Last Updated: 17 March 2025
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Contract formation, purpose and overview
- We are Steven AB, a Swedish fintech company licensed and registered as an electronic money institution with the Swedish Financial Supervisory Authority (Sw. Finansinspektionen) to issue electronic money and provide payment services. Our registered address is Sturegatan 4, 3 tr, 102 44 Stockholm, Sweden. Our company registration number is 559026-5673, and our registered institution number with the Swedish Financial Supervisory Authority is 48004.
- These Terms and Conditions set forth pertain to Steven AB, which operates under the trading name Xoala. Any references to Xoala within these Terms and Conditions shall be understood as referring to Steven AB, and vice versa.
- Xoala offers a payment card (“Xoala Card”) and an electronic account associated with a Xoala Card to users of its service. The Xoala Card is issued by Steven AB.
- These terms and conditions apply to any person who obtains a Xoala Account (the “Terms and Conditions”).
- All Xoala Cards remain the property of Steven AB.
- When you apply for a Xoala Card it will be in a stated currency. All references to that currency in these Terms and Conditions are relevant.
- You will not earn interest in your Account Balance.
- The Terms and Conditions, together with our Privacy Policy, and any other terms and conditions referred to herein form the legal relationship between you and us (the “Agreement”).
- Unless otherwise stated, capitalised words are defined in Section 2.
- In the Agreement, the terms “Steven”, “Xoala”, “we”, “us”, and “our” refer to Steven AB / Xoala and “Customer”, “you”, “your” refer to a legal person or sole trader, who, as an account holder or payer enters into an Agreement with Xoala for a Xoala Account or other services covered by these Terms and Conditions.
- By accessing, registering for and using the Services, you agree to be bound by these Terms and Conditions.
- If a term of the Terms and Conditions deviates from a provision of the Payment Services Act (2010:751) (Sw.Lag (2010:751) om betaltjänster) or any statute, official regulation or EU legal act, the term applies to the extent that the provision allows the parties to agree that the provision shall not apply.
- This Agreement has no fixed term. The Services are offered with no minimum duration and will continue in force until terminated in accordance with Section 21.
- The language of the Agreement is in English, and all Services carried out in connection with it will be in English.
- The Xoala Account is offered only for your own use.
- It is important that you understand that access and use of the Services is conditional on your acceptance of these Terms and Conditions. You can request a copy of the Terms and Conditions at any time by contacting us through the information provided in Section 28.
- This Agreement is agreed and accepted by you if you sign up and register to use the Services and the Platform and/or by checking a box on our Platform which states that you agree to Xoala’s Terms and Conditions.
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Definitions
In these Terms and Conditions, the below terms shall have the following meaning(s):
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“Account Balance” means the value of funds currently held in your Xoala Account and available for use;
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“Additional Cardholder” means a person to whom we have issued a Card to access the balance of your Xoala Account at your request.
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“Administration Charge” means a charge applied monthly, on the first day of the month, to your Xoala Account, as an additional charge for card facilitation and for servicing your account with this additional service. This Fee will be automatically deducted from your balance. Please note that should an insufficient balance arise at the time of charge collection a partial Fee will be deducted. Missed Fees may be accrued. These accrued Fees may be automatically deducted from your balance at the point of top-up thereafter.
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“Application” means the Steven AB mobile phone application operated by us to provide the Xoala Account;
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“Applicable Laws” means, with regards to these Terms and Conditions, the applicable laws and regulations of Sweden, including the Payment Services Act (2010:751) (Sw.Lag (2010:751) om betaltjänster or any statute, official regulation or EU legal act.
