Nexo Card General Terms and Conditions
NEXO Mastercard® card (the “Card”) and the additional services specified herein (together with the Card, referred to hereafter as the “Services”) are developed and provided by DiPocket UAB (“DiPocket”) for Nexo Services UAB, registered in the Republic of Lithuania (company number 305743053) at Gedimino ave. 44A-201, Vilnius, the Republic of Lithuania (“the Partner”) under its electronic money institution license. Unless indicated otherwise, any action attributed or directed to NEXO hereto shall be construed as, respectively, performed by or directed to DiPocket.
These terms and conditions (“General Terms and Conditions”), the Card Terms and Conditions – if they were attached to or distributed with the Card (“Card Terms and Conditions”), the Tariff Table (“Tariff Table”) and the Limits Table (“Limits Table”), together referred to as the Agreement (“Agreement”), are applicable upon your acceptance of the Agreement. In case of any contradiction between the General Terms and Conditions and the Card Terms and Conditions, the Card Terms and Conditions shall prevail.
You may access a copy of the Agreement at any time by visiting nexo.com (the “Website”) or using the Nexo mobile application (the “App”).
By accepting this Agreement (which shall be done electronically following instructions provided in the App or the Website), you confirm that you had sufficient time to read and acquaint yourself with the Agreement, understood it and agree to comply with the provisions set therein. In case you do not understand or do not agree to specific provisions of the Agreement, you shall not conclude the Agreement or shall express your question and/or disagreement in writing by sending us a notice to the e-mail address indicated below in this Agreement, so that we can clarify and discuss particular provisions of the Agreement with respect to which you have expressed your questions and/or disagreement. For the avoidance of doubt, not all functionality described in the Agreement may be available for your Account. In case of doubt you shall contact us prior to accepting the Agreement.
DiPocket is a Financial Institution authorized and regulated by the Lithuanian financial supervisory authority - the Bank of Lithuania, which is located at: at Gedimino avenue 6, LT-01103, Vilnius, the Republic of Lithuania, telephone No. +370 800 50 500. Further details of the Bank of Lithuania are available at its official website: https://www.lb.lt/en/. DiPocket operates on the basis of the E-Money Institution License (Number 75) issued in the Republic of Lithuania on November 10, 2020. The electronic money institution license authorizes DiPocket to provide services that are listed in the license. The license may be found following the link: https://www.lb.lt/lt/frd-licencijos/view_license?id=1985.
DiPocket’s legal entity code is: 305599375, registered address is: Upės str. 23, 08128, Vilnius, the Republic of Lithuania (the “Address”). You can also contact DiPocket via e-mail: [email protected], or telephone number: +370 5 208 4858.
As an E-Money Institution DiPocket can receive and hold customer funds and process payments upon a customer’s request. DiPocket holds customer funds in segregated accounts held with banks operating in the EEA and with the Bank of Lithuania, meaning customer funds are segregated from DiPocket’s own funds. However, funds entrusted to us are not covered by Lithuanian deposit insurance scheme www.iidraudimas.lt/en/.
Notwithstanding what is stated above, please note that under this Agreement DiPocket does not issue electronic money to you, does not open you an E-Money account, nor does it store the funds or engages in any similar activity. Under this Agreement, DiPocket only issues the Card to you and provides the Services to you. The Card only has spending limits pursuant to the arrangements you have in place with the Partner, but no funds or E-Money are being stored in the Card or the Account opened with DiPocket.
DiPocket is a Principal Member of Mastercard® Inc.
The language of communication with reference to the Agreement and the Services is English or Lithuanian, the choice of which will be yours.
The Agreement is governed by Lithuanian law (and the same law will apply to establishing our relationship). Any legal terms implied by law will also apply to the Agreement. Rights and duties related to the provision of Services that are not discussed under this Agreement shall be regulated by the Law on Payments of the Republic of Lithuania. Any dispute arising out of the Agreement between you and DiPocket (the “Parties”), which we are unable to resolve to the Parties’ joint satisfaction through our complaint procedure, shall be settled by the Courts of the Republic of Lithuania.
Scope of DiPocket services
The scope of services provided to you by DiPocket is limited to Card issuing and its role is ancillary to the provisions of services by the Partner, the usage of which is governed by separate terms and conditions which you must agree with. If you are reading this Agreement, this means that you have decided to use the services provided by the Partner.
The services provided by the Partner are what is generally referred to as “crypto services”. These services are related to virtual assets (also generally called a “crypto asset”, "cryptocurrency," "virtual currency," "digital currency," or "virtual commodity"). Scope and nature of the services of the Partner are governed by the Partner’s terms and conditions which you can find at https://nexo.com/terms-and-conditions. DiPocket itself does not provide services associated with virtual assets – such services are not supervised nor subject to the same security or service standards as those applicable to financial services provided by DiPocket.
