• Introduction
• Trustsend Ltd (hereinafter referred to as the “Company” or the “Institution”, or “we” or “us”) is an Limited Company that operates the Trustsend platform. Trustsend Ltd is incorporated in the Republic of Cyprus (Registration number: HE 456451) through the Department of
Registrar of Companies and Official Receiver.
• The Company’s main office and registered address is at Agias Philaxeos 131, office 301, 3083 Limassol, Cyprus.
• These Terms and Conditions constitute a legally binding agreement between you and the Company regarding the utilization of your account and/or any associated services. Upon registering for your account, you acknowledge, accept, and commit to adhering to these terms and conditions, the cookie policy, the privacy policy, the fee and limit schedule, the copyright statement, and any subsequent modifications notified to you. Additionally, you agree to comply with any other documents necessary for the provision of the account, collectively referred to as the "Agreement."
• The Terms and Conditions (referred to as the "Terms") are subject to occasional updates. Any modifications will be announced on www.trustsend.io. If such changes occur, you have the option to notify us if you desire to withdraw the funds from your account due to the proposed alterations. There will be no fee charged for the withdrawal if you choose not to accept the revised Terms.
• Failure to respond to the notice of proposed changes, or to act in accordance with the revised Terms, will be interpreted by us as acceptance of the new Terms on your part. However, we will notify you that we have considered your lack of action as acceptance. The most recent version of these Terms and associated documents can be found at: www.trustsend.io.
• Please ensure that you thoroughly comprehend the Agreement's contents. Should you disagree with any portion of the Agreement, it is imperative that you promptly notify us. In such a case, you are not permitted to utilize the services we provide, nor proceed with the application and registration process. An account will only be issued to individuals who are eighteen years of age or older, reside in a jurisdiction where the Institution is authorized to offer its services, and possess an active mobile telephone number. Our aim is to assist you in utilizing Trustsend in the safest manner possible; therefore, this document contains guidance and regulations for using Trustsend and its associated services.
• The headings and sub-headings provided below serve as reference points and do not restrict the scope of each section. Throughout this document, unless the context dictates otherwise:
• The singular encompasses the plural, and vice versa;
• "including" is to be understood as "including without limitation."
• references to any statutory, agreement, term, condition, or other provision encompass any modifications or amendments thereof.
• Glossary
In the Terms, the following expressions shall have the following meanings:
• Account: An account containing one or more currency subaccounts (balances), which in turn,
incorporates an e-Wallet number. In this document when we refer to an account it should be read as
relating to a currency account, all currency accounts and/or the e-Wallet.
• Account holder: An individual or legal entity (both refer to as User or Customer) that has entered into
the Agreement with us in relation to the use of the account and that has been granted a limited license
to use a Trustsend account.
• Account password: The password that the account holder creates in the course of registration. This may
be changed via the website. The account password is required to access the account.
• Agreement: This has the meaning set out in the preamble to these Terms and Conditions.
• Account balance: The amount of electronic money in the currency account.
• E-Wallet: An electronic wallet is a system that securely stores users' payment information and
passwords for numerous payment methods and websites. It is a type of electronic card, which is used for
transactions made online through a computer or smartphone or tablet pc.
• Charges: The charges and fees applicable to your account. These are set out in the User Agreement.
• Currency account: A prepaid account in the Euro or US Dollar or GBP (Great Britain Pound) currency and associated number which may be linked to an e-Wallet issued to you pursuant to this
Agreement.
• Customer Number: A number that appears on the profile of the e-Wallet. This number is used as a
reference by Customer Support whilst they assist customers with queries.
• Customer Support: An e-mail service provided by Trustsend’s Customer Support team. This e-mail service
addresses queries and requests from account holders in relation to the activation and use of their
account.
• Know Your Customer (“KYC”): The procedure that we must undertake to identify our customers. This
includes the verification of certain information provided to us. This may include electronic checks
against databases (such as the telephone directory and electoral roll) to verify the information that you provided. It may also include engaging third party service providers to examine identification documents
that you provide.
• Merchant: means any commercial or business entity that (i) accepts cards displaying the VISA®
acceptance symbol as payment (where a Transaction using a Card is concerned) or (ii) is validly
registered with Trustsend Ltd, to accept Transactions from your Trustsend Account.
• Mobile application: The Trustsend mobile application which may be available from your application store.
• Personal Data: means any and all data that relates to an identifiable person who can be directly or
indirectly identified as defined by the General Data Protection Regulation (Regulation 2016/679) and
the Processing of Personal Data (Protection of the Individual) Law of 2001, its amendment (Law No.
37(I)/2003) and the Processing of Person Data (Protection of Individual) (Amending) Law of 2012 (Law
No. 105(I)/2012) and the Regulation of Electronic Communications (hereinafter “the Law”).
