Important information: Please read this Agreement carefully before activating Your CX PayMe-wallet. The terms of this Agreement and the Fees apply to all Customers commencing 24.12.2023 Latest Update: 03.01.2024.
1. Definitions and Interpretations
1.1. Capitalized words and expressions used in the Agreement have the following meaning, unless otherwise stated:
‘Agreement’ means these Terms and Conditions together with the Product Information, as may be amended from time to time;
‘Business Day’ means any day on which banks are normally open for business in Dutch Caribbean, other than a Saturday, Sunday or national or public holiday in Dutch Caribbean;
‘Electronic money’ or ‘CX PayMe-money’ means electronically stored monetary value as represented by a claim on Us which is issued on receipt of funds for the purpose of making Transactions and which is accepted by a natural or legal person other than Us;
‘CX PayMe-wallet’ means the Web-based electronic money (CX PayMe-money) account opened and maintained by Us in Your name;
‘Fees’ means any Fees, tariff and charges that may be charged by Us and which are stated in the Fees Section and available on Our Website (as amended from time to time);
‘Merchant’ means an internet retailer or any other person that accepts Transactions on its Third-Party CX PayMe-wallet with Us;
‘Person’ includes an individual, firm, company, corporation or an unincorporated body of persons;
‘Product Information’ means the relevant information provided on Our Website and in the Amendments to this Agreement on the specific features, terms, conditions and Fees that apply to Your CX PayMe-wallet, as may be amended from time to time;
‘Third Party CX PayMe-wallet’ means the Web-based electronic money (CX PayMe-Money) account opened and maintained by Us in the name of a third party, including a Merchant;
‘Transaction’ means the transfer of CX funds from Your CX PayMe-wallet to a Third-Party CX PayMe-wallet or from a Third Party CX PayMe-wallet to Your CX PayMe-wallet;
We’, ‘Us’, ‘our’ or ‘CX Pay ME’ refers to CX Pay B.V.;
‘Website’ means our Website at: www.cxpay.me
‘You’, ‘Your’ or the ‘Customer’ refers to the person in whose name the CX PayMe-wallet is registered.
2. Introduction
2.1. This accord, herein established between yourself and us, delineates the procedures and protocols governing the initiation, utilization, and cessation of your CX PayMe-wallet. This encompassing framework extends to the issuance and redemption of CX PayMe funds and the execution of transactions orchestrated by our entity in connection with your CX PayMe-wallet. In the event you seek to procure supplementary services or products, a distinct agreement may be requisite, and such an agreement shall be tendered to you when you elect to engage in the utilization of said services or products. Notably, pre-paid, debit, or virtual cards administered by CX Pay B.V. fall under the purview of discrete agreements.
2.2. You hereby affirm your complete comprehension and acceptance of this Agreement, inclusive of the stipulated Fees delineated in the Product Information and/or the Fees Sections, as a prerequisite for the registration of your CX PayMe-wallet.
2.3. The commencement of this Agreement shall coincide with the date of your CX PayMe-wallet registration and will cease in accordance with the provisions outlined in Clauses 15 or 16.
2.4. The official language employed within this agreement, along with the Product Information, is English. Any translation to an alternate language is strictly for informative purposes and does not supplant or supersede the provisions set forth in this agreement.
2.5. Only CX Pay B.V. holds ultimate authority over the CX PayMe wallet and its associated white labels.
2.6. In the event that any stipulation contained within this Agreement is adjudged unenforceable or unlawful, the remaining Clauses shall endure in their entirety.
2.7. It is crucial to acknowledge that no entity aside from yourself shall possess any entitlements pursuant to this Agreement. Your CX PayMe-wallet is a personal asset exclusive to your possession, and any endeavor to assign or transfer rights under this Agreement to a third party necessitates our antecedent written consent.
3. License & Contact Information
3.1. CX Pay is a Company registered with the Chamber of Commerce in Curacao with Company registration number 133306.
3.2. All communications should be addressed to hello@cxpay.me or at CX Pay B.V., Chuchubiweg 17, Curacao, Dutch Caribbean.
