LAST UPDATED JULY 2023
UAB ‘TransferGo Lithuania’
Terms and Conditions
These Terms and Conditions (referred to in this document as ‘T&C’) are the business conditions of UAB ‘TransferGo Lithuania’, company code 304871705, with a registered office at Palangos str. 4, Vilnius, Lithuania (referred to in this document as ‘we’), as well as the conditions and procedures for providing our services through www.transfergo.com and mobile application [TransferGo]. They also establish the rights, duties and responsibilities of the Consumer and the Company when it comes to these services.
These T&C apply to all relationships between the Company and the Consumer that arise from the provision of services.
Our electronic money institution license is issued by the Bank of Lithuania, authorisation code LB000461, license number 36, dated 2018-07-10. We’re supervised by the Bank of Lithuania located at Gedimino pr. 6, LT-01103, Vilnius, Lithuania, telephone no. +370 800 50 500. You can find more information about the Bank of Lithuania here: https://www.lb.lt/en/. Data about us is collected and stored at the Register of Legal Entities of the Republic of Lithuania.
We are included in the public list ‘Electronic money institution, holding a license issued in Lithuania for non-limited activity’ managed by the Bank of Lithuania which is published in the Bank of Lithuania’s official website. The list may be found following the link: https://www.lb.lt/en/sfi-financial-market-participants?ff=1&market=1&business_form%5B%5D=32.
Any references to ‘we’, ‘us’ or ‘our’ shall be taken as references to UAB ‘TransferGo Lithuania’. Any references to ‘you’ or ‘your’ shall be taken as references to you, the customer of UAB ‘TransferGo Lithuania’.
To make sure that you share our understanding of the key terms in this document, we have defined them below:
‘Account’ – the electronic money account that you have opened, or are about to open, with us which is used for Transfers
‘Account Statement’ – a document we provide which includes information about Transfers executed during a specific period of time
‘Authentication’ – a procedure which allows us to verify your identity or the validity of the use of a specific Payment Tool, including its personalised security credentials
‘Commission Fee’ – a charge we apply for our services, as shown in the price list and specific agreement for service provision
‘Consumer, you’ – you as a private person acting for purposes other than your trade, business or profession under these T&C
‘Customer’s Account’ – the collection of details, transactions and profile settings that make up your personal profile with us, allowing you to create transfer orders, monitor your transactions and communicate with us
‘Durable Medium’ – somewhere that information intended for you personally is stored in a way that is accessible and doesn’t alter that information
‘E-money’ – an electronic alternative to cash; monetary value that is stored electronically on receipt of funds, and which is used for making Payment transactions
‘E-wallet‘ – a digital wallet (also referred to as e-wallet) which allows you to conduct electronic financial transactions using digital currency
‘Funds’ – banknotes and coins, scriptural money or electronic money
‘Parties’ – you and us
‘Receiver’ – a private or legal person who is meant to receive the funds as per the Transfer Order
‘Payer’ – a private or legal person who allows a Transfer Order from the payment account, or, if there is no payment account, a private or legal person who submits a Transfer Order
‘Payment Tool’ – a personalised device(s) and/or set of procedures which you use to, for example, initiate a Transfer Order
‘Transfer’ – the act, initiated by the payer or on his behalf or by the payee, of placing/ transferring/withdrawing funds
‘Personalised Security Credentials’ – personalised data used for authentication purposes which either we give you, or you create using means that we provide
‘Services’ – services provided by us under these T&C
‘Strong Customer Authentication’ – an authentication that requires two or more of the following elements:
- categorised as knowledge (something only you know)
- possession (something only you possess)
- inherence (something that is particular to you alone)
‘T&C’ – these Terms and Conditions and its annexes, if any
‘Transfer Order’ – an instruction given to us by a payer or payee to execute a Transfer
‘Unique Identifier’ – a combination of letters, numbers and symbols that clearly identifies another payment service user—another bank’s IBAN number, for instance.
‘Website’ –our website at the address: www.transfergo.com.
‘Working Day’ – a day when we provide services. This is not a Saturday, Sunday or national holiday as specified by legal acts in the Republic of Lithuania or in the receiver’s or payer’s country
2. REGISTRATION AND OPENING YOUR ACCOUNT
- You are given the opportunity to familiarise yourself with these T&C before being bound by them. They’re available on the Website in both English and Lithuanian.