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“Balance Limit” means the maximum value of funds that can be held in your Xoala Account any one time;
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“Business Day” means 08.00-17.00 within a day when commercial banks are open for general banking business (other than internet banking) in Sweden;
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“Customer” or “you” or “your” has the meaning set out in 1.10;
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“Direct Debit” has the meaning where the customer permits someone else (“Recipient”) to instruct the account provider to transfer money from the customer’s account to that of the Recipient. The account provider then transfers money to the Recipient on a date or dates agreed by the customer and the Recipient. The amount may vary;
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“EEA” has the meaning of the European Economic Area which includes all the member states of the European Union, Iceland, Norway and Liechtenstein;
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“Fees” means a variety of charges that can be raised for purchase and ongoing use of the Xoala Card and Xoala Account, detailed in the Fee Schedule;
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“Fees Schedule” is available online at https://xoala.com/legal/global/fees which sets out the fees, charges and other relevant information associated with the Xoala Card which are separate to the Xoala Account;
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“Force Majeure Event” means any event preventing us from performing any or all of our obligations under this Agreement which arises from or is attributable to acts, events, omissions or accidents beyond our reasonable control that we are unable to avoid;
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“Inbound Transaction” means using the Services to receive funds from a Sender, from another Xoala Account or another type of account held with a third party, into your Xoala Account;
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“Issuer” means Xoala or Steven AB;
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“Outbound Transaction” means using the Services to transfer funds from your Xoala Account to a Recipient, to another personal account or another type of account held with a third party;
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“Payment Instruction” means a specific instruction from you using the Platform to make an Outbound Transaction;
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“Payment Instrument” means any payment devices accepted on the Platform;
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“PIN” means your personal identification number for use with your Xoala Card;
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“Platform” has the meaning set out in Clause 3.1;
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“Prohibited Purpose” means any unlawful purpose (whether such illegality arises in the country from which the funds are transferred or where they are intended to be received or in any territory with jurisdiction over Xoala, the Sender or the Recipient) including, without limitation, the transfer or receipt of payment for illegal activities, the transfer of funds which constitute proceeds of crime or money laundering under Applicable Law, or which are obtained by illegal activity, the transfer of funds for the purpose of funding illegal activity, the transfer of funds for the purpose of avoiding the seizure of such funds by law enforcement authorities or under orders of any court of law, and any transfer of funds without the permission of their owner;
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“Recipient” means the person (which could be you or another person) who receives (or intends to receive) the money transfer through the Services;
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“Refusing a payment due to lack of funds” has the meaning that the account provider refuses a payment from the Customer’s account because there is not enough money in it;
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“Sender” means the person who initiates the transfer of funds to the Xoala Account;
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“Services” has the meaning set out in Clause 3.1;
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“Supplier” A retailer, merchant or other supplier of goods and/or services which accepts the Xoala Card whether by card number, PIN or card and signature;
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“Supplier’s Bank” means the organisation, known as a merchant acquirer, used by a Supplier for the purposes of receiving payments arising from Transactions;
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“Transactions” means both Inbound Transactions and Outbound Transactions;
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“Transaction Amount” means, as appropriate:
- the amount of funds received from the Sender as part of an Inbound Transaction, or
- the amount of funds you specified you want to transfer to a Recipient as part of an Outbound Transaction.
In each case, the Transaction Amount excludes any applicable Transaction Fee and is the amount displayed by us on the Platform prior to any foreign exchange conversion;
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“Transaction Fees” are available online at https://xoala.com/legal/global/fees;
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“Transaction History” means the record of your Transactions which are accessible through the Platform;
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“Verification and identity” means confirming your personal identity and address by conducting electronic verification of your details or by you providing documentation of identity;
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“Virtual Card” means a virtual Xoala Card used through Apple Pay or Google Pay;
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“Website” means our public website https://xoala.com/ operated by Xoala to provide the Xoala Account;
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“Xoala Account” means a virtual multi-currency non-interest-bearing payment account provided by us to you, and which allows you to:
- make Outbound Transactions;
- receive funds under Inbound Transactions;
- see a record of Transactions; and
- convert the funds between different currencies we make available from time to time. In accordance with Section 7 below, Transaction Amounts received in your Xoala Account through Inbound Transactions must always be allocated to a Payment Instruction for an Outbound Transaction;
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“Xoala App” the mobile application provided by Xoala to access the services associated with the Xoala Account;
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“Xoala Card” has the meaning given to such term in clause 1.6 and, where the context permits, includes any replacement card or Additional Cardholder’s card;
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“Xoala Group” in relation to Xoala, means that company, any subsidiary or any holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company;
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“Year” means the person who has opened a Xoala Account and is authorised to use the card and account as provided for in these Terms and Conditions.
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Payment services
- The payment services, we will provide to you are the provision of the Xoala Account which you will be able to access and use on the Website, and the Application and a Xoala Card (together, the “Platform”) (the “Services").
- You do not need to register for a Xoala Account in order to visit most areas of our Platform. However, to use the Services and access the restricted areas of our Platform you will need to register and set up a Xoala Account with us.
- We will use reasonable care and skill in providing the Services to you, but you should bear in mind that your payments do not carry the benefit of any interest and that our Services do not have the benefit of any deposit guarantee scheme in accordance with the Applicable Laws (for example, no compensation is available if we are unable to meet our liabilities) and the relationship of Xoala with you is not that of a bank or trustee.
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Use of the Xoala Card
- The Xoala Card is a Payment Card which can be used to pay for goods and services at Suppliers that display the Mastercard acceptance mark. To use the Xoala Card, present it at the time of payment. Use it in full or part payment of your purchase.
- When you receive your Xoala Card, you must activate it in the ways described in your welcome letter.
- You must not make purchases that exceed the balance of funds available on your Xoala Account. Your balance will be reduced by the amount of each purchase you make. If any purchase takes you over your Account Balance or then Balance Limit in force from time to time, the Transaction will be declined.
