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Terms & Conditions — ROW New

Terms and Conditions application to Luxon Pay Ltd

Luxon is a trading name of Luxon Pay Ltd a private limited company registered in Canada under company number 2024517852 and whose registered office is at Suite #229, 6030 88ST NW, Edmonton, Alberta, Canada, T6E6G4. Luxon is authorised by FINTRAC as a Money Service Business (MSB No. M22974394)

IMPORTANT INFORMATION: These terms and conditions (“Terms”) govern the use of the Services (as defined below) provided by Luxon (“we” or “us”) to any person whose application we approve (“you” or “your”).

By activating your eWallet (as defined below) with us, you confirm that you have read, understood and agree to these Terms. We recommend that you print a copy of these terms for future reference. We may change or update these Terms from time to time and we advise you that every time you wish to use our Services, please check these Terms to ensure you understand the terms that may apply at that time.  If you are unable to download or print a copy of these Terms, you can request a copy of these Terms from us.

These Terms refer to the following additional terms, which also apply to your use of the Services and together constitute the whole agreement between you and us:

a.          Our Privacy Policy luxon.com/privacy-policy/row which sets out the terms on which we process your personal data. You agree that any and all personal data provided by you is accurate.

b.          Our Cookie Policy luxon.com/cookie-policy which sets out information about the cookies used on our website.

You are also advised to read the answers to the Frequently Asked Questions which are published on our Website luxon.com/support

The value stored in your eWallet is E-Money (as defined below) only. Your eWallet is not a deposit account, which means that your funds will not be protected by the Canada Deposit Insurance Incorporation. However, we will hold funds received in exchange for E-Money in a designated safekeeping account with a regulated financial institution and will keep those funds separated from our own funds. Your eWallet does not grant any interest or bonuses related to the duration of time that you hold E-Money with us.


Any information contained on the Website is for general information and educational purposes only. No information contained on this Website should in any way be considered financial advice in any form or to any extent. Nothing published on this Website is a recommendation for any investments, products or services, and nor should anything published on this website be relied on for any investment or purchasing decisions. Please conduct your own independent research and seek independent financial and investment advice before entering into any financial transaction or any purchase of goods or services.

Latest update: [July 2023] Version 1.19

1.         Definitions & Interpretation

1.1        In these Terms, words and expressions have the following meanings, unless otherwise stated:

“Account Information Service Provider” means a third-party payment service provider which is authorised to provide an online service which accesses one or more of your payment accounts to provide a consolidated view of such accounts under a separate agreement with you;

“Applicable Laws” means any applicable statutes, laws, ordinances, orders, judgments, decrees, rules or regulations issued by any government authority, and any judicial or administrative interpretation of any of these;

“App” means the Luxon Mobile Application and any other software (for use on mobile devices or otherwise) offered by us in the future offering similar or additional functionality as the Luxon Mobile Application;

Authorisation” means consent to Pre-Approved and Automatic Payments given by you under these Terms;

“Available Balance” means the amount of E-Money issued by Luxon to you and held in your eWallet, which you have not yet spent or redeemed;

“Business Day” means a day (other than a Saturday or Sunday or a public holiday) when commercial banks are open for ordinary banking business in England;

“Chargeback” means a charge that is returned to a payment method, including but not limited to a credit card, after a customer successfully disputes an item on their account statement or transactions report;

“Currency Exchange” means exchanging E-Money within your eWallet from one currency to a different available currency or as part of an Outbound Transaction;

“Cut-Off Time” means 10.30am UK time

“Deposit” means the crediting of funds to your eWallet by purchasing E-Money;

“E-Money” means electronic money issued by Luxon to you where each unit represents an equivalent value of E-Money in the currency selected, for use by you in making Transactions;

“eWallet” means a digital E-Money account on our systems that is specific to you, denominated in an available currency of your choice, which enables you to make Transactions, where we record your Available Balance, data relating to your Transactions and other information from time to time;

“Fees” has the meaning given to it in Clause 10;

“Force Majeure Event” means any event or circumstance which is beyond our reasonable control, including but not limited to: any act of God, flood, earthquake or other natural disaster, terrorist acts, pandemic, riots, war, sanction or embargo, fire, explosion or accident, industrial action of any kind (other than induced by us), interruption or failure of any utility service or act taken by any government authority;

“Inbound Transaction” means a Refund or a payment in E-Money from a Merchant to you or a transfer of E-Money from another eWallet holder;

“Merchant” means a third party provider of online or in-person activities, goods or services, authorised by us to accept Outbound Transactions and make Inbound Transactions;

“Notice” means any information published or provided to you by Luxon via the App, your email or any other method as Luxon may use from time to time;

“Intellectual Property Rights” means patents, utility models, trade marks, service marks, trade and business names, rights in designs, copyright (including rights in software), database rights, domain names, semi conductor topography rights, rights in inventions, rights in know-how and confidential information and other intellectual property rights which may subsist in any part of the world, in each case whether registered or not (and including applications for registration);

“Losses” means all losses, damages, claims, liabilities, costs and expenses of any kind (including reasonable legal fees and expenses);

Luxon’s Express Service” means the service as outlined in Clause 6;

“Outbound Transaction” means a payment by you for goods, services, privileges or other rights using E-Money or transfer of E-Money to another eWallet holder;

“Payment Initiation Service Provider” means a third-party payment service provider which is authorised to provide an online service which accesses your payment account to initiate the transfer of funds on your behalf under a separate agreement with you;

Pre-Approved and Automatic Payments” means payments authorised by you from your eWallet in advance whereby you agree to a Prospective Payment Recipient having the ability to collect and/or credit payments from/to your eWallet until you withdraw your consent;

Prospective Payment Recipient” means a third party who may request and receive Pre-Approved and Automatic Payments from your Luxon eWallet in such amounts as represented to us by that third party;

“Refund” means a partial or full reimbursement to you in E-Money from a Merchant for an earlier Outbound Transaction with the same Merchant that was either not redeemed or for which it is otherwise determined the amount paid, partially or in full, should be returned;

“Security Credentials” means security information (such as answers to questions known only to you, usernames, passwords, passcodes, PIN, or codes generated through a multi-factor authentication security device) that may be used to access your eWallet or make Transactions;

“Services” has the meaning given to it in Clause 4;

“TPP” means a third party provider which is either an Account Information Service Provider, and/or Payment Initiation Service Provider;

“Transactions” means either or both an Outbound Transaction and an Inbound Transactions;

“UK” means United Kingdom;

“Website” means luxon.com;

“Withdrawal” – means removing funds from your eWallet by selecting one of the withdrawal methods available to you in your country of residence;

“we”, “us”, “our” means Luxon Pay Ltd.