- After reading them, you’ll be asked to accept them by selecting the appropriate ‘check-box’. If you do not, or if you skip this step, you will not be able to complete the registration process or use our Services.
- Before we open your Account, you must first submit an application and provide all the documents and information that we ask for.
- To identify you, we’ll ask you to provide personal information and/or documentation. This includes (but is not limited to) your name, surname, personal identification number, a Live Selfie, aim and purpose of opening of an Account, etc. We can only conclude our agreement once you have provided this information. If during the registration you provided the name and the surname that do not match in any way with your ID documents submitted to us, you agree that we will autocorrect your details according to your ID documents.
- You are responsible for providing accurate and truthful information at all times, and are liable for any losses that may arise from submitting invalid data.
- Once you have provided all the necessary information and we have approved your application, the Account will be opened and you’ll be able to start using our Services.
- We have the right to refuse to register you and open your Account without explaining why. However, we will only withhold explanations if we have ‘significant reasons’ for doing so, which we do not have to reveal—or might be forbidden from revealing by law.
- You are entitled to open one Account unless we explicitly approve opening additional Accounts.
3. OUR SERVICES
The services we provide are as follows:
- e-money Account opening, funds/money transfer, electronic banking services, e-wallet
- money remittance.
4. ISSUING AND REDEEMING ELECTRONIC MONEY
- When we receive funds from you, we issue an equivalent value of e-money.
- When we receive your request, we redeem your e-money in an equivalent monetary value.
- If your request differs from the clauses stipulated in these T&C, the conditions, time period and additional remuneration for redeeming e-money will be discussed in a separate agreement between the Parties.
- For e-money redemption, we may only charge additional remuneration if:
- you ask to redeem e-money before these T&C expire
- you terminate these T&C before these T&C expire
- you ask to redeem e-money more than 1 (one) year after these T&C expire.
- There are no specific conditions for redeeming e-money that differ from the standard conditions for Transfers performed on your Account.
- You choose how much e-money to transfer or redeem.
- If you ask us to redeem your e-money before these T&C expire, you are entitled to ask us to redeem part or all of its monetary value.
- You may ask to redeem your e-money by generating a Transfer Order to move funds from your Account to any other account you choose. You can also withdraw it from the Account by other methods that we support.
- We have the right to apply limitations on e-money redemption if the transfer is impossible for ‘specific reasons’—for instance, we do not transfer to countries or entities subject to sanctions published by the European Union, the Office of Foreign Assets Control (OFAC) of the USA and other relevant organisations. The list of specific reasons, which includes legal regulations in the receiver’s country and technical obstacles, is not finite.
- If we fail to repay you for reasons beyond our control, we’ll inform you straight away. You will give us another account to send the money to, or give us any additional information we need to complete the repayment.
- We will redeem the full monetary value of e-money if you apply for it at the expiration or no more than 1 (one) year from the expiration of these T&C.
- E-money held in the Account is not a deposit. We do not, under any circumstances, pay any interest for e-money held on the Account, or provide any other benefits associated with the time period the e-money is stored.
5. STRONG CUSTOMER AUTHENTICATION
1.We apply Strong Customer Authentication when you, as the payer:
- access your Account online or by using another remote channel
- initiate an electronic Transfer
- carry out any action through a remote channel which might suggest a risk of fraud or other abuses.
- You will not bear any financial losses if we do not apply Strong Customer Authentication, unless you have acted fraudulently.
- Strong Customer Authentication data means:
- your login name (the phone number you register with)
- your password
- a special code sent to your mobile phone before you sign into your Account and when you initiate a Transfer. We will not execute a Transfer unless you enter the special code.
- After you access your Account, you can remain inactive for a maximum of 5 minutes. After 5 minutes, the session will be over and you’ll be asked to log in again.
- If you enter the wrong authentication data 3 times, we are entitled to block that data. We will inform you before we do so. If this happens, you will have to apply for new authentication data.
6. INFORMATION NEEDED IN TRANSFER ORDERS
- You will be asked for a Unique Identifier so that we can initiate and execute the Transfer Order properly.
