Terms of Use
Introduction
You acknowledge and agree that by checking the ‘Agree’ box when opening your Account, you agree to abide by the following terms of use as amended from time to time (Terms of Use) concerning your use of the electronic money stored value service provided by Skynet technology Ltd. If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Support Team.
This Term of use (“Agreement”) is a contract between you and Skynet technology Ltd. (“Company”) and applies to your use of Zendit products and services and any other Zendit features, technologies, and/or functionalities offered by Company on our website, in the Zendit app or through any other means (the “Zendit Services”). The Zendit Services are provided to you subject to this Agreement as well as our Privacy Policy (“Privacy Policy”).
1. DEFINITIONS AND GENERAL TERMS
In these Terms of Use, the following words have the meaning set out beside them:
“Zendit!” is a mobile service offered by Skynet technology Ltd. that comprises a stored value facility that may be used by a user (in the individual’s personal capacity, a “User” and collectively, “Users”, in the sole proprietor/partnership/corporate capacity, a “Business User” and collectively, “Business Users”) as a mobile wallet on their mobile device.
“Zendit! Application” means an application for mobile devices that can be downloaded by the User from the Apple App Store and Google Play store.
“Zendit! Service” means any service offered by Skynet technology Ltd. which may be obtained through and from the use of the Zendit! Application, as may be determined by Skynet technology Ltd from time to time.
“You” means a User.
“Account ID Information” means any and all of the following pieces of information: your Card details (Card number, expiry date and CVV code), your PIN, information you use to log in to your Account, your secure identification number, security questions and answers and other Account credentials and information specific to your Account;
“Payment” means any of the following: (i) any payment made using your Card; (ii) the debiting of an amount of electronic money from your Account and the concurrent crediting of such amount to a Merchant account, or another Member’s account, as designated by you (including by way of Subscription Billing); or (iii) the crediting of an amount of electronic money to your Account and the concurrent debiting of a Merchant account, or another Member’s account;
“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday in England.
“Transaction” means, as the context permits: (i) a Payment; or (b) a Withdrawal; or (c) an Upload; in each case less any applicable Fees;
“Withdrawal” means taking funds from your Account by using your wallet or by selecting one of the withdrawal methods available to your bank account.
"Third Party Provider" means a service provider authorised by law or allowed by you to access information or make payments for you in your Account;
It is a condition of membership and use of the Account that you agree to these Terms of Use, which form a legally binding contract between you and us once you register to become a Member.
2. TERMS FOR ZENDIT SERVICES
The Zendit Services allow you to make payments to and accept payments from third parties. You may use the Zendit Services on your mobile device, or, if you are an approved merchant that has received express authorization to accept Authorized Merchant Payments as described in this Agreement, you may accept Zendit payments through your mobile application or website.
Company has no responsibility for the actions of your transfer recipient or for the subject of the transfer. We do not guarantee the identity of any user of the Zendit Services or that a sender or a recipient can or will complete a transaction.
By accepting these Terms of Use and using the Zendit Service you acknowledge that:
  1. We are not a bank and your Account is not a bank account;
  2. Funds held in your Accounts or the company in connection with the process of transactions are not deposit obligations and are not insured by any government agency and the UK’s Financial Services Compensation Scheme (FSCS) does not apply to your Account;
  3. We do not act as a trustee, fiduciary or escrow holder in respect of balances in your Account;
  4. We do not pay you interest or other earnings on any balances in your Account.Company does not typically receive interest on funds held for its users.However, inconsideration for your use of the service, you irrevocably transfer and assign to Company any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Company any ownership right to the principal of the funds you maintain with Company.
3. ELEGIBILITY ACCOUNT REGISTRATION
3.1 To be eligible to use the Zendit Services, you must be 16 years or older. You are required to create and register your Wallet Account in your Zendit! Application (“Registration”). As further detailed in our Privacy Policy, in order to register, create and use an account, Zendit may require that you submit certain Personal Information (as defined in the Privacy Policy), including but not limited to your name, email address, mobile phone number, address, date of birth. During the registration process, or when you access the Zendit Services from a phone, your phone’s device ID is also stored.
3.2 You must provide a display name as part of the Registration. The display name provided by you will be displayed in the notifications to the recipient of incoming funds transferred from or requested by you.
3.3 You must upload an image of yourself (business logo if you are a business) and this uploaded image will be visible to all recipients of incoming funds from you. Your uploaded image will be linked to your Wallet Account and will be kept in the Zendit! Application unless deleted by you.
