By using this application, you are agree to this policy. You also agree to and are responsible for ensuring that you comply with your own cyber-security.
1.1. These Terms constitute a framework agreement which sets out the terms between you and 3ATex GmbH entering
into business or transaction(s) using any 3ATex services. Before you benefit from any 3ATex services
you are required to:
Use Policy, the Mobile App Terms and any Supplements by this reference. By accepting these Terms, you
are deemed to have accepted the terms and conditions of our third-party service providers including but
not limited to, for the avoidance of doubt, the relevant Cardholder Terms.
1.3. Once you have completed the above and you have passed our internal checks, we shall make the 3ATex
eWallet available to you.
1.4. You confirm that you have provided the correct Information during the process of creating a 3ATex
eWallet Account. You undertake that, if your details change, you will notify us immediately. You shall
bear any losses that occur due to the submission of invalid, incorrect or inaccurate Information.
2.1. These Terms are between you (the “User”, “you” or “your”) and
3ATex GmbH. (“3ATex”, “we”, “us” or “our”). 3ATex is
a company incorporated in Switzerland with company number CHE-258.304.725, whose registered office and
head office is at Hermetschloostrasse 12, 8048 Zurich. 3ATex is the issuer of electronic money in your
3ATex eWallet Account and performs the payment services related to your 3ATex eWallet account. 3ATex
is currently working below the threshold limits requiring regulation under the Swiss Financial Market
Supervisory Authority FINMA, but has applied for the required regulatory guidance and supervision to
be in place once needed.
2.2. Prepaid cards are distributed by 3ATex GmbH on behalf of carefully selected independent card issuers,
who themselves are regulated by the relevant regulatory bodies of their own country. Each card issuers
provides its own Cardholder Terms.
2.3. <information/details re/travel insurance once on offer>
2.4. We are also subject to the Payment Services Regulations 2017 (the Regulations) which regulate how
payments must be transmitted and provide protection when you send money to an account within the European
Economic Area (EEA) and the payment is in Euros, Sterling or another EEA-State currency.
2.5. These Terms are separate and independent from the cardholder terms which govern your use of your prepaid
COMMENCEMENT, TERM AND YOUR 3ATEX ACCOUNT
3.1. These Terms shall commence on the day that 3ATex confirm to you via the Mobile App that your 3ATex
Account has been approved and shall continue until terminated in accordance with Clause 33 (Amendments
to these Terms) and/or Clause 36 (Termination).
3.2. Your 3ATex Electronic Money Account is an account in which Electronic Money, which 3ATex has issued
to you in exchange for receiving money from you or on your behalf, is stored. The Electronic Money in
your 3ATex Electronic Money Account may be used by you to enter into:
3.3. You may be required to provide supplemental information to us to be able to use all of the functionality
3.4. When we hold Electronic Money for you, us holding the funds corresponding to the Electronic Money
is not the same as a Bank holding money for you in that: (a) we cannot and will not use the funds to
invest or lend to other persons or entities; (b) your Electronic Money will not accrue interest; and
(c) your Electronic Money is not covered by the Financial Services Compensation Scheme. The funds corresponding
to Electronic Money will be held in one or more segregated bank accounts separately from our own funds,
in accordance with the provisions of the Electronic Money Regulations 2011.
3.5. You are able to store multiple currencies in your 3ATex Electronic Money Account. These currencies
are subject to change from time to time.
3.6. We may stop your access to the 3ATex eWallet and/or the Card on reasonable grounds relating to:
If we do stop your access in such instances, we will inform you via the Mobile App and direct you to our
customer services team via the chat function on the 3ATex EWallet.
4.1. If you choose to become a Premium User:
You can find more information on fees and the Premium Services in general at
Payment for Premium Services
4.2 Unless you notify us with appropriate notice before the next due date of your Premium Subscription
Fees that you want to cancel your Premium Subscription, we will automatically charge you the then-applicable
periodic Premium Subscription Fees using your preferred payment method.
4.3 If your preferred payment method becomes invalid during your subscription period, or if the charge
is refused for any other reason outside our control, you authorise us to use any other payment method
we have on file in your 3ATex Account, in accordance with clause 17 (Your Balance and Negative Balances).
If all of your payment methods on file are declined or we are unable to exercise our right of set-off
in accordance with Clause 22 (Our Right to Set-Off), you must provide us with a new eligible payment
method within 30 days or your Premium Subscription will be cancelled. Cancellation and refunds
4.4 The Premium Subscription Fees are non-refundable except as expressly set forth in these Terms.
4.5 You may cancel the annual renewal of your Premium Subscription at any time by providing us with one
calendar months’ notice. Upon such notice, you will be required to contact our customer support
team via the chat function on the 3ATex EWallet. If neither you nor anyone authorised by you to use your
account has taken advantage of any Premium Services in the current membership period, we will refund
you the Premium membership fee in full. Otherwise you may be eligible for a partial refund of this membership
fee based on benefits usage by you or anyone authorised by you to use your account in your current membership
4.6 By signing up for a Premium Subscription, you expressly request for the subscription period of the
relevant Premium Services to commence from the moment that your Premium Subscription is confirmed. For
the avoidance of doubt, in the event that we offer a one month free trial promotion in relation to the
Premium Services, the Cooling-off Period will begin immediately from the moment that we make the Premium
Services available to you on the 3ATex EWallet.
4.7 If you cancel the Premium Services anytime outside of your Cooling-Off Period and signed-up to a:
4.8 If you would like to cancel the Premium Services at any time, please contact our customer support team
via the chat function on the 3ATex EWallet and complete a Premium Subscription cancellation form. To
meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise
of the right of withdrawal before the withdrawal period has expired.
4.9 If you paid for your Premium Subscription at the point of subscribing for the Premium Services you
may withdraw within 14 days. If neither you nor anyone authorised by you to use your account has taken
advantage of any Premium Services in the current Premium membership period, we will refund your Premium
membership fee in full. Otherwise, we will issue you a partial refund based on use of the Premium Services
during that time by you or anyone authorised by you to use your account. For the avoidance of doubt,
the order and delivery of a Premium Card will be considered a Premium Service for these purposes.
4.10 To cancel the Premium Services within the Cooling-Off Period, you can adjust your membership settings
by contacting our customer support team via the chat function on the 3ATex EWallet. To meet the withdrawal
deadline, it is sufficient for you to send your communication concerning your exercise of the right of
withdrawal before the withdrawal period has expired.
Acceptance of membership
4.11 We reserve the right to accept or refuse your Premium Subscription, to the extent permitted by applicable
4.12 Upon termination of these Terms, Premium Subscription Fees paid to us for the Premium Services shall
be apportioned up until the time of termination of the contract and any Premium Subscription Fees paid
in advance shall be reimbursed to you proportionally.
THE 3ATEX EWALLET
5.1. The 3ATex EWallet is our portal where you can, among other things:
5.2. You may access the 3ATex eWallet via the Mobile App.
YOUR PREPAID CARD
6.1. If you register as a Standard User, once you have been accepted as a 3ATex Account holder, we shall
allow you to order your prepaid card(s), subject to any issuance charges as set out in Schedule 2 of
6.2. If you are or become a Premium User, you may be issued with your choice of Premium Card, subject to
any issuance charges as set out in the Fees Section. You may request that we issue you with a spare Premium
Card in which case, we may issue you an additional Premium Card, subject to any issuance charges as set
out in the Fees Section.
6.3. Your use of the Card is subject to the isssuer’s Cardholder Terms.
6.4. You may activate and de-activate a Physical Card using the 3ATex Mobile App. Failure to disable the
Physical Card upon becoming aware of it being lost or stolen may mean that you lose your right to any
compensation for an unauthorised 3ATex Transaction.