- The Transfer is deemed properly executed if it’s carried out according to that Unique Identifier.
- We may verify the coherence of the Unique Identifier. If it’s incoherent, we can refuse to execute the Transfer and inform you—as the Payer—of this.
- We may ask you for additional information (e.g. amount and currency, receiver’s name, surname etc.) to execute the Transfer properly.
- We will also provide you with the estimated amount the Receiver will receive (the “Payout Amount”) after currency conversion and deduction of the Transaction Fee.
- The actual amount that the Receiver receives may differ from the Payout Amount due to additional fees applied by banks or other service providers. Please see section 14: ‘Other fees, charges and interest’.
- It is solely your responsibility to make sure all transaction details are accurate before submission.
7. GIVING AND WITHDRAWING CONSENT TO INITIATE A TRANSFER ORDER OR EXECUTE A TRANSFER
- A Transfer is only considered authorised if you, as the Payer, have given your consent to execute it beforehand.
- You can give your consent by going through the authentication procedures we provide (e.g. passwords, codes, etc.).
- Written consent must be signed properly.
- You can give your consent in other formats as required by specific services and/or indicated in additional agreements between the Parties.
- You may withdraw your consent to execute a Transfer any time before we receive it. We might not be able to cancel a Transfer that has already been executed. You may also withdraw consent to execute a series of Transfers, in which case all future Transfers become unauthorised.
- If a Transfer is initiated by or through the Receiver, the Payer cannot revoke the Transfer Order once they have given the Receiver consent to execute it.
- If the Parties agree in advance on a specific date to execute a Transfer Order, the latest you can withdraw the Transfer Order is the day before the agreed date—before the end of the Working Day.
- When these time limits expire, the Transfer Order can only be revoked if the Parties—and in some cases, the Receiver—agree to it.
8. RECEIVING A TRANSFER ORDER, REFUSING TO EXECUTE IT, AND OTHER TRANSFER ORDER REQUIREMENTS
- As long as there are enough funds in your Account, we will process your Transfer Orders ‘without undue delay’. If there are insufficient funds, we will not execute the Transfer Order.
- We consider the Transfer Order received at the time we receive it. If that day isn’t a Working Day, we consider it received on the next Working Day.
- We will not debit funds from your Account before we receive the Transfer Order.
- A Transfer Order received outside of business hours on a Working Day is considered received on the next Working Day.
- If we agree to execute a Transfer Order on a specific day, that day will be considered as the time of receipt. If the agreed day is not a Working Day for us, the next Working Day will be considered as the time of receipt.
- Transfer Orders inside our system are executed immediately (within a few minutes, unless the Transfer is suspended due to cases stipulated by legal acts and these T&C), regardless of our working hours.
- If we refuse to execute your Transfer Order, we will explain why, and explain what needs to be done to correct the errors that prevented the Transfer—unless it’s impossible or against the law to do so.
- We may refuse to execute or accept your Transfer Order if your right to manage funds is limited by law, or if legal acts suspend Transfers, except for in cases specified in point 9 below.
- Where the law stipulates that enforced recovery does not apply to a certain amount of funds in your Account, we will make sure you have access to those funds.
9. EXECUTING A TRANSFER
- If you order a euro transfer within the EU, we make sure that the relevant amount is credited to the account of the Receiver’s payment service provider before the end of the next Working Day, unless stipulated otherwise.
- If you order a euro transfer within the Republic of Lithuania before 12 noon, we’ll make sure that the relevant amount is credited to the account of the Receiver’s payment service provider on the same Working Day. The relevant amount of Transfers ordered after 12 noon will be credited to the account of the Receiver’s payment service provider no later than the following Working Day.
- If the Parties agree to execute a Transfer Order on a specific day, we will make sure the money is credited to the account of the Receiver’s payment service provider on the same day, or (if that day isn’t a Working Day) on the next Working Day.
- When you are making non-euro transfers inside the EU, we will try to make sure the amount is credited to the account of the Receiver’s payment service provider by the end of the next Working Day, but no later than four Working Days after we receive your Transfer Order.
10. PAYMENT SPENDING LIMITS
- The maximum spending limits for Transfers are set in specific agreements signed between the Parties.
