1.1. This agreement is for the provision of payment services to the Customer (the “Customer”) by Vopium Pay Aps (Adler Jung Aps) (“the Company”), a company incorporated in Denmark under the laws of Denmark, and residing at c/o Vopium A/S Emdrupvej 28A, DK-2100 Copenhagen Ø (registration number 34451648), registered by Finanstilsynet (https://www.finanstilsynet.dk ) as an Authorised Payment Institution.
1.2. This contract will apply on the placement by the Customer of a payment order with the Company, and shall remain in force in accordance with part 10 of this agreement.
1.3. By registering for the Vopium Pay Service in the Vopium Pay Mobile App, the Customer must read, agree and accept all the terms and conditions contained in this agreement.
1.4. This agreement is concluded in English and available only in English.
2. Use of money transmitter service
2.1. The Company agrees to provide a money remittance service (“Services”) to the Customer; namely that the Customer shall be provided with the facility by which they may make a payment to a beneficiary in a country to which the Company provides a payment service, the Customer making payment to the Company in advance of the execution of the payment order by debit/credit card and with the payment being executed by the Company in accordance with its Payment Schedule which is available online.
2.2. The customer acknowledges and agrees that the Company may engage third party partners and providers in order to deliver the services. By using the services, the customer agrees to be bound by any user agreements established by any third party partners and providers that the Company engages with. By accepting and agreeing to the partners' terms and conditions, the customer expressly acknowledge that the Company acts as an agent of the partners and that the Company shall have no liability for the actions or omissions of the third party partner.
2.3. The Customer, on placing their first payment order with the company, is allocated a unique identifier. Each order placed by the Customer is also allocated a unique identifier.
2.4. Consent by the Customer for the execution of a payment order, following the confirmation of receipt of monies due to the Company for said payment order, shall be accepted by confirming the details of the payment order in the Vopium Pay Mobile App.
2.5. The customer is responsible for ensuring that the payment details provided are accurate. The Company will not be liable in any way for any loss suffered by the customer as a result of the transaction being carried out in accordance with the instructions of the customer.
2.6. Consent for a payment transaction is considered irrevocable once given. Revocation shall be at the exclusive discretion of the Company management.
2.7. Where the Customer has made a payment to the Company and the Customer subsequently requests the return of these funds before the Customer has placed a payment order or where the customer has placed a payment order with the Company that is subsequently not fulfilled due to a fault on the part of the Customer and the Customer requests a refund, then the company will refund the principal amount upon the written request of the Sender, minus the transaction fee charged.
2.8. The payment value date of the funds received from the Customer shall be determined as per the Company’s Payment Schedule.
2.9. There is no spending limit on the payment arrangement aside from the obligation of the Customer to fulfil the statutory anti-money laundering requirements of the Company and any anti-fraud measures the Company requires to satisfy itself that a payment request is both genuine and lawful.
2.10. The maximum execution time for a payment order is 24 hours
3. Charges, interest and exchange rates
3.1. The charges payable by the Customer are as follows. Charges only relate to the execution of an individual payment order.
For a payment order the charge for the service is stated at the time of the transaction and provided in the receipt which is made available to the Customer in the Vopium Pay app or by email;
No separate administrative charge is imposed on the Customer in relation to this contract;
No interest charges apply to the payment services of the Company.
3.2. The exchange rate applied to a payment service (where a currency conversion is required in to execute the payment order) shall be as agreed with the Customer at the time the Customer gives consent for the payment order. There is no provision in this agreement for the alteration of an exchange rate once agreed. At the discretion of a manager of the Company a more favourable exchange rate may be passed to the Customer. Details of the exchange rate applied are made available to the Customer in the Vopium Pay app and via email.
4. Communications and notices
4.1. The company is required to provide certain information to the Customer in writing. By accepting this agreement, the Customer agree that the Company can communicate with the Customer electronically either by email, inside the Vopium Pay App or by posting notices on the Company’s website.
4.2. The Company shall communicate information relating to the payment service inside the Vopium Pay App, by email or by SMS. Where contact is made via SMS this message shall indicate the location of the information to be communicated (typically the Company’s website). Details of proposed changes to the customer agreement shall be made available on the Company’s website.
4.3. The customer agreement contract shall be available on the Company’s website at all times.
4.4. Where the Customer requests information relating to their account activity this shall be processed within 5 working days.
4.5. Where the Customer is not physically present, the transaction details shall be confirmed inside the Vopium Pay App, by telephone or email and the terms of this agreement and the transaction details shall be made immediately available by email. A link to the agreement is also available on the Company’s website.
5. Safeguards, corrective measures & Liabilities
5.1. The Customer is responsible for informing the Company of any misappropriation or unauthorised use of the Customer’s registration with the Company under this contract or of any attempt at such misappropriation or unauthorised use.
5.2. The Customer must make every effort to minimise the risk of fraudulent activity use. In practical terms, this means that a Customer should not provide any details to any third parties of deposits made into the Company’s bank accounts. In the event that the Customer believes that such a third party has access to the information and the Customer has a suspicion that such information could be used by the third party to commit a fraudulent payment or has a suspicion or knowledge that such a fraudulent payment has already taken place, the Customer must immediately inform the Company. The customer has no right to redress after 12 months from the data of the transaction.
5.3. Where the Customer claims that a payment has been incorrectly executed or where the Customer claims that the payment was not authorised it is the obligation of the Company to demonstrate that the payment order was authorised. In the event that such authorisation cannot be confirmed the Customer is entitled to a full refund of the amount of the unauthorised payment order.
