These are the terms and conditions (“Terms and Conditions”) for the e-Pocket Web and mobile application and our services. These also set out other important things that you need to know.
These terms and conditions (“Terms and Conditions”), along with the Privacy Policy and any other terms and conditions that apply to our services, form a legal agreement (the “Agreement”) between:
you, the user; and
Apartment 149, The Academy, Park West Pointe Dublin 12, Dublin 12, Dublin D12 KA02, Ireland.
By signing up for the services and using the Web or app, you are accepting and agreeing to be bound by these terms and conditions. These terms and conditions apply whenever and however you access our services or other information. You can at any time, and at no cost, stop using our services by requesting to delete your account or ending these terms and conditions (see Section 10).â€Â
About usâ€Â
We are an Ireland-based company registered under licence number 0540745997 (Republic of Ireland), with registered office at Apartment 149, The Academy, Park West Pointe Dublin 12, Dublin 12, Dublin D12 KA02, Ireland (www.e-pocket.com/eu – support@e-pocket.com) registered with Belmoney SA as a payment institution regarding the status and supervision of e-money and payment institutions.
The best way to contact us is by phone (+37070044723) or email (support@e-pocket.com). Please see the “Support†section of the App or the “FAQ†section of our Website for more details.
1. DEFINITIONS
In this Agreement we will refer to e-Pocket as “we†or “us†and we will refer to you, the user of the Services, as “youâ€Â.
“Web portal†means the e-Pocket Website application.
“App†means the e-Pocket mobile application.
“Business Day†means a European business day, ending at 17:00 EEST.
“Payment Method†means a valid method of payment (including but not limited to a debit card or the Wallet) used to fund a Payment Instruction, to load funds onto the Wallet or to transfer money overseas.
“Recipient†means someone who receives funds from a transaction.
“Security Details†means the security credentials associated with your account with us, including your password and any other login information that we may choose to accept from time to time (including Two-Factor Authentication code).
“Sender†means someone who uses the Services to complete transactions.
“Services†means the e-Pocket services.
“Service Fee†means our fee which will be presented to you before paying for a Service.
“Transaction History†means the record of your transactions on our App and Web portal.
“Wallet†is an e-wallet or digital wallet registered in your name on the platform, which enables you to load and hold funds in the currencies supported through the Web portal or app for the purpose of a future transaction.
2. USING THE SERVICES
2.1. The Services allow you to:
2.1.1. Open an account with a Wallet to store a balance (in supported currencies);
2.2. To register for the Services, create an account on a Web portal or download the App (e.g. from the Apple App Store or Google Play) and follow the instructions.
2.3. Once you have registered for the Services and have logged into the account, you can:
2.3.1. Load money onto your Wallet using a Payment Method;
2.3.2. Get a refund of your Wallet balance;
2.3.4. View your Transaction History; and
2.3.5. Manage your use of the Service.
2.4. These Terms and Conditions apply individually to each Transaction.
2.5. Updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App.
3. YOUR OBLIGATIONS
3.1. You must be 18 years old to use the Services.
3.2. We are required by law to carry out security and customer due diligence checks on you (and other parties, for example, the Recipient) in order to provide our Services. We may verify your residential address and personal details to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy. You agree:
3.2.1. To provide us with accurate and truthful information about yourself and any identity documents we ask for;
3.2.2. To promptly update your personal information (including your address) if it changes;
3.2.3. To comply with any requests for further information and documents we require; and
3.2.4. That we may, directly or through a third party, make any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports.
3.3. You consent to us processing, transmitting, and using your personal data for the purposes of providing the Services. Please see our Privacy Policy.
3.4. You must make every effort to keep your Security Details safe and prevent unauthorised access to the Services by:
3.4.1. Changing your password regularly and ensuring your password is not reused for other online services;
3.4.2. Not sharing your Security Details with anyone, including us, and informing us immediately if anyone asks you for your Security Details;
3.4.3. Setting up Two-Factor Authentication where prompted;
3.4.4. Keeping your email account secure and informing us immediately if your email address becomes compromised;
3.4.5. Contact us immediately if you suspect your Security Details have been stolen, lost, used without your authorisation, or otherwise compromised. If this happens you should change your Security Details;
3.4.6. To contact us quickly, use the details in the “Support†section of your account on Web portal or App and/or the “FAQ†section of our Website. Any delay in telling us affects the security of your account and data (including your Payment Method) and makes you responsible for any financial losses.