11. BLOCKING YOUR ACCOUNT AND / OR PAYMENT TOOL
- We can block Transfers from your Account, or deny you access to the Payment Tool, if:
- we suspect that the funds on your Account might be used to commit a crime, or result from one
- you fail to honour your obligations under these T&C
- laws and regulations require us to do so
- we think it’s necessary or advisable to protect your Account.
- Transfers are either:
- in breach of these T&C or your Account’s security requirements
- suspicious, unauthorised, or fraudulent, or
- made when you are, or appear soon to become, insolvent or bankrupt.
- We will try to let you know before we make any such blocks or suspensions or, if we cannot, immediately afterwards. We will always try to explain why we have taken these steps unless laws or regulations forbid it, or doing so would compromise security.
12. THE INFORMATION YOU GET ABOUT PAYMENTS
- Before we execute the Transfer Order, we must inform you of the maximum possible time limit for the Transfer Order’s execution, the Commission Fees you need to pay and how those fees are split up. This information is available in your Customer’s Account.
- We will provide you with Account statements of executed Transfers, showing:
- information that allows you to identify each Transfer and details about the Receiver
- the Transfer amount in the currency specified in the order
- the Commission Fees for each Transfer and how those fees are split up
- the currency exchange rate, where relevant, and the Transfer amount after that exchange rate was applied
- the date funds were debited or the date we received your Transfer Order
- other information that we will provide as required by legal acts of the Republic of Lithuania.
- These details are provided to you personally via your Customer’s Account.
- We must also tell you of any suspected or actual fraud committed by other people, or anything that threatens the security of your Account, by email or SMS (whichever is safest and most practical at the time.)
13. PRICES, COMMISSION FEES, AND CURRENCY EXCHANGE
- The Price List, and these T&C, outline the charges we apply for our usual services. Other non-standard services might incur charges that aren’t defined here or in the Price List—but we will always tell you of such cases beforehand.
- Charges and fees for Services are quoted in euro (unless otherwise indicated), exclusive of VAT.
- If VAT or any other tax needs to be charged, we’ll add it to the amount that needs to be paid in. Where required, we’ll detail the net amount, amount of tax and the tax rate.
- You pay a Commission Fee for the Services we provide.
- Any charges you need to pay will be deducted from your Account balance.
- If your Account balance does not cover Transfer and Commission Fees, we have the right to refuse to execute the Transfer.
- We’ll provide you with the currency exchange rates before starting Transfer.
- Currency exchange is based on our exchange rate at the moment of conversion. This is constantly updated and published on our Website. When you create a Transfer with a rate shown, you’re subject to a conversion rate limit of 5%. We reserve the right to cancel the transfer and return your funds to the account it came from if the foreign exchange conversion rate changes by 5% or more during the time we guarantee your rate for.
- We are not a currency trading provider, therefore you should not use our Services for this purpose. We reserve the right to cancel the transaction and refund your payment if we determine that you are using our Services for this purpose.
- The Parties agree that the changed basic currency exchange rate will be applied immediately. We inform you about in one of the formats mentioned in these T&C.
- We’ll give you a Statement of Commission Fees on your Account at the start of each calendar year, free of charge. If these T&C are terminated we’ll give you a statement for all Commission Fees from the start of the calendar year to the day these T&C are terminated.
14. OTHER FEES, CHARGES AND INTEREST
- If you submit a transaction that results in TransferGo becoming liable for fees or charges, such as chargeback or other fees, you agree to reimburse us for all such fees.
- In order for us to collect payment from you, you authorise us to access, charge, or debit funds from, any of your Payment Tools.
- For example, if there are insufficient funds in your bank account when you submit your transaction, we may try to debit your bank account or charge your credit card at a later time.
- TransferGo is not responsible for any charges applied by the Receiver’s bank for the receipt of funds into the Receiver’s bank account.
- You should contact the Recipient’s bank directly for details about any such charges they might apply to the transaction.
- TransferGo bears no responsibility for any fees or charges you may incur by using a particular Payment Tool to fund a transaction. These may include, but are not limited to, unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account, or ‘cash advance’ fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction.
- You will not be entitled to any interest for the period during which the funds to be remitted are with the Bank, or pending remittance or are in the course of remittance, or for any other period. TransferGo may, at any time and at our sole discretion, limit the amount to be transferred, either on a per transaction basis or on an aggregated basis.