VERIFICATION OF IDENTITY
7.1. You agree to cooperate with all requests made by us or any of our third party service providers on
our behalf in connection with your 3ATex Account, to identify or authenticate your identity or validate
your funding sources or 3ATex Transactions. This may include, but not limited to, asking you for further
information that will allow 3ATex to reasonably identify you, including requiring you to take steps to
confirm ownership of your phone number or payment instruments or verifying your Information against third
party databases or through other sources.
7.2. We reserve the right to close, suspend, or limit access to your 3ATex Electronic Money Account and/or
the 3ATex Services in the event we are unable to obtain, verify such Information or you do not comply
with our requests under 7.1 of these Terms.
7.3. We may confidentially verify the information you provide us with or obtain information on you ourselves
or through third parties from secure databases. Some of the searches which we or a third party may perform,
such as a credit check, may leave a soft footprint on your credit history. This will not affect your
credit rating. By entering into these Terms, you confirm that you consent to us or a third party on our
behalf carrying out such verifications.
7.4. You must ensure the information on your 3ATex Account is always accurate and up to date. If at any
time we believe that your information is outdated or inaccurate, we may contact you and request further
information or request that you go through the verification process again. Your 3ATex Transaction Limit
will be adjusted accordingly while we verify your identify. We shall not be liable for any losses arising
out of your failure to maintain up to date information.
TOP-UPS TO YOUR 3ATEX ELECTRONIC MONEY ACCOUNT
8.1. In order to Top-Up the Electronic Money in your 3ATex Electronic Money Account, you will need to perform
a Top-Up via a Stored Card, or via a User Bank Transfer or via a Third Party Bank Transfer or any other
method we make available to you from time to time.
8.2. We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk),
impose limits on the amount of money you can receive through the 3ATex Services. In order to lift your
receiving limit, you must provide us with any supplemental information we request. If you have a Top-Up
limit on your 3ATex Electronic Money Account, you may be able to view it by logging onto your 3ATex EWallet
and accessing the Profile section.
Top-Ups via Stored Card
8.3. In order to Top-Up via a Stored Card, you will need to add the details of the Stored Card onto your
3ATex EWallet. You may only add details of your Stored Cards to your 3ATex EWallet if you are the named
holder of Stored Card. The purchase of Electronic Money via Stored Card will be for the amount and the
currency defined by you.
8.4. You have the option of using the automatic Top-Up function. You can set up or cancel this function
at any time using the 3ATex EWallet. The automatic Top-Up function allows you to automatically Top-Up
your 3ATex Electronic Money Account if the balance of your 3ATex Electronic Money Account drops below
a certain amount, which you set on the 3ATex EWallet. The Top-Up will use the Stored Card you choose,
when you enable the automatic Top-Up function. Please make sure that there is enough money for the Top-Up
in the account your Stored Card is linked to.
Top-Ups via User Bank Transfer and Third Party Bank Transfer
8.5. You may also fund your 3ATex Electronic Money Account by entering into a User Bank Transfer or a Third
Party Bank Transfer.
8.6 To perform a User Bank Transfer within the 3ATex EWallet, you will be required to add and verify your
bank account (and subject to the terms of the bank mandate used by your bank to set up and maintain the
authority), you provide us with a continuous authority to perform the User Bank Transfer and automatically
charge your bank account to Top Up your 3ATex Electronic Money Account. Only named holders of the bank
account can add the details to the 3ATex EWallet.
8.7 By performing a User Bank Transfer within the 3ATex EWallet we will hold the Top Up amount on your
Stored Card until your bank has settled the amount.
8.8 If you perform a Top Up via a User Bank Transfer which is activated within the 3ATex EWallet and it
is not completed due to insufficient or uncollected funds, you agree to reimburse us for the value of
the User Bank Transfer. To reclaim the amount owed to us under this Clause 8.8, we may exercise our right
to set-off, pursuant to Clause 22.
8.9 You can, at any time, cancel the bank mandate required to perform a User Bank Transfer within the 3ATex
EWallet and withdraw your authorisation under Clause 8.6, by contacting us via the chat function on the
3ATex EWallet or writing to your bank or building society. If you cancel or withdraw your authorisation
under this Clause 8.9, we reserve the right to recover any outstanding or pending funds, pursuant to
8.10 Upon our receipt of the amount sent via User Bank Transfer (either performed within or outside of
the 3ATex EWallet) or a Third Party Bank Transfer, we will issue the corresponding value of Electronic
Money to your 3ATex Electronic Money Account. The details of the bank account, belonging to 3ATex, to
send the money to will be set out on the 3ATex EWallet. Please take care (or ask the third party making
a Third Party Bank Transfer to take care) to enter the correct bank account details when performing the
User Bank Transfer or Third Party Bank Transfer, to make sure the money reaches us. If we receive your
money in a currency other than the currency you indicated to us when we provided you with the bank account
details, then we will not be liable for any losses that you incur if our bank performs a currency conversion
to change the money received into the currency of our bank account to which the money was sent.
9.1. The following are “3ATex EWallet Transactions”:
9.2. The following are “Card Transactions”
9.3. 3ATex may refuse to enter into a 3ATex Transaction with you at any time and for any reason.
9.4. 3ATex provides virtual receipts for successful 3ATex Transactions, which are accessible on the 3ATex
EWallet. In addition to virtual receipts, merchants should provide you with receipts when you enter into
a Card Purchase. 3ATex will not and is under no obligation to provide you with a physical receipt or
other written confirmation in connection with any 3ATex Transaction.
EXCHANGE ELECTRONIC MONEY
10.1. You can exchange Electronic Money in your 3ATex Electronic Money Account to Electronic Money in another
currency by using the exchange function on the 3ATex EWallet. The currencies of Electronic Money which
you are able to purchase and store in your 3ATex Electronic Money Account are limited to those set out
on the 3ATex EWallet and are subject to change from time to time without us being required to provide
you with notice.
10.2. You will be informed, on the 3ATex EWallet, prior to sending your request to enter into the Electronic
Money Exchange, of:
10.3. In order to submit the request to enter into the Electronic Money Exchange, you will need to confirm
the details which have been entered by hitting the exchange button on the relevant part of the 3ATex
EWallet. By entering into these Terms, you accept sole responsibility for entering into the Electronic
Money Exchange. 3ATex will not be responsible for any losses you incur as a result of you using this
10.4. The request to enter into an Electronic Money Exchange will be accepted when we confirm to you that
the Electronic Money Exchange has been entered into, on the 3ATex EWallet.
10.5. The amount of Electronic Money you can exchange at the interbank rate is limited. Please refer to
the Fees Section for more information on the interbank rate. It is your responsibility to stay informed
of any changes to the limits and fees applied to any exchanges at the interbank rate.
11.1. You are able to send your Electronic Money using the 3ATex EWallet.
11.2. You can make a request to enter into an Instant Transfer by logging onto the 3ATex EWallet and following
the on-screen instructions. You will need to enter the Counterparty’s details requested on the
3ATex EWallet (the ‘unique identifier’) in order to request entry into an Instant Transfer.
It is your responsibility to make sure that the Counterparty’s unique identifier is entered correctly.
Any error may result in the Instant Transfer being unsuccessful or delayed. We shall not be liable for
any losses you incur from entering an incorrect unique identifier.
