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Fana Impact Wallet - User Terms and Conditions v 1.1

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Please carefully review these Terms and Conditions prior to using the App (defined below). Your attention is drawn to the fact that these terms may be amended from time to time and as such may have changed since you last reviewed them.

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Definitions

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• App: The Fana Impact Wallet application, accessed exclusively via https://fanaverse.app.
• Fana, us, we, and our: My Fana Europe Ltd (company number 14025200) whose registered office is at 1 Lyric Square London, W6 0NB United Kingdom.
• Recipient: The charity, non-profit, and/or other causes listed within the Fana App, to which users can allocate IP for voting on charity contributions.
• Website: The website hosted on https://www.fanaverse.io.
• You and your: Each and every user who acquires Fana Impact Points (IP) in the Fana Impact Wallet to vote on allocations to Recipients via the App.

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Where to Find Information About Us and Our Services

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All information about us and our services is available on our Website and the App.

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Disclaimer

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Fana is not an accounting, taxation, legal, financial, or professional advisor, and you should not rely on information given on the App to determine any consequences of making an Allocation to any Recipient. By downloading the App, you hereby agree that the App and the service are provided on an 'as is' basis and that the use of the App is at your sole risk. We do not guarantee, represent, or warrant that your access and use of the App will be uninterrupted or error-free. On that basis, except as expressly set out in these Terms and Conditions (and except for the rights, guarantees, and remedies which cannot be excluded), Fana does not provide any other conditions, guarantees, warranties, or terms in relation to the App and its associated service, to the extent permissible by law. Fana does not warrant or guarantee the accuracy of the content and/or information displayed on the App.

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Account Creation

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Upon accessing the App, you will be required to create an account to access the service. You will be asked to set up an account by providing us with a valid email address, your full name, your date of birth, and setting a password. You are responsible for maintaining the confidentiality of your account and password at all times. Please note that claiming any tax deductions using someone else’s personal data is against the law. If you become aware of any unauthorized access or activity on your account, we recommend that you change your password immediately and contact us by emailing help@myfana.com.

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Service

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The App, accessed through https://fanaverse.app, allows you to acquire Fana Impact Points (IP). You can purchase these IP using various traditional digital payment methods, including credit/debit cards, Apple Pay, Google Pay, or PayPal. Additionally, Fana IP can be credited to your Fana Impact Wallet through purchases you make with e-commerce merchants that partner with Fana. You can then use these IP to vote on allocations to charity Recipients listed within the Fana App. The listing of Recipients on the App is entirely at Fana’s discretion, and Fana is not responsible for the activities of any Recipient. All IP purchased, received, or loaded into your account is considered a final, non-refundable transaction. Fana does not have the obligation to refund any IP transaction that occurs within the Impact Wallet. However, Fana may, at its sole and absolute discretion, choose to refund IP purchased by Users in very specific instances, determined at its sole and absolute discretion. In these instances, Fana can only debit the amount that Fana received (less transaction fees) back to the originating payment account through Stripe. Fana cannot be instructed to debit funds back to any other account.

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Allocation of IP

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You can use the Fana Impact Points (IP) you have acquired to vote on allocations for various Recipients listed on the App. Fana has the final discretion on the actual amount allocated to each Recipient. Once you have used your IP to vote, the allocation is considered final. Fana is not obligated to adhere to the outcomes of these votes and may allocate funds at its discretion.

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Use of IP

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Fana will convert allocated IP to British Pounds (GBP) for transfer to Recipients. The typical conversion rate is 1 IP to £1.00, subject to deduction of Fana transaction fees and any other fees or expenses incurred by Fana in processing these payments. This conversion rate and associated fees are subject to change at Fana's discretion. Typically, Fana will convert and transfer funds to Recipients either annually or earlier if the total accumulated IP for a Recipient exceeds £1,000.  The conversion and transfer schedule are subject to change at Fana’s discretion.  We do not represent or warrant that the IP allocated by you will be used for any specific or particular purpose. We shall not be responsible for any dissatisfaction, misuse, or non-use of your IP allocation by the Recipient. Recipients reserve the right to use funds received from Fana for any purpose or appeal in accordance with their internal rules and practices. Fana is not responsible, nor can we ensure, that IP allocations are restricted or earmarked for specific appeals.

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Unauthorized Allocation of IP

Any allocation of IP that is deemed unauthorized, such as allocations made without your consent or through fraudulent activities, will be subject to review. If you become aware of any fraudulent use of your account, or if it is lost or stolen, you must notify your account provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal, you should contact the provider of that payment method for assistance. We are unable to verify or carry out any due diligence regarding the authenticity of the Recipients. However, if we are able to recover any monies from the Recipients as a result of fraudulent activity, such monies shall be converted back to IP and returned to your Fana Impact Wallet.

We Are Not Responsible for Delays Outside of Our Control

If our supply of the service is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. Fana will not issue compensation for delay. 

Fees

For information about our fees, please see the Fana - Fees document.

You Do Not Have a Legal Right to Change Your Mind

Upon purchasing Fana IP, you hereby authorize us to credit your account immediately and as such, you will no longer have a legal right to change your mind in relation to said purchase. Fana IP may only be used for the purposes of allocation to Recipients within the App. If you do not select any Recipients to receive your allocation, Fana may make a selection for you. Once you use Fana Impact Points (IP) to vote on allocations, the vote is considered final and non-refundable, and you authorize us to action the allocation immediately, and as such, you will no longer have a legal right to change your mind.

We Can Suspend / Withdraw the Service

We may modify, suspend, or discontinue part of or all of the App and/or associated service at any time with or without notice. Any new features, services, or software shall be subject to these Terms and Conditions.

Your Termination Rights

You may discontinue use of the App and the associated service at any time; however, these Terms and Conditions will continue to apply to your past use of the App. Any unused IP in your Fana account, at the date which you discontinue use of the App, will not be refundable.

We Don't Compensate You for All Losses Caused by Us or Our Services

We're responsible for losses you suffer caused by Fana breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section.
• Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
• A business loss. It relates to your use of a product for the purposes of your trade, business, craft, or profession.

Nothing in these Terms and Conditions excludes any statutory rights that may apply to your use of the App and associated service, which cannot be excluded, restricted, or modified by contract.

We Use Your Personal Data as Set Out in Our Privacy Notice

How we use any personal data you give us is set out in our Privacy Policy outlined in our Website and / or App.

Copyright

All content on the Website and the App is owned by Fana and its licensors. Please note that all content is protected by intellectual property and copyright laws. You may access the content so long as you do not modify, alter, or remove any copyright, trademark, or other proprietary notice and that your access complies at all times with these Terms and Conditions.

If You Fail to Comply with These Terms and Conditions

If you fail to comply with these Terms and Conditions, we reserve the right to suspend and/or permanently deny your account access to the App, at our sole discretion and without notice.

You Have Several Options for Resolving Disputes with Us

• Our Customer Service Team: help@myfana.com will do their best to resolve any problems you have with us or our services. 
• You can go to court. If you live in England, Wales, Scotland, or Northern Ireland, you can bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other Important Terms Apply to Our Contract

We can transfer our contract with you, so that a different organization is responsible for supplying your service. We'll contact you to let you know if we plan to do this. You can only transfer your contract with us to someone else if we agree to this. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it, and neither of us will need to ask anybody else to sign-off on ending or changing it. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Governing Law

These Terms and Conditions shall be governed by the laws of England and Wales.

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Fana - Fees Document v 1.1

This document outlines the fees associated with the use of Fana's services, including both the Fana Card and the Fana Impact Wallet. Please review these fees carefully, as they are a crucial part of our Terms and Conditions.

1. Subscription Fees

• Monthly Subscription Fee for Card Product: A monthly subscription fee of GBP 5 is charged for the use of our Fana Card product. This fee applies regardless of the number of transactions or the amount spent using the card.
• Physical Card Delivery Fees: If you have ordered a physical Fana Card, additional delivery fees will apply. The cost varies based on your location and chosen shipping method, and details will be provided at the time of order.

