In order to provide our Services (as defined below) through our apps, services, features, software, or website, we need to obtain your express agreement to our Terms of Service (“Terms”). You agree to our Terms by registering, installing, accessing, or using our apps, services, features, software, or website.
- How to read this Agreement
This Agreement contains 29 sections. You may go directly to any section by selecting the appropriate link provided. The headings are for reference only. Some capitalised terms have specific definitions in section 3. Underlined words in this Agreement contain hyperlinks to further information.
- Why you should read this Agreement
2.1 What this Agreement covers. These are the terms and conditions on which we provide our Services to you.
2.2 Why you should read them. Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or require any changes, please contact us to discuss.
2.3 Other additional documents which apply to you. This Agreement refers to the following additional documents, which also apply to your use of our Services:
(c) Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Services.
(d) Our Frequently Asked Questions (“FAQ”) which provides answers to common customer questions.
(e) In order to receive some of our Services, you may be asked to agree to additional terms and conditions (including those referred to in section 29) which we will notify you about at the relevant time.
2.4 Additional documents. For clarity, the additional documents and the parts of this Agreement which incorporate the additional documents are not “framework contracts” for the purpose of the EU Payment Services Directive (EU) 2015/2366 or any implementation of that directive in the EU or EEA (including the UK Payment Services Regulations 2017).
2.5 Future changes to this Agreement. All future changes set out in the customer notice section of our Website at the time you sign-up for our Services are incorporated into this Agreement.
2.6 You accept this Agreement. By visiting our Website and/or using our Services (including downloading and using our App, or via the API, a social media platform or other authorised third party), you confirm that you accept and agree to this Agreement (including the Customer Updates and the additional documents referred to above). If you do not agree, please do not use our Services.
2.7 Where to get a copy of this Agreement. You can always see the most current version of this terms and condition on our Website. If you want a paper copy of this Agreement, please contact customer support.
In this Agreement:
API means the application programming interface provided by Winngie.
App means the mobile application software, the data supplied with the software and the associated media.
Balance means any amounts held in your Winngie Account.
Business Day means a day other than a Saturday, Sunday or a public holiday in Turkey when financial institutions in Istanbul are open for business.
Group Company means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website and API).
Source Currency means the currency which you hold and/or fund your payment order with.
Target Currency means the currency which your recipient will receive.
Exchange rate means the currency which has been arbitrarily received from 3rd parties. It may vary up to 3rd party.
Deal means the agreement between two parties on our platform.
Winngie Account means the account you have opened with us in accordance with the terms of this Agreement.
Website means any webpage, including but not limited to www.winngie.com, where we provide the Services to you.
“Currency Swap Transaction” means a currency transaction carried out in accordance with clause 5 of these Terms of Service;
“Customer Countries” means the countries where IDT is offering the Winngie Account, and Winngie membership is available. A full list of Customer Countries is available here.
“Customer Services” means the contact centre for dealing with queries about your Account, Wallet(s) and Card. Contact details for Customer Services can be found in clause 22 (Contact Us);
“e-money” means the electronic money held in your Wallet;
“Fees and Limits Schedule” means the fees and limits schedule displayed here.
“Global Foreign Exchange Market” means the global, worldwide-decentralized financial market for trading currencies. Financial centers around the world function as anchors of trading between a wide range of different types of buyers and sellers around the clock, with the exception of weekends. The foreign exchange market determines the relative values of different currencies;
“Interbank Mid-market Rate” means the arithmetic average of the bid rate and the ask rate of the Global Foreign Exchange Market for the applicable currency;
“Mastercard®” means the mastercard network and/or payment system through which Card Transactions are processed;
“Rate” means the rate of exchange set by us for a Currency Swap Transaction.
“Swapping Options” means the different Swap Request timescales and fee structures available to Cardholders at the time of making a Swap Request.
“Swap Request” means a Cardholder’s request for a Currency Swap Transaction;
“Wallet” means a designated currency account with IDT to which you can transfer funds for the purpose of accessing e-money and effecting Card Transactions;
“we“, “us” or “our” means Winngie.com
“Website” means the website hosted at www.Winngie.com or such other URL as may be designated from time to time that allows you to access your personal card information. The website provides up-to-date information about your Account, Card Transactions and Currency Swap Transactions and you will need an internet connection to access it; and
“Winngie Membership” means a fully functioning Winngie account which you must have in order for IDT to open an Account for you.