1.2        In these Terms:

a.          references to “include” or “including” do not limit the generality of any preceding words and are to be construed without limitation;

b.          references to a “person” include any individual, company, partnership, joint venture, firm, association, trust, government authority or other body or entity (whether or not having separate legal personality);

c.          references to statutory provisions, regulations or notices shall include those provisions, regulations, notices or rules as amended, extended, consolidated, substituted or re-enacted from time to time;

d.          the headings are inserted for convenience only and do not affect the construction of these Terms; and

e.          unless the context otherwise requires, words in the singular include the plural and vice versa and a reference to any gender includes all other genders.

2.         Changes to these Terms

2.1        We may update or amend these Terms from time to time by giving you two (2) months’ prior notice before the date on which the updates or amendments are to take effect. Every time you wish to use our Services, please check these Terms to ensure you understand the terms that apply at that time. Reasons why we may change these Terms may include, without limitation changes:

                          I.         to the services we provide;

                        II.         in market conditions or operating costs that affect our business;

                       III.         in technology;

                        V.         in payment methods;

                      VI.         in Applicable Laws;

                     VII.         to make them clearer or more favourable to you;

                    VIII.         to our systems.

2.2        Notice of updates or amendments to these Terms as outlined in Clause 2.1 will be given on the App or by notification by email. Any  updates or amendments to these Terms will be effective from the effective date indicated in the relevant Notice provided. These  updates and amendments will apply prospectively to any use of the Services after the effective date stated. If you do not agree to any such updates or amendments, you have the right to terminate these Terms immediately without any charge before the amendments enter into force. If you wish to refuse the proposed amendments and must notify us of the refusal by written notice prior to the amendments coming into force.  If you do not notify us of your intention to refuse the amendments, by continuing to use any of our Services after that effective date you will be deemed to have understood and agreed to be bound by the updated Terms and the relationship between you and us shall be governed by the new version of the Terms.

2.3        We may make immediate changes to the Terms in the event that we add a new product or service that does not change the terms and conditions applicable to our existing services.  We may add any such service immediately and will inform you of the Terms before you use it.

3.         Registration and Eligibility

3.1        You may register for a Luxon eWallet via the App or other means that we may in the future prescribe. If you choose to register for an eWallet, you agree to provide us with true, accurate, current and complete information about yourself, which includes certain biometric data (including a facial scan and a thumbprint/fingerprint scan), and update us if there are any changes to that information or data.

3.2       In order to enter these Terms and receive the Services, you warrant that you are legally deemed as having full capacity, are a resident in a jurisdiction where Luxon provides services, and you are at least 18 years of age. In order for you to prove your capacity, location and/or your age, we reserve the right to request from you any extra information.

3.3        Your eWallet will not be activated unless we have been provided with the required information so that we may identify you and comply with all applicable know-your-customer (“KYC”) requirements. We shall keep records of the information and documents you provide in accordance with our Privacy Policy; luxon.com/privacy-policy/row and all applicable legal and regulatory requirements.

3.4        We reserve the right to not accept your application for an eWallet and we are not obliged to provide the reason for declining your application. If we have reasonable grounds to suspect that any information you have provided to us is untrue, inaccurate or incomplete, we may suspend or terminate your eWallet and refuse any and all current or future use of the Services by you.

3.5       We reserve the right to refuse the creation of duplicate accounts for the same user due to security and KYC requirements. In a case where duplicate accounts are detected; we reserve the right to close or merge these duplicate accounts without notification to you.

3.6        The E-Money contained in your eWallet belongs to the individual registered in accordance with the above Clauses 3.1 to 3.3. No other person has any rights in relation to the E-Money held in your eWallet. You may not assign or transfer your eWallet to a third party or grant any third party or equitable interest over it.

4.         Services

4.1        We will provide the following services to you (collectively, the “Services”) in accordance with the remainder of these Terms:

                          I.         hosting a digital account (eWallet) enabling you to store E-Money;

                        II.         exchanging funds received from you by us for E-Money and exchanging E-Money contained in your eWallet for funds to be paid to you;

                       III.         exchange E-Money contained in your eWallet from one currency to another available currency;

                      IV.        managing Transactions in your eWallet, including tracking and messaging additional information;

                        V.         certain payment services enabling you to send and receive E-Money; and

                      VI.         other means of using our platform to enable Transactions with Merchants as may be offered in the future, and related services;

                     VII.         Luxon’s Express Service, as further detailed in Clause 6.

4.2        Your eligibility to access certain Services may depend on the country in which you reside or are based from time to time. You shall not attempt to access or make use of the Services from or in any jurisdiction where such access or use is prohibited by Applicable Laws or these Terms. You may only open an account with us and use our Services if it is legal to do so in your country of residence and if it is in accordance with these Terms. By opening such account you represent and warrant to us that your opening of the account and use of our Services does not violate any Applicable Law relevant to you or your country of residence or these Terms. It is your responsibility to ensure that you do not use our Services for any purpose that is considered illegal in your jurisdiction or any other jurisdiction you may be located in from time to time. You shall be liable to us for the amount of any losses we incur in connection with your breach of this section.

4.3        You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

5.         Access to your Luxon eWallet and use of the Services

5.1       You may access your eWallet by logging into the App or on the Website. From here, you will be able to see your eWallet history, Transaction activity and view your personal details. You will need to contact our Support Team if you wish to change or update your personal details. You should check your eWallet history and Transaction activity regularly and contact us immediately in relation to any irregularities or enquiries. You can contact us in accordance with Clause 20. We shall not be liable for any Losses that result from any inaccurate information you provide.

