E-Wallet payment services terms & conditions
This Agreement sets out the terms and conditions of business which will apply when we, MarTrust Corporation Limited, a company registered in England and Wales with its registered office address at Office 7.09, Tintagel House, 92 Albert Embankment, London, SE1 7TY (with company registration number 07498933, authorised and regulated by the Financial Conduct Authority registration number FRN 794752) provide you with the Services set out herein. Each Transaction is a separate agreement which incorporates these terms and conditions.
We work with PFS Card Services (Ireland) Limited, a company registered in Ireland with its registered office address at Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9, Ireland (with company registration number 590062, authorised and regulated as an e-money issuer by the Central Bank of Ireland registration number C175999). PCSIL are the issuers of the Prepaid Cards linked to the E-Wallet. The MarTrust Prepaid Mastercard® terms and conditions govern the use of the Prepaid Card and linked E-Wallet, found at Part D of this Agreement and at https://www.martrust.com/card-terms/.
It is important that you read the terms and conditions of this Agreement carefully before you use the Services as by doing so you shall be deemed to accept the terms and conditions contained in this Agreement.
In accepting this Agreement, you are confirming that you fully understand and accept these terms and conditions and that you are 18 years old or older. If there is anything you do not understand please ask us for more information or obtain independent legal advice.
1.1 These terms and conditions are divided into six separate parts:
1.1.1 Part A sets out the terms and conditions which govern our relationship with you.
1.1.2 Part B sets out the terms which govern how you can access the Services.
1.1.3 Part C sets out the terms regarding the cross-border payment processing service.
1.1.4 Part D provides access to the MarTrust Prepaid Mastercard® terms and conditions governing the use of the regulated Prepaid Card and linked regulated E-Wallet service.
1.1.5 Part E sets out the specific terms regarding the Salary Advance service.
1.1.6 Part F sets out the definitions.
PART A: General Terms & Conditions
2. IMPORTANT INFORMATION
2.1 These terms and conditions shall apply to each and every Transaction you perform using the Services.
2.2 You must tell us as soon as possible if any of the information you have given us changes including but not limited to, a change of your name and of your residential address.
2.3 Our obligations under this Agreement are conditional on our acceptance of you as a Customer which is at our sole discretion and we reserve the right to decline to provide Services to you without specifying a reason.
2.4 If you do not use our Services for a period of twelve (12) Months, we may require you to provide such documentation and information that we may reasonably require to assist us in meeting our Compliance Obligations.
2.5 You shall comply with all Applicable Laws, including but not limited AML/CTF laws. If you breach any AML/CTF laws or regulations, then you irrevocably agree that we may retain any funds transmitted to us pursuant to this Agreement and not perform any Service and such funds shall not bear interest against us.
2.6 In the event of any change of our internal compliance procedures you shall do all such things as we may reasonably request in order to ensure adherence to our Compliance Obligations, which may include the provision of such original documentation as we may require.
3. DATA PROTECTION & CONFIDENTIALITY
3.1 While providing the Services you will be providing us with information that may include Personal Data.
3.2 You acknowledge that for the purposes of this Agreement, we are a Data Controller.
3.4 We will implement and maintain adequate Technical and Organizational Measures for the security of your Personal Data.
3.5 You consent to us sending your Personal Data outside the European Economic Area which will only occur in accordance with the Data Protection Legislation.
3.6 Any telephone conversations we have with you may be monitored and recorded by us. We also may maintain records of e-mails sent by or to you. You agree that we may use these records for training and quality control purposes or to resolve any disputes and in the prevention or detection of crime. However, we are under no obligations to make the recording or records available to you.
3.7 If you need to provide us with information (which, for the avoidance of doubt shall include information which constitutes Personal Data) about a third party, you shall ensure that the third party has given fully informed and explicit consent to provide their information to us and to be able to process their Personal Data and you informed the third party who we are and what we will use their Personal Data for.
3.8 During the tenure of this Agreement we (or you, as the case may be) may become privy to Confidential Information.
3.9 It is agreed that the recipient Party shall keep the disclosing Party’s Confidential Information confidential and shall not use any Confidential Information or disclose any Confidential Information in whole or in part to any third Party, except as expressly permitted by this Agreement.