3.4 You will be required to select one personal or Joint-Alternate bank account for your use of the Zendit! Service (“Designated Account”). Your Designated Account will be linked to your Wallet Account in the Zendit! Application to allow the movement of funds between your Designated Account and your Wallet Account.
3.5 You must use your personal Password (“Password”)/PIN/Touch ID to access and use the Zendit! Application. You are responsible for safekeeping and maintaining the confidentiality of your Password. You must not disclose to any person your Password and shall not authorize any person to use your Password for any purpose whatsoever. You agree to take reasonable measures and all due care to protect your Password against misuse by third parties.
3.6 You should, as soon as possible, reset your Password should you notice that your Zendit! Application has been accessed or used without your knowledge, authority or consent.
4. TYPES OF ACCOUNTS
We offer two different types of accounts, Personal and Business/Merchant accounts.
4.1.1 You may have only one personal account.
Personal accounts are for use in person-to-person transfers with friends and family, and other people whom you know.
4.1.2 Personal accounts may also be used to make Authorized Merchant Payments as described in this Agreement.
4.1.3 Some features of personal accounts may be limited based on how you wish to use the Zendit Services, how much you need to send or spend and what we know about you.
4.1.4 We may require that you provide more information in order to complete a transaction. Personal accounts may not be used to receive business, commercial or merchant transactions, which includes (without limitation) paying or accepting payment from other users you do not personally know for goods or services (for example, concert tickets, electronic equipment, sneakers, a watch, or other merchandise) (“Prohibited Business Transactions”).
4.2 For each Business/Merchant you are involved with, you may have only one business/merchant account.
4.2.1 Business account use is limited. Business accounts must be applied for and explicitly authorized. By opening a business account and accepting the terms as outlined in this Agreement, including, but not limited to, the Rules and Restrictions for Business Accounts set forth below, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes.
4.2.2 We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this Agreement, including, but not limited to, if you are using a personal account to conduct Prohibited Business Transactions or a business account for personal, family or household purposes.
5. IDENTITY AUTHENTICATION
You hereby authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information and, for business accounts, your company or employer. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
6. USING YOUR ACCOUNT
6.1 In order to make a Transaction, you will need to make an upload or add your debit or credit card.
6.1.1 You may purchase electronic money by using one of the upload options available to you depending on your country of residence.
6.1.2 You must provide the information requested and pass all identity and security validation and verification checks. For any upload, you authorise us to obtain or receive funds on your behalf from your chosen payment source, less any applicable Fees, and then issue electronic money to your Account.
6.2 MAKING PAYMENT TO AND FROM YOUR ACCOUNT
6.2.1Using your Zendit wallet to make Payments and Withdrawals, you can also make a Payment straight from your wallet account to a Merchant that accepts payment from a Zendit account or another Member by completing the information on the “Money Out” page of the Member Site, and, in some cases, you may be able to make a Payment to or from a Merchant.
6.2.2When making a Payment from your Account, you may not designate an amount in excess of the balance (plus the applicable Fees) in your Account at the time the request is made. If you attempt to do so, your Payment request will be denied.
6.2.3The amount of any Payment made to your Account will be credited to your Account balance, less any applicable Fees, on receipt. If a Payment credited to your Account is reversed by the sender prior to you performing a Transaction, the amount of the reversed Payment will be returned to the sender and no Fees will be owed by you.
6.2.4You are fully responsible for any goods or services bought by you that are paid for through your use of the Zendit Service. Any dispute with a Merchant regarding any product or service bought by you through the Zendit Service is between you and the Merchant and you agree that we shall not be a party to such dispute.
6.2.5 We do not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
6.2.6 Payments are subject to fees including currency conversion fees (if applicable).
6.3 TRANSACTION HISTORY
6.3.1Transactions are displayed in your online transactions history together with the date of receipt or transmission (the credit or debit value date), the fees charged and, where applicable, any exchange rate used. Each transaction is given a unique transaction ID and shown in the transaction history.
6.3.2 We will not alter or amend information displayed in your online transaction history. You should quote this transaction ID when communicating with us about a particular transaction.
6.3.3 You should check your Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.
6.4 SENDING MONEY
6.4.1You must give consent to the execution of a Transaction for it to be authorised. You agree that by pressing the “agree” button, or entering your Account ID Information (or any equivalent button or process whereby you submit the required Transaction information) you are confirming that you are providing consent for the Transaction to be processed and for the relevant Fees to be charged and deducted from your Account.