• Service: An e-Wallet including other or related and ancillary services.
• Stored Card: means the credit card, debit card, or other payment card, which you register for use on the
Trustsend platform and which will be used by Trustsend to receive funds against which we will issue electronic
money to your Trustsend Account or for other purposes under these Terms and Conditions.
• Terms and Conditions: These Terms and Conditions (the “Terms”), attachments, associated documents
and those Terms and Conditions set out in any product leaflet, website, mobile application or other
documentation whether or not they are in electronic form.
• Top up, topping up or topped up: The transfer of funds to a currency account in order to increase the
balance of that account.
• Transaction: Any account activity conducted on your account that alters the balance of the Trustsend
account.
• We, us, our or ourselves (or any other variations thereof): Trustsend Ltd and/or any other person
or entity to whom Trustsend Ltd may transfer or assign rights and/or obligations now or in the future.
• Website: www.trustsend.io and associated websites.
• You: An Account holder entering into this agreement for the purposes of becoming the holder of a
license in relation to an account. In relation to the legal entity as an Account holder, you shall refer to an
individual acting in the name of this legal entity.
3. Your e-Wallet
3.1. Before the agreement is considered finalized and an account is opened for you, you must read and agree to the Terms.
3.2. By agreeing to the Terms, you affirm that you are at least eighteen years old and possess the legal capacity to enter into binding agreements as per the laws applicable in your country.
3.3. Acceptance of these Terms also implies acknowledgment of the Agreement and confirmation of the accuracy and truthfulness of all information provided to us in connection with the agreement.
3.4. Your account is issued by us in our capacity as an authorized. Upon the execution of a valid agreement, you will be granted a limited license to utilize the account. The account shall remain the property of Trustsend at all times and is non-transferable.
3.5. Once your account is registered, you may add funds in accordance with the regulations outlined in the agreement and the applicable limits specified in the User Agreement.
3.6. We reserve the right, at our discretion, to decline the issuance of an account and/or an e-Wallet if we have reasonable grounds to believe that doing so would result in a breach of the agreement or would not promote orderly and compliant business conduct.
3.7. You have the option to request a currency account denominated in Euro, US Dollars, and GBP (Great Britain Pound). You are permitted to have a maximum of four currency accounts: one each in Euro (€), US Dollars ($), GBP (£). It is not permissible to maintain three currency accounts denominated in the same currency.
3.8. Your account and any associated e-Wallet are provided solely for your use and should not be utilized by any other individual. Should we determine that your account(s) are being accessed by anyone other than yourself, we reserve the right to suspend, deactivate, and/or close them. Your account must only be utilized in accordance with the Terms. Third parties are prohibited from registering, acquiring, or operating an account on your behalf. Furthermore, you may not add funds to your account using a card not registered in your name.
3.9. Trustsend operates as a non-banking entity and does not function as a trustee, fiduciary, or escrow holder with regard to your account balance or the funds therein. You acknowledge and accept that Trustsend accounts are not insured, and neither you nor Trustsend, the Institution, or its representatives are obligated to pay any interest on your account balance.
3.10. In the rare event of the Company facing insolvency, there exists a possibility of losing the balance held in your account. However, we have taken all necessary measures, complying with relevant legislation, to safeguard your account balance or its equivalent value against claims from other creditors of the Institution. Specifically, we have arranged for an amount equivalent to your account balance to be segregated and held in trust with a third-party bank.
3.11. It is your responsibility to ensure that your account balance is adequate to cover the value of any transaction, including value-added tax (VAT) and any other applicable taxes or charges. Each time you initiate a debit or chargeable transaction, the corresponding amount, along with any applicable fees or charges (including VAT and other taxes or charges), will be deducted from your account balance.
3.12. Regularly monitoring your account balance is your responsibility. You can review your account balance on the website, through the mobile application, or by contacting Customer Support.
3.13. You are prohibited from using your account if the proposed transaction value exceeds your account balance, or if your account is expired, terminated, or suspended. Should a transaction be processed for an amount exceeding your account balance, you must repay the excess amount within 14 days of notification. We reserve the right to take necessary actions, including legal measures, to recover outstanding funds.
3.14. Some online merchants may delay deducting payment from your account balance until goods are dispatched. Ensure sufficient funds are available to cover potential pending or future transactions when reviewing your account balance.
3.15. When you make a payment using your account, the transaction amount (including VAT and other applicable taxes or charges) is typically deducted from your account balance immediately. By accepting the Terms, you acknowledge that we are not obligated to process transactions or debit your account in any specific order.
3.16. You are accountable for all transactions authorized on your account.
3.17. Any errors in your account balance made by us will be rectified.
3.18. We bear no liability for any losses incurred due to insufficient funds to complete a transaction, including VAT and other applicable taxes or charges.