4.1 You represent and warrant to us:
4.1.1 you are acting as a principal and have legal title to all funds used in connection with the Transactions forming part of the Services.
4.1.2 performance of all your obligations contemplated under this Agreement does not violate any Applicable Law.
4.1.3 all information provided by you is true, correct, and complete in all material aspects as at the date of this Agreement and you will promptly notify us of any changes in the information.
4.1.4 you shall make on-going disclosure to us of any matters that may affect your obligations contained in this Agreement. We may, from time to time, need to request further information or documentation on you and you agree to provide this information.
5. TERM AND TERMINATION
5.1 This Agreement shall continue until terminated by:
5.1.1 us providing two (2) Months’ written notice to you; or
5.1.2 you providing one (1) Months’ written notice to us.
Termination of this Agreement shall not affect any Transaction previously carried out by you and shall not relieve either Party of any outstanding obligations arising out of this Agreement.
5.2 Either Party may terminate the Agreement immediately and shall be relieved of any future obligations set out in this Agreement, including any obligations arising out of any Instruction, if either Party is made aware or has reason to believe that a Party has:
5.2.1 provided false or misleading information to the other Party;
5.2.2 participated or is participating or has assisted or is assisting in money laundering or terrorist financing or has otherwise failed to comply with any Applicable Laws;
5.2.3 been officially investigated by law enforcement and/or regulatory agencies;
5.2.4 entered into an Insolvency Event (where applicable); or
5.2.5 has materially breached the terms of this Agreement or any Instruction willfully or otherwise.
6. LIABILITY AND INDEMNITY
6.1 Nothing in this Agreement excludes either Party’s liability for fraudulent misrepresentation, caused by a Party’s negligence or any other liability under the FCA Rules which cannot be excluded by law.
6.2 Notwithstanding Clause 6.1, all conditions, warranties, and representations, expressed or implied by statute, common law or otherwise, in relation to this Agreement are excluded to the extent permitted by law.
6.3 You must notify us as soon as possible after you become aware of any unauthorised or incorrectly executed Transaction.
6.4 We will not be liable if the Beneficiary bank fails to process the Transaction correctly.
6.5 We are entitled to act on your Instructions, and you agree to indemnify us from all losses arising from our doing so. You also agree to indemnify us from any loss we may incur resulting from any errors made by you in providing Instructions unless as a result of our negligence, willful misconduct or fraud.
6.6 In no circumstances will we be liable for: loss or damage incurred by you as a result of any indirect, special or consequential loss or damage howsoever caused even if we were advised of the possibility of such losses in advance.
6.7 Neither Party shall be liable for any failure or delay in performance of any of its obligations under this Agreement if such delay or failure results from a Force Majeure event.
7. LIMITATION OF LIABILITY
7.1 Our entire liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, is limited to the lower of:
7.7.1 the pound sterling value as of the Transaction; or
7.7.2 the Fees paid in accordance with this Agreement.
8. FEES AND LIMITS
8.1 The Fees payable for the Services can be accessed via https://www.martrust.com/fee-and-limits-schedule/ and/or via such other schedule and information we or your Employer, crew manager or otherwise shall provide you from time-to-time.
8.2 We may apply limits to the number of Transactions that you can make each day. We may also apply limits to the amount of money that you can transfer each day as more particularly described in https://www.martrust.com/fee-and-limits-schedule/.
9. PAYMENT OF FEES
9.1 The Fees will be debited from the E-Wallet at the time the Transaction is performed.
10.1 The Services contemplated under this Agreement are provided on an execution only basis.
10.2 You are solely responsible for evaluating and selecting the timing and nature of all Transactions and shall not treat any information provided by us as financial advice. You must rely solely on your own judgement in determining whether the Services provided by us are appropriate.
10.3 Any decision to transact is always at your sole discretion and we cannot be liable for any loss including loss related to exchange rate movement before or after the Transaction.
11.1 If you are not satisfied with our Services, please contact us directly by using the details shown using the following link: https://www.martrust.com/complaints.