2. Transaction Fees

• Fana Impact Wallet Processing Fee: For each transaction processed through the Fana Impact Wallet, a processing fee of 10% is charged. This includes all payments and transfers made within the wallet and covers payment processor and third-party fees.
• Conversion Fee for IP to GBP: When converting Fana Impact Points (IP) to British Pounds (GBP) for transfer to Recipients, a conversion fee may apply. This fee is deducted from the converted amount and is subject to change based on market conditions.

3. Other Potential Fees

• Refund Processing Fee: In select cases where refunds are processed, a refund processing fee may be charged to cover administrative costs. Refunds due to failed KYC (Know Your Customer) processes, such as the user not having a passport, not having UK proof of address, or not passing compliance and AML (Anti-Money Laundering) checks, will be at the sole discretion of Fana.
• Inactivity Fee: Accounts inactive for a specified period may incur an inactivity fee, covering the costs of maintaining these accounts. The duration of inactivity and fee amount will be communicated in advance.

4. Fee Changes

Fana reserves the right to modify, increase, or introduce new fees for both the Fana Card and the Fana Impact Wallet at any time. Changes to our fee structure will be communicated to users in accordance with our Terms and Conditions.

5. Fee Waivers and Discounts

Periodically, Fana may offer fee waivers or discounts for both the Fana Card and the Fana Impact Wallet as part of promotional activities or loyalty programs, subject to specific terms and conditions.

Fana Card User Rewards

1. Rewards Overview:

Beginning 1 May 2024, Fana Card holders are eligible to earn a 1% cash back on qualifying purchases made with their Fana Card. These rewards are intended to be used exclusively for donations to charitable causes available on the Fana platform.

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2. Eligible Purchases:

• Cash back rewards are earned on purchases made at eligible merchants as defined by Fana. These include everyday purchases across a wide range of categories such as groceries, dining, and retail.
• Exclusions include, but are not limited to:some text
  •   Cash advances, including withdrawals from ATMs.
  •   Balance transfers.
  •   Purchases of travelers checks, foreign currency, or money orders.
  •   Wire transfers and similar transactions.
  •   Lottery tickets, casino gaming chips, race track wagers or similar betting transactions.
  •   Any checks that access your Fana Card account.
  •   Interest, unauthorized or fraudulent charges.
  •   Fees of any kind, including an annual fee, if applicable.
  •   Non-GBP transactions, or purchases made for business, commercial, or agricultural purposes.
  •   Payments made for pre-paid and re-loadable cards such as gift cards.
  •   Payments made for payment instruments that can readily be converted to cash (e.g., travelers checks, money orders, wire transfers, and similar products or services).
• Merchants are given a specific code based on the type of things they sell. This is called a Merchant Category Code (MCC). We use the MCC to work out whether you can earn cashback on a transaction.  We don’t control what type of code a merchant is given. So, in some cases, a merchant might sell something that seems eligible for cashback. But because of the merchant’s category code, the transaction isn’t eligible.
• Note: Rewards are calculated on the net purchase amount (i.e., purchases minus returns and adjustments).

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3. Earning Rewards:

• For every qualifying purchase, 1% of the transaction amount will be credited to your Fana Rewards balance.
• Rewards are tracked and maintained within the Fana app.

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4. Redeeming Rewards:

• Initially, accumulated cash back rewards will be automatically swept into the monthly Fana community pool, as detailed on the Impact page within the Fana app.
• In the future, cash back rewards may be deposited into users’ Fana Impact Wallet, and Fana may allow users to direct their cash back rewards to any charity listed within the Fana platform.
• Note: Rewards are automatically allocated based on the preferences set within your user profile and the settings of the Fana app at the time of each transaction.

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5. Rewards Expiry:

Cash back rewards do not expire as long as the Fana Card account remains active. If the account is closed, any unredeemed rewards will be forfeited.

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6. Modification and Termination:

• Fana reserves the right to change the terms of the Rewards Program or terminate the Rewards Program at any time without notice.
• Changes may include, but are not limited to, instituting caps on the amount of rewards that can be earned, modifying the rate at which rewards are earned, or terminating the rewards program altogether.
• Any changes will be communicated to users through the Fana User Terms and Conditions.

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7. Disputes:

• Any disputes related to the Rewards Program should be directed to Fana’s customer service (help@myfana.com) for resolution.
• Decisions made by Fana regarding disputes and rewards eligibility are final.

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By participating in the Fana Card User Rewards Program, you agree to these terms and conditions. This rewards program is designed to enhance your ability to support charitable causes through your everyday purchases, aligning your spending with your values.

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Consumer Account and Card terms

1.   ConsumerAccount and Card terms

1.       WHOWE ARE

Weare Paynetics UK Limited. Where these terms refer to “Paynetics”, “we”, “us” or “our”, this means Paynetics UK Limited, a limited company in Englandand Wales (company number: 12481335) with its head office and registeredaddress at 1^st Floor, 18 Devonshire Row, London, England, EC2M 4RH.We operate the website at https://www.paynetics.digital/. We are authorised by theFinancial Conduct Authority under the Electronic Money Regulations 2011(register reference 942777) for the issuing of electronic money.

2.      SUMMARY OF OUR SERVICES

2.1.   If you sign up to use our services and weonboard you as a client, we will provide you with:

(a)          anelectronic money account in GBP (the “GBPAccount”) with a debit card linked to it (the “GBP Card”); and /or

(b)          anelectronic money account in Euro (the “EuroAccount”) with a debit card linked to it (the “Euro Card”).

2.2.   Where these terms refer to:

(a)          “Account”,this means the GBP Account and/or the Euro Account;

(b)          “Cards”, this means the Euro Card and/orthe GBP Card. A Card is a type of a payment instrument which allows you toaccess an Account`s separate balance dedicated to the Card to make debit cardpayments. The Card may be physical or virtual.

2.3.   Our services allow you to:

(a)          sendmoney in your Account to third parties (which we refer to in these terms asbeneficiaries), such as friends, family or persons you owe money to (this typeof payment is referred to in these terms as a “Push Payment”);

(b)          to spendmoney in your Account at a merchant using your Cards (this type of payment isreferred to in these terms as a "CardPayment");

(c)           withdrawcash from your Account using your Cards at an ATM (referred to in these termsas "Cash Withdrawal");

(d)          exchangemoney in GBP for money in EUR by transferring money from your GBP Account toyour Euro Account; and

(e)          exchangemoney in EUR for money in GBP by transferring money from your Euro Account toyour GBP Account.

2.4.   An APP Scam is where a person uses a fraudulentor dishonest act or course of conduct to manipulate, deceive or persuadeanother person to transfer money from the payer’s account to another accountnot controlled by the payer, where:

(a)                the beneficiary is not who the payer intended topay; or

(b)                the payment is not for the purpose intended.

2.5.   We only reimburse victims of APP Scams incertain limited circumstances, including where money is sent from your GBPAccount via faster payments. This does not include overseas payments or anypayment method other than faster payments (please see clause 11for moredetail). It is therefore extremely important that you are vigilant when makingrequests to execute Push Payments. If you have any concerns at all about anyPush Payments you are going to ask us to execute on your behalf, please get intouch with us before instructing the Push Payment.

3.      THESE TERMS

3.1.    Thisdocument sets out the terms and conditions of our services. It also sets outother important things that you need to know. These terms and conditions, alongwith the fees page (which you can access by clicking on the following link https://resources.weavr.io/fana_consumer-programme-terms)(the "Fees Page") apply to our services and form a legalagreement (the “Agreement”) between you (being the holder of the Accountand the Cards) and us.

3.2.    Youcan terminate these terms at any time by emailing or contacting our customerservices team using the details set out in clause 29.1 (the “CustomerRelations Centre”). We can terminate these terms at any time by providingyou with 2 months’ notice via e-mail.

