Gerlionti PTE. LTD. Terms and Conditions

These are GERLIONTI PTE. LTD.’s Terms and Conditions applicable to Services, as defined below. Please read them carefully. If You do not agree with them, please do not use Our Services.

These Terms and Conditions may be made available in a number of languages; all versions are legally binding but in the event of inconsistency between English version and a translated version English version prevails.

Please note that various terms in these Terms and Conditions have a defined meaning which is set out under Section 40 “Definitions”.

BY USING OUR SERVICES DESCRIBED IN THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THESE TERMS AND CONDITIONS CAREFULLY.

CONTENT

Please click the links below if You wish to go directly to a specific section of these Terms and Conditions. The headings are for reference only and do not affect construction and interpretation.

  1. About GERLIONTI PTE. LTD.
  2. Scope
  3. Account and Services
  4. Opening an Account and execution of these Terms and Conditions
  5. Eligibility
  6. Online contracting – written confirmation
  7. Prevention of money laundering and terrorist financing
  8. Security validation and verification checks
  9. Authentication and Authentication Instruments
  10. Account security
  11. Course of action upon loss of Authentication Instruments
  12. Transaction Limit
  13. Authorisation of a Transaction
  14. Information required to initiate a Transaction
  15. Time of receipt of a Transaction
  16. Revoking a Transaction
  17. Maximum time for executing a Transaction
  18. Information regarding the execution of a Transaction
  19. Refusal to execute a Transaction
  20. Receipt of funds
  21. Information on activities with an Account
  22. Uncleared funds and payments, negative balance on an Account
  23. Fees
  24. Liability
  25. Prohibited Transactions
  26. Suspending and closing an Account
  27. Changes to these Terms and Conditions
  28. Term
  29. Termination
  30. Transactions after termination
  31. Right of withdrawal
  32. Warranties and disclaimers
  33. Use of the Services by third persons
  34. Privacy
  35. Maintenance
  36. Third party services
  37. Communication
  38. Miscellaneous
  39. Contacting Us
  40. Definitions
  1. About GERLIONTI PTE. LTD.

    1. GERLIONTI PTE. LTD. is a company incorporated and operating under the laws of the Republic of Singapore and registered in the ASST REGISTRAR OF COMPANIES AND BUSINESS NAMES ACCOUNTING AND CORPORATE REGULATORY AUTHORITY (ACRA) SINGAPORE under the business name GERLIONTI PTE. LTD., company number 201904431H, registered address and the principal place of business: 491B River Valley Road, #15-01, Valley Point, Singapore (248373), e-mail address: info@gerlionti.com.
    2. GERLIONTI PTE. LTD. is authorised by the Monetary Authority of Singapore (MAS) to act as a multi-purpose stored value facility.
    3. The Monetary Authority of Singapore (MAS) can be contacted via telephone number (65)-6225-5577, the mail address 10 Shenton Way, MAS Building, Singapore 079117, or via any other ways indicated on the website of the Monetary Authority of Singapore (MAS) https://www.mas.gov.sg.
  2. Scope

    1. These Terms and Conditions together with the Privacy Policy, Complaints Policy and Cookie Policy and any other terms and conditions mentioned in it constitute and create a legally binding agreement between You and Us as a legal basis for opening, using and maintaining Your Account and using, rendering and receiving Our Services.
    2. We recommend that You download or print a copy of these Terms and Conditions and store it for Your records and future reference. If You want a copy of these Terms and Conditions or any other legal documents appearing on the Website on paper or on another durable medium, You should send a request via the Customer Area to Us.
    3. If You wish to receive these Terms and Conditions to Your e-mail address or You wish to receive information about Our Services provided to You or Your Account, You should specify that in Your request sent to Our Customer Support via the Customer Area. If You ask Us to provide or make information available to You more frequently, by another means than specified in these Terms and Conditions or information which We need not provide under these Terms and Conditions or any applicable law, We may charge a Fee for providing that information or making it available.
  3. Account and Services

    1. Under these Terms and Conditions, GERLIONTI PTE. LTD. opens an Account and provide Services to a Customer. An Account is an online payment account enabling You to hold, transfer and receive funds.
    2. If You pay applicable Fees and comply with these Terms and Conditions, You may use Your Account for Transactions and for receiving transfers from individuals and Business Entities in the Currency of Account assigned to Your Account.
    3. Only the currencies assigned to Your Account can be stored on the Account. The Account cannot be used for storing currencies or Transaction in other currencies.
    4. The Account can only be used for transferring funds to such accounts and receiving funds from such accounts which belong to the SEPA (Single European Payments Area) payment and settlement system and the SWIFT (Society for Worldwide Interbank Financial Telecommunication) network.
    5. By accepting these Terms and Conditions You accept and agree that:
      1. We (GERLIONTI PTE. LTD.) are not a bank;
      2. an Account is not a bank account;
      3. an Account is not a saving account and funds stored in the Account are not deemed to be deposits or other repayable funds or an electronic money;
      4. an Account and funds stored in the Account is not insured by any government agency, a public guarantee fond or by other similar means for securing deposits. This means that, in the unlikely event that We are unable to satisfy claims against Us, there is no financial services scheme to compensate You. Although Your Account is not insured by any governmental agency, We strictly adhere to the legal requirements of the national laws of the Republic of Singapore and applicable regulations of the European Union;
      5. We do not act as a trustee, fiduciary or escrow holder regarding the balance on Your Account;
      6. We do not pay You interest on any funds representing the balance on Your Account;
      7. You are responsible at Your own expense to ensure that Your computer systems and information technology solutions and available payment instruments are suitable for receiving Our Services.
    6. Although You are not required to keep a balance on Your Account, if You do have a balance on it, funds representing that balance are segregated and pooled with funds representing the balances on the Accounts of other Customers held by Us. Any interest earned on the pooled account will belong to Us.
  4. Opening an Account and execution of these Terms and Conditions

    1. While certain parts of the Website (such as the home page) are accessible to everyone, to use the Services provided by Us You will need to register for an Account and satisfy the requirements set out in these Terms and Conditions.
    2. You may only open an Account if it is legal to do so in Your country of residence. By opening an Account and by using the Website and Services You represent and warrant to Us that Your opening and using of the Account, Our Website and Services does not violate any law applicable to You in Your country of residence. You will indemnify Us against losses We incur in connection with a breach of this requirement.
    3. You will only be able to use Our Services after You let Us have all information necessary for rendering Our Services and You pass Our due diligence measures. These may entail a request for further information under money laundering and terrorist financing regulations and other mandatorily applicable laws and Our internal procedures.
    4. To become Our customer and begin using Our Services, You have to open an Account by following the procedures described on the Website and these Terms and Conditions. We will begin to verify Your eligibility to become Our customer in accordance with these Terms and Conditions after You have:
      1. received an invitation to Your e-mail to register and open an Account;
      2. submitted to Us the information required by Us via the Website;
      3. have confirmed that You read and agree to these Terms and Conditions and the policies incorporated into and forming part of these Terms and Conditions.
    5. These Terms and Conditions are effective and form a legally binding contract once You have agreed to them by ticking the "I have read and agree to the GERLIONTI PTE. LTD. Terms and Conditions, Privacy Policy and Cookie Policy " check box on the Website, as required on the Website, and have received a confirmation (including, a verification code) of the execution of these Terms and Conditions to Your mobile phone number and also to Your e-mail address.
    6. You confirm that You accept and agree that any use of Services by You constitutes Your acceptance of these Terms and Conditions. You confirm that You are acting on Your own behalf and not for any other person. Your consent and agreement to these Terms and Conditions is a condition precedent for opening, using and maintaining Your Account and using Our Services.
    7. If these Terms and Conditions are executed in another way than via the Website, then these Terms and Conditions are deemed to have been executed and entered into force as of the signing of these Terms and Conditions by both You and Us. In such case We may not send You a confirmation of the execution of these Terms and Conditions to You as explained in Section 4.4 above.
    8. We reserve the right in Our discretion to refuse Your registration or terminate these Terms and Conditions and close Your Account at any time if, in Our opinion, You have failed to comply with any provision of these Terms and Conditions, if any details You provide for the purposes of registering as Our customer prove to be false or incorrect, or if We think it is necessary to protect other customers and/or the security or the operation of the Website and/or Our Services.
  5. Eligibility

