Last Updated : July 26, 2016
This Agreement contains 27 sections. You may go directly to any section by selecting the appropriate link below. The headings are for reference only. Some capitalised terms have specific definitions in section. Underlined words in this Agreement contain hyperlinks to further information.
This Agreement is between you and TransferWise, Inc., concerning your use of (including any access to) the Services, as defined below and including the Website, App, and other TransferWise Materials.
By registering for a TransferWise Account or otherwise using the Services, you are agreeing to be bound by this Agreement and consenting to receive communications related to Services or your TransferWise Account in electronic format (as set forth in Section 18 below), and you affirm that you are at least eighteen (18) years of age and legally capable of entering into this Agreement.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Website or App. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access via any third-party links); charge, modify or waive any fees required to use the foregoing; or offer opportunities to some or all users.
Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tell you who we are, how we may provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information.
We recommend that you print a copy of this Agreement for future reference. You can always view the most current version on our Website or App.
This Agreement refers to the following additional documents, which also apply to your use of our Services:
TransferWise, Inc. is a company incorporated in Delaware. (“TransferWise”, “we”, “us”, or “ our” as applicable). In the United States, we are licensed as a money transmitter in the states listed here. We only offer our money transmission services in the states in which we are licensed or in the states that do not currently require us to be licensed to provide our services. In other U.S. states, money transmission services are offered by our partner financial institutions. The terms and conditions governing those transactions are located here.
The TransferWise services enables the transmission of funds to recipients (“Recipients”). Funds are transmitted to Recipients via electronic funds transfer, wire transfer, card payment, or other electronic methods. We retain full discretion to refuse to accept any user or to complete any instruction to send money (a “payment order”) at any time.
If you are an individual, you must be 18 years or older to use our Services, and by opening a TransferWise Account you declare that you are 18 years or older. We may require at any time that you provide evidence of your age. You must hold a U.S. bank account that will be the source of funds for transfers using our Services. The bank account must be in your name and you must exercise legal authority and control over the account.
By opening a TransferWise Account you confirm to us that your opening and use of a TransferWise Account does not violate any laws or regulations applicable to you. You must comply with all applicable laws, rules and regulations in opening a TransferWise Account and using the Service. Any use of the Service is at your own risk; you, and not TransferWise, take responsibility for any consequences of your breach of this Section 3. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
In order to use our Services, you must first open a TransferWise Account by providing certain information.
For legal reasons, all information you provide during the signup process or any time thereafter must be complete, accurate and truthful. You must update this information whenever it changes. We may refuse to provide or may discontinue providing the Services to any person or entity at any time for any reason.
We treat all activities under a TransferWise Account to be those of the registered user. You must only use the Services to transact on your own account and not on behalf of any other person or entity.
You may only open one TransferWise Account unless we explicitly approve the opening of additional accounts. TransferWise may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, TransferWise may close or merge these duplicate accounts without notification to you.
You acknowledge that we may be required by law to carry out certain security and customer due diligence checks on you in order to provide Services to you. You may need to provide additional information (in a format acceptable to us) so we can verify your identity as a condition of processing your payment order or otherwise providing our Services to you. To the extent permitted by applicable law, we may make, directly or through any third party, any inquiries we consider necessary to validate information that you provide to us, including checking commercial databases or credit reports. By registering for or opening a TransferWise Account, or by submitting a payment order, you authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your TransferWise Account with us or in the event of a dispute relating to this Agreement or activity under your TransferWise Account.
In addition, to help the government fight the funding of terrorism and money laundering activities, federal law requires that we obtain verify and record information that identifies certain persons to whom we provide certain types of services. What this means for you is that when you use our Services, we may require you to provide information including name, address, date of birth, phone number, email address, and other information that will allow us to identify you. We may also require that you provide taxpayer identification information and other documentation, which could include your passport, driver’s license, or other non-expired government issued photo identification. We may also contact you if we have additional questions.
You must ensure that the information contained in your TransferWise Account is always accurate and up to date, and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
We may contact you by e-mail or in other ways described in Section 18 with information or notices regarding your TransferWise Account. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We will not be liable for any consequence or loss if you don’t do this.
Never disclose your TransferWise Account password or your customer reference number (see our FAQ for more information about these credentials). Keep them safe. Change your password regularly. We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password, and contact Customer Support if you are not sure about this, or any other security-related aspect of your TransferWise Account. Review third-party recommendations on the creation and use of passwords, for example: https://support.google.com/accounts/answer/32040?hl=en. You must never let anyone access your TransferWise Account or watch you accessing your TransferWise Account.
If you suspect your TransferWise Account, login details, password or any other security features are stolen, lost, used without authorisation or otherwise compromised, you are advised to change your password. Contact Customer Support immediately if you believe your credentials have been compromised or you are suspicious about the security of your password or any such other security features. The compromise of your credentials could enable thieves to access your bank account and attempt transactions not authorized by you. Telephoning us is the best way to minimize your risk of loss, as any undue delay in notifying us may not only affect the security of your TransferWise Account, but you, and not TransferWise, will be responsible for any financial losses arising from such delay (or arising from any security compromise whatsoever), subject to any right to cancel or refund a transaction you might have under applicable law. In addition, contact us AT ONCE if your transaction history for your TransferWise Account shows transactions that you did not initiate.
We rely on you to regularly check the transactions history of your TransferWise Account and to contact Customer Support immediately in case you have any questions or concerns.
In the case of what you believe to be any incorrect or misdirected payment, please see the information in Section 8 below regarding cancellation of your payment order and errors in your payment order.
We may (but are not obligated to) suspend your TransferWise Account or otherwise restrict its functionality if we have concerns about:
We will seek to notify you of any suspension or restriction, and of the reasons for such suspension or restriction, as soon as we can, unless notifying you would be unlawful or compromise our reasonable security interests.
You must make sure that your e-mail account(s) are secure and only accessible by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your TransferWise Account. Let Customer Support know immediately if your email address becomes compromised.
Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
Additional TransferWise products or services you use may have additional security requirements, as notified to you by us, and you must familiarise yourself with those requirements.
You, and not TransferWise, are responsible for all losses relating to any unauthorised transactions from your TransferWise Account if you have acted fraudulently or failed, either intentionally or through gross negligence, to use your TransferWise Account in accordance with the terms of this Agreement.
Your Payment Order
You must submit payment orders online via your TransferWise Account. Your order may either be:
You can only place a Fixed Target Order where the Source Currencies are GBP (British Pound), EUR (Euro), USD (U.S. Dollar), AUD (Australian Dollar), BGN (Bulgarian Lev), CHF (Swiss Franc), CZK (Czech Koruna), DKK (Danish Krone), HUF (Hungarian Forint), NOK (Norwegian Krone), NZD (New Zealand Dollar), PLN (Polish Zloty), RON (New Romanian Leu) and SEK (Swedish Krona).
To initiate a payment order via your TransferWise Account, you need to provide the following information to us:
We may limit the amount of your payment order consistent with our obligations under applicable law and at our discretion in providing the Services.
Once we have received your payment order, we will send you a confirmation by email that we have received it. Each payment order is given a unique transaction ID and is shown in the transaction history on your TransferWise Account. You should quote this transaction ID when communicating with us about a particular payment order.
Execution of your payment order
We will only process your payment order once we have received the relevant funds and the fees specified in Section 9 from you. It is your responsibility to send us the money in a timely manner. We can not be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.
For legal reasons we may need to carry out verification checks as specified in Section 5, and it is important to warn you that those checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
The completion time of your payment order (i.e., the date on which funds will be available to the recipient) is notified to you on your confirmation when you complete your payment order. You may also find further information regarding the completion time in the Frequently Asked Questions section of our Website, please refer to the the applicable currency of your payment order.
We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient once we make the funds available to the recipient’s bank or payment provider.
Refusal of your payment order
We reserve the right in our sole discretion to refuse any payment order. Reasons for refusal may include but are not limited to an inability to match your TransferWise Account information with your bank account details, incorrect information about the recipient, or insufficient available funds. We generally will attempt to notify you of any refusal, using the contact information provided as part of your registration, stating (where possible) the reasons for such refusal and explain how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
Cancellation of your payment order
Personal, Family or Household Transactions
If your transaction is for personal, family or household purposes, you may cancel your payment order for a full refund (a) by notifying us by telephone at 1-888-908-3833, or by email at email@example.com, within thirty minutes of authorizing your payment order, (b) by telephone at 1-888-908-3833, or by email at firstname.lastname@example.org, at any time thereafter if the payment order has not yet been converted in accordance with your instructions, or (c) as may be required by applicable law. You must provide any and all information necessary to identify the transfer that you wish to cancel, including (i) Your name, address and telephone number; (ii) The name of the person receiving the funds; (iii) The dollar amount of the transfer; and (iv) The intended destination location. We will issue a refund within four (4) business days of your request, provided that the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel a transaction under any circumstances if the funds have been disbursed or deposited to the recipient.