3.19. The Terms (as amended) can be accessed online at any time while this agreement remains in effect.
3.20. Your account must not be used for fraudulent transactions or the purchase of illegal goods and/or services. Ensure that online transactions comply with domestic or local laws and regulations.
3.21. The use of the e-Wallet is strictly prohibited for illegal purposes, including but not limited to activities violating laws, statutes, or regulations concerning money laundering, fraud, terrorism financing, unlawful gambling, criminal activities, financial services, privacy, data protection, consumer protection, or any alternative payment method and/or card scheme rules. Additionally, refrain from using the e-Wallet in a manner that could be construed as abusive or circumventing relationships and applicable usage restrictions with merchants or banks.
4. Our Obligations and Applicable Limits
4.1. Should you suspect that someone else has gained access to your account password, please notify Customer Support promptly. Failure to do so may result in your responsibility for any ensuing losses.
4.2. We are firmly dedicated to fulfilling our obligations in combatting money laundering and terrorism financing. We adhere to a stringent 'Know Your Customer (KYC)' policy and apply supplementary validation checks as necessary. These policies and checks are influenced by pertinent anti-money laundering and counter-terrorist financing regulations, thus they may evolve over time and differ based on account types and activities. Certain activities and monetary thresholds may only be permitted upon successful completion of KYC checks, which entail providing relevant identification documents. We also undertake measures to authenticate the information you furnish, including cross-referencing it with commercially available resources and service providers. Detailed information regarding limitations and required documentation will be provided to you. Additionally, we may periodically request confirmation of provided information, or request supplementary or alternative details. Furthermore, documentary evidence may be required to validate the information provided.
4.3. Upon accepting the Terms, you may increase the balance on your Account, commonly referred to as 'Top Up'. The extent and frequency of these increments are subject to limits, which vary depending on your account type/level and e-Wallet.
4.4. In accordance with laws and regulations pertaining to money laundering, terrorism financing, international tax reporting, and scheme rules, we have established specific thresholds and limits for certain activities. Some of these limits may be adjusted upon provision of additional documentation and/or information. These thresholds and limits apply to funds that can be added to an account, spent, or withdrawn, and are delineated by daily, weekly, monthly, and annual constraints.
4.5. These thresholds are subject to modification and may be reviewed within the User Agreement.
4.6. We retain the prerogative to request your personal data, such as evidence of identity, address, source of funds, or wealth, at any juncture. Failure to provide requisite information may result in the suspension and/or termination of your account. Your personal data will never be divulged to third parties unless legally mandated, after informing you and obtaining your explicit consent, or when necessitated for the provision of our services under our Agreement.
4.7. Your account balance may be augmented through various means, including debit or credit card transactions, bank transfers, receipt of funds from other Trustsend users, or via other e-Wallets, subject to availability.
4.8. In cases where funds received are in a different currency from your Trustsend account, the European Central Bank (ECB) currency conversion rate will be applied, along with any associated charges as stipulated in the User Agreement. The resultant amount will be credited to your Trustsend account.
4.9. Transactions conducted in currencies other than your account's denomination may result in refunds differing from the initial transaction amount due to fluctuating exchange rates. Transaction fees may also apply. It's advisable to consider your account restrictions and assess the necessity of obtaining a card with higher limits for transactions.
4.10. Any transaction conducted in a currency other than your account's denomination will be converted at an exchange rate specified in the transaction history.
4.11. Our Right to Set-off:
4.11.1. In the event that we are entitled to compensation from you (including, but not limited to, any technical errors on our part or on behalf of our third-party providers), we reserve the right to recover any sums owed by retaining part or all of any funds you have deposited with us under any Trustsend Transaction or otherwise. You do not have a similar right of set-off. This includes situations where one of the currency balances in your Trustsend Account indicates an owed amount to us or has a negative balance, in which case Trustsend may offset the amount owed by utilizing funds you hold in that currency or a different currency balance, by deducting owed amounts from incoming funds to your Trustsend Account, or from funds you attempt to withdraw or transfer from your Trustsend Account, or from a different Trustsend Account under your control, and by deducting funds from any attempted withdrawals.
4.11.2. If we are unable to exercise our right of set-off pursuant to Paragraph 4.11.1 above for any reason, we may initiate a payment transaction for the compensation owed by you from one of your Stored Cards.
4.11.3. If the amount owed to us is in a currency different from the electronic money you hold with us, we will convert the amount held with us into the currency of the owed amount.
5. Transactions
5.1. Transactions conducted from an Account are considered authorized when you validate the transaction by adhering to the instructions provided by the merchant and/or by submitting a relevant instruction through the Company's system.
5.2. Once you have authorized a transaction, you are unable to cancel or revoke it.
5.3. Statements detailing transactions and associated charges can be accessed and printed from both the website and the application for your records.