- Winngie App and API
4.1 App subject to this Agreement and the Appstore Rules. We license the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any appstore provider or operator whose sites are located at Apple Store and Google Play. We do not sell the App to you. We remain the owners of the App at all times.
4.2 App updates. From time to time updates to the App may be issued through Apple Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.
4.3 Your right to use the App and the API. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on your device and the API subject to this Agreement. We reserve all other rights.
- Who are we and how to contact us
5.1 Our company information. Winngie Teknoloji Limited is a company incorporated under the laws of Europe. (“Winngie”, “we”, “us”, or “our” as applicable).
5.2 How to contact us. You can contact us by email, web chat or telephone. Our contact details are provided on the contact page of our Website.
- Who can use our Services
6.1 You must be 15 years or over. If you are an individual, you must be 15 years or older to use our Services and by opening a Winngie Account you declare that you are 15 years or older. We may ask you at any time to show proof of your age.
6.2 You must have authority to bind your business. If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
6.3 Your use of the Winngie Account must not violate any applicable laws. You commit to us that your opening and/or using of a Winngie Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
- Your Winngie Account
7.1 About your Winngie Account
(a) Your Winngie Account allows you to match with other people for money exchange/payments/transfers.
(b) The electronic money held on your Winngie Account does not expire other than when your account is closed, see section 19 for more details.
(c) The electronic money held on your Winngie Account will not earn any interest.
(d) You may hold your electronic money in any currencies which we support from time to time.
(e) You may withdraw money from your Winngie Account at any time subject to certain conditions, please see section 16 for more details.
(f) Certain limits may be placed on your Winngie Account depending on your country of residence, verification checks or other legal considerations. Please contact us if you have any questions about these limits.
(g) The electronic money held on your Winngie Account belongs to the person or legal entity which is registered as the Winngie Account holder.
(h) Unless you have our consent in writing, you must not allow anyone to operate your Winngie Account on your behalf.
7.2 Your electronic money in the Winngie Account is issued in accordance with the EU Electronic Money Directive (Directive 2009/110/EC of 16 September 2009) and the UK Electronic Money Regulations 2011.
7.3 UK Financial Services Compensation Scheme DOES NOT apply. Your Winngie Account is an electronic money account and is not a bank account. You acknowledge that the UK’s Financial Services Compensation Scheme does not apply to your Winngie Account. In the event that we become insolvent, you may lose the electronic money held in your Winngie Account. However, we follow the requirements under the EU Electronic Money Directive 2009/110/EC and UK Electronic Money Regulations 2011 which are designed to ensure the safety of funds held in electronic money accounts like your Winngie Account. For further information on how we look after your money, please visit FAQ.
- Getting started
8.1 Open a Winngie Account. To start using our Services, you must open a Winngie Account and provide your details as prompted.
8.2 Information must be accurate. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
8.3 Transacting on your own account. All activities under a Winngie Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
8.4 One account per person or entity. You may only open one Winngie Account unless we have agreed in writing the opening of additional accounts. Winngie may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Winngie may close or merge these duplicate accounts at its sole discretion.
- Getting to know you
9.1 We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Winngie Account with us or in the event of a dispute relating to this Agreement and activity under your Winngie Account.
- Keep your Winngie Account safe
10.1 Keep your Winngie Account safe
(i) What to do. You must:
(a) Change your password regularly and ensure that it isn’t reused across other online accounts.
(b) Contact Customer Support if anyone asks for your Winngie password.
(c) Always follow recommended password management practice, for example: https://support.google.com/accounts/answer/32040?hl=en.
(d) Set up 2-step authentication where prompted (for further instructions please refer to our FAQ).
(e) Keep your e-mail account secure. You may reset your Winngie Account password using your email address. Let Customer Support know immediately if your email address becomes compromised.
(ii) What NOT to do. You must NOT:
(a) Disclose your Winngie Account password or your customer reference number (which starts with the letter W followed by a series of numbers). Keep them safe.
(b) Let anyone access your Winngie Account or watch you accessing it.
(c) Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
(d) Do anything which may in any way avoid or compromise the 2-step authentication process.
10.2 Contact us if you suspect your Winngie Account has been compromised. If you suspect your Winngie Account or other security credentials are stolen, lost, used without your authorization or otherwise compromised, you must contact customer support immediately, you are also advised to change your password. Any undue delays in notifying us may affect the security of your Winngie Account and also result in you being responsible for financial losses.