3.5. You must not:
3.5.1. Use our Services in connection with illegal activity, including but not limited to money-laundering, fraud, and the funding of terrorist/proliferation activities and/or organisations;
3.5.2. Use our Services in connection with sexually oriented materials or services, gambling activities, or buying or selling tobacco, tobacco-related products, firearms, prescription drugs or other controlled substances;
3.5.3. Misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful or attempt to gain unauthorised access to our Website, our servers, computers or databases;
3.5.4. Create more than one registration without our prior written permission;
3.5.5. Use the Services to make transactions on behalf of someone else;
3.5.6. Let someone else use your Security Details and make transactions through the App or Web portal (if you do this we will assume it is you and we will not be responsible for any losses you incur as a result of misuse or disclosure of information about your account by that third party);
3.5.7. Use the Services to complete transactions on behalf of someone else;
3.5.8. Let someone else use your Security Details and complete transactions through the App (if you do this we will have to assume it is you and we will not be responsible for any losses you incur as a result of misuse or disclosure of information about your account by that third party);
3.5.9. Provide false, inaccurate, or misleading information; or
3.5.10. Refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation.
4. e-POCKET PAYMENT SERVICES
Loading the Wallet
4.1. You can load your Wallet using a Payment Method in your name, accepted on our system.
5. e-Pocket Transactions
5.1. Provide information about the wallet address provided by the recipient’s service provider which the funds will be sent to. If you enter the wrong details you will send the funds to the wrong account and we will not be able to recover them.
5.2. There may be a short delay between you sending the funds and those funds being delivered to the Recipient account. We will send you a confirmation of the details as soon as your transaction has been successfully completed.
Cancellation
5.7. When you use our Services, you expressly request and consent to us immediately sending the funds to the Recipient’s account. Once you confirm your order, we start to send the funds, and they cannot be recalled. You acknowledge that, once you have asked us to send the funds, you have no right to cancel the transaction.
6. OUR RIGHT TO REFUSE, DELAY OR SUSPEND A PAYMENT INSTRUCTION OR THE SERVICES
â€ÂLimits
6.1. You agree that we may apply limits to the amount you can load onto your Wallet.
Delays
6.3. We may delay or suspend a Service including (but not limited to):
6.3.1. To verify your identity;
6.3.2. To respond to any security alerts which we receive in relation to your use of the Services;
6.3.3. To validate your Payment Instruction or instruction to send funds;
6.3.4. Due to system outages within our Service Providers; and/or
6.3.5. Otherwise to comply with applicable law.
6.3.6. We will attempt to maintain up to date information regarding the availability of Service Providers by means of information on our Website or our App.
Refusing a Payment Instruction or suspending the Services
6.4. We may refuse any request to load funds to your Wallet or any Payment Instruction, or suspend your use of the Services if we believe that:
6.4.1. It would put you over any applicable limits;
6.4.2. It would contravene these terms and conditions;
6.4.3. It is unauthorised (e.g. someone else is trying to use the Services without your permission);
6.4.4. It is fraudulent (including where we we suspect that you may be a victim of a scam);
6.4.5. You may be acting illegally; or
6.4.6. We are required to do so by law.
6.5. We will generally inform you before or immediately after refusing a Payment Instruction or suspending your use of the Services, and provide our reasons for doing so. However, we will not provide reasons or any information if doing so is against the law or compromise our security measures.
7. REFUNDS
Requesting Refunds
7.1. You can request a refund of a transaction within 28 days of the transaction occurring if:
7.1.1. Someone made a Payment Instruction without your permission; or
7.1.2. We fail to correctly initiate the transaction on time or direct it to the right Recipient and for the right amount, as set out on your confirmed Payment Instruction.
7.2. However, we may refuse a refund if we can show that:
7.2.1. You have acted fraudulently;
7.2.2. You intentionally or with gross negligence did not take reasonable steps to keep your Security Details secret;
7.2.3. You are asking for a refund of a transaction that took place before you told us that your login was being misused;
7.2.4. The Recipient received the money into their account at the Service Provider; or
7.2.5. There was a mistake in the Payment Instruction you gave us.
7.3. If you wish to request a refund for a transaction, you should do so immediately and in any event no later than 28 days after the transaction. A request for a refund for a transaction must be submitted in writing (by email) to the contact details listed in the FAQ section, giving the Sender’s full name, address, and phone number, together with the transaction number, amount of the transaction, and the reason for your refund request.
7.4. If we have executed the transaction in accordance with the Payment Instruction you provided, and that information was incorrect, we are not responsible for the error. We will make reasonable efforts to recover the funds if possible.
7.5. Refunds will be credited automatically to your e-Pocket wallet in the same currency used to fund the transaction.
7.6. We are not responsible for refunding transactions made using a Payment Service to pay bills or for goods/services unless it falls within Section 7.1 above.
Wallet
7.7. You can request a refund of any or all of the funds you loaded to your Wallet by contacting us. Promotional credits are not refundable.