11.2 If you are still not satisfied after following our complaints procedure you may be eligible to ask the Financial Ombudsman Service to review your complaint. To check your eligibility to make a complaint, you may contact the Financial Ombudsman Service through: Phone: 0800 023 4 567,
International: +44 20 7964 0500
Email: [email protected]
Post: Exchange Tower, London, E14 9SR, United Kingdom.
Up-to-date details of the Financial Ombudsman Service can be found at www.financial-ombudsman.org.uk.
12.1 Audit Rights. You should keep and maintain for six years after termination of the Agreement, full and accurate documentation and records which enable us to conduct an audit inspection in relation to the Services. The Parties shall fully cooperate and provide all the information reasonably required to conduct an audit inspection.
12.2 Jurisdiction. This Agreement shall be governed by English Law. The Parties agree to irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales, United Kingdom.
12.3 Third Party Rights. A person who is not a Party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
12.4 Assignment. You consent to us assigning our rights under this Agreement and you will execute any documents (including a deed of novation) reasonably required by us to effect such a transfer. You may not assign your rights under this Agreement without our prior written consent.
12.5 Publicity. You shall not, without our prior written consent disclose the terms of this Agreement to any person.
12.6 Variation. We reserve the right, in our sole discretion, to change, amend or otherwise modify the terms and conditions contained within this Agreement upon written notice to you or, in the case of any services accessed through our App, upon posting of the changes, amendments or modifications to the App. Any changes, amendments or modifications shall be effective two (2) Months from the date of notice. Any amendments made by you to the terms and conditions contained within this Agreement shall not be binding unless set forth in a written addendum by us and you.
12.7 The Agreement and the services provided hereunder are subject to all applicable laws, rules and regulations including, but not limited to the FCA Rules. If there is a conflict between this Agreement and any applicable laws, the latter shall prevail.
PART B: Access to our Services
13. OUR APP
13.1 We have developed and hereby provide you with access to the App. You may use the App in accordance with the terms of this Agreement in connection with the use of the Services.
13.2 You will be given access to the Services when you are registered (by your Employer, crew manager or otherwise) to access the same. You will then be sent a welcome e-mail which will provide instructions for how to access the App.
13.3 You will be provided with log-in credentials to access the App which will be sent to your registered e-mail address. When logging into the App for the first time, you will be prompted to set a password. The App uses multi-factor authentication:
13.3.1 when creating or changing of your password and security questions and answers.
13.3.2 in connection with approving Instructions and altering Instructions.
13.4 When using the App, you must take all reasonable steps to keep your log-in details safe at all times; it is advisable to change your password regularly (at least every three (3) to six (6) Months). To reduce the risk of a security breach in relation to your access to the App:
13.4.1 never disclose your log-in details to anyone;
13.4.2 we recommend that you do not:
220.127.116.11 choose log-in details that can be easily guessed by someone else.
18.104.22.168 log-in through a device if you are not in full control of it or if it is not in your possession.
22.214.171.124 leave any device from which you have logged in to App unattended.
126.96.36.199 stay logged in to the App when you are not accessing the Services.
188.8.131.52 write your log-in details down in a place where they may be easily discovered and/or without disguising them well.
13.5 If you have any indication or suspicion of your log-in details, password or other security features relating to the App being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you must contact us via one of the following methods:
13.5.1 via the App, selecting the ‘Card’ option and then ‘Report Lost / Stolen’ from the menu.
13.5.2 e-mail our customer service team who can be reached at [email protected].
13.5.3 Call our customer service team on +31 2106 244 770
without delay on becoming aware of the loss, theft, misappropriation or unauthorised use and change the password and if you think someone else knows your password, you must change it immediately.
13.6 You may not use the App for any purpose, function, or feature not described in the documentation or otherwise communicated to you by us. We will update the App from time to time and may add or remove functionality. We will provide you reasonable notice in the event of material changes, deprecations, or removal of functionality from the App so that you may continue using the Services with minimal interruption.
13.7 All the Intellectual Property Rights in the Services and the App is and shall remain, our sole property. You shall not directly or indirectly decompile, disassemble, reverse engineer, or otherwise attempt to derive or discern the source code or internal workings of the App.