6.4.2 All Transactions made using your PIN, your Account ID Information or any other security procedures that we require are deemed to be authorised by you. You also agree that once consent has been provided by you, the authorised Transaction can no longer be revoked. To this extent, the time of receipt of the Transaction request (and therefore the time of consent) is the time when the “agree” button has been pressed (or such equivalent button or process).
6.4.3You acknowledge that your intended recipient of a Transaction from your Account is not required to accept the Transaction. If an intended recipient declines a Transaction from your Account, your Account will be re-credited with the amount of the Transaction and no Fees will be charged.
6.4.4If you receive funds into your Account that were not intended to be transferred to you, we will be entitled to remove these funds from your Account.
6.5 WITHDRAWING MONEY
6.5.1You must ensure that the payment details you enter when making a Withdrawal are correct and complete.
6.5.2 We will not be liable for withdrawn funds being sent to the wrong account where this is due to you providing incorrect payment details.
6.5.3 When withdrawing to a bank account, you must ensure that the account number, sort code, IBAN and/or BIC/SWIFT are correct. If you have withdrawn funds to the wrong account, you may request that we assist you in reclaiming the funds. However, we will charge you an administration fee of up to 25 USD for doing so and we cannot guarantee that the reclaim efforts will be successful.
6.6 SENDING LIMITS
6.6.1 We may, at our discretion, impose limits on the amount of transactions you conduct through the Zendit Services. Please see our Help Centre for more details on limits. If we have authenticated your identity, we may increase your transaction limits. These limits may change from time to time in Company’s sole discretion. You will be notified of any limit changes to the extent required by applicable law.
6.6.2 You also acknowledge that for security purposes, certain of our Transaction options impose minimum and maximum limits on the amounts that may be transferred. We reserve the right to impose limits on the amount of any Transaction and the frequency you may use a particular Transaction option. Further information is available on the Website. These limits are subject to change from time to time without notice.
6.7 TRANSACTION REVIEWS
6.7.1 We review account and transaction activity at various times, including when you initiate a transfer of funds out of Zendit. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this Agreement.
Reviews may result in:
  1. delayed, blocked or cancelled transfers;
  2. funds being held by Zendit;
  3. funds being applied to a negative Zendit account balance or used to offset loss incurred by Zendit;
  4. account suspension or termination;
  5. funds being seized to comply with a court order, warrant or other legal process; and/or
  6. funds you previously received being reversed (i.e., sent back to the sender’s Zendit balance or to the card or bank account that was used to fund the payment).
6.7.2 Among other reasons, we may take the above actions if you knowingly or unknowingly received a payment that was made from a stolen card, compromised bank account, or compromised Zendit account, or if you conducted a Prohibited Business Transaction.
6.7.3 In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to funds in it until verification is completed.
6.8 FEES FOR SENDING MONEY
6.8.1 We may charge you the standard Fees set out on our Website for each Transaction. You authorise us to debit from your Account any applicable Fees at the time of a Transaction. We may also charge you certain administration Fees, including, but not limited to, in relation to ongoing management of inactive accounts, debt collection and reprocessing charges in case of insufficient funds.
6.8.2 All Fees will be charged in the currency of your Account and you agree that we may debit by way of set-off from your Account any Fees, charges or other amounts owing to us and payable by you in connection with the Zendit Service.
6.8.3 All Card Fees will be charged in the currency of your Account, regardless of the currency of the Card or the Transaction. You may be subject to third party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees that a bank may charge if your payment is rejected.
6.8.4 We reserve the right to change the Fees from time to time, which will be implemented in accordance with Section 2.2. Updates will be indicated on the Fees page of our Website. Changes to the reference exchange rate shall apply immediately, without prior notice.
6.9 PAYMENT MENTHODS
6.9.1 Your Zendit balance consists of the funds you have in your Zendit account that are available for new transactions and are not subject to pending transactions.
6.9.2 When you make a payment through the Zendit Services, we first see if your Zendit balance can cover the transaction. You may also be able to fund payments with a bank account, debit card or credit card, designating one of these to be your preferred payment method.
6.9.3 We always use your Zendit balance first if the balance is sufficient to cover your payment. If there is not enough money available in your Zendit balance to cover the transaction, we use your designated preferred payment method to make the payment in its entirety. This payment method may differ depending on the type of payment you are making.