- On some occasions, intermediary bank fees may apply. In such cases TransferGo may refuse to cover the fees. TransferGo is not liable for covering fees imposed by the Receiver’s bank.
- TransferGo may charge additional fees for transactions initiated with a business card, to cover additional costs levied by the card issuer and card schemes for processing these transactions.
15. COMMUNICATION BETWEEN THE PARTIES
- All communication, information about changes to our Prices and Services, and other information shared between the Parties will be either in Lithuanian, English, or in another language that we specifically agree on with you.
- We can communicate:
- through your Customer’s Account
- by email
- by telephone
- by posting publicly on our Website.
- Communication between the Parties will mainly take place through your Customer’s Account and via email. Any information we send to you via these channels is considered delivered and effective.
- Emails can be sent to the addresses posted on our website, and to the email addresses you use to register.
- Where you contact us by phone, we will use your data to verify your identity. Phone calls can take place at the times published on our Website.
- You are also entitled to receive these T&C, and information relating to them, on paper or any other Durable Medium that we are able to provide.
- If you wish to contact us with any concerns you have about these T&C, call us on +370 5 2140 450 (note: telephone network charges will apply), contact us via in-app support or email us at [email protected].
16. CHANGES TO FEES, T&C, AND TERMS OF SERVICE
- We may change our Commission Fees, T&C and/or Terms of Service. We’ll present you with the revised T&C personally through your Customer’s Account, and also inform you (by email or SMS) at least 60 calendar days before we change them. You can accept or reject these changes. If you disagree with them, you must inform us in writing or by emailing [email protected].
- If we do not receive your refusal within 60 calendar days, you will be bound by the new T&C.
- If you do not agree with the new T&C, you may terminate the T&C immediately, without charge, and at any time after being informed of the changes and before they come into effect. You must still fulfil any obligations that arose before the T&C were terminated.
17. SECURITY AND CORRECTIVE MEASURES
- You are responsible for the safety of the devices you use to log in. Please do not leave them unattended or within other people’s reach.
- The moment you become aware of the loss, theft, misappropriation or fraudulent use of a Payment Tool, you must immediately notify us (or any other entity designated by us) through your Customer’s Account, and at the same time, either send us an email from the email address you have registered in our system, or call us over the phone. At this point we may take additional steps to make sure it’s you.
- If you notice any suspicious activity on your Customer’s Account, or you think third persons might have logged into it, you must:
- tell us immediately, and ask us to block your Customer’s Account, and
- change your password.
- If your account is used for any sort of misconduct (eg fraud, crime, terrorism or other offences), you will be legally liable.
18. WHAT HAPPENS WITH UNAUTHORISED PAYMENTS
- If you think a Transfer that has gone through was unauthorised or wrongly executed, you must tell us in writing as provided by the Law that regulates the activities and liability of payment services providers. Not doing so confirms that you approve of a Transfer.
- If you notify us of the loss, theft, misappropriation or fraudulent use of a Payment Tool as described in point 17.2 above, you will not incur any financial consequences from the improper use of a lost, stolen, or misappropriated Payment Tool (unless you have acted fraudulently).
- As soon as we learn that you didn’t authorise a Transfer, we’ll return the amount of that Transfer to you—no later than by the end of the next Working Day—and, where applicable, restore your Account balance (unless we suspect fraud). If we do suspect fraud, we’ll inform the Bank of Lithuania.
- You will have to pay the first 50 euros of losses incurred through:
- usage of a lost or stolen Payment Tool
- misappropriation of a Payment Tool.
- You will not have to cover any losses if:
- you could not notice the phone was lost, stolen or misappropriated before the Transfer was made (unless you act fraudulently), or
- the unauthorised Transfer was our fault.
- You will cover all losses incurred by you acting fraudulently, or if you fail to fulfil your security obligations (see section 16) intentionally or through gross negligence. If we do suspect fraud, we’ll inform the Bank of Lithuania.
- If we do not ask for Strong Customer Authentication, you will only have to bear the losses of unauthorised Transfers if you have acted fraudulently.