13.8 We are not able to guarantee that your access to the App will be uninterrupted, continuous or error free.
13.9 We shall use reasonable endeavors to keep the App free from Malware, but we cannot guarantee that it will be free from Malware.
13.10 We may delay, decline, or reverse any Instruction if we reasonably suspect that the Transaction might be associated with financial crime or otherwise unlawful or that by carrying out the Transaction, we might breach our Compliance Obligations.
13.11 We may terminate your use or the use of the App at any time.
13.12 You must take all reasonable precautions to keep safe and prevent fraudulent use of the App.
13.13 You must not misuse the App by knowingly introducing Malware or other material which is malicious or technologically harmful.
13.14 You must not use the App to perform any Transactions for any illegal or unlawful purposes.
13.15 You are responsible for obtaining, maintaining and ensuring connectivity to and compatibility of your own equipment when using the App. We will not be responsible for any loss of or damage to your data, software, computer, telecommunications, or other equipment caused by your use of the App unless such loss or damage is caused by our negligence.
13.16 You shall at all times remain responsible and liable for your acts and/or omissions.
PART C: Regulated payment processing services
14. HOW CAN I PERFORM TRANSACTION?
14.1 Your E-Wallet is an account which enables you to perform Transactions in accordance with the terms of this Clause 14. Your E-Wallet is not a deposit account, and you will not earn any interest on the funds held in the E-Wallet.
14.2 Your E-Wallet is denominated in the currencies selected by you.
14.3 Each Instruction effected under the terms of this Agreement shall be an individual contract and we may refuse to perform a Transaction without specifying a reason (e.g., because we have a concern regarding our ability to comply with our Compliance Obligations). In order for us to perform the Transaction, each Instruction must contain the following information:
14.3.1 Beneficiary bank account details.
14.3.2 Currency in which the Transaction must be made.
14.3.3 Transaction Amount.
14.3.4 such other details as we may reasonably require from time-time-time including but not limited to additional information pertaining to the Beneficiary bank.
14.4 Once we have received the Instruction, we will confirm:
14.4.1 the foreign exchange rate which we intend to apply to the Transaction.
14.4.2 the Transaction Amount.
14.4.3 any additional terms which we intend to apply to the Transaction.
14.5 Upon placing an Instruction, we may provide you with a Transaction Confirmation, which we may provide in a single communication.
14.6 We will not allow you to perform any Transaction out of your E-Wallet if this would put your E-Wallet into a negative balance. You should therefore ensure that you have sufficient funds in your E-Wallet before providing an Instruction. It is your responsibility to ensure that the E-Wallet contains sufficient immediately available funds at least equal to the Transaction Amount required to enable us to process a Transaction in accordance with the Instruction. Failure to ensure the E-Wallet contains sufficient funds may result in one or more Transactions not being processed.
14.7 Please note that other costs, taxes, or charges may apply to you that are not charged by us and/or won’t be paid through us. You are responsible for paying such costs, taxes, or charges where these apply. It is your responsibility to determine what, if any, taxes apply to the Transactions you make or receive, and it is your responsibility to collect, report and remit the correct amount of tax to the appropriate tax authorities. If we are required to withhold any taxes, we may deduct such taxes from amounts otherwise owed to you and pay them to the appropriate authority.
14.8 You can provide an Instruction by logging into the App (using your log-in credentials) and follow the instructions to submit your Instruction.
14.9 When placing an Instruction, you will be required to provide us with the requisite details that you will be prompted to give which will include the unique identifier in accordance with which we will process the Transaction.
14.10 A Transaction will be deemed to have been authorised by you if the relevant Instruction has been:
14.10.1 in accordance with this Agreement and any applicable security procedures; or
14.10.2 pursuant to any specific arrangements agreed with you and governed by separate terms and conditions.