4. Changes to the Terms and Conditions
4.1. We may update or amend these Terms and Conditions (including Our Product Information and Fees Section). Notice of any Changes will be given on the Website or by notification by e-mail or by means of mobile device at least one (1) month in advance. By continuing to use the CX PayMe-wallet after the expiry of the 1-month notice period, You acknowledge that You indicate Your acceptance to be bound by the updated or amended Terms and Conditions. If You do not wish to be bound by them, You should stop using the CX PayMe-wallet. You have the right to terminate the Agreement immediately and without charge before the date of the proposed application of the changes to the Terms & Conditions. Your notice objecting to the proposed changes to the Terms & Conditions will be treated as a notice of termination of this Agreement.
4.2. Changes that make these terms of use more favorable to you shall come into effect
immediately after relevant notice.
4.3. Terms & Conditions are subject to change on demand by the regulated financial entity/issuer(s) with proper notification to all clients that accepted these terms at signup of the CX PayMe-wallet.
5. Your Representations and Acknowledgements
5.1. Upon accepting this Agreement and any amended versions thereof, You represent and warrant to Us, on an on-going basis, that:
5.1.1. You are recognized as possessing legal full capacity and mental soundness, and you are required to be at least 18 years of age. To verify your capacity and/or age, we retain the right to request additional information from you.
5.1.2. In case of any contingency that You need to authorize a Third Party to act on Your behalf, all instructions given to the Third Party must be authorized by You and Us for all intents and purposes of this agreement.
5.1.3. You are obliged to act in Your name and not on behalf of a third party unless otherwise notified to do so in writing and confirmed and accepted by Us. We reserve the right to suspend Your CX PayMe-wallet in the instance of any suspicious activities, upon notification, until the required processes and checks have been carried out by our fraud – compliance department.
5.1.4. You accept and confirm that You are using this product properly and in accordance with AML (anti money-laundering) and counter funding of terrorism requirements. You agree to provide us with accurate, true, current, and complete information including such identification and verification documentation as may be required by Us at any time. You commit that all funds used to load/reload Your CX PayMe-wallet originate from legitimate activities and sources.
5.1.5. You affirm that You comply with all laws to which You are subject, including, without limitation, all tax laws and regulations, exchange control requirement and registration requirements.
5.2. You acknowledge and accept that funds received in exchange for electronic money issued by Us do not constitute a term deposit and no interest shall be accumulated on such funds. Our CX PayMe-wallet does not grant interest or bonus related to the duration of time You hold electronic money with us.
6. Fees and Charges
6.1. We may charge Fees in connection with any of Our services and facilities that You have made use of or requested based on Our Production Information and/or Fees Section.
6.2. Where any request, transaction, disputed transaction, arbitration or reversed transaction Involves third party costs You remain liable for these, and they will be deducted from Your Account or otherwise charged to You.
6.3. You agree that any Fees and other amounts due and payable to Us under the Agreement may be deducted from your CX PayMe-wallet without notice. Such deductions may be made at any time, and without us notifying you, but these will be reflected in the information on your CX PayMe-wallet.
6.4. We may charge You an Investigation Fee in the following circumstances:
6.4.1. In the event that You make any payment to Us that is subsequently reversed after 60 days due to Inadequate account information or inadequate KYC (know-your-Customer) documentation; and/or
6.4.2 In the event of a request for arbitration of a disputed Transaction; and/or
6.4.3. To cover our costs and expenses in providing You with manual support on Your account (e.g. request for legal support).
7. Your CX PayMe-wallet
7.1. We reserve the right to not accept Your application for an CX PayMe-wallet and We are not obliged to provide the reason for declining Your application. We reserve the right to terminate immediately this agreement and close Your CX PayMe-wallet in accordance with Clause 16.
7.2. We can at any time interrupt Your CX PayMe-wallet e.g. when We carry out maintenance. If this occurs, You may not be able to make Your purchases via Your CX PayMe-wallet; to load/reload Your CX PayMe-wallet or to obtain any information in regards to Your CX PayMe-wallet and Your transactions.
7.3. The electronic money stored on Your CX PayMe-wallet is issued by Us in accordance with the CX PayMe-Money Service Provider Directive by the Central Bank of Curacao and Sint Maarten and the relevant national legislation of Curacao.
7.4. Funds received by Us for the loading/reloading of Your CX PayMe-wallet will be exchanged for electronic money. Electronic money stored on the CX PayMe-wallet constitutes a claim on Us, which is personal to You and no person other than You has any rights in relation to the electronic money stored in the CX PayMe-wallet. You may not assign or transfer any claims or rights You have in respect of Your CX PayMe-wallet to any third party or otherwise grant any third party any security right or other legal interest over it.