    1. In order to use Our Services:
      1. You must have the legal capacity and unrestricted rights to agree to these Terms and Conditions;
      2. You must be resident in a location permitted by Us (applying Our due diligence measures);
      3. You must open an Account in line with instructions We give You during the application process;
      4. You must give all information that We ask for during the application process on the Customer Area and must complete the application process;
      5. You must pass Our due diligence measures during the application process for Our Services or at any later time;
      6. if You are an individual, You must be at least 18 years old and of the age of majority in Your country of residence. By opening an Account You declare that You comply with these rules. We may require You at any time to give evidence of Your age.
      7. if you are a Business Entity, You must be duly organized and validly existing under the laws of Your domicile, have the legal capacity and corporate authority to own Your property and conduct Your business, You are not in breach of its by-laws, applicable laws or regulations related to Your business operations and You have any licenses, permits or similar approvals required to perform the business activities conducted by You, if any. By opening an Account You declare that You comply with these rules. We may require You at any time to give evidence of this;
      8. You must maintain an effective postal address, mobile phone number, and e-mail address that belongs to You and all of which You are permitted to use for receiving Our Services;
      9. You must accept Our Privacy Policy, Complaints Policy and Cookie Policy;
      10. You must not have violated GERLIONTI PTE. LTD.’s Terms and Conditions or have had access limited to an Account or have had an Account closed by Us in the past. However, at Our discretion We may open an Account for You upon Your request if any of these circumstances exists.
  6. Online contracting – written confirmation

    1. If You have concluded these Terms and Conditions with Us via the Website or via any other online means, We may at any time request that You re-confirm Your acceptance of these Terms and Conditions by means of a written document signed by You. If You do not comply with such request within 5 (five) Business Days after receiving a request from Us to do so (the request may be sent to You via the Customer Area and/or to the e-mail address submitted by You when concluding these Terms and Conditions), We may restrict the functionality of Your Account and Your right to use Our Services until You have complied with Our request.
  7. Prevention of money laundering and terrorist financing

    1. In accordance with applicable law, We are obliged to apply due diligence measures stipulated in applicable law aimed at the prevention of money laundering and terrorist financing. Among other measures, We are obliged to identify and verify Your identity (if You are an individual) or the identity of legal representative, shareholder and the ultimate beneficial owner(s) of You (if You are a Business Entity), collect information about You and use of the Services provided to You and remove any suspicions of money laundering or terrorist financing which We may reasonable grounds to have or which We may develop with regard to You or Your use of Our Services provided to You.
    2. You agree to provide Us with all information, which We request from You in order to apply the due diligence measures referred to in Section 7.1 of these Terms and Conditions or to perform any other obligations under applicable law.
    3. All information that You provide during the application for Our Services or at any later time must be true, accurate, complete and up-to-date. We are not liable for loss arising out of Your failure to do so. You undertake not to provide false, inaccurate, incomplete, out-dated or misleading information. Not keeping all Your details true, accurate, complete and up-to-date could affect Your eligibility for Your Account or Our ability to provide Our Services to You.
    4. If any of the information provided to Us should change, then You undertake promptly to provide Us with the respective updated information. You can update the information presented to Us via the Customer Area.
    5. We may at any time ask You to confirm the accuracy of information that You provide to Us or to let Us have documents or other evidence verifying information. We may collect and/or verify the information provided by You also from third parties (for example where required by applicable law and/or to verify Your identity).
    6. The specific terms and conditions for processing Your personal information are stipulated in the Privacy Policy available on the Customer Area.
  8. Security validation and verification checks

    1. You acknowledge that certain Transactions require different types of due diligence measures, including use of third party validation and verification systems, and You agree to submit to these checks if You choose an option to which these checks apply; and if applicable, impose certain minimum or maximum Transaction Limits.
    2. We may validate and verify any information or data You give Us.
  9. Authentication and Authentication Instruments

    1. When You open an Account, You choose and fill in a unique and strong password. We advise You not to choose a password that someone might know or easily gather about You. To Authenticate Yourself and gain initial and subsequent access to Your Account, You must press the “LOGIN” button on the Website, enter Your Authentication Instruments and press the "Sign in" button on the Website.
    2. Activities with Your Account and at Your Account profile will be regarded as valid after Your Account was successfully Authenticated by correctly entering Your Authentication Instruments. We may assume that someone who correctly enters Your Authentication Instruments has unrestricted rights to access and use Your Account, including, but not limited to, Authorising Transactions and making changes to Your Account profile. We are entitled to treat any activity by that person as valid and authorised by You.
    3. We may refuse from providing Our Services to You if You have not duly Authenticated Yourself to Us. You are obligated to Authenticate Yourself in such a way as required by Us on the Website and under these Terms and Conditions, by using the Authentication Instruments as required by Us.
  10. Account security

    1. You are solely responsible for keeping Your Authentication Instruments and other credentials and information and/or documents specific to Your Account confidential, safe and secure and procure that it would not be possible for third persons to use them for Authenticating You or Authorizing any Services provided to You. You may not store Your Authentication Instruments on paper, as a digital file or in any other way which enables to restore the respective Authentication Instruments. You are obliged to destroy all papers, digital files and other carriers which contain any knowledge-based Authentication Instruments and exercise other reasonably necessary measures to keep the Authentication Instruments confidential. You must never allow anyone to access Your Account or oversee or hear You Authenticating Yourself or accessing or using the Account. You agree to take reasonably necessary measures to keep Your Authentication Instruments safe and secure and to prevent use of Authentication Instruments by third parties and to prevent fraudulent or unauthorised use of Your Account. You agree to change Your knowledge-based Authentication Instruments from time to time. Upon changing any knowledge-based Authentication Instruments, You agree not reuse any such knowledge-based Authentication Instruments, which You have already used before. We will also consider any Transaction and change to Your Account profile and Your Authentication Instruments as Authorized by You if only a part of the information mentioned in these Terms and Conditions is provided to Us. We are not responsible for losses arising out of Your failure to keep Your Account safe and secure or from unauthorised use of Your Account except as otherwise explicitly set forth in these Terms and Conditions.
    2. You must take all reasonable care to ensure that Your e-mail address and phone is secure and is only accessed by You and is in Your private use, as Your e-mail address and/or phone may be used to reset the password of Your Account and We may use it to communicate with You about the security of Your Account. If someone tries to access or compromise Your e-mail address and/or phone notified to Us without Your authority, You should without undue delay after becoming aware of this contact the Customer Support and let Us know Your new e-mail address and/or phone number to be used by Us. Any undue delay in notifying Us may result in Your losses.
    3. In order not to compromise the security of Your Account, You must always ensure that Your Authentication Instruments are not stored by the browser or cached or otherwise recorded. You should at Your own expense provide and maintain in efficient and safe operating order all hardware, software and other facilities and any communications network (including access to a public telecommunications system) used for accessing and using Your Account and Our Services. In any case You should tell Us as soon as You can if You notice that something is wrong with Our Services, the Website or Customer Area, or if anything looks different. You must let Us have any information We ask for about what happened.
  11. Course of action upon loss of Authentication Instruments