14.11 We reserve the right to stop the use of any means or method (including access to the App) you use to provide us with Instructions if we have reasonable grounds to believe there is a concern relating to the security of the payment instrument or the suspicion of unauthorised or fraudulent use of the payment instrument. Before stopping the use of any payment instrument, we will inform you that we intend to stop such use and give our reasons for doing so, unless it is not reasonably practicable to do so, in which case we will inform you immediately afterwards. In either case, we will inform you in the manner in which we consider most appropriate in the circumstances and will not be obliged to inform you where doing so would compromise our reasonable security measures or otherwise be unlawful. You may request that the use of the payment instrument is no longer stopped by following the notification procedure referred to in the paragraph below, but we will not be obliged to accept your request until after the reasons for stopping its use cease to exist.
14.12 We reserve the right to refuse any Instruction which does not satisfy all the relevant conditions as set out in this Agreement or the execution of which would be unlawful, or otherwise contravene any Applicable Laws, and we shall not be liable to you for any such refusal. Unless such notification would be unlawful, we will notify you in the manner in which we consider most appropriate in the circumstances of the fact of refusal, (if possible) the reasons for the refusal and (where it is possible to provide reasons for the refusal and those reasons relate to factual matters) the procedure you may use to rectify any factual errors that led to the refusal.
14.13 Where you instruct us to process a Transaction from your E-Wallet, the Transaction Amount will be deducted by us from your E-Wallet balance. You must ensure that you have sufficient funds in your E-Wallet to cover the amount of any Transaction you want to make using the funds available in your E-Wallet. If you do not have sufficient funds in your E-Wallet, we reserve the right to postpone the execution date of the Transaction and we may impose a charge to cover the costs of us doing so.
14.14 You can check the balance held in your E-Wallet by logging into the App. Key information relating to Transactions performed using the E-Wallet, including all fees and any other charges applied to the E-Wallet and Transaction history will be made available at any time, and in accordance with Applicable Laws, by logging into the App and may also be downloaded by you as a report which can be stored and reproduced in an unchanged manner.
14.15 Each Transaction processed using funds available within the E-Wallet will be given a unique Transaction ID which will be set out in the Transaction history. You must quote this Transaction ID when communicating with a MarTrust Representative about a particular Transaction.
15. HOW WILL THE FUNDS BE SENT TO THE BENEFICIARY?
15.1 The payment method will be in accordance with the Instruction subject always to the availability and processing of the payment method in the destination country.
16. WHEN WILL FUNDS BE RECEIVED BY THE BENEFICIARY?
16.1 The Execution Time for Transactions will be three (3) Business Days from MarTrust sending the Transaction funds.
16.2 We cannot be responsible for any delays to the Beneficiary bank’s (or their correspondent bank’s) processing of a Transaction and cannot guarantee that the Beneficiary’s bank account will make the funds available to the Beneficiary on the day that it receives the Transaction Amount.
17. CAN I CANCEL OR ALTER THE DETAILS OF A PAYMENT INSTRUCTION?
17.1 If you wish to recall a payment Transaction after the time for cancelling or altering a payment Transaction has lapsed, we will make all reasonable endeavors to assist you with a recall. However, we will not be liable in the event that a recall is not possible, and we reserve the right to charge a reasonable fee for any assistance provided in connection with this Clause 17.1.
17.2 You shall indemnify and hold us harmless in full and on demand (without application of any right of set-off, deduction, abatement, counterclaim or otherwise) from any and all liabilities, claims, costs, fees, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or relating to the amending, cancelling or revoking an Instruction.
18. LIABILITY FOR INCORRECT EXECUTION AND UNAUTHORISED TRANSACTIONS
18.1 It is your responsibility to ensure that any Instruction is accurate and complete.
18.2 If you provide incorrect Beneficiary details, we will not be liable for any loss you incur, although we will use reasonable efforts to assist you in the recovery of the funds. We reserve the right to charge for any assistance provided in connection with this Clause 18.2.
18.3 In the case of a Transaction that is improperly processed due to our mistake, we shall at your request immediately refund the Transaction Amount to the E-Wallet. However, where you identify an error in an Instruction, you have up to seven (7) days from the date of the payment to notify us, after which time we will have no obligation to investigate or act upon your notification or provide a refund.
