1. Terms & Conditions

1.1  Please read these Terms & Conditions carefully, because they form the legal agreement between You and TRANSFER WESTINPAY in relation to access and use of TRANSFER WESTINPAY products and services.

1.2  The Terms & Conditions relating to any additional features, products and/or services, may require the acceptance of additional Terms & Conditions of use upon ordering or using such additional features, products, and/or services which will be communicated to You prior to Your use of those additional services.

1.3  If You wish to jump to a particular section of the Terms & Conditions, please select the appropriate link below.

2. Definitions.

In these Terms & Conditions, the following expressions have the following meanings:

2.1. Business Account: means an electronic money account opened with TRANSFER WESTINPAY, as agent of Financial House intended for commercial use, with or without an International Banking Account Number.

2.2. Content: means any and all copyrighted material trademarks, registered trademarks including but not limited to; text, images, audio, video, scripts, code, software, databases, HTML logos and any other form of information capable of being stored on a computer that appears on, or forms part of, the Website owned by WESTINPAY Limited. 

2.3. Customer Support team: means TRANSFER WESTINPAY’s customer service and management department. This department can be reached via live chat at www.westinpaytransfer.com or by filling out TRANSFER WESTINPAY contact us form at www.westinpaytransfer.com/contactus. If you hold a Business Account with us, please contact your account manager.

2.4. Company: means the Financial Conduct Authority of the United Kingdom; further information on the FCA can be obtained on the FCA’s website at www.fca.org.uk

2.5. Fees: means any and all fees and charges levied by WESTINPAY Limited. for the use of its products and services through TRANSFER WESTINPAY.

2.6. Registered Company information, Company Home: WESTINPAY LTD Business type (SIC) with company reference number 15083017, registered address 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ United Kingdom

64999 - Financial intermediary not classified elsewhere, The company carries out legal activities within the scope of its activity.

2.7. Financial Ombudsman: means the official body in the United Kingdom that settles escalated customer complaint claims. Further information can be found at www.financial- ombudsman.org.uk.

2.8. TRANSFER WESTINPAY: means the TRANSFER WESTINPAY brand and anything belonging to or associated with westinpaytransfer.com, owned and operated by WESTINPAY Limited., operating as an agent under the authorisation of Financial House.

2.9. WESTINPAY Wallet Account or Account: means a Personal Account or Business Account that You have opened with TRANSFER WESTINPAY, as agent of Financial House, for purposes including but not limited to, sending, receiving and withdrawing funds, and making online purchases.

2.10. Know Your customer (KYC): means the process by which TRANSFER WESTINPAY verifies Your identity for providing its services.

2.11. Limits: means any limits to which Your TRANSFER WESTINPAY Wallet Account may be subject from time to time as set out in the dashboard of your TRANSFER WESTINPAY Wallet Account and also available at https://www.westinpaytransfer.com/

2.12. Personal Account: means an electronic money account opened with TRANSFER WESTINPAY as agent of Financial House intended for non-commercial use.

2.13. Privacy Policy: means TRANSFER WESTINPAY privacy policy governing the processing and storing of Your personal data. Please read TRANSFER WESTINPAY privacy policy accessible on the Website for details.

2.14. Sanctions: means any financial or trade sanctions enforced by the United Nations Security Council, the European Union, the UK Government (including, without limitation, Her Majesty’s Treasury), the US Government, (including, without limitation, the Office of Foreign Assets Control of the US Department of the Treasury or the US Department of State), or any other relevant sanctions authority.

2.15. Terms & Conditions: means these Terms & Conditions and any document referred to herein and published on the Website (as amended from time to time).

2.16 Vulnerable Customer(s) means any Customer who is unable, for whatever reason, to make an informed decision at the time of dealing with them (i.e. those with language barriers; hearing difficulties; mental health issues; bereavement; the elderly; struggling financially; customers who do not understand our product/services and customers with addictions like shopping, gaming, betting, trading and similar). Such customers may struggle to decide on whether the services provided by TRANSFER WESTINPAY is in their best interests.

2.17. We/Us/Our: refers to TRANSFER WESTINPAY. 

2.18. Website: means the TRANSFER WESTINPAY website (www.westinpaytransfer.com) and any subdomains, or social accounts associated officially with TRANSFER WESTINPAY . TRANSFER WESTINPAY has mobile applications available on mobile platforms that allow You to use some of the TRANSFER WESTINPAY services via mobile app and the term Website shall be read as including the mobile app. You must ensure that the mobile application You are using is published by TRANSFER WESTINPAY. TRANSFER WESTINPAY is not liable for the usage of other mobile apps not associated with TRANSFER WESTINPAY. 

2.19. You/Your: means you, the natural or legal person in whose name the TRANSFER WESTINPAY Wallet Account is opened and maintained.

2.19 References to any law, statute, legislation, regulation or directive shall include any subsequent amendments.

3. General

3.1. Registered Company information, Company Home: Business type (SIC) with company reference number 15083017 WESTINPAY LİMİTED, registered address 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ United Kingdom

64999 - Financial intermediary not classified elsewhere, The company carries out legal activities within the scope of its activity.

TRANSFER WESTINPAY reserves the right to change these Terms & Conditions (including the Fees and Limits) unilaterally from time to time. In such cases, new Terms & Conditions will be notified to you 2 months prior to implementation. You will be notified about any such changes by text, by e-mail or by a notification when You access Your TRANSFER WESTINPAY Wallet Account. You have the right to terminate your TRANSFER WESTINPAY Wallet Account if the changes to the Terms & Conditions are unacceptable to you by notice to TRANSFER WESTINPAY in accordance with section 12. Such changes to the Terms & Conditions will be effective 2 months after TRANSFER WESTINPAY has sent notice to You unless You give notice to the Customer Support team to terminate Your Account prior to such changes coming into effect. Your continued use of Your Account will constitute acceptance of the amended Terms & Conditions.

3.2. By accepting these Terms & Conditions You agree that TRANSFER WESTINPAY is entitled to suspend or terminate Your TRANSFER WESTINPAY Wallet Account. More information regarding the closure of Your TRANSFER WESTINPAY Wallet Account is outlined in section 12.

3.3. Although the Website is accessible worldwide, not all products and services are available to all customers or in all geographic locations. TRANSFER WESTINPAY reserves the right to limit, in TRANSFER WESTINPAY sole discretion, the provision of any product or service to any customer or geographic area. The list of countries where TRANSFER WESTINPAY products and services are available is updated regularly and can be found on the registration page of the Website. It is prohibited to register a TRANSFER WESTINPAY Wallet Account from a country other than from those expressly permitted by TRANSFER WESTINPAY and listed on the Website.