5.4. When utilizing your account to procure goods and/or services, the transaction is subject to the terms and conditions stipulated by the retailer of said goods and/or services, as well as by any payment service provider or processor involved. Additional fees may be applicable for such transactions. We do not provide any warranties, representations, conditions, or guarantees regarding the goods and/or services offered by retailers or the transactions themselves. It is important to thoroughly review the Terms and Conditions of any retailer, payment service provider, or processor prior to engaging in any purchases, transactions, or contractual agreements, including any terms that may impact your eligibility to do so outlined within the Terms or elsewhere.
6. Applicable Fees and Charges
6.1. The account is subject to various fees and charges, which are outlined in detail within the User Agreement.
6.2. We will levy fees based on the activity (or lack thereof) on your account. You are personally accountable for settling all fees and charges owed to us. These fees, along with any other outstanding amounts, will be deducted directly from your account. By accepting the Terms, you explicitly authorize us to perform such deductions.
6.3. Fees may undergo adjustments, revisions, or the introduction of new charges periodically.
6.4. In the event that your account lacks sufficient funds to cover fees, charges, or other dues owed to us, you must arrange for payment via alternative means within three days of our notification. All bank transfers and settlement charges described in this section are solely your responsibility. Failure to settle fees by the due dates grants us the right to pursue remedies, including but not limited to, charging interest at the maximum rate permissible by applicable law.
6.5. Changes to reference interest rates or exchange rates will take immediate effect without prior notice. The complete details of any such charges will be provided to you on the payment page of the program interface before you confirm a particular transaction. We bear no responsibility for charges or fees imposed by third parties, and therefore, we assume no liability in this regard. We advise you to acquaint yourself with any such charges or fees and decide whether to proceed with the transaction accordingly.
6.6. Redemption at par value is feasible at any time, without any minimum threshold requirement. However, a proportionate fee based on costs may be applied.
7. Stolen/Breached accounts
7.1. Any individual who correctly enters the account username and password, completes the authorization process, and/or provides accurate responses to security questions will gain access to your account. Transactions initiated by such individuals will be considered the actions of the authorized account holder, and we disclaim responsibility for any resulting loss or damage.
7.2. Your account should be safeguarded as if it were a physical cash wallet. If the wallet is lost, stolen, or compromised, there is a risk of losing some or all of the value associated with it, akin to misplacing a wallet containing cash.
7.3. You may be required to provide specific information, including personal data, to Customer Support to verify your status as the authorized account holder. Additionally, you may be asked to assist us, our representatives, or law enforcement agencies in the event of account theft, compromise, suspicion of fraud, or misuse. Similar procedures apply if you wish to dispute a transaction.
7.4. In the event of suspicion or concern regarding the compromise of your account or any of its components, it is imperative to promptly change your password. Additionally, you must notify our support team immediately of any such suspicions or concerns.
8. Account closing
8.1. Should the User's e-wallet account hold funds totaling less than €10 (or its currency equivalent), the Company retains the right to close the account, duly informing the User, and levy a relevant fee as outlined in the User Agreement.
8.2. In the event of account dormancy lasting (365) three hundred sixty-five days, an inactivity fee will be deducted from your account balance. The specific charge is detailed in the User Agreement and is designed to cover the expenses associated with maintaining the account.
8.3. Termination of your account, for any reason, results in the immediate cessation of any associated e-Wallet(s).
8.4. Upon termination of this agreement, all provisions concerning indemnification, warranties, liability and its limitations, confidentiality, protection of proprietary rights and trade secrets, and any provisions essential to their purpose, shall remain in effect until no longer necessary to fulfill their purpose.
8.5. After the termination of this agreement, for any reason, any personal data provided by you for the provision of our services under this agreement will be retained in our database for a period of up to five (5) years. Further details regarding the collection, usage, processing, storage duration, and location of your personal data are available in our Privacy Policy.
9. Disputed Transactions, Non-Execution or Defective Execution
9.1. Should you seek to contest a transaction (excluding instances where you suspect compromise of your account or any part thereof), we advise initiating contact with the merchant first, as this may expedite resolution.
9.2. If communication with the merchant fails to resolve the issue, it is imperative to promptly reach out to Customer Support, ideally within thirteen months from the date of the disputed transaction.
9.3. For our investigation into a disputed transaction, we may require additional information and a signed statement from you concerning the matter within ten days of our request.
9.4. We retain the right to take necessary action against any party suspected of making a fraudulent claim regarding an unauthorized transaction, regardless of whether a refund has been received.
9.5. In cases where fraudulent or negligent behavior on your part is suspected, immediate refund issuance will be withheld.
9.6. If our investigation determines that a disputed transaction was indeed authorized and an erroneous refund was issued initially, we reserve the right to deduct the disputed transaction amount from your account balance or seek repayment. We reserve the option to pursue all legal avenues to recover such funds.