    1. If You have any indication or suspicion or You are becoming aware that:
      1. Your Authentication Instruments or other security credentials on Your Account are lost, stolen, misappropriated, used (or attempted to be used) without Your authorisation;
      2. Your Authentication Instruments or other security credentials on Your Account may be in the possession, knowledge or power of a third person;
      3. Your Authentication Instruments or other security credentials on Your Account may be otherwise compromised without Your consent or knowledge; or
      4. there are other circumstances, as a result of which it may be possible for a third person to use Your Account,

      You are advised:

      • to contact and inform Our Customer Support immediately via e-mail info@gerlionti.com or posting a message on Your Account profile on the Customer Area;
      • to change Your Authentication Instruments immediately or if it is not it is not possible, then with the help of Our Customer Support, replace the Authentication Instruments and/or block Your Account.
    2. Any undue delay in notifying Us may result in increase of Your losses. Once We receive notification from You, We will suspend functionality of Your Account and prevent anyone from using it. The date and hour of receipt of Your notification and suspension of functionality of Your Account will be recorded. We will send You a confirmation e-mail to the effect that functionality of Your Account is suspended and provide You with instructions to be followed to restore the functionality of Your Account. We will administer and retain all data on suspension of Your Account on the basis of Your notification for 18 (eighteen) months. We will let You have information about receipt of Your notification on Your written request and before expiration of the 18 (eighteen) month term.
  12. Transaction Limit

    1. By default, the Transaction Limit is EUR 25 000 (twenty-five thousand euros) per one Transaction. However, We may impose different limits on the amounts and frequency of Transactions that You may request Us to execute.
    2. If You wish to increase or decrease the Transaction Limit, then You must contact Our Customer Support via the Customer Area. Upon increasing the Transaction Limit, We have the right to ask You for information to substantiate and certify the need for increasing the Transaction Limit. At Our sole discretion We may decide to increase Your Account’s Transaction Limit. We are not obligated to increase Your Account’s Transaction Limit.
    3. If Your Account’s Transaction Limit has been increased to more than EUR 25 000 (twenty-five thousand euros) per one Transaction, at Our sole discretion We may decrease it back to EUR 25 000 (twenty-five thousand euros) per one Transaction by notifying You at least five (5) Business Days in advance. You may check the applicable Transaction Limit via the Customer Area.
  13. Authorisation of a Transaction

    1. In order to authorise a Transaction, You must Authenticate Yourself and follow the procedure of Authorisation for executing Transactions.
    2. We will process and execute any Transaction, which is Authorised (initiated and consented) by You according to procedure for making Transactions set forth on the Customer Area and in these Terms and Conditions.
    3. A Transaction will be regarded as Authorised:
      1. after access to Your Account is successfully Authenticated by correctly entering Your Authentication Instruments;
      2. if it is initiated by You when You insert the information required in a form of a payment order available on the Customer Area in line with the requirements provided for in Section 14 of these Terms and Conditions and submit the payment order to Us by following the procedure on the Customer Area;
      3. if it is consented (confirmed) by You when You fill in the respective “payment confirmation code” which has been sent to Your mobile phone number on the Customer Area and by pressing the ‘Confirm this Transaction’ button in relation to a specific Transaction on the Customer Area.
    4. You are fully responsible for payment orders You give to Us. If a Transaction is executed in line with a payment order consented (confirmed) to by You, You acknowledge and agree that the Transaction was correctly executed by Us. You acknowledge and agree that all executed Transactions are final and not reversible unless We agree to reverse them or unless We must reverse a specific Transaction on the basis of a lawful and grounded request from You or unless reversal is necessary to fulfil Our mandatory obligation under any applicable law or these Terms and Conditions.
  14. Information required to initiate a Transaction

    1. In order to initiate a Transaction, You must prepare a payment order by providing at least the following information on the Customer Area:
      1. Account number;
      2. Beneficiary’s account number, name, country, address, bank’s name, country, address, SWIFT;
      3. payment (Transaction) description;
      4. payment (Transaction) amount;
      5. execution mode.
    2. You must take great care to type this information correctly. We use the Beneficiary’s account number as a unique identifier to determine the intended recipient of the payment order that You require Us to process and execute. If You have not provided the required information when on the Customer Area when initiating a Transaction or the inserted information is incorrect, then We are not obliged to execute a Transaction based on the payment order which is not complete or clear.
    3. We will process Your payment orders if We consider they are complete, clear and were Authorised by You:
      1. complete payment orders contain all the information We need. However, We may act on the basis of Your incomplete payment orders if We reasonably believe that We can execute the Transaction without referring to You for clarification;
      2. clear payment orders are those We can understand without problems. Unless a payment order is obviously wrong, We will assume You gave Us correct information. In particular, We will assume a Beneficiary’s account number You indicated in the payment order is correct.
    4. When providing payment orders for execution of Transactions, You may not designate an amount in excess of the balance on Your Account at the time the payment order is submitted to Us, plus applicable Fees. If You attempt to do so, Your request for execution of the Transaction will be denied. We will inform You if Your request for execution of a Transaction is denied due to an insufficient balance on Your Account.
  15. Time of receipt of a Transaction

    1. We will confirm receipt of Your payment order as soon as practically possible by requiring You to give Your consent (confirm) to the Transaction. However, if the day of receipt of Your payment order is not a Business Day We may confirm receipt of Your payment order on the following Business Day after You submitted it to Us by requiring Your consent to (confirm) the Transaction. If You submit to Us a payment order on a Business Day after the Working Hours, the payment order shall be deemed to be received on the following Business Day.
  16. Revoking a Transaction

    1. You may not revoke Your payment order according to which You have requested Us to execute a Transaction once You have consented to execute (confirmed) the Transaction and have received Our confirmation of its receipt. You may revoke Your request to execute a Transaction until You consent to execute (confirm) the Transaction and receive Our confirmation of its receipt. If You wish to revoke Your request to execute the Transaction, then You must contact Our Customer Support via the Customer Area. We may charge You a Fee for revoking the Transaction.
  17. Maximum time for executing a Transaction

    1. We will execute the Transaction as soon as practically possible. We will execute a Transaction by the end of the Business Day following the moment when We received a payment order and You consented to execute (confirmed) the Transaction, provided that the Transaction initiated is to be executed:
      1. in euro with the EEA;
      2. in Singapore currency within the Republic of Singapore;
      3. in euro within the EEA, involving one currency conversion between Singapore currency and euro.
    2. Where You have given consent (confirmation) to execute a Transaction other than already mentioned wholly within the EEA and in a currency issued within the EEA, We will execute the Transaction by the end of the 4th (fourth) Business Day following the moment when We received a payment order and You provided consent (confirmation) to execute the Transaction.
    3. If Your country of residence is not within the EEA or if You wish to use a currency not issued within the EEA, the term for executing the Transaction may be longer.
    4. We may request supporting documents regarding a Transaction before executing it. In that case the term for executing the specific Transaction will be the end of the Business Day following the moment when We received supporting documents requested by Us. If Your country of residence is not within the EEA or if You wish to use a currency not issued within the EEA, the term for executing the Transaction may be longer.
  18. Information regarding the execution of a Transaction