Each time you use the Card, the Partner settles with DiPocket the Card transaction. This service is provided by the Partner and it is governed under the arrangement between you and the Partner. We (DiPocket) do not provide any services under the Partner’s terms and conditions, we are not involved in your arrangements with the Partner, and we do not know the status of your services nor the positions you have in virtual assets.
Registering as a User (the “User”)
Registering as a user you become a customer of DiPocket (a “Customer”). To register as a User and open the account with Nexo (the “Account”) you must be aged at least 18 and be an EEA or UK citizen and/or resident. The Account it is not an E-Money account.
If you received or requested the Card from a third party provider to whom you have provided the information required to register as a User, and the consent to share such information with us, you may be already registered upon receiving the Card. By setting up the Personalised Security Features (defined below) and using the Card, you confirm your intent to register as a User and your agreement with the terms of the Agreement.
By law, we must check your identity prior to registering you as a User and we do this based on the information you provide to us during the registration process.
If we are unable to confirm your identity and/or any relevant registration information based on the information provided, we are entitled to ask for any further evidence of your identity and to ask you to hold a short live phone interaction with our operators and/or carry out such further checks as it deems necessary to establish your identity. If we are unable to do this, we may refuse to serve you or enable the extra functionality reserved to registered Users and/or inform the appropriate authorities without your knowledge or consent. We will register you only if the results of the KYC process allow us to on-board you as a User.
As part of your eligibility to use a DiPocket account, you agree and confirm that you are an individual acting solely on your own behalf, in an individual capacity, and you are not acting in a business capacity or for any other commercial purpose. Furthermore, it is not permitted to use the Account:
- to organize and/or conduct sweepstakes, gambling, sales or trading;
- for copyright infringement;
- for testing other financial services providers or to generate transactions for the purpose of benefitting from other financial service providers loyalty offers;
- to discredit individuals or legal entities;
- in a way that can lead to complaints, disputes, refunds, and the emergence of other obligations to DiPocket and Nexo, other users or third parties;
- to receive or send funds obtained by fraud or in violation of the law;
- to carry out any activity in violation of the law;
- to circumvent DiPocket’s policies, including but not limited to attempts to create additional accounts to exceed usage limits or circumvent blocking by DiPocket of an existing Account.
If you give us false or inaccurate information and/or we identify fraud, we will record this with fraud prevention agencies, including but not limited to the Bank of Lithuania, the Financial Crime Investigation Unit of the Republic of Lithuania and other competent institutions, including law enforcement as the case may be. Law enforcement agencies may access and use this information. The fraud prevention agencies will share records with other organisations. We and other organisations may access and use the information recorded by fraud prevention agencies across borders. We may also block or cancel the Card and terminate the Agreement.
We carefully safeguard your personal data (the “Personal Information”) and, in particular, we are responsible for the security of sensitive cardholder data we process and transmit on your behalf, such as name, surname, personal identification number, date of birth, address, e-mail address, telephone number, facial image, live video recording, identity document data and a copy of the document, transaction data, PAN, expiry date, CVV, payment account number, IP address, citizenship, employment, public office, other applicable data required by money laundering and terrorist financing prevention legislation. DiPocket is the data controller of your Personal Information that you provide to us. If you wish to contact us about the processing of your Personal Information, please contact our Data Protection Officer at [email protected]. Subject to your explicit consent, we may transfer your Personal Information to third parties, also explaining the intended use of the transferred Personal Information. When you provide your consent to such transfer, the specified third party becomes the Data Controller of the Personal Information we transfer to them. You can withdraw your consent at any time using the App or the Website.
Your Personal Information will be processed for the purposes described in the Agreement, including for contractual reasons, in order to provide you with the Services e.g., to produce cards for use with the Account and to provide you with Account-related communications, for purposes where we have a legal right or a legal obligation including for tax and accounting reasons, or for fraud and money laundering detection and for marketing where you consent to this.
You have a right of access to your Personal Information and you can correct (rectify) that Personal Information at any time.
We will process the Personal Information which you provided to us during the registration process. The Personal Information you provide at registration is both a statutory requirement and necessary for us to enter into the Agreement. Providing your Personal Information to us is voluntary; if you do not provide us with the necessary information and documents, we will not be able to perform the Services. You have a right to ask us to restrict processing or to erase your Personal Information and where you make this request we will apply your instructions to any third parties who are processing your Personal Information on our behalf, and we will consider your request in the light of our legitimate interests. Where a request to erase Personal Information is received on behalf of a minor, we will take extra care to consider the impact on them of any decision we make.