7.5. You agree and understand that You can have only one CX PayMe-wallet with US.
7.6. The CX PayMe-wallet is an electronic money account which enables You to send and receive electronic payments.
8. Opening Your CX PayMe-wallet
8.1. A CX PayMe-wallet can be applied for via the payment App itself or through Our authorized agents.
8.2. Your CX PayMe wallet will be activated once Your registration via the App or Authorized Agent has been approved If We decide to close Your account this Agreement will terminate in accordance with Clause 16.
8.3. You must keep the log-in details and password related to Your CX PayMe-wallet safe, secure, and private always and You must not disclose them to any third-party including friends or family.
8.4. Following successful registration and activation of Your CX PayMe-wallet, You will be able to load Your CX PayMe-wallet. Depending on the method of loading, a Fee may apply, as detailed in the Product Information and/or Fees Section.
8.5. You will be able to view the Transactions posted on Your CX PayMe-wallet including the relative amounts and any Fees applied on Your CX PayMe-wallet through the App itself. You should check Your Transaction history regularly and report immediately any irregularities or enquiries You have to Us.
8.6. You must ensure that all information You provide is truthful and up to date at all times. We shall not be held liable for any loss caused by Your failure to do so. Any amendments to Your contact details should be communicated to Us immediately, by sending the relevant documentation at the email address stated on Our Website.
8.7. If You suspect that a third party is aware of the log-in details or password related to Your CX PayMe-wallet or if such details have been lost, stolen, misappropriated, subject to unauthorized use or have become compromised, You must change them immediately, and You must notify Us in accordance with Clause 11 .
8.8. You must not use Your CX PayMe-wallet for an unlawful or illegal purpose as further explained in Clause 11.
9.Sending and Receiving funds
9.1. You can log in into Your account by using Your log in details and password and transfer funds from Your wallet to a Third-Party CX PayMe-wallet through the App
9.2. You are obliged to ensure that the balance limits of Your wallet are enough to cover the transaction You are to perform as well as any applicable Fees, including service Fees and current conversion Fees. It is deemed for the recipient of the funds to ensure that they are subject to spending and withdrawal limits and that this may affect the recipients’ access to the funds You intend to send.
9.3. You must be extra careful when providing the necessary information required when transferring funds .
9.4. Upon receiving funds into Your CX PayMe-wallet We shall display it in Your Transaction history. You should regularly check the Transaction history and reconcile incoming Transactions with Your own records.
9.5. You should be aware that Transactions may be reversed. If there is a negative balance on Your CX PayMe-wallet as a result of such reversal, You are required to repay us in accordance with Clause 10.6.
10. Loading/Reloading funds into Your CX PayMe-wallet
10.1. You may be asked to answer security questions or to complete other activities that We may reasonably require to ensure proper authorization of a loading/reloading transaction.
10.2. Your CX PayMe-wallet will not be loaded/reloaded until cleared funds are received by Us and the necessary procedures and relevant checks have been carried out to Our satisfaction.
10.3. In order for You to reload Your account You must log in through the App by using Your account details and following the relevant instructions. Payments made by You for loading/reloading that are executed by third party payment services providers are not part of Our service. We do not guarantee the use of them and is at our discretion to discontinue them at any given time.
10.4. You declare that in the instance where You use a payment method or instrument such as credit or debit card in order to reload You wallet which is subject to chargeback right, You will not exercise such chargeback right for any other reason than a breach by Us of this agreement which will result in You having a right to be refunded of the reloaded amount. Otherwise, You will not be eligible for a chargeback in the case that We are not responsible including (but not limited to) insufficient balance on the payment instrument or account. We reserve the right to charge You additional Fees in case of a chargeback request or any action undertaken to challenge the same. We may also charge You a chargeback fee per chargeback as detailed in the Product Information and/or Fees Section
10.5. For the purposes of a loading/reloading transaction through a payment account or credit or debit card or other payment instrument, We are the recipient of the payment and not a payment service provider.
