wCARD Terms and Conditions
Please read these Terms and Conditions (the “Terms and Conditions”) carefully before accessing and using the website https://wcard.finance/ and/or the wCARD App.
1.1. wCard Finance, UAB is a company organized under the laws of Lithuania with registration number 306288861 and having its registered address at Didžioji g. 18, LT-01128, Vilnius, Lithuania (“wCARD”, “we”, “us”, “our”).
1.2. wCARD has created the wCARD App and the https://wcard.finance/ web portal (jointly the “Platform”) through which customers in the European Economic Area can access and use virtual and physical card services for the purpose of, among other things, enabling transactions with electronic money.
1.3. For the purpose of setting up the personal payment account, wCARD has partnered with Intergiro Intl AB (“Intergiro”), a Swedish fintech company that provides electronic money account services and payment card services. Intergiro is licensed and supervised by the Swedish Financial Supervisory Authority (Sw: Finansinspektionen) as an electronic money institution with the authority to issue electronic money under the Swedish Act on Electronic Money (Sw. Lag (2011:755) om elektroniska pengar) and to provide payment services under the Swedish Act on Payment Services (Sw: Lag (2010:751) om betaltjänster). Intergiro will provide a personal payment account (the “Account”), issue a Visa payment card and make the Top-up functionality available to you, and we will provide the Platform.
1.6. You may only use the Platform for your personal use and in accordance with the Agreement. The Agreement is for an indefinite term, meaning that it will continue in force until you or we terminate it, in accordance with the provisions of this Agreement.
1.7. The language of the Agreement is English and all communications will be conducted in English unless otherwise stated in the Terms and Conditions. You can at all times download a copy of these Terms and Conditions from the Platform or receive a copy from Customer Support.
Your Platform Account
2.1. To use the Platform, you will need to create a user account (the “Platform Account”).
2.2. To be eligible to use the Platform and to create a Platform Account you need to:
- be a private individual;
- at least eighteen (18) years of age;
- live within the European Economic Area; and
2.3. In addition to the prerequisites set out in clause 2.2 above, you must only use your Platform Account for your personal use and for legal purposes. You cannot be listed on or associated with any sanctions list, such as the sanctions list of the EU, the UN or OFAC.
How to create a Platform Account
3.1. To create a Platform Account, you will need to access the mobile application and fill in your personal details and contact information, as well as provide your ID and proof of identity. Your personal information will be verified and your Platform Account will be created automatically.
3.2. When applying for your Platform Account, you promise and warrant to us that:
- you will utilize the Platform Account for your personal use and for legal purposes only;
- any information and documentation provided by you are authentic, up-to-date, true and correct;
- you will comply with the provisions of the Agreement; and
- you will respect our and our third parties’ intellectual property rights relating to the products and services offered to you under the Agreement.
3.3. Please note that you need to inform our Customer Support without undue delay of any change of residential address or any other information relevant to your use of the Platform.
Customer support and complaints
4.1. wCARD will provide customer support services relating to the Platform as well as the Account (“Customer Support”) and you are welcome to contact Customer Support if you have any questions about the Platform or your Account. Customer support is accessible via email on firstname.lastname@example.org. Customer Support is available in the English language.
4.2. You acknowledge and understand that Customer Support constitutes a first support line, and that Customer Support may need to contact Intergiro or any other partners of wCARD engaged for the supply of the Platform for second line support as necessary.
4.3. On https://www.vvtat.lt/en you can read more about your consumer rights.
4.4. For any complaints or claims you may have regarding faults or deficiencies in products or services that you have purchased through your Account, please contact the seller of the product or the service provider (i.e. the point of sales) directly. The seller or service provider is liable for such faults or deficiencies in accordance with laws applicable to the purchase, and neither wCARD nor Intergiro assumes any liability regarding such faults or deficiencies.
Your personal data
5.1. wCARD collects and processes personal data about you for the purpose of providing the Platform and the Platform Account to you. wCARD is the data controller for the personal data processed under the Agreement for the purpose of providing the Platform Account.
