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NETELLER Terms of use

Effective date from 06/09/2018

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 Paysafe Japan K.K. (the “NETELLER Service”). If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Customer Contact Centre at 03 4579 5524 (free of charges) or visit https://www.neteller.com/en-jp/support.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms of Use, the following words have the meaning set out beside them:

“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday in Japan.

"you" or "your" means the person to whom these Terms of Use shall apply.

“Member” means any person who meets all membership and eligibility requirements set out in these Terms of Use;

“Member Site” means the website accessed by Members using their Account ID Information, where Members can view their transaction history, deposit funds into their Account and make other Transactions;

“Customer Contact Centre” can be contacted on (toll free) 03 4579 5524 or by visiting https://www.neteller.com/en-jp/support

“Account” means your account with NETELLER which holds electronic money for Transaction.

“Account ID Information” means any and all of the following pieces of information: 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 Services Act means concerning of the law of payments services of Japan (Act No. of 59 at 2009)

“Payment” means any of the following: (i) 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 (ii) the crediting of an amount of electronic money to your Account and the concurrent debiting of a Merchant account, or another Member’s account;

“Transaction” means, as the context permits: (i) a Payment; or (ii) a Withdrawal; or (iii) a Deposit; and, in each case less any applicable Fees;

“month” means a calendar month;

“Subscription Billing” is a service whereby a Member requests that regular Payments be made from the Member’s Account at specified intervals to an online Merchant;

“Fees” means any and all fees and charges levied by us for your use of the NETELLER Service, as stated in the Fee Tables on the Website and which may be amended by us from time to time in accordance with these Terms of Use;

“Fees Table” means the tables of Fees published on our Website from time to time (and which can currently be found under the heading “Fees” on https://www.neteller.com/en-jp/fees );

“Website” means on www.neteller.com/jp or such other website through which we may offer the NETELLER Service from time to time;

“Merchant” means any commercial or business entity that is validly registered with the Paysafe Group companies, to accept Transactions from your NETELLER Account;

“Deposit” means the crediting of funds to your Account by purchasing electronic money;

“NETELLER”, “Paysafe”, “we”, “our”, “us” means Paysafe Japan K.K. with its registered as a Fund Transfer Business Operator under the Payment Services Act;

"Paysafe Group" means Paysafe Japan K.K., its holding companies and associated companies;

“Withdrawal” means removing funds from your Account by selecting one of the withdrawal methods available to you for Japanese residence as set out in the “Money Out” page of the Member Site;

1.2 These Terms of Use shall apply to all Members.

1.3 Section headings shall not affect the interpretation of these Terms of Use.

1.4 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. GENERAL

2.1 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.

2.2 We may find it necessary to change the Terms of Use from time to time and we will notify you of any changes by sending an e-mail to the primary e-mail address registered with your Account and by posting notice of the changes on our Website with a link to the amended Terms of Use. We will provide at least two (2) months’ notice before the proposed changes come into effect, however changes that make these Terms of Use suitable to your general interest shall come into effect immediately if so stated in the change notice. Changes to the exchange rates shall come into effect immediately without notice (all transactions involving currency conversion are calculated based on the average daily interbank market rate published by a third-party foreign currency data provider (Oanda) to which we add a Fee as set out in the Fees Table)

2.3 You will be deemed to have accepted any changes made to the Terms of Use unless you notify us to the contrary before they come into force. Should you disagree with the proposed changes, you have the right to terminate and close your Account immediately without charge before the proposed date of their entry into force. A notice from you that you do not agree to the changes will constitute notice that you wish to terminate your agreement with us and your Account will be immediately closed upon receipt of your notice to terminate. Any funds in your Account will be returned to you using such method as notified by you (subject to the normal applicable Fees).

2.4 You may review the current Terms of Use prior to initiating any Transaction at any time by clicking on the “Terms of Use” page on the Website which at the date of these Terms of Use can be found at: https://www.neteller.com/en-jp/policies/terms-of-use

The Terms of Use will show the most recent revision date. No revision will affect any Transaction that is outstanding as of the date of such revision. Use by you of the NETELLER Service indicates your agreement to these Terms of Use. We encourage you to print a copy of the Terms of Use for your future reference.