19. OUR LIABILITY FOR PROPERLY EXECUTED TRANSFERS
- When we carry out a Transfer according to the Unique Identifier you have indicated in the Transfer Order, the Receiver details are considered correct. We have the right (but are not obligated) to check whether the Unique Identifier in the Transfer Order corresponds to the account holder’s name and surname. If we find a clear mismatch, we can refuse to execute the Transfer.
- If a Transfer Order that you have correctly initiated is incorrectly executed (or not at all), we will (at your request) immediately try to trace the Transfer and let you know the results of our search, free of charge. When we carry out a Transfer Order according to incorrect data that you have provided, we are not responsible if the Transfer is wrong or incomplete. We will try to recover the funds of incorrect Transfers and, if we cannot, we’ll give you all the relevant information we have (in writing or any other Durable Medium) so that you can file a legal claim to recover the funds.
- If the mistake is ours and we are liable for wrong or incomplete Transfers, we will refund you without undue delay and, where applicable, restore the balance of the Account that was debited.
- We will also compensate you for any charge you incur from faulty or incomplete Transfers caused by our mistake.
- We are not liable for indirect losses incurred by you due to fault or incomplete Transfers. We are only liable for your direct losses.
- If you choose to use our Services to pay third parties for their goods and services, you are doing so at your own risk. We have no control over the quality, safety, legality or delivery of those goods and services.
- Limitations of our liability will not be applied if prohibited by law.
20. REFUNDING TRANSFERS INITIATED BY THE PAYEE
- You may recover the full amount of executed Transfers initiated by or through the Receiver, if:
- a precise amount was not specified when the Transfer was authorised, and
- the Transfer amount exceeds the amount which could have been reasonably expected of you.
We will ask you to give us information about these conditions.
- You can request such a refund within 8 weeks of the debit date.
- We will repay the full amount within 10 Working Days of receiving your refund request, or explain why we will not be refunding you and also specify the procedure for appealing against our refusal.
- If you notice that funds that do not belong to you have been credited to your Account, you must inform us immediately.
- If an amount is incorrectly credited to your Account, we may debit it without your separate consent. If you no longer have the funds in your Account to cover such a debit, you must repay us within 3 Working Days of receiving our request. If you fail to cooperate and refund the funds, TransferGo will take legal and enforcement action.
22. FORBIDDEN ACTIVITIES
- When you are using our Services, you are prohibited from (including, but not limited to):
- not complying with these T&C, any amendments to them, and legal acts
- refusing to provide information or take other actions that we reasonably request
- executing or receiving transfers of illegally acquired funds that you either are, or should be, aware of
- using our Services in a way which causes losses, responsibility or other negative legal consequences or damage to our business reputation
- spreading computer viruses and taking other actions that could cause our system malfunctions, information damage or destruction, and any other damage to our system, equipment or information
- disclosing your passwords and other Personalised security measures on your Customer’s Account to anyone else.
- You shall reimburse all direct damages, fines and other monetary sanctions that we incur if you violate or fail to observe these terms, including (but not limited to) those mentioned above.
23. SAFEGUARDING YOUR MONEY
We partner with regulated credit institutions that hold the funds of customers separately to our own funds in accordance with applicable regulations. This is known as safeguarding. As your funds are separately safeguarded, if we were to become insolvent, once any costs related to any insolvency are paid out, you (and all our other customers) would be paid out from the safeguarding accounts held at the regulated credit institution. This process would be handled by an insolvency practitioner, not by us. For further information on how we look after your money, please visit https://support.transfergo.com/hc/en-gb/articles/360059777492-How-do-you-keep-my-money-safe-EU
- All the agreements that you conclude with us, as well as all the information and data exchanged between the Parties, are confidential. They will only be used only for the purposes of these T&C and only to the extent necessary for such those purposes.
- If supervisory and/or law enforcement authorities request confidential information, its disclosure will not be considered a breach of the conditions above.
25. PERSONAL DATA PROTECTION
26. TERM AND TERMINATION
- These T&C may be terminated by mutual agreement.
- You may terminate these T&C at any time by telling us (in written or any other Durable Medium) at least 30 days in advance.
- You may terminate these T&C free of charge, if you have zero or positive balance on your Account.
- We may terminate these T&C by telling you 60 days in advance, in writing or using any other Durable Medium.