7.8. If you request a refund of balance from your Wallet, the balance will be refunded to you in EUR on the day you request your refund.
8. CANCELLATION
If you believe there is an error or a problem with your transaction you should contact us as soon as possible.
Call us at +37070044723; or,
Send us an email to support@e-pocket.com ; or,
Write us at Apartment 149, The Academy, Park West Pointe Dublin 12, Dublin 12, Dublin D12 KA02, Ireland.
You must contact us within 180 days of the date we promised to you that funds would be made available to your recipient. When you do, please tell us:
1. Your name and email address;
2. The error or problem with the transfer and why you believe it is an error or problem.
3. The name of the person receiving the funds, and if you know, his or her telephone number or address;
4. The dollar amount of the transfer; and,
5. The reference number for the transfer as shown on the receipt we provided you at the time of the original transaction.
We will determine whether an error occurred within 90 days after you contact us and we will correct any error promptly. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of any documents we used in our investigation. You have the right to cancel a transaction and obtain a refund of all funds paid to us, including any fees. In order to cancel you must contact us at the number or email address shown above before we deposit funds to a bank account.
9. OUR RESPONSIBILITY
9.1. We agree to provide the Services to you using reasonable care. You acknowledge that the Services may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
9.2. Where we have materially breached this Agreement causing a loss to you, we will refund you the amount you paid in your transaction. Any claim for compensation made by you must be supported by any relevant documentation.
9.3. Where we have materially breached these terms and conditions, causing a loss to you, we will refund you the transaction amount and any Service Fee charged. Any claim for compensation made by you must be supported by any relevant documentation.
9.4. If any loss that you suffer is not covered by a right to a refund, our liability is limited to the greater of: (i) the amount of any Service Fee that was paid to us; or (ii) EUR 50. This liability cap applies to any single transaction, act, omission, or events.
9.5. We are not, in any event, responsible for damages caused by:
9.5.1. Any failure to perform the Services due to abnormal and unforeseen circumstances outside our reasonable control, which may, for example, include delays or failures caused by problems with another system or network (including those of our Service Providers), mechanical breakdown or data-processing failures;
9.5.2. Non-payment or delay in payment to a Recipient or failure to perform a transaction or send funds under the Services if you are in serious breach of this Agreement;
9.5.3. A Service Provider;
9.5.4. Us meeting our obligations under any applicable laws, rules, or regulations; or
9.5.5. Errors on the Website or with the Services caused by incomplete or incorrect information provided to us by you or a third party.
9.6.We are not, in any event, responsible for any funds after they are made available to a Recipient (whether in the Recipient’s account or for collection via a Service Provider).
9.7. Notwithstanding anything to the contrary of these terms and conditions, we only supply our Services to you for personal and private use. If you use our Services for commercial, business or resale purposes, neither we nor our Service Providers (including our and their group companies, officers, agents, partners, contractors and employees) have any liability to you for lost profit, lost revenues, lost business, business interruption or lost business opportunity, or indirect or consequential damages. This is regardless of whether or not we had foreseen, or could have foreseen, or had been advised of, the possibility of such damages.
†10. CHANGES TO THESE TERMS AND CONDITIONS
10.1. We can make a change to these terms and conditions for any of the following reasons:
10.1.1. Because of a change in legal or regulatory requirements;
10.1.2. If the change benefits you or we think it will make these terms and conditions easier to understand;
10.1.3. To reflect a change in our costs of providing you with the Services;
10.1.4. To reflect changes in the way our business is run, particularly if the change is needed because of a change in our industry that affects how we want to deliver the Services to you;
10.1.5. In response to possible security risks relating to the Services;
10.1.6. Because we are changing or introducing new services or products; or
10.1.7. To respond to any other change that affects us, if it is fair to pass on the effects of the change to you.
10.2. We cannot anticipate every possible circumstance while you are registered for our Services. This means we may also need to make other changes. If we do, when we tell you about the change, we will explain how it will affect you.
11. ENDING THE AGREEMENT
11.1. This Agreement will continue until you or we end it.
11.2. You can end this Agreement at any time, free of charge, by contacting us in writing (by email) at the details in the About section.
11.3. We can end this Agreement and your access to the Services at any time, with 2 months’ notice.
11.4. We can end this Agreement and your access to the Services immediately if:
11.4.1. We reasonably believe you are using the Services fraudulently or illegally;
11.4.2. We must do so under any law, regulation, court order or ombudsman’s instructions;
11.4.3. If you have not given us any information we need, or we reasonably believe that information you have provided is incorrect or not true; or
11.4.4. If you have broken this Agreement in a serious or persistent way, and you have not put the matter right within a reasonable time of us asking you to.