5.2. Further, wCARD is the data controller for Customer Support and is responsible for your personal data processed for the purpose of Customer Support. In addition, Intergiro will collect and process personal data about you in order to provide your Account. wCARD will, acting as Intergiro’s data processor, process certain personal data collected by Intergiro.
5.3. It is wCARD’s duty to keep the personal data that we process about you safe and secure. We will not disclose information relating to your Platform Account to third parties outside the circle of trusted suppliers we work with to provide the Platform, other than as required by the laws of Lithuania or applicable EU legislation.
Fees and charges
6.1. The Landing Page of the Platform will be provided free of charge. Please note however that with your use of the Platform Account of the individual club, you will be charged for fees and charges in accordance with the pricing information available at the Platform Account of the individual club from time to time.
Platform Account security
7.1. Unauthorized Use. If you become aware of or suspect that someone has unauthorizedly used your Platform Account, you must contact Customer Support as soon as you are able, otherwise you will be liable for any such unauthorized actions or measures in your Platform Account. If you are notified about any suspicious actions or measures in your Platform Account, you need to inform Customer Support as soon as possible from such notification that an action or measure was unauthorized.
7.2. Your responsibility. You are responsible for keeping your Platform Account safe. Whilst measures are undertaken to protect your Platform Account, please note that you are responsible for ensuring that:
- your Platform Account and your credentials, ordinary and one-time passwords, means of communication used with wCARD for authentication purposes (“account credentials”) are kept safe and secure and that you do not keep account credentials or security details together with a device used to access the Platform;
- you do not let any third party access or use the Platform Account;
- you immediately contact the Customer Support if you suspect or experience that your Platform Account (or any information thereof) is accessed or otherwise used by an unauthorized third party or if you suspect that any account credentials are at a risk of or are being used or otherwise possessed by an unauthorized third party;
- you ensure that all information (including but not limited to your contact details and address) relating to the Platform Account is up-to-date and that you inform Customer Support without undue delay of any change; and
- you always follow the rules and recommendations regarding security of your Platform Account.
Changing the Agreement, closing your Platform Account
8.2. You can terminate the Agreement free of charge and close the Platform Account at any time without notice. Please contact Customer Support if you wish to terminate your Platform Account.
8.3. wCARD can terminate the Agreement with you and close the Platform Account with two (2) months’ prior notice for any reason.
8.4. In addition, we may (i) suspend your Platform Account (or any part thereof), or (ii) terminate the Agreement and your Platform Account (or any part thereof) with immediate effect if you, in our opinion, materially breach the Agreement, any applicable laws or if wCARD is required to do so under any law, regulation, court order, or request of an authority.
8.5. In certain circumstances, wCARD is prevented from closing the Platform Account due to ongoing investigations concerning the Platform Account. In such cases, we may freeze the Platform Account to complete the investigation.
8.6. You will be notified prior to your Platform Account being closed.
Additional legal terms
9.1. Account functionality. With respect to the functionalities of the Account, including collections, payouts, cards, top-ups and transactions, reference is made to the Intergiro Terms and Conditions. You acknowledge, understand and accept that wCARD will in no event, except for the provision of Customer Support, assume any liability for the functionality of the Account, including but not limited to any of the functionalities referred to in the foregoing.
9.2. Changes to Platform. wCARD may need to make changes, updates and upgrades to the Platform as it sees fit from time to time. In such a case you will be notified in advance.
9.3. Inactivity. If your Platform Account is inactive, meaning that no log-in has occurred for a period longer than six (6) months, wCARD has the right to terminate the Agreement with you and close your Platform Account.
9.4. Intellectual property rights. Upon entering into the Agreement, wCARD grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the Platform. All the intellectual property in the Platform are owned by us or our licensors (such as our logo and designs, the content on the Platform, all software and source code, trademarks, know-how, and data related to the Platform). You do not have any right to use our or our licensors’ names, trademarks, logos or other intellectual property. You must not copy, reproduce, modify, reverse engineer or disassemble any of our products, services or any intellectual property rights.
9.6. wCARD’s liability. The Platform is provided “as is” and we cannot guarantee that the Platform will be free from faults or interruptions. This is partly due to the fact that we rely on some third parties to provide the Platform.