3.4. Nothing in these Terms & Conditions excludes or restricts TRANSFER WESTINPAY or Financial House’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

4. Your TRANSFER WESTINPAY Wallet Account

4.1. Your TRANSFER WESTINPAY Wallet Account is an electronic money account. Financial House is the issuer of the electronic money stored in Your Account. Accordingly, TRANSFER WESTINPAY shall coordinate with Financial House in relation to all deposits and withdrawals from Your Account. You can send, receive, or withdraw electronic payments in multiple currencies using Your TRANSFER WESTINPAY Wallet Account. You can choose and change Your Wallet Account’s main currency at any time, except during the time that a payment is being processed. 

4.2. The  TRANSFER WESTINPAY Account enables You to convert the monetary value of funds to electronic money. Electronic money accounts are not bank accounts and therefore, will not earn any interest. The United Kingdom’s Financial Services Compensation Scheme (FSCS) does not apply to Your Account. By accepting these Terms & Conditions You acknowledge and accept these restrictions.

4.3. The balance in Your TRANSFER WESTINPAY Wallet Account belongs to You as the person or legal entity registered as the TRANSFER WESTINPAY Wallet Account holder. You may neither share Your TRANSFER WESTINPAY Wallet Account nor transfer/delegate Your rights and obligations to a third party except in cases of succession.

4.4. You can transfer, send, receive or withdraw money into or from Your TRANSFER WESTINPAY Wallet Account at any time. Depending on Your verification status, country of residence and other factors, You may be required to verify Your identity to increase Your limits for transactions or to access certain products and services.

4.5. TRANSFER WESTINPAY may refuse to carry out a transaction for reason including but not limited. to insufficient funds, incorrect authentication details provided, expired card/bank account, risk management, suspicion of fraudulent, illegal or doubtful transactions.

5. Opening Your TRANSFER WESTINPAY Wallet Account

5.1  To access TRANSFER WESTINPAY products and services, You must first open a TRANSFER WESTINPAY Wallet Account. As part of the registration process, You will be asked to accept these Terms & Conditions and Our Privacy Policy. By registering a TRANSFER WESTINPAY Wallet Account, You represent and warrant that such registration does not violate any laws applicable to You including those in Your country of residence and You agree to be fully liable and indemnify TRANSFER WESTINPAY for any loss arising from any such violation.5.1.

5.2. You must provide all the anti-money laundering and know your customer information required by TRANSFER WESTINPAY prior to accessing any of TRANSFER WESTINPAY products and services. TRANSFER WESTINPAY is unable to open Your TRANSFER WESTINPAY Wallet Account without this information. TRANSFER WESTINPAY may request additional anti- money laundering and know your customer information prior to certain individual transactions or where You effect transactions in excess of GBP 15,000 per annum. TRANSFER WESTINPAY may suspend and/or terminate your TRANSFER WESTINPAY Wallet Account if it does not receive information from You to meet regulatory requirements.

5.3. You must be at least 18 years old to open, operate and hold a TRANSFER WESTINPAY Wallet Account. TRANSFER WESTINPAY may set a different age limit for certain countries. We exercise the right to request at any given time that You provide documentary evidence of your age.

5.4. During the process of registering a TRANSFER WESTINPAY Wallet Account, You agree to only provide information that is accurate and truthful to the best of Your knowledge. You also agree to update that information as soon as practicable when changes occur.

5.5. TRANSFER WESTINPAY offers two types of TRANSFER WESTINPAY Wallet Accounts: Personal Account and Business Account. Unless otherwise agreed, You may not hold more than one Personal Account and one Business Account at the same time.

5.6. If at any point You start using Your Personal Account for commercial purposes, You must notify TRANSFER WESTINPAY immediately. TRANSFER WESTINPAY reserve the right to review Your Account activity and determine, in TRANSFER WESTINPAY’s reasonable opinion, if You are using Your Account for commercial purposes. Use of a Personal Account for commercial purposes may be a breach of these Terms & Conditions.

5.7. Business Accounts have two options:

5.7.1. TRANSFER WESTINPAY – an electronic wallet service.

5.7.2.     TRANSFER WESTINPAY-Business – an electronic money account with a virtual IBAN. Your data would be shared with a trusted third party for virtual IBAN to be issued. By accepting these Terms & Conditions and Privacy Policy you hereby consent to share Your data with trusted third parties to issue IBAN for Your use. For more information regarding how TRANSFER WESTINPAY uses and shares Your information, please refer to TRANSFER WESTINPAY’s Privacy Policy. 

5.7.2.1.  To use TRANSFER WESTINPAY-Business you must fill a Payment order in and send it to TRANSFER WESTINPAY.

5.7.2.1.1. Once the payment order is sent to TRANSFER WESTINPAY, no cancellation is possible.

5.7.2.1.2. TRANSFER WESTINPAY reserves the right to put a payment on hold or cancel it in its sole discretion and request additional information and/or documentation from You.

5.8 The opening of a TRANSFER WESTINPAY-Business Account may be subject to additional agreements and documents including but limited to agreement or documents with third parties.

5.9. We reserve the right to request additional documents from You during the verification process. 

5.10.  We reserve the right to suspend or terminate Your TRANSFER WESTINPAY Wallet Account where You do not provide TRANSFER WESTINPAY with such requested documents within the time frame given to You.

5.11. You agree to refrain from withdrawing money from or taking any other action in relation to a TRANSFER WESTINPAY Wallet Account if You are not the named account holder. 

5.12. You agree not to dispute any transactions if  You have been negligent in protecting Your TRANSFER WESTINPAY Wallet Account password and login details, or for reasons where WESTINPAY Limited or Financial House Limited has no liability (including but not limited to disputes with merchants).

5.13. TRANSFER WESTINPAY will be responsible for making any reasonable adjustments for disabled or other Vulnerable Customers when onboarding its customers.

6. Safety and Security

6.1. You must take all reasonable steps to protect the security of Your TRANSFER WESTINPAY Wallet Account. We recommend that You create a secure, strong password that does not contain any details about You that are easily identifiable (e.g. first name, date of birth etc.) and that You do not share Your password with anyone. You are responsible for maintaining the confidentiality of the password and Your TRANSFER WESTINPAY Wallet Account. 

6.2. We advise against storing any login details or passwords on any device or using any functionality or program that stores these details on any device.

6.3. You must take all reasonable steps to ensure that Your email and mobile telephone number is secure and only accessed by You, as Your email address may be used to reset passwords or to communicate with You about the security of Your TRANSFER WESTINPAY Wallet Account.