3.3.   You should be aware of the following whenreading these terms:

a.      the web or mobile application which enables you to accessyour Account is developed, provided and maintained by a third party – “Technical Provider”,

b.       technical provider means theoperator that performs certain technical and operational functions in relationto our services, including the operation of web or mobile application whichconnects the customers with Paynetics. For the sake of brevity, the web ormobile application through which you can access our services are collectivelyherein after referred to as “Platform”or Online Platform”;

 
3. the Online      Platform further described in clause 8 (the “Platform”) will have the      Technical Provider`s branding on it. However, it is important for you to      know that the Technical Provider does not provide you with any payment      services. In other words, we and not the Technical Provider, issue you      with electronic money and your Accounts. We also execute all Push      Payments through your Accounts. If you have any queries in this regard,      please contact our Customer Relations Centre.
 
4. the Website means the following website: https://resources.weavr.io/fana_consumer-programme-terms
 
5. these terms      are concluded in English - if you are reading a non- English version,      please note that this is provided for reference only and the English      version is the version which applies;
 
6. when we refer      to a business day, we mean a day other than a Saturday or Sunday or bank      holiday in England.

4.       INFORMATIONON YOUR ACCOUNT

4.1.    YourAccount are electronic money accounts within which you can hold electronicmoney. Your GBP Account can hold electronic money in GBP and your Euro Accountcan hold electronic money in Euro.

4.2.    Electronicmoney is an electronic alternative to money. When you send money to yourAccount, we will credit the relevant Account with a corresponding amount ofelectronic money. In these terms, when we refer to ‘money’ in your Account,what we mean is electronic money.

4.3.    Onceyou have money in your Account, you will be able to use our services.

4.4.    YourAccount differ from bank accounts in that money in your Account:

(a)          will not be invested or lent to third parties;

(b)          will not accrue interest; and

(c)           willnot be covered by the Financial Services Compensation Scheme.

Money in your Account will besafeguarded, as explained in Clause 6.

4.5.    Youcan credit your GBP Account:

(а)          bymaking a payment via bank transfer using the details of the IBAN or accountnumber and sort code linked to your GBP Account as the beneficiary accountdetails; and

4.6.    Youcan credit your Euro Account by making a payment via bank transfer using thedetails of the IBAN linked to your Euro Account as the beneficiary accountdetails.

4.7.    Ifyou send money to the wrong account by mistake when trying to credit one ofyour Account, you should contact the financial institution from which you sentmoney to us. We cannot accept responsibility for sending money by mistake usingthe services of other financial institutions.

4.8.   Please note that someone other than you cancredit your Account by making a payment via bank transfer using the details of:

(a)          the IBANor account number and sort code linked to your GBP Account as the beneficiaryaccount details (for top ups of your GBP Account);

(b)          the IBANlinked to your Euro Account as the beneficiary account details (for top ups ofyour Euro Account); or

(c)           by sending money to one of yourAccount from their own account with us.

4.9.    Youmay be charged a fee every time your Account is topped up. Please see the FeesPage for more information.

4.10. We willdeduct money from your relevant Account when you execute a Card Payment, a CashWithdrawal, a Push Payment or exchange money from GBP to EUR or vice versa. Wewill also deduct money from your Account when you owe us fees.

4.11. You canfind out when money has been added to and taken from your Account by checkingthe Platform.

4.12. You cansend money from your Account to an account you hold with another financialinstitution by executing a Push Payment and providing your (non-Paynetics)account details as the beneficiary account details.

4.13. We canhold money in your Account indefinitely. However, if you have not used themoney in your Account for more than two years, we shall try and contact you toestablish whether you still want to have an Account with us. If we are unableto get in touch with you, we reserve the right to send the money in yourAccount, less our costs, to the last known (non-Paynetics) account we have onfile for you. Any money will be converted to the currency this (non-Paynetics)account is denominated in, using our standard exchange rate.

4.14. We may refuse to top-up your Account if:

(a)    it would breach a restriction on your Account(please see clause 13 and the Fees Page);

(b)    your Account is inactive, blocked or terminated;

(c)    the sender has provided incorrect/invalidAccount details for payment;

(d)    Paynetics reasonably believes the payment isfraudulent, illegal or unauthorised or related to a prohibited transaction(please see clause 13.2).

5.      ACCESS TO YOUR ACCOUNT BY THIRD PARTY PROVIDERS

5.1.   You may choose to allow (and provided you havegiven them your explicit consent):

(a)               Providers of account information service (i.e. an onlineservice which accesses one or more payment accounts to provide a consolidatedview of such accounts) to access information on your Account; and/or

(b)               Providers of payment initiation service (i.e. an onlineservice which allows a third party to initiate payments on behalf of theaccount holder from their account and at their request) to initiate payments(other than Card payments) from your Account.

5.2.             Only those providers of account information orpayment initiation services that are authorised with the Financial ConductAuthority to provide the relevant service in the UK, can be given access toyour Account. The Financial Conduct Authority’s register (available at https://register.fca.org.uk/‎)will tell you whether a provider is authorised in the UK, and we recommend youcheck it before using their services.

5.3.             We will treat any instruction from suchproviders of account information or payment initiation services as if it wasfrom you.  Some providers may use yourAccount security details to provide their service. You should always considerthe implications of sharing your security information.

5.4.             We can deny providers of account information orpayment initiation services access to your Account if we are concerned aboutunauthorised or ‎fraudulent access. We will notify you of the denial of accessand the reasons ‎for it beforehand if possible or otherwise immediatelyafterwards (unless doing so would ‎compromise our security measures or would beunlawful). The access to your Account may be restored once the reasons ‎fordenying the access no longer justify such ‎denial.‎

6.       HOWWE PROTECT MONEY IN YOUR ACCOUNT

(a)                When we receive money for your Account, wecredit the relevant Account with electronic money and we place the equivalentamount of money in segregated bank accounts with mainstream banks.

This is commonly known as safeguarding.

6.1.    Safeguardingmeans that in the unlikely event that we get into financial difficulties, themoney which we safeguard will be protected from the claims of our creditors andit should be returned to you in full, less the costs incurred by insolvencypractitioners in distributing the safeguarded funds.

6.2.    Segregatedbank accounts are bank accounts which we hold with mainstream banks, and whichonly hold client money and not our own money.

6.3.    Moneywill not be safeguarded by us on your behalf, when it is deducted from yourAccount.

7.       PUSHPAYMENTS

7.1.    APush Payment is us sending money from one of your Account to:

(a)               another one of your Account or one of yournon-Paynetics accounts;

(b)               to an account belonging to someone other thanyou which can be a Paynetics account or a non-Paynetics account.

7.2.   We use, and make available to you, variousmethods to execute Push Payments, including SEPA, Faster Payments. We do notguarantee that any particular payment method will be made available to you.

7.3.    Whenwe refer to a “beneficiary” in these terms, we mean a person who willreceive the money subject to the Push Payment. The beneficiary account is theaccount, held by the beneficiary, that you want the money to be sent to.

7.4.    Youcan make a request for a Push Payment to be executed via the Platform orthrough a payment initiation service provider. You will need to let us know:

(a)          theamount and currency of the Push Payment you wish to make;

(b)          the name of the beneficiary;

(c)           the reason for the payment; and

(d)          if thePush Payment is to a non-Paynetics account, the account’s sort code and accountnumber or for international Push Payments the account’s BIC and IBAN or accountnumber and any other information we request from you.

7.5.    Thetime of receipt of your request for a Push Payment is when we receive it, whichwill typically be on the same day you make the request. If you future date aPush Payment, then we will be deemed to have received your request to executethe Push Payment on the date you want your Push Payment to be executed.

7.6.    Wehave implemented confirmation of payee for Push Payments from your GBP Accountwhere the beneficiary account is located in the UK.  This means that when you provide us with newbeneficiary account details, we will check through the confirmation of payeesystem that the name of the beneficiary you have provided us with matches thename on the account with the sort code and account number you have provided uswith.  You will be provided with fourpossible outcomes from the confirmation of payee system:

(a)                Yes, the name and account type you suppliedmatches the details on the account;

(b)                No, the name is a close match;

(c)                No, the name doesn’t match the name held on theaccount;

(d)                Unavailable, it has not been possible to checkthe name because: timeout, account doesn’t exist etc.