11.3. If the Counterparty is already a 3ATex User, you will be informed on the 3ATex EWallet, prior to
confirming your request to enter into the Instant Transfer, of:
11.4. In order to submit the request to enter into the Instant Transfer, you will need to confirm the details
which have been entered by hitting the button entitled “Send” on the relevant part of the
3ATex EWallet. Once you have provided confirmation (provided the Counterparty is a 3ATex User), then
at this time we will have been deemed to have received your request to enter into the Instant Transfer.
11.5. If the Counterparty is not a 3ATex User, then the request to enter into an Instant Transfer shall
be pending for 72 hours (excluding weekends and bank holidays in England). The request to enter into
the Instant Transfer will not be deemed as received until the Counterparty is approved as a 3ATex User,
within the 72 hours (excluding weekends and bank holidays in England) that the Instant Transfer is pending.
The Counterparty will receive an SMS with instructions on how to open a 3ATex Account. You authorise
3ATex to send an SMS to the Counterparty on your behalf. If the Counterparty does not sign-up to 3ATex
within 72 hours of the SMS being sent to them, then the pending Instant Transfer will be terminated.
11.6. If the Counterparty is not a 3ATex User then
11.7. Once your Electronic Money has been sent, you will be able to view the completed Instant Transfer
on the 3ATex Transaction History part of the 3ATex EWallet.
3ATEX BANK TRANSFER AND MONETARY EXCHANGE
12.1. You can make a request to enter into a 3ATex Bank Transfer by logging onto the 3ATex EWallet and
following the on-screen instructions. You will need to enter the Counterparty Bank Account details. It
is your responsibility to make sure that the details of the Counterparty and the Counterparty Bank Account
(the ‘unique identifiers’) are entered correctly. Any error in information may result in
the 3ATex Bank Transfer being unsuccessful or delayed. We shall not be liable for any losses you incur
from entering incorrect Counterparty Bank Account details.
12.2. You will be informed on the 3ATex EWallet, prior to confirming your request to enter into the 3ATex
Bank Transfer, of:
12.3. In order to submit the request to enter into the 3ATex Bank Transfer, you will need to confirm the
details which have been entered by hitting the ‘tick’ button on the relevant part of the
12.4. The request to enter into the 3ATex Bank Transfer or a 3ATex Bank Transfer via recurring payments
shall be deemed to be received at the time at which you provide your confirmation except that where the
request to enter into a 3ATex Bank Transfer would otherwise be deemed to be received on a day which is
not a Business Day or is received after 1.00 pm, London time on a Business Day, we have the right to
treat the request to enter into the 3ATex Bank Transfer as having been received on the next Business
12.5. Where the Payment is denominated in:
12.6. If the currency of the Counterparty Bank Account (in accordance with the information provided by
you on the 3ATex EWallet) is different to the currency of the Electronic Money you are using to enter
into the 3ATex Bank Transfer, then as part of the 3ATex Bank Transfer we shall perform a Monetary Exchange
to the appropriate currency prior to sending the money to the Counterparty Bank Account. In this event,
you will be informed of the Exchange Rate for the Monetary Exchange prior to confirming the 3ATex Bank
12.7. You may revoke your request to enter into the 3ATex Bank Transfer at any time prior to the of the
end of the Business Day prior to the date upon which the 3ATex Bank Transfer is due to take place.
12.8. You may revoke your request to enter into a recurring payment via 3ATex Bank Transfer at any time
prior to the of the end of the Business Day prior to the date upon which the 3ATex Bank Transfer recurring
payment is due to take place.
12.9. Once the 3ATex Bank Transfer has been completed, you will be able to view the completed 3ATex Bank
Transfer on the 3ATex Transaction History part of the 3ATex EWallet.
12.10. If, for whatever reason, the funds are not deposited in the Counterparty Bank Account and are returned
to 3ATex, they will be converted into the currency of the Electronic Money they were originally withdrawn
from. Due to the difference in price for purchasing and selling currencies and/or fluctuations in currency
exchange rates, the amount of Electronic Money you receive back into your 3ATex Electronic Money Account
may be more or less than what was originally redeemed to perform the 3ATex Bank Transfer. 3ATex is not
liable for any losses you incur in this respect.
12.11. Some Counterparties accept payment by setting recurring payments to be deducted from your 3ATex
Electronic Money Account on a regular basis. The amount of the recurring payment and the intervals at
which the payments will be deducted is determined by the arrangement between you and the relevant Counterparties
and their terms and conditions will apply. If you wish to amend or cancel your reoccurring payment, you
may only do this by contacting the Counterparties directly.
ATM WITHDRAWAL AND MONETARY EXCHANGE
13.1. You can use your Physical Card to withdraw cash from an ATM. In such an event we will redeem Electronic
Money in your 3ATex Electronic Money Account and you will be provided with the equivalent amount of cash.
You will need to follow the instructions on the ATM machine to perform the ATM Withdrawal. This may involve
entering your Card PIN.
13.2. We do not charge for ATM Withdrawals up to the threshold set out in the Fees Section. If you withdraw
more than the threshold, then each ATM Withdrawal will be subject to the fee set out in the Fees Section.
This threshold is higher for Premium Users than for Standard Users.
13.3. If you choose to withdraw cash in a currency other than the currency for which you hold enough Electronic
Money in your 3ATex Electronic Money Account, then our Exchange Rate will be used.
13.4. If you choose to withdraw cash using the currency conversion offered by the ATM owner, 3ATex has
no liability to you for that currency conversion. You can find more information on this at
. Please note that the ATM provider may, in addition charge its own fee for ATM Withdrawals which we have
no control over or liability for.
PREPAID CARD PURCHASE AND MONETARY EXCHANGE
14.1. You can use your Card to purchase goods and/or services from a merchant either online or at a point
of sale terminal anywhere that accepts the Card. In such an event we will redeem Electronic Money in
your 3ATex Electronic Money Account and the merchant will be sent, less any fees from 3ATex (acting as
Card Issuer), the equivalent amount of money. You will need to follow the instructions on the relevant
website or point of sale machine to perform the Card Purchase. This may involve you entering the details
of Card (the card number, expiry date and CVC number) or your Card PIN.
14.2. If you choose to be charged for your purchase in a currency other than the currency for which you
hold enough Electronic Money in your 3ATex Electronic Money Account, then our Exchange Rate will be used.
14.3. Where a currency conversion is offered to you by the merchant and you choose to authorise the payment
transaction on the basis of the merchant’s exchange rate and charges, 3ATex has no liability to
you for that currency conversion. You can find more information on this at
RECEIVE ELECTRONIC MONEY
15.1. If you receive Electronic Money into your 3ATex Electronic Money Account, we will send a notification
to the 3ATex EWallet and display the payment in your 3ATex Transaction History.
15.2. You can request a payment from another 3ATex User by using the “Request Money” function
or the “Split Bill” function or other functions made available to you from time to time on
the 3ATex EWallet. You should only use this function for amounts owed to you and that are due for payment
in full. This service may not be used as a debt collection or enforcement tool.
16.1. The “Exchange Rate” means the:
depending on the value of the Electronic Money Exchanges and Monetary Exchanges carried out by you in the
given month and whether you are a Standard User or a Premium User, further details of which are set out
in the Fees Section.
16.2. Generally, for major currencies during FX market hours the Standard Exchange Rate will be the interbank
rate. However, in certain circumstances, it is not possible for the Standard Exchange Rate to be the
interbank rate including when the FX market is closed on weekends or on bank holidays or when your Exchange
Rate involves illiquid currencies. It may also not be possible for the Standard Exchange Rate to be the
interbank rate due to other external factors such as volatile market conditions, a system failure of
3ATex or any other external factors. In such instances, the Standard Exchange Rate will be different
from the interbank rate. Please see the Fees Section for more details.