5.2        A list of all Transactions on your eWallet will be accessible via the App. A monthly statement of all Transactions is available on request in accordance with Clause 20.  A record of financial transaction data will be available on request and will be stored for as long as is necessary or as otherwise required in accordance with Applicable Law.

5.3        A notification will be sent to your mobile device or, where notification to your mobile device is not possible for any reason, a notification will be sent to through the App and by email each time an Inbound or Outbound Transaction is made in your eWallet. 

5.4        To the extent that you are required to separately on-board with any Merchant, you acknowledge and agree that we shall not be required to authorise any Transactions with that Merchant unless and until you are separately on-boarded as required by them. You take full responsibility for ensuring that you are on-boarded with the relevant Merchant prior to attempting to make a Transaction with that Merchant.

5.5        You acknowledge and agree that we are not a party to an agreement between you and the Merchant for the supply of goods and/or services by that Merchant. Consequently, we accept no responsibility for any failures, breaches, acts or omissions of Merchants or their goods or services in connection with the Transactions. You are solely responsible for resolving any disputes you may have with Merchants in connection with Transactions or otherwise. We reserve the right, but have no obligation, to monitor or mediate any disputes between you and any Merchants. If we do elect to assist you in a dispute with a Merchant, you hereby acknowledge that such assistance shall not constitute a waiver of any provision of these Terms.

5.6        The value of each Outbound Transaction will be deducted from your Available Balance and the value of each Inbound Transaction will be credited to your Available Balance. You must ensure that you have a sufficient Available Balance from time to time to pay for your Outbound Transactions and any Fees relating to those Outbound Transactions. If for any reason an Outbound Transaction that you request, or the deduction of applicable Fees, would exceed your Available Balance, we will not process that Outbound Transaction, and not processing that Outbound Transaction will not constitute a breach of these Terms.

5.7        We may refuse to execute any Transactions on your eWallet where:

                          I.        executing such Transaction would breach these Terms;

                        II.         we are concerned about the security of or access to your eWallet;

                       III.         we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or unauthorised use of the Services;

                      IV.         you have failed to use the authentication method required to authorise a transaction or access our Services; or

                        V.         we are required to do so to comply with the Applicable Laws.

5.8       Where we refuse to execute a Transaction we will notify you as soon as reasonably practicable provided it would not be unlawful for us to do so. If possible, we will provide the reasons for refusal to execute the Transaction and/or suspending use of the Services and where those reasons relate to factual matters, the procedure for rectifying any factual errors that led to such refusal or suspension. Subject to Applicable Law, we shall not be liable for any losses arising from our refusal to execute a Transaction, or our suspension or restriction of your use of the Services where it is in compliance with these Terms and/or Applicable Law.

5.9        If for any reason any Outbound Transaction, or the deduction of applicable Fees related to the Transaction, would exceed your Available Balance on your eWallet, you are required to load your eWallet with sufficient funds to cover that liability before that Outbound Transaction can be actioned. We reserve the right to suspend your use of some or all of the Services until your Available Balance is sufficient to meet any requested Outbound Transaction or applicable Fees, to send you reminders or to take other debt collection measures and we may charge a Fee in connection with any debt collection or enforcement measures.

5.10     Your ability to use or access the Services or your eWallet may occasionally be interrupted, including, for example, but not limited to, if we need to carry out maintenance on our systems or due to a Force Majeure Event. Please contact us in accordance with Clause 20 if you wish to report any issues.

5.11     You agree:

                          I.         to only use the Services for lawful purposes and to adhere at all times to all Applicable Laws and these Terms;

                        II.         not to attempt to discover any source code included in the App, upload to our systems any malware, viruses or other unauthorised object code or source code, or otherwise disrupt or interfere with the conduct of the Service;

                       III.         not to copy, adapt, reverse engineer, decompile, disassemble, modify, or make error corrections to the App in whole or in part, except to the extent permitted by Applicable Laws.

5.12     Pre-approved and Automatic Payments

a.    By providing an Authorisation for Pre-approved and Automatic Payments you:

                                            i.         give the Prospective Payment Recipient the ability to collect or Refund fixed or variable amount payments and credits from/to your eWallet on a one-time or (sporadically or periodically) recurring basis until you cancel your Authorisation for the relevant Pre-approved and Automatic Payments; and

                                           ii.         hereby authorise and instruct us to pay the Prospective Payment Recipient from your Luxon eWallet amounts as presented to us by the Prospective Payment Recipient, which may arise and accrue from all or any of your activities with such Prospective Payment Recipient. This makes the Prospective Payment Recipient a trusted beneficiary of all your payments made under that Authorisation, so we will not ask you to log in or approve the payments when they are made and your Available Balance may be automatically and continuously debited depending on your activity with a Prospective Payment Recipient which is not yet known at the date of giving this consent. You agree that Luxon is not obligated to verify or confirm the amount the Prospective Payment Recipient presents to us for the purpose of processing a Pre-approved and Automatic Payments. You further acknowledge and agree that payments made under this provision are variable and may be made on various dates.

b.     When you select Luxon as the payment method when purchasing any goods and/or services from a relevant Prospective Payment Recipient, you are instructing Luxon to pay to the Prospective Payment Recipient the amount, owed by you and due to the Prospective Payment Recipient, as is presented to Luxon. Luxon will pay to the Prospective Payment Recipient the amount of any payment request based on your Authorisation for the relevant Pre-approved and Automatic Payments; and

c.     You agree that you cannot request a refund from Luxon for a Pre-approved and Automatic Payment unless:

                                            i.         the Authorisation did not specify the exact amount of the payment transaction when the Authorisation was given and the applicable amount exceeded the amount you could have reasonably been expected to pay, taking into account your previous spending patterns and the circumstances of the case and your consent to the making of the third party initiated payment was not given as set out in section 5.12;  

                                           ii.         you notify us of the request within 8 weeks from the date the payment was made; and

                                          iii.         you comply with our requests to obtain information which we reasonably require to review the circumstances of the case.

d.     We reserve the right to request further information as is reasonably necessary to ascertain whether the conditions in this clause 5.12 have been satisfied.