10.6. You are obliged to reload Your CX PayMe-wallet with no delay when it has a negative balance as a result of chargeback fee or a reversal of loading transaction or any other reason. Failure to do so is a breach of this Agreement. We reserve the right to suspend Your CX PayMe-wallet in case of a delay to an immediate repayment of a negative balance in Your account. We also reserve the right, at any point in time, to send You reminders or to take other debt collections measures. In the case that any extra charges have been incurred in connection with any debt collection or enforcement measures we reserve right to charge You with them.
10.7. You should be aware that any loading/reloading may be subject to loading/reloading limits due to security and legal requirements. These limits depend on Your verification status and the loading/reloading method You want to use.
10.8. You must not load/reload Your CX PayMe-wallet through a credit or debit card or other payment instrument or a payment account if You are not the named holder of that payment instrument or account. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument or account of which You are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if We are required to return funds loaded/reloaded from a payment instrument or account that is not in Your name, We may charge a Fee as mentioned in the Product Information and/or Fees Section
10.9. You accept and agree that any currency other than ANG loaded/reloaded into Your CX PayMe-wallet will be converted into ANG at the rate of exchange applied by Our bank. You accept that such conversion shall be entirely at Your own cost and risk.
10.10. The transactions effected through approved credit or debit cards, take place without the crucial and required data/information being stored or saved by US.
11. Prohibited Actions and Transactions
11.1. It is strictly prohibited to use Your wallet for purposes including, but not limited to, Money Laundering, fraud, terrorist financing or such other illegal/criminal activities.
11.2. It is strictly prohibited to use Your wallet to receive funds from persons or entities engaged in fraud, terrorist financing, money laundering, fraud, or other illegal / criminal activities.
11.3. If You act in breach or We believe that You may be acting in breach of the prohibitions contained in Clauses 11.1 and 11.2 We reserve the right to:
11.3.1. Decline to perform or reverse the transaction and simultaneously terminate or suspend your CX PayMe-wallet; and/or
11.3.2. Report the transaction to the relevant law enforcement agency and/or qualified authority; and/or
11.3.3. Claim damages from You or charge You a fee as detailed in the Product Information and/or Fees Section;
11.3.5. It is strictly Your responsibility to ensure that You only send or receive funds from or to Persons or entities for the sale or supply of goods and services that You may provide or receive in compliance with any applicable laws and regulations. Funds that have been transferred to another Persons’ or entity’s account does not indicate the legality of the supply or provision of their goods or services. It is required that You should not proceed with any transactions in the instance where You have any hints that this transaction is not legal.
12. Execution of Transactions
12.1. Transactions are regarded as authorized by You where You have given Your consent to the execution of the Transaction by confirming the Transaction Order in such form as may be specified in the Product Information or the instructions provided depending on the means used to give us a Transaction order. A Transaction shall be authorized only after You have given consent to execute the Transaction.
12.2. Unless We are prohibited by law from doing so, We reserve the right to execute Transaction requests given by You, which received by us, only when all the conditions set out in the Agreement are fulfilled to our satisfaction.
12.3. We will perform transactions to transfer funds from Your CX PayMe-wallet if enough balance is available in Your CX PayMe-wallet (including any applicable Fees), considering other orders received by Us even if such orders have not been executed yet.
12.4. If You have a negative balance on Your CX PayMe-wallet for any reason whatsoever, You agree that the outstanding balance will be a debt owed by You to Us.
13. Liability
13.1. We shall not be liable:
13.1.1. For any loss or for any failure to fulfil our duties under the Agreement if such loss or damage if caused, directly or indirectly, by force majeure; and/or 13.1.2 For the goods or services that are purchased with Your CX PayMe-wallet; and/or 13.1.3 For any loss, fraud or theft that is reported more than six e (6) months following the event; and/or 13.1.4 Where You acted with undue delay, fraudulently or with gross negligence;
13.2. Where Your CX PayMe-wallet is faulty due to Our default, Our liability shall be limited to re-activating Your CX PayMe-wallet or, at Our choice, repayment to You of the Available Balance.
13.3. Where sums are incorrectly deducted from Your Available Balance due to Our fault, Our liability shall be limited to payment to You of an equivalent amount.