You also have a right to object to the processing of your Personal Information, provided it is processed based on public interest or our legitimate interests. Furthermore, you may also ask us to provide your Personal Information in machine-readable form back to you, for onward sharing with another data controller or to provide this data to a third party for their use, at your direction.
Where you have given us your explicit consent for the processing of Personal Information, you also have the right to withdraw this consent at any time by contacting us at [email protected]. However, such withdrawal will not affect the lawfulness of the processing carried out before the withdrawal was submitted.
If you feel your rights and freedoms in relation to processing your Personal Information have been infringed in any way, please let us know so that we can attempt to resolve the issue. The Personal Information also comes from your usage of the Card, including information about payments you make or receive, and from your other interactions with us, for example through social media, and, if it is compliant with the applicable law, from third parties such as credit reference agencies (who may check the Personal Information against other databases – public or private – to which they have access) or fraud prevention agencies.
Subject to your consent, we may also monitor or record telephone calls between you and us or capture images or video recordings during our interactions. We will use these recordings for risk management and fraud prevention purposes, to check your instructions to us, and for training and quality purposes.
If you give us Personal Information about other people including minors which we use to provide the Services, then you confirm that (i) you have ensured that they agree to our holding and use of that data or that you are otherwise allowed to give us this Information and consent on their behalf to our holding and use of it, and (ii) you have provided them with all the Information contained in this Policy, regarding the processing of personal data as required under the applicable law.
If you cancel or we decline your registration or you decide not to go ahead with it, we will keep the Personal Information for as long as we are allowed to under applicable law and for legitimate business purposes, to help prevent fraud and other financial crime, and for other legal and regulatory reasons:
- According to law on the prevention of money laundering and terrorist financing of Republic of Lithuania, register data, copies of your identity documents, the identity data of the beneficial owner, the identity data of the beneficiary, direct video streaming/direct video broadcasting recordings, other data received at the time of establishing your identity, and account and/or agreement documentation (originals of the documents), and the documents confirming a monetary operation or transaction and data or other legally binding documents and data related to the execution of monetary operations or conclusion of transactions shall be stored for eight years from the date of termination of transactions or business relationships with you;
- According to law on the prevention of money laundering and terrorist financing of Republic of Lithuania, correspondence with you shall be stored for five years from the date of termination of transactions or business relationships with you;
- Time limits for storage may be additionally extended for up to two years upon a reasoned instruction of a competent authority.
If the Personal Information is no longer required for the abovementioned reasons, we will delete it.
If you wish to obtain a confirmation as to whether or not Personal Information concerning you is being processed by us, you can request a free copy of it by requesting this at [email protected].
According to art. 13.2 (d) of General Data Protection Regulation (2016/679) you also have a right to lodge a complaint with your national Data Protection Authority.
How we use the Personal Information
We use the Personal Information for security, identity verification, to communicate with you and to comply with the law.
Specifically, if it is compliant under the applicable law, we and other DiPocket Group companies may use the Personal Information to pursue our legitimate interests:
- to carry out regulatory checks and meet our obligations to our regulators;
- to prevent and detect fraud, money laundering and other crime (such as identity theft);
- to tell you about products and services which may be of interest to you (direct marketing) – if we do so we will provide you with a method to notify that you wish to opt out of such communications, and we will honour your instructions;
- to develop and improve our Services through assessment and analysis of the Personal Information including credit and/or behavioural scoring, market and product analysis, and market research.
We will never pass the Personal Information to a third party for them to use in their own direct marketing without your consent.
Who we can share the Personal Information with
We will keep the Personal Information confidential, but we may share it with other entities (who are also bound to keep it secure and confidential) if we have a duty to disclose it, if it is required for the provision of our Services to you, or for legitimate purposes including business purposes and where your rights or freedoms are not infringed. Where we rely upon ‘legitimate purposes’ as a justification for our processing of the Personal Information, we will carry out an assessment, called a ‘Legitimate Interests Assessment’ and keep a record of it.