6.4. You must take all reasonable steps for protecting Your hardware, software, data and other material against all internet security risks, including, but not limited to viruses and malware.

6.5. You must notify the Customer Support team as soon as possible if You have any indication or suspicion that Your login credentials, email address or mobile telephone number, payment instrument information or other security features are compromised in any way, or if you suspect that Your TRANSFER WESTINPAY Wallet Account has been used by anyone other than You. TRANSFER WESTINPAY is not liable for any losses that may occur as a result of Your failure to notify TRANSFER WESTINPAY within 1 hour of suspecting or becoming aware of any loss, theft, misappropriation of such details or unauthorised use or attempted use of Your Account.

6.6. If TRANSFER WESTINPAY suspects any unauthorised or fraudulent use of Your TRANSFER WESTINPAY Wallet Account, TRANSFER WESTINPAY may freeze certain transaction options, features or Your entire TRANSFER WESTINPAY Wallet Account. TRANSFER WESTINPAY may ask You to provide further documentation that verifies Your identity before TRANSFER WESTINPAY reactivates full access to Your TRANSFER WESTINPAY Wallet Account.

7. Verifying Your Identity

7.1. At the time of Your application for a TRANSFER WESTINPAY Wallet Account, at Your first transaction, or at reaching Limits in the future, TRANSFER WESTINPAY may require You to provide documents confirming Your identity, address and ownership of the funds and their sources.

7.2. TRANSFER WESTINPAY may perform electronic identity verification checks directly or by using third party verification service providers. By accepting these Terms & Conditions, you consent to TRANSFER WESTINPAY sharing your information with third party verification service providers in order to perform the necessary checks.

7.3. If TRANSFER WESTINPAY believes at any time that Your information is outdated or inaccurate, TRANSFER WESTINPAY reserves the right to require additional information or documents. TRANSFER WESTINPAY may also require You to go through the verification process again. Your Limits will be adjusted accordingly whilst TRANSFER WESTINPAY verifies Your identity.

7.4. TRANSFER WESTINPAY may contact You from time to time to notify You of changes to Your TRANSFER WESTINPAY Wallet Account, request or provide further information. You represent and warrant to keep Your contact information is up to date and make sure that it is not publicly accessible. TRANSFER WESTINPAY shall not be liable for any loss arising out of Your failure to do so.

8. Deposit of Money

8.1. TRANSFER WESTINPAY acts as agent to Financial House. When you place a deposit in Your TRANSFER WESTINPAY Wallet Account, Financial House shall issue the equivalent value of electronic money after the deduction of any applicable fees and which will be stored in Your TRANSFER WESTINPAY Wallet Account.

8.2. You can deposit money to Your TRANSFER WESTINPAY Wallet Account by using one of the payment methods available to You depending on Your registration country. We do not guarantee the availability of certain deposit methods during the term of Your TRANSFER WESTINPAY Wallet Account. The deposit methods TRANSFER WESTINPAY offers may change and new ones may be added, and/or current ones be removed.

8.3. TRANSFER WESTINPAY may reject Your deposit or request further information/ documentation prior to accepting the funds in TRANSFER WESTINPAY’s sole discretion.

8.4. You agree that where You select a payment method that is subject to a right to claim funds back (“Chargeback”), such as (but not limited to) credit or debit card or direct debit, You will not exercise the Chargeback other than for an unauthorized use of the payment method or a breach by TRANSFER WESTINPAY which would result in You having a right to a refund of the deposited amount. TRANSFER WESTINPAY reserves the right to charge You a chargeback fee as well additional fees in case TRANSFER WESTINPAY has incurred any expenses in connection with a deposit method subject to a Chargeback.

8.5. If a Chargeback or other transaction including deduction of fees pursuant to these Terms & Conditions results in a negative balance on Your Account, You agree such negative balance is repayable by You immediately without need for any notice to You by a deposit or transfer of funds to Your TRANSFER WESTINPAY Wallet Account. Failure to do so is a breach of these Terms & Conditions and may result in legal action or debt collection measures by TRANSFER WESTINPAY or assigned parties, including collections agencies. TRANSFER WESTINPAY has the right to charge You fees and expenses that TRANSFER WESTINPAY reasonably incurs in connection with debt collection and enforcement action.

8.6.  You must not deposit through a payment method if you are not the named holder of that payment method account. TRANSFER WESTINPAY takes any violation of this requirement very seriously and will treat any attempt to use a payment method of which you are not the named account holder as a fraudulent act. In case of a such attempt, Your TRANSFER WESTINPAY Wallet Account can be suspended, cancelled and the balance of the account can be seized until an investigation is concluded in this regard.

8.7. Deposits using cash are not permitted.

8.8. Deposits may be subject to fees as detailed in the “Fees and Limits” section on TRANSFER WESTINPAY’s website. If Your transaction involves a currency exchange, You may also be charged extra fees for currency conversion. Any such fees will be disclosed at the time of completion of a relevant transaction. Extra fees may be applied by Your bank or other banks to initiate the transaction independent of WESTINPAY Limited or Financial House Limited.

9. Send Money

9.1   You can send money (within the Limits of your TRANSFER WESTINPAY Wallet Account) to other customers by providing the recipient’s mobile phone/ email or Customer ID number. They do not need to be existing customers of TRANSFER WESTINPAY for You to send funds but they will need to set up a TRANSFER WESTINPAY Wallet Account to receive and access these funds so You may wish to inform the recipient of this if they are not an existing customer. You must make sure that the information You enter is correct, as this information is used to facilitate the payment.

9.2 If You are asked to provide details of the recipient’s e-mail address or other means of identification, where applicable, You must take great care to provide the exact details of who You wish to send money to. TRANSFER WESTINPAY uses those details as the unique identifier to determine the intended recipient of the payment.

9.3   If the e-mail address of the intended recipient is registered with TRANSFER WESTINPAY, the funds will be sent to the recipient’s TRANSFER WESTINPAY Wallet Account and if the ‘auto accept payments’ option is active, the amount will be deposited directly to the recipient’s TRANSFER WESTINPAY Wallet Account immediately. If the auto accept payments’ option is deactivated, the recipient will need to manually accept, or reject the payment (in accordance with section 10). Once funds are credited to the recipient’s TRANSFER WESTINPAY Wallet Account, the transaction becomes irreversible.

9.4   If the recipient’s e-mail address is not registered with TRANSFER WESTINPAY, TRANSFER WESTINPAY will send a notification e-mail to that e-mail address with instructions on how to receive the payment. If the recipient does not claim the payment within 10 days, the transaction will be cancelled, and the funds will be returned to You.