2.5 The following policies, as amended from time to time, are incorporated into and form part of these Terms of Use (and the term “Terms of Use” shall be deemed to incorporate such policies):

• Privacy Policy

• Complaints Handling Procedure

2.6 The latest version of each of these policies is located on the Website for your reference. At the date of these Terms of Use each of these policies can be found at:
https://www.neteller.com/en-jp/policies/privacy 

https://www.neteller.com/fileadmin/content/pdfs/Complaints_Handling_Procedure_NETELLER_Paysafe_Japan_Clean.pdf

2.7 Please refer mandatory disclosed information for Japanese user of NETELLER in accordance with the Payment Services Act. Please refer to this link.

Note: You cannot currently make a Deposit using a debit card.

3. NETELLER SERVICE

3.1 By accepting these Terms of Use and using the NETELLER Service you acknowledge that: (i) we are not a bank and your Account is not a bank account; (ii) Accounts are not insured by any government agency and the deposit insurance system in Japan; (iii) we do not act as a trustee, fiduciary or escrow holder in respect of balances in your Account; and (iv) we do not pay you interest on any balances in your Account.

3.2 Although you are not required to keep a balance in your Account, if you do have a balance in your Account, funds representing that balance are segregated and deposited to Japanese government with funds representing the balances of other Members in an account held by us pursuant to the requirements under the Payment Services Act. We are not permitted to pay any interest to you in respect of balances held in your Account;

3.3 It is forbidden to use NETELLER Service for the Payment that must receive the permission of the Minister of Finance and or Minister of Economy, Trade and Industry in accordance with Foreign Exchange and Foreign Trade Act (Act No. 228 of December 1, 1949)

4. NETELLER MEMBERSHIP

4.1 To become and remain a Member, you must:

4.1.1 be at least 20 years of age;

4.1.2 be a resident of Japan;

4.1.3 open an Account in accordance with the instructions set out in the registration page of our sign up Website including completing all requested information set out on the registration page;

4.1.4 maintain an active address, phone number and email address;

4.1.5 satisfactorily pass all of our required identity and security validation and verification checks; and

4.1.6 accept below section 4.5 of declaration and commitment

4.2 You may not permit any other person to use your Account. Unless we otherwise permit from time to time, you may not open more than one Account and we may, without notice, close any or all of the Accounts of a Member who has, or whom we reasonably suspect has, unauthorised multiple Accounts.

4.3 You will promptly update your Account details on the Website if your name, address, email address, phone number or bank account information changes.

4.4 We will conduct Customer Due Diligence such as KYC process in accordance with Act on Prevention of Transfer of Criminal Proceeds (Act No. 22 of March 31, 2007) and Foreign Exchange and Foreign Trade Act. You need to update promptly update your KYC details on the Website if your KYC information changes. Also you need to co-operate us for our suspicious activity reporting and implementing applicable processes.

4.5 You need to accept below items of declaration and commitment section (i) and (ii). If we suspect your declaration to be a false statement, you will be disqualified as a NETELLER Member, and we will stop your Transaction, your use of the NETELLER Service and will close your NETELLER Account. We will not be liable for any loss you may incur in connection with this process. It is entirely your responsibility.

(i) As of the time of Transaction, you declare to ensure that you do not and shall not in the future fall under the following categories;    

1. Boryokudan

2. Member of a Boryokudan

3. Quasi-member of a Boryokudan

4. Boryokudan affiliated company

5. “Sokaiya” racketeer groups, groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, or persons or entities similar to foregoing  

(ii) NETELLER MEMBER commits to ensure that the member themselves or through the use of third parties will not conduct in future any of the following actions;

  1. a demand with violence
  2. an unreasonable demand beyond the legal responsibility
  3. use of intimidating words or actions in relation to transactions
  4. an action to defame the reputation or interfere with the business of the Paysafe or any of its affiliates by spreading rumors, using fraudulent means or resorting to force
  5. other equivalent actions of the above

5. ELIGIBILITY of NETELLER Service

In order to use the NETELLER Service, you must:

5.1 be a Member; and

5.2 not be in breach of any Terms of Use or otherwise have access to your Account restricted, nor have had any previous Account closed by us.

6. USING YOUR ACCOUNT

6.1 Upon opening your Account, you can only spend to the value of the funds that you have deposited in your Account.

6.2 Purchasing electronic money

6.2.1You may purchase electronic money by bank fund transfer to our bank account. You must provide the information requested and pass all identity and security validation and verification checks. For any Deposit, you authorize us to obtain or receive funds on your behalf, and then issue electronic money to your Account.