18.4 In the case of an unauthorised Transaction from the E-Wallet, we shall at your request immediately refund the Transaction Amount to the E-Wallet. We will not however be required to refund such a payment:
18.4.1 where the performance of an unauthorised Transaction arises from your failure to keep your App log-in, password or other security details safe;
18.4.2 if you fail to notify us without undue delay of any loss or misuse of a log-in or password or another event that could reasonably be expected to have compromised the security of the App and/or your E-Wallet after you have gained knowledge of such event in which case you shall remain liable for losses incurred after gaining such knowledge; or
18.4.3 if you fail to dispute and bring the unauthorised Transaction to our attention within seven (7) days from the date of the Transaction.
19. LIMITING USE OF YOUR E-WALLET
19.1 We may suspend access to the E-Wallet or otherwise restrict its functionality on reasonable grounds relating to the security of the E-Wallet or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of the E-Wallet has occurred or that any of its security features have been compromised.
19.2 We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless that would be unlawful or compromise our reasonable security interests.
19.3 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.
20. CLOSING THE E-WALLET
Following termination of this Agreement, you should close your account and empty your E-Wallet. In the event that you require us to transfer any remaining balance on the E-Wallet to your nominated bank Account we reserve the right to charge a fee for the same.
Part D: MarTrust Prepaid Card Terms & Conditions regarding regulated services
21. The MarTrust Prepaid Card Mastercard® terms and conditions govern the regulated Prepaid Card and linked regulated E-Wallet service and can be found at Part D of this Agreement and at https://www.martrust.com/card-terms/.
Part E: Unregulated Salary Advance Service
22.1. Your Employer will determine whether you are eligible for the Salary Advance service.
22.2. We reserve the right, in our sole discretion, to decline, terminate or suspend provision of the Salary Advance service without specifying a reason.
23. HOW TO ACCESS THE SALARY ADVANCE SERVICE
23.1 If eligible, you can access the Salary Advance service offered by your Employer through your E-Wallet by logging into the App.
23.2. Key information relating to Salary Advance transactions using the E-Wallet will be made available to you in accordance with Applicable Laws.
24. CONSENT TO DISCLOSURE OF EMPLOYEE INFORMATION
24.1 The Salary Advance service relies upon information from your Employer about you. Accordingly, you consent to your Employer sharing the Employee Information required for the provision of the Salary Advance service.
24.2 We will not share your Employee Information and such information is not shared outside of MarTrust, other than with regulators, your Employer, and MarTrust’s service providers where necessary for the provision of the Salary Advance service.
24.3 We cannot provide retroactive access to Unpaid Earnings arising before you established your eligibility for the Salary Advance service with your Employer.
24.4 If your E-Wallet is closed, you authorise us to inform your Employer and to provide your Employer with your updated Salary Destination Account as provided to us.
25. YOUR OBLIGATIONS
25.1 You will take all actions, including the execution of documents requested by us, to preserve and protect our right, title, and interest in and to any Salary Advance.
25.2 You will not take any action or make any omission (including redirecting payments, or placing or allowing placement of a lien or security interest on any Salary Advance) that has, individually or in the aggregate, an adverse effect on our ability to collect on or retain any Salary Advance.
25.3 You will not use the Salary Advance service to obtain more Unpaid Earnings than you have earned, including receiving payments on the Salary Advance from both us and another party for the same work. If you receive a payment on the Salary Advance from your Employer or another party, you must notify us immediately and hold the amount in trust for our benefit.
26. SALARY ADVANCE CALCULATION
26.1. Based on the Employee Information provided by your Employer, we will calculate the amount of your Monthly Salary Advance entitlement which can be advanced on a daily basis during the Advance Period.
26.2. During the Advance Period, you will be entitled to request through the App your Daily Salary Advance.
26.3. The maximum Daily Salary Advance you can request each day will be displayed in your E-Wallet.
26.4. During the Advance Period:
26.4.1. If you do not request a Daily Salary Advance your entitlement will accrue meaning that the Daily Salary Advance available to you in the following days will increase.
26.4.2. Any Daily Salary Advance that you do request following accrual in accordance with 26.4.1. shall result in a monetary adjustment of the Daily Salary Advance available to you thereafter.