9.5   If you think a payment may have been made incorrectly or is unauthorized, you must inform TRANSFER WESTINPAY as soon as possible. Further provisions relating to erroneous and unauthorised transactions are in section 18.

9.6   If Your TRANSFER WESTINPAY Wallet Account balance is insufficient to cover the charges or fees, TRANSFER WESTINPAY may refuse to execute a payment transaction. At Your request, We will provide you with the following information relating to each payment transaction:

(a) the maximum execution time;

(b) the charges payable by You in respect of the payment transaction; and

(c) where applicable, a breakdown of the amounts of such charges.

9.7  We will provide the following information to You, once a month, by email at no charge and in a manner which enables You to store and reproduce the information unchanged:

(a)   a reference enabling You to identify the payment transaction and, where appropriate, information relating to the payee;

(b)  the amount of the payment transaction in the currency in which the Your account is debited or in the currency used for the payment order;

(c)  the amount of any charges for the payment transaction and, where applicable, a breakdown of the amounts of such charges, or the interest payable by You;

(d)  where applicable, the exchange rate used in the payment transaction and the amount of the payment transaction after that currency conversion; and

(e)  the debit value date or the date of receipt of the payment order.

10.   Receive Money

10.1. By default, every Personal Account is set to the ‘auto accept payments’ option. This means that any received amount will be deposited directly to Your TRANSFER WESTINPAY Wallet Account after deduction of any applicable fees. You may deactivate the ‘auto accepts payment option’ and must then manually accept or reject any transactions.

10.2 You agree and acknowledge all receipts into Your Account are final and not reversible unless TRANSFER WESTINPAY agrees to reverse a specific transfer following a lawful request by You or the sender or unless reversal is necessary to fulfil any obligation under these Terms & Conditions or applicable law.

10.3. If You deactivate the ‘auto accept payments’ option and on receipt of funds into Your TRANSFER WESTINPAY Wallet Account You do not take any action to manually accept or reject any transactions, any such transactions will be cancelled after 10 days. In such cases, the debited amount will be returned to the sender’s TRANSFER WESTINPAY Wallet account. During that 10 day period, the sender will be able to cancel the transaction. If cancelled, the recipient will be notified, and the funds will be returned to the sender’s TRANSFER WESTINPAY Wallet account.

10.4. You will be notified by email and or text once You receive funds into Your TRANSFER WESTINPAY Wallet Account. Any payments will be displayed in Your transaction history. You agree to regularly review all payments to ensure that they are accurate.

10.5. If You wish the transaction to be completed in case the payments are refunded to the sender either due to cancellation or failure to manually accept the payment, You must contact the sender directly to repeat the transaction. TRANSFER WESTINPAY is unable to resend a transaction that has been declined, cancelled, or expired.

10.6. We will provide the following information to You, once a month, over email at no charge and in a manner which enables You to store and reproduce the information unchanged:

(a)   a reference enabling You to identify the payment transaction and the payer, and any information transferred with the payment transaction;

(b)  the amount of the payment transaction in the currency in which Your account is credited;

(c)  the amount of any charges for the payment transaction and, where applicable, a breakdown of the amounts of such charges, or the interest payable by You;

(d)  where applicable, the exchange rate used in the payment transaction, and the amount of the payment transaction before that currency conversion; and

(e)  the credit value date.

11.   Withdraw Money

11.1. The amount of money You can withdraw or redeem is limited to Your Limits and the current balance of Your TRANSFER WESTINPAY Wallet Account excluding any fees owed to TRANSFER WESTINPAY. Withdrawals are free of charge prior to termination of Your TRANSFER WESTINPAY Wallet Account and for a period of up to one year following termination of Your Account. A Fee of GBP 50 shall be charged by TRANSFER WESTINPAY where a request is made to withdraw funds one year or more following termination of Your TRANSFER WESTINPAY Wallet Account.

11.2. In order to make a withdrawal, You must log into Your TRANSFER WESTINPAY Wallet account, select a withdrawal method and enter the amount. Withdrawals rely partly on actions to be performed by third party financial institutions and therefore, TRANSFER WESTINPAY cannot always guarantee the availability of any specific withdrawal method. TRANSFER WESTINPAY reserves the right to make changes to the available withdrawal methods at any time without prior notice as long as there is at least one withdrawal option available to You, unless applicable law and regulation requires otherwise.

11.3. You must not initiate a withdrawal to an account of which You are not the named account holder. TRANSFER WESTINPAY takes any violation of this requirement extremely seriously and will treat any attempt to use an account of which You are not the named account holder as a fraudulent act. In case of a such attempt, Your TRANSFER WESTINPAY Wallet Account can be suspended, cancelled and the balance of the account can be seized until an investigation concludes with this regard, without prejudice to claiming further loss.

11.4   You must ensure that the payment details You provide when withdrawing funds are correct and complete. If You have provided TRANSFER WESTINPAY with inaccurate and/or incomplete details, TRANSFER WESTINPAY will not be liable for withdrawn funds being sent to the wrong payment account.

11.5  You may request that TRANSFER WESTINPAY assists You in reclaiming the funds, however, this request may be subject to an administration fee up to GBP 25 and this request or payment of the administration fee shall not constitute a guarantee that the reclamation efforts will be successful.

11.6   Where You make a request for withdrawal more than 6 years after the end of the contractual relationship between You and TRANSFER WESTINPAY, Financial House is not required to comply with a request to redeem the funds from the TRANSFER WESTINPAY Wallet Account.

12.   Termination and Deactivation of Your TRANSFER WESTINPAY Wallet Account

12.1. You may terminate Your TRANSFER WESTINPAY Wallet Account by contacting TRANSFER WESTINPAY’s Customer Support team via the Website. The relevant team will start the process based on Your request. This process may take up to 14 working days in the normal course of events and after that, Your TRANSFER WESTINPAY Wallet Account will be terminated. If Your TRANSFER WESTINPAY Wallet Account holds a balance at the time of termination, TRANSFER WESTINPAY will request that You withdraw the funds within a reasonable time, during which Your TRANSFER WESTINPAY Wallet Account will be accessible for withdrawing the remaining balance only.

