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(1) NETELLER TERMS OF USE
You acknowledge and agree that by checking the “Agree” box on our Website when opening your Account, you agree to abide by the following terms and conditions (“Terms of Use”) concerning your use of the NETELLER Service. If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Contact Centre at (toll free) 1-888-258-5859 (North America), 00-800-7767-6343 (United Kingdom, France, Germany, Netherlands, Spain, Denmark, Italy, Norway, Sweden and Finland) or 001-403-233-9466 (all other countries).
These Terms of Use are effective as of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-comffice:smarttags" /><st1:date Year="2006" Day="25" Month="9">September 25, 2006</st1:date>.
1. Definitions
1.1 In these Terms of Use, the following words have the meaning set out beside them:
“Account” means your online stored value account which holds electronic money;
“Fees” means any and all fees and charges levied by NETELLER for your use of the NETELLER Service;
“Member” means any person who meets all eligibility requirements set out in these Terms of Use;
“Merchant” means any commercial or business entity that is validly registered with NETELLER and enabled to receive and send payments to Members;
“NETELLER Service” means the electronic money issuer and transfer service and identity verification service provided by NETELLER;
“NETELLER”, “we”, “our” means NETELLER Operations Limited;
“NETELLER ATM Card” means the automated teller machine card issued by NETELLER for which certain Members may be eligible, as more particularly described in Section 10 hereof;
“NETELLER Exchange Rate” means the exchange rate used by NETELLER on all currency exchange transactions as published on our Website;
“transfer” means, as the context permits, (a) the debiting of an amount of electronic money from your Account and the concurrent crediting of such amount to a Merchant account or other Member account, as designated by you; or (b) the crediting of an amount of electronic money to your Account and the concurrent debiting of a Merchant account or other Member account, in each case less any applicable Fees.
“Website” means the NETELLER.com website, or such other website through which NETELLER may offer the NETELLER Service from time to time.
2. General
2.1 It is a condition of membership that you agree to these Terms of Use, which form a legally binding contract once you become a Member. We may find it necessary to change the Terms of Use from time to time and will notify you of any changes by posting notice of the changes on our Website with a link to the amended Terms of Use. You may review the current Terms of Use prior to initiating any transaction at any time by clicking on the “Terms of Use” page. The Terms of Use will show the most recent revision date. No revision will affect any transaction that is outstanding as of the date of such revision. Use by you of the NETELLER Service indicates your agreement to these Terms of Use. We encourage you to print a copy of the Terms of Use for your future reference.
2.2 The Non-Serviced Countries list, and the NETELLER Complaints Procedure, each as amended from time to time, are incorporated into and form part of these Terms of Use:
3. NETELLER Service
3.1 You acknowledge that (i) NETELLER is not a bank; (ii) Accounts are not insured by any government agency; (iii) NETELLER does not act as a trustee, fiduciary or escrow holder in respect of balances in your Account; and (iv) NETELLER does not pay you interest on any balances in your Account.
3.2 Although you are not required to keep a balance in your Account, if you do have a balance in your Account, funds representing that balance are segregated and pooled with funds representing the balances of other Members in an account held by NETELLER in trust. Any interest earned on the pooled account will be the property of NETELLER.
4. Eligibility
4.1 In order to use the NETELLER Service, you must (i) be at least 18 years of age and of the age of majority, whichever is older, in your country of residence; (ii) open an Account in accordance with the instructions set out in the registration page of our Website; (iii) not be in default of any Terms of Use or otherwise have access limited to your Account, nor have had any previous Account with us terminated by us; and (iv) not be a resident of any country to which NETELLER does not provide the NETELLER Service from time to time as set out in the Non-Serviced Country list referred to in section 2.2 hereof. You may not open more than one Account and we may terminate any or all of the Accounts of a Member who has, or whom we reasonably suspect has, multiple Accounts.
5. Membership
5.1 To become a Member, you must open an Account by completing all requested information. A Member must maintain an active address, phone number and email address to become and remain a Member. You will not provide any false, inaccurate, incomplete or misleading information. You will not provide any name, bank account or credit card that you are not legally authorized to use. You may not permit any other person to use your Account. You will promptly update your Account details on the Website if your name, address, email address, phone number, credit card or bank account information changes. You will not be able to use the NETELLER Service until you have passed our identity and security validation and verification checks.
6. Account Activity
6.1 By opening an Account, you will be able to, subject to payment of any applicable Fees and compliance with these Terms of Use: (i) purchase electronic money to be credited to your Account so that you may make transfers to, and receive transfers from, Merchants or other Members; and (ii) redeem electronic money from your Account.
6.2 Adding to your Account: In order to purchase electronic money to be credited to your Account, you may choose from one or more payment options available to you depending on your country of residence. You must also complete the information requested, including passing all identity and security validation and verification checks. You authorize us to obtain or receive funds on your behalf from your chosen payment source, plus applicable Fees, and then issue electronic money to your Account.
Notwithstanding the foregoing, certain purchase options entitle you to have us fund electronic money to your Account by debiting an account at your financial institution. In the event we are advised of insufficient funds in such account, we may re-present such uncleared payment at your financial institution up to two more times. In addition we may debit the applicable insufficient funds charge and such uncleared payment from your Account, obtain it from your designated financial institution or otherwise collect it from you.
6.3 Transfers: You may make transfers by completing the information on the “Transferring Funds” page of our Website. In some cases you may be able to make transfers from the website of a Merchant. You authorize us to debit from your Account any applicable Fees at the time of any transfer. When making transfers, you may not designate an amount in excess of the balance in your Account at the time the request is made plus the applicable Fees. If you attempt to do so, your transfer request will be denied.
The amount of any transfer received will be credited to your Account balance, less any applicable Fees. If a transfer credited to your Account is reversed by the sender prior to you transferring or redeeming any part of it, the amount of the transfer will be returned to the sender and no Fees will be owing by you.
6.4 Redemption: You may redeem at par all or a portion of the balance of electronic money in your Account (excluding amounts that have not cleared your financial institution) by selecting one of the redemption methods available to you in your country of residence set out in the “Withdrawing Funds” page of our Website. You will be able to redeem any uncleared amounts once they clear. We will process the redemption request immediately provided all identity and security validation and verification checks are successfully completed, which we will conduct as soon as reasonably practicable. Depending on the method of redemption you choose, a Fee may be applicable which will be deducted from the balance in your Account prior to redemption. You may not redeem funds less than the applicable Fee. We will take reasonable steps to ensure that redeemed funds are received by you within five (5) business days of the redemption request. However, we shall not be liable for delays in the redemption of funds where those delays are caused by any third party involved in the redemption.
6.5 You acknowledge that certain of our electronic money purchase, transfer and redemption options require different types of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to submit to such identity and security validation and verification checks if you choose such options. You also acknowledge that certain of our electronic money purchase, transfer and redemption options impose certain minimum and maximum limits and these are indicated when you view the various options on the applicable webpage on our Website. We reserve the right to impose limits on the purchase, transfer and redemption amounts and frequency you may use such options, and to change such limits from time to time without notice.
7. Fees
You are responsible for the payment of all applicable Fees. Fees are indicated on the applicable web page or prior to your completing a transaction. Fees include our NSF reprocessing charges if there are insufficient funds from your payment source. If you are unclear as to any applicable Fee, please contact our Contact Centre prior to completing any transaction. All Fees are due immediately and are subject to change at any time. You are responsible for, and we may deduct from your Account, all costs incurred by us to recover Fees and other amounts that you owe us, including, without limitation, collection fees and legal fees on a solicitor and client basis.
8. Chargeback
8.1 If you purchase electronic money using your credit card or though your bank account and then authorize a payment to a Merchant or other Member of the funds issued to your Account in exchange, you will not charge back, cancel or de-authorize the credit card or bank account charge. Without limiting our rights or remedies, if you do charge back, cancel or de-authorize your credit card or bank account charge in such circumstances, you are responsible for refunding the payment. We may, at our discretion, recover the amount by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.
9. Currency
9.1 When you register your Account, you have the option of choosing from a list of currencies for holding any Account balance. You may only change the currency once by contacting us at currencychange@neteller.com or call our Contact Centre. Your request for a currency change may take up two weeks to process and the exchange rate applied will be the NETELLER Exchange Rate at the time the processing takes place.
10. NETELLER ATM Cards
10.1 Depending on your country of residence, you may be eligible for a NETELLER ATM card which may be used from certain automated teller machines and point of sale machines throughout the world. To be eligible for a NETELLER ATM card, you must pass the identity and security validation and verification checks applicable to your country of residence. The NETELLER ATM card is not a credit card. You must transfer funds from your Account to the NETELLER ATM card before you are able to use your NETELLER ATM card at ATMs. You can transfer funds to your NETELLER ATM card in the “Withdrawal Options” section of our Website. We will not allow instant transfers to your NETELLER ATM card from certain sources, such as by the InstaCash method or by your credit card.
10.2 If your NETELLER ATM card is lost or stolen, you must notify us immediately at netellercard@neteller.com or call our Contact Centre. It is your responsibility to keep your PIN number confidential, and if we determine that your failure to keep your PIN number confidential resulted in funds being stolen from your NETELLER ATM card, we are under no obligation to refund your Account with the amount stolen. Absent such failure, and provided you notify us immediately if your NETELLER ATM card is lost or stolen, we will refund your Account with the amount lost or stolen from your NETELLER ATM card.
10.3 If you want to cancel your NETELLER ATM card or if you have any questions about your NETELLER ATM card transactions, please contact us at netellercard@neteller.com or call our Contact Centre.
10.4 Fees associated with the NETELLER ATM card are set out in the NETELLER ATM card webpage on the Website. Dormant card charges are imposed by the NETELLER ATM card processor and are passed through by NETELLER. NETELLER ATM cards are subject to minimum and maximum transfer levels which can be viewed at the “Withdrawal Options” section of our Website.
11. Reward or Promotional Programs
11.1 From time to time, we may offer reward programs or other promotional programs, such as the NETpoints Reward Program. We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion.
12. Other Member Obligations
12.1 You are prohibited from engaging in any of the following:
(i) using the NETELLER Service to obtain a cash advance from your credit card ( or assisting others in such activity); (ii) using the NETELLER Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection; (iii) sending unsolicited email or similar methods of mass messaging (spam); (iv) harassing or engaging in obscene, rude or abusive behaviour against us or any of our representatives; and (v) tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the NETELLER Service, or attempting to do any of the foregoing.
12.2 It is your responsibility to keep your Account identification, secure identification, password, security questions and answers and other information specific to your Account confidential and in a safe and secure place. This includes ensuring the ongoing security of your log-in details on your personal computer device for accessing the Internet. Should another person gain access to your Account by passing all identification and security validation and verification checks, we are entitled to treat any transaction conducted by that person as valid and are not responsible under any circumstances for any loss or damage you may incur as a result.
12.3 You are fully responsible for any goods or services bought by you that are settled through your use of the NETELLER Service. Any dispute with a Merchant regarding any product or service bought by you through the NETELLER Service is between you and the Merchant and you agree that NETELLER shall not be a party to such dispute.
12.4 You are fully responsible for the instructions you give NETELLER and as a result we may not be able to detect errors in your payment instructions. NETELLER does not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
12.5 You acknowledge and agree that except for Merchant error as confirmed by us, illegal activity involving your Account, or any breach by you of our Terms of Use, all electronic money purchases, transfers or withdrawals into or out of your Account are final and not reversible.
12.6 You acknowledge that your intended recipient of a transfer is not required to accept the transfer. If an intended recipient declines a transfer, your Account will be re-credited with the amount of the transfer and no Fees will be charged.
13. Privacy
13.1 Your acceptance of our Privacy Policy at the time of your enrollment as a Member forms part of these Terms of Use and we would ask you to review the Privacy Policy prior to agreeing to these Terms of Use. Any person who enters the correct account and security information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and personal information, you should not divulge your password or other security information to anyone else. You are solely responsible for safeguarding your password and other security information. You may not use anyone else’s password or security information to gain access to another Account.
13.2 You acknowledge and accept that: (i) when speaking to customer service agents at NETELLER, your call is monitored and/or recorded for quality assurance, training and security protection purposes; and (ii) for fraud and security purposes your records are kept by NETELLER even after your Account is terminated.
14. Limiting Access or Terminating your Account
14.1 At our discretion, we may suspend or limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to send or redeem, transfer or withdraw electronic money from your Account, limiting your payment sources) or terminate your Account, at any time and for any reason, including but not limited to the following: <o></o>
<TABLE class=MsoNormalTable style="mso-cellspacing: 0in; mso-padding-alt: 0in 0in 0in 0in" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="mso-yfti-irow: 0; mso-yfti-lastrow: yes"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 0in; BORDER-TOP: #ece9d8; PADDING-LEFT: 0in; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 37.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" width=50><o> </o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 0in; BORDER-TOP: #ece9d8; PADDING-LEFT: 0in; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent"><TABLE class=MsoNormalTable style="mso-cellspacing: 0in; mso-padding-alt: 7.5pt 7.5pt 7.5pt 7.5pt" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="mso-yfti-irow: 0"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(a) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">breach of any of these Terms of Use; <o></o>
</TD></TR><TR style="mso-yfti-irow: 1"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(b) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">if we have reasonable grounds to believe that your Account has been used in connection with unauthorized or unusual credit card or bank account use, including without limitation, notice of same by your bank or credit card issuer; <o></o>
</TD></TR><TR style="mso-yfti-irow: 2"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(c) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">abuse by you of the reversal or charge back process provided by your bank or credit card company; <o></o>
</TD></TR><TR style="mso-yfti-irow: 3"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(d) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">receipt in your Account of potentially fraudulent funds; <o></o>
</TD></TR><TR style="mso-yfti-irow: 4"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(e) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">refusal to cooperate in an investigation or to provide adequate confirmation of identity or other identity or security information when requested; <o></o>
</TD></TR><TR style="mso-yfti-irow: 5"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(f) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">initiation of transactions that may be considered to be cash advances or assisting in cash advances; <o></o>
</TD></TR><TR style="mso-yfti-irow: 6"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(g) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">we believe your Account has been used or allegedly used in or to facilitate fraudulent or illegal activity; <o></o>
</TD></TR><TR style="mso-yfti-irow: 7"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(h) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">return of a payment for insufficient funds in the bank account; <o></o>
</TD></TR><TR style="mso-yfti-irow: 8"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(i) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud or business risk to us; and <o></o>
</TD></TR><TR style="mso-yfti-irow: 9; mso-yfti-lastrow: yes"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(j) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">to comply with money laundering or terrorist financing investigations conducted by government authorities, agencies or commissions. <o></o>
</TD></TR></TBODY></TABLE><o></o>
</TD></TR></TBODY></TABLE>14.2 If we terminate your Account, we will notify you either by phone or email according to the most recent phone number or email address that you have provided us with in order to send you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the termination).
14.3 If you do not access your Account for a period of two (2) years, it will be terminated. After termination, we will notify you at the last address you provided to try to send you any unrestricted or undisputed funds in redemption of the funds in your Account. If that information is not correct and we are unable to complete the payment to you, the electronic money credited to your Account will be forfeited to NETELLER as of 12 months following the date your Account is terminated.
15. Warranties, Liabilities and Disclaimers
15. NETELLER reserves the right to validate and verify any of the information you provide with third parties at any time.
15.2 Without limiting section 6, NETELLER shall make reasonable efforts to ensure that requests for debits and credits involving bank accounts and cheque issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or your local mail service. We make no representations or warranties as to continuous, uninterrupted or secure access to the NETELLER Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade or maintenance.
15.3 We assume that prior to opening your Account, you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the NETELLER Service and you agree to indemnify NETELLER, its affiliates, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the NETELLER Service in violation of any law or regulation.
15.4 WE MAKE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS TO YOU WITH RESPECT OT THE NETELLER SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE,OR OF MERCHANTABLE QUALITY, OR OF COMPLIANCE WITH ANY DESCRIPTION, ARE HEREBY EXPRESSLY DISCLAIMED.
15.5 Neither NETELLER nor any of its affiliates, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our negligence or willful misconduct; provided that under no circumstances shall NETELLER, its affiliates, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following: <o></o>
<TABLE class=MsoNormalTable style="mso-cellspacing: 0in; mso-padding-alt: 0in 0in 0in 0in" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="mso-yfti-irow: 0; mso-yfti-lastrow: yes"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 0in; BORDER-TOP: #ece9d8; PADDING-LEFT: 0in; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 37.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" width=50><o> </o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 0in; BORDER-TOP: #ece9d8; PADDING-LEFT: 0in; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent"><TABLE class=MsoNormalTable style="mso-cellspacing: 0in; mso-padding-alt: 7.5pt 7.5pt 7.5pt 7.5pt" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="mso-yfti-irow: 0"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(a) <o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">errors made by you or any Merchant or other Member in sending or receiving transfers or withdrawals, such as making a transfer to an unintended person or transferring an incorrect amount; <o></o>
</TD></TR><TR style="mso-yfti-irow: 1"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(b)<o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">use of your Account by another person who passes all identity and security validation and verification checks; <o></o>
</TD></TR><TR style="mso-yfti-irow: 2"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(c)<o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">failure by you to use up to date virus scanning software and firewall protection on the computer or other device you use to access the Internet; <o></o>
</TD></TR><TR style="mso-yfti-irow: 3"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(d)<o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">any fraud or misrepresentation made by a Merchant or Member, even if the Merchant or Member passes all identity and security validation and verification checks; <o></o>
</TD></TR><TR style="mso-yfti-irow: 4"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(e)<o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">errors or omissions in our Website content; <o></o>
</TD></TR><TR style="mso-yfti-irow: 5"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(f)<o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">misuse or inability to use our Website, whether due to reasons within our control or not; <o></o>
</TD></TR><TR style="mso-yfti-irow: 6"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(g)<o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system; <o></o>
</TD></TR><TR style="mso-yfti-irow: 7"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(h)<o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">interception or seizure compelled by law; and <o></o>
</TD></TR><TR style="mso-yfti-irow: 8; mso-yfti-lastrow: yes"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(i)<o></o>
</TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">circumstances beyond our reasonable control. <o></o>
</TD></TR></TBODY></TABLE><o></o>
</TD></TR></TBODY></TABLE>15.6 IN NO EVENT SHALL NETELLER OR ITS AFFILIATES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
15.7 We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the NETELLER Service.
15.8 You agree to indemnify NETELLER, its affiliates, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against NETELLER, its affiliates, subsidiaries, agents or subcontractors relating to your use of the NETELLER Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by NETELLER, its affiliates, subsidiaries, agents or subcontractors as a result of your breach of these Terms of Use.
15.9 NETELLER retains all right, title, and interest in and to all trademarks, trade names, logos, website designs, text, content and graphics, and any use, reproduction, modification, distribution by you is prohibited.
16. Complaints Procedure
16.1 We refer you to the NETELLER complaints procedure referred to in section 2.2 hereof for any complaint or dispute you may have concerning your Account.
16.2 You agree to waive any right you may have to commence or participate in any class action suit or proceeding against NETELLER, its affiliates, subsidiaries, agents and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.
16.3 We encourage you to inspect your Account history online and to print a copy of all transaction data for future reference. If your Account history shows transactions that you did not make or authorize, notify us at once.
17. General
17.1 NETELLER may engage the services of one or more affiliates, subsidiaries, agents or subcontractors in order to fulfill its obligations.
17.2 These Terms of Use shall be governed by the laws of the Isle of <st1:State><st1lace>Man.</st1lace></st1:State> All disputes arising out of or relating to these Terms of Use shall be resolved by the Courts of the <st1lace>Isle of Man</st1lace>, except where <st1lace>Isle of Man</st1lace> legislation requires a specific dispute to be resolved by the courts of another jurisdiction.
17.3 We may send communications and notices to you at the email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these Terms of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given ten (10) business days after the date of mailing.
17.4 These Terms of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Use and the version online at http://www.neteller.com, the online version will prevail.
17.5 Our failure to exercise or enforce any right under these Terms of Use shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
17.6 The rights and remedies available to NETELLER in these Terms of Use are cumulative and are in addition to any other right or remedy available to NETELLER at law or in equity.
17.7 You may not transfer, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use. We reserve the right to assign all or any part of our rights, duties and obligations under this Agreement, including the assignment of contractual position, novation, or any other form of substitution of NETELLER by another party, which assignment you hereby irrevocably and unconditionally consent to.<o></o>
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(2) NETELLER Policies<o></o>
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NETELLER Privacy Policy
A. Introduction
NETELLER Operations Limited ("NETELLER" or "we") is committed to maintaining your privacy, and the accuracy and security of your personal information pursuant to applicable legislation. This Privacy Policy (“Policy”) summarizes the principles and guidelines we follow in collecting, using and disclosing personal information about you and other individuals (“you”) and in responding to requests for information in our custody or control.
Please note that we reserve the right to modify or amend this Policy at any time and for any reason. Please check the NETELLER website, currently at www.neteller.com at any time for the most current version of our Policy. The current effective date of this Policy is <st1:date Year="2006" Day="25" Month="9">September 25, 2006</st1:date>.
Other than as required or permitted by law, we will not change the purposes for which we collect, use or disclose your personal information without (a) giving you notice and (b) obtaining your consent to do so. We will give you such notice by posting any modification, change or amendment on our website or otherwise corresponding with you.
B. Personal Information
In this Policy, ”personal information” or “personally identifiable information” means information or data about an individual who is or can be identified by the information or data, or who can be identified by our using that information or data in connection with other information or data that we may obtain about the same individual.
C. Our Need for Personal Information
We collect, use and disclose personal information in order to provide the services we offer, to operate our business and to comply with applicable law. It is our policy to do so lawfully and fairly and for reasonable purposes. Unless otherwise required by applicable law, NETELLER will collect, use and disclose your personal information only in accordance with this Policy. If you register with us as a Member (as defined in our Terms of Use), we will be entitled to use and disclose your personal information for purposes reasonably related to our contract with you and the services we provide to you or on your behalf or at your request or as set out in this Policy.
D. Notification and Consent
Unless otherwise required or permitted by applicable law, we will first notify you of the purposes for which we collect, use or disclose personal information about you.
It is our policy to require consent from you before collecting, using or disclosing your personal information Consent may be given orally, electronically (for example, by clicking a button) or in writing. There may be situations in which your consent may be implied or inferred from the circumstances, taking into account reasonable expectations of individuals and the sensitivity of the personal information in question.
If you register with us as a Member, we will advise you of this Policy. If you object to any of your personal information being collected, used or disclosed as described in this Policy or as otherwise required or permitted by law, you should not register with us as a Member.
It is our policy to obtain only as much personal information as is required for the purposes identified or as otherwise required or permitted by law.
Once you have provided personal information to us, your continuing to do so and to deal with us with knowledge of this Policy will be considered by us to confirm your ongoing consent to our collection, use and disclosure of your personal information in accordance with this Policy unless and until you advise us otherwise.
E. Third Party Web Sites
Third party web sites are governed by their own privacy statements and not by this Policy. Third party sites may also be subject to the laws of different countries where requirements and obligations to you are different. NETELLER has no control over and is not responsible for the privacy practices or the content of third party web sites, third party referrals or web site links.
Specifically, NETELLER is not responsible for the operations of our registered Merchants (as defined in the Terms of Use), including but not limited to their information practices. Members submitting information to or through third-party websites should review the privacy statement of such sites before providing the operators of those sites with personal information.
F. How and Why We Collect Personal Information
Required Information
To open and maintain an Account (as defined in our Terms of Use), we require that you provide us with the following information (please see the purposes for doing so as set out in Section G, “Our Use and Disclosure of Personal Information” below): <o></o>
IP Address/Computer Information
We may collect the Internet address (IP address) of the computer or device you use to access your NETELLER Account, as well as information about the computer or device you use, such as the CPU identifier or hard disk identifier, in order to analyze trends, administer the site, improve site performance, gather broad demographic or user profile information for aggregate use, and to help detect or prevent fraud, illegal activity or unauthorized transactions.
Information About You From Third Parties
In order to verify with third party verification service providers the personal information provided by you, we disclose your personal information to those providers. In the course of such verification, we may also receive personal information about you from such service providers. For example, if you register a credit card or bank account with NETELLER, we will use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to NETELLER, and that the card has not been reported as lost or stolen.
In order to detect or prevent fraud, illegal activity or in order to assist us in investigating suspected violations of our Terms of Use, we may collect and disclose personal information from and to third parties. We may conduct a credit check or obtain a consumer report on you from a credit bureau or consumer reporting agency for identification verification and collection purposes.
NETELLER, at its sole discretion, reserves the right to suspend or terminate an Account or decline a transaction based on information obtained from third parties.
Web Site Traffic Information
Because of the way that World Wide Web communication standards work, when you arrive at or leave the NETELLER website, our servers automatically receive the Web address of the site that you came from or are going to. We also collect information on which pages of our Web site you visit while you are on the NETELLER site, the type of browser you use and the times you access our Web site. We use this information only to try to understand our Members' preferences and user profiles better and to manage the load on our servers, so as to improve our service and your experience with NETELLER. We may use the services of a third party to collect and analyze click stream or other user data. In such cases, we may then tie the data from such third party to your personal information stored by us internally.
Our Use of "Cookies"
"Cookies" are small files of data that reside on your computer and allow us to recognize you as a NETELLER customer if you return to the NETELLER site using the same computer and browser. We send a "session cookie" to your computer if and when you log in to your Account by entering your e-mail address and password. These cookies allow us to recognize you if you visit multiple pages in our site during the same session, so that you don't need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.
Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies will severely restrict your ability to use the NETELLER site.
Customer Service Correspondence and Phone Calls
If you send us correspondence, including e-mails and faxes, we retain such information in the records of your Account. We will also retain customer service correspondence and other correspondence from NETELLER to you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our Terms of Use. We may, over time, delete these records if permitted by law and will destroy or render them anonymous once there is no legal or business purpose for retaining them.
In addition, your phone calls to and from us will be monitored and/or recorded for quality assurance, training and security protection purposes.
Questionnaires, Surveys and Profile Data
From time to time, we offer optional questionnaires and surveys to our Members for such purposes as collecting demographic information or assessing Members' interests and needs. The use of the information collected will be explained in detail in the survey itself. If we collect personal information from our Members in these questionnaires and surveys, the Members will be given notice of how the information will be used prior to their participation in the survey or questionnaire.
G. Our Use and Disclosure of Personal Information
Internal Uses
We will consider that your consent for us to use your personal information in a particular manner will be and remain in effect on an ongoing basis unless you revoke your consent. We may use your personal information without confirming your continuing consent for purposes including: <o></o>
NETELLER will not sell or rent any of your personal information to third parties.
NETELLER will not share any of your personal information with third parties except in the limited circumstances described below, or as required or permitted by applicable law, or with your express permission. These third parties, where possible, are limited by law or by contract from using personally identifiable information for secondary purposes beyond the purposes for which the information is shared. <o></o>
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We communicate with users on a regular basis via e-mail to provide and assist in requested services, and we also communicate by phone to resolve customer complaints or investigate suspicious transactions. We use your e-mail address to confirm your opening of a NETELLER Account, to send you notice of payments that you send or receive through NETELLER, to send information about important changes to our products and services, and to send notices and other disclosures required by law. Generally, Members cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.
Managing Marketing Communications From Us
We may also use personal information to send you other types of communications that you can control, including marketing communications, surveys, questionnaires, and promotions for products or services of NETELLER, its parent or affiliated companies or their carefully selected business partners, that may be of interest to you. By agreeing to NETELLER’s Terms of Use you will also be indicating your consent to receiving such communications. However, you can choose whether to receive all or none of these communications from us. An explanation of how to do this will be contained within each promotional e-mail that you receive. You can select not to receive these types of communications by accessing your Account on the NETELLER website, choosing the “Options” tab, selecting “mailing list” and selecting the “no” option.
H. Information Security and Protection
NETELLER is committed to handling your personal information with high standards of information security. We restrict access to your personally identifiable information to employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards to guard your nonpublic personal information.
We protect your information from error, loss, and unauthorized access. Our employees who have access to your information are made aware of how to keep it confidential. Each employee must sign an agreement stating that maintaining confidentiality is a condition of employment with NETELLER. All of your personal information is collected, used, and disclosed for business purposes only.
The security of your NETELLER account also relies on your protection of your NETELLER security identification. You may not share your password or Account with anyone. NETELLER will never ask you to send your password to us in an e-mail, though we may ask you to enter this and other personal information on the NETELLER website, which will always have a URL beginning with https://www.NETELLER.com/.
Any e-mail or other communication asking you to provide personal information via email, or linking to a website with a URL that does not begin with https://www.NETELLER.com/ should be treated as unauthorized and suspicious and should be reported to NETELLER immediately. If you do share your password or Account with a third party for any reason, including because the third party has promised to provide you additional services such as account aggregation, the third party will have access to your Account and your personal information, and you will be responsible for actions taken using your password or Account. If you believe someone else has obtained access to your security identification or password, please change it immediately by logging in to your account at www.neteller.com and changing your Options settings, and also contact us right away as described in Section I below.
We retain your personal information for as long as required to provide services to you. Following the end of any relationship we may have with you, your personal information will be retained for as long as is necessary for reasonable business or legal purposes, following which it will be securely destroyed or rendered anonymous. If we or you terminate your Account, we will mark your Account in our database as "Closed," but will keep your Account information in our database. This is necessary in order to investigate potential fraud, for instance by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their Account and opening a new Account. However, if your Account is terminated, your personally identifiable information will not be used or disclosed by us for any further purposes, nor sold or shared with third parties, except as necessary to detect or prevent fraud and assist law enforcement, or as required by law.
I. Updating Your Information
You can review the personal information you provided us and make any desired changes to such information, or to the settings for your Account, at any time by logging in to your Account on the NETELLER web site and changing your preferences in the Options page of your Account.
J. Your Choices
You may refuse to provide personal information to us. You may also withdraw your consent at any time, subject to applicable legal or regulatory restrictions, and reasonable notice. We do require that withdrawal of consent be in writing. However, if you refuse to provide personal information or withdraw your consent to our using or disclosing your personal information, this may severely limit our ability to provide our services to you as we may be unable to process your transactions. If you do withdraw your consent, it is our policy to advise you of the consequences of doing so.
K. Accessing Your Personal Information
You may contact us at any time to pursue your rights to access personal information about you in our custody or control. All such requests must be in writing. To make a request, simply contact us as set out below in Section L. Upon request and subject to applicable law, we will respond in writing with, as applicable in the circumstances, the following information: <o></o>
An individual’s ability to access his or her personal information is not absolute. The law imposes restrictions on our ability to provide you with access. For example, where responding to a request requires providing personal information about another individual, we generally cannot do so without that individual’s consent, which may not be granted. However, we will provide as much information as we can without breaching any other legal requirements or the privacy rights of other individuals. There are also situations, such as the prevention, detection or investigation of crime or breaches of the law, in which our ability to provide information may be restricted. We reserve all our rights under applicable law.
L. Contacting Us
You may contact us if you have any questions or concerns about this Policy, our personal information practices, or the accuracy or completeness of any personal information concerning you in our files, or to update any of your personal information. You can contact us via e-mail at support@neteller.com, or call (888) 258-5859 Monday through Friday between the hours of <st1:time Minute="0" Hour="9">9am</st1:time> and <st1:time Minute="0" Hour="19">7pm EST</st1:time> or via facsimile at (403) 277-6252 Attention: Privacy Compliance.<o></o>
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<o>(1) https://www.neteller.com/termsAndPrivacyChangeNotice/index.jsf</o>
<o>(2) https://www.neteller.com/termsAndPrivacyChangeNotice/index.jsf</o>
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<o></o>
fficeffice" /><o> </o>(1) NETELLER TERMS OF USE
You acknowledge and agree that by checking the “Agree” box on our Website when opening your Account, you agree to abide by the following terms and conditions (“Terms of Use”) concerning your use of the NETELLER Service. If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Contact Centre at (toll free) 1-888-258-5859 (North America), 00-800-7767-6343 (United Kingdom, France, Germany, Netherlands, Spain, Denmark, Italy, Norway, Sweden and Finland) or 001-403-233-9466 (all other countries).
These Terms of Use are effective as of <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com
ffice:smarttags" /><st1:date Year="2006" Day="25" Month="9">September 25, 2006</st1:date>. 1. Definitions
1.1 In these Terms of Use, the following words have the meaning set out beside them:
“Account” means your online stored value account which holds electronic money;
“Fees” means any and all fees and charges levied by NETELLER for your use of the NETELLER Service;
“Member” means any person who meets all eligibility requirements set out in these Terms of Use;
“Merchant” means any commercial or business entity that is validly registered with NETELLER and enabled to receive and send payments to Members;
“NETELLER Service” means the electronic money issuer and transfer service and identity verification service provided by NETELLER;
“NETELLER”, “we”, “our” means NETELLER Operations Limited;
“NETELLER ATM Card” means the automated teller machine card issued by NETELLER for which certain Members may be eligible, as more particularly described in Section 10 hereof;
“NETELLER Exchange Rate” means the exchange rate used by NETELLER on all currency exchange transactions as published on our Website;
“transfer” means, as the context permits, (a) the debiting of an amount of electronic money from your Account and the concurrent crediting of such amount to a Merchant account or other Member account, as designated by you; or (b) the crediting of an amount of electronic money to your Account and the concurrent debiting of a Merchant account or other Member account, in each case less any applicable Fees.
“Website” means the NETELLER.com website, or such other website through which NETELLER may offer the NETELLER Service from time to time.
2. General
2.1 It is a condition of membership that you agree to these Terms of Use, which form a legally binding contract once you become a Member. We may find it necessary to change the Terms of Use from time to time and will notify you of any changes by posting notice of the changes on our Website with a link to the amended Terms of Use. You may review the current Terms of Use prior to initiating any transaction at any time by clicking on the “Terms of Use” page. The Terms of Use will show the most recent revision date. No revision will affect any transaction that is outstanding as of the date of such revision. Use by you of the NETELLER Service indicates your agreement to these Terms of Use. We encourage you to print a copy of the Terms of Use for your future reference.
2.2 The Non-Serviced Countries list, and the NETELLER Complaints Procedure, each as amended from time to time, are incorporated into and form part of these Terms of Use:
3. NETELLER Service
3.1 You acknowledge that (i) NETELLER is not a bank; (ii) Accounts are not insured by any government agency; (iii) NETELLER does not act as a trustee, fiduciary or escrow holder in respect of balances in your Account; and (iv) NETELLER does not pay you interest on any balances in your Account.
3.2 Although you are not required to keep a balance in your Account, if you do have a balance in your Account, funds representing that balance are segregated and pooled with funds representing the balances of other Members in an account held by NETELLER in trust. Any interest earned on the pooled account will be the property of NETELLER.
4. Eligibility
4.1 In order to use the NETELLER Service, you must (i) be at least 18 years of age and of the age of majority, whichever is older, in your country of residence; (ii) open an Account in accordance with the instructions set out in the registration page of our Website; (iii) not be in default of any Terms of Use or otherwise have access limited to your Account, nor have had any previous Account with us terminated by us; and (iv) not be a resident of any country to which NETELLER does not provide the NETELLER Service from time to time as set out in the Non-Serviced Country list referred to in section 2.2 hereof. You may not open more than one Account and we may terminate any or all of the Accounts of a Member who has, or whom we reasonably suspect has, multiple Accounts.
5. Membership
5.1 To become a Member, you must open an Account by completing all requested information. A Member must maintain an active address, phone number and email address to become and remain a Member. You will not provide any false, inaccurate, incomplete or misleading information. You will not provide any name, bank account or credit card that you are not legally authorized to use. You may not permit any other person to use your Account. You will promptly update your Account details on the Website if your name, address, email address, phone number, credit card or bank account information changes. You will not be able to use the NETELLER Service until you have passed our identity and security validation and verification checks.
6. Account Activity
6.1 By opening an Account, you will be able to, subject to payment of any applicable Fees and compliance with these Terms of Use: (i) purchase electronic money to be credited to your Account so that you may make transfers to, and receive transfers from, Merchants or other Members; and (ii) redeem electronic money from your Account.
6.2 Adding to your Account: In order to purchase electronic money to be credited to your Account, you may choose from one or more payment options available to you depending on your country of residence. You must also complete the information requested, including passing all identity and security validation and verification checks. You authorize us to obtain or receive funds on your behalf from your chosen payment source, plus applicable Fees, and then issue electronic money to your Account.
Notwithstanding the foregoing, certain purchase options entitle you to have us fund electronic money to your Account by debiting an account at your financial institution. In the event we are advised of insufficient funds in such account, we may re-present such uncleared payment at your financial institution up to two more times. In addition we may debit the applicable insufficient funds charge and such uncleared payment from your Account, obtain it from your designated financial institution or otherwise collect it from you.
6.3 Transfers: You may make transfers by completing the information on the “Transferring Funds” page of our Website. In some cases you may be able to make transfers from the website of a Merchant. You authorize us to debit from your Account any applicable Fees at the time of any transfer. When making transfers, you may not designate an amount in excess of the balance in your Account at the time the request is made plus the applicable Fees. If you attempt to do so, your transfer request will be denied.
The amount of any transfer received will be credited to your Account balance, less any applicable Fees. If a transfer credited to your Account is reversed by the sender prior to you transferring or redeeming any part of it, the amount of the transfer will be returned to the sender and no Fees will be owing by you.
6.4 Redemption: You may redeem at par all or a portion of the balance of electronic money in your Account (excluding amounts that have not cleared your financial institution) by selecting one of the redemption methods available to you in your country of residence set out in the “Withdrawing Funds” page of our Website. You will be able to redeem any uncleared amounts once they clear. We will process the redemption request immediately provided all identity and security validation and verification checks are successfully completed, which we will conduct as soon as reasonably practicable. Depending on the method of redemption you choose, a Fee may be applicable which will be deducted from the balance in your Account prior to redemption. You may not redeem funds less than the applicable Fee. We will take reasonable steps to ensure that redeemed funds are received by you within five (5) business days of the redemption request. However, we shall not be liable for delays in the redemption of funds where those delays are caused by any third party involved in the redemption.
6.5 You acknowledge that certain of our electronic money purchase, transfer and redemption options require different types of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to submit to such identity and security validation and verification checks if you choose such options. You also acknowledge that certain of our electronic money purchase, transfer and redemption options impose certain minimum and maximum limits and these are indicated when you view the various options on the applicable webpage on our Website. We reserve the right to impose limits on the purchase, transfer and redemption amounts and frequency you may use such options, and to change such limits from time to time without notice.
7. Fees
You are responsible for the payment of all applicable Fees. Fees are indicated on the applicable web page or prior to your completing a transaction. Fees include our NSF reprocessing charges if there are insufficient funds from your payment source. If you are unclear as to any applicable Fee, please contact our Contact Centre prior to completing any transaction. All Fees are due immediately and are subject to change at any time. You are responsible for, and we may deduct from your Account, all costs incurred by us to recover Fees and other amounts that you owe us, including, without limitation, collection fees and legal fees on a solicitor and client basis.
8. Chargeback
8.1 If you purchase electronic money using your credit card or though your bank account and then authorize a payment to a Merchant or other Member of the funds issued to your Account in exchange, you will not charge back, cancel or de-authorize the credit card or bank account charge. Without limiting our rights or remedies, if you do charge back, cancel or de-authorize your credit card or bank account charge in such circumstances, you are responsible for refunding the payment. We may, at our discretion, recover the amount by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.
9. Currency
9.1 When you register your Account, you have the option of choosing from a list of currencies for holding any Account balance. You may only change the currency once by contacting us at currencychange@neteller.com or call our Contact Centre. Your request for a currency change may take up two weeks to process and the exchange rate applied will be the NETELLER Exchange Rate at the time the processing takes place.
10. NETELLER ATM Cards
10.1 Depending on your country of residence, you may be eligible for a NETELLER ATM card which may be used from certain automated teller machines and point of sale machines throughout the world. To be eligible for a NETELLER ATM card, you must pass the identity and security validation and verification checks applicable to your country of residence. The NETELLER ATM card is not a credit card. You must transfer funds from your Account to the NETELLER ATM card before you are able to use your NETELLER ATM card at ATMs. You can transfer funds to your NETELLER ATM card in the “Withdrawal Options” section of our Website. We will not allow instant transfers to your NETELLER ATM card from certain sources, such as by the InstaCash method or by your credit card.
10.2 If your NETELLER ATM card is lost or stolen, you must notify us immediately at netellercard@neteller.com or call our Contact Centre. It is your responsibility to keep your PIN number confidential, and if we determine that your failure to keep your PIN number confidential resulted in funds being stolen from your NETELLER ATM card, we are under no obligation to refund your Account with the amount stolen. Absent such failure, and provided you notify us immediately if your NETELLER ATM card is lost or stolen, we will refund your Account with the amount lost or stolen from your NETELLER ATM card.
10.3 If you want to cancel your NETELLER ATM card or if you have any questions about your NETELLER ATM card transactions, please contact us at netellercard@neteller.com or call our Contact Centre.
10.4 Fees associated with the NETELLER ATM card are set out in the NETELLER ATM card webpage on the Website. Dormant card charges are imposed by the NETELLER ATM card processor and are passed through by NETELLER. NETELLER ATM cards are subject to minimum and maximum transfer levels which can be viewed at the “Withdrawal Options” section of our Website.
11. Reward or Promotional Programs
11.1 From time to time, we may offer reward programs or other promotional programs, such as the NETpoints Reward Program. We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion.
12. Other Member Obligations
12.1 You are prohibited from engaging in any of the following:
(i) using the NETELLER Service to obtain a cash advance from your credit card ( or assisting others in such activity); (ii) using the NETELLER Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection; (iii) sending unsolicited email or similar methods of mass messaging (spam); (iv) harassing or engaging in obscene, rude or abusive behaviour against us or any of our representatives; and (v) tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the NETELLER Service, or attempting to do any of the foregoing.
12.2 It is your responsibility to keep your Account identification, secure identification, password, security questions and answers and other information specific to your Account confidential and in a safe and secure place. This includes ensuring the ongoing security of your log-in details on your personal computer device for accessing the Internet. Should another person gain access to your Account by passing all identification and security validation and verification checks, we are entitled to treat any transaction conducted by that person as valid and are not responsible under any circumstances for any loss or damage you may incur as a result.
12.3 You are fully responsible for any goods or services bought by you that are settled through your use of the NETELLER Service. Any dispute with a Merchant regarding any product or service bought by you through the NETELLER Service is between you and the Merchant and you agree that NETELLER shall not be a party to such dispute.
12.4 You are fully responsible for the instructions you give NETELLER and as a result we may not be able to detect errors in your payment instructions. NETELLER does not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
12.5 You acknowledge and agree that except for Merchant error as confirmed by us, illegal activity involving your Account, or any breach by you of our Terms of Use, all electronic money purchases, transfers or withdrawals into or out of your Account are final and not reversible.
12.6 You acknowledge that your intended recipient of a transfer is not required to accept the transfer. If an intended recipient declines a transfer, your Account will be re-credited with the amount of the transfer and no Fees will be charged.
13. Privacy
13.1 Your acceptance of our Privacy Policy at the time of your enrollment as a Member forms part of these Terms of Use and we would ask you to review the Privacy Policy prior to agreeing to these Terms of Use. Any person who enters the correct account and security information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and personal information, you should not divulge your password or other security information to anyone else. You are solely responsible for safeguarding your password and other security information. You may not use anyone else’s password or security information to gain access to another Account.
13.2 You acknowledge and accept that: (i) when speaking to customer service agents at NETELLER, your call is monitored and/or recorded for quality assurance, training and security protection purposes; and (ii) for fraud and security purposes your records are kept by NETELLER even after your Account is terminated.
14. Limiting Access or Terminating your Account
14.1 At our discretion, we may suspend or limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to send or redeem, transfer or withdraw electronic money from your Account, limiting your payment sources) or terminate your Account, at any time and for any reason, including but not limited to the following: <o
></o><TABLE class=MsoNormalTable style="mso-cellspacing: 0in; mso-padding-alt: 0in 0in 0in 0in" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="mso-yfti-irow: 0; mso-yfti-lastrow: yes"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 0in; BORDER-TOP: #ece9d8; PADDING-LEFT: 0in; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 37.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" width=50><o
> </o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 0in; BORDER-TOP: #ece9d8; PADDING-LEFT: 0in; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent"><TABLE class=MsoNormalTable style="mso-cellspacing: 0in; mso-padding-alt: 7.5pt 7.5pt 7.5pt 7.5pt" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="mso-yfti-irow: 0"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(a) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">breach of any of these Terms of Use; <o
></o></TD></TR><TR style="mso-yfti-irow: 1"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(b) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">if we have reasonable grounds to believe that your Account has been used in connection with unauthorized or unusual credit card or bank account use, including without limitation, notice of same by your bank or credit card issuer; <o
></o></TD></TR><TR style="mso-yfti-irow: 2"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(c) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">abuse by you of the reversal or charge back process provided by your bank or credit card company; <o
></o></TD></TR><TR style="mso-yfti-irow: 3"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(d) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">receipt in your Account of potentially fraudulent funds; <o
></o></TD></TR><TR style="mso-yfti-irow: 4"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(e) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">refusal to cooperate in an investigation or to provide adequate confirmation of identity or other identity or security information when requested; <o
></o></TD></TR><TR style="mso-yfti-irow: 5"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(f) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">initiation of transactions that may be considered to be cash advances or assisting in cash advances; <o
></o></TD></TR><TR style="mso-yfti-irow: 6"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(g) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">we believe your Account has been used or allegedly used in or to facilitate fraudulent or illegal activity; <o
></o></TD></TR><TR style="mso-yfti-irow: 7"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(h) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">return of a payment for insufficient funds in the bank account; <o
></o></TD></TR><TR style="mso-yfti-irow: 8"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(i) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud or business risk to us; and <o
></o></TD></TR><TR style="mso-yfti-irow: 9; mso-yfti-lastrow: yes"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(j) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">to comply with money laundering or terrorist financing investigations conducted by government authorities, agencies or commissions. <o
></o></TD></TR></TBODY></TABLE><o
></o></TD></TR></TBODY></TABLE>14.2 If we terminate your Account, we will notify you either by phone or email according to the most recent phone number or email address that you have provided us with in order to send you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the termination).
14.3 If you do not access your Account for a period of two (2) years, it will be terminated. After termination, we will notify you at the last address you provided to try to send you any unrestricted or undisputed funds in redemption of the funds in your Account. If that information is not correct and we are unable to complete the payment to you, the electronic money credited to your Account will be forfeited to NETELLER as of 12 months following the date your Account is terminated.
15. Warranties, Liabilities and Disclaimers
15. NETELLER reserves the right to validate and verify any of the information you provide with third parties at any time.
15.2 Without limiting section 6, NETELLER shall make reasonable efforts to ensure that requests for debits and credits involving bank accounts and cheque issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or your local mail service. We make no representations or warranties as to continuous, uninterrupted or secure access to the NETELLER Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade or maintenance.
15.3 We assume that prior to opening your Account, you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the NETELLER Service and you agree to indemnify NETELLER, its affiliates, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the NETELLER Service in violation of any law or regulation.
15.4 WE MAKE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS TO YOU WITH RESPECT OT THE NETELLER SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE,OR OF MERCHANTABLE QUALITY, OR OF COMPLIANCE WITH ANY DESCRIPTION, ARE HEREBY EXPRESSLY DISCLAIMED.
15.5 Neither NETELLER nor any of its affiliates, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our negligence or willful misconduct; provided that under no circumstances shall NETELLER, its affiliates, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following: <o
></o><TABLE class=MsoNormalTable style="mso-cellspacing: 0in; mso-padding-alt: 0in 0in 0in 0in" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="mso-yfti-irow: 0; mso-yfti-lastrow: yes"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 0in; BORDER-TOP: #ece9d8; PADDING-LEFT: 0in; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; WIDTH: 37.5pt; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" width=50><o
> </o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 0in; BORDER-TOP: #ece9d8; PADDING-LEFT: 0in; PADDING-BOTTOM: 0in; BORDER-LEFT: #ece9d8; PADDING-TOP: 0in; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent"><TABLE class=MsoNormalTable style="mso-cellspacing: 0in; mso-padding-alt: 7.5pt 7.5pt 7.5pt 7.5pt" cellSpacing=0 cellPadding=0 border=0><TBODY><TR style="mso-yfti-irow: 0"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(a) <o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">errors made by you or any Merchant or other Member in sending or receiving transfers or withdrawals, such as making a transfer to an unintended person or transferring an incorrect amount; <o
></o></TD></TR><TR style="mso-yfti-irow: 1"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(b)<o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">use of your Account by another person who passes all identity and security validation and verification checks; <o
></o></TD></TR><TR style="mso-yfti-irow: 2"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(c)<o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">failure by you to use up to date virus scanning software and firewall protection on the computer or other device you use to access the Internet; <o
></o></TD></TR><TR style="mso-yfti-irow: 3"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(d)<o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">any fraud or misrepresentation made by a Merchant or Member, even if the Merchant or Member passes all identity and security validation and verification checks; <o
></o></TD></TR><TR style="mso-yfti-irow: 4"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(e)<o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">errors or omissions in our Website content; <o
></o></TD></TR><TR style="mso-yfti-irow: 5"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(f)<o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">misuse or inability to use our Website, whether due to reasons within our control or not; <o
></o></TD></TR><TR style="mso-yfti-irow: 6"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(g)<o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system; <o
></o></TD></TR><TR style="mso-yfti-irow: 7"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(h)<o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">interception or seizure compelled by law; and <o
></o></TD></TR><TR style="mso-yfti-irow: 8; mso-yfti-lastrow: yes"><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent" vAlign=top>(i)<o
></o></TD><TD style="BORDER-RIGHT: #ece9d8; PADDING-RIGHT: 7.5pt; BORDER-TOP: #ece9d8; PADDING-LEFT: 7.5pt; PADDING-BOTTOM: 7.5pt; BORDER-LEFT: #ece9d8; PADDING-TOP: 7.5pt; BORDER-BOTTOM: #ece9d8; BACKGROUND-COLOR: transparent">circumstances beyond our reasonable control. <o
></o></TD></TR></TBODY></TABLE><o
></o></TD></TR></TBODY></TABLE>15.6 IN NO EVENT SHALL NETELLER OR ITS AFFILIATES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALIZE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
15.7 We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the NETELLER Service.
15.8 You agree to indemnify NETELLER, its affiliates, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against NETELLER, its affiliates, subsidiaries, agents or subcontractors relating to your use of the NETELLER Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by NETELLER, its affiliates, subsidiaries, agents or subcontractors as a result of your breach of these Terms of Use.
15.9 NETELLER retains all right, title, and interest in and to all trademarks, trade names, logos, website designs, text, content and graphics, and any use, reproduction, modification, distribution by you is prohibited.
16. Complaints Procedure
16.1 We refer you to the NETELLER complaints procedure referred to in section 2.2 hereof for any complaint or dispute you may have concerning your Account.
16.2 You agree to waive any right you may have to commence or participate in any class action suit or proceeding against NETELLER, its affiliates, subsidiaries, agents and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.
16.3 We encourage you to inspect your Account history online and to print a copy of all transaction data for future reference. If your Account history shows transactions that you did not make or authorize, notify us at once.
17. General
17.1 NETELLER may engage the services of one or more affiliates, subsidiaries, agents or subcontractors in order to fulfill its obligations.
17.2 These Terms of Use shall be governed by the laws of the Isle of <st1:State><st1
lace>Man.</st1lace></st1:State> All disputes arising out of or relating to these Terms of Use shall be resolved by the Courts of the <st1lace>Isle of Man</st1lace>, except where <st1lace>Isle of Man</st1lace> legislation requires a specific dispute to be resolved by the courts of another jurisdiction. 17.3 We may send communications and notices to you at the email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these Terms of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given ten (10) business days after the date of mailing.
17.4 These Terms of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Use and the version online at http://www.neteller.com, the online version will prevail.
17.5 Our failure to exercise or enforce any right under these Terms of Use shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
17.6 The rights and remedies available to NETELLER in these Terms of Use are cumulative and are in addition to any other right or remedy available to NETELLER at law or in equity.
17.7 You may not transfer, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use. We reserve the right to assign all or any part of our rights, duties and obligations under this Agreement, including the assignment of contractual position, novation, or any other form of substitution of NETELLER by another party, which assignment you hereby irrevocably and unconditionally consent to.<o
></o><o
> </o><o
> </o>(2) NETELLER Policies<o
></o><o
> </o><o
> </o>NETELLER Privacy Policy
A. Introduction
NETELLER Operations Limited ("NETELLER" or "we") is committed to maintaining your privacy, and the accuracy and security of your personal information pursuant to applicable legislation. This Privacy Policy (“Policy”) summarizes the principles and guidelines we follow in collecting, using and disclosing personal information about you and other individuals (“you”) and in responding to requests for information in our custody or control.
Please note that we reserve the right to modify or amend this Policy at any time and for any reason. Please check the NETELLER website, currently at www.neteller.com at any time for the most current version of our Policy. The current effective date of this Policy is <st1:date Year="2006" Day="25" Month="9">September 25, 2006</st1:date>.
Other than as required or permitted by law, we will not change the purposes for which we collect, use or disclose your personal information without (a) giving you notice and (b) obtaining your consent to do so. We will give you such notice by posting any modification, change or amendment on our website or otherwise corresponding with you.
B. Personal Information
In this Policy, ”personal information” or “personally identifiable information” means information or data about an individual who is or can be identified by the information or data, or who can be identified by our using that information or data in connection with other information or data that we may obtain about the same individual.
C. Our Need for Personal Information
We collect, use and disclose personal information in order to provide the services we offer, to operate our business and to comply with applicable law. It is our policy to do so lawfully and fairly and for reasonable purposes. Unless otherwise required by applicable law, NETELLER will collect, use and disclose your personal information only in accordance with this Policy. If you register with us as a Member (as defined in our Terms of Use), we will be entitled to use and disclose your personal information for purposes reasonably related to our contract with you and the services we provide to you or on your behalf or at your request or as set out in this Policy.
D. Notification and Consent
Unless otherwise required or permitted by applicable law, we will first notify you of the purposes for which we collect, use or disclose personal information about you.
It is our policy to require consent from you before collecting, using or disclosing your personal information Consent may be given orally, electronically (for example, by clicking a button) or in writing. There may be situations in which your consent may be implied or inferred from the circumstances, taking into account reasonable expectations of individuals and the sensitivity of the personal information in question.
If you register with us as a Member, we will advise you of this Policy. If you object to any of your personal information being collected, used or disclosed as described in this Policy or as otherwise required or permitted by law, you should not register with us as a Member.
It is our policy to obtain only as much personal information as is required for the purposes identified or as otherwise required or permitted by law.
Once you have provided personal information to us, your continuing to do so and to deal with us with knowledge of this Policy will be considered by us to confirm your ongoing consent to our collection, use and disclosure of your personal information in accordance with this Policy unless and until you advise us otherwise.
E. Third Party Web Sites
Third party web sites are governed by their own privacy statements and not by this Policy. Third party sites may also be subject to the laws of different countries where requirements and obligations to you are different. NETELLER has no control over and is not responsible for the privacy practices or the content of third party web sites, third party referrals or web site links.
Specifically, NETELLER is not responsible for the operations of our registered Merchants (as defined in the Terms of Use), including but not limited to their information practices. Members submitting information to or through third-party websites should review the privacy statement of such sites before providing the operators of those sites with personal information.
F. How and Why We Collect Personal Information
Required Information
To open and maintain an Account (as defined in our Terms of Use), we require that you provide us with the following information (please see the purposes for doing so as set out in Section G, “Our Use and Disclosure of Personal Information” below): <o
></o>- your name, address and telephone number;
- your birth date and gender; <o></o>
- your e-mail address; <o></o>
- certain government issued identification. <o></o>
IP Address/Computer Information
We may collect the Internet address (IP address) of the computer or device you use to access your NETELLER Account, as well as information about the computer or device you use, such as the CPU identifier or hard disk identifier, in order to analyze trends, administer the site, improve site performance, gather broad demographic or user profile information for aggregate use, and to help detect or prevent fraud, illegal activity or unauthorized transactions.
Information About You From Third Parties
In order to verify with third party verification service providers the personal information provided by you, we disclose your personal information to those providers. In the course of such verification, we may also receive personal information about you from such service providers. For example, if you register a credit card or bank account with NETELLER, we will use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to NETELLER, and that the card has not been reported as lost or stolen.
In order to detect or prevent fraud, illegal activity or in order to assist us in investigating suspected violations of our Terms of Use, we may collect and disclose personal information from and to third parties. We may conduct a credit check or obtain a consumer report on you from a credit bureau or consumer reporting agency for identification verification and collection purposes.
NETELLER, at its sole discretion, reserves the right to suspend or terminate an Account or decline a transaction based on information obtained from third parties.
Web Site Traffic Information
Because of the way that World Wide Web communication standards work, when you arrive at or leave the NETELLER website, our servers automatically receive the Web address of the site that you came from or are going to. We also collect information on which pages of our Web site you visit while you are on the NETELLER site, the type of browser you use and the times you access our Web site. We use this information only to try to understand our Members' preferences and user profiles better and to manage the load on our servers, so as to improve our service and your experience with NETELLER. We may use the services of a third party to collect and analyze click stream or other user data. In such cases, we may then tie the data from such third party to your personal information stored by us internally.
Our Use of "Cookies"
"Cookies" are small files of data that reside on your computer and allow us to recognize you as a NETELLER customer if you return to the NETELLER site using the same computer and browser. We send a "session cookie" to your computer if and when you log in to your Account by entering your e-mail address and password. These cookies allow us to recognize you if you visit multiple pages in our site during the same session, so that you don't need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.
Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies will severely restrict your ability to use the NETELLER site.
Customer Service Correspondence and Phone Calls
If you send us correspondence, including e-mails and faxes, we retain such information in the records of your Account. We will also retain customer service correspondence and other correspondence from NETELLER to you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our Terms of Use. We may, over time, delete these records if permitted by law and will destroy or render them anonymous once there is no legal or business purpose for retaining them.
In addition, your phone calls to and from us will be monitored and/or recorded for quality assurance, training and security protection purposes.