    1. Upon receipt of a payment order, We will present You with at least the following information on the Consumer Area:
      1. information about You and Your Account;
      2. a Beneficiary’s account number, name, country, address, bank’s name, country, address, SWIFT;
      3. a payment (Transaction) description;
      4. a payment (Transaction) amount;
      5. an execution mode;
      6. the Fee payable by You;
      7. where applicable, a breakdown of the amounts of any Fees payable by You;
      8. a date on which the payment order has been received by Us.
    2. Before and after the execution of a Transaction, We will present You with at least the following information on the Consumer Area:
      1. information mentioned in Section 18.1.1 to 18.1.7;
      2. a reference enabling You to identify the Transaction and, where appropriate, information relating to the Beneficiary;
      3. the amount of the Transaction in the Currency of Account in which Your Account is debited or in the currency in which the payment order was submitted by You to Us;
      4. where applicable, the currency conversion rate used in the Transaction by Us, and the amount of the Transaction after that currency conversion;
      5. the debit value date or the date of receipt of the payment order.
    3. You may also at any time download a statement of the Transactions made with the Your Account on the Customer Area.
  19. Refusal to execute a Transaction

    1. We may refuse to execute a Transaction if You have not duly Authorised a Transaction or any other operation for Us, fulfilled these Terms and Conditions or if execution of the Transaction would be unlawful or when, in exceptional circumstances, despite Our efforts, it is not possible to execute the Transaction according to these Terms and Conditions or any applicable law. If We refuse to execute a Transaction in accordance with these Terms and Conditions, it shall be deemed as not have been received by Us.
    2. We will inform You if Your request to execute a Transaction has been refused by giving reasons for refusal and, if possible, telling You what You need to do to correct an error that led to refusal of the Transaction unless We are not permitted to do so by any applicable law. We will notify You of refusal of the Transaction on the Customer Area at the earliest opportunity and in any event within the period specified in Section 17.1 of these Terms and Conditions in which We undertook to execute the Transaction. If Your country of residence is not within the EEA or if You wish to use a currency not issued within the EEA, the term for completion of execution of the specific Transaction may be longer.
  20. Receipt of funds

    1. You undertake to provide to a sender a unique reference number assigned to You by Us and to ensure that the sender indicates it in its payment order to be submitted to its payment service provider when filling information in a payment order according to which funds are sent by the sender to You. We are not liable for non-execution or defective execution of transfer of funds sent to You by a sender or loss arising out of Your failure to provide instruction to the sender in accordance with this Section 20.1.
    2. The amount of funds sent to You will be credited to Your Account after deduction of any applicable Fees. If funds transferred to You is reversed by the sender before the amount of funds is placed to the credit of Your Account, the amount of the transfer will be returned to the sender and no Fees will be charged to You.
    3. You acknowledge and agree that all receipts of transfers in Your Account are final and not reversible unless We agree to reverse a specific transfer on the basis of a lawful and grounded request by You or the sender or unless reversal is necessary to fulfil Our mandatory obligation under any applicable law or these Terms and Conditions.
  21. Information on activities with an Account

    1. You may check the balance on Your Account by logging in to Your Account on the Website. We do not charge fees to You for checking the balance on Your Account on the Customer Area.
    2. We will make information available to You on the Customer Area about Transactions, Fees applied and other information concerning Your use of Your Account.
    3. Depending on Your request, statements made available by Us about Transactions may include:
      1. a date on which a Transaction has been executed / a date on which funds have been received in Your Account;
      2. a reference enabling You to identify the Transaction / a reference enabling You to identify the funds which have been credited in Your Account;
      3. an amount of a Transaction in the currency in which it has been executed / an amount of funds in the Currency of Account in which they have been credited in Your Account;
      4. an amount of all and any Fees for the Transaction / an amount of all and any Fees for the funds which have been credited in Your Account;
      5. a currency exchange rate applied to the Transaction and the amount of the Transaction after conversion, if the Transaction was associated with currency conversion;
      6. a date on which Your Account was debited/credited.
    4. We will also provide information mentioned in Section 21.3 of these Terms and Conditions in a monthly statement that We will make available to You on the Customer Area free of charge upon receipt of Your request. We recommend that You download or print a copy of statements that We place on the Customer Area and store it for Your records and future reference. You can also ask at any time for a copy of the monthly statement on paper or other durable medium but We may charge You a Fee for this.
  22. Uncleared funds and payments, negative balance on an Account

    1. We may debit insufficient funds, uncleared payments or unpaid Fees from Your Account, obtain them from Your designated credit institution or association or other payment service provider, as applicable, or collect them from You in other ways. We will tell You before We do this unless telling You would compromise reasonable security measures or otherwise be unlawful, in which case We will tell You when We are permitted to do so.
    2. Further, a negative balance on Your Account is a situation when there are insufficient funds in Your Account. A negative balance on Your Account may occur for various reasons described in these Terms and Conditions. Any negative balance on Your Account is Your debt to Us with an immediate payment term. We may require and collect payment from You to cover an outstanding negative balance on Your Account at any time. Failure by You to make payment is a breach of these Terms and Conditions. We may at any time send You reminders or take other debt collection measures, including, but not limited to, mandating a debt collection agency or solicitors or pursuing a court claim. We may also charge You fees and expenses We reasonably incur in connection with debt collection or enforcement efforts.
  23. Fees

    1. Services provided under these Terms and Conditions are subject to the Fees. A Fee may be composed of monthly recurring payments or one-time fee applicable to specific operations. The Fee payable depend on the type of an Account opened by You. If these Terms and Conditions are terminated and Your Account is closed and there are no uncleared funds and payments or negative balance on an Account at the day of termination of these Terms and Conditions Fees payable in advance will be refunded.
    2. You are responsible for paying all applicable Fees. If You are unclear as to an applicable Fee, please contact Customer Support before consenting to (confirming) a Transaction. All Fees are due immediately and may be changed at any time. Fees payable by You will be deducted from the balance on Your Account and You authorise Us to do so.
    3. Whenever a currency conversion is required to execute a Transaction, upon receipt of Your request to execute a Transaction, We will automatically calculate the currency conversion using rates provided by https://www.xe.com/ and add a currency conversion fee of 2%. You agree and confirm that changes in currency conversion rates will apply immediately and without prior notice to You. The currency conversion fee may change; however, We will notify You by posting a notice of the changes on the Customer Area.
    4. When using Services, You may also have to pay applicable third party fees (for example, financial institution or association or other payment service providers). We cannot make available details of fees charged by third parties and We cannot be held liable for these fees. By agreeing to these Terms and Conditions, You confirm that You have understood this.
    5. You authorise Us to debit from Your Account applicable Fees in relation to a Transaction and these Terms and Conditions.
  24. Liability