12.2. TRANSFER WESTINPAY may deactivate Your TRANSFER WESTINPAY Wallet Account temporarily or permanently if:

12.2.1.  You breach any condition of these Terms & Conditions or any other condition applicable to specific services provided by TRANSFER WESTINPAY covered by separate terms & conditions; or

12.2.2.  You violate or TRANSFER WESTINPAY has reason to believe that you are in violation of any law or regulation that is applicable to your use of TRANSFER WESTINPAY’s services; or

12.2.3.  TRANSFER WESTINPAY has reason to believe that You are in any way involved in any fraudulent activity, money laundering, terrorism financing, activity prohibited by Sanctions, tax evasion, or other criminal activity; or

12.2.4.  TRANSFER WESTINPAY has reason to believe that another Personal Account or Business Account provided by TRANSFER WESTINPAY is held by You and/or has been used for any fraudulent activity, money laundering, terrorism financing or other criminal activity; or

12.2.5.  You do not log in to or make any transaction within Your Account for at least 1 (one) year. In case of such deactivation, You have consented that TRANSFER WESTINPAY is entitled to charge a Fee of equal to the total balance in Your deactivated Account where that balance is GBP 15 (fifteen) (or equivalent in other currencies) or less. In case of such deactivation if Your Account holds more than 15 GBP, TRANSFER WESTINPAY is entitled to apply a yearly account fee of 15 GBP for each consecutive year commencing on the first anniversary of Your ceasing to log into Your Account and annually thereafter until the value of Your account reaches GBP 15.

12.3. TRANSFER WESTINPAY may terminate Your TRANSFER WESTINPAY Wallet Account without cause having given you two months’ notice of its intention to do so to You. Notices will be provided in accordance with clause 19.

12.4. TRANSFER WESTINPAY may suspend Your TRANSFER WESTINPAY Wallet Account at any time if:

12.4.1.  TRANSFER WESTINPAY reasonably believes that your TRANSFER WESTINPAY Wallet Account has been compromised or for other security reasons; or

12.4.2.  TRANSFER WESTINPAY reasonably suspects Your TRANSFER WESTINPAY Wallet Account to have been used or is being used without Your authorisation or fraudulently; and TRANSFER WESTINPAY shall notify You either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless TRANSFER WESTINPAY is prohibited by law to notify You. Notices will be provided in accordance with clause 19.

12.5 If You want to access Your transaction history after the termination of Your TRANSFER WESTINPAY Wallet Account please contact the Customer Support Team and request the information in the period ending six years following termination of Your Account.

13.   Accessing TRANSFER WESTINPAY’s Website

13.1. TRANSFER WESTINPAY will do its utmost to ensure that availability of TRANSFER WESTINPAY’s products and services will be uninterrupted. However, TRANSFER WESTINPAY may from time to time to change or restrict access to some or all parts of the Website without prior notice. 

13.2. TRANSFER WESTINPAY cannot guarantee that the Website will meet Your personal requirements, that it will not infringe the rights of third parties, or that it will be secure. TRANSFER WESTINPAY also cannot guarantee that it will be compatible with the software and hardware that You use.

13.3. The Content on the Website is informative and is not to be construed as providing legal, tax, financial or professional advice. Further information on electronic money and/or payment service products should be obtained from professionals or specialists. TRANSFER WESTINPAY is not liable for any indirect or consequential losses including, but not limited to loss of profit, loss of business or reputation.

13.4. Although TRANSFER WESTINPAY takes reasonable steps to ensure that all details, descriptions, images and prices of its products and/or services appearing on the Website are correct and up-to-date, TRANSFER WESTINPAY does not represent, warrant or guarantee that information on the Website is complete, accurate or up to date.

14.   Intellectual Property Rights of WESTINPAY Limited.

14.1. All Content and other intellectual property included on the Website belongs to WESTINPAY Limited or its partners or has been licensed by WESTINPAY Limited or its partners. You represent that You will not modify, copy, adjust, alter, amend or use Content without TRANSFER WESTINPAY’s prior written consent. Reproducing, copying, distributing, selling, renting, sub-licensing, storing, or re-using TRANSFER WESTINPAY's Content from the Website requires TRANSFER WESTINPAY's express written permission.

14.2  You do not need permission to access, view or use the Website in a web browser or similar type of software or application; download from the Website for caching; print or save extracts or complete pages from the Website for non-commercial use. 

14.3  If You choose to download, save or print from the Website or parts of the Website, You must acknowledge that WESTINPAY Limited as the legal and rightful owner and author.

14.4  You may use certain Content that has been provided by WESTINPAY Limited through TRANSFER WESTINPAY without prior written consent for the sole purpose of identifying your contractual relationship with TRANSFER WESTINPAY. TRANSFER WESTINPAY may limit or revoke this permission at any time and for any reason at TRANSFER WESTINPAY’s sole discretion. Any use of Content beyond what was provided is prohibited. You are prohibited from modifying or changing this Content in any way before disseminating it. You must not use the provided Content in a manner that is unfavourable to WESTINPAY Limited or the products or services it provides or display the Content in any manner that implies WESTINPAY Limited sponsorship or endorsement.

14.5. When providing TRANSFER WESTINPAY with content or posting content, whether online or offline, You grant WESTINPAY Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub- licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights You have in the Content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, You waive 

Your moral rights and promise not to assert such rights against WESTINPAY Limited, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: Your provision of content to TRANSFER WESTINPAY, Your posting of content using Your TRANSFER WESTINPAY Wallet Account, and WESTINPAY Limited use of such content (including of works derived from it) in connection with the use of the Website.

14.6. You may only use Content saved or downloaded from the Website for commercial purposes, other than for the scope of use highlighted in section 14.1, if You first obtain a license from TRANSFER WESTINPAY (or TRANSFER WESTINPAY’s licensors, as appropriate) to do so. This does not prohibit normal access, viewing and use of the Website for by merchants or consumers for general information purposes.

14.7. You may only link to the Website under the following conditions:

You do so in a fair and legal manner;

You do not suggest any association, endorsement or approval on TRANSFER WESTINPAY’s part where none exists;

You do not use any logos or trademarks displayed on the Website without TRANSFER WESTINPAY’s express written permission, except when permitted as outlined in section 14.1;

You do not display content that damages TRANSFER WESTINPAY’s reputation or takes unfair advantage of it; and

You link only to the homepage of the Website. Linking to any other pages requires Our express written permission.

You may not link to the Website from another website that:

Contains sexually explicit, obscene, deliberately offensive, hateful content;

Promotes violence or assists in any form of unlawful activity;

Discriminates against any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

Contains content that intends to threaten, harass, annoy, alarm, inconvenience, upset, embarrass, or deceive another person;

Is designed to infringe (or to threaten to infringe) another person’s privacy;

Infringes, or assists in the infringement of, the intellectual property rights of any other party (including, but not limited to, copyright, trademarks and database rights);

Is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence; and,

Misrepresents or impersonates the identity or affiliation of a person in a way that is deceptive.