5.13     Cancelling Pre-Approved and Automatic Payments

a.     You may cancel a Pre-Approved and Automatic Payment at any time up to one (1) Business Day prior to the date the payment is scheduled to be made by contacting us in accordance with Clause 20.

b.     A cancellation request received by Luxon:

                                            i.         before close of business on a day that is not a Business Day will take effect on the next Business Day;

                                           ii.         after close of business on a Business Day will take effect on the next Business Day.  

 

c.     If you cancel a Pre-Approved and Automatic Payment you may still be liable to the Prospective Payment Recipient for the payment and/or other unpaid amounts and be required to pay the Prospective Payment Recipient through alternative means, if payments have not been completed or if payments are lawfully owed to the Prospective Payment Recipient.

 

5.14     eWallet Currency

Your eWallet will be set up in a primary currency (https://luxon.com/help-centre/questions/what-is-my-primary-currency-and-why-do-i-have-it/) based on the country of your verified address. You may change the primary currency of your eWallet, by following the guide on our FAQ.

Your eWallet may be subject to transaction limits depending on your country of residence, the verification status of your eWallet and other factors used by us to determine such limits from time to time.  Your transaction limits form part of your account details and can be viewed in your account via the App and on the Website.

6.         Luxon’s Express Service

6.1       Luxon’s Express Service is provided to online merchants and other Luxon eWallet account holders (who wish to receive money in their eWallet) by Luxon. This service allows online merchants to sell goods or services to persons who do not hold a Luxon eWallet account (“third party” or “you”). It can involve Luxon issuing a sum of E-Money to the on-line merchant, equivalent to the amount of the purchase when Luxon receives funds from the third party. Such electronic money is then paid to the online merchant’s Luxon eWallet as payment for goods or services being purchased.

6.2        Similarly, the service allows other Luxon eWallet account holders to request a payment from a third party. In this case, the third party will pay the requested amount to Luxon and Luxon can credit a sum of electronic money equivalent to the requested amount to the Luxon eWallet account holder’s account.

6.3        In case the merchant or other account holder is obliged to pay Luxon Fees for this payment, the fee will be automatically deducted.

6.4       Luxon will not open a Luxon eWallet account for you when you pay us and when we issue electronic money to merchants or other Luxon eWallet account holders. Luxon will keep the information you provide in accordance with our Privacy Policy to (1) allow payments to be made in this way in the future, (2) enable us to monitor the use of Luxon’s Express Service for risk management and compliance purposes and (3) make it easier for you to open a Luxon account in the future.

6.5        We may, in our discretion, require you to open a Luxon eWallet account with us. At this point, you will need to enter into our standard Terms and Conditions application to govern your newly-created relationship with us.

6.6        You should note that Luxon’s Express Service does not entitle you to the benefits of having a Luxon eWallet account, but you may have additional rights through your agreement with your credit or debit card issuer.

6.7        You agree that the recipient of your payment may refund your payment by means other than the payment method(s) that you used to send your payment.

7.         Loading your Luxon eWallet

7.1        Following activation of your eWallet, you will be able to send funds to us, and as an E-Money issuer, we will credit your eWallet with an equivalent amount in E-Money once we receive your funds. We may ask you to answer security questions or to complete other activities (including providing your biometric data) that we may reasonably require to ensure proper authorisation of a Deposit transaction. We will not extend you credit, nor will we assume any responsibility for any extension of credit by Merchants to you. 

7.2        In order to load your eWallet, you must log into the App or Website by using your Security Credentials and following the relevant instructions. The method of loading you may use will depend on the country in which you reside; please see the Website for a list of the permitted methods for loading your eWallet in your country of residence, which we may change in our sole discretion from time to time. https://luxon.com/help-centre/questions/what-countries-is-luxon-available-in/

7.3        The execution of your payments by a TPP in order to load your eWallet with E-Money are not part of the Services. We do not guarantee the ability to use any particular TPP and we may discontinue the availability of any such TPP for loading your eWallet at any time in our sole discretion.

7.4        E-Money will be available on your eWallet after we receive the funds which could take several days depending on the method and currency used to load your eWallet. Our processing of all loading transactions will be subject to fraud, money-laundering and other operational and customer service checks. Accordingly, there may be delays in the time required for E-Money to appear in your eWallet once you have performed a loading transaction.

7.5        You must not load your eWallet through a payment card or other payment instrument or a payment account if you are not the named holder of that payment instrument or account. Any attempt to use a payment instrument or account of which you are not the named holder will result in the load transaction being rejected and may be considered a fraudulent act.

7.6        If you make a loading transaction by a payment card, your payment information will be stored securely in accordance with Applicable Laws.

7.7        If you make a loading transaction using a payment method that may be subject to a Chargeback such as (but not limited to) credit or payment cards, you warrant that you will only exercise such Chargeback for an unauthorised use of the payment method or for a breach by us of these Terms which would result in you being entitled to a refund of the same loading transaction. Otherwise, you may not allow Chargeback of any loading transaction for reasons outside of our control including (but not limited to) disputes with a Merchant for non-delivery of goods or services. We reserve the right to charge you for any fees and expenses we incur in connection with a Chargeback including any action taken to challenge a Chargeback.

7.8        If for any reason your Available Balance is insufficient to meet a Chargeback, you are required to load your eWallet with sufficient funds to cover that liability immediately. You agree that we may charge the amount which is in excess of your Available Balance against any funds subsequently loaded onto your eWallet. We reserve the right to suspend your use of some or all of the Services until your Available Balance is sufficient to meet any such Chargeback, to send you reminders or to take other debt collection measures and we may charge a Fee in connection with any debt collection or enforcement measures.