- Account holders may use their Xoala Card at ATM machines and Suppliers at any location around the world.
- In order to make payments, you may need to, in the case of a physical card, use chip and PIN code or by touching the card at the payment terminal (contactless), or in case of a physical or virtual card, enter the details of the card (the card number, expiry date and CVC number) online where the card is accepted. If you are only using a virtual card, you can view the card details in the Platform.
- We will consider the following actions as you giving your consent to make payments or withdraw cash from your account:
- using chip and the PIN code;
- touching or inserting the card at a payment terminal, electronic card reader or ATM machine and using the PIN code or taking other actions as instructed by the terminal/machine (such as pressing a button);
- entering card details (card number, expiry date and CVC code);
- entering into an agreement and providing card details for the payment of recurring services, such as subscribing for online services which are debited regularly;
- any similar actions as the ones stated above.
- We reserve the right to request information or proof of income at any time regarding the source of the funds used to pay into your Xoala Account. We may also suspend your Xoala Account and use of your Xoala Card, pending the satisfactory resolution of our queries. When we restrict your Xoala Card we will work as quickly as possible to resolve the case. We may also suspend your use of your Xoala Card if, in our sole discretion, we think you are using your Xoala Card in a manner that it was unintended. We reserve the right to request documentation to assist in satisfactorily resolving our queries.
- You can use your Xoala Card to make purchases in-person, via the internet or over the phone. The card can be used to obtain cash through ATMs.
- You must not use your Xoala Card for:
- pre-authorised regular payments;
- Transactions for cash (other than ATM withdrawal) including for example, cash from a bank, money orders, travellers’ cheques and foreign exchange; and
- any illegal purposes.
- Your Xoala Card cannot be used in situations where the Supplier cannot obtain online authorisation to confirm that you have a sufficient balance for the Transaction. For example: some Transactions on trains, ships, and some in-flight purchases.
- We may close, suspend or restrict your Xoala Card or PIN on reasonable grounds relating to:
- the security of your Xoala Account, Xoala Card, card number or PIN;
- the suspected unauthorised or fraudulent use of your Xoala Account, Xoala Card, card number or PIN. We will, if possible, inform you before stopping, suspending or restricting your Xoala Account, Xoala Card or PIN along with the reasons for doing so. If we are unable to inform you beforehand, we will inform you as soon as reasonably possible afterwards. The requirement to inform you does not apply where it would compromise reasonable security measures or it would be unlawful to do so; and/or
- at our discretion if you abuse our staff in any way.
- We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with your Xoala Account or Xoala Card. We are not liable for the failure of any Supplier to honour your Xoala Card.
- We reserve the right to suspend or close your Xoala Account indefinitely if you are deemed to have breached any provisions of this Section 4.
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Additional cardholders
- You can request that Additional Cardholders are issued cards with either a shared balance with the primary cardholder or an additional card that has a separate balance and we will charge a fee per card for such card issued. Both the shared balance and separate balance additional cards can only receive funds (top-up) by load from the primary card. All Transactions or charges on the shared balance card will be deducted from your Account Balance. All Transactions or charges on the separate balance card will be deducted from the balance on that additional card.
- For standard additional cards, you must provide personal information, name, address and date of birth of any Additional Cardholder who has authorised you to provide this data. We reserve the right to request evidence of the identity and residency of Additional Cardholder.
- For additional cards on Xoala Accounts, the main cardholder takes liability for the usage conducted on the additional cards.
- Any Additional Cardholder must be at least eighteen (18) years old or the age required by Applicable Law. This is your responsibility to demonstrate to us, and we may ask for proof of age.
- You must make sure that any Additional Cardholder complies with the requirements of these Terms and Conditions in respect of their card.
- You must make sure that any Additional Cardholders under eighteen (18) years old do not use the card for any purpose for which the legal minimum age is eighteen (18) or higher, e.g. gambling, adult entertainment, purchase of alcohol, etc.
- If your Xoala Card expires or the Agreement is terminated, access to your Account Balance will cease for any Additional Cardholder and any additional cards will expire or terminate as applicable. This will happen even if the expiry date printed on an Additional Cardholder’s Xoala Card is later than on your own Xoala Card.
- You acknowledge and agree that you are liable for all Transactions made by an Additional Cardholder using a Card. You are also bound by all requests made by an Authorised User for us to issue a Card.
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Making Outbound Transaction
- In line with your Terms and Conditions of use for your Xoala Account which can be found here, It is your responsibility to ensure that you enter the correct name, account number and sort code when making a payment out of your Xoala Account.
- Should you send a payment to an account using incorrect details we will assist you in attempting to retrieve the funds; however, there is no guarantee that the funds can be retrieved.
- You cannot make a payment out that would put your Xoala Account into a negative balance.