6.2.2  You must not make a Deposit from, or a Withdrawal to, a payment instrument or bank account if you are not the named account holder. We take any violation of this requirement very seriously and will treat such actions as fraudulent acts. Without prejudice to claiming further damages, if we are required to: (i) return Deposit funds from a payment instrument or bank account that is not in your name; or (ii) investigate a Withdrawal to a payment instrument or bank account that is not in your name, we may charge an administration fee of [10 USD] per Deposit return.

6.3 Making Payments to and from your Account

6.3.1 You can make a Payment straight from your Account to a Merchant accepting NETELLER 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, directly from the website of a Merchant.

6.3.2 When 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.

6.3.3 The amount of any Payment made to your Account will be credited to your Account balance, less any applicable Fees. 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.

6.3.4 You are responsible for the accuracy of your instructions; we shall not be liable for any error you make when entering a recipient’s email details or the Payment amount.

6.3.5 You are fully responsible for any goods or services bought by you that are settled through your use of the NETELLER Service. Any dispute with a Merchant regarding any product or service bought by you through the NETELLER Service is between you and the Merchant and you agree that we shall not be a party to such dispute. We do not provide any warranties, representations, conditions or guarantees with respect to such goods and services.

6.3.6 Payments are subject to Fees and currency conversion fees depending on the method used. Please see section 7 for further details on Fees.

6.4 Subscription Billing

6.4.1 Some online Merchants may offer goods or services which can be paid for using Subscription Billing. This means that a Payment will be deducted from your Account at regular intervals. The amount of the Payment and the intervals at which the Payment will be deducted is determined by the relevant Merchant.

6.4.2 Subscription Billing is an arrangement between you and the relevant Merchant. If you wish to amend or cancel your Subscription Billing Payment or have any query or dispute concerning your Subscription Billing Payment, you may only do this by contacting the Merchant directly and the terms and conditions set by the Merchant will apply. Once you have contacted the Merchant you should inform us. We are unable to cancel or amend Subscription Billing Payments without the consent of the Merchant. You should not cancel or otherwise reverse a Subscription Billing payment without contacting the Merchant first. We will not be liable for any Subscription Billing Payment that is deducted from your Account before you have notified the Merchant of the cancellation. You will not be able to cancel a Payment that has already been made to a Merchant.

6.4.3 It is your responsibility to ensure that your Account has sufficient funds to make each of the Payments you have agreed to make using Subscription Billing. We shall not be liable for any fees, charges or fines you may incur as a result of there being insufficient funds in your Account to meet your obligations under a Subscription Billing arrangement. If your Account goes into a negative balance, the terms set out in section 9.3 shall be applicable.

6.4.4 A payment made by way of Subscription Billing is a “Payment” as defined in these Terms of Use and the normal Fees will be applied to each Payment.

6.5 The maximum payment amount

In accordance with Payment Services Act, the maximum payment amount through NETELLER Service is Yen 1,000,000 per Transaction. (or a Yen 1,000,000 equivalent of the foreign currency amount which is determined by us.)

6.6 Closing your Account and redeeming your funds

6.6.1 If you wish to close your Account, you may do so by notifying us in writing. You may redeem at par all of the balance of electronic money in your Account (excluding amounts that have not cleared your financial institution) by selecting one of the withdrawal options available to you as set out in the “Money Out” page of the Member Site.

6.6.2 We will process the Withdrawal request provided all identity and security validation and verification checks are successfully completed.

6.6.3 Depending on the method of Withdrawal you choose, a Fee may be applicable which will be deducted from the balance in your Account prior to Withdrawal.

6.6.4 You must ensure that the payment details you enter when making a Withdrawal are correct and complete. We will not be liable for withdrawn funds being sent to the wrong account where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account number and sort code 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.

6.7 Consent to the execution of a Transaction

You must give consent to the execution of a Transaction for it to be authorized.

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. All Transactions made using your PIN or your Account ID Information are deemed to be authorized by you. You also agree that once consent has been provided by you, the authorized 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).

6.8 We may refuse to execute any Transaction in the following circumstances:

6.8.1 we reasonably believe that you did not give us the instruction;

6.8.2 we reasonably suspect fraudulent activity;

6.8.3 your instructions are unclear, incomplete or not in the required form;

6.8.4 we suspect that that the Terms of Use have been violated; or

6.8.5 where we are otherwise required to do so by law or requirement of any applicable regulatory body.