9.7. We bear no liability for your failure to execute or for any defective execution of a transaction. Upon request, we will make reasonable efforts to retrieve the funds involved in such transactions and inform you of the outcome of our endeavors.
10. Security
10.1. It is imperative that you undertake all reasonable measures to safeguard your account and account password from loss, theft, compromise, or unauthorized access by any other individual. If provided with a user identification code, password, or any other security-related information, you must maintain confidentiality and refrain from disclosing it to any third party. We will never solicit such information from you, and you must not divulge it to anyone. We retain the right to deactivate any user identification code or password, whether selected by you or assigned by us, if, in our reasonable judgment, you fail to adhere to the stipulations outlined in these terms and conditions.
10.2. Under no circumstances should you permit anyone else to utilize your account, account password, or e-Wallet. Immediate notification to Customer Support is necessary if your account is lost, stolen, or compromised, or if you suspect unauthorized usage.
10.3. Your account and any associated e-Wallet remain the property of the Company.
10.4. Any changes to your personal or contact information, including mobile telephone number, postal address, and/or email address, must be promptly communicated to Customer Support. Certain details can be updated on the www.trustsend.io website and the application. For security and compliance reasons, residential address updates cannot be made via the website. Documentary evidence may be required to support such changes, and failure to provide accurate information may result in the termination of your account.
10.5. If Customer Support identifies a potential security threat to your account, or suspects fraudulent activity, they reserve the right to suspend, restrict, or cancel the account and/or refuse to issue a replacement account, if deemed reasonably necessary. Reasonable efforts will be made to notify you before such action is taken, and you may request the suspension to be lifted by contacting Customer Support.
10.6. While there is no obligation on Customer Support to prevent or detect fraud, we employ all available measures to protect your personal data when providing services under this agreement.
10.7. We cannot guarantee uninterrupted access to your account, and we disclaim any liability for loss or injury arising from such circumstances.
10.8. Please be aware that certain devices (such as computers, tablets, etc.) and internet browsers have the capability to store or save information related to your activities, often referred to as "cookies." We recommend reviewing our website's Privacy Policy for detailed information on the use of cookies.
11. Our Liability
11.1. Except as stipulated in the provisions regarding disputed transactions (Section 9), we shall not be held liable for any direct or indirect loss or damage (except where prohibited by law) resulting from your use of, or inability to use, your account and/or the usage information provided therein, or any loss or damage incurred due to a third party's utilization of your account. We do not assume responsibility for errors made by merchants. We are not obligated to intervene in disputes between the account holder and a merchant or bank, and such disputes do not exempt the account holder from compliance with regulations governing account usage and the Terms.
11.2. We shall not be liable for any loss or damage arising from circumstances beyond our reasonable control, unclear instructions from you, unsuccessful transaction completions, provision of incorrect information by you, or any action taken by us as required by governmental laws, regulations, or court orders. Under no circumstances shall we be liable for any direct or indirect damages.
11.3. By entering into the Agreement, you acknowledge and agree that we bear no liability, either directly or indirectly, for decisions, actions, or omissions of network or telecommunications providers, card schemes, card processors, acquiring banks, alternative payment method providers, or regulatory authorities. This includes situations where funds held with such entities become unavailable due to government actions, bankruptcy, insolvency, or other reasons unless such actions directly result from our breach of the agreement.
11.4. We cannot guarantee merchant acceptance of your account or authorization of any specific transaction. We shall not be liable for any direct or indirect loss or damage resulting from the cancellation or suspension of your account in accordance with the Terms. Our liability is not incurred if we are unable to fulfill our obligations under the Agreement due to factors outside our control, such as machine failure, data processing issues, legislative changes, or industrial disputes.
11.5. Notwithstanding the above, we shall not be liable for any indirect, special, incidental, or consequential damages of any nature.
11.6. Our liability to you under this agreement, collectively and for the duration of the agreement, shall not exceed the total fees paid by you to us in the three-month period preceding the liability arising.
11.7. The exclusions and limitations outlined above shall also apply to any liability of our suppliers, contractors, agents, or distributors, and their respective affiliates, arising from the Terms. Nothing herein shall restrict our liability to you for death or personal injury resulting from our negligence, fraudulent misrepresentation, or in cases where limitations or exclusions of liability are prohibited by law.