- You may cancel an instruction to make a payment where it is possible for a payment to be cancelled, i.e. if the payment has not yet been processed.
- We may refuse to make a payment if (i) it is not in accordance with these Terms and Conditions and/or the information provided on the Website, (ii) the applicable Fees would take you into negative balance, (iii) the payment is to an organisation to which payments are prescribed by law, or to an organisation to which we do not make payments.
- If you believe there is an error relating to a payment, you should contact us in ways set out on the Website.
- If you give us the wrong details for a payment or you tell us about an incorrect payment more than thirteen (13) months after it was made, we won’t give you a refund but we will try and trace it for you. We may charge you a reasonable fee to cover our costs in doing this.
- Charges, frequency and limits relating to payments will be set out in your Fees Schedule.
- It is your responsibility to ensure that you have sufficient funds in your Xoala Account to cover a payment leaving your Xoala Account; this must include the funds to cover any Fees (if applicable). Payments due to leave your Xoala Account where there are insufficient funds to cover both the payment and the Fee for the payment will fail.
- If a Payment Instruction is submitted on a Business Day before 4 pm CET we will process the Payment Instruction on that day. If the request is made on a non-Business Day or after 4 pm CET, we’ll process the Payment Instruction on the next Business Day.
- If we have agreed to make the Outbound Transaction on a future date we will:
- process the Payment Instruction on that future date if it is a Business Day; or
- the next Business Day after the future date agreed with us.
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Receiving Inbound Transactions
- You shall make payments into your Xoala Account in line with your Terms and Conditions of the account which can be found here.
- In respect of Xoala Cards, information about frequency, limits, charges and Fees, see the Fees Schedule at https://xoala.com/legal/global/fees/
- Depositing funds into a Xoala Account can be completed via wages or benefits, bank transfer, or debit card.
- The time that it takes for your Account Balance to be updated when you make an Inbound Transactions depends on the method that you use and the time that it takes for the funds to be sent to Xoala. If Xoala receives the funds on a Business Day, your Xoala Account will be updated with the amount on the same Business Day. If Xoala receives the funds on a day that is not a Business Day, Xoala will update your balance on the next Business Day.
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Foreign currency Transactions
- The Xoala Card can be used for Transactions which are not in the currency of the Xoala Card. We charge a Transaction fee for using your Xoala Card in overseas ATMs. The Fees are detailed in the Fees Schedule.
- If you make a Transaction in a currency other than the supported currency of the Xoala Card, we will change the amount into the currency of the Xoala Card at the wholesale market rate or any rate that a government and / or a regulatory authority may set from time to time. We charge a Fee for such a Transaction, which will be detailed in your Fees Schedule.
- Exchange rates may change, and the exchange rate which applies on the date that you make your Transaction may not be the same as the exchange rate we use on the date that we convert the Transaction charge and deduct the foreign exchange fee from your balance. The exchange rate applied will include this foreign exchange fee. Your online statement will show the exchange rate and service charge.
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Checking your balance
- To check the available balance on your card or to review your Transactions visit the Platform.
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Managing your balance
- It is your responsibility to ensure that you manage the Account Balance on your Xoala Account within the limits set out for your Xoala Account.
- It is your responsibility to ensure that any payments into your Xoala Account do not exceed the Balance Limit. Please refer to your Xoala Account for your Balance Limit.
- Should a payment be sent to your Xoala Account that would exceed your Balance Limit, the full payment will be returned to the Sender. The payment will be sent back to the Sender as soon as reasonably possible. Xoala accepts no liability for any costs or detriment incurred by you as a result of the funds being returned.
- It is your responsibility to ensure there are sufficient funds in your Xoala Account to cover any payments that you make.
- Xoala reserves the right to engage the services of a third-party debt collection agency to assist in the collection of any negative balance(s) on your Xoala Account and we may take legal action to recover any outstanding amounts. This may have an adverse impact on your credit rating.