(c)         You should take extreme caution when placing arequest to execute a Push Payment, where the name you have provided us withdoes not match, exactly or at all, the name on the account with the sort codeand account number you have provided us with.

(d)         You should not take the fact that the name youhave provided us with matches the name on the account, with the sort code andaccount number you have provided us with, as an assurance that you are not thesubject of an APP Scam. If you have any concerns that you might be the victimof an APP Scam, you must contact us prior to executing the Push Payment.

7.7.    Weconfirm the details of each Push Payment order placed. After a Push Paymentorder is processed, you will be able to see the confirmation of the PushPayment on the Platform.

7.8.    Ifyou see confirmation of a Push Payment you did not place with us, you mustcontact us as soon as possible via the Customer Relations Centre.

7.9.    Wecan refuse requests from you to execute Push Payment. If we do so, we shall,unless it would be unlawful for us to do so, notify you of the refusal and thereasons for that refusal. We will also let you know the procedure forrectifying any factual errors that led to that refusal.

7.10. If youthink that you have provided us with incorrect details, you must contact us viathe Customer Relations Centre as soon as possible.

7.11. You canonly execute a Push Payment if you have enough money in the relevant Account.Your request to execute a Push Payment will be rejected if you try to execute aPush Payment but there is not enough money in the relevant Account to cover theamount of the payment and any applicable fees.

7.12. You maycancel a request to execute a Push Payment, at any time before the end of thebusiness day before the Push Payment is due to be executed, via the CustomerRelations Centre.

7.13. Howlong will it take for money sent via a Push Payment to reach the beneficiaryaccount? We are obliged by the Payment Services Regulations 2017 to tellyou the maximum amount of time it is allowed to take, for money in your Accountto arrive with the beneficiary’s bank. In most cases, it will take less timethan this. If you want details of the amount of time it is likely to take,please call us.

How long will it take for the money to reach the beneficiary  account?

Type of Push Payment

If you provide your payment  order at this time…..

The maximum amount of time  permitted for money to arrive in the beneficiary account is….

From your Account to another Account

Any  time

There  is no time limit. Money will be credited to the beneficiary’s Account  immediately.

Push Payment in euro or  sterling to a beneficiary account in the EEA which is not a Paynetics Account

Before 4pm on a business day

By the end of the business day after we receive your payment  order

Push  Payment in euro or sterling to a beneficiary account in the EEA which is not  a Paynetics Account

After  4pm on a business day or not on a business day

By  the end of the second business day after we receive your payment order

Push Payment not in euro or sterling to a beneficiary account in  the EEA which is not a Paynetics Account

Before 4pm on a business day

By the end of the fourth business day after we receive your  payment order

Push Payment not euro or sterling to a beneficiary account in  the EEA which is not a Paynetics Account

After 4pm on a business day or not on a business day

By the end of the fifth business day after we receive your  payment order

7.14. Whenmight we delay or not execute a Push Payment, when you have sent us a requestto execute a Push Payment? We might do this when we have established thatthere are reasonable grounds to suspect that your request to execute a PushPayment has been placed, subsequent to fraud or dishonesty perpetrated by aperson other than you.

8.       THEPLATFORM

8.1.    ThePlatform allows you to (among other things):

(a)          view the balance of money in your Account;

(b)          makerequests for us to execute Push Payments on your behalf;

(c)           view the details of the transactions on each of yourAccount, including:

(ii)     CardPayments;

(iii)   CashWithdrawals;

(iv)   PushPayments; and

(v)    foreign exchange transactions.

(d)          find out our foreign exchange rates for if you wanted toexchange money from EUR to GBP or GBP to EUR.

8.2.    You can gain access to the Platform via the internet or via mobile application which you can download on the App Store https://apps.apple.com/gb/app/fana/id1645259354 or https://play.google.com/store/apps/details?id=com.charitable.fana&gl=UK. You require the following operating systems iOS or Android to download our App.

9.       CARDS

9.1.    Cardsare issued under the Mastercard brand pursuant to license granted by MastercardInternational or under the Visa brand pursuant to license granted by VisaEurope Limited. The Card allows you to make Card Payments with merchants whichaccept Mastercard© or Visa© and enter into Cash Withdrawals at ATMs whichaccept Mastercard© or Visa©.

9.2.    Weissue both physical Cards and ‘virtual’ Cards. A ‘virtual’ Card is not aphysical card, rather you will be provided with the card number, expiry dateand security code via the Platform. You can then use these details to make CardPayments with merchants.

9.3.    Thevalue of Card Payments and Cash Withdrawals and all applicable fees will bededucted from the balance of money in the Account linked to the Card you used.

9.4.    Youwill be responsible for all goods or services purchased with the Card. Anydispute with a merchant about a product or service purchased with the Card willbe considered a dispute between you and the merchant, and should be addresseddirectly to that merchant. We do not accept any responsibility or liability forthe quality, safety, legality or any other aspect relating to goods or servicespurchased with the Card and do not provide any warranties regarding such goodsor services.

9.5.    Wewill not be liable if a merchant refuses to accept your Card or if we haverefused to execute a Card Payment or Cash Withdrawal whilst acting inaccordance with this Agreement.

9.6.    YourCards cannot be transferred and/or made available to use by anyone but you.

9.7.    EachCard has a validity period within which you may use the Card. If your Card isphysical, it will expire on the last day of the month/year indicated on itsfront. If your Card is virtual, it will expire on the last day of themonth/year indicated on the Platform or on the expiry date sent to you bye-mail‎. All Card Payments and Cash Withdrawals initiated after the expirationor cancellation of the Card will not be authorised or executed.

9.8.    Yourphysical Cards will be sent to you via post within 10 business days of the dateyour application is accepted. You may have to produce identification to receiveyour physical Cards. You must sign on the signature strip on the reverse sideof your physical Cards immediately after receiving it. Your virtual Cards willbe issued via the Platform immediately after your application is approved byus.

9.9.    Whenyou receive the physical Card, it will be inactive. You have to activate thephysical Card before using it. The physical Card can be activated online byfollowing the instructions for activation provided to you.

9.10. ‎You willbe provided with a PIN to use with your physical Cards. You can change your PINat an ATM. You should memorise your PIN and then ensure that any media on whichit is recorded is destroyed or at the very least not kept with your physicalCard. You have important obligations to keep your security details, such asyour PIN, safe.

9.11. You mayrequest a new physical Card if your existing Card is lost, stolen or destroyed.You will be charged a fee for replacing the physical Card (please see our FeesPage).

9.12. You cangive us an instruction and consent to a Card Payment and a Cash Withdrawalbeing executed, using your Card, by any one of the following methods:

(a)          in caseof Cash Withdrawal from an ATM, by entering a PIN;

(b)          in caseof Card Payments in-store, by entering a PIN and/or signature on the receipt orby tapping/waving the physical Card (or a device where it is held) over a cardreader for contactless payments;

(c)           in caseof Card Payments online or over the phone, by providing your Card details andany  other security information orcredentials, when requested.

9.13. Yourconsent for a Card Payment may cover a single payment or a series of recurringpayments on the Card (such as where you give your Card details to a merchant tobe used for Card Payments in the future) for a set or variable amount. Pleasebe careful when providing your consent.

9.14. If thereis insufficient money in your GBP Account or your Euro Account to complete aCard Payment or Cash Withdrawal, including all applicable fees, funds will beautomatically transferred from your Account in the other currency to yourrelevant currency Account at then prevailing currency conversion rates. Ifthere is insufficient balance in both your Euro Account and your GBP Account tocomplete a Card Payment or a Cash Withdrawal, including all applicable fees,the relevant transaction will be refused. See clause 19 for more detail on theapplicable currency conversion rates and fees.

9.15. Merchantsin certain business sectors (e.g., car rental companies, hotels and otherservice providers) estimate the amount of the final Card Payment to them andrequire us to “pre-authorise” or withhold the estimated amount in the Accountyour Card is linked to. Sometimes, that withheld amount may exceed the finalamount spent. In such cases, the initially withheld funds will not be availableto you for up to 15 days until the final Card Payment request is received by usor released by the merchant. We may release such amounts only with themerchant’s consent.

10.   YOUROBLIGATIONS TO KEEP THE PLATFORM AND YOUR CARDS SAFE

10.1. You musttake all reasonable steps to keep your Card, the Platform and your passwordused to gain access to the Platform (the “Password”), safe. Thisincludes you:

(a)                not telling anyone your Password or PIN orotherwise being careless with the secrecy of your Password and PIN;

(b)    notifying us, via the Customer Relations Centre,without undue delay:

(i)            uponthe loss or theft of your Card;

(ii)           uponyou suspecting that someone other than you knows your Password or PIN;

(ii)           uponyou suspecting that someone other than you is able to gain access to thePlatform;

(c)    changing your Password and/or your PIN as soonas reasonably possible if you suspect that someone, other than you, knows yourPassword and/or your PIN;

(d)    ensuring that your Password is not stored by thebrowser or cached or otherwise recorded by the computer or other device used togain access to the Platform;

(e)    maintaining the security of your computersystems, including having an anti-virus software, on the computer or otherdevice you use to gain access to the Platform;

(f)      ensuringthat the e-mail account(s), phone number, mobile phone number, computer andother network used to communicate with us are secure and only accessed by you;and

(g)    taking all reasonable measures to keep your Cardsafe;

(h)    not writing down your Password or PIN unless itis done in a way to make it difficult for anyone else to recognise them;

(i)      not recording your PIN on your Card or keepingyour PIN together with the Card;

(j)      not allowing anyone else to use in any mannerwhatsoever your Card, your PIN, the Platform or your Password;

(k)    keeping your Cards and any personal devices(mobile phones, computers, tablets) that can be used to execute Card Paymentssecure and not letting anyone else use them to execute Card Payments or CashWithdrawals;

(l)      not choose a Password or PIN that would be easyfor someone to guess such as letters or digits that:

(i)            are easily associated with you, for example yourtelephone number or date of birth;

(ii)           arepart of the data imprinted on the Card;

(iii)          consist of the same digits (1111) or the sequence ofrunning digits (1234); or

(iv)         areidentical to previously selected PINs/passwords.

(m)  use up-to-date virus, malware, and spywaresoftware and a firewall on any devices used to access your Cards or thePlatform to reduce the risk of security breaches.

10.2. You haveto notify us via the Customer Relations Centre if:

(a)          yourCard has been withheld by an ATM;

(b)          yourCard is lost, stolen or misappropriated; and/or

(c)           youbelieve there has been unauthorised use of your Card or Account or anyone elsemay be able to use or access the Platform, your Account, Card or securitydetails.

10.3. We willmake all reasonable efforts to stop the use of your Cards after receiving anotification from you.

10.4. We mayrestrict, block or deactivate the Platform and/or one or more of your Cards if:

(a)          we areconcerned about the security of your Cards;

(b)          webecome aware or suspect that the Platform and/or your Cards or security detailsrelating to them might be used in an unauthorised, unlawful or fraudulentmanner;

(c)           webelieve we need to do so to comply with the law or a court order in anyapplicable jurisdiction;

(d)          wereceive an instruction to do so by a card organisation (such as VISA orMastercard) or regulatory authority or government agency;

(e)          thisAgreement is terminated for any reason;

(f)           you ask us to do so;

(g)          you havebreached any term of this Agreement in a material way.

10.5. We will,if possible, notify you before restricting, blocking or deactivating the yourCards and the reasons for it. If we are unable to notify you beforehand, wewill notify you immediately afterwards. We will not notify you if doing sowould compromise our security measures or would be unlawful.

10.6. The Cardswill be unblocked or re-activated (or replaced) as soon as possible after thereasons for blocking cease to exist.

11.  AUTHORISED PUSH PAYMENT SCAMS

11.1. Unlessstated in clause 11.2 that we will not reimburse you, we will reimburse you theamount of money that you have lost, as a result of an APP Scam, up to themaximum level of reimbursement for APP Scams set by the Payment SystemsRegulator (which you can view on its website www.psr.org.uk), less an excess of £100, whereall of the following apply:

(a)     you have been the victim of an APP Scam;

(b)     themoney which was the subject of the APP Scam was sent via a Push Payment fromyour GBP Account with us:

(i)     to a payment account which is denominated in GBPand located in the UK and not controlled by you; and

(ii)    via the faster payments scheme.

(a)                We will not deduct an excess from the amount wereimburse you, if you were a Vulnerable Customer at the time the relevant PushPayment was executed and the vulnerability affected your ability to protectyourself from the APP Scam. A Vulnerable Customer is someone who, due to theirpersonal circumstances, is especially susceptible to harm - particularly whenwe have not acted with appropriate levels of care

11.2. We willnot reimburse you under clause 11.1, if one of the following circumstancesapplies:

(a)     wedetermine that you:

(i)     are a party to the fraud;

(ii)    are claiming fraudulently or dishonestly;

(iii)  are claiming for an amount which is the subjectof a civil dispute or other civil legal action or which was paid for anunlawful purpose;

(b)     anyof the circumstances described in clause 11.1. para (b), letter (i) or letter(ii), is not fulfilled;

(e)     

(c)     youreported the Push Payment as being as a result of an APP Scam more than 13months after the Push Payment was executed;

(d)     thePush Payment was executed prior to 7 October 2024;

(e)     wherewe can demonstrate that you have, as a result of gross negligence, not compliedwith one or more of the requirements set out in the Consumer Standard ofCaution and this had a material impact on your ability to protect yourself fromthe scam, unless you were a Vulnerable Customer at the time the payment wasexecuted and this had a material impact on your ability to protect yourselffrom the scam;

(f)      onother grounds explicitly provided for in the applicable APP Scam rules of theregulatory authorities in the UK, such as Pay.UK, Payment Systems Regulator,FCA, as amended and supplemented from time to time.

11.3. TheConsumer Standard of Caution requires you to:

(a)     haveregard to any intervention made by us (including through the confirmation ofpayee system) and/or any competent national authority (such as the Police orthe National Crime Agency);

(b)     uponlearning or suspecting that you were the victim of an APP Scam, report itpromptly to us;

(c)     respondto any reasonable and proportionate requests for information made by us;

(d)     (uponour request) report the scam to the police or consent to us reporting the scamto the police on your behalf.

11.4. Itwill be more likely that we can demonstrate that you have been grosslynegligent in complying with the Consumer Standard of Caution if:

(a)     youproceed with a Push Payment, despite having been told that the name of thebeneficiary you have provided us with does not match the name on the accountthat you have provided us with the sort code and account number of;

(b)     yourely upon a confirmation that the name of the beneficiary you have provided uswith matches the name on the account you have provided us with the sort codeand account number of as proof that you are not the victim of an APP Scam.

11.5. Ifyou are entitled to a refund from us, as a result of you being the victim of anAPP Scam, we will reimburse you within five business days of you telling usabout the APP Scam unless we “stop the clock”. If we avail ourselves of the“stop-the clock” opportunity and ask you to provide us with additionalinformation and/or documents to be able to assess your APP Scam claim, youshould cooperate in good faith with us and provide us with all informationand/or documents reasonably requested within your possession or knowledge. Weare entitled to “stop-the clock” to gather further information to assess yourclaim for reimbursement. If we “stop the clock”, we must in any event decidewhether your claim is to reimbursed or not within 35 business days of you tellingus about the reimbursement scam.

11.6. Ifyou think that you are entitled to reimbursement under this clause 11, pleaseget in touch with us via the Customer Relations Centre as soon as possible.