14.8. You may see or use links to other websites on the Website. TRANSFER WESTINPAY is not responsible for the content of any third-party websites that are linked on the Website, as these links are for information purposes only and are not meant as an endorsement of the websites, their content, or of those who control them.

15.   Prohibited Transactions

15.1. You represent and warrant that You do not and will not use Your TRANSFER WESTINPAY Wallet Account for any transactions involving money laundering,, terrorism financing, fraud, any transaction prohibited by Sanctions, tax evasion, or for any other illegal activities. TRANSFER WESTINPAY reserves the right to check and monitor Your transactions for such activities before and/or after authorising any transaction, this right includes but is not limited to the process of refunding Your money after You close Your Account.

15.2. It is strictly forbidden to send or receive money for the sale or purchase of any illegal products and/or services including but not limited to the below products and/or services:

Alcohol

Any fake, or counterfeit government ID’s, Visas, State-issued Licenses

Any goods or services that infringe on the intellectual property rights of third parties

Illegal File Sharing

Firearms and weapons (including without limitation, knives, ammunition, guns and anything that can be defined as a weapon or firearm)

Material which incites or promote violence, hatred, prejudice or racism

Pornography, adult material/content

Prepaid or other stored value cards that are not associated with a particular merchant and/or are not limited to purchases of particular products or services

Precious stones/metals

Prescription drugs, illegal drugs, drugs (including steroids, health supplements)

Pyramid or Ponzi scheme products or third-party payment processing or payment aggregation products, multi-level marketing and other “get-rich quick” schemes or high yield investment programs

Satellite and cable TV descramblers

Shell Banks

Tobacco products (including electronic cigarettes and e-liquid)

Timeshares or property reservation payments

Illegal gambling services of any type

Unregistered charity services/ Non-Governmental Organizations

Unregulated Forex Brokers

TRANSFER WESTINPAY reserves the right, in its sole discretion, to add categories of prohibited transactions to these Terms & Conditions.

15.3. You represent and warrant that You comply fully with any and all local, national or international laws and/or regulations applicable to You in Your use of the TRANSFER WESTINPAY Wallet Account. You represent and warrant that You will not use Your TRANSFER WESTINPAY Wallet Account for any unlawful or fraudulent purpose. This includes but not limited to using TRANSFER WESTINPAY’s Website to send, load, or transmit data that contains a virus or malware in any form, or any code designed to adversely impact computer or mobile phone hardware, software, or data. 

15.4. You represent and warrant that You are not the target or subject of any Sanctions, and are not owned or controlled by, or acting for or on behalf of, any individual or entity that is the target or subject of any Sanctions, and that you will cease to use any services provided by TRANSFER WESTINPAY (and You will notify TRANSFER WESTINPAY of the same) in the event that you do become the target or subject of any Sanctions, or You become owned or controlled by, or start acting for or on behalf of, any individual or entity that is the target or subject of any Sanctions.

15.5. If any unlawful or fraudulent activity is suspected or identified on Your TRANSFER WESTINPAY Wallet Account, TRANSFER WESTINPAY reserves the right to terminate Your TRANSFER WESTINPAY Wallet Account and to report any activity that may violate any law or regulation to the appropriate law enforcement bodies, regulators, or other appropriate third parties.

15.6. It is not permitted to use your TRANSFER WESTINPAY Wallet Account to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your TRANSFER WESTINPAY Wallet Account at any time or refuse to execute or reverse a transaction if TRANSFER WESTINPAY believes that you directly or indirectly use or have used your TRANSFER WESTINPAY Wallet Account for or in connection with illegal gambling transactions. Please note that online gambling is illegal in the following countries:

Barbados

Democratic People's Republic of Korea

Iran, Islamic Republic of Persian Gulf

Zimbabwe

This list is not exhaustive, and it is Your responsibility to ensure that you do not use TRANSFER WESTINPAY’s services for transactions that may be considered illegal in Your jurisdiction.

15.7. In addition to the above prohibitions, payments may only be accepted for commercial use after approval by TRANSFER WESTINPAY. We do not facilitate commercial activity for the following purposes including but not limited to: currency exchange, remittance businesses, travel money, alternative health products including dietary supplements, herbal medicine, any collection of donations or payments to charities or not-for-profit organisations, dealing in the sale of precious metals, jewels, stones, or other natural resources, alcohol.

15.8. You may not use TRANSFER WESTINPAY’s services if you are residing in certain countries including Afghanistan; Central African Republic; Crimea Region; Cuba; Ethiopia; Iran; Iraq; Libya; North Korea; Somalia; South Sudan; Sudan; Syria; United States of America; Yemen. This list is not exhaustive, and TRANSFER WESTINPAY may in its sole discretion decide to discontinue or restrict its services in other countries at any time and without prior notice. TRANSFER WESTINPAY reserves the right to suspend or terminate your TRANSFER WESTINPAY Wallet Account at any time if TRANSFER WESTINPAY is required to do so by law or to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime. 

15.9. Any attempt to conduct transactions in violation of the prohibitions set out in this section 15 can incur an administration fee of up to GBP 150. TRANSFER WESTINPAY reserves the right to cancel the transaction and/or terminate or suspend Your TRANSFER WESTINPAY Wallet Account.

15.10.   TRANSFER WESTINPAY cannot guarantee the legality or quality of any of TRANSFER WESTINPAY’s merchants’ or other person products and services. TRANSFER WESTINPAY is not liable for any goods or services provided by a merchant to You. Any liability for such goods and services will be subject to the terms of any agreement You have with such merchant or other person.

16.   Fees

16.1. TRANSFER WESTINPAY’s Fees and Limits may differ depending on the type of account You have and the verification level of Your Account. 

16.2. Certain transactions may incur fees from Your bank or third-party financial institution, including but not exclusively, if currency exchange takes place. If any such fees are applied by Your bank, and/or financial institution, TRANSFER WESTINPAY is not responsible for the application of such fees to Your transactions. Currency exchange performed in the TRANSFER WESTINPAY Wallet will be subject to TRANSFER WESTINPAY’s Fees.

16.3. For Business Accounts, TRANSFER WESTINPAY’s fee structure will be relayed to You during the registration process of Your business. Afterwards, You must work with TRANSFER WESTINPAY’s business team if You wish to negotiate these conditions.

16.4. TRANSFER WESTINPAY’s Fees may appear as fixed Fees or percentage Fees depending on Your transaction. TRANSFER WESTINPAY’s fixed Fees are displayed in GBP and percentage Fees may have a maximum cap. Fees will be applied to Your current balance. If You do not have enough balance to cover the transaction and the Fees, You will not be able to complete the transaction. TRANSFER WESTINPAY’s Fees are visible in the “Fees and Limits” section on TRANSFER WESTINPAY’s Website.