    1. You must notify Us without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of:
      1. the existence of Your payment order in regard of which the amount was debited from Your Account but which We did not execute under these Terms and Conditions due to Our gross negligence (“Non-executed Transaction”);
      2. the existence of a Transaction which was defectively executed without observing Your payment order submitted to Us under these Terms and Conditions (“Incorrect Transaction”);
      3. the existence of a Transaction which due to Our gross negligence was executed late without observing the provisions of these Terms and Conditions (“Late Transaction”); or
      4. the existence of a Transaction which We executed without Your Authorisation under these Terms and Conditions (“Unauthorised Transaction”).
    2. If You notify Us of a Non-executed Transaction or Incorrect Transaction in accordance with Section 24.1 of these Terms and Conditions, You will receive without undue delay a refund of the Non-executed Transaction or Incorrect Transaction including all Fees deducted therefrom and We will restore the balance on Your Account to reflect what it would have been in had the Non-executed Transaction or or Incorrect Transaction not taken place unless We can prove that We executed the disputed Transaction according to Your payment order and these Terms and Conditions.
    3. If You notify Us of a Late Transaction in accordance with Section 24.1 of these Terms and Conditions, We will ensure that the credit value date for the Beneficiary’s account number indicated in the payment order is no later than the date on which the amount of Transaction would have been dated if the Transaction had been executed correctly.
    4. If You notify Us of an Unauthorised Transaction in accordance with Section 24.1 of these Terms and Conditions, We will refund the Unauthorised Transaction, including all Fees deducted therefrom, and, where applicable, We will restore Your Account to reflect the status it would have been in had the Unauthorised Transaction not taken place by ensuring that the credit value date of Your Account is no later than the date on which the amount of the Unauthorised Transaction was debited from Your Account. In that event We will do so as soon as practically possible and in any event no later than by the end of the following Business Day after You notify Us of the Unauthorised Transaction, provided that all the following conditions are met:
      1. You notify Us without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of the existence of the Unauthorised Transaction;
      2. We do not have reasonable grounds to suspect fraud or some other criminal offence and We have not communicated those grounds to the relevant government authority or recognised crime-prevention body;
      3. the Unauthorised Transaction has not arisen from Your failure through intent or gross negligence to keep Your Authentication Instruments or other security credentials of Your Account safe and secure under these Terms and Conditions;
      4. none of the circumstances set forth in Section 24.5 of these Terms and Conditions occurred.
    5. You will bear all losses relating to any Unauthorised Transaction executed by Us, if:
      1. You acted fraudulently;
      2. You failed intentionally or due to Your intent or gross negligence to keep Your Authentication Instruments or other security credentials of Your Account confidential, safe and secure and have not complied with these Terms and Conditions;
      3. We executed the Transaction before receiving Your notification that You have an indication or suspicion that Your Authentication Instruments or other security credentials of Your Account are lost, stolen, misappropriated, used or attempted to be used without authorisation, or otherwise compromised without Your authority, as provided for in these Terms and Conditions.
    6. If an Unauthorised Transaction arises from use of lost or stolen Authentication Instruments or from misappropriation of Your Authentication Instruments or other security credentials of Your Account, You may be liable up to a maximum amount equivalent in Singapore currency, determined using the average exchange rate announced by the Central Bank of Singapore applicable on the transaction date, of EUR 50 for losses incurred with respect to a specific Unauthorised Transaction except in any case under Section 24.5 of these Terms and Conditions listed circumstances when You are fully liable Yourself for an Unauthorized Transaction.
    7. If We later find that You are not entitled to a refund under Section 24.4 of these Terms and Conditions, We will debit from Your Account the amount We refunded and any Fees You owe Us.
    8. If You provide an incorrect unique identifier (namely, the Beneficiary’s account number) in the payment order of a Transaction, We are not liable for non-execution or defective execution of the Transaction. However, We will do Our best to recover the funds involved in the Transaction. If We are not able to recover the funds involved in the Transaction, upon receipt of Your written request sent via the Customer Area, We will let You have relevant information in Our possession and necessary for You to file a legal claim to recover the funds involved in the Transaction. However, We will let You have data and information only where it is fair and lawful to do so. We may charge You a Fee for doing so.
    9. If an Incorrect Transaction, Late Transaction or Non-executed Transaction occurs, then and upon receipt of Your request We will assist in tracing the Incorrect Transaction, Late Transaction or Non-executed Transaction and will notify You of the outcome, free of charge.
    10. If due to Our gross negligence We defectively execute a transfer of funds to You from a sender or We fail to execute a transfer of funds to You from a sender, both of which were initiated by the sender, then upon receipt of notice from the sender We will immediately make available to You a transfer of funds with a credit value date for Your Account for the date on which the amount of the Transaction would have been dated if the transfer of funds had been executed correctly unless We can prove that We executed the disputed transfer of funds under the sender’s payment order under these Terms and Conditions. Upon receipt of Your request We will immediately try to trace the transfer of funds and will notify You of the outcome, free of charge.
    11. In no event will We, Our employees, affiliates, subsidiaries, agents or subcontractors be held liable or responsible in any way to You or a third party for indirect, special, consequential, punitive or incidental damages, loss of opportunity, loss of profits, loss of revenue, loss of goodwill, loss of anticipated savings, loss of use of data, interruption of business, and/or loss of reputation, indirect, special or consequential loss or damage, whether based on negligence, wilful misconduct, tort (non-contractual liability), contract (including without limitation fundamental breach or breach of a fundamental term) or any other theory of law.
    12. We will not be liable or responsible in any way for:
      1. Your losses arising from Our compliance with legal and regulatory requirements;
      2. assessing or paying taxes, duties or other charges that arise from the underlying Transactions between You and Beneficiaries to whom You request Us to execute Transactions;
      3. any errors or omissions in any content provided by You via the Website or while using Our Services (for example incorrect Beneficiary’s bank account or reference number assigned by Us to You);
      4. any delay or failure in performing any of Our obligations under these Terms and Conditions if such delay or failure is caused by:
        1. circumstances outside. Our reasonable control (including any delay caused by any act or default of a credit institution and/or other third party, and any failure of the internet or an internet connection);
        2. any failure, error, essential maintenance, critical change, repairs or alteration of any computer systems, communication system or transmission link under third party control; or
        3. any third party (including a credit institution) making necessary inquiries, compliance checks or undertaking duties or obligations as required by applicable law.
    13. You are fully responsible for goods or services bought or sold by You that are settled through Your use of Our Services. We disclaim liability and We will not be held liable or responsible at all for the quality, safety, legality or delivery of goods sold to You or purchased by You or services received or provided by You in return for funds paid for through Our Services, including charges, taxes or other duties in relation to goods or services, nor do We provide a warranty or guarantee for those goods and services.
    14. You agree to indemnify Us, Our employees, affiliates, subsidiaries, agents and subcontractors from and against claims brought by third parties against Us, Our employees, affiliates, subsidiaries, agents or subcontractors relating to Your use of Our Services with respect to claims, losses, damages, expenses and liabilities suffered or incurred by Us, Our employees, affiliates, subsidiaries, agents or subcontractors as a result of Your breach of these Terms and Conditions or any applicable law. This provision survives termination of the legal relations between You and Us.
    15. Our liability under these Terms and Conditions, whatever its basis, will not exceed in total the difference between (i) the amount of Fees We receive from You during the month in which liability accrued, and (ii) assessments and offsets against Fees that arose during that month. If more than 1 (one) month is involved, the total amount of Our liability will not exceed the lowest amount calculated in accordance with the previous sentence for any month involved.
  25. Prohibited Transactions

    1. It is Your sole responsibility to ensure that You do not use Services for a Transaction that may be considered illegal in Your country of residence and under the applicable law. You undertake to use Our Services in accordance with these Terms and Conditions and the applicable law.
    2. You must not engage in any of the following:
      1. use Services in a manner that may result in abuse of a credit institution's reversal process, credit card system or violation of credit card association rules;
      2. use Services for any purpose contrary to laws, contracts, statutes or regulations that apply to You, including without limitation those concerning money laundering, fraud, criminal activity, financial services, unfair competition or consumer protection;
      3. tamper, hack, modify, damage, interfere with or otherwise corrupt the security or functionality of Services, or attempt to do so;
      4. infringe Our or a third party's intellectual property rights; and
      5. refuse to cooperate in an investigation to confirm Your identity or information You provide to Us or refuse to let Us have information or documents that We may receive from You under any applicable law and these Terms and Conditions.
      This list is not exhaustive and it is Your responsibility to ensure that You do not use Services for Transactions and other purposes that may be considered illegal in Your country of residence.
  26. Suspending and closing an Account