12. Restricted Activities
12.1. In relation to your use of our website, your Account, or the Services, or in any interactions with Trustsend, you agree not to:
i. Violate the Agreement, including but not limited to, creating multiple Trustsend accounts or breaching any other agreement with Trustsend (including its policies);
ii. Contravene any law, statute, contract, or regulation, including those governing financial services such as anti-money laundering measures, consumer protections, unfair competition, anti-discrimination, and false advertising;
iii. Infringe upon Trustsend 's or any third party's intellectual property rights, including copyright, patent, trademark, trade secret, or rights of publicity or privacy;
iv. Engage in behavior that is obscene, defamatory, libelous, unlawfully threatening, or unlawfully harassing;
v. Provide false, inaccurate, or misleading information;
vi. Fail to furnish further information about yourself or your business activities upon reasonable request from us;
vii. Transmit or receive funds that we reasonably suspect to be potentially fraudulent or unauthorized;
viii. Refuse to cooperate in an investigation or verify your identity or provided information;
ix. Attempt to receive funds from both Trustsend and another party for the same transaction during a dispute;
x. Utilize an anonymous proxy;
xi. Control an Account linked to another account involved in any of these Restricted Activities;
xii. Conduct business or use the Services in a manner that may result in complaints, disputes, reversals, chargebacks, fines, penalties, or other liabilities to Trustsend, a User, a third party, or yourself;
xiii. Cause Trustsend to receive an unusually high number of claims favoring the claimant regarding your account or business;
xiv. Possess a credit score indicating a high risk level associated with your use of the Services;
xv. Exploit your Account or the Services in a manner deemed abusive of the bank's reversal process, credit card system, or in violation of credit card association rules, as reasonably determined by Trustsend 's financial partners;
xvi. Allow your Account to maintain a balance reflecting amounts owed to us;
xvii. Engage in activities posing a credit or fraud risk, or a sudden increase in exposure, as reasonably determined by Trustsend based on available information;
xviii. Disclose or distribute another User's information to a third party, or use such information for marketing purposes without the User's explicit consent;
xix. Send unsolicited emails or use the Services to collect payments for sending or assisting in sending unsolicited emails to third parties;
xx. Take actions that unreasonably or disproportionately burden our infrastructure.
xxi. Introduce any viruses, trojan horses, worms, or other computer programming routines that may harm, disrupt, intercept, or unlawfully acquire any system, data, or Information;
xxii. Employ any robot, spider, or other automated or manual means to monitor or replicate our website without prior written consent;
xxiii. Circumvent our robot exclusion headers or attempt to interfere with our website or Services through any device, software, or routine;
xxiv. Reproduce, alter, communicate to third parties, modify, create derivative works from, publicly display, or frame any content from Trustsend's website(s) without our or any applicable third party's written consent;
xxv. Take actions that may result in the loss of services from our internet service providers, payment processors, or other suppliers;
xxvi. Use the Service to test credit/debit card behaviors;
xxvii. Share your Account password(s) with any other individual, or use another person's password. We disclaim responsibility for any losses incurred by you, including unauthorized use of your Account by individuals other than yourself due to password misuse;
xxviii. Engage in any act or omission that may disrupt the proper functioning of the Service or its associated activities, or that contradicts the terms of the Agreement;
xxix. Utilize the Account and/or your e-Wallet for purposes other than those initially reported to the Company;
xxx. Pose a risk of non-compliance with the Company's (or its licensors') anti-money laundering, counter-terrorist financing, and similar regulatory obligations, including failure to verify your identity or adhere to transaction limit policies, which may expose the Company to regulatory fines by European, US, or other authorities;
xxxi. Integrate or employ any of the Services without fully adhering to all mandatory requirements communicated to you through integration guides or other documentation issued by the Company;
xxxii. Employ the Trustsend Services for illicit activities, such as fraud, money laundering, illegal gambling, or the purchase or sale of prohibited products;
xxxiii. Misuse the Trustsend Services to evade or exploit merchant usage restrictions or to obtain goods or services without fulfilling payment obligations;
xxxiv. Establish multiple Trustsend Accounts without prior written consent from Trustsend;
xxxv. Utilize the Trustsend Services for speculative FX trading or FX arbitrage;
xxxvi. Disclose your Mobile PIN or Card PIN to unauthorized individuals or use another person's Mobile App or Trustsend Card;
xxxvii. Instruct us to send or receive funds that we reasonably suspect to be fraudulent on your behalf; or
xxxviii. Attempt to knowingly receive funds from both Trustsend and a merchant for the same Trustsend Transaction.
12.2. Please use your Trustsend Account, our Website, and Mobile App responsibly and reasonably. Specifically, refrain from the following (directly or indirectly):
• Engaging in illegal activities, such as fraud.
• Conducting activities that may harm our ability to provide services.
• Solely using your account to send and receive money from a credit card account.
• Making transactions for receiving cash, except for ATM withdrawals or POS transactions.
• Controlling or using a Trustsend Account that does not belong to you.
• Giving your Trustsend Cards to others.
• Allowing anyone else to access or use your Trustsend Account.
• Circumventing or exploiting any usage restrictions set by a service provider associated with your Trustsend Card.