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Performance of the Transaction
- We reserve the right to refuse to perform a Transaction (including after our confirmation) if:
- there are insufficient funds in your Xoala Account to cover the Transaction Amount (either before or after the foreign currency exchange) and the Transaction Fee; if the funds in your Xoala Account are insufficient in one currency, but there are sufficient funds in another currency, the Transaction will not be executed until you convert the necessary funds to the currency of the Transaction (except for cases where you have ordered an automatic currency exchange feature;
- we are unable to obtain satisfactory evidence of your identity;
- you provide us with false, incorrect or incomplete information;
- we are unable to reach you via contact details provided by you;
- your Payment Instruction, information or documentation is not provided sufficiently in advance to allow us to process it in accordance with your request;
- we have reason to believe that processing this Payment Instruction would violate anti-money laundering or counter-terrorism financing laws, rules or regulations;
- we reasonably believe there may be fraudulent activity or other financial crime affecting you, any Sender or Recipient, any funds on your Xoala Account, or any payment;
- you, or the Payment Instructions, are in breach of any Applicable Laws or are made for a Prohibited Purpose;
- processing the Transaction in accordance with your Payment Instructions may expose us to liability;
- we are unable to process the Transaction due to variations in business hours, currency exchange or currency availability issues or due to any Force Majeure Event;
- we are obliged to do so by any Applicable Laws, court order or instruction from an ombudsman, regulator or governmental body; or
- there is a dispute (which we reasonably believe is genuine) about who owns, or is entitled to, any funds on your Xoala Account. This includes (but is not limited to) the situation where a Sender makes a request for a refund of funds the Sender has sent to us for your Xoala Account, or we are made aware that the Sender has made a claim against you for return of those funds;
- you are in material breach of this Agreement;
- we have reason to believe that any of the foregoing has occurred or is likely to occur;
- you attempt to make on Outbound Transaction to an account that cannot accept payments through the payment system we normally use; in this case, we will tell you if there is any other way to make the Outbound Transaction but there may be a further charge for other methods; or
- you operate your Xoala Account while physically located in certain countries, we may not be able to offer you other products, or may decline Transactions, or may later withdraw your Xoala Account.
- In order to meet our Applicable Laws requirements, we reserve the right to withhold an incoming payment from being applied to your Xoala Account. The payment may be held by us for up to 48 hours before contacting you for further information. In some circumstances, we may not be able to apply the incoming payment to your Xoala Account and should this occur, we will inform you unless it is unlawful to do so. We shall not be held responsible for any loss that may result from this.
- We shall notify you of any exercise of our rights in this clause, including the reasons thereof and any follow-up procedure for correction, unless prohibited by Applicable Laws. This notification will be provided in accordance with Section 29.
- We shall not be liable for any damages, costs or losses incurred by the Sender or the Recipient or any third party if, as a result of any of the circumstances referred to in Clause 11.1-11.3, we fail to complete the transfer of funds in accordance with a Payment Instruction.
- We can charge a fee for refusing to perform a Transaction. The basis on which such a fee is calculated will be set out in your Fee Schedule.
- We reserve the right to refuse to perform a Transaction (including after our confirmation) if:
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When your card expires
- Your Xoala Card’s expiry date is printed on the card. You must not use the Xoala Card after its expiry date.
- You can request a new Xoala Card using the Platform. The new Xoala Card will be issued to you sent to you at the current address you have provided to us via your Xoala Account.
- If you renew your Xoala Card under circumstances in Clauses 12.2 or 12.3, these Terms and Conditions will continue to apply.
- In case you do not wish to renew your card, you can close your Xoala Account. Please refer to Section 21 for more information.
- If any balance remains on your Xoala Account for more than ten (10) years after the expiry date, it may not be refunded.
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Redemption
- You can redeem all or part of your balance by contacting us in ways described on the Website up until the date that is ten (10) years after the expiry date shown on your Xoala Card. We may request proof from you of the account name.
- We will transfer any redeemed funds into a bank account which is in your name, unless we have deposited the funds on your behalf and expense at the County Administration in Stockholm, Sweden (Sw. Länsstyrelsen Stockholm) according to Clause 21.3.2. In such a case, you can contact the County Administration in Stockholm, Sweden (Sw. Länsstyrelsen Stockholm) through their website: lansstyrelsen.se/Stockholm.
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Transaction limits
- We can also introduce, increase, decrease or abolish Transactions spending limits for certain types of Transactions made to or by you using our Services from time to time. We may do this for any of the following reasons:
- to comply with Applicable Laws, codes of practice or guidance, or a recommendation, decision or order of a court, ombudsman, regulator or government body, or new statements, codes of practice or industry guidance designed to enhance consumer protection and/or the security of payment and financial systems;
- to take account of and address risks we have identified with the Transactions, or to anticipate any such risks arising; or
- to reduce the risks of financial crime.
- We will publish details of Transaction limits on the Platform.
- We can also introduce, increase, decrease or abolish Transactions spending limits for certain types of Transactions made to or by you using our Services from time to time. We may do this for any of the following reasons:
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Cardholder liability and authorisations
- You must sign your Xoala Card as soon as you receive it and keep it safe. You must always make sure that you:
- do not allow anyone else to use your Xoala Card;
- do not reveal your PIN and never write down your password(s), PIN or any security information you have given us unless you do this in a way that would make it impossible for anyone else to recognise any of that information;
- only release the Xoala Card, card number or PIN to make (or try to make) a Transaction.