In particular, if this is compliant with applicable law, we may share the Personal Information with:
- other DiPocket Group companies, including to fulfil our obligations to identify you;
- our service providers and agents (including their sub-contractors) such as providers of data center, cards processor, cards bureau (if we issue a physical card for you), SMS messaging service providers;
- to other third parties (including their sub-contractors) who perform part of the Services or support your transactions, such as Mastercard and our partner banks in the EEA who provide, amongst other things, for the safeguarding of the funds;
- anyone to whom we transfer or may transfer our rights and duties in the Agreement;
- Lithuanian and other regulators and authorities in connection with their duties (such as crime prevention);
- fraud prevention agencies, in particular, we will always tell fraud prevention agencies if you give us false or fraudulent information. They will also allow other organisations (in Lithuania or other countries), including law enforcement agencies, to access this information to prevent and detect fraud, money laundering or other crimes. You can write to us at [email protected] for the details of the fraud prevention agencies with which we share the Information;
- any third party after a restructure, sale or acquisition of any DiPocket Group company, provided that they use the Personal Information for the same purposes as it was originally given to us and/or processed by us.
Transfer of Personal Information
We may process the Personal Information abroad, within or outside the European Union, provided we comply with the applicable laws and regulations. Where we are sharing the Personal Information with organisations outside of the EEA, we will ensure they agree to apply equivalent levels of protection as we do. We use legal mechanisms, such as standard contractual clauses as indicated in General Data Protection Regulation (2016/679) art. 46 to implement the cross-border transfer of your personal data; or implement security measures like anonymization on the data before the cross border data transfer. For any inquiries on means that safeguards data transfer outside EU please contact us at [email protected].
We will transfer data to any entity who you authorise us to share information about the Account with, provided they are listed as a suitably authorised entity at the time of your request. We will rely upon your instructions to the third party to access account information from us, as evidence of your consent to share your data.
Requirement to update your Personal Information
You must notify us immediately of any and all data and circumstances that have changed with regard to the data set out in the Agreement, or the documents submitted to us (e.g., changes in personal or contact details, residency or tax residency, loss or theft or other reason for change of an identity document) as well as of any and all circumstances that may affect the fulfilment of your obligations towards us (e.g., commencement of bankruptcy procedures of a natural person). We may request documentary evidence of the changes, which you must provide. This notification obligation applies even if the above changes have been made public (e.g., registered in a public register or published through the mass media). If you fail to fulfil the notification obligation, DiPocket is entitled to assume the correctness of the data at DiPocket’s disposal, unless otherwise prescribed in the jurisdiction of your residency.
Notices and exchange of information
We may provide you with all information electronically via the Website, App, e-mail or mobile phone, unless otherwise established in the applicable laws. We are entitled to use third-party services for processing or delivering electronic notices and information to you.
If, in accordance with the applicable laws and/or this Agreement, you have the right to terminate the Agreement, you shall send the termination notification to [email protected].
Unless otherwise stipulated by the applicable laws, any notice given by DiPocket must be considered to have been received if sent by e-mail or via the App or other electronic means of communication, on the day of technical dispatch.
Using the Card
The Card is a Mastercard bearer debit card. It is valid until its expiry date, which is visible on the front of the Card – or on the Card image accessible online for virtual cards and payment bands.
To activate plastic cards please follow the instructions provided with the Card. Also, you must:
- not allow anyone else to use the Card;
- not reveal your PIN or the Code;
- not write down your PIN, unless you do this in a way that would make it impossible for anyone else to recognise it;
- delete the PIN from your mobile phone when you receive it;
- only release the Card, card number, PIN or the Code to make (or try to make) a transaction with a merchant or ATM displaying the Mastercard® Acceptance Mark.
You can use it at all locations that display the Mastercard Acceptance Mark: for purchases in physical stores – including contactless, and at automated teller machines (“ATM”) for cash withdrawals as well as for online and telephone purchases. You can also enrol it in Apple Pay and Google Pay. It allows you to receive cash-back when making purchases in physical stores, however it cannot be used for other cash transactions such as withdrawing cash from a bank and purchasing traveller’s cheques or foreign exchange from a bureau de change. Limits and fees apply.
The Card is automatically registered for Mastercard Identity Check, to enhance security. When using the Card for online purchases, you may be required to enter on the merchant site a code (the “Code”) that will be sent to your mobile phone number or to authorise a transaction via the App.
In so far as this is not a result of our negligence, we will not be responsible nor liable for a retailer’s failure to or delay in accepting the Card nor for an ATM failing to issue cash. In these circumstances, we will not be liable for the way in which you are told about any refusal or delay.
All transactions require authorisation. Authorisation is also your instruction for us to carry out a transaction. We will not normally authorise a transaction if the balance on the Card is insufficient to cover the transaction and any related transaction fee. If, for any reason whatsoever, you are able to make a transaction when there are insufficient funds on the Card (the “Shortfall”), we will seek reimbursement of the Shortfall from you immediately. You may ask us to provide you with information about transactions for up to 5 years from the date of the transaction.