Questionnaires, Surveys and Profile Data
From time to time, we offer optional questionnaires and surveys to our Members for such purposes as collecting demographic information or assessing Members' interests and needs. The use of the information collected will be explained in detail in the survey itself. If we collect personal information from our Members in these questionnaires and surveys, the Members will be given notice of how the information will be used prior to their participation in the survey or questionnaire.
G. Our Use and Disclosure of Personal Information
Internal Uses
We will consider that your consent for us to use your personal information in a particular manner will be and remain in effect on an ongoing basis unless you revoke your consent. We may use your personal information without confirming your continuing consent for purposes including: <o
></o>- To verify and validate your identity and financial information;
- To process your transactions, including using your bank account information to access your bank account to obtain payments owing to us; <o></o>
- To analyze your personal information to assist us in developing and enhancing our services and our website and to conduct market analysis and strategic planning; <o></o>
- To use your personal information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose. For example, if you send us an e-mail with a question or comment, we will use your e-mail address to respond to you. Further, we may store your e-mail and e-mail address and a copy of our response for future reference; <o></o>
- To conduct quality assurance testing and to facilitate training of our employees; <o></o>
- 6. To provide you with ongoing information about the products and services of NETELLER, its parent and affiliated companies and any updates, new offers, changes, enhancements, new features and similar information. <o></o>
NETELLER will not sell or rent any of your personal information to third parties.
NETELLER will not share any of your personal information with third parties except in the limited circumstances described below, or as required or permitted by applicable law, or with your express permission. These third parties, where possible, are limited by law or by contract from using personally identifiable information for secondary purposes beyond the purposes for which the information is shared. <o
></o><o
> </o>- We may share personal information with organizations that help us process the transactions you request, such as payment processing companies or credit card processing companies, or organizations that verify and validate your identification and financial information, or that help protect our Members' transactions from fraud, such as sharing your credit card number with a service that screens for lost and stolen card numbers. We may also share personal information with organizations that provide support for our internal operations, including, without limitation, contact centre support service providers and server and database service providers, so that we may fulfill our obligations to you. Additionally, if you go into a negative balance and owe us money, we may share information with processing companies including collection agencies and consumer reporting agencies and credit bureaus for the purposes of collection of debts owed and general credit reporting purposes. <o></o>
- In order to detect or prevent fraud, illegal activity or in order to assist us in investigating possible instances of fraud, illegal activity or suspected violations of our Terms of Use, we may disclose personal information to third parties where we believe it is reasonable to do so. <o></o>
- We disclose personal information to government agencies, court or law enforcement personnel in response to applicable legislation or regulations, or to any subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. We reserve the right to cooperate with legal authorities having actual or potential jurisdiction over us. <o></o>
- We may disclose personal information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you). <o></o>
- For identity validation and verification purposes, the following information is provided to Merchants with whom you transact: name, Account number, jurisdiction, postal code, e-mail address, and/or IP address. <o></o>
- We may disclose personal information to third party service providers who manage various marketing programs or promotional initiatives on our behalf or who provide us with demographic information. <o></o>
- As with any other business, it is possible that NETELLER in the future could amalgamate or merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to personal information maintained by NETELLER, including customer account information, but would continue to be bound by this Policy unless and until it is amended as described in this Policy. <o></o>
- We share your personal information with our parent and affiliated companies to help coordinate the products and services provided to you and to enforce our Terms of Use. <o></o>
We communicate with users on a regular basis via e-mail to provide and assist in requested services, and we also communicate by phone to resolve customer complaints or investigate suspicious transactions. We use your e-mail address to confirm your opening of a NETELLER Account, to send you notice of payments that you send or receive through NETELLER, to send information about important changes to our products and services, and to send notices and other disclosures required by law. Generally, Members cannot opt out of these communications, but they will be primarily informational in nature rather than promotional.
Managing Marketing Communications From Us
We may also use personal information to send you other types of communications that you can control, including marketing communications, surveys, questionnaires, and promotions for products or services of NETELLER, its parent or affiliated companies or their carefully selected business partners, that may be of interest to you. By agreeing to NETELLER’s Terms of Use you will also be indicating your consent to receiving such communications. However, you can choose whether to receive all or none of these communications from us. An explanation of how to do this will be contained within each promotional e-mail that you receive. You can select not to receive these types of communications by accessing your Account on the NETELLER website, choosing the “Options” tab, selecting “mailing list” and selecting the “no” option.
H. Information Security and Protection
NETELLER is committed to handling your personal information with high standards of information security. We restrict access to your personally identifiable information to employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards to guard your nonpublic personal information.
We protect your information from error, loss, and unauthorized access. Our employees who have access to your information are made aware of how to keep it confidential. Each employee must sign an agreement stating that maintaining confidentiality is a condition of employment with NETELLER. All of your personal information is collected, used, and disclosed for business purposes only.
The security of your NETELLER account also relies on your protection of your NETELLER security identification. You may not share your password or Account with anyone. NETELLER will never ask you to send your password to us in an e-mail, though we may ask you to enter this and other personal information on the NETELLER website, which will always have a URL beginning with https://www.NETELLER.com/.
Any e-mail or other communication asking you to provide personal information via email, or linking to a website with a URL that does not begin with https://www.NETELLER.com/ should be treated as unauthorized and suspicious and should be reported to NETELLER immediately. If you do share your password or Account with a third party for any reason, including because the third party has promised to provide you additional services such as account aggregation, the third party will have access to your Account and your personal information, and you will be responsible for actions taken using your password or Account. If you believe someone else has obtained access to your security identification or password, please change it immediately by logging in to your account at www.neteller.com and changing your Options settings, and also contact us right away as described in Section I below.
We retain your personal information for as long as required to provide services to you. Following the end of any relationship we may have with you, your personal information will be retained for as long as is necessary for reasonable business or legal purposes, following which it will be securely destroyed or rendered anonymous. If we or you terminate your Account, we will mark your Account in our database as "Closed," but will keep your Account information in our database. This is necessary in order to investigate potential fraud, for instance by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their Account and opening a new Account. However, if your Account is terminated, your personally identifiable information will not be used or disclosed by us for any further purposes, nor sold or shared with third parties, except as necessary to detect or prevent fraud and assist law enforcement, or as required by law.
I. Updating Your Information
You can review the personal information you provided us and make any desired changes to such information, or to the settings for your Account, at any time by logging in to your Account on the NETELLER web site and changing your preferences in the Options page of your Account.
J. Your Choices
You may refuse to provide personal information to us. You may also withdraw your consent at any time, subject to applicable legal or regulatory restrictions, and reasonable notice. We do require that withdrawal of consent be in writing. However, if you refuse to provide personal information or withdraw your consent to our using or disclosing your personal information, this may severely limit our ability to provide our services to you as we may be unable to process your transactions. If you do withdraw your consent, it is our policy to advise you of the consequences of doing so.
K. Accessing Your Personal Information
You may contact us at any time to pursue your rights to access personal information about you in our custody or control. All such requests must be in writing. To make a request, simply contact us as set out below in Section L. Upon request and subject to applicable law, we will respond in writing with, as applicable in the circumstances, the following information: <o
></o>- Whether we have personal information about you;
- If so, details of what information we have, the purposes for which it is being processed or used and disclosed, and the recipients or classes of recipients to which such information is or may be disclosed; and <o></o>
- Any information available to us with respect to the source of information where we are able to determine that and where we are legally able to disclose such information to you. <o></o>
An individual’s ability to access his or her personal information is not absolute. The law imposes restrictions on our ability to provide you with access. For example, where responding to a request requires providing personal information about another individual, we generally cannot do so without that individual’s consent, which may not be granted. However, we will provide as much information as we can without breaching any other legal requirements or the privacy rights of other individuals. There are also situations, such as the prevention, detection or investigation of crime or breaches of the law, in which our ability to provide information may be restricted. We reserve all our rights under applicable law.
L. Contacting Us
You may contact us if you have any questions or concerns about this Policy, our personal information practices, or the accuracy or completeness of any personal information concerning you in our files, or to update any of your personal information. You can contact us via e-mail at support@neteller.com, or call (888) 258-5859 Monday through Friday between the hours of <st1:time Minute="0" Hour="9">9am</st1:time> and <st1:time Minute="0" Hour="19">7pm EST</st1:time> or via facsimile at (403) 277-6252 Attention: Privacy Compliance.<o
></o><o
> </o><o
></o> <o
></o> <o
>(1) https://www.neteller.com/termsAndPrivacyChangeNotice/index.jsf</o><o
>(2) https://www.neteller.com/termsAndPrivacyChangeNotice/index.jsf</o><o
></o> <o
></o>