11.5. We will inform you if we end the Agreement immediately as soon as we can, if the law allows us to do so.
11.6. When this Agreement ends, we will stop processing any new Payment Instructions and seek to refund any amounts held in your Wallet. We will continue processing Payment Instructions that were submitted and are still pending when the Agreement ends. Your payment obligations to us will continue after the Agreement ends.
11.7. If we are unable to refund amounts held in your Wallet to your payment method, and you do not provide us with information about how to return this to you within 1 year of the termination of this Agreement, you forfeit your right to a refund.
12. COMPLAINTS
12.1. If you have a complaint related to your use of the Services, please contact us via our Customer Service Team. We will acknowledge receiving your complaint promptly.
12.2. We will do our best to resolve your complaint as soon as possible, and send you a final response by email within 15 days of receiving the complaint. If, in exceptional circumstances, for reasons beyond our control, we need more time to respond, we will send you a holding reply within 15 days of receiving your complaint to let you know when you will receive our final response.
12.3. If you are unhappy with our final response you may refer your complaint to the Bank of Ireland.
12.3.1. Alternatively, you may be able to submit your complaint via the European Commission’s Online Dispute Resolution platform.
12.3.2. Finally, you may also refer your complaint to the FPS Economy – DG Economic Inspection (FOD Economie/SPF Economie), the supervisory authority for the rules of conduct relating to payment services (FPS Economy, SMEs, Self-Employed and Energy (FOD Economie/SPF Economie) – City Atrium C.
13. FEES AND EXCHANGE RATESâ€Â
13.1. You must pay any applicable Service Fees.
14. INTELLECTUAL PROPERTY
14.1. The Web portal, app and the Services, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks, and service marks) are owned by us, our affiliates, or third parties. All rights, title, and interest in and to the e-Pocket Website and the Services remain our property and/or the property of such other third parties.
14.2. The Web portal and app may be used only for the purposes permitted by these terms and conditions or described on our Website. You are authorised solely to view and to retain a copy of the pages of the app or Web portal for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the e-Pocket Website, App, Services, or any portion thereof for any public or commercial use without our express written permission. You may not: (i) use any robot, spider, scraper, or other automated device to access the App or the Services; and/or (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the e-Pocket Website (or printed pages of the Website). The name “e-Pocket†and other names and marks of ownership of e-Pocket’s products and/or services referred to on the e-Pocket Website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the Website may be trademarks of their respective owners, and therefore you should not use, copy, or reproduce them in any way.
15. ELECTRONIC COMMUNICATIONS
15.1. You acknowledge that this Agreement is entered into electronically, and that the following categories of information (“Communicationsâ€Â) may be provided by electronic means:
15.1.1. These terms and conditions (or Agreement) and any amendments, modifications or supplements to it;
15.1.2. Your Transfer History through the Services;
15.1.3. Any initial, periodic or other disclosures or notices provided in connection with the Services, including without limitation those required by law;
15.1.4. Any customer service communications, including communications with respect to claims of error or unauthorised use of the Services; and
15.1.5. Any other communication related to the Services or us.
15.2. The Services do not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Services will be terminated. To withdraw your consent, you must contact us by email.
15.3. Copy of terms and conditions: These terms and conditions are available for you to review at any time via the App or on our Website. We will email a copy of these terms to you when you first register for the Services. You can also ask us to email you a copy of these terms and conditions (including any modifications) at any time.
15.4. Security: If we have to contact you because of a suspected or actual fraud or security threat, we will do it by calling or texting your mobile number.
15.5. App: In the event of a conflict between information on the App and information on our Website, please rely on the information on the App.
16. GENERAL
16.1. Governing Law: These terms and conditions are governed by Republic of Ireland Law.
16.2. Disputes: If you want to take legal action against us in the courts, the courts of Ireland can deal with a dispute between us in connection with these terms and conditions and our Services.
16.3. No Third Party Rights: Only you and we have any rights under the Agreement.
16.4. Language: By default we will communicate with you in the language of your contract with us. You can communicate with us in any of the following languages: English, French, Italian, Spanish, German and any other languages as we may notify you of from time to time, using the contact details above (see the “About†section).
16.5. Waiver: If you have broken the Agreement and we do not enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.
16.6. Transfer of rights: You may not transfer any of your rights or obligations under this Agreement to anyone else. We may transfer or assign this Agreement and/or any of our rights under this Agreement at any time without your consent.
16.7. Entire Agreement: This Agreement is the entire agreement between you and us. It replaces any earlier understandings, agreements, or discussions between you and us about the subject matter of this Agreement, use of the App and/or our Services.
16.8. Severability: If any provision of this Agreement is found to be void, illegal or unenforceable, the remaining provisions will not be affected in any way.
Contact Information
Questions, notices, and requests for refunds or further information should be sent to e-Pocket, as follows: