Terms and Conditions - Incharge Card

Please read these General Terms and Conditions (the ”Terms and Conditions”) carefully before accessing and using the website www.inchargecard.com and/or the InCharge app.

Introduction

1.1 InCharge Services Ltd is a company organized under the laws of Cyprus with registration number [ΗΕ 322510], and having its registered address at Makarios Avenue No. 34, Hadjiyiannis Court, Office 401, 3065 Limassol, Cyprus (” InCharge”, ”we”, ”us”, ”our”).

1.2 InCharge has created the InCharge App and the InCharge web portal (jointly the ”Platform”) through which customers in the European Economic Area can access and use a personal payment account and use electronic and physical card services for the purpose of, among other things, enabling transactions with electronic money.

1.3 For the purpose of setting up the personal payment account, InCharge has partnered Intergiro Intl AB (”Intergiro”), a Swedish fintech company that provides electronic money account services and debit card services. Intergiro is licensed and supervised by the Swedish Financial Supervisory Authority (Sw: Finansinspektionen) as an electronic money institution with the authority to issue electronic money under the Swedish Act on Electronic Money (Sw. Lag (2011:755) om elektroniska pengar) and to provide payment services under the Swedish Act on Payment Services (Sw: Lag (2010:751) om betaltjänster). Intergiro will provide a personal payment account to you (the” Account”) and issue a Visa payment card to you, and we will provide the Platform.

1.4 These Terms and Conditions apply between us and you as a user of the Platform (”Consumer”, ”you” or ”your”). When signing up as a customer to use the Platform, you accept the Terms and Conditions regarding the use of the Platform. Simultaneously, or at a later stage, you may apply for an Account using the Platform, which is integrated with Intergiro’s payment services platform and that provides you with payment services. These Terms and Conditions together with InCharge’s privacy policy (the” Privacy Policy”) form a legal agreement (the” Agreement”) between you and InCharge, governing your use of the Platform. This means that you will be a customer of both InCharge and Intergiro. Hence, you will also be required to accept a set of terms and conditions applicable between you and Intergiro (the” Intergiro Terms and Conditions”).

1.5 To access the InCharge web portal you need an internet connection, a computer, a smartphone or a tablet with a web browser (as applicable). You may also need to download and install the InCharge app on your smartphone or tablet and accept the Terms and Conditions. You will find information regarding available operating systems and version of web browsers etc. on www.inchargecard.com

1.6 You may only use the Platform for your personal use and in accordance with the Agreement. The Agreement is for an indefinite term, meaning that it will continue in force until you or InCharge terminate it, in accordance with the provisions of this Agreement.
1.7 The language of the Agreement is English and all communications will be conducted in English unless otherwise stated in the Terms and Conditions. You can at all times download a copy of these Terms and Conditions from the Platform or receive a copy from the Customer Support.

Your Platform Account

2.1 To use the Platform, you will need to create a user account (the” Platform Account”). In addition to enabling your access to your Account, the Platform provides the following uses and benefits:

Free Euro IBAN account
5 free payments per month, premium plan 20 free payments
Free ATM withdrawals
Safer online shopping
Visa classic (for premium uses only)
Visa Infinite
Free card delivery
International payments
24/7 priority Customer Support
International spending
Over 150 currencies at the interbank rate
Free lounge access with SmartDelay
Travel insurance

2.2 To be eligible to use the Platform and to create a Platform Account you need to:

be a private individual;
at least eighteen (18) years of age;
live within the European Economic Area; and
have accepted these Terms and Conditions.

2.3 In addition to the prerequisites set out in clause 2.2 above, you must only use your Platform Account for your personal use and for legal purposes. You cannot be listed on or associated with any sanctions list, such as the sanctions list of the EU, the UN or OFAC.

How To Create A Platform Account

3.1 To create a Platform Account, click “SIGN-IN” and “REGISTER NOW” to fill in your details. The password you create for the Platform Account should be unique and kept secure, and you must notify InCharge immediately of any breach of security or unauthorised use of your Platform Account. If you have forgotten your password, enter the Platform, click “FORGOTTEN PASSWORD” and follow the instructions provided. When applying for your Account, you promise and warrant to InCharge that

you will utilize the Platform account for your personal use and for legal purposes only;
any information and documentation provided by you are authentic, up-to-date, true and correct;
you will comply with the provisions of the Agreement;
you will respect InCharge’s and InCharge’s third parties’ intellectual property rights relating to the products and services offered to you under the Agreement.

3.2 Please note that you need to inform the Customer Support without undue delay of any changes to your contact details such as change of address or email address or any other information relevant to your use of the Platform.

Customer Support And Complaints

4.1 InCharge will provide customer support services relating to the Platform as well as the Account (”Customer Support”) and you are welcome to contact the Customer Support if you have any questions about the Platform or your Account. The Customer Support is accessible via e-mail on [email protected]. The Customer Support is open between 10:00 and 16:00 CET during Swedish banking days. Customer Support is available in the English language.

4.2 You acknowledge and understand that the Customer Support constitutes a first support line, and that the Customer Support may need to contact Intergiro or any other partners of InCharge engaged for the supply of the Platform for second line support as necessary.
4.3 On www.konsumenternas.se you can read more about your consumer rights.
4.4 For any complaints or claims you may have regarding faults or deficiencies in products or services that you have purchased through your Account, please contact the seller of the product or the service provider (i.e. the point of sales) directly. The seller or service provider is liable for such faults or deficiencies in accordance with laws applicable to the purchase, and neither InCharge nor Intergiro assume any liability regarding such faults or deficiencies.

Your Personal Data

5.1 InCharge collects and processes personal data about you for the purpose of providing the Platform and the Platform Account to you. InCharge is the data controller for the personal data processed under the Agreement for the purpose of providing the Platform Account.

5.2 Further, InCharge will, acting in the capacity as an independent data controller, operate the blockchain database that logs your transaction data, including transaction amounts, dates, issuer and receiver. For this purpose, Intergiro will, also acting as an independent data controller, share personal data constituting transaction data with InCharge.

5.3 Additionally, InCharge is the data controller for the Customer Support and is responsible for your personal data processed for the purpose of the Customer Support. In addition, Intergiro will collect and process personal data about you in order to provide your Account. InCharge will, acting as a data processor, process personal data so collected by Intergiro.

5.4 It is InCharge’s duty to keep the personal data that InCharge processes about you safe and secure. InCharge will not disclose information relating to your Platform Account to third parties outside the circle of trusted suppliers InCharge works with to provide the Platform, other than as required by the laws of Sweden or applicable EU legislation.

5.5 It is important that you understand how InCharge and Intergiro process your personal data. InCharge and Intergiro value our customers’ privacy and process and protect the personal data of our customers in accordance with the requirements of the General Data Protection Regulation (GDPR). Please see InCharge’s Privacy Policy which sets out the full details on the personal data that InCharge collects, how it is used and kept safe and for how long it is stored.

Fees And Charges

6.1 The Platform and your Platform Account will be provided free of charge. Please note however that your use of the Account, you will be charged for fees and charges in accordance with the pricing information available on the Pricing page of our website.

6.2 You shall keep, at all times, necessary funds on your Platform Account in order to allow InCharge for deducting any of the fees from your Platform Account balance regarding fee-based functionalities that you use, in accordance with the Pricing page of our website. In the event that your Platform Account balance lacks necessary funds to execute fee-based functionalities that you use, InCharge has a reserved right to suspend, limit or block the use of your Platform Account until necessary funds have been added to your Platform Account.

Platform Account Security

7.1 Unauthorised Use. If you become aware of or suspect that someone has unauthorisedly used your Platform Account, you must contact the Customer Support as soon as you are able, otherwise you will be liable for any such unauthorised actions or measures in your Platform Account. If you are notified about any suspicious actions or measures in your Platform Account, you need to inform the Customer Support within thirteen (13) months from such notification that an action or measure was unauthorised.

7.2 Your responsibility.
You are responsible to keep your Platform Account safe. Whilst measures are undertaken to protect your Platform Account please note that you are responsible for ensuring that:

your Platform Account and your credentials, ordinary and one-time passwords, means of communication used with InCharge and/or Intergiro for authentication purposes (” account credentials”) are kept safe and secure and that you do not keep account credentials or security details together with a device used to access the Platform:
you use a strong password, which you do not use for any other account or similar, which you update from time-to-time;
you do not let any third party access or use the Platform Account;
you immediately contact the Customer Support if you suspect or experience that your Platform Account (or any information thereof) is accessed or otherwise used by an unauthorised third party or if you suspect that any account credentials are at a risk of or are being used or otherwise possessed by an unauthorised third party;
you ensure that all information (including but not limited to your contact details and address) relating to the Platform Account is up-to-date and that you inform the Customer Support without undue delay of any change; and
you always follow the rules and recommendations regarding security of your Platform Account.

Changing The Agreement, Closing Your Platform Account

8.1 InCharge may unilaterally change the Agreement (such as these Terms and Conditions or the Privacy Policy) from time-to-time, for example to introduce new products or to comply with applicable law. In case of any changes that could affect your current use of your Platform Account, you will be notified at least two (2) months’ in advance of such change. If you do not accept the changes you should notify the Customer Support before the changes take effect. Please note that InCharge may terminate the Agreement with you and close your Platform Account in such case.

8.2 You can terminate the Agreement free of charge and close the Platform Account at any time without notice period. Please contact the Customer Support if you wish to terminate your Platform Account.

8.3 InCharge can terminate the Agreement with you and close the Platform Account with two (2) months’ prior notice for any reason.

8.4 In addition, InCharge may (i) suspend your Platform Account (or any part thereof), or (ii) terminate the Agreement and your Platform Account (or any part thereof) with immediate effect if you, in InCharge’s opinion, materially breach the Agreement, any applicable laws or if InCharge is required to do so under any law, regulation, court order or request of an authority.

8.5 In certain circumstances, InCharge is prevented from closing the Platform Account due to ongoing investigations concerning the Platform Account. In such cases, we may freeze the Platform Account to complete the investigation.

8.6 Closure of your Platform Account.
You will be notified prior to your Platform Account is closed.

Additional Legal Terms

9.1 Account functionality. With respect to the functionalities of the Account, including collections, payouts, cards, top-ups, transactions, refunds and unauthorised use, reference is made to the Intergiro Terms and Conditions. You acknowledge, understand and accept that InCharge will in no event, save for the supply of the Customer Support, assume any liability for the functionality of the Account, including but not limited to any of the functionalities referred to in the foregoing.

9.2 Changes to Platform.
InCharge may need to make changes, updates and upgrades to the Platform as it sees fit from time to time. In such a case you will be notified in advance.

9.3 Inactivity.
If your Platform Account is inactive, meaning that no log-in has occurred for a period longer than six (6) months, InCharge has the right to terminate the Agreement with you and close your Platform Account.

9.4 Intellectual property rights. Upon entering into the Agreement, InCharge grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the Platform. All the intellectual property in the Platform are owned by InCharge or InCharge’s licensors (such as InCharge’s logo and designs, the content on the Platform, all software and source code, trademarks, know-how and data related to the Platform). You do not have any right to use InCharge’s or InCharge’s licensors’ names, trademarks, logos or other intellectual property. You must not copy, reproduce, modify, reverse engineer or disassemble any of InCharge’s products, services or any intellectual property rights.

9.5 InCharge’s liability. The Platform is provided”as is” and InCharge cannot guarantee that the Platform will be free from faults or interruptions. This is partly due to the fact that InCharge relies on some third parties to provide the Platform.

9.6 InCharge is not liable for any services provided by Intergiro to you, and InCharge does not undertake any responsibility in relation thereto.

9.7 Exclusions of liability. In addition to the above and to the extent such limitation is permitted by law, InCharge will not be responsible:

for any indirect, punitive or consequential damages or losses including but not limited to loss of profit, loss of data, loss of business, loss of goodwill and loss of reputation;
for any damages, losses or costs in connection with or due to InCharge’s compliance with applicable laws, regulations, orders and decisions of courts or authorities or other regulatory requirements of payment systems, card payment systems or any other payment, clearing or settlement system;
for any damages, losses or costs in connection with or due to any delays, interruptions, faults or inaccuracies relating to the Platform;
for any damages, losses or costs caused by a virus, malware, phishing or other technological attacks or harmful material that may infect your IT equipment and infrastructure being used for the Platform;
for any damages, losses or costs that arise in connection with or due to unauthorised transactions, other than as set out in these Terms and Conditions;
for any damages, losses or costs arising in connection with or due to Intergiro’s decision (I) not to onboard you and open an Account for you), (II) close your Account, or (III) reject a transaction;
for any fraudulent act conducted by any third party contacting you posing to be representing for example InCharge or Intergiro, a well-known company or an acquaintance of a natural person related to you asking you to disclose your customer details such as password, logins etc. Neither InCharge nor Intergiro requests that kind of information or undertakes any such action.

9.8 Force Majeure.
InCharge shall not be liable for any breach or delay in the performance of InCharge’s obligations under the Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic or any cause beyond the reasonable control of InCharge (“force majeure event”). Should a force majeure event occur you will be notified thereof and InCharge will be excused from performance of the obligations being affected for as long as such force majeure event prevails.

9.9 Severability. If any of the provisions of the Agreement is deemed invalid, unlawful or unenforceable, the remaining provisions of the Agreement shall continue to be valid and binding on you and InCharge.

9.10 Assignment.

You may not assign your rights or obligations under the Agreement to a third party and you are the sole party to the Agreement with InCharge. You are liable until the Platform Account is terminated. InCharge may assign its rights or obligations under the Agreement to an InCharge group company or to any third party without your prior consent.

9.11 No waiver. InCharge has the right to exercise any right or remedy it has under the Agreement at any time, even if such exercise is delayed, or InCharge previously failed to exercise any right or remedy it is entitled to.

9.12 Swedish law applies. The Agreement shall be governed by Swedish law without regard to conflict of law principles.

9.13 Dispute resolution. If you are dissatisfied with the Platform or your Platform Account, please contact the Customer Support. If you wish to present a formal complaint it should be in writing including the relevant circumstances of the complaint. In case of a dispute between you and InCharge, you may file a complaint with the National Board of Consumer Disputes (Sw. Allmänna Reklamationsnämnden (ARN)) in Sweden, which provides alternative dispute resolution free of charge. For more information please refer to the website www.arn.se or arn.se/om-arn/Languages/english-what-is-arn/. A complaint to the National Board of Consumer Disputes must be in writing. Please note that certain limitations in time and value apply. InCharge undertakes to participate in the National Board of Consumer Disputes’ processing of the dispute. More information on your consumer rights are available at www.konsumenternas.se.

9.14 You also have the right to use the European Union’s online dispute resolution platform available at ec.europa.eu.

9.15 More information about online dispute resolution is available at www.konsumenteuropa.se

9.16 If legal actions are brought against you by InCharge, the courts of Sweden shall have jurisdiction to settle any dispute. InCharge does however have the right to bring legal action against you with a court in another country if you are resident in or hold assets in such a country.

9.17 Distance Contracts Act. In accordance with the Swedish Distance Contracts Act (Sw. lag 2005:59 om distansavtal och avtal utanför affärslokaler) you, as a consumer, have the right to withdraw from the Agreement entered into with InCharge as it has been entered into on distance (withdrawal right). If you wish to exercise such withdrawal rights you must contact the Customer support within 14 days from the date of the entering of the Agreement or from the date you were fully aware of the exact information contained within the Agreement. If you exercise your withdrawal right, InCharge has a right to compensation for services provided during the time you have used them and for costs incurred up until the time the withdrawal right was exercised.

Terms & Conditions