12.   LIABILITYFOR UNAUTHORISED AND INCORRECTLY EXECUTED PUSH PAYMENTS AND CARD PAYMENTS

12.1. If:

(a)          moneysent by us via a Push Payment has been sent to the wrong account; or

(b)          moneysent by us via a Push Payment and/or a Card Payment has been sent without yourauthorisation or a cash Withdrawal has been made without your authorisation,

then you must contact us via the Customer Relations Centreas soon as possible, and in any event within 13 months of the date of therelevant transaction.

12.2. Youare entitled to a refund where:

(a)                money sent via a Push Payment has been sent tothe wrong account; or

(b)    money sent via a Push Payment and/or a CardPayment has been sent without your authorisation; or

(c)     moneyhas been withdrawn from your Account without your authorisation,

andyou have notified us within 13 months of the relevant transaction having beenexecuted.

12.3. Youwill be liable for up to £35 of losses arising from:

(a)                someone other than you being able to access thePlatform and execute an unauthorised Push Payment; and

(b)                someone other than you using your Card toexecute a Card Payment or a Cash Withdrawal,

(b)                unless one of the below circumstances applies inwhich case we are fully liable:

(a)          you couldn’t have known that your Cardwas at risk of being misused prior to it being misused;

(b)          the PushPayment or Card Payment or Cash Withdrawal (as appropriate) happened becausesomeone we are responsible for made a mistake;

(c)           thePush Payment was made after you told us that someone knew your Password orcould gain access to the Platform and if we had acted on this information, thiswould have prevented your loss;

(d)          the CardPayment or Cash Withdrawal was made after you told us that you had lost yourCard or that someone else had access to it and if we had acted on thisinformation, this would have prevented your loss;

(e)          wedidn’t give you a way to tell us about someone other than you being able toaccess the Platform or your Card being out of your control and if we had ofdone, this would have prevented the loss;

(f)           the law required us to make youfollow certain security procedures when you instructed us to make the PushPayment via the Platform and we didn’t do this.

12.4. Youare not entitled to any refund:

(a)          whereyou have acted fraudulently or have intentionally or carelessly failed to keepyour Card, your PIN, the Platform or your Password safe (including inaccordance with clause 10) unless you told us about this before the PushPayment or the Card Payment or Cash Withdrawal was made. For example, wewouldn’t make a refund if you gave someone your Password or your Card and theymade a Push Payment or a Card Payment or a Cash Withdrawal without you knowingabout it;

(b)          if wecan prove to you that the beneficiary’s bank received the amount of the PushPayment on time - in this case you or the beneficiary may be able to recoverany losses from the beneficiary’s bank.

12.5. Ifyou are entitled to a refund, we will refund you by the end of the business dayfollowing the day we become aware, unless we suspect fraud and notify theappropriate authorities. If we subsequently reasonably believe that you werenot entitled to the refund, we will have the right to deduct the amount of therefund from any funds on Account you hold with us and reserve the right torecover the value of the refunded payment by any other legal means.

12.6. If yougave us the wrong beneficiary account details, we will not issue you with arefund, but we will try and trace the money subject to Push Payment for you. Wemay charge you a reasonable fee for tracing this money.

12.7. If ittakes longer than it should for money to be deposited in the beneficiaryaccount, please let us know and we can make a request to the beneficiary’saccount provider to treat the Push Payment as if it was made on time.

13.   RESTRICTIONSON YOUR USE OF OUR SERVICES

13.1. Touse our services you must:

(a)                be an 18 years of age or older;

(b)     bean individual who is a UK resident;

13.2. You mustnot use our services:

(a)                for trading or business purposes;

(b)                for any fraudulent purposes;

(c)    any activities which do not comply with anyapplicable laws or regulations, including but not limited to laws relating tomoney laundering, fraud, financial services or consumer protection;

(d)    for any activities listed on our website or thePartner’s website as prohibited;

(e)    in relation to any ‘pyramid’ arrangement, Ponzischemes or similar marketing or matrix programs or other schemes for ‘quickenrichment’ or high-yield investment programs;

(f)      forthe sale, supply or purchase of illegal items or items promoting orfacilitating illegal activities;

(g)     forthe sale, supply or purchase of counterfeit products or products infringingintellectual property rights;

(h)     forproducts or services for the processing or aggregation of payments by thirdparties;

(i)       formoney laundering;

(j)       forterrorist financing or propaganda;

(k)     forpornography, escort services and selling and/ or advertising sexual services.

13.3. Wecan stop providing you with our services if you breach this clause 13.

13.4. We mayimpose restrictions on your use of our services so that we can comply with ourregulatory obligations and risk appetite. These restrictions will be set out onthe Fees Page and/or the Website and may change from time to time. Theserestrictions may include the following:

(a)           limits on minimum amount you can top-up yourAccount by;

(b)           a maximum balance of your Account;

(c)            a maximum amount of a single Push Payment, CardPayment and Cash Withdrawal you can carry out;

(d)           a maximum volume of Push Payments, Card Paymentsand Cash Withdrawals in a given time period;

(e)           a maximum number of Push Payments, Card Paymentsand Cash Withdrawals you can execute in a given time period.

13.5. Wemay:

(a)                refuse to top-up your Account, if the top-upwould cause your Account to exceed its limit or if we suspect the payment isfraudulent or against the law in some other way;

(b)    refuse to execute a Push Payment, a Card Paymentor a Cash Withdrawal if it would breach a restriction.

13.6. Inaddition, we may also apply ‎internal controls, ‎including ‎limits, to certaintypes of transactions from time to time but for security ‎purposes, we may beprohibited to  disclose them to you.‎

14.  COMPLAINTS

14.1. If youfeel that we have not met your expectations in the delivery of our services orif you think that we have made a mistake, please let us know. You may let usknow by contacting the Customer Relations Centre.

14.2. You canfind more information on how we handle complaints on our website (https://www.paynetics.digital/complaints/).We will provide you with a copy of our complaints ‎procedure upon request or ifwe receive a ‎complaint from you.

14.3. ‎Inmost cases, we will review your complaint and provide a full response within 15business days of the date of the complaint. In exceptional circumstances, wherewe are unable to respond to your complaint in full within that timeframe, wewill send you a holding response setting out the reasons for the delay and thetimeframe within which you will receive a full response, which in any case willbe within 35 business days of the date of the complaint.

14.4. If we failto provide a full response to your complaint within the time limit referred toabove or have failed to resolve your complaint to your satisfaction, you mayrefer your complaints to the Financial Ombudsman Service (Exchange Tower,London E14 9SR, phone 0800 023 4567, emailcomplaint.info@financial-ombudsman.org.uk‎). Details of the service offered bythe Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.

15.   WHERECAN YOU GET INFORMATION ON HOW WE HANDLE PERSONAL DATA?

15.1. We are aController of your personal data. Details of how we process your personal dataare set out in our privacy policy, which is available on the following weblink https://www.paynetics.digital/uk-privacy-policy/.

15.2. Byagreeing to these terms, you are providing your explicit consent to usaccessing, processing and retaining your personal data for the provision ofpayment services.

16.  OUR DUTY OF CONFIDENTIALITY

16.1. Weshall keep your confidential information (such as your name and address anddetails of contracts you have entered into) confidential and shall not use suchconfidential information except for the purpose of exercising or performing ourrights and obligations under these terms.

16.2. Pleasenote that we may disclose confidential information to:

(a)          ourstaff and advisers (for example legal and compliance firms) and any partners wework with, provided that we ensure they keep it confidential;

(b)          the Technical Provider;

(c)           the extent required by law or by any governmental or otherregulatory authority or by a court or other authority of competentjurisdiction;

(d)          the bank we use to provide us with banking facilities inthe normal course of business.

17.  INFORMATION WE REQUIRE AND CHECKS WE CARRY OUTWHEN ONBOARDING YOU AS A CLIENT AND THROUGHOUT THE TERM OF OUR RELATIONSHIP

17.1. Before weprovide any of our services to you, you will have to successfully complete ourprocess for verifying your identity. The process may involve you providing uswith a valid passport / ID card and a bank statement or other identificationdocuments, as well as a selfie, together with the presented identity documentin real time, or any other procedure we may specify. We may use ID verificationagencies or other automated platforms to verify your identity.