6.10 DEBIT/CREDIT CARD PROCESSING
6.10.1 Zendit will process your debit card-funded transactions through either the debit card’s network or the Visa/Mastercard network, as Company may elect at its discretion.
6.11 CARD EXPIRY
If your credit or debit card account number changes or your credit or debit card expiration date changes, we may acquire that information from our financial services partner and update your account accordingly.
6.12 REFUSED AND REFUNDED TRANSACTIONS
6.12.1 When you send money, the recipient is not required to accept it. You agree that you will not hold Company liable for any damages resulting from a recipient’s decision not to accept a payment made through the Zendit Services.
6.12.2 If a recipient of funds is not a Zendit user and does not register for the Zendit Services, Zendit will return your funds in 7 days. If the recipient does not register, set up an email address or mobile number and accept the transfer within 7 days, the transaction will be cancelled. During this period, a hold will be placed on your account for the amount of the transfer and the applicable fee, if any.
6.12.3 Once the recipient has successfully registered as a Zendit user, transfers will automatically be debited from your account and credited in the recipient’s account. We will return any unclaimed, refunded or denied payment within 7 days of the date you initiate payment. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your balance or to the original payment method.
6.13 ACCOUNT BALANCES
6.13.1 You do not need to maintain a balance in your account in order to make payments. If you do hold a balance, Company will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make your funds available to its creditors in the event of bankruptcy.
6.13.2 While your funds are in our custody, Company will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in Company’s name.
6.14 NOTIFICATION
6.14.1 Zendit is entitled to send you “push notifications” and SMS notifications relating to your access to and use of the Zendit. Application and any updates on related services.
6.14.2 Zendit is deemed to have sent the Notification to you, even if you are unable to or do not receive the Notification for whatever reason
7. CURRENCY EXCHANGE
7.1 When you register your Account, you have a default geolocation currency and an option of choosing from a list of currencies, which will be the currency in which your Account will be denominated.
7.2 If you use your Card to make a Transaction in a currency other than the currency of your Account, then such a Transaction will be converted to the currency of your Account on the day we receive final settlement for the Transaction (typically 72 hours after you make the Transaction). You will receive an estimate of the converted amount at the time you make the Transaction, but this may be less, or more, than the final amount deducted from your Account due to exchange rate fluctuations. We will use Visa or Mastercard authorised rates applicable for such a Transaction. A foreign exchange fee will also apply (see the Fees section for further details).
8. CHARGEBACKS, NEGATIVE BALANCES AND REFUNDS
8.1 If you choose an upload method using a payment method that may be subject to a right to claim funds back (a "Chargeback") such as (but not limited to) credit or debit card or direct debit, you declare that you will not exercise such Chargeback other than for unauthorised use of the payment method or for a breach by us of these Terms of Use which would result in you having a right to a refund of the uploaded amount. Otherwise, you may not Chargeback any upload transaction or allow Chargeback of any upload transaction for reasons for which we are not responsible including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment method account. We reserve the right to charge you fees and expenses we incur in connection with such Chargeback and any action undertaken to challenge the same. We may also charge you a Chargeback fee of £25.
8.2 Without limiting our rights or remedies, if you do charge back, cancel, reverse or de-authorise a payment in such circumstances, you are responsible for refunding the payment to us. We may, at our discretion, recover the amount by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you or may take other legal actions to collect the amount due, to the extent allowed by applicable law.
9. THIRD PARTY PROVIDERS
9.1 You can instruct a Third Party Provider to access information on your Account or make payments from your Account as long as it is open and transparent about its identity and acts in accordance with the relevant regulatory requirements (but unless we say otherwise, you must not give your security details to a third party). We will treat any instruction from a Third Party Provider as if it were from you.
9.2 We may refuse to allow a Third Party Provider to access your Account if we are concerned about unauthorised or fraudulent access by that Third Party Provider. Before we do this we will tell you and explain our reasons for doing so, unless it is not reasonably practicable, in which case we will tell you immediately afterwards. In either case, we will tell you in the way in which we consider most appropriate in the circumstances. We won’t tell you our reasons where doing so will undermine our reasonable security measures or otherwise be unlawful. We may make available to a Third Party Provider a specific means of accessing your Account. If we do, and it tries to access your Account by a different way, we may refuse to allow that access.
9.3 If you think a payment may have been made incorrectly or is unauthorised, you must tell us as soon as possible even where you use a Third Party Provider.