Business or Corporate Transactions
If your transaction is for business or commercial purposes, you may cancel your payment order for a full refund (a) by notifying us by telephone at 1-888-908-3833, or by email at email@example.com, up until your order has been converted in accordance with your instructions, or (b) as may be required by applicable law. You must provide any and all information necessary to identify the transfer that you wish to cancel, including (i) Your name, address and telephone number; (ii) The name of the person receiving the funds; (iii) The dollar amount of the transfer; and (iv) The intended destination location. We will issue a refund within four (4) business days of your request, provided that the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel a transaction under any circumstances if the funds have been disbursed or deposited to the recipient.
Errors in your payment order
You must make sure that the information you provide to us in a payment order is accurate. Once a payment order is processed, it cannot be reversed and, except as expressly set out in this Agreement, we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions. If you believe there to be an error in connection with a payment order or other problem, then you should notify TransferWise Support at firstname.lastname@example.org or 1-888-908-3833 no later than 180 days of the date we disclosed to you that the funds would be made available to the recipient. When you do, please tell us as much of the following information as possible: (1) Your name and address; (2) The error or problem with the transfer, and why you believe it is an error or problem; (3) The name of the recipient, and if you know it, telephone number or address; (4) The dollar amount of the transfer; and (5) The confirmation code or number of the transaction.
We will investigate and determine whether an error occurred within 90 days after you contact us. We will inform you of our determination within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation. If we determine that an error has occurred, we will offer you the option of obtaining a refund or making available to the designated recipient the funds necessary to resolve the error. Please note we are only required to refund fees where we failed to make funds available to the recipient by the date of availability we specified, unless you provided incorrect or insufficient information to us.
You can fund your payment order using the payment method(s) indicated to you when you place the payment order with us, which may include payment via ACH pull direct debit, international wire transfer (SWIFT), debit or credit card payment, or, if you choose to initiate the transfer of funds from your bank account, an ACH push or domestic wire transfer. No other payment methods are accepted, including cash, mailed check, or electronic check. There may be financial limits for particular payment methods or currencies, please visit the Frequently Asked Questions section for more information.
You may only use a payment instrument (such as bank accounts, credit cards or debit cards) to fund your payment order if it is in your name. To keep all our customers safe, we take any violation of this requirement very seriously and will treat any attempt to add a payment instrument of which you are not the named holder as a fraudulent act.
Payment by ACH Pull Direct Debit
If you choose to pay for your transfer using our ACH Pull direct debit feature, you will need to provide your bank account details, including your bank account number and routing number (each such bank account is deemed “Your Bank Account”). When you choose to pay for your transfer using our ACH Pull direct debit feature and provide Your Bank Account details, you confirm that Your Bank Account payment details are correct, that you are authorized to access and transmit funds from Your Bank Account, that Your Bank Account is in good standing with the account-holding financial institution, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from Your Bank Account.
When you choose to pay for your transfer using our ACH Pull direct debit feature and by providing Your Bank Account details and requesting a transaction, you authorize us to initiate electronic credits and debits to Your Bank Account through the automated clearinghouse (ACH) network in order to process the requested transaction, including any applicable fees and charges. Your authorization shall remain in effect for any transactions that you have authorized while a registered user with the Service unless canceled in accordance with this Agreement.
Payment by Debit or Credit card
If you choose to pay for your transfer via debit or credit card, provided we offer such options, you will need to provide your card details, linked to Your Bank Account, including your card number and cardholder name (each such card details is deemed “Your Card Details”). When you choose to pay for your transfer via debit or credit card, you confirm that Your Card Details are correct, that you are authorized to access and transmit funds from Your Bank Account, that Your Bank Account is in good standing with the account-holding financial institution, and that you have the authority to initiate a debit or credit card payment (“Card Payment”) in the amount at issue to or from Your Bank Account. You authorize us to initiate credits and debits to Your Bank Account through card payment networks in order to process a requested transaction, including any applicable fees and charges. Your authorization shall remain in effect for any transaction that you have authorized while a registered user with the Service unless canceled in accordance with this Agreement.