16.3. We will use the Exchange Rates set out in the Fees Section, where we can, however you will be informed
(where possible) of the exact Exchange Rate for each 3ATex Transaction prior to your entry into the same.
It is your responsibility to ensure that you are happy with the Exchange Rate we offer you, prior to
entering into each 3ATex Transaction. In addition, our live exchange rates are available on the 3ATex
YOUR BALANCE AND NEGATIVE BALANCES
17.1. You acknowledge that balances and available funds reported on the 3ATex EWallet are only approximate
real time balances rather than the settled balances in your 3ATex Electronic Money Account. A real time
balance may not take into account pending debits and credits. 3ATex will provide you with information
on pending debits and credits as soon as it has that information.
17.2. If for any reason (including, but not limited to, any technical errors on our behalf or on behalf
of our third-party providers) you have a negative balance in your 3ATex Electronic Money Account, you
agree to immediately Top-Up the required amount to correct the negative balance, such amounts being due
without the need for previous notification. If you fail to do so:
18.1. You must ensure that you take all reasonable steps to:
18.2. The requirement in Clause 18.1 includes, but is not limited to, for the avoidance of doubt:
changing your Mobile PIN regularly;
18.3. All 3ATex Transactions are processed by automated methods, and anyone who obtains access credentials
to the 3ATex EWallet or access to a Card could use it to enter into 3ATex Transactions without your permission.
If you notice misuse, theft or unauthorised use of your Mobile, Card, Mobile PIN or Card PIN or any other
activity that makes you suspicious, you must contact the customer services team and if possible enable
the appropriate security features on the Mobile App. If you suspect identity theft or theft of Electronic
Money, we suggest that you contact your local police as well.
RESTRICTIONS ON THE USE OF 3ATEX SERVICES
19.1. It is not permitted to:
19.2. You must ensure that you only enter into 3ATex Transactions relating to the sale or supply of goods
and services in compliance with all applicable laws and regulations. The fact that a person or entity
accepts payments via a 3ATex Transaction is not an indication of the legality of the supply or provision
of the goods and services.
19.3. We reserve the right to refuse to perform a 3ATex Transaction directly or indirectly associated with
any Restricted Country.
19.4. If 3ATex, in its sole discretion, believes that you may have breached the provision of this Clause,
we may take action to protect ourselves, other Users and third parties. The action we may take includes
but is not limited to:
19.5. Where possible, 3ATex will provide you with the relevant information regarding the actions imposed,
but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected
third party information or interfering in the course of an investigation.
3ATEX TRANSACTION LIMITS
20.1. We reserve the right to impose at our sole discretion 3ATex Transaction Limits, based on criteria
determined by us and that does not have to be disclosed.
20.2. You may be able to view some of these 3ATex Transaction Limits by logging onto the 3ATex EWallet.
3ATex may, from time to time, provide you with procedures or methods to remove or increase such limits.
We reserve the right to remove 3ATex Transaction Limits from the 3ATex EWallet.
SUSPENDING YOUR USE OF THE 3ATEX SERVICES
21.1. We reserve the right to change, suspend or discontinue any aspect of the 3ATex Services at any time,
including hours of operation or availability of the 3ATex Services or any 3ATex Services feature, without
notice and without liability.
OUR RIGHT TO SET-OFF
22.1. On the happening of any event which entitles us to be compensated by you (including, but not limited
to, any technical errors on our behalf or on behalf of our third-party providers), we shall be entitled
to recover any sum due to us by retaining part or all of any sum that you have lodged with us under any
3ATex Transaction or otherwise. You shall have no similar right of set-off. For the avoidance of doubt,
this includes if one of the currency balances in your 3ATex Electronic Money Account shows that you owe
us an amount of funds for any reason or has a negative balance, 3ATex may set-off the amount you owe
us by using funds you maintain in that currency or in a different currency balance or by deducting amounts
you owe us from money you receive into your 3ATex Electronic Money Account, or money you attempt to withdraw
or send from your 3ATex Electronic Money Account, or in a different 3ATex Electronic Money Account which
you control and by deducting funds from any withdrawals you attempt to make.
22.2. On the happening of any event which entitles us to be compensated by you, if for whatever reason
we are unable to exercise our right of set-off pursuant to Clause 22.1, we may initiate a payment transaction
for the amount we are due to be compensated by you from one of your Stored Cards or User Bank Accounts.
22.3. If the amount owed to us is in a currency which is different to the money or Electronic Money you
hold with us, we shall convert the amount you hold with us to the currency of the amount you owe us by
applying our Exchange Rates. We do not need to notify you of this conversion occurring.
22.4 If an Indemnity Claim is raised by you pursuant to the Direct Debit Guarantee Scheme, and the claim
is adjudged by 3ATex to be fraudulent or erroneous, we reserve our right of set-off the claim pursuant
to Clause 22.1. If for whatever reason we are unable to exercise our right of set-off pursuant to Clause
22.1, we may ask you to pay us another way and if you do not do so within 7 Business Days you authorise
us to initiate a payment transaction for the amount we are due to be compensated by you from one of your
Stored Cards or User Bank Accounts.
OUR LIABILITY WITH RESPECT TO INSTANT TRANSFERS, 3ATEX BANK TRANSFERS, ATM WITHDRAWALS AND PREPAID CARD
23.1. You warrant that you are an individual acting solely on your own behalf and are acting for a purpose
other than a trade, business or profession.
23.2. If you believe that an Instant Transfer, 3ATex Bank Transfer, ATM Withdrawal and/or a Card Purchase
has been incorrectly executed or was not authorised by you, you must inform us as soon as possible via
the chat function on the 3ATex EWallet. Failure to notify us immediately on becoming aware or within
the 13 months of the date of the unauthorised or incorrectly executed Instant Transfer, 3ATex Bank Transfer,
ATM Withdrawal or Card Purchase will result in you losing your entitlement to have the matter corrected.
23.3. Where it is established that an Instant Transfer, 3ATex Bank Transfer, ATM Withdrawal and/or a Card
Purchase was not authorised by you, or was incorrectly initiated or executed by us (provided we can prove
such incorrect transaction has taken place) and you have notified us in a timely manner within 13 months
of the date of the unauthorised Instant Transfer, a 3ATex Bank Transfer, an ATM Withdrawal or a Card
Purchase, unless Clause 23.4 applies, we shall refund to you the full amount debited without authorisation.
23.4. You will be liable for:
24.1. Except where you have acted fraudulently, you will not be liable for any losses incurred in respect
of an Instant Transfer, 3ATex Bank Transfer, ATM Withdrawal or a Card Purchase which was not authorised
by you which occurs after you have notified us, without undue delay, on becoming aware of the loss, theft,
misappropriation or unauthorised use of the Card or the Mobile PIN or Card PIN which relates to those
losses. You can notify us via the chat function on the 3ATex EWallet.
24.2. We shall not be liable for non-execution or defective execution in relation to an Instant Transfer
or 3ATex Bank Transfer we have made in accordance with a unique identifier given to us by you which proves
to be incorrect. However, we shall make reasonable efforts to recover funds involved in that transaction
and may charge you for doing so, including passing on to you charges made by intermediary banks and/or
the payee’s bank for their assistance in the tracing process.
24.3. We are not liable to you for the correct execution of an Instant Transfer, a 3ATex Bank Transfer,
an ATM Withdrawal or a Card Purchase, if we can prove to you (and where relevant, to any payee’s
payment services provider) that the payee’s payment services provider received the payment within
the appropriate time period. We will however, upon your request, make efforts to trace any non-executed
or defectively executed payment transactions and notify you of any outcome involving our search.
