNS THE RELATIONSHIP BETWEEN YOU AND THE ISSUER. BY AGREEING TO WESWAP TERMS OF SERVICE YOU SHALL BE DEEMED TO AGREE TO THE CARDHOLDER TERMS AND CONDITIONS.
• 1.1 Notices to WeSwap
  Notices to WeSwap made in connection with this Agreement must be sent by postal mail to: weswap.com limited Post: 74 Back Church Lane, Unit 8, London E1 1LX.
• 1.2 These Terms of Service
  We may change these Terms of Service including without limitation changing the existing fee structure or introducing new fees, from time to time. If so, we will provide you with at least 2 months’ notice before such changes take effect unless we are required to make such a change sooner by law.
  The up-to-date version of these Terms of Service will be available through the website. You should check the website regularly so that you can see the latest version. You will be bound by these Terms of Service and any amendments made to them.
  You will be taken to have accepted any change to these Terms of Service that we notify you about, unless you tell us that you do not agree with the particular change before the relevant change takes effect. In such circumstances, you may at any time terminate these Terms of Service before the changes take effect, without any liability to you or us and we will close the account and any other related service and refund the balance to you.

2. Scope of these Terms of Service

• These Terms of Service govern the use of WeSwap services by You (The User). The funds held in your Card Account are held as e-money and no interest will be paid on these. When you, or a User makes a debit Transaction, the value of the Transaction plus any associated fees payable will be deducted from Your Card Account and used to complete the Transaction.

3. Communication

• 3.1 Electronic Delivery of Communications
  You agree and consent to electronic receipt of all Communications that we provide in connection with your WeSwap Account and the WeSwap Services. Since the WeSwap Service is an electronic service, you agree that WeSwap has no obligation to send, and you have no right to receive communications in paper form. We will provide Communications to you by making them available through the WeSwap Services or by emailing them to you at the primary email address listed in your WeSwap Account profile. Electronic Communications shall be deemed to be received by you upon delivery in the following manner: Posting them to your WeSwap App, or on our website or making them available through the WeSwap Services. The Issuer and WeSwap may issue combined Communications for the sake of convenience, and you hereby consent to such joint Communications. You acknowledge and agree that such joint Communications shall not make the Issuer or weswap.com Limited responsible for the other’s services.
• 3.2 Checking for Communications
  It is your responsibility to log on to your Card Account and the WeSwap Services to open and review Communications that we deliver to you through those means. We may but are not obligated under these Terms of Service to provide you with notice of the posting of a Communication to your Card Account or the WeSwap Services. You are obligated to review your notices and Transaction history, and to promptly report any questions, apparent errors, or unauthorized Transactions. Failure to timely contact the Card Issuer may result in loss of funds or important rights. You agree that we will not provide you with a separate periodic statement for your use of the WeSwap Services unless you specifically request one, in which case you may be charged a fee. You are responsible for reviewing the Transactions reflected in your Transaction history, as made available in the App.

4. Card Service

• To use the WeSwap Services, you will be issued a Card by the Card Issuer and you hereby authorize us to share any Information you provide to us with the Card Issuer. The Card Issuer will use such Information that you provide in accordance with its privacy practices, including AML & fraud prevention. The Card Issuer will receive, hold and transfer funds on your behalf.
• WeSwap does not receive, hold, transfer or come into possession of your funds. WeSwap distributes the following technical services provided by Manigo: administering your enrolment into that service; receiving and relaying your transfer instructions for execution by the Card Issuer; reporting services regarding the funds held or transferred for you by the Card Issuer; and associated customer support.

5. Card Account

• Transactions with your Card Account may be limited by applicable limits set by the Card Issuer or WeSwap (see the Fees and Limits section)
• 5.1 Reported Card Account Balance
  You acknowledge that balances and available funds reported via the WeSwap Services are only approximate real time balances, rather than the settled balances in your Account. A real time balance may not take into account pending debits. Despite this fact, WeSwap will provide you with information about pending debits as and when it is available.
• 5.2 Loading your Card Account
  To load your Card Account, you must request an electronic transfer from either your bank account or a debit card. In such a transaction, you are instructing WeSwap to instruct Card Issuer and Account Provider to accept electronic transfers via direct deposit, or from a debit card, in the amount you specify, and to deposit such funds into your Card Account.
• You can deposit money to your Card Account only from a bank account registered in your name. Transfers from third parties, including but not limited to companies, friends and family, will be returned to the sender's account after deducting third-party processing fees.