6.9 Merchants may not be able to authorise a Payment if they cannot obtain online authorisation from us (for example, if they are unable to access the internet).

6.10 You are fully responsible for the instructions you give to us and as a result we may not be able to detect errors in your Transaction instructions. It is important that you ensure all the details entered in respect of any Transaction are accurate. Any Transaction will be deemed to have been correctly executed where it has been executed in accordance with your instructions. However, we may in some circumstances, be able to assist you in recovering the funds involved and will apply the relevant Fee for doing so, per the Fee Table. We are unable to recover funds incorrectly sent to another Member, unless the consent of the other person involved.

6.11 Transactions are final and are not reversible save in the following circumstances and at our sole discretion:

6.11.1 where we confirm there has been a Merchant error;

6.11.2 where there is illegal activity involving your Account; or

6.11.3 where you are in breach of these Terms of Use.

6.12 You acknowledge that certain of our Transaction options will require different types and levels of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to us applying our reasonable discretion in using and sharing relevant personal data to conduct such identity and security validation and verification checks if you choose such options.

6.13 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.

6.14 You must not engage in any of the following:

6.14.1 an actual or attempted act by you which is deemed by us to be collusion, abuse of bonuses or other promotions in respect of the NETELLER Service;

6.14.2 the opening of, or attempting to open, multiple Accounts in your name (unless with our prior written approval) or a bogus name;

6.14.3 the carrying out of false and/or artificial activity or Transactions (commonly known as “churning”).

6.15 You must only use your Account for personal purposes and not as a means to trade or run a business unless, in certain circumstances as determined by us, we give our prior written consent for you to do so.

7. FEES

7.1 We will charge you the 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. 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 NETELLER Service.

7.2 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.

7.3 If you have funds in your Account and have not made any Transactions from or to your Account for a period of 14 months (“Inactive Account” or “Account Inactivity”) we will charge an administration fee (“Administration Fee”). You will be notified of this one month in advance by email. The Administration Fee will be charged annually and will be deducted from the available funds in your Account (we will not, however, cause you to go into a negative balance). By way of example:

7.3.1 After your Account has been inactive for 14 months, we will apply an Inactive Account Administration Fee. You will still be able to access your Account should you wish to make a Transaction in the future.

7.3.2 After a further 12 months of Account Inactivity (or 26 months of Account Inactivity in total), we will apply a second Inactive Account Administration Fee (if there are sufficient funds in your Account). You will still be able to access your Account should you wish to make a Transaction in the future.

7.3.3 After a further 12 months of Account Inactivity (or 38 months of Account Inactivity in total) we will apply a third and final Inactive Account Administration Fee (if there are sufficient funds in your Account) and we will close your Account. You will not be able to log in to your Account after this, but you can reclaim your funds by contacting the Customer Contact Centre using the telephone number set out at the beginning of these Terms of Use.

7.3.4 Six years after the date we close your Account, any funds which remain unclaimed will expire and be forfeited.

7.4 Details of the amount of the Administration Fee can be found on the Fees page of the Website. The Administration Fee will be charged until one of the following events occurs:

7.4.1 you make a Transaction;

7.4.2 the Account balance reaches zero; or

7.4.3 the Account is an Inactive Account for a total of 38 months or more, following which period we shall close the Account in accordance with these Terms of Use.

7.5 If you subscribe to the Loyalty Rewards Program, your Points balance will also expire in accordance with the NETELLER Rewards Program Terms, section 3 “If you do not perform a Qualifying Transaction”. For further information, please refer to the Loyalty Rewards Program Terms.

8. ACCOUNT CURRENCY

Your Account will be denominated in JPY.

9. NEGATIVE BALANCES AND REFUNDS

9.1 If you Deposit funds into your Account and then authorise a Payment or Withdrawal of those funds, you agree that you will not cancel, reverse or de-authorise that payment method used to make that Deposit.

9.2 Without limiting our rights or remedies, if you do reverse or de-authorise a payment in such circumstances, you are responsible for refunding the payment to us and we may, at our discretion:

9.2.1 recover the amount by reducing your Account balance or otherwise collecting such amount from you;

9.2.2 charge you fees and expenses we incur in connection with collecting such amount and any action undertaken to challenge the same; and

9.2.3 charge you a fee of [USD 35].