10.3 Authorising third parties. You may authorise third parties to access your Winngie Account to provide their services to you, including authorising them to initiate payments from your Winngie Account. You acknowledge that if you authorise a third party to access your Winngie Account, we may disclose certain information about your Winngie Account to this third party. We are not responsible for any such third party’s use of your Winngie Account or any information in your Winngie Account. Granting permission to a third party does not relieve you of your responsibilities under this Agreement, including notifying us if your Winngie Account has been compromised or if a transaction is incorrect or unauthorised.
- Uploading money into your Winngie Account
11.1 How to upload money into your Winngie Account. To upload money, you need to log in to your Winngie Account and follow the steps as they appear on screen. We are not responsible for the money you have uploaded until we have received them. For clarity, in an upload transaction, we are the recipient of funds and not the payment services provider.
11.2 Payin Methods. You may be presented with one or more methods of upload for example, bank transfer, credit cards or debit cards (in this Agreement, we will call these methods “Payin Methods”). The number of Payin Methods made available to you will depend on a number of factors including where you live and your verification status with us. Payin Methods are not part of our Services, they are services provided by third parties for example, the card provider which issued you with your credit/debit card. We cannot guarantee the use of any particular Payin Method and may change or stop offering a Payin Method at any time without notice to you.
11.3 Payment instrument must be in your name. Any payment instrument (for example, the credit card or debit card) you use with your chosen Payin Method must be in your name.
11.4 Chargebacks on your payment instrument. If you selected a Payin Method which gives you chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you promise that you will only exercise this chargeback right if:
(a) we have breached this Agreement; or
(b) there was an unauthorised use of your payment instrument.
You promise that you will not exercise your chargeback right for reasons which we are not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct such amount from your Winngie Account.
11.5 Upload limits on your Winngie Account. For legal and security reasons, we impose limits on how much you can upload into your Winngie Account.
11.6 When we will credit your Winngie Account. We will credit your Winngie Account once we have received your money. For some Payin Methods such as credit or debit card, we will credit the money to your Winngie Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to upload does not reach us within a reasonable time, we may deduct such amount from your Winngie Account. If you do not have enough money in your Winngie Account for this purpose, we can demand repayment from you using other methods.
- Sending money
12.1 Setting up your payment order You must set up your payment order from your Winngie Account. Your order may either be:
(a) a “Fixed Source Order” which is a payment order where you indicate that you wish to send and convert a fixed amount of Source Currency to your recipient who will receive the converted amount in the Target Currency; or
(b) a “Fixed Target Order” which is a transfer where you indicate that you wish to send and convert a fixed amount of Target Currency to your recipient from the Source Currency you pay into Winngie.
You can only set up a Fixed Target Order for certain Source Currencies, you can find a list of these Source Currencies on our FAQ.
12.2 Information you need to provide to set up a payment order. To set up a payment order via your Winngie Account, you need to provide certain information to us including (a) the full name of your recipient, (b) your recipient’s bank account details or their Winngie Account details and (c) amount to be transferred.
12.3 Payment order limits. We may place limits on the amount you may send per transfer. For more information on the applicable limits, please visit our FAQ.
12.4 When is your payment order received. If your payment order is received by us after 5pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.
12.5 What happens after you have submitted your payment order. Once we have received your payment order, we will send you a confirmation by email. Each payment order is given a unique transfer number and is shown in the transaction history on your Winngie Account. You should quote this transfer number when communicating with us about a particular payment order.
12.6 You need to provide us with sufficient funds before we can process your payment order. We will only process your payment order if we hold or have received sufficient cleared funds in your Winngie Account. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.
12.7 Verification checks may increase the time for processing your payment order. We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
12.8 Completion time of your payment order. The estimated completion time of your payment order is notified to you when you complete the setup of your payment order. You may also find further information about the completion time in the FAQ section of our Website, please refer to the applicable currencies in your payment order.
12.9 We will use reasonable efforts to ensure funds arrive at your recipient’s account within the notified timeframe. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you or otherwise specified in our FAQ section. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.
12.10 Refusal of your payment order. If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
12.11 You may cancel your payment order before your funds are converted. You may cancel your payment order by following the instructions set out in our FAQ. You cannot cancel your payment order once your funds have been converted into the Target Currency you requested.
12.12 You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
12.13 What happens if you provide us with incorrect information. If you provide incorrect information with your payment order, we will use reasonable efforts to recover the funds for you, and may need to charge you a fee for that.