6. Identity Verification

• You agree to cooperate with all requests made by us or any of our third-party service providers in connection with your Card Account, to identify you, verify your identity, or validate your funding sources or Transactions. The Card Issuer reserves the right to close, suspend, or limit access to your Card Account and/or the WeSwap Services in the event we are unable to obtain or verify such Information. You authorize The Card Issuer, directly or through WeSwap third party service providers, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, or other information that will allow the Card Issuer and Account Provider 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. The Card Issuer and Account Provider may also ask to see your driver’s license or other identifying documents at any time or proof of your address.

7. Security

• You are responsible for maintaining adequate security and control of your mobile phone, any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the WeSwap Services, WeSwap Card and your Card Account. You should also carefully safeguard your Card. You agree to immediately notify us of any unauthorized use of your login credentials or other breach of security, either through the app, by phone at +44 (0)2030536610 or by email at [email protected]
• All Transactions are processed by automated methods, and anyone who obtains your access credentials and/or mobile phone could use it to transfer your money without your permission.
• If you furnish your mobile phone and/or WeSwap Services access credentials to a third party, a third party uses your login credentials, or you negligently make your mobile phone or access credentials available to a third party who then uses them, you will be liable for the Transactions conducted and other use or misuse of your Card Account until and unless the Card Issuer and Account Provider has been notified otherwise. You are responsible for any use or misuse with respect to your login credentials. We may require you to close your Card Account and open a new one, and/or change your WeSwap Services access credentials.

8. Methods of Sending, Spending, Requesting or Exchanging Money

• By sending, spending, requesting, collecting, splitting or exchanging money, you authorize and instruct WeSwap to communicate your instruction to the Card Issuer and Account Provider to execute the transaction. Once you have provided your authorization for the Transaction, you will not be able to cancel it, except as provided for by applicable law. You are solely responsible for confirming the accuracy of any Transactions made by you.

9. Lost, stolen or & unauthorised transactions

• 9.1 Unauthorised
  If You believe that any Transaction posted to your Card is unauthorised, has been posted in error or is otherwise incorrect, you must also let Us know immediately by contacting Customer support. We may require you to provide details of your complaint in writing.
• 9.2 Lost
  You may be required to help us, our agents or any enforcement agency, at our request, if your Card is lost or stolen or if we suspect Your Card is being misused.
• 9.3 Stolen
  If Your Card is reported lost or stolen, we will cancel it and may issue a new one. A fee may applied (See Fees and limits). If you find your Card after you have reported it lost, stolen or misused, you must destroy it and inform Us immediately. No refund will be made until any investigation that we need to carry out is complete.
• We reserve the right not to refund sums to you if we believe that you have not acted in accordance with these Terms of Service.

10. Refused and Refunded Transactions

• When you send money, the recipient is not required to accept it. You agree that you will not hold WeSwap liable for any damages resulting from a recipient’s decision not to accept a payment. Any unclaimed, refunded or denied payment will be returned to you through the original Payment Instrument. Any unclaimed payment will be returned to you within 30 days of the date you initiated payment.