    1. We may at Our discretion suspend or otherwise restrict the functionality of Your Account and Your right to use Our Services or terminate these Terms and Conditions and close Your Account at any time including but not limited to for any of the following reasons:
      1. We are unable to verify the existence, the right of representation of the representative or a beneficial owner of You, if you are a Business Entity, at any time;
      2. You are a Business Entity which is not registered in a country, in which We operate in;
      3. We suspect unauthorised or fraudulent use of Your Account or that Your Account has been accessed without Your authorisation;
      4. We suspect that any of the Authentication Instruments of Your Account has been compromised;
      5. We have reasonable grounds to believe that You have seriously or persistently broken any provision of these Terms and Conditions;
      6. You have overdue payables to Us for which We have the right to claim You for interest for late payment;
      7. You inappropriately let someone else use Your Account;
      8. You give Us false information or document(s) at any time;
      9. We have reasonable grounds to believe that Your Account has been used in connection with unauthorised or unusual credit/debit card or bank account use, including without limitation, notice of the same by Your bank or credit/debit card issuer;
      10. You abuse the reversal or chargeback process through Your bank or credit card company;
      11. You refuse when requested to cooperate with an investigation or to provide adequate confirmation of Your identity or other identity or security information;
      12. We suspect that You may be involved with or that the Services provided to You may be used for money laundering, terrorist financing, fraud or any other illegal activity against Us or someone else, including but not limited to receipt or transfer of potentially fraudulent funds or proceeds of crime, and We are unable to remove such suspicions;
      13. We have reasonable grounds to believe that there are circumstances related to You or a person affiliated with You which indicate to a high risk of money laundering, terrorist financing, fraud or any other illegal activity;
      14. You or a person affiliated with You is or has been the subject of an international financial sanction;
      15. return of a Transactions due to insufficient funds in the Account;
      16. We believe that Your Account or activities pose a security risk to Us;
      17. We are complying with money laundering or terrorist financing investigations conducted by government authorities, agencies or commissions;
      18. a competent public authority or another competent authority, including any competent law enforcement authority, supervision authority, tax authority, court or bailiff, has given Us a lawful order to arrest Your Account or to restrict the Services provided to You in any other way;
      19. an administrator of an international clearing system, including an international card organization, a correspondent bank of Us or any other intermediary to the services provided to You demands that We restrict the services provided to You;
      20. You have offered threats or have been abusive to Our staff;
      21. You put Us in a position where We might break a law that applies to Us if We continue maintaining Your Account;
      22. We may not provide services to You under applicable law and/or We have the right under applicable law to refuse from providing services to You and/or We have the right under applicable law to immediately terminate these Terms and Conditions entered into with You;
      23. You violate or We have reason to believe that You are in violation of any law applicable to Your use of Our Services;
      24. We reasonably believe that We are required to do so by any applicable law or in order to comply with recommendations, decrees or instructions issued by a government authority or recognised body for the prevention of crime, or effective court order.
    2. Unless informing You would compromise reasonable security measures or is prohibited under applicable law, We will where practicable notify You in advance or immediately afterwards of the suspension or restriction of the functionality of Your Account and Your right to use Our Services or terminating these Terms and Conditions and closing Your Account. If the reason for suspension or restricting of Your Account can be reasonably cured or remedied, We will notify You of action to be taken to eliminate the reason and to restore the functionality of Your Account.
    3. In order to remove the suspension or restriction of the functionality of Your Account and Your right to use Our Services, You may contact Our Customer Support. If there are no longer grounds for applying the suspension or restriction of the functionality of Your Account, We will remove the suspension or restriction and restore the functionality of Your Account and Your right to use Our Services.
    4. We shall not be liable for any damaged caused to You by suspending or otherwise restricting the functionality of Your Account and Your right to use Our Services under Section 26.1 of these Terms and Conditions if We have acted in good faith, including in case it later becomes apparent that there were no actual grounds for suspending or otherwise restricting the functionality of Your Account and Your right to use Our Services.
    5. If We close Your Account, We will redeem any unrestricted or undisputed amount of funds in Your Account in accordance with applicable law only to an account opened in Your name in a credit institution registered in a country in the EEA.
    6. If We suspect that You are engaging in an activity referred to in Section 26.1 of these Terms and Conditions, We may contact the relevant government authority, recognised crime prevention body and other third parties and disclose details of any prohibited activities, under Our Privacy Policy or any applicable law and/or take legal action against You.
  27. Changes to these Terms and Conditions

    1. We may unilaterally change these Terms and Conditions and additional terms and conditions that may apply to Our Services. Changes to these Terms and Conditions will be implemented under the procedure set forth in this Section.
    2. We will notify You at least 2 (two) months before any changes to these Terms and Conditions are due to take effect. We will notify You by posting a notice of the changes on the Customer Area and by sending a notification e-mail to Your e-mail address if so consented by You and if the changes to these Terms and Conditions are material. Any changes to the Terms and Conditions are effective 2 (two) months after We post notice on the Customer Area and send a notification e-mail to You, if any. Changes to these Terms and Conditions will not affect any legal rights or obligations which may have already arisen prior to the date specified in the notice.
    3. If We give You notice as set out above and You do not inform Us that You wish to terminate these Terms and Conditions and to close Your Account prior to the entry into force of the notified changes, then Your continued use of Our Services will constitute acceptance of the changes to these Terms and Conditions and We will treat You as having accepted them. We will display a link to the new Terms and Conditions on the Customer Area on the date when they enter into force.
    4. However, if You do not accept the changes to these Terms and Conditions, You must notify Us about that before those changes enter into force. In that event, We will treat Your notice as a notification that You wish to terminate use of Our Services and to close Your Account and subject to Section 29.2 and 29.3 these Terms and Conditions will be terminated immediately after We have received Your notification if You have indicated in it that You wish to terminate use of Our Services and close Your account or after the changes to these Terms and Conditions have taken effect without charging Fees to You. We will cease providing Our Services to You immediately and redeem the balance on Your Account to Your bank account opened on Your name in a credit institution registered in a country in the EEA.
    5. You may review the current and valid Terms and Conditions before initiating a Transaction at any time by clicking on the "Terms and Conditions" link on the Customer Area. The Terms and Conditions displayed on the Customer Are will show the most recent revision date. No revision will affect a Transaction outstanding as of the date of entry into force of the specific revision.
  28. Term

    1. These Terms and Conditions apply from the date when You confirm Your agreement to them on the Website by ticking the "I have read and agree to the GERLIONTI PTE. LTD. Terms and Conditions, Privacy Policy and Cookie Policy " check box on the Website.
    2. These Terms and Conditions are a legally binding contract between You and Us for an indefinite period unless terminated either by You or Us as explained in Section 29 of these Terms and Conditions.
    3. These Terms and Conditions end before term upon terminating Your use of Our Services and closure of Your Account in accordance with Section 29.
  29. Termination

