Ewire Terms and conditions
AGREEMENT AND TERMS
The services of the Ewire electronic wallet become available to the User after completing the user agreement. The agreement is in effect when the sign up procedure is fully completed or in connection with a transaction. For subscribing Users the below general conditions apply.
Ewire is entitled to review and change these conditions. If conditions are changed, advance notice of 14 (fourteen) days are given by e-mail. Changes which do not degrade the User’s conditions or legal status can become effective without any prior notice.
Ewire is entitled to charge fees for signing up, any use of the service, inactivity, account deletion etc. The current price list can always be found on www.Ewire.dk. The fee structure can be changed upon 14 (fourteen) days notice by e-mail. Fee changes which do not degrade the User’s conditions or legal status can become effective without any prior notice.
The pricelist notes in which countries Ewire can transfer money to a national bank.
DEFINITIONS
User means the person who enters an agreement with Issuer concerning use of means of payment, or the person that, according to Issuer, is the rightful User of a prepaid means of payment. E.g. a User paying for physical or digital goods or services or in other cases paying a Payee with money from an Ewire account.
In Sweden the issuer means the person who handles the means of payment that is encompassed by the Swedish act of obligation to make notification to the Financial Inspection according to the Swedish act 1996:1006
In Denmark the Issuer means the person who in Denmark is Issuer according to the Danish act on certain means of Payment and/or is encompassed by definition of Financial Business act cf. the European Parliament and EU Directive 2002/46/EF of September 18 2000.
Payee means the person who receives Payment from User in return for acquiring psychical or digital goods or services, arrangement for money transfer or making other Payment transactions e.g. a supplier who receives money from a User for delivery of a physical or digital goods or services or in another connection. If a User receives money this User is considered a Payee.
RIGHTS, LICENSE AND OPERATION
Ewire IPR ApS, CBR 27977170 holds the rights to the Ewire system and all related data.
IPR can assign the rights and related data fully or partly via licensing agreements. The operation of the system is being represented by Ewire Danmark A/S CBR 26313600. Special conditions can be established for other areas.
CONTACT
By opening an Ewire account the User has given his consent to receive all information concerning Ewire via e-mail, to the e-mail address (-es) specified on the account. The User is obliged to ensure that the e-mail addresses connected to Ewire are correct and in use. Any information/inquiries to Ewire can be addressed to support@ewire.dk.
AUTHORITY
In order to open an account the person in question must be at least 18 (eighteen) years of age. Users between 15 (fifteen) and 18 (eighteen) years old can open an account, if the money deposited into the account is earned by the User himself or if the User has received the money as a present, otherwise a legal guardian/parent must be present when opening an account and accepting these terms.
PERSONAL INFORMATION
When signing on personal details must be entered. After signing in, these details can be changed (refer to Settings). A User is obliged to ensure that this information is correct and up to date at any time. The information is submitted to Ewire and Issuer (in the case this is not Ewire) and is handled confidentially. If this information is incorrect or if noted fraudient in any way, Ewire reserves the right to block the account.
Personal information is not accessible to others unless Internet Payment for services or goods is used. If so the User is considered a customer to the supplier and all relevant information will be submitted to the supplier. In most cases the User can choose to stay anonymous in such case NO information will be submitted to the Supplier.
Ewire refers to registration and archiving of User information in accordance with applicable legislation.
Any handling and transfer of personal details shall be in compliance with the regulations in Danish Persondatalov (Law of Personal Details).
REGISTRATION AND ACCESS DEMANDS
When opening an Ewire account, the User must enter a valid e-mail address which becomes the username. A password and a PIN-code are sent via e-mail for log-in to the User Ewire account.
The account can be fixed with a maximum expenditure. There is a difference in the price structure from the individual functions. This is noted in the price list.
To obtain maximum security you have to observe or go through different procedures when using Ewire. Regulations and rules in connection with the special procedures are available and described under the procedures e.g. 3D Secure, NetID etc. Moreover, Ewire is entitled to ask for any kind of personal ID or documentation deemed necessary to ensure that internal and external rules are kept and observed.
It is recommended the User to keep the listed access criteria confidential that under no circumstances can be passed on to Third Party. In case of suspected fraud, attempted fraud or if the access criteria has come to the knowledge of a third Party, the User must bound to change the access criteria. Furthermore the User must immediately notify Ewire about the suspicion of fraud or the attempted fraud.
DEPOSITS MADE WITH OTHER THAN DANISH PAYMENT CARDS
Deposits to an Ewire account made with other than Danish Payment Cards or deposits over 1.000 DKK are handled by Ewire Finance AB, Skillingagatan 24, 646 32 Gnesta, Sverige, org. nr. 556660-1711, which according to the Swedish act on Client Account Funds 1944:181 handle the Users money.