11. Restricted Activities

• 11.1 Activities
  In connection with your use of the WeSwap Services, or in the course of your interactions with the Card Issuer, WeSwap , other Users, or third parties, you will not:
  • a. Breach these Terms of Service, or any other agreement or policy that you have agreed to with WeSwap , Card Issuer, the Account Provide or a Card Processor;
  • b. Violate any law, statute, ordinance, or regulation;
  • c. Use the WeSwap Services to purchase or sell, or to facilitate the purchase or sale of, illegal goods or services, including, but not limited to: unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
  • d. Infringe WeSwap or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • e. Provide false, inaccurate or misleading information;
  • f. Instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
  • g. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  • h. Attempt to “double-dip” during the course of a Dispute, Chargeback, Reversal or other investigation, with “double-dipping” being defined as intentionally or knowingly receiving or intentionally or knowingly attempting to receive funds from both WeSwap and a merchant or Card Issuer for the same Transaction;
  • i. Control a Card Account that is linked to another Card Account that has engaged in any of these Restricted Activities;
  • j. Conduct your business or use the WeSwap 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 WeSwap , other Users, third parties or you;
  • k. Use your Card Account or the WeSwap Services in a manner that the Card Issuer, Visa, Mastercard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  • l. Allow your Card Account to have a negative balance;
  • m. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; 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 WeSwap Services;
  • n. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
  • o. Circumvent any WeSwap policy or determinations about your Card Account such as temporary or indefinite suspensions or other Card Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Card Account when a Card Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Card Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Card Account;
  • p. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us; or
  • q. Use the WeSwap Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable law.
  • r. Use the WeSwap Services to trade FX for speculative purposes or for FX arbitrage.
  • s. If your Card Account is used to conduct (or to attempt to conduct) Transactions that we believe are not permitted by these Terms of Service (such as one of the activities set forth above) or applicable law, we may, in our sole discretion, and without waiving any of our rights, freeze, close, suspend, terminate or limit your access to the WeSwap Services. We reserve the right to refuse to facilitate any Transaction.
• 11.2 Actions
  Actions If the Card Provider, in their sole discretion, believes that you may have engaged in any Restricted Activities, they may take various actions to protect themselves, other Users, other third parties, or you from liability. The actions it may take include but are not limited to the following:
  • a. It may close, suspend, or limit your access to your Card Account or the WeSwap Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information).
  • b. It may contact Users who have Transacted with you, contact your bank or debit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
  • c. It may update inaccurate Information you provided us;
  • d. It may refuse to provide the WeSwap Services to you in the future;
  • e. It may take legal action against you; and
  • f. The Card Issuer in their sole discretion, reserves the right to terminate these Terms of Service, access to its website, or access to the WeSwap Services for any reason and at any time upon notice to you.
• If WeSwap in its sole discretion believes that you may have engaged in any Restricted Activities which are relevant to its support of the provision of payment services by the Card Issuer, it may take various actions to protect itself, other Users, other third parties, or you from liability. The actions it may take include but are not limited to the following:
  • a. It may together with the Card Issuer and Account Provider close, suspend, or limit your access to your Card Account or the WeSwap Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information).
  • b. It may contact Users who have Transacted with you, contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
  • c. It may update inaccurate Information you provided us;
  • d. It may take legal action against you; and
  • e. WeSwap in its sole discretion, reserves the right to terminate these Terms of Service or access to its website for any reason and at any time upon notice to you.

12. Fraud Monitoring

• WeSwap and the Card Issuer may monitor your Transactions for the purpose of determining fraudulent activity and whether you are in good standing. Based on our methods, which are subject to change without notice, the Card Issuer may decide to suspend your Card Account, or in other ways limit your privileges. WeSwap and the Card Issuer will use all available information to help combat fraud on our system. If you believe your Card Account has been opened or used in an unauthorized manner in connection with a Transaction, please contact us.

13. Lost, stolen or & unauthorised transactions

• You should treat the value on the Card Account like cash in a wallet. If the Card is lost or stolen or there is unauthorised use of a Card, you may lose some or all of the value on your Card Account in the same way as if you lost cash. If you believe that any Transaction posted to your Card Account is unauthorised, has been posted in error or is otherwise incorrect, you must also let us know immediately by contacting Customer Support. We may require you to provide details in writing. You may be required to help us, our agents or any enforcement agency, at our request, if a Card is lost or stolen or if we suspect a Card is being misused. If a Card is reported lost or stolen, we will cancel it and may issue a new one. A fee may apply. If you or a User finds the Card after it has been reported it lost, stolen or misused, you must destroy it and inform us immediately.

14. Location-Based Data

• You may opt-out of providing location data through your mobile device; 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.

15. Transactions made in foreign currencies

• 15.1 We reserve the right to revert foreign exchange trades done with you if traded prices differ from market rates due to any external factors such as volatile market conditions, system failure or any other external factors.
• 15.2 We will make every effort to provide you with the best possible FX rates – wholesale interbank rates. However, in certain circumstances it is not possible due to the FX market being closed, e.g., weekends or holidays. In such cases we might provide FX rates different from the last closed price to reflect a possible price gap on the market open.

16. Release

• If you have a Dispute with one or more Users or the Card Issuer, you release WeSwap (and our parent, our affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such Disputes. You agree that you will not involve WeSwap in any litigation or other Dispute arising out of or related to any Transaction, agreement, or arrangement with any User, the Card Issuer, advertiser or other third party in connection with the WeSwap Services. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of WeSwap and its affiliates and shall provide indemnification as set forth below.