- Exchange Rates
13.1 The applicable exchange rate. We will let you know the exchange rate:
(a) when you place your payment order, if it is a guaranteed rate payment order; or
(b) when we have received your payment, if it is a non-guaranteed rate payment order.
13.2 Exchange rate
(a) Except as specified in section 13.2(b) below, when we refer to an exchange rate in this Agreement, it means the mid-market exchange rate at the relevant time for the relevant currency pair (for example, GBP to EUR, USD to AUD) as provided by our reference rate provider, Reuters. We may change our reference rate provider from time to time without notice to you.
(b) For some currencies, we cannot use the mid-market exchange rate as we are required to use a different reference rate for the exchange rate for your currency pair. For example, for transfers to Nigeria (NGN), we are required to use the rate set by the Central Bank of Nigeria. For these currencies we will notify you of the reference rate used for the exchange rate when you place your payment order.
13.3 Guaranteed rates. We offer automatic guaranteed rates on certain payment orders based on the table and subject to the conditions here, which may be changed from time to time.
- Receiving money
14.1 You can receive money into your Winngie Account. You can receive money into your Winngie Account using methods which we support from time to time.
14.2 The money received is shown in your Winngie Account. Any money you receive into your Winngie Account will be recorded in the transaction history section of your Winngie Account. You should check the incoming funds in your Winngie Account against your own records regularly and let us know if there are any irregularities.
14.3 The money received may be subject to reversal. You acknowledge that the money received in your Winngie Account (“Received Amount”) may be subject to reversal and you agree that we may deduct the Received Amount from your Winngie Account if it was reversed by the person who paid you the Received Amount or any relevant payment services provider.
14.4 Sending money using an email address. If you send money to a person using an email address which is not registered with us, the money will not be credited until the intended recipient has claimed the money following the steps we have set out for them. Until then, there is no relationship between us and the intended recipient and the money continues to belong to you. We will refund the money to you if the intended recipient does not claim the money or if they have failed our customer checks within a reasonable time period as determined by us.
- Maintaining your Winngie Account
15.1 Transaction history is displayed on your Winngie Account. All your transactions (including your current Balance, money you have uploaded, received, sent and/or withdrawn) are recorded in the transaction history section of your Winngie Account. You may access this information after you log in to your Winngie Account. We have allocated a reference number to each transaction, you should quote this reference number when communicating with us about a particular transaction.
15.2 Check your Winngie Account regularly. You must check your Winngie Account regularly and carefully and contact us immediately if you don’t recognise a transaction or think we have made a payment incorrectly. You must tell us about any unauthorised or incorrectly executed transactions immediately, but no later than 13 months from the transaction; otherwise you may not be entitled to have any errors corrected.
15.3 You accept the risks of holding balances in multiple currencies. You agree and accept all the risks associated with maintaining balances in multiple currencies including any risks associated with fluctuations in the relevant exchange rates over time. You agree that you will not use our Services for speculative trading.
15.4 No negative balance in your Winngie Account. You promise to always have a zero or positive Balance in your Winngie Account. If your Winngie Account goes into a negative balance as a result of a chargeback, reversal of a transaction, deduction of fees or any other action carried by you, you promise to repay the negative balance immediately without any notice from us. We may send you reminders or take such other reasonable actions to recover the negative balance from you, for example, we may use a debt collection service or take further legal actions. We will charge you for any costs we may incur as a result of these additional collection efforts.
15.5 Taxes. You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.
- Withdrawing from your Winngie Account
16.1 You can request to withdraw your money. After you log in to your Winngie Account, you may request all or part of your money held in your Winngie Account to be withdrawn. Press “send money” and follow the steps as prompted on screen. We will charge you a fee for each withdrawal request, we will let you know the exact amount when you submit your request. You can also find out more information about the fees we charge on the Pricing page.
16.2 Payout Methods available to you. You may be presented with one or more methods of withdrawal (in this Agreement, we will call these methods “Payout Methods”). The number of Payout Methods made available to you will depend on a number of factors including where you live and your verification status with us. We cannot guarantee the use of any particular Payout Method and may change or stop offering a Payout Method at any time without notice to you, but we will ensure that you will always have at least one Payout Method available to you.
16.3 Payout Methods are not part of our Services. Payout Methods are not part of our Services, they are services provided by third parties for example the bank where you hold your bank account. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.