10. BILL PAYMENT
10.1 You may make payment (“Bill Payment”) from your Wallet Account to certain third party billing organisations (“Billing Organisations”) or make a charitable donation (“Charitable Donation”) from your Wallet Account to certain third party charitable organisations (“Charitable Organisations”). You may also make payment from your Wallet Account for goods or services (“Merchant Payment”) purchased from certain third party merchants (“Merchants”), online merchants who accept payment made via the Zendit! Application (“Online Merchants”) and certain third party merchants with QR Code-enabled NETS Terminals who accept payments made via the Zendit Application’s Scan and Pay with QR Code function.
10.2 In these Terms, Billing Organisations will be individually referred to as a “Billing Organisation”, Charitable Organisations will individually be referred to as a “Charitable Organisation”, Merchants will individually be referred to as a “Merchant”, Online Merchants will individually be referred to as an “Online Merchant” and NETS Merchants will individually be referred to as a “NETS Merchant”. Merchants, Online Merchants and NETS Merchants will be collectively referred to as “All Merchants”.
10.3 In order to make the Bill Payment, you will be required to enter the relevant consumer reference number with each Bill Payment transaction and you will be responsible for the accuracy of the consumer reference number. Zendit will not be liable for a Bill Payment made with a consumer reference number entered incorrectly. It is your responsibility to approach the respective Billing Organisation.
10.4 For each Charitable Donation transaction, you may be required to provide your full name which will be sent to the Charitable Organisation for the purpose of tax deduction filing (if any) by the Charitable Organisation. Zendit will not be responsible for your tax deduction filings (if any). You acknowledge and accept that your donations to the Charitable Organisations may not be eligible for tax deduction and you are responsible and will check with each Charitable Organisation individually for their tax deduction eligibility.
11. KEEPING YOUR ACCOUNT SAFE
11.1 It is your responsibility to keep your account safe; you must not give it to anyone else to use. You must take all reasonable precautions to keep your Account ID Information confidential and secure. This includes ensuring the ongoing security of your Account ID Information and your personal computer device for accessing the Internet. You are required to change your password regularly and to use up to date virus, malware and spyware scanning software and firewall protection to reduce the risk of a security breach.
11.2 If you suspect that someone else knows your Account ID Information, or either it or your Card has been lost, stolen, misappropriated, used without authorisation or otherwise compromised you are advised to change your password. You must contact the Customer Contact Centre without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your Account ID Information. Any undue delay in notifying us may not only affect the security of your Account but may result in you being liable for any losses as a result where your failure to notify us is intentional or grossly negligent. If you suspect that your Account was accessed by someone else, you should also contact the police and report the incident.
12. PROHIBITED TRANSACTIONS
12.1 It is strictly forbidden to send or receive payments as consideration for the sale or supply of: tobacco products, prescription drugs, drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, pornography, adult material, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, multi-level marketing, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party, un-coded/miscoded gaming, timeshares or property reservation payments (On and Off Plan). We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms of Use or an acceptable use policy published on the Website.
12.2 You may not use our services if you are residing in certain countries. These countries may be listed on the Website and updated from time to time. This list is not exhaustive and we may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice. We reserve the right to suspend or terminate your Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.
12.3 It is strictly forbidden to use your Account for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.
12.4 You may only accept payments for certain categories of business after approval from us in our sole discretion. Such business categories include but are not limited to: money exchange or remittance businesses, including but not limited to bureaux de change, currency exchanges and purchase of travel money; the collection of any form of donations or payments to charitable or not-for-profit organisations; dealing in natural resources such as jewels, precious metals or stones; live streaming; the sale or supply of alcoholic beverages; the sale of supply of dietary supplements and alternative health products; any other business category published in an acceptable use policy on the Website from time to time. In case you are in doubt whether your business falls under any of the above categories, you must contact Customer Service. We reserve the right in our sole discretion, to add business categories requiring approval by adding such categories either to these Terms of Use or an acceptable use policy published on the Website.
12.5 If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section or without the necessary approval, we reserve the right to: reverse the transaction; and/or close or suspend your Account; and/or report the transaction to the relevant law enforcement agency; and/or claim damages from you; and charge you an administration fee if we apply any of the above.
12.6 It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.
13. SUSPENDING OR CLOSING YOUR ACCOUNT
You have the right to close your Account and thereby terminate your agreement with us (and your right to use the Zendit Service) at any time.