17. Change in service providers

• The Card Issuer and WeSwap have the right to change any of its third-party service providers, including without limitation the Card Processor, with or without notice, that we, in our sole discretion, deem to be reasonable in the circumstances. You agree to cooperate with the Card Issuer, WeSwap and any other service providers selected by the Card Issuer as reasonably required for the Card Issuer or such other service providers to perform services for which it is responsible.

18. Customer Support

• Customer support means the contact centre for dealing with queries about your Account, Wallet(s) and Card. Our contact details are:
  • • E-mail: [email protected]
  • • Post: 74 Back Church Lane, Unit 8, London E1 1LX
  • • Telephone: +44 (0)2030536610
  • • Lost or Stolen Telephone: +44 (0)2030536610

19. Recording calls

• You understand and agree that WeSwap 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 WeSwap or its agents for quality control and training purposes or for its own protection.You acknowledge that WeSwap has sole discretion to terminate these terms of service with you if you act in a manner that is threatening or abusive to our staff, or any of our representatives You acknowledge and understand that, while your communications with WeSwap may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by WeSwap , and WeSwap does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

20. Closing your Card Account

• 20.1 How you May Close your Card Account
  You may terminate these Terms of Service at any time by emailing us at [email protected] or using any of the methods according to section 18. Your Card Account can be closed only by you.Once WeSwap has verified your identity and confirmed you wish to close your Card Account, the Card Issuer will close your Account. When your Card Account is closed, any pending instructions will be cancelled.
• 20.2 Limitations on Closing your Card Account
  You may not close your Card Account to evade an investigation. If you attempt to close your Card Account while the Card Issuer or WeSwap are is conducting an investigation, it may freeze the account to protect all parties to the WeSwap Services, its affiliates, or a third party against any liability. You will remain liable for any obligations related to your Card Account even after the Card Account is closed.

21. Complaints Procedure

• 21.1 Please refer to our Customer Complaints & Error Handling Policy for more information. You can request it by writing to us or emailing [email protected]
• 21.2 If we are unable to resolve your complaint, you may contact the Financial Ombudsman Service
• You may contact the Financial Ombudsman Service by:
  Post: addressing your complaint to the Financial Ombudsman Services, South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom;
  Phone: on 0845 080 1800; or
  E-mail: at [email protected].

  The Financial Ombudsman Service’s website is www.financial-ombudsman.org.uk

• 21.3 Complaint log WeSwap records each complaint received in line with the regulatory requirements.

22. Indemnification

• You agree to defend, indemnify and hold the parties to these Terms of Service, our parents, affiliates and the officers, directors, agents, joint venturers, employees and suppliers of WeSwap harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of these Terms of Service, your improper use of the WeSwap Services, and/or your violation of any law or the rights of a third party.

23. Limitations of Liability

• In no event shall WeSwap , our parent and affiliates, and the officers, directors, agents, joint venturers, employees, and suppliers of WeSwap (“WeSwap Parties”) be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our website, the WeSwap services or these Terms of Service, however arising. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. The liability of WeSwap parties to you or any third parties in any circumstance and in the aggregate is limited to £50. In addition, to the extent permitted by applicable law WeSwap parties are not liable, and you agree not to hold these parties responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) Your use of or your inability to use the WeSwap Services; (2) Delays or disruptions in the WeSwap Services; (3) Viruses or other malicious software obtained by accessing the WeSwap Services or any associated site or service; (4) Glitches, bugs, errors, or inaccuracies of any kind in the WeSwap Services; (5) The content, actions, or inactions of third parties; (6) A suspension or other action taken with respect to your Card Account; (7) Your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms of Service or WeSwap policies. WeSwap reserves the right to modify its policies and these Terms of Service at any time consistent with the provisions outlined herein.

24. No Warranty

• The WeSwap Services are provided “as is,” “as available” and without any representation or warranty, whether express, implied, or statutory. WeSwap , and the officers, directors, agents, joint venturers, employees, and suppliers of WeSwap , our parent or our affiliates, (collectively, “WeSwap Parties”), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the WeSwap Services used on or accessed through the WeSwap Services, or for any breach of security associated with the transmission of sensitive information through the WeSwap Services. The WeSwap Parties do not warrant that the functions contained in the WeSwap Services will be uninterrupted or error free. The WeSwap Parties 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 payment transactions or the WeSwap Services. The WeSwap Parties specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. WeSwap does not have any control over the products or services that are paid for with the WeSwap Services. WeSwap is not responsible for the quality, performance, or any consequential results of the products and or services purchased during the transactions. WeSwap cannot ensure that a merchant you are dealing with will actually complete the transaction or is authorized to do so.WeSwap does not guarantee continuous, uninterrupted, or secure access to any part of the WeSwap Services, and operation of the WeSwap Services may be interfered with by numerous factors outside of our control. WeSwap will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner, but WeSwap makes no guarantees or warranties regarding the amount of time needed to complete processing because the WeSwap Services are dependent upon many factors outside of our control, such as delays in the banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