13.4. To the fullest extent permitted by law and notwithstanding anything to the contrary in this the Agreement, We will not be liable to You or any other person for any indirect, incidental, special or consequential loss or damage of any kind, or for any loss of profits, revenue or savings (actual or anticipated), or economic loss, or loss of data or loss of goodwill (whether or not the possibility of such loss or damage was known or otherwise foreseeable). Our obligations under this Agreement relate to the issuing of funds, the operation of the CX PayMe-wallet and related services and We take no responsibility for any losses incurred relating to the quality, safety and legality of any goods or services provided by the Merchant or other Payee.
13.5. We will not be held liable for any acts or omissions of, or any Fees charged by third parties, such as other banks, for use of their facilities or services, or for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between You and another Client.
13.6. You are responsible for Your CX PayMe-wallet, any Username, PIN number and Account passwords. Do not share Your CX PayMe-wallet or Account security details with anyone. In the event of theft, fraud or any other risk of an unauthorized use of Your CX PayMe-wallet, You must immediately notify Us using the contact details given in the App or on our Our Website. We will take all reasonable steps to stop any unauthorized use of Your CX PayMe-wallet, which may mean that We will suspend Your CX PayMe-wallet. You may also block Your CX PayMe-wallet by following the instructions provided in the APP or on Our Website to block/suspend the CX PayMe-wallet.
13.7. You will only be entitled to a refund in the case of an unauthorized transaction or incorrectly performed transaction. If You request a refund You accept to notify us immediately without undue delay on becoming aware of the unauthorized or incorrectly performed transaction giving rise to a claim, and no later than six (6) months after the debit date, except in the following cases: 13.7.1 In the case that You have failed to keep the personalized security features of Your wallet safe from the embezzlement of the wallet, in which case You shall be liable for the losses incurred up to the day of notification up to a maximum of ANG 150,- 13.7.2 In the case that You fail to inform Us immediately for any loss of password, any personal detail of Your CX PayMe-wallet or any other event likely to compromise the security of Your CX PayMe-wallet, in which case You shall be liable for the losses incurred up to the day of notification to us 13.7.3 You will bear all the losses relating to unauthorized payment Transactions where You have acted fraudulently, or with intent, or gross negligence failed to fulfil Your obligations under this Agreement; 13.7.4 You will put up with all the losses resulting from an authorized transaction or incorrectly performed transaction or the misappropriation of the wallet when You fail to inform Us immediately of such event and after the expiration of 13 months from the days You notice that such a transaction was occurred
13.8. You are obliged to accept that You will pay for all transactions’ applicable Fees, payments as detailed in the Product Information and/or Fees Section for any following losses where the CX PayMe-wallet is misused from someone who has obtained Your permission and in doing so has acted fraudulently, with intentional default or gross negligence.
13.9. Clause 13 shall survive the termination of this Agreement.
14. Merchants disputes
14.1. In the case that the result of an investigation stipulates that the transaction that has been disputed was genuine and made by You, We reserve the right to charge You a Fee as detailed in the Product Information and/or Fees Section.
14.2. It is under our discretion to assist You with any qualifying disputes in the case that You fail to resolve the dispute with the merchant.
14.3. In the case that We decide to assist You with a dispute You have with a merchant, it is under our discretion, and We reserve the right not to refund sums to You, if We strongly believe that Your actions do not comply with the terms of this Agreement. You will not receive a refund until our investigation is complete. In the case that We refund You sums as a result of a dispute that has been proved as non-genuine but after a time period, We receive information that proves that the transaction was in fact genuine correct and made by Your end. If You have a dispute with a Merchant about any purchases made using Your CX PayMe-wallet then in the first instance You must attempt to resolve this directly with the Merchant.
14.4. We accept no responsibility or liability for a Merchant refusing to honor an underlying transaction in respect of which You have made a Transaction on Your CX PayMe-wallet or failing to cancel such transaction.
15. Right to Cancel (“Cooling-Off’)
15.1. You have a right to cancel this Agreement within a cooling-off period of 14 days beginning from the date your registered your CX PayMe-wallet. You must contact Us within this 14-day period and inform Us that You wish to withdraw from this Agreement, and You must not use the CX PayMe-wallet. We will then cancel the CX PayMe-wallet and reimburse the amount of Available Balance of the Account to the Customer. However, We reserve the right to hold the Available Balance for up to 15 business days from receipt of Your instructions before returning the balance, to ensure that details of all transactions have been received.