For a contactless transaction:
(a) below the limit applicable in the country where you are using the Card (“Contactless Limit”), which is outside the control of DiPocket, a transaction is deemed authorized upon transmission of the details of the Card that are required to execute the transaction, by placing the Card in the proximity of the device that allows for reading the data saved in the Card contactless module; and
(b) In excess of the Contactless Limit, the transaction is deemed authorized by entry of the PIN number on the acceptance terminal. Please note that in certain countries contactless transactions with PIN are not available.
In so far as this is not a result of our negligence, we are not obligated to authorise a transaction where a system problem occurs or events outside our reasonable control arise. In addition to that we are not obligated to authorise a transaction where we are concerned about misuse of the Card. We shall not be liable to you when a transaction is not authorised in these circumstances and/or if we cancel or suspend use of the Card.
If the Card is lost or stolen, or someone else finds out the PIN, or if you think the Card, card number, or PIN may be misused, you must:
- block the Card immediately calling us on +370 5 2084858 (we have a 24 hour service) so that we can block the Card;
- stop using the Card, card number or PIN immediately.
We will block or restrict the Card or PIN on justified grounds relating to:
- the security of the Card, card number or PIN. For example: when the wrong PIN is entered several times in a row;
- the suspected unauthorised or fraudulent use of the Card or PIN. For example: where we detect that another person uses the Card, we consider activity suspicious or abnormal, etc. We will, if possible, inform you before blocking, or restricting the Card or PIN that we intend to do so and the reasons for doing this. If we are unable to do so, then we will inform you immediately afterwards. The requirement to inform you does not apply where it would compromise reasonable security measures, or it would be unlawful to do so;
- AML transfer verification checks. In line with the mandatory requirements for the prevention of money laundering and terrorist financing, we have implemented an automatic account blocking system where algorithms check all transactions and block transfers (accounts) which our system considers suspicious (automatically). Upon receiving a system report of suspicious activity, our compliance team performs a manual check, during which our specialists thoroughly evaluate the automatically detected suspicious activity. At this stage, you may be asked to provide additional documents or explanations. The account is unblocked when the validity of the transfer is verified. In case the collected information does not dispel doubts about the validity of the transfer, we may close the account;
- situations where it is not possible for the supplier to obtain online authorisation to confirm that you have sufficient balance for the transaction. For example: transactions on certain trains, ships, and some in-flight purchases, and
- purchases at service stations when the merchant verifies your PIN with us without providing the final amount of your purchase.
A Card transaction will be regarded as authorised by you when you authorise the transaction by following the instructions provided by the merchant, retailer or ATM, which may include:
- entering your PIN or providing the Code;
- providing the Card details and/or any other details as requested;
- waving or swiping the Card over a card reader for the purpose of making a payment.
When we suspect there may be an attempt to use the Card fraudulently, we may ask you to confirm a transaction prior to or after authorising it.
Authorisation for a transaction may not be withdrawn or revoked by you.
You may demand from us the return of the amount of an authorized transaction initiated by or via the recipient, if such transaction was already executed while:
(a) the amount of the transaction was not determined precisely when it was being authorized; and
(b) the amount of the transaction is higher than the amount you could expect, taking account of the type and value of previous transactions, provisions of the Agreement and any significant circumstances of the case.
You may request such refund within 8 weeks from the date of the transaction.
Using the Card in foreign currencies
If you make a payment with the Card in a currency different from the currency of the Card, the amounts will be converted by Mastercard on the date they process the transaction, using the exchange rate they use for all such currency conversions. This means the rate of exchange may differ from the rate on the date you made the card payment, if the payment is processed by the card scheme after that date. The foreign exchange rate used by Mastercard can be found on www.mastercard.co.uk/en-gb/consumers/get-support/convert-currency.html. We also charge a fee based on the payment amount, as shown in the Tariff Table.
Card terminals may offer you the option of seeing the payment amount or withdrawal in the currency of the Card or in a currency other than the cash withdrawal or purchase currency and allow you to choose to pay that amount in that currency. The exchange rate used for this will generally be provided by the operator of the terminal or ATM, so it won’t be under our control and won’t be covered by our Tariff Table. Please check the exchange rate at the ATM, the terminal or with the respective operator before authorizing the transaction.
As soon as practical after you make a Card transaction in foreign currency we will display as part of the transaction information we provide in the App or the Website, details of the amount of the conversion to the currency of the Card and how the exchange rate applied by us compares to reference rates published by the European Central Bank.
Restrictions on the functionality of the Account
You may only use the DiPocket account to make purchases of goods and services, and to receive and send funds in accordance with applicable legislation and this Agreement.