25. Complete Agreement

• These Terms of Service and the Cardholder Terms and Conditions, set forth the entire understanding between you, the Card Issuer, and WeSwap (as technical service provider) with respect to the WeSwap Services. Any other terms which by their nature should survive, will survive the termination of these Terms of Service. Unless stated otherwise in these Terms of Service, if any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

26. Force Majeure

• We shall not be liable for any delays in processing or other non-performance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, software failures, labour strife, riots, war, terrorist attack, non-performance of our vendors or suppliers, acts of God, or other causes over which WeSwap has no reasonable control, and nothing in this section will affect or excuse your liabilities and obligations under these Terms of Service.

27. Governing Law

• You agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or Dispute that has arisen or may arise between you and WeSwap.

• SCHEDULE 1 – DEFINITIONS

• “Account Provider” means Monavate Ltd in the United Kingdom and in the European Economic Area.
• “Chargeback” means a request that you file directly with your debit card company to invalidate a Transaction.
• “Card” means a WeSwap-branded card issued to you by Issuer.
• "Card Account" or “Account” means the electronic money account to which your Card is linked.
• “Card Issuer” or “Issuer” means Monavate Ltd (registered number 12472532), SUITE EF38, The Officers Mess Business Centre, Royston Road, Duxford, Cambridge, England, CB22 4QH. Monavate Ltd is an electronic money issuer regulated by the Financial Conduct Authority under registration number 901097.
• “Communications” means any WeSwap Account or Transaction information provided to you, including: any agreements and policies you agree to, (e.g., these Terms of Service) including updates to these agreements or policies; disclosures and notices, including prospectuses and reports for transaction receipts or confirmations; WeSwap Account statements and history; and payments authorizations and transaction receipts or confirmations; documents; and any other information related to your WeSwap Account or the WeSwap Services.
• “Information” means any confidential and/or personally identifiable information or other information, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.
• "Manigo services Limited" or "Manigo" means the technical service provider under the terms of the payment services regulations 2009 who provides support to the provision of payment services to you by the card issuer.
• “Mobile App” or “App” or “WeSwap App” means the application on your mobile device through which you use the WeSwap Services.
• “WeSwap ” means MK Fintech Limited. WeSwap and the WeSwap logo are trademarks of MK Fintech Limited trading as WeSwap.com
• “WeSwap User” or “User” means any person or entity using the WeSwap Services including you and other WeSwap Members.
• “WeSwap Services” means the services that allow Users to make (i) Card Transactions; (ii) transfer monies to other Users or Non-Users; or (iii) withdraw monies from your Card Account using a mobile device, WeSwap Card, the internet or other technologies through which WeSwap may choose to offer its services from time to time. WeSwap are the distributors of the technical services provided by Manigo Services Limited.
• “WeSwap Wallet” means the digital interface that allows you to add, manage and access Payment Instruments, conduct payment transactions and make other permitted uses of the WeSwap Services.
• “Payment Instrument" means a Card Account, a Registered Bank Account, or the WeSwap Card.
• “Us” or “We” means WeSwap.com Limited
• “Account Holder”, "You" or "Your" means the person who has opened a Card Account with Us by agreeing to these Terms of Service.
• "Customer support" Our contact details are:
  • • E-mail: [email protected]
  • • Post: 74 Back Church Lane, Unit 8, London E1 1LX
  • • Telephone: +44 (0)2030536610
  • • Lost or Stolen Telephone: +44 (0)2030536610
• "Transaction" means the use of the WeSwap Services to instruct a third party to send/receive/request/split/collect/exchange funds on your behalf for a purpose permitted hereunder. Transaction also means any cash withdrawal, purchase of goods and/or services (as appropriate) completed by you using Your WeSwap Card, or any action which alters the balance of your Card Account.
• “Website” means www.weswap.com.