13.1 HOW TO CLOSE YOUR ACCOUNT
13.1.1 As long as there are no pending or in progress transactions, you may close your account at any time. You may close your account by logging into your account clicking on the “Settings” tab, clicking on ‘Account’, clicking on the “Delete Account” link, and then following the instructions; however, you must withdraw your balance prior to closing your account.
13.1.2 If you close your account without withdrawing your balance you will not be able to access your Account but you may withdraw any remaining funds by contacting the Customer Contact Centre and requesting that the funds are sent to you in a manner that is reasonably acceptable for us.
13.1.3 If you want to access your transaction history after the closure of your Account, you will need to contact the Customer Contact Centre s and request the information, You may do so for a period of six years from the date of closure of your Account but we suggest that you withdraw your remaining funds as soon as possible as they will not earn any interest while in your Account.
13.1.4 We reserve the right to terminate these Terms of Use and thereby close your Account by giving you two (2) months’ prior notice. Where termination is as a result of an event, act or omission that renders the Terms of Use unenforceable, void or discharged (including as a result of illegality or change of law) we reserve the right to terminate the Terms of Use and close your Account with immediate effect.
13.1.5 Notwithstanding the above, we may, at our discretion, suspend or limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to make Transactions on your Account, suspending or terminating your Card, and limiting your payment options) remove you from and/or not allow you to participate in any or all of our benefit schemes (including, without limitation, our reward scheme and our promotions) or close your Account, at any time, without notice, in any of the following circumstances:
13.2 YOU BREACH ANY OF THESE TERMS OF USE
13.2.1 If we have reasonable grounds to believe that your Account has been used without your authorisation, or in connection with an unauthorised or unusual Transaction or unauthorised or unusual credit card or bank account use (including without limitation, notice of the same by your bank or credit card issuer).
13.2.2 If we have reasonable grounds to believe that your Account has been used in connection with a prohibited transactions as stated in Section 12.
13.2.3 If at any time we determine that you have provided us with any false, inaccurate, incomplete or misleading information or any name, bank account or credit card information that you are not legally authorised to use.
13.2.4 Abuse by you of the reversal or charge back process provided by your bank or credit card company or any similar behaviour where a Upload is de-authorised, reversed or cancelled after having authorised a Payment or Withdrawal of those funds.
13.2.5 E-money being credited to your Account as the result of fraud.
13.2.6 You refuse to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested.
13.2.7 We can no longer process your Transactions for any legal or security reason or due to the actions of any third party.
13.2.8 An event, act or omission occurs that renders these Terms of Use unenforceable, void or discharged (including as a result of illegality or change of law) or
13.2.9 To comply with money laundering or terrorist financing investigations or prohibitions issued by any government authorities, agencies or commissions.
13.3 Subject to section 13.4, if we close your Account, we will notify you before doing so, either by email or by letter according to the most recent contact address that you have provided and return to you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the limitation or closure) in accordance with your instructions.
13.4 In certain circumstances, we may be prohibited from notifying you that your Account has been suspended or closed. In such circumstances, we will endeavour to inform you as soon as we are able. Where an Account is suspended, we may, at our discretion, lift the suspension provided we are satisfied that the circumstances giving rise to the suspension no longer exist.
13.5 If you have or have had an Inactive Account for a period of 38 months or more, in accordance with the Terms of Use, your Account will be closed. Any Account Inactivity before this version of these Terms of Use came into force shall be included in the calculation of such periods. After the closure of your Account, we will notify you using the last details you provided to confirm that your Account has been closed.
13.6 If there is a positive balance in your Account at the time your Account is closed for any reason, these will be returned to you by the method you instruct (less the normal applicable Fees) provided the funds are not subject to any restriction.
13.7 Any funds which remain unclaimed for a period of six years following closure of your Account shall expire and be forfeited.
13.8 If an Account has been closed, for any reason, no further Transactions will be possible (except to return to you the funds in your Account in accordance with these Terms of Use). In the event that a Fee is incurred or Transaction made on your Account prior to closure, you will be liable to pay any such sums to us on demand, notwithstanding the closure of your Account. This provision shall survive termination of the relationship between you and us.
13.9 Save as indicated otherwise within these Terms of Use, on closure of your Account, these Terms of Use will cease to apply and you will cease to be a Member. If you wish to become a Member again, you will need to reregister and open a new Account.
14. LIMITATIONS ON CLOSING YOURACCOUNT
You may not close your account to evade a payment investigation. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect Company or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
15. PRIVACY
You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment services to you. This does not affect our respective rights and obligations under data protection legislation. You may withdraw this consent by closing your Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.