If we have reasonable cause to believe that you have violated the requirements of this Agreement or applicable legislation, DiPocket may take measures to protect itself, its customers and Users or third parties. In this case, DiPocket may, amongst other things, do the following:
- restrict, suspend or close access to the DiPocket Account or to any of its services;
- notify users who have mutual settlements with you, their bank, their issuer or law enforcement authorities;
- require you to update any incorrect or incomplete information that you have provided;
- cancel the Services (in which case we will give you notice in accordance with these terms).
Keeping the Card and Account safe
You must keep safe at all time the Card details – including PAN (the 16 digits number displayed on the front of the Card), expiry date, CVV (the 3 digits number, displayed on the back of the Card), PIN (Personal Identification Number), and any passwords and devices you use to access security details of the Card and/or Account by any method (together the “Personalised Security Features”). This also includes any Card details in e-wallets, on retailer’s websites or on devices such as mobile phones. If you have registered a Card on a device or within an e-wallet this will include passwords and security processes used to access your device or e-wallet (device ID, passcodes or passwords) and any fingerprints or other biometric or identification methods stored in your device. Please note that not all Personalized Security Features may be applicable to the Card.
We will never contact you to request any of your Personalised Security Features and we will not ask anyone else to do so on our behalf. If you receive such a request it is likely to be fraudulent and you must not supply any of your Personalised Security Features in any circumstances. You should report any such activity to us immediately. Treat emails received from senders claiming to be us with caution and be wary of emails asking you for any Personalised Security Features.
When you call us we may need to identify you, depending on the nature of your query. We may do this by asking for certain information (such as answers to questions) known only to you and requesting random digits of certain passcodes or passwords, but we would never ask you for a full PIN or passcode. You must not give these to anyone who asks for them, even if that person appears to be an official.
You are responsible for the quality, safety, legality or any other aspect of any goods or services that you buy with the Card. Any disputes about purchases or payments made with the Card must be settled with the goods or service provider concerned.
If you become aware of the loss, theft or misappropriation of the Card or of its unauthorized use, call us straight away on +370 5 2084858.
Balance and statements
To view the available balance and transaction history please visit the Website or use the App, if available. By accepting the General Terms and Conditions you specifically agree not to receive paper statements.
Upon your request DiPocket will provide additional statements and/or transaction records, on paper or otherwise. You may ask us to provide you with information about transactions for up to 5 years from the date of the transaction, even after termination of the Agreement, and we will provide it to you free of charge in electronic form, as well as paper form if you so wish. Fees may apply in case you ask us for information more often than twice a month, however, only to the extent of our incurred costs.
You must pay all relevant fees for the Services. The applicable fees are established in the Tariff Table which is available on the Website.
Fees and other amounts payable by you shall be debited to the Account, unless otherwise specified in the Tariff Table.
If there are no funds on the Account or if the funds are insufficient to cover the fees, other claims and the debts arising from the Agreement, we are entitled to suspend provision of the Services to you until such fees and indebtedness are covered. Notwithstanding the above, we will only charge applicable monthly fees until there is a positive balance on the Account and we will not charge uncollected monthly fees retroactively.
We shall notify you of changes of the fees in the Tariff Table with 60 days’ prior notice, following the same procedure as provided in section “Changes to the Agreement” below.
If something goes wrong
If you suffer loss because of an unauthorised transaction occurring as a result of:
- the use of a lost or stolen Card; or
- where you have failed to keep safe the Personalised Security Features and,
- you failed to tell us about the loss of the Card or compromising of your Security Details,
the most you will have to pay is EUR 50 for each instance of loss, theft or misappropriation, converted to Card or Account currency using the average Bank of Lithuania exchange rate on the day of the conversion if the Card is not issued in EUR.
Where you have either deliberately or with gross negligence:
- failed to keep your Security Details safe, or
- failed to tell us as soon as possible that
you have lost the Card (especially if you think someone else might have been able to find it),
the above limitation of liability to EUR 50 will not apply to any loss incurred prior to notifying us of the issue.
If we can show that you have acted fraudulently in incurring a loss as a result of an unauthorised transaction, you may not benefit from any of the liability limitations set out above.
You have 13 months to notify us of an unauthorised, non-executed or incorrectly executed transaction. Provided you notify us within this timeframe and the payment was unauthorised, non-executed or incorrectly executed, we will immediately, as appropriate and in accordance with our regulatory obligations, refund the amount of the transaction to the Account. In case of errors or disputes about transactions, contact us via dipocket.org/en/contact or call us straight away on +370 5 2084858.