DEPOSITS MADE WITH DANISH PAYMENT CARDS UP TO 1.000 DKK
If the User has paid up to 1.000 DKK using a Danish Payment Card into his Ewire account, the User will have an account with electronic money by Ewire Danmark A/S. The electronic money can be cashed at any time. It is only possible to pay in up to 1.000 DKK with a Danish Payment Card. The value of the electronic money can be no more than 1.000 DKK.
In a transaction where the total value of the electronic money is higher than 1.000 DKK a part of the electronic money which is already in the Ewire account must be cashed.
The money for the cashed electronic money will be transferred to the administration at Ewire Finance AB and hereafter electronic money of equivalent value cashed can be deposited.
ELECTRONIC MONEY
Ewire Danmark A/S, Soeren Frichs Vej 3, DK-8000 Aarhus C, CBR 26313600 is Issuer of electronic money cf. definition of Financial Business act and the European Parliament and EU Directive 2002/46/EF of September 18th 2000.
AUTO REFILL AND CREDIT
When depositing money into an Ewire account with a Payment card, the card will be attached to the Ewire account in question. If the balance of the Ewire account shows a deposit below a pre-specified amount the User will receive a message after which the account will be refilled provided that a valid card is connected to the Auto refill service.
A Ewire account can have a negative balance for an authorized period of time, if there is a valid credit card connected to the account. When Ewire becomes aware of a negative balance on a Ewire User’s account, Ewire will assure that auto refill is made from the Users credit card, so that a minimum amount covers the negative balance.
If the negative amount exceeds 1.000 DKK (133, 96 Euros) Ewire will transfer no more than 1.000 DKK (133, 96 Euros) a day from the User’s credit card, to the User’s Ewire account until the negative balance is equalized, if the User has used a “Dankort”. Otherwise the full amount is transferred.
After each Auto refill is made, the User will receive a confirmation via e-mail or sms.
Ewire is entitled to charge a fee every time Ewire effectuates an Auto-refill. At any given time the applicable fee rate appears on www.ewire.dk
To utilize the Auto- refill, User will allow Ewire to save all necessary Payment card details in order to charge the User’s Payment card automatically.
When the card has expired, has been cancelled or blocked the agreement on Auto refill and Credit expires too. If The User still wants Auto refill and Credit, he must sign up using a new Payment Card.
DEPOSITS
A maximum deposit in total can be fixed on a Basic account. A Business account (Merchant account) has no deposit limit. If the User is paid (and in case of deposit) and the amount will lead to a deposit exceeding the maximum amount the User will be instructed to cash the necessary amount of money prior to receiving the transferred amount of money.
CURRENCY
Different currencies are allowed. The applied principles for the determination of exchange rates appear in the price list.
SPENDING
To the extent possible when making a transaction, electronic money (from Ewire Danmark A/S) on the User’s Ewire account (if any) is used first, secondly money are taken from the money handled by Ewire Finance AB.
PURPOSE
A User is entitled to make use of Ewire net payment for all legal purposes. The Users and the Payees are at all times obliged to strictly follow all applicable legislation and public guidelines for online commerce and instructions from Ewire regarding exchange of data though not limited to any information concerning the rights of cancellation and complaints.
IMPLEMENTATION
The Payee with a Merchant account (Business Account) is to make sure that all necessary technical equipment and software will be installed and tested according to the technical instructions and that the system at any time is operational.
LOGO
All Payees are obliged to use the green Ewire logo on their website. You can download all the set up details or codes from our website. It is not legal to deploy logos from other means of payment unless an agreement is made with the competent Issuer.
RESPONSIBILTITY
The rules of legislation concerning certain means of payment are applied in relation to Basic Users in a relevant extent.
Section 1. Ewire is liable for loss in relation to the User in connection with unjustified use of the account, unless as follows in section 2-6. The User is only liable in as mentioned in section 2-6, if the transaction is correct, registered and carried out.
Section 2. Unless any further liability, as follow in section 3 or 6, the User is liable up to 1,200 DKK( 160,75 Euros) for a loss in relation to unjustified use of the means of payment, if the personal secret code has been used.
Section 3. Unless further liability as follows in section 6, the User is liable up to 8,000 DKK (1071, 67 Euros) for loss in response to unjustified use of the means of payment. If the Issuer proves, that the personal secret code of the means of payment has been used, and that;
- the User did not inform the Issuer as soon as possible after having gained knowledge, that the unjustified user was in the possession of the password.
- the User has given the password to the person who made the unjustified use of the account without this is mentioned in section 6, or
- the User by any means of coarse irresponsible behavior has made the unjustified use possible.
Section 4. The User is liable up to 8,000 DKK (1071, 67 Euros) for loss in response to unjustified use of the means of payment. In the case when the means of payment have been read physically or electronically and the unjustified user in relation to this has used a false signature and the Issuer can prove that;
- the User or other to whom the User has given the means of payment to, have neglected to inform the Issuer just after having received the knowledge that the means of payment is lost or,
- the User or others to whom the User has given the means of payment to by irresponsible use has made the unjustified use possible.