17.2. Wemay require additional documentation and information from you during thelifetime of these terms. You should provide us with true and completeinformation and/or documents upon onboarding you as a client and during thelifetime of these terms. If you do not provide us with the information ordocumentation we require, we may withhold our services and freeze your moneyuntil we receive the documentation or information that we require. If youprovide us with false or misleading information and/or documents, we mayterminate this Agreement with 2 months` notice and withhold our services andfreeze your money until the date this Agreement is terminated.

17.3. We reservethe right to carry out all and any necessary money laundering, terroristfinancing, fraud or other illegal activity checks including due diligence inrelation to the beneficiary before executing a Push Payment or a Card Payment.

17.4. We,or someone acting for us, may carry out electronic verification checks in orderto verify your identity. This will leave a soft footprint on your credithistory.

18.  OTHER IMPORTANT TERMS

18.1. We maytransfer our rights under these terms and associated contracts to anotherorganisation without your consent. We shall let you know in advance beforedoing so. You cannot transfer your Card, your access to the Platform or yourAccount or any other rights under these terms to anyone.

18.2. Werecord telephone conversations and may use them as evidence if you make acomplaint. We shall destroy our recordings in accordance with our normalprocedures.

18.3. You canobtain a copy of these terms. A copy is always available the Website or via theCustomer Relations Centre.

18.4. Ifwe or you have breached these terms and the non-breaching party doesn't enforceits rights, or delays in enforcing them, this will not prevent thenon-breaching party from enforcing those or any other rights at a later date.

18.5. Weshall have no liability to you if we are prevented from or delayed inperforming our obligations under these terms by acts, events, omissions oraccidents beyond our reasonable control provided that you are notified of suchan event and its expected duration.

18.6. Eachof the clauses of these terms operate separately. If any court or relevantauthority decides that any of them are unlawful, the remaining paragraphs willremain in full force and effect.

18.7. We canchange these terms, including the fees you are charged, by giving you twomonths’ notice via email. We shall assume that you are happy with the changesunless you tell us that you want to terminate this Agreement before the changescome into force.

18.8. Theseterms are governed by the laws of England.

18.9. Legalproceedings can be issued in the courts of England & Wales. In addition:

(a)          if you live in Scotland, legal proceedings can be issued inthe Scottish courts;

(b)          if youlive in Northern Ireland, legal proceedings can be issued in the Northern Irishcourts.

19.   FEESAND EXCHANGE RATES

19.1. Fees thatapply to our services are set out on the Fees Page.

19.2. If moneysent to one of your Account is in a currency other than the currency of thatAccount, then this money will be ‎converted into the currency of the relevantAccount using an exchange rate made up of a reference rate (details of whichare available on ‎‎the Platform) plus the currency conversion mark-up fee asset out in the Fees Page. The exchange rate will be determined at the time themoney is received.‎

19.3. If a CardPayment or Cash Withdrawal is in a currency other than the currency of thelinked Account, then the amount deducted will be the amount of the Card Paymentor Cash Withdrawal converted to the currency of the linked Account using thereference exchange rate applied by MasterCard® (available at https://www.mastercard.co.uk/en-gb/personal/get-support/convert-currency.html)plus the currency conversion mark-up fee set out in the Fees Page. The exchangerate shall be determined on the date that the Card Payment or Cash Withdrawalis processed. The ‎reference exchange rate is not set by us and variesthroughout the day meaning it may ‎change between the date the Card Payment orCash Withdrawal is made and the date it is processed. We provide information onthe total currency conversion charges ‎applicable with respect to Card Paymentsand Cash Withdrawals, expressed as a percentage mark-up over the ‎latestavailable euro foreign exchange reference rates issued by the European Central‎Bank on the Platform.‎

20.  INDEMNITY

20.1. You shallindemnify us against all amounts we are required to pay to another financialinstitution, together with all associated losses, expenses and costs (includingall interest, penalties, legal costs (calculated on a full indemnity basis) andprofessional costs and expense, where both:

(c)     thatother financial institution has compensated its customer as a result of itscustomer claiming to have been the victim of an APP Scam; and

(d)     anymoney which that customer paid, as part of the APP Scam, was credited or meantto be credited to your Account.

20.2. Wemay deduct any monies you owe us in accordance with clause 20.1 from yourAccount(s) and from your Card(s) and if you do not have sufficient funds, thiswill result in your Account, having a negative balance.

21.  NEGATIVE BALANCE

If any action results in a negative balance in one or moreof your Account, you must top-up the relevant Account(s) by the amount of thenegative balance immediately. If one Account has money in it and the other hasa negative balance, then we shall be able to transfer money from the Accountwith money in it to the one with the negative balance. Until the negativebalance is reimbursed in full, we may:

(a)   suspend your Account(s) and Cards;

(b)    charge you interest at 4%above the base rate of the Bank of England on such negative balance; and/or

(c)     take legal action against youto recover such amount and charge you our reasonable costs in pursuing you.

22.   STATEMENTS

(c)                We will provide you with information abouttransactions on your Account and fees applied by means of electronic statementswhich will be accessible on the Platform. Statements will not be provided onpaper. You should carefully review these statements regularly. Your statementswill remain available on the Platform for you to access for ‎1 year. You maywish to download or print your statements for your future reference. You willbe charged a fee (see Fees Page) if you ask us to provide additional informationor provide it in a different manner than as described here.

23.   LATEOR INCORRECTLY EXECUTED TOP-UPS TO YOUR ACCOUNT

23.1. If we havereceived a payment for your Account but we have not credited correctly or ontime, we will immediately credit your Account with the correct amount includingany fees to restore the Account to the position it would have been at if thepayment was executed correctly and on time.

23.2. If wetop-up your Account when we shouldn’t have done or when this money does notbelong to you, (for example someone sent it to you by mistake), we may, wherewe consider it reasonable to do so, take this money from your Account andreturn it to the sender. We are obliged to provide certain information to thesender’s payment service provider about you and the payment to enable them torecover their funds.

24.   FUTUREPAYMENTS INITIATED VIA A CARD

24.1. If youauthorise a Card Payment without knowing the final amount of the payment (forexample, when renting a car or booking a hotel room) and you think that thefinal amount of the payment is too much, you have the right to ask us toprocess a refund of such payment provided that all of the following conditionsare met:

(a)          you haveasked for a refund within 8 weeks of the Card Payment;

(b)          at the time of authorisation toexecute the Card Payment, the exact amount of the Card Payment was notspecified; and

(c)           theamount of the Card Payment exceeded the amount you could have reasonablyexpected, taking into account your previous spending patterns and thecase-specific circumstances. If the amount of the Card Payment increasedbecause of the currency exchange rates when the reference exchange rate agreedwith us has been applied, this will not be a valid reason.

24.2. Within 10business days of receiving your request for a refund, or, where applicable, ofreceiving the further information we requested, we will refund the full amountof the Card Payment or inform you of the refusal to refund it, together withthe grounds for refusal and the authorities to which you can complain if you donot accept those grounds. The refund will include the entire amount of the CardPayment which will be dated back to the date on which your Account was debited.

24.3. You willnot be entitled to a refund of any Card Payment that was initiated by orthrough payee when:

(a)          you havegiven your consent to execute the Card Payment directly to us; and

(b)          whereapplicable, we or the payee has informed you about the upcoming Card Payment atleast 4 weeks before it was due to be made.