Please be aware that you will be responsible for any losses resulting from unauthorized transactions if you have acted fraudulently or if you have failed, with intent or gross negligence, to (i) adhere to these Terms and Conditions when using your Card; (ii) promptly notify us upon becoming aware of any loss, theft, misappropriation, or unauthorized use of your Card.
12.3. Only use your Account for personal purposes and refrain from using it for trading or business purposes unless you obtain our prior written consent under certain circumstances determined by us.
12.4. It is strictly prohibited to send or receive payments for the sale or supply of:
• Tobacco products
• Prescription drugs
• Drugs and drug paraphernalia
• Weapons (including knives, guns, firearms, or ammunition)
• Satellite and cable TV descramblers
• Pornography, adult material, material inciting violence, hatred, racism, or deemed obscene
• Government IDs and licenses, including replicas, novelty items, and counterfeit products
• Unlicensed or illegal lotteries or gambling services
• Unregistered charity services
• Items facilitating illegal activities
• Third-party processing or payment aggregation products or services
• Multi-level marketing, pyramid schemes, or other schemes promising quick wealth
• Goods or services infringing the intellectual property rights of a third party
• Uncoded/miscoded gaming
• Timeshares or property reservation payments (On and Off Plan)
12.5. We reserve the right, at our discretion, to add categories of prohibited transactions by including them in these Terms of Use or an acceptable use policy published on the website.
12.6. It is strictly forbidden to engage in transactions with persons or entities offering illegal gambling services, including illegal sports betting, casino games, and poker. We may suspend or terminate your E-money account or refuse to process transactions if we believe that you have directly or indirectly used your account for illegal gambling transactions. It is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.
12.7. If you reside in a country where our services are blocked, you are not permitted to use our services. We retain the right to suspend or terminate your E-money Account if we deem it necessary to comply with the law or adhere to recommendations issued by relevant government authorities or recognized bodies aiming to prevent financial crimes.
12.8. It is strictly prohibited to utilize your Trustsend Account for any unlawful activities, including but not limited to fraud, money laundering, or terrorist financing. Any suspicion of such activities will be promptly reported to the appropriate law enforcement agency. You are forbidden from using your Trustsend Account to exploit, abuse, or circumvent the usage restrictions imposed by merchants on their services.
12.9. Should you engage in or attempt any transactions that contravene the prohibitions outlined in this section 12 or lack the necessary approval, we reserve the right to:
• Reverse the transaction.
• Suspend or close your Account.
• Report the transaction to relevant law enforcement agencies.
• Seek damages from you.
• Impose an administration fee.
12.10. You are prohibited from:
• Colluding or abusing bonuses or promotions related to the Trustsend Service.
• Opening multiple Accounts under your name (unless approved in writing by us) or under fictitious names.
• Engaging in false or artificial activity or Transactions (commonly known as "churning").
12.11. You acknowledge that participating in the aforementioned Restricted Activities compromises the safe access and usage of your Account or the Service for yourself and other Trustsend users.
12.12. You agree that the listed actions are not exhaustive and pledge not to involve the Company in any fraudulent activities.
13. Legal Disclaimer
13.1. You recognize that utilizing the account entails inherent risks and is solely at your own discretion. The account is provided on an "as is" and "as available" basis. Within the extent permitted by applicable law, we explicitly disclaim all warranties, whether express, statutory, or implied, including but not limited to availability, merchantability, satisfactory quality, non-infringement, and fitness for a particular purpose. We do not warrant the goods or services acquired through the account or any transactions conducted with it. Furthermore, we make no assurances or representations regarding the accuracy or completeness of the respective website, service, and products. We cannot guarantee uninterrupted, timely, secure, or error-free operation of the respective website, account, and products, nor can we assure that defects in functionality will be rectified.
13.2. We reserve the right, at any time and for various reasons such as technical, security, maintenance, or administrative purposes, to temporarily suspend account usage without incurring any liability to you. To the extent permitted by law, we shall not be held liable for any loss or damage, whether direct or indirect, consequential loss, or inconvenience arising from any failure of a merchant to provide or enable account usage for you.
13.3. You acknowledge the electronic nature of the account and the service provided herein, along with the inherent risk that electronic communications may not reach their intended destination or may experience delays beyond our control. The provision of services is always subject to our agreements with acquiring banks, alternative payment method providers, card schemes, and other relevant payment entities. We do not assume responsibility for the service levels offered by these entities.
14. Intellectual Property
14.1. You acknowledge and consent that all materials, including information, content, graphics, text, sounds, images, buttons, trademarks, trade names, logos, and other assets found on the website and mobile application, or utilized in conjunction with the account, including intellectual property, are exclusively owned by us and are safeguarded by copyright and other intellectual property regulations.