27. REPAYMENT OF SALARY ADVANCE OWED
27.1. Each Month your Employer will pay your Salary from their E-Wallet to your E-Wallet.
27.2. At the end of the relevant Advance Period, we will calculate the total Salary Advance paid to you during the Advance Period, and the total amount shall be automatically debited from your Salary before it is paid from your Employer’s E-Wallet to your E-Wallet, the remaining balance of your Salary will be credited into your E-Wallet.
27.3. In the event that your Employer is unable to pay your Salary (for any reason, including but, not limited to financial difficulties, bankruptcy etc.), and you exercise your rights to recover the Salary owed to through other means, which are successful. You hereby agree to repay us any Salary Advance received for the applicable Advance Period immediately.
28. ALTERATION OF YOUR SALARY DESTINATION ACCOUNT
28.1 If you have utilised the Salary Advance service and decide that you no longer want your Salary to be paid into your E-Wallet you must inform your Employer as soon as reasonably practicable and provide your Employer with details of your intended Salary Destination Account. Your Employer will only be able to facilitate your request once you have no Salary Advance amounts outstanding.
29. TERMINATION OF EMPLOYMENT AGREEMENT
29.1 In the event of termination of your Employment Agreement you will inform us immediately.
29.2 Payment of your final Salary will be made to your E-Wallet, and any outstanding amounts owed to your Employer shall be debited from your Salary prior to be being credited in your E-Wallet in accordance with these terms.
30. LIABILITY AND INDEMNITY
30.1 We know that having the right to receive your Salary Advance has associated risks and we assume these risks based on representations, warranties and promises you make in these terms. You hereby agree that the provision of these terms is designed to give us a reasonable and fair opportunity to receive the benefit of our transaction with you.
30.2 Notwithstanding Article 6 of this Agreement, you agree to indemnify us from any loss we may incur resulting from any omissions made by you in accordance with this Agreement as applicable, unless as a result of our negligence, willful misconduct or fraud.
31. SET-OFF OF OUTSTANDING AMOUNTS
31.1 We have the right of setoff, and we may offset against any outstanding or uncollected amounts owed to us by you from any amounts we would otherwise be obligated to furnish to you or any amounts we might otherwise owe you under these terms or any other agreement. If we decide to exercise our right of setoff, we will notify you at least seven (7) days before we exercise it. In addition to exercising our right of setoff, we retain the right to pursue any other remedy permitted by law or equity.
Part F: Definitions
Whenever used in this Agreement, unless stated otherwise or inconsistent with the subject matter or context, the following words shall have the following meanings:
Advance Period means the period of time between each pay.
Agreement means these terms and conditions together with any schedules, appendices and/or annexes to them and any amendments to them made pursuant to these terms and conditions.
AML/CTF means anti-money laundering and counter-terrorist financing.
App (or “App”) means the MarTrust web or mobile application through which you can access the Services.
Applicable Laws means all applicable laws and regulations in force at any time which may apply to the operation and/or use of the Services, including but not limited to the Regulations and AML/CTF laws.
Beneficiary means a payee and recipient of a Transaction which you include in your Instruction.
Business Day means a day on which commercial banks are open for business (including dealings in foreign exchange) in England excluding Saturdays, Sundays, and bank holidays.
Compliance Obligations means our obligations to comply with Applicable Laws, international guidance, internal policies or procedures, requests and/or demands from the FCA or other authorities such as reporting and/or disclosure obligations and laws requiring us to verify your identity or otherwise.
Confidential Information means all information disclosed by a Party to the other Party pursuant to this Agreement which is either designated as proprietary and/or confidential, or by its nature or the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential.
Customer (or “you”) means the customer who is a Party to this Agreement.
Data Controller has the same meaning as set out in accordance with Data Protection Legislation.
Data Protection Legislation means the GDPR or any national implementing laws, regulations, and secondary legislation, as amended or updated from time to time, in the United Kingdom.
Daily Salary Advance means a percentage of the Monthly Salary Advance which can be requested daily as a Salary Advance by MarTrust to your E-Wallet within the Advance Period if you request for this within your E-Wallet.