- We may also terminate these T&C (60 days in advance) if you have made no Transfers for 12 months or more. Before doing so we will contact you to understand your need for having an Account open with us. We will be guided by the Decision of the Director of Supervisory Department of the Bank of Lithuania No. 241-229, dated December 18th 2017, during this procedure.
- We may terminate these T&C immediately if we reasonably consider or determine that you:
- are in violation of applicable laws or regulations
- have provided false or misleading information or documentation to us and/or failed to keep such documents and information up to date
- are using the Services to make or receive Transfers for activities forbidden in these T&C, or
- are otherwise using the Services for malicious, illegal or immoral purposes.
- have used abusive or threatening behaviour towards our employees
- When these T&C end, we will send you details of all Transfers completed while these T&C applied, for up to 36 months before the end date.
- Any obligations arising before these T&C end will be executed properly.
27. GOVERNING LAW AND DISPUTE RESOLUTION
- These T&C have been prepared in accordance with the laws of the Republic of Lithuania.
- Disputes between the Parties should be solved through negotiations.
- If we cannot solve them this way, you can raise a complaint with us by post or email. We will ask you to give your name and surname, contact details such as a phone number and email address, details of the complaint, copies of any documentation that supports the complaint and how you would like us to put the matter right. If you would like to submit a complaint by email, please send it to [email protected].
- After receiving your complaint, we will confirm it with you and give a time limit for our reply. This varies according to the complexity of your complaint, but we will do our best to get back to you as quickly as possible, and within no more than 15 Working Days. If we do not think we can reply within that time frame, then we will let you know when to expect our reply, which will be within 35 Working Days.
- You have also the right to apply to the Bank of Lithuania to settle a dispute with us in accordance with the following terms and procedures:
- Before contacting the Bank of Lithuania, you must contact us as described above—and no later than 3 months from the day on which you became aware that your rights might have been violated.
- If you are not satisfied with our reply, or if you do not receive it within the 15 to 35 days described above, you can contact the Bank of Lithuania within 1 year of first contacting us. Once you miss this period, you lose the right to apply to the Bank of Lithuania to resolve the dispute.
- You may apply to the Bank of Lithuania for a dispute with us:
- via the electronic dispute settlement tool “E-Government Gateway”
- by filling in the Consumer Application Form available on the website of the Bank of Lithuania and sending it to the Bank of Lithuania Supervision Service at Žalgirio g. 90, LT-09303, Vilnius, Lithuania, or by email to [email protected]
- by filling in the free form application and sending it to the Bank of Lithuania Supervision Service at Žalgirio g. 90, LT-09303, Vilnius, Republic of Lithuania, or by email to [email protected].
- You can find out more on dispute settlement procedures on the Bank of Lithuania website: https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider.
- If you think that we have violated laws regulating the financial market, you have the right to file a complaint to the Bank of Lithuania.
- Your complaint to the Bank of Lithuania may be submitted:
- in writing to: Totorių g. 4, LT-01121, Vilnius, Republic of Lithuania or Žalgirio g. 90, LT-09303, Vilnius, Republic of Lithuania
- by email: [email protected] or [email protected];
- by fax: (85) 268 0038;
- by filling in an electronic link in the designated section of the Bank of Lithuania website
- by any other means specified by the Bank of Lithuania.
28. FINAL PROVISIONS
- These T&C will take effect after we approve your application and register you. They will remain valid indefinitely, unless we come to a separate agreement with you.
- You may renounce these T&C within 14 days of agreeing to them, free of charge. You can do this either in writing or through your Customer’s Account.
- Neither party shall be liable for any economic loss, delay or failure in performance of any part of these T&C to the extent that such loss, delay or failure is caused by fire, flood, explosion, accident, war, strike, embargo, governmental requirement, civil and military authority, Act of God, civil unrest, unavailability of public internet, hacking or distributed DoS attacks, inability to secure materials or labour, termination of vital agreements by third parties, action of the other party or any other cause beyond such party’s reasonable control. If such force majeure circumstances last longer than 3 months, either party is entitled to terminate these T&C immediately after giving written notice.
- We shall not bear any responsibility for failing to comply with our obligations set out in these T&Cs arising in connection with the state of emergency and/or quarantine declared by governments.