14.2. You are provided with a limited license solely for your personal non-commercial use to reference, bookmark, or link to any page within the website and application, and to download the materials found on the website onto a single personal computer. You may also print a single hard copy of the materials for your personal reference, provided that all copyright, trademark, and other proprietary notices remain intact. Any other utilization of the materials on the website without our prior written consent is strictly prohibited and constitutes a violation of our proprietary rights.
14.3. Trustsend is identified as a trading name, trade dress, and/or service.
14.4. Other trademarks, graphics, icons, names, and logos featured or exhibited on or through the website and service, as well as the described or offered products or services, are trademarks, trade dress, and/or service marks of ours or are the property of their respective owners, who may or may not be associated with, linked to, or sponsored by us.
14.5. The Agreement does not grant you a license, either explicitly or implicitly, to use any of the aforementioned materials, in whole or in part, without the prior written permission of both us and the respective owner.
15. Your Liability to Us
15.1. By accepting the Terms, you acknowledge that you are personally accountable for the utilization of your account.
15.2. Within the extent permitted by law, you are accountable to us and consent to indemnify and safeguard us upon request from any and all actions, claims, costs, damages, demands, expenses, liabilities, losses, and proceedings we incur directly or indirectly or which are brought against us, arising from or in connection with your fraudulent conduct, negligence, misuse of your account, breach, or failure to adhere to the terms of the agreement. Additionally, you agree to cover any third-party claims resulting from or related to you, including the costs of legal action taken to enforce the Terms.
15.3. We are not obligated to acknowledge the interest or claim of any individual other than the account holder regarding the account balance, and we shall not be held liable for failing to acknowledge such interest or claim, except as mandated by law.
15.4. Any claims you may have against a third party cannot be used as a defense or counterclaim against us.
15.5. Legal Effectiveness: The laws of specific countries or jurisdictions may invalidate some or all of the above disclaimers, exclusions, or limitations, in which case only the lawful limitations in your country or jurisdiction will apply, and our liability will be restricted to the extent permitted by law.
15.6. Statute of Limitations: Claims arising from the Agreement must be filed within twelve (12) months after you became aware of them, or within the time frame specified by the relevant law, whichever is shorter, as permitted by applicable law.
15.7. Merchants and Third Parties: We disclaim any responsibility and liability for the actions or conduct of third parties, including but not limited to other account users and merchants. This includes disclaiming responsibility for the content or privacy practices of merchant sites, as well as the products and services offered by merchants, their marketing efforts, refund policies, compliance with laws, and other related aspects.
16. Data Protection
16.1. Any personal data utilized by us will be gathered, processed, and maintained in compliance with the EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights as outlined in the GDPR.
16.2. For comprehensive information regarding our practices concerning the collection, processing, storage, and retention of personal data, including the purposes for which it is utilized, the legal basis for its usage, specifics of your rights and procedures for their exercise, as well as any sharing of personal data (if applicable), please consult our Privacy Policy document, accessible here.
17. Changes to these Terms and Conditions
17.1. There may be occasions when it becomes necessary to amend the Terms, and in such instances, we will inform you of any alterations by sending an email to the primary email address associated with your Account and/or by posting a notice of the changes on our Website along with a link to the updated Terms. We will ensure that you receive a minimum of two (2) months' notice prior to the proposed changes taking effect. However, any changes that improve these Terms for you or do not impact your rights will become effective immediately if specified as such in the change notification. Changes to exchange rates will be implemented without prior notice (all transactions involving currency conversion are computed based on the average daily interbank market rate provided by a third-party foreign currency data provider, to which we add a Fee as outlined in the Fees Schedule).
17.2. Unless you communicate otherwise before the changes become effective, you will be considered to have accepted any modifications made to the Terms. If you disagree with the proposed changes, you have the option to promptly terminate and close your Account without incurring any charges before the scheduled effective date. Your notification expressing disagreement with the changes will be interpreted as a request to terminate your agreement with us, and your Account will be promptly closed upon receipt of your termination notice. Your Trustsend Account will be deactivated, and any funds remaining in your Account will be refunded to you through the method of your choice as communicated by you (subject to the standard applicable Fees).
18. Communication Between Us
18.1. Communication with You: We may send communications and notices to you via the email address or other contact methods you have provided to us. It is your responsibility to keep us informed of any changes to your contact information and to regularly check for communications. We cannot be held liable for any losses resulting from your failure to do so. Any communication or notice sent via email will be considered "in writing" and deemed received by you once dispatched by us. If communication is sent by mail, it will be deemed received upon entry into the postal system. While we reserve the right to provide communications in paper format, we are not obligated to do so.
18.2. Contacting Us: You can reach out to us at any time by contacting Customer Support using the contact details provided below or as displayed on the website.
18.3. For any inquiries, complaints about service standards, concerns about account operations, or if you need further assistance, please don't hesitate to contact Customer Support.
18.4. Customer Support contact details:
E-mail: help@trustsend.io