24.4. Please note any restriction on your liability in relation to an unauthorised or incorrectly executed
payment transactions set out in the Payment Services Regulations 2017 does not apply to losses in relation
to Electronic Money Exchanges or Monetary Exchanges.
24.5. We are liable to you for the correct transmission of a payment order representing a Top-Up via Stored
Card within the relevant time limit. Where we are liable, we will immediately re-transmit the payment
order in question.
24.6. We shall not be liable to you for any:
24.7. You are responsible for all liabilities, financial or otherwise, incurred by 3ATex (acting as Card
Issuer), 3ATex, a 3ATex User, or a third party caused by or arising out of your breach of these Terms,
your use of the 3ATex Services, and any use of your 3ATex Account. You agree to reimburse 3ATex (acting
as Card Issuer), 3ATex, a 3ATex User, or a third party for any and all such liability, to the extent
not prohibited by applicable law.
24.8. You remain liable under these Terms in respect of all charges and other amounts incurred through
the use of your 3ATex Account at any time, irrespective of termination, suspension or closure.
24.9. You alone are responsible for understanding and complying with any and all laws, rules and regulations
of your specific jurisdiction that may be applicable to you in connection with your use of the 3ATex
Services, including but not limited to, those related to export or import activity, taxes or foreign
currency transactions. You are liable to the state and other subjects for fulfilment of all tax obligations
independently. 3ATex shall not be responsible for the execution of tax obligations, or calculation and
transfer of taxes applied you.
24.10. You agree to defend, reimburse or compensate us (known in legal terms to “indemnify”)
and hold 3ATex, our third party providers, our employees or agents who are authorised to act on our behalf
harmless from any claim or demand (including legal fees) made or incurred by any third party due to or
arising out of your breach of these Terms, breach of any law and/or use of the 3ATex Services.
24.11. Nothing in these Terms shall operate to exclude liability for death or personal injury or for fraud
or fraudulent misrepresentation or for any liability that cannot be excluded or amended by law.
24.12. In no event shall 3ATex be liable for loss of profits or any special, incidental or consequential
damages arising out of these Terms or otherwise in connection with the 3ATex Services, howsoever arising.
24.13. We are not liable for:
24.14. To the extent permitted by applicable law, 3ATex is not liable, and you agree not to hold it responsible,
for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits,
or other intangible losses or any special, indirect, or consequential damages) resulting directly or
25.1. You may withdraw funds from your 3ATex Electronic Money Account by entering into a 3ATex Bank Transfer
and choosing a User Bank Account as the Counterparty Bank Account or by entering into an ATM Withdrawal
or by using any other available method on the 3ATex EWallet or otherwise notified to you from time to
25.2. 3ATex is not responsible for the withdrawal payment once the funds are received by your payment service
provider as 3ATex is the payer and not the payment service provider for withdrawals.
CLOSING YOUR ACCOUNT
26.1. Your 3ATex Account will be closed at the end of the term of this agreement in accordance with Clause
3.1 or upon termination of these Terms in accordance with Clause 33.1 (Amendments to these Terms) and
Clause 36 (Termination). You accept that after your 3ATex Account has been closed, 3ATex will store personal
data about you and your 3ATex Transactions for a period of five years.
26.2. If your 3ATex Electronic Money Account holds a balance at the time of its closure, we may ask you
to withdraw your funds within a reasonable period of time, during which your 3ATex Electronic Money Account
will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this
period you will not be able to access your 3ATex Electronic Money Account but you may withdraw any remaining
funds for a period of six years from the date of closure of your 3ATex Account by contacting customer
service and requesting that the funds be sent to you by returning the funds by either a card refund or
bank transfer. When your 3ATex Account is closed, any pending instructions will be cancelled.
26.3. You may not close your 3ATex Account to evade an investigation. If you attempt to close your 3ATex
Account while 3ATex is conducting an investigation, it may freeze the account to protect all parties
to the 3ATex Services, its affiliates, or a third party against any liability. You will remain liable
for any obligations related to your 3ATex Account even after it is closed.
NOTICE AND COMMUNICATIONS
27.1. You agree and consent to electronic receipt of all Communications that we provide in connection with
the 3ATex Services. We will provide Communications to you by making them available on the 3ATex EWallet
or by emailing them to you at the primary email address listed in your 3ATex Account Profile.
27.2. It is your responsibility to ensure that you log onto the 3ATex EWallet regularly and regularly review
the 3ATex EWallet, the Website and your primary email address and open and review communications that
we deliver to you through those means. You are obligated to review your notices and 3ATex Transaction
History, and to promptly report any questions, apparent errors, or unauthorised 3ATex Transactions. Failure
to contact us in a timely manner may result in loss of funds or important rights.
27.3. We may contact you from time to time to notify you of changes or information regarding your 3ATex
Account. It is your responsibility to ensure you regularly check the 3ATex EWallet and that your contact
information stored on your profile in the 3ATex EWallet is up to date. You may contact us in accordance
with these Terms via the chat function on the 3ATex EWallet.
28.1. The processing of your data is governed by these Terms, any applicable Supplements as well as our
28.2. 3ATex reserves the right to transmit the Information or personal data about you as well as activity
in your Account to law enforcement institutions, state authorities and financial institutions, if such
is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant
legislation have not been violated.
28.3. When you use the 3ATex Services we may collect precise location data about a 3ATex Transaction. If
you permit the Mobile App to access location services through the permission system used by your mobile
operating system, we may also collect the precise location of your device when the app is running the
foreground or background. We may also derive your approximate location from your IP address. You may
opt out of providing location data through the Mobile App, unless you opt out of providing location data,
you consent to the collection, use, sharing and onward transfer of location data, as further set forth
28.4. By providing 3ATex with a telephone number (including a mobile telephone number), you agree to receive
autodialled and pre-recorded message calls at that number. The ways in which you provide us a telephone
number include, but are not limited to, providing a telephone number at 3ATex Account opening, adding
a telephone number to your profile on your 3ATex EWallet at a later time, providing it to one of our
employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile
telephone number, you consent to receive SMS or text messages at that number, for service-related matters.
We will not share your phone number with non-affiliated third parties for their purposes without your
consent and we will never market, advertise, or solicit you using autodialling or pre-recorded messages,
but we may share your phone numbers with our affiliates or with other service providers, such as billing
or collections companies, who may contact you using autodialled or pre-recorded message calls or text
28.5. You understand and agree that 3ATex may, without further notice or warning and in our discretion,
monitor or record the telephone conversations you or anyone acting on your behalf has with 3ATex or its
agents for quality control and training purposes or for its own protection. You acknowledge and understand
that, while your communications with 3ATex may be overheard, monitored, or recorded without further notice
or warning, not all telephone lines or calls may be recorded by 3ATex, and 3ATex does not guarantee that
recordings of any particular telephone calls will be retained or retrievable.
28.6. You agree that we can use your Information in connection with your 3ATex Account, to enable us to
review, develop and improve our products and services. This may involve providing your Information to
our partners, affiliates, agents, distributors and suppliers to process 3ATex Transactions and for their
statistical research and analytical purposes. We may also disclose your Information as required by law,
regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised
28.7. You understand and agree that we may collect information about how you and other 3ATex Users interact
with the 3ATex Services. We may access the address book on your device and store names and contact information
to facilitate social interactions through the 3ATex Services and for other purposes. We collect transaction
details related to your use of the 3ATex Services, including the type of service requested, date and
time the service was provided, amount charged and other related transaction details. We may collect information
about your mobile device, including for example, the hardware model, operating system and version, software
and file names and versions, preferred language, unique device identifier, advertising identifiers, serial
number, device motion information and mobile network information. You agree that we may use the information
that we collect to facilitate interactions with the 3ATex Services, including sharing certain non-sensitive
information about you with other 3ATex Users.