Payment by Wire or ACH Push.
If you choose to pay for your transfer using the ACH Push, domestic wire or international wire (SWIFT) transfer method, then your payment order will remain inactive until we receive your funds (the “Deposit Payment”) to our specified account.
Deposit Payments must be made to our specified account via ACH Push, domestic wire transfer or international wire (SWIFT). If for any reason your transaction is cancelled or refused, then we will promptly return the deposit to Your Bank Account from which the transaction originated. In the event that we are unable to return the deposit, then we will promptly contact you using the most current contact information provided to us by you through your TransferWise registration.
We will let you know the exchange rate when you place your payment order. We offer automatic guaranteed rates on payment orders that involve conversion from U.S. Dollars to any currency that TransferWise supports:
We will let you know the guaranteed exchange rate at the time you place your payment order. If we do not receive your money during the Guaranteed Period, we will not be able to convert your money using the guaranteed rate, and your transaction will be canceled.
Please note that we are not a currency trading platform, accordingly, you should not use our Services for this purpose (including sending us multiple guaranteed rate payment orders without the intention of completing all the payment orders). If we detect that you are using our Services for this purpose, we may, at our option, set a limit on the number of guaranteed payment orders you may send to us or suspend or terminate your TransferWise Account.
The fees for your payment order will be disclosed to you when you place your payment order and prior to you confirming the transaction. You may also view the fee structure in the “Pricing” section of our Website. For clarity, the fees applicable to you in the “Pricing” section of our Website forms part of this Agreement and are subject to change.
You agree to pay the relevant fees using your chosen payment method when you send the funds to us. The fee will be charged at the time of origination of the transaction and not converted. Our fee does not include any fees that your bank or the recipient’s bank may charge. Those fees may be deducted from your deposit (in the case of your bank) or the delivered amount (in the case of Recipient’s bank). We will not process your payment order until we have received the applicable fee from you.
We and our suppliers own the Services, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include TRANSFERWISE and any associated logos. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
The Website and TransferWise Materials are licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to use the Services, you may, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis: (a) view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use, as necessary to use the Services as permitted hereunder; and (b) install and use the App on a mobile device that you own or control, and install and use any other TransferWise Materials on a computer that you own or control, solely for your personal, non-commercial use, as necessary to use the Services as permitted hereunder. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the TransferWise Materials and remove (that is, uninstall and delete) the TransferWise Materials.
“TransferWise Materials” include any TransferWise mobile software application (the “App”), and any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you for download from our Website.
You may not, and may not attempt to, directly or indirectly:
(a) transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services to any person or entity;
(b) remove, obscure, or alter any notice of any of our trade marks, or other “intellectual property” appearing on or contained within the Services;
(c) modify, copy, tamper with or otherwise create derivative works of any software included in the Services; and
(d) reverse engineer, disassemble, or decompile the Services, or apply any other process or procedure to derive the source code of any software included therein.
We may (but have no obligation to) monitor, evaluate, analyze, alter or remove any information or other materials that you transmit on, through or using the Services, or analyze your access to or use of the foregoing. We may disclose information regarding your access to and use of the foregoing, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
The Services are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory. We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this Section 11 and elsewhere in this Agreement) are made on behalf of both TransferWise and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
We will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of any information or other materials (including unauthorized interception by third parties of any information or other materials), even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, we will not be liable for damages of any kind resulting from causes outside our control, or from your use of or inability to use the Services, including from any Virus (as defined below) that may be transmitted in connection therewith. Your sole and exclusive remedy for dissatisfaction with the Services is to stop using the Services. The maximum aggregate liability of TransferWise for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of: (1) the total amount, if any, paid by you to TransferWise solely for the right to use the Services, and (2) ten U.S. Dollars ($10). All limitations of liability of any kind (including in this Section 12 and elsewhere in this Agreement) are made on behalf of both TransferWise and the Affiliated Entities, and their respective successors and assigns.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless TransferWise and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Services; and (b) any violation or alleged violation by you of this Agreement or applicable law.