9.3 If a negative balance is created in your Account or if you cause your Account to go into a negative balance for any other reason, you will be required to repay such negative balance by uploading sufficient funds into your Account to bring it back to at least a zero balance. Your failure to do so is a breach of these Terms of Use. You agree to pay us the outstanding amount immediately on demand. We reserve the right to automatically debit such outstanding amount from any Deposits you subsequently make to your Account. We shall be entitled to charge you for any reasonable expenses we incur as a result of any negative balance on your Account.

9.4 We reserve the right, at any time, to send you reminders or to take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any such debt collection or enforcement efforts. This provision shall survive termination of the relationship between you and us.

9.5 We accept no responsibility for the goods or services you purchase using the NETELLER Service. All such disputes must be addressed directly with the Merchant providing the relevant goods or services. Once you have used the NETELLER Service to make a purchase, we are unable to stop that Transaction.

10. 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.

11. ACCOUNT RESTRICTIONS

11.1 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 NETELLER Service. Without prejudice to the generality of the previous sentence, you agree and acknowledge that you are prohibited from:

11.1.1 using the NETELLER Service to obtain a cash advance (or assisting others in such activity);

11.1.2 using the NETELLER Service for any purpose to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection;

11.1.3 sending unsolicited email or similar methods of mass messaging (spam);

11.1.4 using the NETELLER Service for any prohibited transaction as stated in section 14.

11.1.5 harassing or engaging in obscene, rude or abusive behavior against us or any of our representatives; 11.1.6 tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the NETELLER Service, or attempting to do any of the foregoing; and

11.1.7 using the NETELLER Service for the Payment that must receive the permission of the Minister of Finance and or Minister of Economy, Trade and Industry in accordance with Foreign Exchange and Foreign Trade Act.

12. KEEPING YOUR ACCOUNT SAFE

12.1 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.

12.2 Any person who enters the correct account and Account ID Information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and personal information, you should not divulge your password or other Account ID Information to anyone else. You can’t access another person’s Account using another person’s Account ID Information.

12.3 If you suspect that someone else knows your Account ID Information, you must contact the Customer Contact Centre immediately.

13. UNAUTHORISED, NON-EXECUTED OR INCORRECTLY EXECUTED TRANSACTIONS

13.1 If you think that you have lost any of your Account ID Information, or they have been stolen, or in the event of an unauthorized Transaction, or a Transaction which has not been executed or has been incorrectly executed by us, you must let us know without undue delay and in any case no later than 13 months after the debit date, through our email support form or by contacting the Customer Contact Centre. If requested to, you must also write to us within seven days to confirm the loss, theft or possible misuse.

13.2 Subject to sections 13.3 and 13.4, you shall be entitled to a refund in the amount of an unauthorized Transaction or a Transaction incorrectly executed by us and, where applicable, restoration of your Account to the state it would have been in had the unauthorized or incorrectly executed Transaction not taken place, provided you have notified us of the Transaction in question without undue delay and in any case no later than 13 months after the debit date (save where we have failed to provide or make available the required transaction information to you). Any undue delay in making a notification may result in you being liable for any losses as a result.

13.3 Subject to section 13.4, you shall be liable for any losses incurred in respect of an unauthorized Transaction arising from:

13.3.1 the use of your Account ID Information where these details have been stolen; or

13.3.2 where you have failed to keep your Account ID Information safe.

13.4 You will not be liable for any losses which arise after you have notified us that you believe any of your Account ID Information has been stolen or might be used in an unauthorized way, as specified in section 13.1.

13.5 You shall be liable for all losses incurred in respect of an unauthorized Transaction where:

13.5.1 you have acted fraudulently;

13.5.2 you have compromised the security of your Account with intent or with gross negligence (for example by failing to comply with section 13); or

13.5.3 you have provided any of your Account ID Information to another person who then uses those details to make a Transaction.

In these circumstances, we reserve the right to charge you for any reasonable costs that we incur in taking action to stop your Account being used and to recover any monies owed as a result.

13.6 You 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.

13.7 If 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.

13.8 For the avoidance of doubt the “VIP Fraud Guarantee” (see the Website for further information) is subject to these Terms and Conditions and Members that are part of the NETELLER VIP Program who wish to claim under the VIP Fraud Guarantee must be able to demonstrate compliance with this section 13.