15.2. If you do not exercise the right to withdraw from this Agreement, then this Agreement shall stay in full force and effect until terminated by You or Us in accordance with Clause 16.
16. Termination and Suspension
16.1. If you find that your account has no funds, you have the option to delete the account on your own. However, if there are any funds in your account, please contact us.
If You are the Customer and You wish to cancel Your CX PayMe-wallet at any time, You must inform Us of Your wish to cancel and to claim a refund of Your unused funds by emailing Us as detailed on Our Website. You must e-mail Us from the e-mail address registered in your CX PayMe-wallet. You are obliged to provide us with 14 Business Days’ prior notice. Our customer services department will then suspend all further use of Your CX PayMe-wallet. We may terminate Your CX PayMe-wallet, or any service associated with it by giving you two months’ prior notice.
16.2. We may also cancel Your CX PayMe-wallet and terminate this Agreement with immediate effect by giving notice, in the following circumstances:
16.2.1. if We decide not to activate Your CX PayMe-wallet for any reason whatsoever; 16.2.2 If You have not complied with this Agreement; 16.2.3 We have reason to believe that You are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity or if we have any other security concerns. 16.2.4 In the circumstances mentioned in Clause 11.3;
16.2.5. If We need to comply with the law; 16.2.6 If We cease to be authorized to provide the services under this Agreement or if We can no longer process Transactions due to the actions by third parties.
16.3. If Your CX PayMe-wallet has not had any Transactions (excluding all and any Fees and charges that may apply) for a period of at least one (1) year, We reserve the right to close it and to terminate this Agreement. We will notify You of Our intentions before closing Your CX PayMe-wallet.
16.4. We reserve the right to suspend Your CX PayMe-wallet at any time to justify reasons related to the security of Your CX PayMe-wallet or in the case that there is any suspicious activity, unauthorized transaction or fraudulent in regard to the uses of Your CX PayMe-wallet. We will notify You in case We have suspended Your account, where possible.
16.5. Upon termination of this Agreement, all pending Transactions and Fees will be processed and deducted from Your CX PayMe-wallet, and if a positive balance remains, We will redeem this to You. The redemption proceeds will be paid to You as soon as the appropriate security checks have been satisfactorily completed.
17. CX PayMe-Money Cash-Out
17.1. Users are allowed to Cash Out a portion of the monetary value in their CX PayMe-wallet, up to a maximum limit of 1,000 ANG per month, in accordance with the Product Information and/or Fees Section. However, if users wish to exceed this limit or redeem the entire balance in their wallet, they must contact us and submit a formal Cash Out request.
17.2. For the purposes of a Cash Out We are a payment service provider and not a payer.
17.3. We reserve the right to carry out any necessary money laundering, terrorist financing, fraud and other illegal activity checks before authorizing any Cash Out or transfer of funds to You, including returning any funds after the termination of the Agreement.
17.4. If Your Cash Out request exceeds the applicable limits as specified in the Product Information, We may decline Your request and require You to send Us verification documentation attesting Your identity and address, or to otherwise cooperate with Us to verify Your identity, prior to allowing a Cash Out or transfer of Cash Out funds to You.
17.5 We do not guarantee the availability of any Cash Out method specified in the Product Information and may make changes to or discontinue a particular Cash Out method at any time as long as there is at least one Cash-Out method available to You. Where the redemption is received by You through the involvement of a payment service provider (e.g. the bank where You hold the beneficiary bank account), We shall not be responsible for the Cash Out payment once the funds are received by Your payment service provider.
17.6. We will generally charge a Fee, as stated in the Product Information and/or Fees Section when You require Cash Out either in full or in part of the positive value on the CX PayMe-wallet, before the termination of the Agreement.
17.7. After We have approved the Cash Out of funds, You have to ensure that the payment details for the transfer are to be accurate and complete. In the instance where You provide us with incorrect details We will not be held liable for redemption funds sent to the incorrect payment account or instrument. As set out in the Product Information and/or Fees Section We reserve the right to charge You in case You request our assistance in transferring money from an incorrect payment account to the correct one and this is subject to Your wrong provision of details. However, We cannot guarantee that the reclaim efforts will be successful.