8.         Making Outbound Transactions

8.1        An Outbound Transaction will be regarded as authorised when you (either directly or via Payment Initiation Service Provider):

                          I.         enter a password or other Security Credentials we have issued to you for that purpose on the App or the Website; and/or

                        II.         use your fingerprint scanner or facial recognition on your mobile device.

8.2        You cannot change or cancel your instruction for an Outbound Transaction after it has been received by us.

8.3        Payment Transactions and redemptions from your eWallet will be processed by us in accordance with the following timescales:

                          I.         where we receive the instruction on a Business Day, on the same Business Day;

                        II.         where we receive the instruction on a day that is not a Business Day, on the next Business Day; or

                       III.         where we receive the instruction after the Cut-Off Time on a Business Day, the next Business Day

 

8.4        Notwithstanding the timescales set out above, Payment Transactions and redemptions may be delayed due to circumstances outside our control, including the conduct of any third party.  Payment Transactions and redemptions may also be delayed where necessary to comply with the Applicable Laws (for example, where further action is necessary to comply with all applicable KYC requirements).

8.5        Transfers to other Luxon eWallet holders

a.    You can send E-Money to and receive E-Money from any of your contacts who are Luxon eWallet holders by selecting from your contacts list in the App. This function is available where you both have agreed to provide your contact details to other Luxon eWallet holders. We will use our reasonable endeavours to ensure the other Luxon eWallet holder will receive the transfer immediately or otherwise in a timely manner, subject to our internal compliance policies, procedures and Applicable Law.

b.     When you instruct us to make an Outbound Transaction to a Luxon eWallet holder, you must provide us with the recipient’s Luxon eWallet ID and any other information we ask for. If you provide us with incorrect or incomplete information or refuse to provide information, we may refuse to execute the Outbound Transaction, the funds could be lost and irrecoverable or there could be a delay in the recipient receiving the payment.

9.         Currency Exchange

9.1        When you request a Currency Exchange, we will use a variable exchange spot rate which is linked to foreign exchange markets. Details of the currencies available and the source of the exchange rates used by the App from time to time are as detailed in the FAQ on our Website. While we will provide you with an indicative exchange rate at the time you request a Currency Exchange, you accept that such conversion shall be entirely at your own cost and risk including as a result of any fluctuation or difference between the indicative rate of exchange displayed on the App at the time of a loading transaction and when you request to redeem the E-Money in your eWallet.

9.2        Luxon may make immediate changes to the exchange rates used to make a Currency Exchange or convert the transfer of funds from or to your eWallet. You will be able to confirm the current applicable exchange rate in the App at the time the transfer is being made. See Clauses 9.1 and 16.7.

9.3        Luxon may limit the value of Currency Exchange you can carry out at any one time or over a period of time. These limits can change from time to time. Information about these limits is set out in our FAQs.

9.4        The eWallet must not be used to trade in foreign currencies for speculative purposes.

9.5        Luxon are not responsible for any Currency Exchange Losses that arise from any Transactions.

9.6        You cannot cancel or reverse a Currency Exchange transaction.

10.      Fees

10.1     In order to open your eWallet and use the Services, you agree that we may charge you the Fees that shall be set out in the Fees schedule located on the Website https://luxon.com/fees (the “Fees”), and you agree that any Fees and other amounts due and payable to us under these Terms will be deducted from your eWallet without notice.

10.2     You acknowledge that it is your responsibility to check the Fees before making a Transaction, a Currency Exchange or using any Services, and by proceeding with a Transaction, Currency Exchange or any Services you are deemed to accept the Fees. 

10.3    Luxon reserves the right to change or amend the fees and these will be updated in the Fees schedule. Such changes will be effective from the effective date indicated in the relevant notice provided and will apply prospectively to any use of the Services after that effective date. By continuing to use our Services after that effective date, you will be deemed to have understood and agreed to be bound by the updated fees.

11.      Security of your Luxon eWallet

11.1     You are responsible for the use of your eWallet, for ensuring that use of the Services or access to your eWallet complies fully with these Terms and for keeping your Security Credentials, mobile and any other device or means to access your eWallet, safe and secure so as to prevent fraud and to protect your eWallet.

11.2     You must not:

                          I.         disclose your Security Credentials to anyone; or

                        II.         allow any other person to use the eWallet and/or any devices or tools that may be used to access your eWallet (such as your mobile).

11.3     If you disclose your Security Credentials to anyone, you are responsible and liable for their access, use or misuse of your eWallet, any losses incurred as a result of their access, use or misuse and their breach of these Terms.

11.4     If your Security Credentials or other eWallet details are lost, stolen or compromised, or you believe a third party has unauthorised access to your eWallet (including through lost or stolen devices used to access your eWallet), you must contact us immediately in accordance with Clause 20. We will take reasonable steps to stop any unauthorised use of your eWallet, which may include suspending or cancelling your eWallet or otherwise suspending access to funds or issuing you with replacement Security Credentials.

11.5     If we suspect your eWallet has been compromised or we have suffered a security threat, we will contact you only by email, using the latest contact details you have given us. When we contact you about a security threat, we will also give you information on how you can minimise any risk to your eWallet depending on the nature of the security threat.

12.      Liability for Unauthorised or Incorrect Transactions

12.1     You may be entitled to a refund of unauthorised or incorrectly executed Transactions in accordance with this Clause 12 provided at all times that you have notified us without undue delay of becoming aware of such incorrectly executed or unauthorised Transaction and in any case within 13 months from when it was debited to your eWallet. You can notify us by contacting us in accordance with Clause 20. We reserve the right to charge you in our sole discretion for any investigation into any incorrect or unauthorised Transaction.  

12.2     Incorrect Transactions.

If we make an Outbound Transaction or execute your redemption request incorrectly, we will refund you the amount of incorrectly sent payment as soon as reasonably practicable, together with any charges to put you into a position had the relevant Transaction not been made, except where:

                          I.         the instruction you gave us for the Transaction was not correct. If so, we will make reasonable efforts to trace the payment and recover the amount if you ask us and notify you of the outcome. We may charge you a fee to recover our costs in doing so; or

                        II.         we can show that the Transaction was actually received by the recipient’s payment services provider (in which case the recipient’s payment service provider is liable).

12.3     If you receive a payment to your eWallet by mistake, we are obligated to provide to the payment service provider that sent the incorrect payment certain information about you and the payment to enable them to recover the funds. You must not transfer, spend or redeem any funds you receive by mistake, and we may suspend your use of some or all of the Services during the course of our investigation into the incorrect payment. The amount of any proceeds of a suspected or confirmed unauthorised or incorrect transaction are deemed to be a debt due and payable to us on demand. You agree that we may charge the amount of any such debt against any funds subsequently loaded onto your eWallet. We reserve the right to recover the value or any proceeds of any unauthorised or incorrect transaction related to you by any other legal means.

12.4     Unauthorised Transactions.

If you notified us of unauthorised Outbound Transaction in accordance with Clause 12.1, unless we have reasonable grounds to believe you are not entitled to a refund, we will refund the value or the unauthorised Outbound Transaction, including any associated Fees and charges back into the eWallet the unauthorised Outbound Transaction was made from. You will not have any further claim against us in respect of such unauthorised Outbound Transaction.

12.5     If we have reasonable grounds to believe you are not entitled to a refund, we may investigate your claim further before giving you a refund. You agree to provide us such information to assist our investigation as we may reasonably require, including through electronic means. We will provide you with a refund for the Outbound Transaction you claim was unauthorised as soon as reasonably practicable and, in any case, no later than the end of the Business Day after you notified us of an unauthorised Outbound Transaction, unless we have reasonable grounds to suspect you acted fraudulently and we notified the police or other person permitted by law.

12.6     If after we have given you a refund our investigation of a disputed Outbound Transaction subsequently discovers that such claimed disputed Outbound Transaction was in fact genuine and authorised by you directly or indirectly, or that you acted fraudulently or with intent or gross negligence, we will deduct the amount of the disputed Outbound Transaction from your Available Balance. In addition, we reserve the right to recover the value of any Outbound Transaction that was refunded to you by any other legal means.

12.7     You may be liable up to a maximum of £35 or currency equivalent for unauthorised use of your eWallet before you notified us in accordance with Clause 12.1. The £35 liability limit or currency equivalent is applicable to each instance of loss, theft or misappropriation and not each Transaction.

12.8     You will be liable for all Losses incurred in respect of an unauthorised Outbound Transaction and will not be entitled to a refund if you have (a) acted fraudulently or have intentionally or with gross negligence; (b) failed to keep you Security Credentials safe and secure or otherwise failed to comply with these Terms in relation to the safety of your eWallet; or (b) failed to notify us in accordance with Clause 12.1.

12.9     Changes to your Luxon eWallet details

You must notify us immediately of any change in your personal or account details and we cannot guarantee proper performance of the Services in the event the details you have provided are not accurate or become inaccurate and disclaim all liability for any Losses that may result from such inaccuracies. You can notify us by contacting us in accordance with Clause 20, and we may require you to confirm such notification in writing or through other factors of authentication (which may include messages or calls to your mobile phone, or confirmation mail to your physical address). You will be liable for any Losses that directly results from any failure to notify us of any change. In order to verify a new address, you must provide any proof that we require.

12.10  We reserve the right at any time to satisfy ourselves as to your identity and address (for example, by requesting relevant original documents), including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, we may perform, in connection with your eWallet, electronic identity verification checks either directly or using relevant third parties. You agree to provide us with the information we request for purposes of identity verification and the detection and prevention of money laundering, terrorist financing, fraud or any other financial crime, and we will keep a record of such information in accordance with our Privacy Policy luxon.com/privacy-policy If you fail to provide the requested information, we reserve the right to suspend your eWallet pending receipt and verification of that information.

13.      Proprietary Rights

13.1     All rights, title and interest in, and to, the Intellectual Property Rights subsisting in, or embodied by, the App, Website and the Services, any proprietary software or other technology required to operate the App, Website or the Services, and any modifications or improvements thereto, including any derivative works, is retained by us and protected under applicable Intellectual Property Rights.

13.2     By activating your eWallet, we grant you a limited permission to use the App and Website solely for the purpose of benefiting from the Services in accordance with these Terms. In particular and without limitation, this permission does not grant you the right to create, author or invent any modifications or improvements to, or derivative works of, the App or Website. We may suspend or terminate this permission in accordance with Clause 16. Notwithstanding the foregoing, nothing in these Terms grants you any permission or right to use our trademarks, service marks, trade dress, slogans, logos or other indicia of origin.

13.3     From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

13.4     If you submit any ideas, suggestions or other feedback to us about the App or the Services, you grant to us the right to use or disclose such feedback without any further obligation to you. All rights not expressly granted to you under these Terms are reserved by us.

14.      Third Party Access

14.1     You may instruct a TPP to access information on your eWallet or to initiate certain payments from your eWallet provided such TPP is authorised by the appropriate regulator in their jurisdiction to provide the relevant service. Some TPPs may (with your permission) choose to access your eWallet without identifying themselves to us and to use your Security Credentials. We will treat any instruction from an authorised TPP as if it was from you. You should always consider the implications of sharing your Security Credentials and personal information.

14.2     We may deny a TPP access to your eWallet if we are concerned about unauthorised or fraudulent access by that TPP setting out the reason for such denial. Before doing so, we will tell you that we intend to deny access and give our reasons for doing so, unless it is not reasonably practicable, in which case we will immediately inform you afterwards. In either case, we will tell you in the manner in which we consider most appropriate in the circumstances. We will not tell you if, doing so would compromise our security measures or would otherwise be unlawful.

14.3     If you have provided consent to a TPP to access to your eWallet to enable them to provide account information services or payment initiation services on your behalf, you consent to us sharing your information with the TPP as is reasonably required for them to provide the relevant services to you. You must let us know if you withdraw this permission and we recommend you let the TPP know. On notification from you, we will not provide such TPP access to your eWallet.

15.      Right to Cancel

15.1     You have the right to cancel your eWallet and these Terms for any reason within a ‘cooling-off’ period of fourteen (14) days from the date on which your eWallet is registered by contacting us in accordance with Clause 20. You must contact us within this fourteen (14) day period and inform us that you wish to withdraw from these Terms and you must not make any Transactions. We will then cancel your eWallet and reimburse your Available Balance to you within fourteen (14) Business Days of our receipt of your cancellation request. You will not be refunded for any Outbound Transactions including any associated Fees made using your eWallet up to the date you notify us of your cancellation.

15.2     If you fail to exercise your right to cancel under Clause 15.1, then these Terms shall remain in full force and effect and shall continue until terminated. You may only terminate your eWallet and these Terms in accordance with Clauses 2.2 or 16.   

 

16.      Termination and Suspension

16.1     You can terminate your eWallet and these Terms at any time by informing us through the App or by contacting us in accordance with Clause 20.

16.2     We may terminate your eWallet or the provision of the Services and these Terms for any reason by giving you at least two (2) months’ prior notice. We may also terminate or suspend your eWallet, your use of the Services and/or terminate these Terms immediately in the event that:

                          I.         you have used the Services, or allowed them to be used, in breach of any of these Terms;

                        II.         we reasonably believe or suspect that you are in any way involved in any fraudulent activity, money laundering, terrorism financing, other criminal activity, other breach of Applicable Laws, or if we have any other security or legal or regulatory compliance concerns; or we believe that you have provided false or misleading information;

                       III.         we believe that you are involved in any dispute or disagreement with any Merchant whether that dispute or disagreement relates to the Services or otherwise;

                      IV.         we are unable to verify your identity or any other information pertaining to you, your eWallet or a Transaction;

                        V.         we are required to do so in accordance with our legal and regulatory obligations under Applicable Laws; or

                      VI.         we cease to be authorised to provide the Services.

16.3     If there have been no Transactions on your eWallet for a period of at least one (1) year, we reserve the right to terminate it and these Terms. We will notify you ahead of any such termination by giving you at least two (2) months’ notice.

16.4     Upon termination of these Terms and your eWallet in accordance with this Clause 16, all pending Transactions will be processed and, if your eWallet has a positive Available Balance, we will return your unused funds, minus any applicable Fees, within thirty (30) Business Days’ of the date on which you inform us of your wish to terminate your eWallet or on which termination otherwise occurs in accordance with this Clause 16. Unless otherwise expressly stated in Clause 17, the provisions of Clause 16 shall apply in such circumstances. If any Fees are incurred or a Transaction is made on your eWallet before termination, you will be liable to pay any such sums to us on demand, notwithstanding the subsequent closure of your eWallet.

16.5     Upon termination of your eWallet for any reason, we may continue to process your personal data in accordance with the terms of our Privacy Policy luxon.com/privacy-policy and Cookie Policy luxon.com/cookie-policy as applicable.

16.6     The Terms in effect as of the date of the termination of your eWallet will survive and continue to apply to any aspects of your prior use of the App or the Services, including your eWallet information, your Available Balance, any outstanding Transactions, and any relationship between you and a Merchant formed with the assistance of the App or the Services. You will remain liable for all outstanding obligations under this Agreement related to your use of the App, Website or the Services prior to termination.

17.      Redemption

17.1     You are able to redeem, either in part or in full, the monetary value of the Available Balance on your eWallet, at any time, at par value, by providing instructions given to us to do so and subject to your payment of any applicable Fees and the remainder of this Clause 17.

17.2     We reserve the right to carry out any necessary money-laundering, terrorist financing, fraud and other illegal activity and operational checks before authorising any redemption or transfer of funds to you, including returning any funds after the termination of these Terms. Accordingly, there may be delays in the time between our receipt of your redemption request and your receipt of the relevant funds.

17.3     We do not guarantee the availability of any particular redemption method using a particular payment service provider and may make changes to or discontinue a particular redemption method at any time as long as there is at least one redemption method available to you, unless prohibited by Applicable Laws.

17.4     The execution of your payments by a TPP in order to redeem the monetary value of the Available Balance on your eWallet are not part of the Services. We do not guarantee the ability to use any particular third party payment provider and we may discontinue the availability of any such third party payment provider for redeeming the monetary value of the Available Balance on your eWallet at any time in our sole discretion.

17.5     We may charge a Fee when you require redemption either in full or in part of the Available Balance on your eWallet, before the termination of these Terms (other than if you cancel during the ‘cooling-off’ period pursuant to Clause 15).

17.6     When you request the redemption of your funds, you must provide us the correct recipient and payment details for the transfer which are accurate and complete and any other information we ask for. For redemptions to UK accounts, this means the recipient’s name, account number and sort code and payment reference. For redemptions to overseas accounts, we may need additional information, such as IBAN. If you provide us with incorrect or incomplete details or refuse to provide information, we may refuse to execute your redemption request, the funds could be lost and irrecoverable or there could be a delay in the recipient account receiving the payment. We will not be held liable for funds sent to an incorrect payment account or instrument where we have acted in accordance with your instructions. We reserve the right to charge you a Fee in that event that you request our assistance in retrieving money from an incorrect payment account or instrument and transferring that money to the correct payment account or instrument.

17.7     You must be the named account holder of the account to which you instruct us to transfer the funds in the case of a redemption request. A breach of this requirement may be treated as a fraudulent act without prejudice to claiming further Losses. If we are required to investigate a redemption for the transfer of funds to a payment account or instrument that is not under your name, we reserve the right to charge you a Fee.

17.8     You accept that all redemption requests will be made in your primary currency and via a bank transfer to a designated account that you have notified to us and we have approved in advance.  Unless otherwise agreed between us, any designated account must be in your name.

17.9     If, following any redemption, Outbound Transactions are found to have been made or Fees incurred using your eWallet that exceed your Available Balance, we will notify you of any such outstanding amounts, and you shall pay any such amounts to us on demand and in accordance with Clause 5.9.

18.      Liability

18.1     Nothing in these Terms shall limit or exclude our liability:

                          I.         for fraud or fraudulent misrepresentation;

                        II.         for death or personal injury caused by our negligence; or

                       III.         where such limitation or exclusion would be contrary to the Applicable Laws.

18.2     Except as provided in Clause 18.1, we shall not be liable under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise:

                          I.         for any:

i.            indirect, incidental, special or consequential loss or damage of any kind; or

ii.           loss of profits, business, revenue or savings (actual or anticipated), loss of agreements or contracts, loss of opportunity, loss of data or loss of, or damage to, goodwill or reputation (including as a result of your inability to participate in any goods, services or offerings of a Merchant, to the extent that is caused by a failure in the App or the Services or delays in the time required for E-Money to appear in your eWallet once you have performed a loading transaction or a Merchant has authorised an Inbound Transaction);

                        II.         for any Losses in connection with the rights, privileges, licenses, goods or services that are purchased with your eWallet from a Merchant or the terms on which they are provided by a Merchant;

                       III.         if a Merchant refuses to accept an Outbound Transaction or other payment; or

                      IV.         any failure of a Merchant to remit value to you, in E-Money or otherwise, even if such failure is a breach of the Merchant’s terms with you.

18.3     Subject to Clause 18.1:

                          I.         the Services, in whole and in part, are provided on an “as is” and “as available” basis, without any and all warranties, whether express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from the course of performance, course of dealing or usage in trade in relation to the provision of our Services, App and/or the Website. The Company assumes no responsibility for errors or omissions in the any of contents of the Services, App and/or the Website.

                        II.         we do not guarantee that:

i.            the App or the Services are free from any viruses, trojan horses, worms, software bombs or similar items; or

ii.           access to the App or the Services will be free from interruptions.

18.4     Except as provided in Clauses 12 and 18.1 and subject to Clause 18.2, our total aggregate liability under or in connection with these Terms and whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to the lower of (i) €5000 or; (ii) the total amount of Fees received by Luxon from you in the twelve (12) months prior to the time of your claim. We shall not be liable for any losses arising from our compliance with any Applicable Law.

18.5      Our Services, App and Website can be accessed via the internet, an international network which you may have access to via IT devices, such as a desktop computer, a tablet, phone or other similar device. You are solely responsible for the proper functioning, maintenance and security of your own IT devices and your internet access, for any purposes in connection with our Website, App and/or Services. You are solely liable for any Losses resulting from a failure by you to ensure the proper functioning, maintenance and security of your own IT devices and your internet access.

18.6     Luxon will perform identity checks in accordance with Applicable Law. However, we do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information provided by any other user is accurate and complete.

18.7     We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or transfer to, any third party (including Merchants and other users of our Services). We have no control over, or liability for the conduct of any third party.

18.8     You agree to indemnify and hold harmless Luxon and our directors, officers, employees, agents, affiliates and subcontractors against any and all claims, actions, proceedings, investigations, demands, suits and Losses suffered or incurred by us that arise out of, or in connection with, any breach by you, of any of these Terms or Applicable Law, any enforcement by us of these Terms and/or your violation of any rights of any third party.

18.9     We are not liable (and you accept full responsibility) for any Transaction we carry out correctly in accordance with your instructions. You are fully responsible for the instructions you give to us and we will assume your Transaction instructions are accurate, correct and complete. Any Transaction will be deemed to have been correctly executed where it has been carried out in accordance with your instructions.

18.10  If you believe or suspect any third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you otherwise cannot adequately resolve a dispute with a third party, you may notify Luxon Support at: Support@Luxon.com

19.      Force Majeure

19.1     We shall not be liable for any default, or be deemed to be in breach of these Terms where the default or breach is due to abnormal or unforeseeable circumstances beyond our control despite our efforts to the contrary, including but not limited to a Force Majeure Event.

20.      Contact Details

20.1     If you have any questions or concerns about the Services, or to report issues with your eWallet, please contact us in the first instance through the ‘chat’ communication tool within your mobile App.

You can also contact us by email at support@luxon.com

Alternatively, you can write to us at our registered address: Suite #229, 6030 88ST NW, Edmonton, Alberta, Canada, T6E6G4.

21.      Complaints

21.1     If You wish to make a complaint about the Services, you can email us at support@luxon.com with brief details of your complaint and the phone number and email address associated with your eWallet or request our complaint form and send to our service email address on the form.

21.2     We will provide you a full response to your complaint by email within fifteen (15) Business Days after the date we receive your complaint. In exceptional circumstances where we are unable to respond in full to your complaint, we will inform you of this giving our reasons for the delay and the timeframe within which you will receive a full reply, which in any event shall be within thirty-five (35) Business Days of the date we received your complaint.

22.      Miscellaneous

22.1     We may assign or transfer all or any of our rights or obligations under these Terms to any third party (including by way of merger, consolidation or the acquisition of all or substantially all of our business and assets relating to these Terms). Such assignment or transfer will not affect your rights under these Terms.

22.2     You may only assign or transfer your rights or your obligations under these Terms to a third party if we give our prior written consent to this.

22.3     A person who is not a party to these Terms has no right, express or implied, to enforce any part of these Terms. The rights to terminate, rescind or agree any variation, waiver or settlement under these Terms are not subject to the consent of any person that is not a party to these Terms.

22.4     Nothing in these Terms is intended to, or shall be construed so as to, establish or imply any partnership or joint venture or a relationship of principal and agent between you and us or constitute either of you or us as the agent of the other party, or authorise you or us to make or enter into any commitments for or on behalf of the other party.

22.5     If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect yours and our original intentions as nearly, as possible in accordance with Applicable Laws.

22.6     No waiver of any of our rights under these Terms shall be effective unless in writing. Unless expressly stated otherwise, a waiver shall be effective only in the circumstances for which it is given, and no delay or omission by us in exercising any right or remedy provided by law or under these Terms shall constitute a waiver by us of such right or remedy.

22.7     These Terms and the documents referred to in it, constitute the whole agreement between you and us relating to the subject matter of these Terms and supersedes any prior written or oral arrangement, understanding or agreement between them relating to such subject matter.

22.8     These Terms are provided to you in the English language. Where we have provided a translation of these Terms to you, you agree that such translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with us. If there is any contradiction between the English language version of these Terms and any translation, the English language version takes precedence.

23.      Governing Law

23.1     These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation, are governed by, and shall be construed in accordance with the provincial laws of Alberta.

24.      Jurisdiction

24.1     Each party irrevocably agrees that the provincial courts of Alberta shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.

25.      Notices

25.1     You may serve notices to us in writing at the contact details in Clause 20.

25.2     You accept and agree that we may serve Notices and other disclosures to you in connection with your eWallet and the Services.