- You should treat the e-money on your Xoala Card like cash in a wallet. If you lose your Xoala Card or it is stolen you may lose any e-money on it in just the same way as if you lost your wallet. If your card is lost or stolen or someone else finds out the PIN or if you think your Xoala Card, card number or PIN may be misused, you must:
- log onto the Platform or Xoala App and block your Xoala Card if it is lost/stolen using the card management area;
- report the card lost/stolen by email to us at clientservices@xoala.com so that we can cancel and replace your Xoala Card; and
- if we ask, write to us within seven days to confirm the loss, theft or possible misuse, and stop using your Xoala Card, card number or PIN immediately. If you find your Xoala Card after you have reported it lost, stolen or misused, you must cut it up and tell us as soon as you can. If your Xoala Card is lost or stolen, once you have reported it you can request a replacement by contacting us in ways described on the Website. We may charge a Fee for the replacement card.
- You must notify us immediately by contacting us through the information provided in Section 28, or via our Platform on becoming aware that someone else knows your password, PIN or other security information or that any of these have been lost, stolen or misappropriated or you otherwise reason to suspect or know of fraud or security threats or unauthorised use of your Xoala Account. Once you notify us we will take immediate steps to try to prevent these details from being used.
- You may not be liable for any use of your Xoala Card, card number or PIN by another person who does not have your permission to use it or if it is lost, stolen or destroyed, unless:
- you agreed to that person having your Xoala Card, card number or PIN, or through your gross negligence or carelessness, failed to comply with Section 15, in which case you may be liable for any use that occurs before you tell us in accordance with these Terms and Conditions. If you are a consumer, the liability is limited to a maximum of SEK 12,000. However, if you have acted in a particularly reprehensible manner, you are liable for the full amount;
- you acted fraudulently then, to the extent permitted by law, you may be liable for misuse of your Xoala Card, card number or PIN.
- You may only be liable to a maximum of SEK 400 resulting from Transactions arising from the use of a lost or stolen card or from the misappropriation of the Payment Instrument where the cardholder has failed to keep security features of the card safe. The SEK 400 liability limit is applicable to each instance of loss, theft or misappropriation and not each Transaction. If your card is used without your permission, or is lost, or stolen or if you think your Xoala Card may be misused, we may disclose to law enforcement agencies any information which we reasonably believe may be relevant.
- In case of errors or disputes about Transactions, contact us via the contact information provided in Section 28.
- We may restrict or refuse to authorise any use of your Xoala Card in any legal jurisdiction if using the Xoala Card is causing or could cause a breach of these Terms and Conditions or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Xoala Card.
- You must sign your Xoala Card as soon as you receive it and keep it safe. You must always make sure that you:
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Eligibility and your right of access
- You warrant that you are over eighteen (18) years old and that you have legal capacity to enter into legally binding contracts under Applicable Laws, including local laws in the jurisdiction in which you live.
- The information and details you supply to us are true, accurate and complete. In accordance with the provisions of Section 24 below, you agree that Xoala can periodically validate information provided by you, using electronic address and identification verification tools and software which may be provided by public database processing companies, credit reference agencies and other sources.
- You agree to notify us promptly of any changes in the details you have supplied to us.
- You agree to use the Xoala Account and Xoala Card in accordance with this Agreement.
- When registering and setting up the Xoala Account, you will set up login details and security information that will enable you to access the Platform securely and use the Services.
- You must take reasonable steps to keep the details used to access the Platform safe and to prevent their fraudulent use. We expect you to take the following steps to keep your login information and details safe:
- disguising those details if you write them down and keeping them out of sight of any person;
- not sharing those details with anyone;
- being aware of scams designed to trick you into sharing your security details or other information that could be used to defraud you; we will never ask you to share your security details with us;
- checking your Xoala Account and Transaction History regularly;
- logging out of the Platform when you are not using it;
- keeping any devices you use to access the Platform, including your phone and laptop, secure; and
- following any reasonable instructions which we give you or publish on the Platform from time to time and which are intended to help you keep your use of our Services safe.
- Your Payment Instructions to us and your use of your chosen form of Payment Instrument for payment to us, will not breach any applicable agreement, Applicable Laws, and you agree to compensate us for any loss we suffer as a result of the above representations being untrue or incorrect.
- Subject to the terms of the additional card holder, you must only act on your own behalf. You must not make an Outbound Transaction or receive an Inbound Transaction on behalf of another person.
- You must only use the Services for Outbound Transactions to people that you know personally, and not to pay for goods or services from third parties you do not know and trust. If you choose to pay third parties for goods and services using our Services, Xoala has no control over this and is not responsible for, the quality, safety, legality, or delivery of such goods or services, and that any such use of the Services is entirely at your own risk.
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Fees, charges and interest
- We will charge you the applicable Fees and charges set out in the Fee Schedule. Information about changes to the Fees Schedule is provided on Xoala’s Platform and/or in account statements and/or in any other way communicated by us.