17.8. It is deemed that You are the named account holder of the account in which You will instruct Us to transfer the funds in the case of a redemption request by Your end. Any violation of this requirement is taken very seriously and shall be treated as a fraudulent act without prejudice to claiming further damages. If We are required to investigate a redemption for the transfer of funds to a payment account or instrument that is not under Your name, We reserve the right to charge You a fee as it would be detailed in the Product Information and/or Fees Section.
17.9. You must accept that all Cash Out requests must be in the currency of ANG or applicable local currency and via a refund to the card linked to your CX PayMe-wallet account a bank transfer to a designated account or in cash via one of our Authorized Agents. In the instance where the redemptions are made to an account which is in another currency except ANG You shall be liable for any currency exchange Fees. (As Well as to a Fee which may be applicable as detailed in the Product Information and/or Fees Section). In addition, in the instance where costs and Fees have been incurred by any third party acting on behalf of Yourself, We shall not be liable, for receiving funds into Your bank account.
17.10. If, following any Cash Out, Transactions are found to have been made or charges or Fees incurred using Your CX PayMe-wallet exceed Your available funds, We will notify You of such account discrepancies, and You undertake to pay us on demand for any outstanding amounts owed to Us.
18. Data Protection
18.1. We are the data controller for Your personal data and will process personal data given to us in connection with Your CX PayMe-wallet to administer Your CX PayMe-wallet and provide You with services relating to the Account and this Agreement. We may also use Your personal data for marketing purposes and for market research purposes, in accordance with applicable legislation and Our Privacy Policy. Should You not wish to have Your personal data processed for direct marketing purposes at any point in the future, You are required to inform Us accordingly by email at support@cxpay.me.
18.2. Further to the above, You agree that We, at Our discretion, may record any telephone conversations between You and Us and that such recordings may be used as evidence of Your Instructions and/or for training purposes with the objective of improving Our services.
18.3. We may check Your personal data with other organizations and obtain further information about You to verify Your identity and comply with applicable money laundering and governmental regulations. A record of Our enquiries will be left on Your file, but this will not be recorded as a credit check. In accordance with Our Privacy Policy and applicable legislation, We may provide personal data supplied by You to certain named third parties (including data processors) for the purpose of performing Our obligations and exercising Our rights under this Agreement, including third parties located outside of Curacao where different data protection standards may apply. When We transfer data outside of Curacao, We will take steps to ensure that Your data is afforded substantially similar protection as data processed within Curacao. We may also disclose Your personal data as required by law or any competent authority.
18.4. By agreeing to these Terms and Conditions, You acknowledge and agree to Our processing of Your personal data in this way.
18.5. You have also seen Our Privacy Policy on Our Website and acknowledge and agree to the provisions thereof (as amended from time to time).
18.6. When opting to delete Your account, it is crucial to comprehend that specific segments of Your account data will be preserved on our servers for a duration of up to 10 years in accordance with the guidelines set forth by the Central Bank of Curaçao & Sint Maarten. This retained information includes, but is not limited to, limited personal data and transaction history. Please be mindful that the account deletion process is permanent and cannot be reversed.
19. Customer Service
19.1. Our Customer Support team is normally available from 08:00 to 17:00 Atlantic Standard Time (AST) on Business Days, Monday to Friday.
19.2. Correspondence received after the opening hours as mentioned in Clause 19.1 shall be treated as having arrived on the following Business Day.
20. Regulation and Law
20.1. This Agreement is governed by Curacao Law. All disputes arising out of/or relating to this Agreement shall be resolved by the Curacao Courts, except where Curacao legislation requires a specific dispute to be resolved by the courts of another jurisdiction.
FEES SECTION
21. User fees and limits
21.1. Transaction Fees:
21.2. Bank Wire Transfer Top-Up Fee:
21.3. Credit Card Top-Up Fee:
21.4. Withdrawal from CX PayMe wallet fee:
21.5. Weekly Limits:
21.6. Refund Fees:
21.7. Notification of Fee Changes:
22. Merchant Fees and Limits:
22.1. Setup Fee:
22.2. Transaction Fees:
22.3. Withdrawal Fee:
22.4. Weekly Withdrawal Limit:
22.5. Bank Wire Transfer Top-Up Fee:
22.6. Credit Card Top-Up Fee:
All fees are excluding Sales Tax
23. Prohibited Actions and Transactions
Claim Damages: CX PayMe may claim damages from the user as a result of