29.1. The 3ATex EWallet and the Website and all intellectual property rights contained therein, including
but not limited to any content, are owned or licenced by us. Intellectual property rights means rights
such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual
property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
3ATex’s intellectual property include "3ATex.com," "3ATex", “Beyond Banking”,
“the Global Money App” and all logos related to the 3ATex Services. In addition, all page
headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress
of 3ATex. You may not copy, imitate, or use them without our prior written consent.
29.2. We reserve all of our rights in any intellectual property in connection with these Terms. This means,
for example, that we remain owners of them and free to use them as we see fit.
29.3. Nothing in these Terms grants you any legal rights in the 3ATex EWallet and/or the Website, other
than as necessary to enable you to access the 3ATex EWallet. You agree not to adjust or try to circumvent
or delete any notices contained on the 3ATex EWallet (including any intellectual property notices) and
in particular in any digital rights or other security embedded or contained within the 3ATex EWallet.
30.1. You may request, at any time during the extent of these Terms, a copy of these Terms and any of the
information set out in the Schedule 4 of the Payment Services Regulations 2017.
OVERSEAS EMERGENCY MEDICAL INSURANCE
31.1. If you are a Premium User, you will, if you qualify, benefit from the Overseas Emergency Medical
Insurance, provided by <European Travel Insurance (tbc)> which is subject to the Policy Documentation.
31.2. For more information, please consult the following documents:
Please find T&Cs for Premium Users (link tbc);
CUSTOMER SUPPORT AND COMPLAINTS
32.1. We take all complaints seriously. Any complaints about us or the services we provide should be addressed
to the chat function on the 3ATex EWallet. You should clearly indicate that you are wishing to make a
complaint to us. This helps us to distinguish a complaint from a mere query. Our complaints procedure
(available on our Website) sets out the process for submitting and resolving any complaints. You may
request a copy of our complaints procedure at any time by contacting customer services via the chat function
on the 3ATex EWallet.
32.2. A final response to your complaint, or a letter explaining why the final response has not been completed,
will be sent to you within 15 Business Days of your complaint having being made, and in exceptional circumstances,
within 35 Business Days (and we will let you know if this is the case). Should this not be possible due
to unforeseen circumstances or lack of information, we will contact you.
32.3. If after having received our final response you are still unhappy or not satisfied, you may, if your
complaint falls with the Financial Ombudsman’s Jurisdiction, be able to take your complaint to
the Financial Ombudsman Service (FOS) details of which are available on the following link www.financial-ombudsman.org.uk/faq/complain.html.
You can also call the FOS on 0300 123 9123 or write to: Financial Ombudsman Service, South Quay Plaza,
183 Marsh Wall, London, E14 9SR.
32.4. Any complaints about 3ATex (acting as Card Issuer) should be made directly to 3ATex.
32.5. Any complaints about the Overseas emergency medical insurance should be made to <European Travel
Insurance (tbc)>. Further details of where to make the complaint to are available on the Key Facts
AMENDMENTS TO THESE TERMS
33.1. These Terms may be amended unilaterally by us, by providing you with two months’ notice. These
changes will be deemed to have been accepted by you where you do not, before the proposed date of the
entry into force of the changes, notify us to the contrary. If you do notify us to the contrary, your
notification will be deemed to be a notice that you wish to close your 3ATex Account and terminate these
Terms on the date upon which the changes are to take effect.
33.2. Where an amendment to the Terms is required by law or relates to the addition of a new service, extra
functionality to the existing Service, a reduction in the cost of the Services or any other change which
neither reduces your rights nor increases your responsibilities, the amendment may be made without prior
notice to you and shall be effective immediately.
34.1. The fees we charge for the 3ATex Services are set out in the separate Fees Section to these Terms.
We will provide you with notice of any changes to the Fees Section in accordance with these Terms. It
is your responsibility to stay informed and review these changes once we have provided you notice of
a change to our fees.
34.2. The fees we charge for any other transactional fees are clearly shown on the 3ATex EWallet prior
to you completing an action and accepted by you or a User.
34.3. We shall deduct the fees that you owe us from the GBP currency balance in your 3ATex Electronic Money
Account. If there is not enough GBP balance in your 3ATex Electronic Money Account, we shall deduct the
equivalent fees from a different currency balance(s) using our Exchange Rates. If there is not enough
Electronic Money in your 3ATex Electronic Money Account to pay your fees in any currency, then we shall
take our fee from the Stored Card you supplied when signing up for the 3ATex Services or other Stored
Card belonging to you which has been provided to us. We reserve the right to suspend your access to your
3ATex Services if we are not paid any monies owing to use by you on time.
34.4. Fees for the delivery of replacement Physical Cards shall be charged at the time the request for
Physical Card is made. If your 3ATex Electronic Money Account balance is insufficient to cover the fees
for the delivery of the replacement Physical Card, then we may refuse to issue the replacement Physical
Card. If your Physical Card has been lost, stolen or misappropriated we will only charge you for the
costs associated with replacing your Physical Card and sending it to your applicable jurisdiction.
34.5. ATM Withdrawal fees will be charged at the time the ATM Withdrawal is performed. If your 3ATex Electronic
Money Account balance is insufficient to cover the ATM Withdrawal fees, we may refuse to execute the
ATM Withdrawal. Please be aware that some ATM providers charge additional fees for the use of their ATMs
and some merchants add a surcharge for accepting certain types of cards. You may also be subject to merchant’s
terms and conditions of business when you use the Card and it is your responsibility to review and agree
these before proceeding with a Card Transaction.
35.1. The 3ATex Services are provided on an "as is," "as available" basis and without
any representation or warranty, whether express, implied or statutory. 3ATex, and the officers, directors,
agents, joint venturers, employees and suppliers of 3ATex, make no representation or warranty of any
kind whatsoever for the services or the content, materials, information and functions made accessible
by the 3ATex Services used on or accessed through the 3ATex Services, or for any breach of security associated
with the transmission of sensitive information through the 3ATex Services.
35.2. 3ATex does not warrant that the 3ATex Services will be uninterrupted or error free. 3ATex shall not
be responsible for any service interruptions, including, but not limited to, system failures or other
interruptions that may affect the receipt, processing, acceptance, completion or settlement of 3ATex
Transactions or the 3ATex Services.
35.3. 3ATex does not have any control over the products or services that are paid for using the 3ATex Services.
35.4. 3ATex is not responsible for the quality, performance, or any consequential results of the products
and/or services purchased using the 3ATex Services.
36.1. 3ATex, in its sole discretion, may terminate these Terms at any time, by giving you two months’
notice. The termination of these Terms will not affect any of our rights or your obligations arising
under these Terms.
36.2. You may terminate these terms at any time by providing us with one month’s notice, such notice
to be provided using the chat function on the 3ATex EWallet.
36.3. Without prejudice to any rights that have accrued under these Terms, or any party’s other rights
or remedies, either party may at any time terminate these Terms with immediate effect by giving written
notice to the other party if:
36.4. Without prejudice to any rights that have accrued under these Terms or any of the party’s rights
or remedies, we may at any time terminate these Terms with immediate effect by giving written notice
to you if:
36.5. Other actions we may take. If you have breached the terms of these Terms (including a breach of your
obligation to pay us any amount owing), we are otherwise entitled to terminate these Terms, or we may:
suspend your use of the 3ATex Services (in whole or in part) in which case we will not treat any order
for a 3ATex Transaction that you may wish to make as being received by us; report any 3ATex Transaction
or any other relevant information about you and your use of the 3ATex Services to the relevant regulatory
authority, law enforcement agency and/or government department; and/or if appropriate, seek damages from
36.6. Termination of these Terms requires the closing of your 3ATex Electronic Money Account in accordance
with Clause 26 and the termination of all Cards and the associated Cardholder Terms (as applicable).