- If you submit a Payment Instruction that results in us becoming liable for Fees or charges, such as a chargeback, you agree to reimburse us for all such Fees.
- In order for us to collect payment from you, you authorise us to access, charge, or debit funds from, any of your chosen Payment Instruments. For example, if there are insufficient funds in your Xoala Account at the time you submit your Payment Instruction, we may try to debit your bank account or charge your credit card at a later time.
- Xoala is not responsible for any charges applied by the Recipient’s payment service provider or any intermediary payment service providers resulting from the transfer of funds into the Recipient’s account. You should contact the Recipient’s payment service provider directly for details about any charges that may be applicable to the Transaction.
- We will have no responsibility for any Fees or charges you may incur by the use of a particular Payment Instrument on the Platform. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or “cash advance” fees and additional interest which may be imposed by credit card providers if they treat use of the Services as a cash transaction rather than a purchase transaction.
- Subject to 17.3 above, should collection fail, you authorise Xoala to apply a temporary hold to your Xoala Account for Outbound Transactions. This temporary hold will last no longer than thirty (30) days wherein Clause 14 applies. Should the Xoala Account be credited during the temporary hold period, you authorise Xoala, to collect the outstanding payment and lift the applied hold.
- You will not be entitled to any interest from us for the period during which any funds are in your Xoala Account or for any other period.
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Limitations of liability
- We will provide the Services using reasonable care and diligence.
- We will use reasonable endeavours to make the Services available except for:
- planned maintenance, for which twenty-four (24) hours’ notice will be given by placing a notice on the Platform or by providing you an alert through the Services; or
- unscheduled maintenance during normal business hours (GMT) or otherwise, for which we will use reasonable endeavours to give you advance notice by placing a notice on the Platform or by providing you an alert through the Services.
- The Services is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Services will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Services in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by Applicable Laws.
- We will also not be responsible, to the extent permitted under any Applicable Laws, for any delay in any Transactions or any of our other obligations if this is caused by a Force Majeure Event. We will notify you as soon as we can if we are unable to perform a Transaction for any of these reasons and will use reasonable measures to secure the return of any money paid by you.
- Except where you have acted fraudulently, we will be responsible for your loss or damage which happens:
- before you set up your security details;
- after you have told us about suspected loss or misuse of your security details;
- after you have told us about suspected fraud or illegal activity on your Xoala Account;
- after we have processed your Payment Instructions without verifying your security details.
- We will also be responsible if you suffer loss or damage because we have acted with gross negligence or fraud, or we have deliberately breached our Agreement with you.
- We shall not be liable for any default resulting directly or indirectly from any cause beyond our reasonable control that would have been unavoidable despite all efforts to the contrary, including but not limited to, a lack of funds, and/or failure of network services at cash machines, maximum withdrawal limits set by cash machine operators, failure of data processing systems, acts of state or government, war, riot or terrorism, the suspension of any market, and postal or other strikes or similar industrial action.
- Where the Xoala Card is faulty due to our default, our liability shall be limited to replacement of the Xoala Card, or at our choice, redemption of the Account Balance.
- Where sums are incorrectly deducted from your Account Balance due to our default, our liability shall be limited to payment to you of an equivalent amount.
- In all other circumstances of our default, our liability will be limited to redemption of the Account Balance; and
- We shall not be liable for any person refusing to accept payment.
- The above exclusions and limitations set out in this Section 18 shall apply to any liability of our affiliates such as Mastercard, or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.
- We are not responsible if you suffer loss or damage as a result of:
- Things that are beyond our reasonable control, such as abnormal or unforeseeable circumstances that could not be avoided, or things we could not have known about.
- Something that we are not directly responsible for, such as where you suffer a loss of business, goodwill, profit or a lost opportunity.
- Us doing or not doing something due to legal or regulatory reasons.
- Technical, software or related issues that are beyond our control.
- Us acting on your Payment Instructions, and your Payment Instructions were incorrect.
- Us trying to contact you using your contact details, but you have not kept them up to date.
- You not keeping your security details safe, or you have failed to notify us of suspected unauthorised or fraudulent activity on your Xoala Account.
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Changes to this Agreement
- We can make changes to the Agreement for any of the following reasons:
- to reflect any change in Applicable Laws, codes of practice or guidance, or a recommendation, decision or order of a court, ombudsman, regulator or government body, or new statements, codes of practice or industry guidance designed to enhance consumer protection;
- to reflect any changes in our business organisation (for example, if we merge with another organisation or transfer our business to another organisation);
- to reflect any changes in technology or the systems we use to provide services to you;
- to maintain or improve the security of our products;
- to provide you with extra benefits or additional services;
- to introduce a new product, service or any new feature on an existing product or service;
- to reflect (in a proportionate way) changes in our costs in providing our services, for example changes in market conditions, technology costs, inflation and/or the cost of providing facilities.