We do not guarantee that the Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Services without notice. We will not be liable to you if for any reason the Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).
You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
You must not misuse the Services by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (a “ Virus”). You must not attempt to gain unauthorised access to the Services, or our servers, computers or databases. You must not attack the Services, including via a denial-of-service attack. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity or other information to them. In the event of such a breach, your right to access and use the Services will cease immediately without notice, and you must immediately cease all such access and use.
You may link to our Website, provided that you comply with the terms and conditions of this Agreement, and:
We reserve the right to revoke such permission without notice and for any reason.
We may terminate or suspend your TransferWise Account or your use of the Services at any time and without prior notice, for any or no reason, including if:
We will seek to inform you if your TransferWise Account or use of the Services is terminated or suspended, unless notifying you would be unlawful.
You may terminate your TransferWise Account with us at any time by contacting Customer Support.
Sections 5, 8 (with respect to any payment orders submitted prior to expiration or termination of this Agreement), 9 (with respect to any fees accrued prior to such expiration or termination), 11–13 and 17–27 shall survive any expiration or termination of this Agreement.
We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your TransferWise Account profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our Website or in the App. Any communications or notices sent by email will be deemed received by you on the same day if it is sent before 5pm on a Business Day. If it is sent after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
In addition to communicating via email, we may contact you via letter or telephone where appropriate. Any communications or notices sent by post will be deemed received three days from the date of posting for U.S.P.S. mail or within five days of posting for international post. Any communications or notices sent by SMS will be deemed received the same day.
You consent to receiving information relating to the Services or your TransferWise Account in electronic format. Where applicable law requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you. Upon your request, we will provide you with a paper copy of any communication that we provide to you electronically. If you would like a paper copy of any such communication, please write to us at: TransferWise, Inc., 19 W 24th Street, Floor 9, New York, NY 10010, ATTN: TransferWise Compliance or call us at 1-888-908-3833. There will be no charge for any such paper copy. All communications in either electronic or paper format from us to you will be considered to be in writing. You agree to promptly update your e-mail address if it changes, by providing such updated information through the Website. If you subsequently wish to withdraw your consent to receive future electronic communications, you must cease using the Services and terminate your TransferWise Account, as described in Section 17 above. Any withdrawal of your consent to electronic communications will be effective only after we have a reasonable period of time to process such withdrawal request. In order to access your TransferWise Account and any related electronic communications, you must have:
Such hardware or software requirements may change from time to time. We will post on the Website any changes in such requirements that may affect your access to electronic communications related to the Services or TransferWise Account. You should periodically check for such posted information.
If you need a copy of the current Agreement or any other relevant document, please Customer Support.
You may contact us via email, letter or telephone by using the details specified in the “Contact” section of our Website.
This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.
Certain Website or App functionality may make available access to information, products, services and other materials made available by third parties (“ Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third Party Materials through the Website or App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers . Please note that we do not endorse any of the products or services listed on such site.
If you have a question or complaint regarding the Services, please send an e-mail to email@example.com . You may also contact us by writing to TransferWise, Inc., 19 W 24th Street, Floor 9, New York, NY 10010, ATTN: TransferWise Compliance, or by calling us at 1-888-908-3833. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and TransferWise, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that TransferWise and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased . The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to TransferWise a written notice by mail, e-mail or fax, requesting that TransferWise remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to TransferWise a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Candy Ma as follows: By mail to Candy Ma, 19 W 24th Street, New York, NY 10010; by e-mail to firstname.lastname@example.org; or by fax to +1 347 630 9957. Candy Ma’s phone number is +1 203 885 7873.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.
You may only assign or otherwise transfer your rights or your obligations under this Agreement if we agree to this in writing. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.
Each of the terms and conditions of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms and conditions will remain in full force and effect.
If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
Notices to you (including notices of changes to this Agreement) may be made via posting to the Website or App or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to TransferWise in accordance with Section 21 above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Business Day means a day other than a Saturday, Sunday, federal or New York state holiday, on which our offices are open for business.
Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications, and services offered by us (including the Website and TransferWise Materials).
Source Currency mean the currency which you hold and/or fund your payment order.
Target Currency means the currency which your recipient will receive.
Website means any website, including but not limited to the website available at www.transferwise.com, where we provide the Services to you.