If the Card is used without your permission, or is lost, stolen or if you think the Account may have been misused, we may ask you to write us within seven days to confirm the loss, theft or possible misuse at the Address. We may disclose to law enforcement agencies any information which we reasonably believe may be relevant.
If you believe you have been tricked into transferring money to the account of someone you don’t know or have transferred money in good faith from the Account but have not received the goods or services contracted for (the “Authorised Push Payment scams”), you can contact us and we will investigate for you and try to recover the money, however we will bear no liability save that which may be imposed upon us by applicable laws and regulations at the time of the Authorised Push Payment scam.
Our liability towards you
Within the limits permitted under the applicable laws, and subject to the limitations defined in this Agreement, we are liable for due performance of our obligations set out in this Agreement.
You cannot claim a loss or damage from us if:
- you are claiming for loss of business, loss of goodwill, loss of opportunity or loss of profit – we will not be liable for these in any circumstances;
- you have acted fraudulently or with gross negligence;
- you are in breach of the Agreement, or provided DiPocket with any incorrect information if there is a clear causal link with the damage;
- our failure was due to abnormal and unforeseeable circumstances outside our control, which meant we couldn’t follow our obligations under the Agreement despite our best efforts to do so, for example, a hardware breakdown, strike, or a major problem with a payment system;
- you are claiming for consequential loss which is not reasonably foreseeable as a result of our breach of the Agreement.
None of these exceptions will apply, and nothing else in the Agreement will stop us being liable, if:
- we act fraudulently;
- we act with gross negligence; or
- we are at fault and the law does not allow us to exclude or limit liability.
Changes to the Agreement
We can change the Agreement in the circumstances listed below.
Provided we give you 60 days’ notice, we can change any part of the Agreement, only to the extent necessary, if at least one of the below material circumstances occurs:
- a change of our commitment to the creation of reserves or the enactment of allowances not provided for in the legislation at the date of conclusion of the Agreement;
- fees or taxes or other costs are imposed, that were not provided for in the legislation at the date of conclusion of the Agreement;
- a change in the legal provisions governing the financial sector or a change of recommendations or good practices by supervising institutions or of provisions connected with the financial sector, which impact the mutual rights and obligations of the parties to the Agreement that were not in force at the date of conclusion of the Agreement;
- the introduction of new services or removal or change of features of the existing Services as well as introduction or change of the trade name of such Services (in the case of a change of the scope or manner of providing the Services consisting in changing the features of the existing Services or the introduction of new products, the user will not be obliged to use such services and incur the associated costs unless the user submits a separate declaration of will in this respect);
save that the amendment of the Agreement will be effected solely within the scope and direction arising from the reason that has occurred and no later than within 1 month from the occurrence of a prerequisite for such change.
If you are not happy with the change, you can either:
- take the steps set out below to cancel the Card and end the Agreement with an immediate effect and without any charges, or
- let us know that you are not happy with the change and would like to cancel the Card and end the Agreement without any charges, so that the Agreement will cease on the day before the date on which the changes take effect.
If you do not end the Agreement by taking the steps above, you will be deemed to have accepted the changes after the end of the 60 days’ notice.
DiPocket may assign its rights or obligations under this Agreement to an associated company at any time, provided we give you not less than one month’s notice and without requiring your specific consent. If you object to the assignment you can cancel the Card and end the Agreement without any charges, so that the Agreement will cease on the day before the date of assignment. You may not assign your rights or obligations under this Agreement.
Cancelling the Services
The Agreement expires on the Card expiry date unless, prior to expiry, we issue a replacement Card in accordance with our Card reissue policy as specified in the Card Terms and Conditions, provided however that we may send you a replacement card prior to the Card expiry date free of charge and with no obligation for you to continue to use the Services.
Whilst a Card remains unexpired or for Accounts without Cards, the Agreement will be of indefinite duration and will continue unless terminated at any time by you, or by us in accordance with the processes set out below.
Unless the Card Terms and Conditions specify otherwise, if we do not send you a replacement card prior to the Card expiry date the Card expiry will result in termination of the Agreement, after which access to the Account may be limited and the remaining funds will only be available for redemption.
When you can cancel the Services
If you wish to, you can cancel the Services at any time.
In addition, as a consumer, you have a period of 14 days from the date you have concluded the Agreement to tell us that you would like to withdraw from it, without giving any reason, and without incurring any charges or fees other than for the Services commenced upon your request or Services already provided. If you withdraw from the Agreement, the Agreement is considered not concluded.