5.4. Where the Customer has acted fraudulently or where the Customer has failed to follow the terms and conditions of the service offered by the Company, through either gross negligence or intent, the Customer is liable for all losses incurred.
5.5. It is the obligation of the Company to ensure that the amount received by the receiver, net of any bank/agency receiving fees, is that which was agreed with the Customer.
5.6. The Company reserves the right to block any payment order that it deems to be or suspects to be fraudulent or that is considered to be a suspicious transaction.
5.7. Where monies deposited into the bank accounts of the Company by the Customer cannot be identified as belonging to the Customer, the Company reserves the right, as a fraud prevention measure, to conduct its own internal investigation to reasonably satisfy itself that the monies belong to the Customer. The Company endeavours to complete such an investigation within one business day. Where appropriate the Customer may be required to present receipt of deposit before the execution of the payment order.
5.8. The Company shall not be liable for any delays to payments as a result of force majeure or the actions or omissions of third parties.
6. Complaints and Redress
6.1. This contract is made subject to the laws of Denmark.
6.2. All complaints by the Customer should initially be addressed to the Company. The complaint will be handled in accordance with the Company’s internal complaint resolution procedure.
6.3. The Customer has the right to refer any complaint not satisfactorily resolved by the Company to Pengeinstitutankenævnet for out-of-court resolution.
7. Information for Customer on individual money transfers under Customer AGREEMENT
7.1. Before the execution of a payment order provided by the Company to the Customer, or immediately after the execution of a payment order provided by the Company to the Customer where the transaction has been concluded by means of a distance communication, the following information shall be made available to the Customer via the transaction receipt, which shall be communicated to the Customer subject to section 4: Company’s name
Unique identifier enabling the Customer to identify the transaction.
Unique identifier allocated to the customer.
The amount to be credited to the beneficiary of the payment order, and the currency in which the payment is to be made.
Breakdown of charges for the payment order.
Where appropriate, the exchange rate used in the transaction and the amount of the payment order before the exchange rate has been applied.
The credit value date for the beneficiary of the payment order
7.2. Information on all payment orders is available to the Customer for 5 years from the date the payment order was made and shall be provided on request as per section 4 of this contract.
8. HOW WE HANDLE YOUR PERSONAL INFORMATION
8.1.The Company may collect and store the following data regarding the Customers: Name, Date of birth, Address, Phone number, Email address, Copy of identity documents, Copy of proof of address, and Copies of any supporting documentation provided for the purposes of further identification or for establishing the source of funds of a particular transaction. All transaction details, including the details of the beneficiary as disclosed to the company by the Customer.
8.2. The Customer’s data is collected by the Company in order to help us comply with our anti-money laundering and counter terrorist financing obligations.
8.3. All documents and information are stored in an encrypted, digital format for at least 5 years in accordance with the local and EU anti-money laundering obligations of the Company.
8.4. The Company reserves the rights to access various government and private databases so as to verify your information.
8.5. No data concerning the Customer is passed to third parties, unless required for processing payment service, without the consent of the Customer, except where such disclosure is required by law.
8.6. Where a customer chooses to make an online payment using a debit or credit card, the Company does not receive or retain any information pertaining to the card transaction. All card transaction data is processed by a licensed and PCIDSS-compliant payment service provider.
8.7. The Customer may request a copy of all data held by the Company on the Customer. The Company shall provide a copy of requested data to the Customer within 10 working days at no charge to the Customer.
9. License and restrictions
9.1. Subject to the terms of this Agreement, the Company grants the Customer a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable, free of charge license to download, install and use the Vopium Pay Software on the Customer’s phone or computer for the sole purpose of personally using the application(s) provided by the Company. To avoid doubt, the Customer is allowed to use Vopium Pay Software at work, in accordance with the terms of this Agreement.
9.2. The customer will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to this Agreement with the Company or any part thereof.
9.3. The Customer will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of Vopium Pay Software or any part thereof.
9.4. The Company at its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Vopium Pay Software. The customer acknowledges and agrees that the Company has no obligation to make available to the Customer any subsequent versions of the Vopium Pay Software. The Customer also agree that the Customer may have to enter into a renewed version of this Agreement, if the Customer download, install or use a new version of Vopium Pay Software. Furthermore, the Customer acknowledge and agree that the Company at its sole discretion, may modify, discontinue or suspend your use of any version of the Vopium Pay Software, and/or disable any Vopium Pay
9.5. The Company will not accept any liability in relation to the direct or indirect damages caused by: (1) the release and/or the absence of release of new versions of Vopium Pay Software; and (2) the suspension or termination of the license or this Agreement by the Company and/or by the Customer.
9.6. The Customer is not allowed to distribute the Vopium Pay Software under this Agreement.
9.7. The Customer may not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Vopium Pay Service or any part thereof.
10. Changes in and termination of this contract
10.1. Proposed changes to this contract shall be made available online on the Company’s website no later than 2 months before the proposed changes are to be made.
10.2. Where a Customer does not provide a response to such a proposed change the Customer shall be deemed to have accepted the changes to the contract.
10.3. The Customer will not be charged if the proposed changes are not accepted by the Customer and the Customer wishes to terminate the contract.
10.4. Changes to exchange rates and charges will be made in accordance with section 3
10.5. This contract shall remain in effect indefinitely until the termination of the contract by the Customer, the Company, or both. The Company is required to give the Customer a notice period of not less than 2 months when terminating this contract.
10.6. The customer has the right to terminate this contract at any time once any outstanding payment orders have been paid or refunded and any outstanding monies owed by the Customer to the Company have been paid.
© Vopium Pay - Last revised: 22 September 2016