14. PROHIBITED TRANSACTIONS

14.1 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, lotteries or gambling services, 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, pyramid selling or ponzi schemes 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. 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.

14.2 It is strictly forbidden to make payments to or to receive payments from persons or entities offering gambling services, including (but not limited to) sports betting, casino games and poker games. We may suspend or terminate your Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your Account for or in connection with gambling transactions. This list is not exhaustive and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.

14.3 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.

14.4 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 our Customer Contact Centre. 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.

14.5 If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section 14 or without the necessary approval under section 14.4, 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 of up to 150 USD if we apply any of the above.

14.6 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.

15. PRIVACY

15.1 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.

15.2 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 section 2.5 hereof prior to agreeing to these Terms of Use.

15.3 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.

15.4 You also acknowledge and accept that we provide your personal data to Paysafe Group companies at Europe and North American region whose process is stipulated in the Act on Protection on Personal Information (Act No. 57 of 2003) article 23-5-3 of co-user regime.     

16. SUSPENDING OR CLOSING YOUR ACCOUNT

16.1 You have the right to close your Account and thereby terminate your agreement with us (and your right to use the NETELLER Service) at any time by notifying our Customer Contact Centre. If your Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period 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. If you want to access your transaction history after the closure of your Account, you will need to contact the Customer Contact Centre 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.

16.2 We reserve the right to terminate these Terms of Use and thereby close your Account by giving you two (2) months’ prior notice. If we do close your Account, we will also cancel your Account. 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.

16.3 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:

16.3.1 you breach any of these Terms of Use;

16.3.2 if we have reasonable grounds to believe that your Account has been used without your authorization, or in connection with an unauthorized or unusual Transaction or unauthorized bank account use including without limitation, notice of the same by your bank;

16.3.3 if we have reasonable grounds to believe that your Account has been used in connection with a Prohibited Transaction;

16.3.4 if at any time we determine that you have provided us with any false, inaccurate, incomplete or misleading information or any name, bank account information that you are not legally authorized to use;

16.3.5 abuse by you of the reversal or de-authorisation process provided by your bank or any similar behavior where a Deposit is de-authorized, reversed or cancelled after having authorized a Payment or Withdrawal of those funds;

16.3.6 receipt into your Account of suspected fraudulent funds;

16.3.7 you refuse to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;

16.3.8 initiation of Transactions that may be considered to be cash advances or assisting in cash advances;

16.3.9 if we believe your Account has been used or allegedly used, or may be used, in, or to facilitate, any fraud, financial-crime related activity or any other illegal activity;

16.3.10 return of a payment for insufficient funds in your Account;

16.3.11. if we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud, business, or reputational risk to us;

16.3.12 we can no longer process your Transactions for any legal or security reason or due to the actions of any third party;

16.3.13 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

16.3.14 to comply with money laundering or terrorist financing investigations or prohibitions issued by any government authorities, agencies or commissions.

16.4 Subject to section 16.3, 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.

16.5 In certain circumstances, we may be prohibited from notifying you that your Account has been suspended or closed. In such circumstances, we will endeavor 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.

16.6 If you have or have had an Inactive Account for a period of 38 months or more, in accordance with section 7.3 of these 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.

16.7 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.

16.8 Any funds which remain unclaimed for a period of six years following closure of your Account shall expire and be forfeited.

16.9 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.

16.10 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.

17. WARRANTIES, LIABILITIES AND DISCLAIMERS

17.1 We reserve the right to validate and verify any of the information that you provide to us with third parties at any time.

17.2 Without limiting section 6, 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. We make no representations or warranties as to continuous, uninterrupted or secure access to the NETELLER Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade, outages or maintenance.

17.3 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 NETELLER Service and you agree to indemnify us, our affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the NETELLER Service in violation of any law or regulation. This provision shall survive termination of the relationship between you and us.

17.4 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.