Section 5. If the User is liable for, as mentioned in Section 3 as in section 4, the User’s liability cannot exceed a total of 8,000 (1071, 67 Euros) DKK.
Section 6. The User is liable for the total amount of a loss when others unjustified have used the means of payment, if the personal secret password of the means of payment has been used and Issuer proves that the User has given the password to the person who is responsible for the unjustified use, and that it has happened under circumstances that the User was aware of, or should have been aware of the risk of abuse.
Section 7. Disregarding section 2-6, the Issuer is liable for unjustified use occurred after the Issuer has been informed that the means of payment has been lost. This being when an unjustified user has received knowledge of the password or that the User for other reasons wants to block the account. The Issuer must give the User the opportunity to inform that the means of payment must be frozen at anytime. Furthermore, the Issuer has to confirm the User that he has received the request as soon as possible. The confirmation must include the time of and when the Issuer received this request.
Section 8. Disregarding section 2-6, the Issuer is also liable if the Payee knew or should have known that a unjustified use of the means of payment had taken place. Furthermore, disregarding section 2, the Issuer is responsible when a payment card has been used fraudulently in relation to an agreement of a distance selling.
ERROR AND ABUSE
Ewire is not responsible for completion of transactions, and Ewire cannot be made responsible for system failure, interruptions or the like no matter the reason except system failure in relation to the amount on the User’s account.
As a receiver of money a User is not protected if the original sender has not been approved to make a given transaction. Examples of a cancellation could be money received from a sender who has set up an account and deposited with a stolen payment card or money sent by any unjustified use of another person’s username and password. In case of a transaction is declined or reversed, a User will, under normal circumstances, be notified and the amount will, if possible, be withdrawn from the User’s account. A fee can be imposed. The fee appears on the price list.
Ewire is not involved in the exchange of services and articles. Only the User is in a contractual collaboration with the suppliers in connection with actual transactions.
Ewire is not responsible for incorrect addressing of e-mails, text messages or incorrect amounts in a transaction. Ewire is not obligated to cash in amounts that can be assigned to misuse of any means of payment.
In case of suspected abuse or fraud, this must be e-mailed to Ewire Support.
The e-mail must contain name and address, the subscribing e-mail address and a description of the problem including size of amount that may occur, dates, receivers etc.
PAYMENT AGREEMENTS
When signing up a payment agreement according to applicable terms, a Payee receives an Ewire account.
Payment for articles and services will be deposited into this account and from here transmitted to the Payee’s bank account deducted transaction fees according to prices that apply. There are no interests on the account.
An amount for transactions is reserved for the Payee. The Payee can withdraw the amount when the article is delivered. If the money is not withdrawn within 28 days (or a period of time decided by the Payee) they will be transferred to the Buyers account.
The Payee pays a set-up fee, eventually, and a yearly service fee (cf. price list). The amount is charged electronically when signing up and again after 12 whole months and is due immediately upon notification.
MERCHANT AGREEMENTS
A merchant can sign up for an ewire account that is subject to the standard ewire terms. Internet payments received for goods and services are deposited on the ewire account and can be transferred to a specified bank account excluding any fees charged by ewire. The current merchant fee structure can be found in the price list. No interest is paid on the balance of the account.
All payments are automatically reserved for the merchant when payment is initiated by a payer. The merchant may then complete the payment upon delivery of goods or services that was paid for. The Merchant has a maximum of 28 days to complete the payment before it is automatically returned to the payer
The merchant is subject to a setup fee, eventually and a yearly fee (cf. the price list) as long as the agreement is in effect. The fee amounts which can be found in the price list are charged upon signup and again after 12 months.
TERMINATION
In case of fraud or attempted fraud Ewire is entitled to block an account without prior notice. We are, against proper warning and against payment of any outstanding amounts, entitled to close an account, for any reason what so ever.
Payees with redemption agreements can terminate the agreement without prior notice. If the agreement is not terminated, it will automatically be extended for one year at a time. Prepaid services fee will not be refunded.
VENUE
Any dispute involving Ewire Finance AB is governed Swedish Act with the court in Stockholm as agreed venue, unless mandatory legislation summon otherwise. Any dispute involving Ewire Danmark A/S or other companies in the Ewire Group, is governed Danish Act with the court in Aarhus as agreed venue, unless mandatory legislation summon otherwise.
ENGLISH VERSION
The English translation of the Ewire Terms and Conditions is provided for the convenience of our non-Danish-speaking users. Regardless of this, only the original Danish-language version is legally binding.
VERSION
Aarhus, June 6th 2009 / 4.11
|