3ATex will deal with your remaining balance in accordance with these Terms and the Cardholder Terms (as
36.7. Any terms which by their nature should survive, will survive the termination of these Terms.
THIRD PARTY PROVIDERS
37.1 You can choose to allow a Third Party Provider (TPP) to access information on your 3ATex Account,
to combine and display information about your 3ATex Account with information from accounts you have with
other payment service providers, and, if applicable to your Card, to make payments for you from your
3ATex Account, provided the TPP is authorised by the FCA or another European regulator and you have given
your explicit consent.
37.2 If you do, you must keep us informed of any incorrect or unauthorised transactions that happen so
we can take steps to stop further misuse of your Card and arrange any refund you've been entitled to.
37.3 If you are thinking of using a TPP, it is important you check with the applicable regulator whether
it is authorised before you use it.
37.4 We can refuse or stop access to a TPP if we're concerned it isn’t authorised or if we believe
it's fraudulent or acting fraudulently. If that happens, we'll contact you to explain why unless we believe
that would compromise our security or it would be unlawful.
38.1. In order to use other functions of the 3ATex Services, you may be requested to accept other terms
and conditions, either with 3ATex or with a third party.
38.2. To be eligible to use the 3ATex Services, you must:
38.3. These Terms shall be governed by the laws of England & Wales and any claim or dispute under these
Terms shall be subject to the non-exclusive jurisdiction of the Courts of England & Wales. For the
avoidance of doubt these Terms do not include any alternative dispute resolution procedures as a means
of disputing or issuing any claims in relation to these Terms.
38.4. These Terms do not intend to confer any benefit on any third party and no third party shall have
the right to enforce these Terms or any 3ATex Transactions under the Contract (Rights of Third Parties)
Act 1999 or otherwise.
38.5. The Electronic Money in your 3ATex Electronic Money Account belongs to the person or legal entity
which is registered as the 3ATex Account holder. We recognise only the rights of the holder of the 3ATex
Account. You cannot assign or transfer legal ownership of the 3ATex Electronic Money Account to anyone.
38.6. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive,
and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
We are not responsible for determining whether taxes apply to your 3ATex Transactions, or for collecting,
reporting or remitting any taxes arising from any 3ATex Transactions. In certain circumstances, such
as if you are a legal resident of the Republic of Ireland and you conduct an ATM Withdrawal in the Republic
of Ireland, 3ATex may collect from you the appropriate stamp duty up to the legal maximum as required
by the Irish Revenue Commissioners. You hereby agree to comply with any and all applicable tax laws in
connection with your use of the 3ATex Services, including without limitation, the reporting and payment
of any taxes arising in connection with 3ATex Transactions made through the 3ATex Services.
38.7. If we fail to enforce any of our rights under the Terms, or applicable laws, it shall not be deemed
to constitute a waiver of such right.
38.8. You may not transfer or assign or sell any rights or obligations you have under these Terms or otherwise
grant any third party a legal or equitable interest over your 3ATex Electronic Money Account without
3ATex’s prior written consent. 3ATex reserves the right to transfer or assign these Terms or any
right or obligation under these Terms at any time.
38.9. We may comply with any subpoena, levy, or other legal process which we believe to be valid. We may
notify you of such process electronically, by phone, or in writing.
38.10. 3ATex (acting as Card Issuer or otherwise) has the right to change any of its third-party service
providers, including without limitation the Card Processor, with or without notice.
38.11. 3ATex reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove
any provider content, in whole or in part, that in its sole and absolute discretion is objectionable,
erroneous, illegal, fraudulent or otherwise in violation of these Terms.
38.12. Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
38.13. We do not provide advice and contract on an execution only basis. We may provide information to
you from time to time, for example via the 3ATex EWallet or the Website, but we will not and do not provide
advice to you either upon the merits of a proposed Transaction or upon any other matter. Before entering
into any 3ATex Transaction you must make your and their own independent assessment as to whether it is
appropriate to enter into a 3ATex Transaction based upon your own judgment and upon such advice from
such advisers as you consider necessary. It is an express term of every 3ATex Transaction which you enter
into with us that you are not relying upon any communication (written or oral) made by us as constituting
advice about or a recommendation to enter into such 3ATex Transaction. Foreign currency exchange rates
are subject to fluctuations outside our control. Past movements or trends in the movement of foreign
currency exchange rates should not be taken as an indicator of future movements in such exchange rates.
38.14. Clause, Schedule and paragraph headings shall not affect the interpretation of these Terms.
38.15. A person includes a natural person, corporate or unincorporated body (whether or not having separate
38.16. The Schedules form part of these Terms and shall have effect as if set out in full in the body of
this agreement. Any reference to this agreement includes the Schedules.
38.17. A reference to a company shall include any company, corporation or other body corporate, wherever
and however incorporated or established.
38.18. Unless the context otherwise requires, words in the singular shall include the plural and in the
plural shall include the singular.
38.19. Unless the context otherwise requires, a reference to one gender shall include a reference to the
38.20. These Terms shall be binding on, and enure to the benefit of, the parties to these Terms and their
respective personal representatives, successors and permitted assigns, and references to any party shall
include that party’s personal representatives, successors and permitted assigns.
38.21. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted
from time to time.
38.22. A reference to writing or written includes email and the chat function on the 3ATex EWallet.
38.23. Any obligation on a party not to do something includes an obligation not to allow that thing to
38.24. These Terms shall be concluded and interpreted in the English language. If these Terms are translated
into another language, it is for reference purposes only. All communications between the parties shall
be in the English language.
38.25. Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal
document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction
other than England, be deemed to include a reference to that which most nearly approximates to the English
legal term in that jurisdiction.
38.26. A reference to these Terms or to any other agreement or document referred to in these Terms is a
reference to these Terms or such other agreement or document as varied or novated (in each case, other
than in breach of the provisions of these Terms) from time to time. 37.27. References to Clauses and
Schedules are to the Clauses and Schedules of these Terms and references to paragraphs are to paragraphs
of the relevant Schedule.
38.28. Any words following the terms including, include, in particular, for example or any similar expression
shall be construed as illustrative and shall not limit the sense of the words, description, definition,
phrase or term preceding those terms.
38.29. Supplements to these Terms are an integral part of these Terms, under which you and 3ATex agree
on usage of specific services as defined in the Supplements.
38.30. The definitions set out Schedule 1 apply to these Terms.
Schedule 1 — Definitions
“ATM Withdrawal” has the meaning set out in Clause 9.2(a).
“Business Day” - means a day, other than a public holiday in England, when banks in London are open
"Card Issuer" means 3ATex GmbH which is licensed by a card scheme to issue Cards and manage the
associated funds across the MasterCard and/or Visa networks.
“Card PIN” means personal identification number, which is associated with your Card and allows you
to enter into Card Transactions.
"Card Processor" means a third-party payment network card (e.g, Global Processing Services) processor.
"Communications" means information provided relating to your 3ATex Account or any 3ATex Transaction,
including: any agreements and policies you agree to, (e.g., these Terms) including updates to these agreements or policies; disclosures and notices, including prospectuses and reports for transaction receipts or
confirmations; 3ATex Account statements and history; and payments authorizations and transaction receipts
or confirmations; documents; and any other information related to your 3ATex Account or the 3ATex Services.