Employee Information refers to your:
(b) mobile number;
(c) personal email address;
(e) your employee ID and/or payroll number
(f) date of birth;
(g) personal financial information that pertains to your Employment Agreement, such as salary amount, deductibles and any other relevant amounts;
(h) photographic ID;
(i) terms of your Employment Agreement, such as salary terms, conditions, commencement and termination date, prior notice periods, probation periods, and other information as deemed necessary;
(j) residential address;
(k) any other information disclosed by your Employer.
Employment Agreement means a signed written agreement between you and an Employer, by virtue of which a working relationship and its relevant terms and conditions are defined between both parties, namely, the scope of work and duties and correspondent Salary you shall receive for the performance of your work under this agreement.
Employer means a company with whom you have an Employment Agreement with, and that is a customer of MarTrust and possesses an active E-Wallet.
Employer Agreement Form means the form provided by MarTrust that the Employer must sign to formalize their agreement in relation to the provision of the Salary Advance service to you.
E-Wallet means the digital wallet which allows you to make electronic Transactions for goods and services.
Execution Time means the maximum time for the Beneficiary’s Service provider’s account to be credited.
FCA means the Financial Conduct Authority of 12 Endeavour Square, London, E20 1JN, United Kingdom or any successor body thereto responsible for regulating us within the United Kingdom.
FCA Rules means the handbook of rules and guidance of the FCA.
FSCS means the Financial Services Compensation Scheme.
Force Majeure means events or causes beyond the reasonable control of the affected Party including, but not limited to: an act of God, peril of the sea, unavoidable accident of navigation, act of terrorism, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident or other damage of our machinery or systems unless occurring by an act or omission of the affected Party.
GDPR means Regulation (EU) 2016/679 on the protection of natural persons regarding the processing of Personal Data.
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Instruction means any instruction made via the App to perform a Transaction.
Malware means any thing or device (including any software, code, file or programme) which may prevent, impair, or otherwise adversely affect the intended user experience of a system or the operation of any computer software, hardware, network equipment, telecommunications service, or any other service or device.
Month means calendar month.
Monthly Salary Advance means the total Salary Advance which you are entitled to during the Advance Period.
Normal Business Hours means 9:00 to 17:30 (GMT) on all Business Days.
Party/Parties means the parties under this Agreement.
Personal Data has the meaning set out in the Data Protection Legislation and relates only to personal data, or any part of such personal data, in respect of which we are providing services under the terms and conditions of this Agreement.
PCISL means regulated PFS Card Services (Ireland) Limited, a company registered in Ireland with its registered office address at Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9, Ireland (with company registration number 590062, authorised and regulated as an e-money issuer by the Central Bank of Ireland registration number C175999).
Regulations means the Services Regulations 2017, as may be amended from time to time.
Prepaid Card means the provision of a loaded card, linked to an E-Wallet which allows you to make electronic Transactions for goods and services.
Salary means a fixed regular payment that you receive and that is made by your Employer to you by virtue of an Employment Agreement.
Salary Advance means the Unpaid Earnings we have agreed to make available to you before your Employer runs payroll for the Advance Period for a specified transaction fee.
Salary Destination Account means a bank account, a e-wallet account or the E-Wallet on which the Salary is paid to by the Employer.
Services means the services that are provided by MarTrust to the Customer, which consist of a regulated payment processing service and the regulated issuance of Prepaid Cards and linked E-Wallet services (as governed by the MarTrust Prepaid Card terms and conditions contained within Part D of this Agreement), and/or the unregulated Salary Advance service.
Technical and Organisational Measures means the requirements regarding the security of the Personal Data, as set out in the Data Protection Legislation.
Transaction Amount means the total amount of the Transaction and any fees and other charges applied by us in connection with the provision of the Services which can be accessed by visiting https://www.martrust.com/fee-and-limits-schedule/.
Transaction Confirmation means a notification that details the Transaction you have directed us to execute upon receipt of the Transaction Amount.
Transaction means the processing of a payment (cross-border or otherwise) made in accordance with an Instruction.
Unpaid Earnings means the right to payment (e.g account receivable) owed to you by your Employer arising out of services you have provided to your Employer and any other related rights.