16.4 You must provide correct information to us. When setting up your withdrawal request, you must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient as a result of incorrect information provided by you. If you have provided wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee that such efforts will be successful.
16.5 Your withdrawal request is subject to limits. You agree that your Winngie Account is subject to withdrawal limits. If your withdrawal request exceeds the current limit, we may decline your request and require you to provide additional documents to us so that we can carry out additional checks before allowing the money to be withdrawn.
- How much will you pay?
17.1 You must pay our fees. You must pay the fees in connection with the use of our Services. We will not process your transaction until we have received the fees from you.
17.2 You can see our fee structure on the Pricing page. We will let you know the exact amount payable by you when you set up your order. You can see our fee structure on the “Pricing” page. For clarity, the fees applicable to you as set out on the “Pricing” page forms part of this Agreement which may be subject to change as set out in section 26.
17.3 We can make deductions from your Winngie Account. You agree that we are authorised to deduct our fees, any applicable reversal amounts, and/or any amounts you owe us from your Winngie Account. If you don’t have enough money in your Winngie Account to cover these amounts, we may refuse to execute the relevant transaction or provide any Services to you.
- Currency Conversion
18.1 You may convert the money held in one currency in your Winngie Account into other currencies we support from time to time. You can only perform a conversion in respect of funds that you already hold in your Winngie Account. A conversion fee will apply when we perform a currency conversion, for more information, see here.
- Closing your Winngie Account
19.1 You may close your Winngie Account at any time. You may end this Agreement and close your Winngie Account at any time by contacting our Customer Support.
19.2 You should withdraw your money within a reasonable time. At the time of closure, if you still have money in your Winngie Account, you must withdraw your money within a reasonable period of time by following the steps described in section 16. After a reasonable period of time, you will no longer have access to your Winngie Account, but you can still withdraw your money by contacting Customer Support. You have the right to do this for a period of 6 years from the date your Winngie Account is closed.
19.3 You must not close your Winngie Account to avoid an investigation. You must not close your Winngie Account to avoid an investigation. If you attempt to close your Winngie Account during an investigation, we may hold your money until the investigation is fully completed in order to protect our or a third party’s interest.
19.4 You are responsible for your Winngie Account after closure. You agree that you will continue to be responsible for all obligations related to your Winngie Account even after it is closed.
- Intellectual property rights
20.1 While you are using our Services, you may use the Winngie Materials only for your personal use and solely as necessary in relation to those Services.
20.2 “Winngie Materials” include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website. You may not, and may not attempt to, directly or indirectly:
- transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Winngie Materials to any person or entity;
- remove, obscure, or alter any notice of any of our trade marks, or other “intellectual property” appearing on or contained within the Services or on any Winngie Materials;
- modify, copy, tamper with or otherwise create derivative works of any software included in the Winngie Materials; or
- reverse engineer, disassemble, or decompile the Winngie Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Winngie Materials or as part of the Services.
- Our responsibility for loss or damage
21.1 We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process.
21.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
21.3 We are not liable for business losses. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21.4 We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.
21.5 We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
21.6 Our liability to you for unauthorised payments or our mistake. In case of an unauthorised payment or mistake due to our error, we shall at your request immediately refund the payment amount including all fees deducted by us. This shall not apply:
(a) where your Winngie Account, or its personalised security features, are lost, stolen or misappropriated. You will be liable for the first GBP 35 of any unauthorised payments if we believe you should have been aware of the loss, theft or unauthorised use. We will not hold you liable for the first GBP 35 if the unauthorised payment was caused either by our acts or omissions, or those of a third party expressly carrying out activities on our behalf. Your liability for the first GBP 35 also does not apply to any unauthorised transactions made after you have notified us that your Winngie Account may have been compromised (using the details we’ve given you);
(b) if you have acted fraudulently, in which case we will not refund you in any circumstances;
(c) if you do not quickly notify us of security issues on your Winngie Account (e.g. loss of your password), you remain liable for losses incurred up to your notification to us;
(d) if the payment transaction was unauthorised but you have with intent or gross negligence compromised the security of your Winngie Account or failed to comply with your obligations to use your Winngie Account in the manner set out in this Agreement. In such a case you shall be solely liable for all losses; or
(e) if you don’t let us know about the unauthorised or incorrectly completed transaction within 13 months from the date of the payment transaction.
21.7 You are responsible for checking your Winngie Account regularly. We rely on you to regularly check the transactions history of your Winngie Account and to contact Customer Support immediately in case you have any questions or concerns.