“Cooling-Off Period” means your fourteen (14) days statutory cancellation right to cancel your Premium
Subscription, starting from the day you first sign up for your Premium Services.
“Counterparty” means the person you wish to send Electronic Money or money to.
“Counterparty Bank Account” means the bank account of the Counterparty.
“Direct Debit” means an arrangement between you and your bank or building society that authorises
us to Top Up.
“Direct Debit Guarantee Scheme” means, the guarantee scheme offered by Direct Debit which protects
you against payments made in error or fraudulently. If an error is made in the payment of your Direct
Debit by 3ATex or your bank or building society you are entitled to an immediate refund of the amount
paid from your bank or building society.
“Electronic Money” means electronically stored value represented by a claim against 3ATex.
“Electronic Money Exchange” has the meaning set out in Clause 9.1(a).
“Exchange Rate” has the meaning set out in Clause 16 and the Fees Section;
“FCA” means the Financial Conduct Authority of the United Kingdom whose address is 25 The North Colonnade,
Canary Wharf, London E14 5HS, United Kingdom; further information on the FCA can be obtained on the FCA’s
website at www.fca.org.uk.
“Fees Section” means the separate fees schedule outlining the fees we charge in relation to the 3ATex
Services which can be found (link tbc).
“Force Majeure Event” means an event which is beyond the reasonable control of an affected party including
without limit any market disruption, acts or restraints of government(s) or public authorities, war,
3ATexion, strikes or other industrial action, fire, flood, natural disaster, explosion, terrorist action,
the suspension or limitation of trading by any execution venue, or any breakdown, failure, defective
performance or malfunction of any telecommunications settlement or other equipment or systems.
“Indemnity Claim” means a claim for a refund in relation to the Direct Debit Guarantee Scheme.
"Information" means any confidential and/or personally identifiable information or other information,
including but not limited to the following: name, email address, date of birth, tax identification number,
billing/shipping address, phone number and financial information.
“Instant Transfer” has the meaning set out in Clause 9.1(b).
"Key Facts" means the key facts document, provided by <European Travel Insurance (tbc)>,
which you can view (link tbc), as same is updated from time to time.
“Mobile” means your smartphone or other electronic device upon which you have downloaded the 3ATex
“Mobile App” means the mobile application accessible through your Mobile where you can obtain access
to your 3ATex eWallet.
“Mobile App Terms” means the terms and conditions governing your use of the Mobile App which can be
found on the Mobile App.
“Mobile PIN” means your personal identification number which is entered onto the 3ATex Mobile App
to gain access to the 3ATex eWallet.
“Monetary Exchange” is not a service in its own right but will be part of a 3ATex Bank Transfer, an
ATM Withdrawal or a Card Purchase and means redeeming Electronic Money in your 3ATex Electronic Money
Account and using it to purchase money in a different currency using our Exchange Rates;
“Monthly Plan Break Fee” means the £14 charge if you elect to terminate your 12-month monthly
plan within the first ten (10) months.
"Overseas emergency medical insurance" means the medical insurance provided by <European Travel
Insurance (tbc)> for overseas emergency medical assistance and expenses as set out in the Key Facts,
the Statement of Insurance and the Policy Documentation.
“Physical Card” means both the Standard Card and the Premium Card.
"Policy Documentation" means the policy documentation provided by <European Travel Insurance
(tbc)> which you can view at
(link tbc) as same is update date from time to time.
“Premium Card” means the tangible plastic card issued to Premium Users which allows Premium Users
to enter into ATM Withdrawals and Card Purchases.
“Premium Service” means the benefits you are entitled to as a result of being a Premium User, which
includes, but isn’t limited to, unlimited use of our Standard Exchange Rate, an increased threshold
for free ATM Withdrawals, benefitting from the Overseas emergency medical insurance and around the clock
“Premium Subscription” means a monthly or annual subscription to the Premium Service.
“Premium Subscription Fees” means the fees payable for the Premium Service by a Premium User, which
are set out in the Fees Section.
“Premium User” means a holder of a 3ATex Account who avails of the Premium Service.
“Restricted Countries” means those countries that do not appear on the 3ATex EWallet.
"3ATex" "we," "us," or "our" means 3ATex GmbH, the details of which
are set out in Clause 2.1.
“3ATex Account” means your relationship with us as described in these Terms.
"3ATex Account Profile" means your profile, accessible on the 3ATex EWallet where you can view,
among other things, your details, your price plan and your verification limits.
“3ATex Bank Transfer” has the meaning set out in Clause 9.1(c).
“Card” means both Physical Cards and Virtual Cards.
“Cardholder Terms” means the terms and conditions between you and 3ATex (acting as Card Issuer) relating
to the issuance to you and the use by you of the Card.
"Card Purchase" has the meaning set out in Clause 9.2(b).
“Card Transaction” has the meaning set out in Clause 9.2.
“3ATex EWallet” has the meaning set out in Clause 5.1.
“3ATex EWallet Transaction” has the meaning set out in Clause 9.1
“3ATex Electronic Money Account” means an account with us in which Electronic Money is held.
"3ATex Services" means you being given access to the 3ATex EWallet via the Mobile App and being
able to enter into 3ATex EWallet Transactions, you being issued with a Card and being able to enter into
Card Transactions and the management of your 3ATex Account and if you are a Premium User the Premium
Service any other services provided by 3ATex to you from time to time.
“3ATex Transactions” means both 3ATex EWallet Transactions and Card Transactions. “3ATex Transaction
History” means the list of 3ATex Transactions you have entered into, which is available on the
“3ATex Transaction Limits” means the limits 3ATex imposes on the 3ATex Transactions you can enter
into, the details of which will be set out on the 3ATex EWallet.
“3ATex User” means a user of 3ATex which is not you.
“Standard User” means an individual with a 3ATex Account which is not a Premium User.
“Standard Card” means the tangible plastic card issued to Standard Users which allows Standard Users
to enter into ATM Withdrawals and Card Purchases.
"Statement of Insurance" means the statement of insurance provided by <European Travel Insurance
(tbc)> which you can view (link tbc) as same is updated from time to time.
"Stored Card" means the credit card, debit card, or other payment card, which you register for
use on the 3ATex EWallet and which will be used by 3ATex to receive funds against which we will issue
Electronic Money to your 3ATex Electronic Money Account or for other purposes under these Terms.
“Supplement(s)” means an agreement between 3ATex and you for the provision of separate services by
3ATex or one of its partners to you, which will be set out on the Website.
“Third Party Bank Transfer” means a payment from a person which is not you to one of our bank accounts,
the details of which we shall provide to you, as part of the process of requesting a Top-Up.
“Top-Up” means you or a third party sending money to us in return for us issuing Electronic Money
to your 3ATex Electronic Money Account as further described in Clause 8.
"User", “you” or “your” means you being the business that has agreed
to these Terms to use the 3ATex Services.
“User Bank Account” means a bank account belonging to you.
“User Bank Transfer” means a transfer from a User Bank Account, performed by the User’s payment
service provider, to one of our bank accounts, the details of which we shall provide to you or your bank,
as part of the process of requesting a Top-Up.
“Virtual Cards” means the virtual non-tangible cards that allow you to enter into Card Purchases.
“Website” means out general website, the web address of which is www.3ATex.com.
“Website Acceptable Use Policy” means the website acceptable usage policy which can be found on our
“Website Terms” means the terms and conditions regarding the use of our Website which can be found
on our Website.
"<European Travel Insurance (tbc)>" has the meaning set out in Clause 2.3.