17.5 Neither we nor any of our affiliates, holding companies, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our negligence or willful misconduct; provided that under no circumstances shall we, our affiliates, holding companies, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:

17.5.1 your breach of these Terms of Use;

17.5.2 errors made by you or any Merchant or other Member in making any Transaction, such as making a payment to an unintended person or transferring an incorrect amount;

17.5.3 use of your Account by another person who passes all identity and security validation and verification checks;

17.5.4 failure by you to use up to date virus, malware and spyware scanning software and firewall protection on the computer or other device you use to access the Internet and failure to remove viruses, malware or spyware from any computer or device as soon as practicable after they have been found;

17.5.5 if you reveal your log-in information to any third party as a result of a phishing communication;

17.5.6 any fraud or misrepresentation made by a Merchant or Member, even if the Merchant or Member passes all identity and security validation and verification checks;

17.5.7 errors or omissions in our Website content;

17.5.8 misuse or inability to use our Website, whether due to reasons within our control or not;

17.5.9 delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;

17.5.10 interception or seizure compelled by law;

17.5.11 circumstances beyond our reasonable control;

17.5.12 any abnormal and unforeseeable circumstances beyond our control (the consequences of which would be unavoidable despite our best efforts);

17.5.13 a Merchant or third party refusing to honor a Transaction or for the Merchant failing to cancel an authorization, or failing to cancel or amend a Subscription Billing arrangement;

17.5.14 any action taken by us in order to prevent suspected fraud or money laundering; and

17.5.15 any actions taken by us due to our obligations under the applicable laws.

17.6 IN NO EVENT SHALL WE, OUR AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALISE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.

17.7 We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the NETELLER Service. Our obligation under these Terms of Use is limited to providing you with an electronic money account 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 merchant or intermediary.

17.8 You agree to indemnify us, our affiliates, holding companies, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against us, our affiliates, holding companies, subsidiaries, agents or subcontractors relating to your use of the NETELLER Service in respect 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 breach of these Terms of Use. This provision shall survive termination of the relationship between you and us.

17.9 We confirm that Paysafe Holdings UK Limited 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 NETELLER 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.

18. ISSUE OF CERTIFICATE

18.1 You agree to receive our electronic notice of Deposit or a Payment credited to your Account by the sender, instead of an issue of certificate by us which is stipulated in the detailed regulation of Payment Services Act article 30-1.

18.2 We will notify you of all required items in accordance with the detailed regulation of Payment Services Act article 30-1 by sending an e-mail to the primary e-mail address registered with your Account.

18.3 You can withdraw your previous agreement under section 18.1. If we receive your retraction, we will stop the NETELLER Service and close your Account without any notice from us in advance.  

19. COMPLAINTS PROCEDURE

19.1 We refer you to our complaints procedure referred to in section 2.5 hereof for any complaint or dispute you may have concerning your Account. If we are unable to resolve your complaint, you may also complain to the Japan Payment Service Association which applies to services offered by us.

19.2 You may contact the Japan Payment Service Association by:

19.1.1 telephone on 03 3556 6261; or

19.2.2  website of the Japan Payment Service Association;

https://www.s-kessai.jp/info/funds_consumer_inquiry_i.htm

19.3 You agree to waive any right you may have to commence or participate in any class action suit or proceeding against us, our affiliates, holding companies, subsidiaries, agents and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.

19.4 We encourage you to inspect your Account history online and to print or save a copy of all Transaction data for future reference. If your Account history shows Transactions that you did not make or authorise, you must notify us immediately upon identification or suspicion, pursuant to section 13.1.

20. ADDITIONAL GENERAL CLAUSE

20.1 We may engage the services of one or more affiliates, holding companies, subsidiaries, agents or subcontractors in order to fulfil our obligations.

20.2 These Terms of Use shall be governed by the Japanese laws. All disputes arising out of or relating to these Terms of Use shall be resolved by the court of Tokyo.

20.3 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 10 Business Days after the date of mailing.

20.4 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.

20.5 These Terms of Use and the policies referred to in section 2.5 constitute the entire agreement between us and you with respect to the NETELLER 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.

20.6 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.

20.7 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.

20.8 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, without your further consent.

20.9 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.

20.10 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.

20.11 In the event these Terms of Use are available in a language other than Japanese, all versions are legally binding; if there is any inconsistency between the Japanese Language version and a translated version, the Japanese Language version will prevail.

21. NETELLER SUPPORT

Our Customer Contact Centre is open 24 hours a day, 7 days a week. You can find contact details on the Website at;

https://www.neteller.com/en/support#/path/Contact-us/1048462792/Contact-us.htm

We may record any conversation you have with the Customer Contact Centre for training and/or monitoring purposes.

Original Version: 01/09/2017

Final Version: 06/09/2018