Our Privacy Policy (which can be found on the Website) forms part of these Terms of Use and you should review the policy referred to in this policy, hereof prior to agreeing to these Terms of Use.
You acknowledge and accept that:
(i) when speaking to our Customer Contact Centre agents, your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes;
(ii) for fraud and security purposes your records are kept by us even after your Account is closed; and
(iii) for identity validation and verification purposes, the following information may be provided to Merchants with whom you make a Transaction: name, Account number, jurisdiction, country of residence, nationality, residential address, postal code, email address, date of birth, and/or IP address.
16. CHILDREN’S PRIVACY
16.1 Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 16 to register for the Zendit Services. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address.
16.2 No one under age 13 is allowed to provide any personal or payment information to us through the Zendit Services. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the “Contact Us” section.
17. REWARD OR PROMOTIONAL PROGRAMS
From time to time, we may offer reward programs or other promotional programs. Such programs will be subject to the program rules. We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion.
18. ACCOUNT RESTRICTIONS
18.1 You agree to use your Account in accordance with the provisions of these Terms of Use and any other instruction we may reasonably give you regarding the use of the Zendit Service. Without prejudice to the generality of the previous sentence, you agree and acknowledge that you are prohibited from:
18.1.1 Using the Zendit Service to obtain a cash advance (or assisting others in such activity);
18.2.2 Using the Zendit Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection;
18.2.3 Sending unsolicited email or similar methods of mass messaging (spam);
18.2.4 Using the Zendit Service for any prohibited transactions as stated in this policy;
18.2.5 Harassing or engaging in obscene, rude or abusive behaviour against us or any of our representatives; and
18.2.6 Tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the Zendit Service, or attempting to do any of the foregoing.
19. USING Zendit WITH APPLE’S SIRI
19.1 You may use certain Zendit Services via iMessage and Siri on iPhones running iOS 10 or higher on which the Zendit app has been installed. Such use is subject to Apple’s applicable terms and conditions for use of iMessage and/or Siri and the terms of this Agreement, including, without limitation, those set forth below.
19.1.1If you choose to use Siri or iMessage to send payments via Zendit, you must permit Zendit to integrate with iOS, and you authorize Zendit to share some of your Zendit account data (including your friends list, list of persons you have transacted with most recently and most frequently, transaction instructions and transaction notes) with Apple to allow it to facilitate transaction requests made through Siri on iOS. Data shared with Apple will be used pursuant to Apple’s then-current user agreements and privacy policies.
19.1.2You can grant or revoke Apple’s access to Zendit on iOS at any time under the “Siri” or “iMessage” settings on your iPhone.
19.1.3Payment recipients do not need iOS 10 or an iPhone, but their device must have the ability to receive text messages from you and be able to access the internet. In addition, the recipient must have a Zendit account in order to accept the payment. If a recipient without a Zendit account attempts to accept funds, he or she must create a Zendit account first.
19.1.4If a payment sent in iMessage is not accepted within three (3) days, it will be cancelled automatically. You may cancel a payment sent via iMessage any time prior to it being accepted by going to Incomplete in the Zendit app menu, selecting the relevant payment and cancelling it.
19.2 PRIVACY SETTINGS FOR TRANSACTIONS IN IMESSAGE AND SIRI
19.2.1 When sending or requesting a payment via iMessage, the privacy setting for the transaction will be the default privacy setting (public, friends or participants only) for your Zendit account. You can change your privacy setting for any individual Zendit transaction while in iMessage prior to confirming and submitting your transaction details. You can also change your default privacy setting in the privacy section of your Zendit account settings.
19.3 SERVICES VIA SMS OR MOBILE DATA
The Zendit Services allow you to send and receive payments through your mobile phone via SMS or mobile data plan. If you use the Services on your mobile phone, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the Zendit Services.
20. WARRANTIES, LIABILITIES AND DISCLAIMERS
20.1 We reserve the right to validate and verify any of the information that you provide to us with third parties at any time.
20.2 We shall make reasonable efforts to ensure that debits and credits to your Account are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. For example, as your Card is linked to your Account, your Card may not work if there are problems with the Zendit Service. We make no representations or warranties as to continuous, uninterrupted or secure access to the Zendit Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade, outages or maintenance.