When we can cancel the Services
We may end the Agreement immediately (and cancel the Card) if we have reasonable grounds for thinking that you have done any of the following things, which you must not do:
- you put us in a position where we might break a law, regulation, or other duty that applies to us if we maintain the Card and Account;
- you refuse to cooperate with DiPocket or Nexo’s legitimate requests, e.g., by not providing information to confirm your identity or on the source of funds;
- you give us any false information or attempt to mislead us at any time;
- you commit (or attempt) fraud against us or someone else;
- you use (or allow someone else to use) the Card or Account illegally or for criminal activity (including receiving proceeds of crime on the Card);
- you inappropriately let someone else use the Card or Account.
We can also end the Agreement immediately and cancel the Services if:
- we reasonably believe that maintaining the Services might expose us (or another DiPocket or Nexo Group company) to action or censure from any government, regulator or law enforcement agency;
- we find out that you are no longer eligible for it (for example, through residence status). We will try to tell you in advance if this happens, but if by continuing to offer you the Services we would break any rules or laws, we would have to cancel it or block it immediately;
- if there are no transactions (other than fee charges) on the Account for a continuous period of 13 months and your account balance is nil.
If you are unhappy in any way with the Card or the Services, or if you experience any problem, please contact us. Complaints may be submitted as follows:
- in writing by post to: Upės str. 23, 08128 Vilnius, the Republic of Lithuania;
- by phone, calling us on +370 5 208 4858;
- in electronic form by using the contact methods provided on dipocket.org/en/contact.
In the claim, you will need to specify:
- name and surname, or company name;
- applicant’s contacts: phone number, address, and e-mail address associated with the Account;
- what the issue is;
- when the problem arose;
- what remedies you would like us to apply; and
- available documents relating to the claim.
If incomplete, unreadable, or unclear information is provided in the claim (complaint), we may request to clarify the information.
We acknowledge all complaints, without any exceptions, including those regarding our personnel. We strive to acknowledge all complaints received within 24 hours of receipt. If a complaint is received during a bank holiday or weekend period, the complaint will be acknowledged within 24 hours of the return to work of staff, i.e., if a complaint is received by e-mail on a Sunday, it will be deemed to have been received at 9 a.m. on the following Monday.
If it is not possible to respond with a detailed, substantive reply within 24 hours of receipt of the complaint, further communication will be provided within 5 Business Days. We will send our final response within 15 Business Days. In exceptional cases where it is not possible to respond within 15 Business days, we may extend the deadline for submitting a final response to you to 35 Business days, but we will inform you of this, stating the reasons for the extension.
A response to the Client shall be provided via the same channel the complaint has been received unless otherwise indicated by you.
Handling of complaints is free of charge. The Parties agree that complaints shall be submitted, handled, and responded to in Lithuanian or English.
Should you not be satisfied with the final response of DiPocket, or should we fail to respond to you within 15 Business Days, or 35 Business days respectively, from receiving the claim, you have the right to raise a dispute or a complaint to the Bank of Lithuania:
- Disputes. Application may be provided in three ways: 1) via the electronic dispute resolution tool E-Government Gateway; 2) by completing a consumer`s application form and sending it to the Supervision Service of the Bank of Lithuania, Žalgirio g. 90, LT-09303 Vilnius, e-mail [email protected]; 3) submitting a free-form application to the Supervision Service of the Bank of Lithuania, Žalgirio g. 90, LT-09303 Vilnius, e-mail [email protected].
Whatever the way you choose to submit your application, it and its annexes must be either in the official language of the country, i.e., Lithuanian or English language. However, it is important to note that the dispute settlement process will be conducted in the official language of the country, i.e., Lithuanian. More information: https://www.lb.lt//lt/daugiau-apie-gincius-su-finansiniu-paslaugu-teikeju;
- Complaints. Information about the procedure for submission of complaints or requests is available on: https://www.lb.lt/lt/kontaktai#group-464. Complaints may be submitted to the Bank of Lithuania by post or e-mail to either of the following addresses: Totorių g. 4, LT-01121 Vilnius, [email protected], or Žalgirio g. 90, LT-09303 Vilnius, e-mail [email protected].
Examination of the complaint at the Bank of Lithuania is free of charge.
You have the right to apply to the Bank of Lithuania or directly to the court. The court judgment is binding, while the decision of the Bank of Lithuania is recommendatory in nature, non-binding to both parties, and cannot be appealed. Nevertheless, even when the Bank of Lithuania has taken a decision, the parties to a dispute retain the right to apply to court.
Decisions regarding the subject matter of a dispute are public and published on the Bank of Lithuania website (in Lithuanian), without prejudice to the requirements for the security of personal data, state, office, commercial, bank, professional and other secrets protected by laws, as well as the consumer’s right to privacy.