16.5. TRANSFER WESTINPAY will always display the Fees for each transaction before You confirm the transaction. If You agree to finalise the transaction, the Fees will be deducted immediately.

16.6. An exchange Fee will be applied to all exchange transactions. These Fees will be clearly identified on the exchange fee screen, along with the resulting balance in the new currency. TRANSFER WESTINPAY does not guarantee to beat or to match any lower exchange rates from third party sites. If rates change while You are preparing Your exchange fee transaction, TRANSFER WESTINPAY will inform You with a pop-up message and You will need to retry the exchange transaction with the new rates.

16.7.  TRANSFER WESTINPAY reserves the right to change the Fees or the Fees structure at any point that TRANSFER WESTINPAY deems proper. 

16.8.  All transactions are subject to Your Limits. Your Limits are detailed within the TRANSFER WESTINPAY Wallet Account dashboard. It is Your responsibility to make sure Your TRANSFER WESTINPAY Wallet Account balance is sufficient to cover Your transactions, including all applicable fees.

16.9. If You or TRANSFER WESTINPAY choose to terminate Your TRANSFER WESTINPAY Wallet Account, Fees will be charged or rebated to You on a pro-rata basis. No fee shall be charged where You give notice to terminate where You do not agree to any proposed amendments to the Terms & Conditions.

17.   Data protection

17.1. The handling of Your data is set out in TRANSFER WESTINPAY’s Privacy Policy. By accepting these Terms & Conditions You also agree to the terms in TRANSFER WESTINPAY’s Privacy Policy which is appended to these Terms & Conditions. Please retain a copy of the Privacy Policy along with these Terms & Conditions for Your records. Copies of the Terms & Conditions and Privacy Policy may be obtained on the Website or by contacting Customer Support.

17.2. The UK Data Protection Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 govern the holding and processing of personal data and therefore, prescribe Your rights and TRANSFER WESTINPAY’s obligations to protect information received from You.

TRANSFER WESTINPAY may use Your information to:

Communicate with You and send You notices

Work with third party partners when processing transactions requested by You.

Allow third party partners to identify or verify the accuracy and correctness of Your information, or when investigating the legality of any data or transactions By opening Your TRANSFER WESTINPAY Wallet account, You are giving TRANSFER WESTINPAY express permission to send You any promotional or commercial emails/newsletters. These emails may include information about new products, features, promotions and deals. If You do not wish to receive such notifications, You can opt out from the ‘account settings’ tab of Your dashboard. You can also opt out of receiving newsletters by contacting the Customer Support Team. Any email newsletter You receive will also give You the option to unsubscribe from any future newsletter.

17.3. Use of the Website is also governed by TRANSFER WESTINPAY’s Cookie Policy, available to be viewed on the Website.

18.   Liability including for Erroneous or Unauthorised Transactions

18.1.  If You notify Us without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of a transaction which was not executed in accordance with Your instructions (“Incorrect Transaction” or (“Non-executed Transaction”) due to Our gross negligence, You will receive without undue delay a refund of the Incorrect Transaction or Non-executed Transaction including all Fees and interest deducted therefrom and We will restore the balance on Your TRANSFER WESTINPAY Wallet Account to reflect what it would have been had the Incorrect Transaction or Non-executed Transaction not taken place unless We can prove that

We executed the disputed Transaction according to Your instructions and these Terms & Conditions. 

18.2.  If due to Our gross negligence We fail to transfer electronic money to You from another customer, which was initiated by another customer under these Terms & Conditions, then upon receipt of notice from the other customer We will ensure that Financial House immediately makes available to You an electronic money transfer with a credit value date for Your TRANSFER WESTINPAY Wallet Account for the date on which the amount of electronic money would have been dated if the transfer of electronic money had been executed correctly unless We can prove that We executed the disputed transfer under another customer’s instructions and these Terms & Conditions. Upon receipt of Your request We will immediately try to trace the transfer and will notify You of the outcome, free of charge.

18.3.  If You notify Us without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of the existence of a transaction which due to Our gross negligence was executed late without observing the provisions of these Terms & Conditions (“Late Transaction”), We will ensure that the credit value date for the other customer’s TRANSFER WESTINPAY Wallet Account is no later than the date on which the amount of electronic money would have been dated/credited if the transaction had been executed correctly.

18.4.  We will refund a transaction, including all Fees and interest deducted therefrom, that We execute without Your authorization under these Terms & Conditions (“Unauthorised Transaction”) and, where applicable, We may restore Your Account to reflect the status it would have been in had the Unauthorised Transaction not taken place by ensuring that the credit value date of Your Account is no later than the date on which the amount of the Unauthorised Transaction was debited from Your Account. In that event We will do so as soon as practically possible and in any event no later than by the end of the following Business Day after You notify Us of the Unauthorised Transaction, if all the following conditions are met:

You notify Us without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of the existence of the Unauthorised Transaction;

We do not have reasonable grounds to suspect fraud or some other criminal offence and We have not communicated those grounds to the relevant government authority or recognised crime-prevention body;

the Unauthorised Transaction has not arisen from Your failure through intent or gross negligence to keep Your login details or other security credentials of Your Account safe and secure under these Terms & Conditions;

none of the circumstances set forth in Section 18.5 of these Terms & Conditions occurred.

18.5.  You will bear all losses relating to any Unauthorised Transaction executed by Us, if:

You acted fraudulently;

You failed intentionally or due to Your intent or gross negligence to keep Your login details or other security credentials of Your Account safe and secure;

We executed the transaction before receiving Your notification that You have an indication or suspicion that Your login details or other security credentials of Your Account are lost, stolen, misappropriated, used or attempted to be used without authorisation, or otherwise compromised without Your authority, as provided for in these Terms & Conditions.

18.6.  If an Unauthorised Transaction arises from use of lost or stolen login details or from misappropriation of Your login details or other security credentials of Your Account, You may be liable up to a maximum of GBP 35 for losses incurred with respect to a specific Unauthorised Transaction except in any case under Section 18.4 of these Terms & Conditions listing circumstances when You are fully liable Yourself for an Unauthorized Transaction.

18.7.  If We later find that You are not entitled to a refund under Section 18.4 of these Terms & Conditions, We will debit from Your Account the amount We refunded and any Fees You owe Us.

18.8.  If You provide an incorrect unique identifier (namely, the recipient’s e-mail address) in the payment order of a transaction, We are not liable for non-execution or defective execution of the transaction. However, We will do Our best to recover the electronic money involved in the transaction. If We are not able to recover the electronic money involved in the transaction, upon receipt of Your written request sent by e-mail to Our Customer Support team, We will let You have relevant information in Our possession and necessary for You to file a legal claim to recover the electronic money involved in the transaction. However, We will let You have data and information only where it is fair and lawful to do so. We may charge You a Fee for doing so.