    1. You may close Your Account upon a 1 (one) month prior notice to Us. To do so, You must notify the Customer Support via the Customer Area of Your decision to close Your Account. At Your request We may agree to close Your Account immediately.
    2. Notwithstanding Section 29.1 above, Your Account will be closed if We receive notice from You that You do not agree with changes to these Terms and Conditions as explained in Section 27 of these Terms and Conditions.
    3. If You terminate use of Our Services and close Your Account, You are responsible for cancelling pending Transactions from Your Account and any pending transfers of funds to Your Account. If You have any payables to Us under these Terms and Conditions, then You do not have the right to terminate these Terms and Conditions until all payables and debts to Us are settled in full.
    4. We may close Your Account or any payment service associated with it with or without reason by giving You a 2 (two) month prior notice. Upon the grounds provided for in Section 26.1 of these Terms and Conditions, We are entitled to terminate these Terms and Conditions immediately without notifying You in advance.
    5. We will not charge a Fee to You for terminating Your use of Our Services and closing Your provided that the termination of Your use of Our Services and closure of Your Account do not occur before lapse of 6 (six) months from the date of conclusion of these Terms and Conditions.
    6. Termination of these Terms and Conditions and closing Your Account does not mean that We delete information (including personal information) that We hold on You. We will continue to store this information, including the Transaction history, for at least 5 (five) years or longer, if so required by any applicable law.
  30. Transactions after termination

    1. If, within 1 (one) month after the termination of these Terms and Conditions, We receive a transfer of funds made to You to Your Account, then We will accept such transfer, notify You and transfer the received funds to Your bank account opened on Your name in a credit institution in the EEA in accordance with Your orders. In such case We shall have the right to debit from such transfer the Fees as applicable.
  31. Right of withdrawal

    1. If You are an individual, You have the right to withdraw from these Terms and Conditions without reason and free of charge within 14 (fourteen) calendar days of the date of opening Your Account by notifying Our Customer Support of such decision. Transactions and applicable Fees for the Transactions executed before You close Your Account, including those Transactions that are initiated and consented (confirmed) by You but not being executed by Us before closure of Your Account, will not be refunded according to these Terms and Conditions. If You do not send Us a withdrawal application within the period stipulated in this Section 31, then You will lose the right to withdraw from these Terms and Conditions.
  32. Warranties and disclaimers

    1. We will do our best to ensure that requests for debits and credits involving credit institution accounts and cheque issuances are processed in a timely manner. However, a number of factors, several of which are beyond Our control, may contribute to when processing is completed. We make no representations or warranties as to the amount of time needed to complete processing for reasons beyond Our control, such as delays caused by other payment service providers or Your local mail service. We make no representations or warranties as to continuous, uninterrupted or secure access to Our Services, which may be affected by factors beyond Our control, or which may require periodic testing, repair, upgrade or maintenance.
    2. We assume that before opening an Account, You have established that opening and maintaining an Account does not violate the law in Your country of residence. You warrant that You are not violating any applicable law by Your use of Our Services and You agree to indemnify Us, Our employees, affiliates, subsidiaries, agents and subcontractors, from any and all liability that might arise from Your use of Our Services in violation of any law.
    3. We make no express warranty to You about Our Services and We expressly disclaim all implied and statutory warranties, including, without limitation, any warranty of fitness for a particular purpose, except where a specific implied or statutory warranty cannot be disclaimed under any applicable law or except as otherwise expressly set out in these Terms and Conditions.
    4. Neither We or any of Our affiliates, subsidiaries, agents or subcontractors are responsible for any claim, loss or damage suffered or incurred by You or any third party, unless it was caused as a direct result of Us or any of Our affiliates, subsidiaries, agents or subcontractors acting fraudulently or as a direct result of Our or any of Our affiliates, subsidiaries, agents or subcontractors gross negligence, or under legal and regulatory requirements We are not allowed to exclude or limit Our liability with respect to a specific situation or event. Under no circumstances will We be liable for any claim, loss or damage caused or alleged to be caused by any of the following:
      1. errors committed by You in providing a payment order for a Transaction;
      2. use of Your Account by a person that correctly entered Your Authentication Instruments and accessed Your Account without Your authority;
      3. fraudulent or wrongful acts due to Your failure through intent or gross negligence;
      4. fraud or misrepresentation committed by another person, even if the person passed all due diligence measures;
      5. there was no way We could have reasonably predicted Your loss when You placed Your request to execute a Transaction;
      6. errors or omissions in the Website content;
      7. misuse of or inability to use the Website, whether due to reasons within Our control or not;
      8. delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;
      9. interception or seizure under applicable law;
      10. We do not follow an instruction or request from You for a reason set in these Terms and Conditions; or
      11. We fail to execute a Transaction due to abnormal and unforeseeable circumstances beyond Our control so that We could not follow these Terms and Conditions despite Our best efforts to do so.
    5. Notwithstanding anything else set in these Terms and Conditions, Services are provided “as is”. We make no representations or warranties of any kind, whether express, implied, statutory or otherwise about Our Services, including, without limitation, any warranty that Our Services will be uninterrupted, error-free or free of harmful components, or that any information and data, including Your data, will be secure or not otherwise lost or damaged. Except to the extent prohibited by any applicable law, We disclaim all warranties, including implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, non-infringement, or quiet enjoyment.
  33. Use of the Services by third persons

    1. You undertake to ensure that the Services provided to You by Us are not accessed by any third person except Yourself and to exercise due care to prevent third persons from access to Your Account or any other service provided to You by Us, unless these Terms and Conditions clearly stipulates otherwise.
  34. Privacy

    1. We process Your personal information in accordance with Our Privacy Policy, which forms part of these Terms and Conditions By accepting these Terms and Conditions, You also agree to the Privacy Policy available on the Website. You should review the Privacy Policy before agreeing to these Terms and Conditions.
  35. Maintenance

    1. We are doing Our best to make sure that Our Services would be available at all times. However, We reserve the right to cause the Services to be unavailable for the purpose of performing maintenance over the IT-systems related to the Services. In such case We will do Our best to plan such maintenance in a manner and on a date and time to minimize the potential number of affected potential Transactions for all Our customers. Should under emergency situations (for example, in the event of abnormal and unforeseeable circumstances beyond Our control) unplanned maintenance be necessary to Our Services necessitating them to be taken offline, We will use all available resources to keep the required downtime to the absolute minimum. If possible, We will notify You of maintenance related downtime in advance.
    2. We shall not be liable for maintenance related downtime. You acknowledge and agree that Our Services may at times be unavailable also due to third parties used for providing the Services. We shall not be liable for service downtime caused by such third parties.
  36. Third party services

    1. Third parties may offer their services via Our Website, Customer Area and/or any other channel administrated by Us. We are not an agent nor representative of such third parties but merely enable such third parties to provide their services via the channel administered by Us. Relations between You and such third parties are not regulated with these Terms and Conditions and We are not liable for the services provided by such third parties.
  37. Communication

    1. We may send communications and notices to You to Your Account profile on the Customer Area or at the e-mail address or to whatever contact details, which You have shared with Us, including Your, mobile phone number and postal address You gave Us during the application process for opening Your Account (or as later updated by You). You must notify us of changes to the contact details You gave Us (Your postal address, e-mail address, mobile phone number).
    2. You undertake to ensure that Your contact details shared with Us are up to date and that You can be reached using these contact details. You can update Your contact details via the Customer Area. If You do not notify Us straight away of any change in these contact details, You may not receive information that could be important – or it could fall into the wrong hands.
    3. We will normally send communications and notices to Your Account profile on the Customer Area or to Your e-mail address or Your mobile phone number. If We send You information through the Customer Area to Your Account profile that requires action by You or is substantial in Our opinion, We will send You an e-mail reminding You to check messages posted on Your Account profile on the Customer Area.
    4. If We wish to send a notice to You by post, We will send it to You at the most recent postal address You gave Us. If the letter sent by Us is returned as undelivered, We will stop using that address unless We are required by any applicable law to send You information by post.
    5. All communications and notices from Us under these Terms and Conditions that are sent:
      1. by e-mail will be deemed to have been given and received on the day when the e-mail was sent unless We receive an electronic indication that the e-mail was not delivered to You;
      2. to Your mobile phone will be deemed to have been given and received on the day when the message was sent;
      3. to Your Account profile on the Customer Area will be deemed to have been given and received on the day when the message was posted on the Customer Area;
      4. by post will be deemed to have been given and received on the 10 (tenth) day after the date of handing over a letter to a post office for dispatch but if actually received earlier – then on the day of actual receipt.
    6. All communications and notices between You and Us must be in English or in another language if so requested by You and if Our Customer Support team has a member with skills to communicate in Your preferred language.
  38. Miscellaneous