21.8 We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
21.9 You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
21.10 What happens if you owe us money. In the event you are liable for any amounts owed to us, we may immediately remove such amounts from your Balance (if available). If there are insufficient funds in your Balance to cover your liability, we reserve the right to collect your debt to us by using any payments received in your Winngie Account and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.
- Accessing our services
22.1 We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.
- Information security
23.1 You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.
23.2 You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.
- Acceptable use of our services
Our Terms and Policies: You must use our Services according to our Terms and Policies. If you violate our Terms or Policies, we may act with respect to your account, including disabling or suspending it. If this occurs, the user must not create another account without our explicit permission.
Legal and Acceptable Use: You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that:
(a) violate, misappropriate, or infringe on the rights of Winngie, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
(c) involve publishing falsehoods, misrepresentations, or misleading statements;
(d) impersonate someone;
(e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialling, and the like; or
(f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm to Winngie Or Our Users: You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, our systems, our users, or others, including that you must not directly or through automated means:
(a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
(b) send, store, or transmit viruses or other harmful computer code through or onto our Services;
(c) gain or attempt to gain unauthorized access to our Services or systems;
(d) interfere with or disrupt the safety, security, or performance of our Services;
(e) create accounts for our Services through unauthorized or automated means;
(f) collect the information of or about our users in any impermissible or unauthorized manner;
(g) sell, resell, rent, or charge for our Services in an unauthorized manner;
(h) distribute or make our Services available over a network where they could be used by
multiple devices at the same time, except as authorized through tools we have expressly
provided via our Services; or
(i) create software or APIs that function substantially the same as our Services and offer them
for use by third parties in an unauthorized manner.
Keeping Your Account Secure: You are responsible for keeping your device and your Winngie account safe and secure, and if your account becomes unsecure you must notify us promptly of any unauthorized use or security breach of your account or of our Services.
24.1 You may link to our Website provided you follow certain rules. You may link to our Website, provided:
(a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
(b) you do not suggest any form of association, approval or endorsement on our part where none exists;
(c) you do not frame our Website on any other site; and
(d) the website complies with our Acceptable Use Policy
We reserve the right to withdraw linking permission without notice.
- When we can end this Agreement or suspend our Services
25.1 We may end this Agreement by giving you two months notice. We may end this Agreement and close your Winngie Account or any service associated with it by giving you two months’ prior notice.
25.2 We may suspend or close your Winngie Account without notice in certain circumstances.We may at any time suspend or close your Winngie Account and/or end this Agreement without notice if:
(a) you breach any provision of this Agreement or documents referred to in this Agreement;
(b) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
(c) we have reason to believe you are in breach of any applicable law or regulation; or
(d) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
25.3 We may suspend your Winngie Account for security reasons. We may suspend your Winngie Account or restrict its functionality if we have reasonable concerns about:
(a) the security of your Winngie Account; or
(b) suspected unauthorised or fraudulent use of your Winngie Account.
25.4 We will give you notice of suspension where possible. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
25.5 You cannot use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
- Our right to make changes
26.1 We may change this Agreement by giving you at least two (2) months’ prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
26.2 In some instances, we may change this Agreement immediately. Despite section 26.1, changes to this Agreement which are (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
- How we may contact you
27.1 We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your Winngie Account profile. You should check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this. If we have reasonable concerns either about the security of your Winngie Account, or any suspected or actual fraudulent use of your Winngie Account, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
27.2 Other ways we may contact you. In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS. Any communications or notices sent by:
- Email will be deemed received by you on the same day if it is received in your email inbox before 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
- Post will be deemed received three days from the date of posting for UK post or within five days of posting for international post.
- SMS will be deemed received the same day.
27.3 Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.
27.4 If you need a copy of the current Agreement or any other relevant document, please contact Customer Support
27.5 This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.
28.1 If you have any complaints about us or our Services, you may contact us following our customer complaint procedure.
- Other important terms
29.1 Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.
29.2 We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement (including the Winngie Account) without our prior written consent. We reserve the right to transfer, assign or novate this Agreement (including the Winngie Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Winngie Account under section 19.
29.3 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
29.4 Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
29.5 This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and Winngie, whether written or oral, relating to its subject matter.
29.6 Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by English law. Any dispute between you and us in connection with your Winngie Account and/or this Agreement may be brought in the courts of England and Wales.