20.3 We assume that prior to opening your Account you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the Zendit Service and you agree to pay us, our affiliates, holding companies, subsidiaries, agents and subcontractors, the amount of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by us, our affiliates, holding companies, subsidiaries, agents or subcontractors as a result of your use of the Zendit Service in violation of any law or regulation. This provision shall survive termination of the relationship between you and us.
WE MAKE NO EXPRESS WARRANTIES, GUARANTIES OR CONDITIONS TO YOU WITH RESPECT TO THE NETELLER SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT WHERE IMPLIED OR STATUTORY WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW. 20.4 In the case of an unauthorised payment or a payment that was incorrectly executed due to an error by us, we shall, as soon as practicable, refund the payment amount including all fees deducted therefrom. This shall not apply:
20.5 Where the unauthorised payment arises from your failure to keep your Account ID information safe in accordance with these Terms of Use, in which case you shall remain liable for the first £35 GBP (or equivalent in the currency of your Account) unless section 20.7 applies;
20.6 f you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of your Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred until you notify us;
20.7 If the transaction was unauthorised but you have acted fraudulently or compromised the security of your Account with intent or gross negligence, in which case you shall be solely liable for all losses; or
20.7 If you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within 13 months from the date of the transaction.
20.8 Unless you have acted fraudulently, this section shall not apply to transactions made after you have notified us in accordance with this section, where we have failed to provide you with appropriate means for notification or we are required to use strong customer authentication but fail to do so, in which case we shall remain liable and refund any unauthorised transaction to you as soon as practicable.
20.9. Subject to the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
20.10. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
20.11. Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
20.12. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the Account, the Card or services provided in these Terms of Use.
20.13. Re-imbursement. You agree to defend, reimburse or compensate us and hold us and our other companies in our corporate group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents' breach of these Terms of Use, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.
20.14. Notwithstanding the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
20.15. Our obligation under these Terms of Use is limited to providing you with an electronic money account, the Card and related payment services and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a Zendit customer or intermediary.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Company is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
20.16. We confirm that Skynet technology Ltd retains all right, title, and interest in and to all trademarks, trade names, logos, Website designs, text, content and graphics, and other intellectual property rights used by us in relation to the Zendit Service and any use, reproduction, modification, or distribution by you of such trademarks, trade names, logos, Website designs, text, content, graphics, or other intellectual property rights, is prohibited.
21. COMPLAINTS PROCEDURE
21.1 We refer you to our complaints procedure referred to in this section hereof for any complaint or dispute you may have concerning your Account. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting the Customer Contact Centre. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by post or by email within 48 hours of receiving your complaint in accordance with our complaints procedure. A copy of our Complaints Policy is available on our Website.
21.2 We endeavour to provide you with an answer or resolution to your complaint within the timeframes. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
22. GENERAL
22.1 We may engage the services of one or more affiliates, holding companies, subsidiaries, agents or subcontractors in order to fulfil our obligations.
22.2 These Terms of Use shall be governed by the laws of England. All disputes arising out of or relating to these Terms of Use shall be resolved by the English Courts.
22.3 We may send communications and notices to you at the email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these Terms of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given ten (10) Business Days after the date of mailing.
22.4 These Terms of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms of use.
22.5 These Terms of Use and the policies referred to in this terms constitute the entire agreement between us and you with respect to the Zendit Service and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Use and the version on the Website, the version on the Website will prevail.
22.6 Our delay or failure to exercise or enforce any right under these Terms of Use shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
22.7 The rights and remedies available to us in these Terms of Use are cumulative and are in addition to any other right or remedy available to us at law or in equity.
22.8 You may not transfer, novate, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use. We reserve the right to transfer and assign these Terms of Use, and you agree that we may assign any rights or novate any obligations hereunder to one of our group companies, without your further consent.
22.9 No provision in these Terms of Use creates a partnership between you and us or makes either of us or you the agent of the other for any purpose. You have no authority to bind, to contract in the name of, or to create liability for us in any way for any purpose.
22.10 In the event that any part of these Terms of Use is held not to be enforceable, this shall not affect the remainder of these Terms of Use which shall remain in full force and effect.
22.11 In the event these Terms of Use are available in a language other than English, all versions are legally binding; if there is any inconsistency between the English Language version and a translated version, the English Language version will prevail.
23. Zendit SUPPORT
Our Customer Contact Centre is open 24 hours a day, 7 days a week. You can find contact details on the Website. If you have questions or concerns regarding this Agreement or your Zendit account, or any feedback that you would like us to consider, please email us support@gozendit.com
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