    1. If any provision in these Terms and Conditions is declared null and void or inapplicable, said provision shall be deemed non-existent, and all other provisions of these Terms and Conditions shall remain applicable. In such case You and We undertake to take all steps to eliminate the provision declared null and void and/or inapplicable and to replace the same with a provision approaching, insofar as possible, the economic objective of the provision declared null and/or inapplicable.
    2. You may not transfer, assign, subcontract or delegate Your rights, duties or obligations under these Terms and Conditions without Our consent. We are entitled without Your consent, at any time, assign, novate, or otherwise transfer these Terms and Conditions or rights or obligations arising under them, subcontract and use the services of one or more of Our affiliates, subsidiaries, agents or subcontractors, if any, in order to fulfil Our obligations.
    3. You acknowledge that any and all rights, title and interests in and to all of the material and results, and all intellectual property rights (including, but not limited to, all patents, inventions, trademark rights, copyrights and neighbouring rights, rights in software and database rights, design rights, trade secrets and know-how including the rights to registration and application for these rights) (“Intellectual Property Rights”) embodied in, associated or used with Our Services, Account and any payment instrument or solution We offer shall be and shall remain the sole and exclusive property of Us. You must not during or at any time after the termination of these Terms and Conditions in any way directly or indirectly dispute or contest Our ownership of the material and results, and the Intellectual Property Rights referred under this Section. You do not have a right to use, reproduce, modify or distribute Our Intellectual Property Rights.
    4. These Terms and Conditions are solely governed by the laws of the Republic of Singapore. To the matters not covered by these Terms and Conditions, relevant provisions of the Payment Service Act of the Republic of Singapore apply.
    5. You have the right to submit to Us complaints about the Services provided to You by submitting a respective complaint to the Customer Support via Customer Area. You agree that the arisen under these Terms and Conditions shall be resolved in accordance with Our Complaints Policy.
    6. Our failure to exercise or enforce a right under these Terms and Conditions does not amount to a waiver of that right or operate to bar the exercise or enforcement of that right in the future.
    7. Rights and remedies available under these Terms and Conditions are cumulative and are in addition to other rights or remedies available to Us under applicable law or in equity.
    8. These Terms and Conditions constitute the entire agreement between You and Us with respect to the subject matter of the Terms and Conditions and supersede and replace all prior agreements.
  39. Contacting Us

    1. f You have any questions about these Terms and Conditions or any of Your dealings with Us, You can contact Our Customer Support via the Customer Area.
    2. Our Customer Support is available during Working Hours for any questions You may have. If You contact Our Customer Support, please provide the following information:
      1. Your Account number;
      2. Your name and last name (if You are an individual) or Your company name (if Your are a Business Entity);
      3. Your full mobile phone number, including country code;
      4. a brief message about Your question or complaint.
  40. Definitions

    The following capitalized terms have the following meanings in these Terms and Conditions:

    "Account" – an online payment account opened for and held by a Customer with GERLIONTI PTE. LTD. and which it may access via the Website with the use of Authentication Instruments.

    "Authentication" – the performance of operations, which enable GERLIONTI PTE. LTD. to identify and verify the identity of a Customer.

    "Authentication Instruments" – unique means of identification, which enables the Customer to Authenticate itself to GERLIONTI PTE. LTD., to Authorise certain operations for GERLIONTI PTE. LTD., for example, a login user name (e-mail address) and password and/or a secondary password (set by You for Your own account, if any), and, if You use a two-factor authentication then also one-time authentication code.

    "Authorisation" – the process whereby a Customer Authorises (initiates and consents) to GERLIONTI PTE. LTD. for executing a Transaction as set forth on the Customer Area and in these Terms and Conditions.

    "Beneficiary" – an individual or Business Entity which is the intended recipient of funds which are the subject of a Transaction.

    "Business Day" – a day (other than a Saturday, Sunday or a public holiday) on which banks are open for the business in the Republic of Singapore.

    "Business Entity" – a legal person, commercial or business entity duly organized and validly existing under the laws of its domicile.

    "Complaints Policy" – GERLIONTI PTE. LTD.’s Complaints Policy concerning Services available on the Website, as may be amended from time to time.

    "Cookie Policy" – GERLIONTI PTE. LTD.’s Cookie Policy concerning the Website and Services, available on the Website, as may be amended from time to time.

    "Customer", "You", "Your" – an individual or Business Entity that has agreed with these Terms and Conditions, meets all the eligibility requirements set in these Terms and Conditions and thus is deemed eligible to hold an Account with GERLIONTI PTE. LTD. (in its discretion) and, as such, is provided an Account and is enabled to use Services.

    "Customer Area" – the secured interface of the Website where the Customers can review and operate on their Transactions, profile and settings and find usage instructions, and information regarding Our Services.

    "Currency of Account" – euro or other currency made available for selection by You and registered for Your Account.

    "Customer Support" – Our customer support service available during Working Hours for any questions regarding Our Services You may have.

    "EEA" – the European Economic Area.

    "Fees" – fees and charges levied by Us for Your use of Our Services. Applicable fees and charges appear under "Fees&Limits" in the “Payment Section” on the Customer Area and are provided for in the "Account Related Fees" list.

    "GERLIONTI PTE. LTD.", "We", "Us" or "Our" – a company incorporated and operating under the laws of the Republic of Singapore and registered in the ASST REGISTRAR OF COMPANIES AND BUSINESS NAMES ACCOUNTING AND CORPORATE REGULATORY AUTHORITY (ACRA) SINGAPORE under the business name GERLIONTI PTE. LTD., company number 201904431H, registered address and the principal place of business: 491B River Valley Road, #15-01, Valley Point, Singapore (248373).

    "information" – collectively personal information and non-personal information and documents.

    "Privacy Policy" – GERLIONTI PTE. LTD.’s Privacy Policy concerning Services available on the Customer Area, as may be amended from time to time.

    "Services" – payment services provided by Us for Your account and including activities required for operations with an Account, due diligence measures, execution of Transactions, and other activities and services offered by GERLIONTI PTE. LTD. to You, as described in these Terms and Conditions.

    "Terms and Conditions" – the current version of these Terms and Conditions available on the Website and as may be amended from time to time under these Terms and Conditions.

    "Transaction" – a transfer of funds by debiting Your Account and concurrent crediting to a Beneficiary account as Authorised by You under these Terms and Conditions, and in each case after deduction of applicable Fees.

    "Transaction Limit" – the maximum amount of a Transaction up to which the Customer can execute the Transaction from the Account.

    "Website" – the website branded as GERLIONTI PTE. LTD. and referring to domain https://www.gerlipay.com.

    "Working Hours" – from 09:00 EET to 18:00 EET on Business days in the Republic of Singapore, or such other hours as may be published by GERLIONTI PTE. LTD. on the Customer Area.