18.9.  If an Incorrect Transaction, Late Transaction or Non-executed Transaction occurs, then and upon receipt of Your request We will assist in tracing the Incorrect Transaction, Late Transaction or Non-executed Transaction and will notify You of the outcome, free of charge.

18.10.  In no event will We, Our employees, affiliates, subsidiaries, agents or subcontractors be held liable or responsible in any way to You or a third party for indirect, special, consequential, punitive or incidental damages, loss of opportunity, loss of profits, loss of use of data, interruption of business, and/or loss of reputation, whether based on negligence, wilful misconduct, tort (non-contractual liability), contract (including without limitation fundamental breach or breach of a fundamental term) or any other theory of law. We will not be liable or responsible in any way for losses arising from Our compliance with legal and regulatory requirements. We will not be liable for assessing or paying taxes, duties or other charges that arise from the underlying Transactions between You and Users.

18.11.  You are fully responsible for goods or services bought or sold by You that are settled through Your use of our services. We disclaim liability and We will not be held liable or responsible at all for the quality, safety, legality or delivery of goods sold to You or purchased by You or services received or provided by You in return for electronic money paid for through Your Account, including charges, taxes or other duties in relation to goods or services, nor do We provide a warranty or guarantee for those goods and services.

18.12.    You agree to indemnify Us, Our employees, affiliates, subsidiaries, agents and subcontractors and Financial House from and against claims brought by third parties including merchants against Us, Our employees, affiliates, subsidiaries, agents or subcontractors or Financial House relating to Your use of Your Account with respect to claims, losses, damages, expenses and liabilities suffered or incurred by Us, Our employees, affiliates, subsidiaries, agents or subcontractors or Financial House as a result of Your breach of these Terms & Conditions or any applicable law.

18.13.  We do not undertake and We do not have any liability for the actions of any third party, except to the extent it may not be excluded under the relevant applicable law.

18.14.  Our liability under these Terms & Conditions, whatever its basis, will not exceed in total the difference between (i) the amount of Fees We receive from You during the month in which liability accrued, and (ii) assessments and offsets against Fees that arose during that month. If more than 1 (one) month is involved, the total amount of Our liability will not exceed the lowest amount calculated in accordance with the previous sentence for any month involved.

18.15.  This clause 18 shall remain in effect even if the agreement between TRANSFER WESTINPAY and You is terminated.

19.   Communications with TRANSFER WESTINPAY 

19.1. TRANSFER WESTINPAY will confirm Your transactions, provide notices including on profile changes, Account changes or changes to these Terms & Conditions via in-app notifications, website notifications, email or SMS. You agree to provide an actively used e-mail address and/or phone number to TRANSFER WESTINPAY and to keep this information updated to enable TRANSFER WESTINPAY to contact you. TRANSFER WESTINPAY uses HTML format in TRANSFER WESTINPAY’s e-mails. The Terms & Conditions may be downloaded from the Website at any time.

19.2. In order to view emails, you need a computer or mobile device with email software that can display emails in HTML format. TRANSFER WESTINPAY may also send you attachments in Adobe Systems Inc.’s Portable Document Format (PDF) or some other formats for that you may need additional software for opening the files.

19.3. TRANSFER WESTINPAY will communicate with You in English, including where it is required to provide information or make notifications to You under its regulatory obligations. These Terms & Conditions are only available in English.

19.4. TRANSFER WESTINPAY will not send You any emails, messages, or notifications asking for Your TRANSFER WESTINPAY password. If You are unsure whether a communication originates from TRANSFER WESTINPAY, please contact the Customer Support Team.

19.5. TRANSFER WESTINPAY will provide reasonable support, guidance, and adjustments for Vulnerable Customers including anyone who is going to be put at detriment from being provided with its services.

19.6. You may request a copy of these Terms & Conditions at any time by contacting the Customer Support team.

20.   Complaints

20.1. Any questions, concerns, security risks or complaints should be communicated to TRANSFER WESTINPAY in a timely manner by contacting the Customer Support team at https://TRANSFER WESTINPAYhelp.zendesk.com/hc/en-gb or via the live chat function on the Website. Your communication will be answered in a timely manner and Your questions and concerns will be addressed to the best of TRANSFER WESTINPAY’s ability. You may request a detailed log of your communication with TRANSFER WESTINPAY via email.

20.2. TRANSFER WESTINPAY will endeavour to provide you with an answer or resolution to your complaint within the timeframes as outlined by the Financial Ombudsman Service’s complaints handling procedures. Should this not be possible due to unforeseen circumstances or lack of information, we will contact You and keep you informed until resolution.

20.3. Where you are unreasonably inconvenienced, TRANSFER WESTINPAY must make good any losses that you have been directly incurred due to direct error or failure by TRANSFER WESTINPAY. TRANSFER WESTINPAY aims to put you back in the same position you should be in had the direct the error or failure by TRANSFER WESTINPAY not been made.

21.   Applicable Law 

21.1. These Terms & Conditions, shall be governed by and construed in accordance with the laws of England and Wales.

21.2. Any disputes or claims (including non-contractual disputes) arising out of or in connection with these Terms & Conditions or the relationship between You and TRANSFER WESTINPAY is subject to the exclusive jurisdiction of the English courts.

21.3. TRANSFER WESTINPAY does not recognise any individual(s) other than the owner of the TRANSFER WESTINPAY Wallet Account or the persons associated as rights holders under the merchant Accounts to have any rights under these Terms & Conditions. Any third-party rights under The Contracts (Rights of Third Parties) Act of 1999 are expressly excluded.

21.4. In addition, the rights to your TRANSFER WESTINPAY Wallet Account cannot be transferred to another individual. You must notify TRANSFER WESTINPAY of any new direct or indirect beneficial owner of 25% or more of You upon which TRANSFER WESTINPAY may request additional information from You in line with section 7.3.

21.5. Should any part of these Terms & Conditions become incompatible with any laws or regulations by a court of law, and if the court of law should determine such clauses to be invalid or unlawful, this will only apply to the affected part of the Terms & Conditions. Such a declaration will not make the entirety of these Terms & Conditions unenforceable.

21.6. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent TRANSFER WESTINPAY from exercising that right in the future.

22.   Taxes

22.1. You bear the responsibility for any taxes applicable to payments You make or receive and TRANSFER WESTINPAY is not liable for any such taxes.