25.   GENERALLIABILITY

25.1. We willnot be liable to you for any damages or losses arising from or relating to:

(a)               any Push Payments, Card Payments or Cash Withdrawalsexecuted in accordance with the information or instructions provided by youwhich were incorrect, inaccurate or incomplete;

(b)               refusal of a merchant, ATM or any other person to acceptthe Card as a payment method;

(c)                your failure to use the Card or Account in accordance withthis Agreement;

(d)               loss of revenue, goodwill, lost benefits or expectedsavings;

(e)               you acting fraudulently or with gross negligence;

(f)                 the quality, safety, legality or any other aspect of goodsand/or services purchased using a Card Payment or Push Payment or any possibledisputes arising between you and the provider of such goods/services;

(g)               any loss or damage which is not a direct result nor adirect consequence of a breach of thisAgreement by Paynetics; or

(h)               any loss or damage caused by a virus, Denial of Serviceattack dissemination or other technologically harmful material that may infecta computer or other device or equipment, software programs, data or otherproprietary material in connection to the Card, Account and this Agreement;

25.2. None ofthe terms of this Agreement will limit or exclude our liability for fraud,gross negligence or any other liability which cannot be legally excluded orlimited by law.

26.   TERMOF THIS AGREEMENT

(d)                This Agreement will become effective when yourapplication is approved by us. This Agreement will remain valid until it isterminated in accordance with its terms.

27.   FREEZINGYOUR ACCOUNTS AND YOUR CARDS

27.1. Wemay close and/or suspend and/or deduct an appropriate amount of money from yourAccount(s) and Cards immediately in exceptional circumstances. Exceptionalcircumstances include, for example the following:

(a)     ifwe have good reason to suspect that you have behaved or are behavingfraudulently or otherwise criminally;

(b)     ifwe believe, acting reasonably, or if another PSP informs us that money has beencredited to your Account as a result of an actual or alleged APP Scam;

(c)     ifyou haven't given us (or someone acting on our behalf) any information we need,or we have good reason to believe that information you have provided isincorrect or not true;

(d)     ifyou've broken these terms and conditions in a serious or persistent way and youhaven't put the matter right within a reasonable time of us asking you to;

(e)    if we have good reason to believe that your useof the Platform is harmful to us or our software, systems or hardware;

(f)     if we have good reason to believe that youcontinuing to use your Account and/or Cards could damage our reputation orgoodwill;

(g)    if you behave in a disrespectful or abusive wayto our or the Partner’s staff, for example by harassing or insulting staffmembers or using offensive language while communicating with them;

(h)     ifwe have asked you to repay money you owe us and you have not done so within areasonable period of time;

(i)       ifyou've been declared bankrupt or deceased; or

(j)      if we have to do so under any law, regulation,court order or ombudsman’s or card organisation’s instructions.

27.2. If weclose or suspend your Account(s) and Cards, you will only be able to send moneyvia Push Payment to a non-Paynetics account before this Agreement isterminated. You will not be able to top-up your Account, make any Card Paymentsor Cash Withdrawals.

28.   REDEMPTION

28.1. You canredeem all or part of the money credited to your Account by either:

(a)     executinga Cash Withdrawal; or

(b)     executinga Push Payment and sending money in your Account to an account you hold withanother payment service provider.

(e)                The standard fees (if any) for thesetransactions will apply.

28.2. After thisAgreement has been terminated, you can only redeem the money credited to yourAccount by requesting that all of the money in your Account is sent to anaccount in your name with another payment service provider (our standard feesshall apply to this payment). You can request this by contacting the CustomerRelations Centre. We may require you to provide satisfactory confirmation of‎your identity and address before the refund is made.‎ If you do not have anaccount in your name with another payment service provider, please contact theCustomer Relations Centre to discuss other options.

28.3. Allredemptions will be paid out in the currency of the account you want your moneyto be sent to. Accordingly, if this is different to the currency of the Accountbeing redeemed, your money will be exchanged at the exchange rate (ifapplicable) ‎prevailing at the time of processing the redemption. ‎

28.4. Aredemption fee (see Fees Page) will be charged to cover redemption costs oneach ‎redemption request if a redemption is requested more than one year afterthe date this Agreement is terminated.

28.5. We willnot refund the remaining value of money in your Account if you make the requestfor ‎redemption more than 6 ‎years after the date of termination of thisAgreement.‎

29.  HOW YOU CAN CONTACT US

29.1. You cancontact our Customer Relations Centre using the contact details set out in thetable below. We may record any conversations with the Customer Relations Centrefor monitoring purposes and we may use them as evidence if you make acomplaint. These recordings shall be destroyed in accordance with our normalprocedures.

(f)                   Method

(g)                  Details

(h)                  Telephone (open from [09:00 am to 06:00 pm  BST)

(i)                    +44 20 3761 6110

(j)                    Email

(k)                  team@myfana.com

29.2. Toreport a lost, stolen or misappropriated Card or unauthorised access to yourPlatform or Account, please contact us via the Platform or via telephone to +4420 37698510 (available 24 hours a day)

30.  How we can contact you:

(l)                    Method

(m)                Details

(n)                  Call you or text you

(o)                  The telephone number you provide us with when  being onboarded as a client as updated by you from time to time

(p)                  Email

(q)                  The email address you provided us with then  being onboarded as a client, as updated by you from time to time.

(r)                   Write to you

(s)                   The address you provide us with when being  onboarded as a client, as updated by you from time to time.

(t)                   In the event of security threats or fraud

(u)                  We will contact you via SMS, telephone or  email.

(v)   

Ifwe contact you in the event of security threat or fraud, we will never ask you to give your fullsecurity details (such as PIN or Password) or ask you to transfer money to anew account for security reasons.

(w)              It is essential that you notify us as soon asany of your contact details change. You can do this via the Platform. We willnot be liable for any losses you incur as a result of your contact detailshaving changed where you have failed to inform us that they have changed.

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Fana Prize Draw Official Rules

1. Introduction

These terms and conditions govern all Fana Prize Draws. By participating, entrants agree to be bound by these rules.

2. Promoter

The promoter of the Fana Prize Draw is Fana Impact Foundation, Inc., a registered 501(c)(3) charity in the USA.

3. Eligibility

- Open to legal residents of eligible countries.

- Entrants must be at least 18 years old or the age of majority in their jurisdiction.

4. Entry

- No purchase necessary for entry.

- Entries can be made by donating through designated channels or other methods as specified.

- Each donation or alternate method of entry counts as one entry unless otherwise specified.

5. Prize

- The prize(s) for each draw will be specified at the time of the draw.

- Prizes are non-transferable and no cash alternative is available.

6. Winner Selection

- Winners are randomly selected from all eligible entries.

- Odds of winning depend on the number of entries received.

7. Notification

- Winners will be notified via the contact information provided.

- If a winner does not respond within the specified time frame, an alternate winner may be selected.

8. Publicity

- By accepting a prize, winners consent to the use of their name and likeness for promotional purposes without additional compensation, unless prohibited by law.

9. Liability

- Fana is not responsible for any lost, late, or misdirected entries.

- By entering, participants agree to release Fana from any liability arising from participation in the draw or the acceptance and use of any prize.

10. Privacy

- Personal information collected is used solely for the purpose of administering the draw and in accordance with Fana’s privacy policy.

11. Governing Law

- These terms are governed by the laws of the United Kingdom.

12. Amendments

- Fana reserves the right to amend these rules or cancel the draw at any time without prior notice.

13. Free Entry Route

- The Fana Prize Draw is a free draw, not subject to the Gambling Act 2005.

- Participants have a free route to entry without any payment required.

- Details on how to enter for free will be provided with each draw.

14. Fund Allocation

- Funds raised in prize draws benefit the streamer, the audience, and charities.

- Fana donates 90% of the net proceeds to the charity chosen by the streamer, while the remaining 10% covers technology and infrastructure costs for running the platform.

- "Net proceeds" means the funds raised minus the direct costs associated with prizes, streamers, and reasonable marketing and operation costs for the promotion.

15. Campaign Management

- Prize draws campaigns are run by our creator partners, who decide the terms of how long the campaign lasts and when draws happen.

- Prize drawing will typically occur on stream and contests will need to abide by any additional rules or terms as indicated by the creator on stream.

16. Contact

For any questions or concerns, please contact support at https://www.fanaverse.io/impact.

By participating in the Fana Prize Draw, entrants agree to these official rules and the decisions of Fana, which are final and binding in all respects.