9.7. wCARD is not liable for any services provided by Intergiro to you, and we do not undertake any responsibility in relation thereto.
9.8. Exclusions of liability. In addition to the above and to the extent such limitation is permitted by law, wCARD will not be responsible:
- for any indirect, punitive or consequential damages or losses including but not limited to loss of profit, loss of data, loss of business, loss of goodwill and loss of reputation;
- for any damages, losses or costs in connection with or due to compliance with applicable laws, regulations, orders and decisions of courts or authorities or other regulatory requirements of payment systems, card payment systems or any other payment, clearing or settlement system;
- for any damages, losses or costs in connection with or due to any delays, interruptions, faults or inaccuracies relating to the Platform;
- for any damages, losses or costs caused by a virus, malware, phishing or other technological attacks or harmful material that may infect your IT equipment and infrastructure being used for the Platform;
- for any damages, losses or costs that arise in connection with or due to unauthorized transactions;
- for any damages, losses or costs arising in connection with or due to Intergiro’s decision (i) not to onboard you and open an Account for you), (ii) close your Account, or (iii) reject a transaction; or
- for any fraudulent act conducted by any third party contacting you posing to be representing for example us or Intergiro, a well-known company or an acquaintance of a natural person related to you asking you to disclose your customer details such as password, logins etc. Neither we nor Intergiro request that kind of information or undertake any such action.
9.9. Force Majeure. We shall not be liable for any breach or delay in the performance of our obligations under the Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic, or any cause beyond our reasonable control (“force majeure event”). Should a force majeure event occur, you will be notified thereof and [OurName] will be excused from performance of the obligations being affected for as long as such force majeure event prevails.
9.10. Severability. If any of the provisions of the Agreement is deemed invalid, unlawful or unenforceable, the remaining provisions of the Agreement shall continue to be valid and binding on you and us.
9.11. Assignment. You may not assign your rights or obligations under the Agreement to a third party and you are the sole party to the Agreement with us. You are liable until the Platform Account is terminated. wCARD may assign its rights or obligations under the Agreement to a group company or to any third party without your prior consent.
9.12. No waiver. wCARD has the right to exercise any right or remedy it has under the Agreement at any time, even if such exercise is delayed, or we previously failed to exercise any right or remedy it is entitled to.
9.13. Lithuanian law applies. The Agreement shall be governed by Lithuanian law without regard to conflict of law principles.
9.14. Dispute resolution. If you are dissatisfied with the Platform or your Platform Account, please contact Customer Support. If you wish to present a formal complaint, it should be in writing and include the relevant circumstances of the complaint. In case of a dispute between you and wCARD, you may file a complaint with the The State Consumer Rights Protection Authority (SCRPA) in Lithuania, which provides alternative dispute resolution procedure (out-of-court, ADR) and the Electronic Dispute Resolution Platform (EGS). For more information please refer to the website https://www.vvtat.lt/en. A complaint to the National Board of Consumer Disputes must be submitted in writing. Please note that certain limitations in time and value apply. wCARD undertakes to participate in the National Board of Consumer Disputes’ processing of the dispute. More information on your consumer rights is available at https://www.vvtat.lt/en.
9.15. You also have the right to use the European Union’s online dispute resolution platform available at https://ec.europa.eu/consumers/odr/main/?event=main.trader.register.
9.16. If legal actions are brought against you by wCARD, the courts of Vilnius shall have jurisdiction to settle any dispute. wCARD does, however, have the right to bring legal action against you with a court in another country if you are resident in or hold assets in such a country.
9.17. Distance Contracts Act. In accordance with Article 37 of the Republic of Lithuania Law on Consumer Protection (The consumer’s right of withdrawal or termination of a contract of financial services concluded by means of communication) you, as a consumer, have the right to withdraw from the Agreement entered into with us as it has been entered into by means of communication (“withdrawal right”). If you wish to exercise such withdrawal rights, you must contact Customer Support within 14 days from the date of entering into the Agreement or from the date you were fully aware of the exact information contained within the Agreement. If you exercise your withdrawal right, wCARD has a right to compensation for services provided during the time you have used them and for costs incurred up until the time the withdrawal right was exercised.