- to reflect (in a proportionate way) any cost associated with any new product or service we introduce, or any new feature on an existing product or service;
- to reflect changes in the Bank of England base rate and other market rates;
- to make the terms clearer or fairer to you, or to benefit you or correct mistakes, ambiguities, inaccuracies or omissions where it will not make you worse off.
- Whenever we decide to make a change, we will act reasonably, and any change will be proportionate to the circumstances giving rise to the change.
- As our Agreement with you may last for a long time and we cannot anticipate everything that might happen during that time, we may also need to make changes for other justifiable reasons. If we do so, we will explain the reason to you when we notify you about the change.
- We will give you notice of the change at least two (2) months prior to the change except that:
- we will apply exchange rates changes immediately and without notice where such changes in the exchange rate are based on reference exchange rates (or these exchange rates changes are more favourable to you; and
- where we introduce a new service or functionality (even if we introduce new charges for that service), we will apply these changes immediately upon notice, provided the introduction of the new service does not affect your use of our existing services.
- If you do not agree to any changes we make under this clause, you can terminate this Agreement free of charge and at any time before the change comes into effect and the normal notice period set out in Section 21 will not apply. If you do not request this termination, you will be treated as having accepted the change.
- We can make changes to the Agreement for any of the following reasons:
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Payment services information
- This Section only applies if the Supplier’s bank is located within the European Economic Area (EEA) and the payment services being carried out are transacted in Euro, or another currency of an EEA member state.
- We will ensure that a Transaction you make is credited to the Supplier’s bank, or that returned funds following redemption or cancellation are credited to your bank.
- If you use your Xoala Card or provide your card details to a Supplier to make a Transaction before you know the amount which is going to be charged to your Xoala Card, you may be entitled to request a refund if the amount is unexpectedly large, provided that you notify us within eight weeks from the date the Transaction is deducted from your Account Balance. However, you will not be entitled to a refund if you consented to the Transaction, and/or have been told by us, or the Supplier, of the amount of that Transaction before the Transaction is due to be deducted from your balance.
- On receipt of such a request under Clause 20.3, we may require you to provide us with the information to ascertain whether the conditions in Clause 20.3 have been met. Within ten (10) Business Days of receiving a request from you under Clause 20.3 or of receiving any additional information required under this paragraph, we will provide a refund or justify why we are refusing the request.
- We are liable for the correct execution of the Transaction unless we can prove that the Transaction was received by the Supplier’s bank, in which case the Supplier’s bank is liable to the Supplier. You may request that we make immediate efforts to trace an incorrectly executed Transaction and notify you of the outcome.
- When a Supplier initiates a Transaction, it is the Supplier’s bank that is liable for the correct transmission of the relevant details to us. If the Supplier’s bank can prove that it is not responsible for a Transaction which has failed or been incorrectly executed, we will be responsible to you.
- If we are responsible for an incorrect amount being deducted from your Account Balance, we will correct the error. If we are responsible for a Transaction being deducted from your balance which you did not authorise, we will refund the amount of the Transaction to your balance and treat the Transaction as if it had never occurred. You must inform us of an unauthorised or incorrect Transaction as soon as possible and in any event no later than thirteen (13) months after the debit date. If you do not do so, we may not be liable.
- If you are due a refund for an unauthorised Transaction, we’ll try and make sure you receive this no later than the end of the next Business Day.
- We are not liable if you incorrectly identify the Supplier under a Transaction. In such a case, we will make reasonable efforts to recover the funds involved.
- If you are able to make payments directly from your Xoala Account to another person and if a payment you asked us to make within the EEA arrives later than it should have, you can ask us to contact the receiving bank and ask them to treat it as if it was made on time.
- For card-based payment Transactions where you do not know the exact amount of the payment Transaction at the time you authorise it, we will not block funds on your Xoala Card unless you authorise the exact amount to be blocked. This could be the case for payments you make at hotels or at fuel stations for example. We shall release any blocked funds without undue delay as soon as we are aware of the exact amount of the payment Transaction and immediately after receipt of the relevant payment order.
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Suspension, closure and termination
- Termination
- If you want to terminate this Agreement you need to give us one month’s written notice, except as provided for in Clause 21.1.2 below.
- Where we have materially breached the Agreement, and when possible not remedied the breach within a reasonable period of time requested by you, you have the right to terminate the Agreement with immediate effect by giving written notice.
- We can terminate the Agreement upon one month notice.
- Once the termination of your Xoala Account and/or Xoala Card commences all payment mandates (such as Direct Debits) out of your Xoala Account will be cancelled. Any payments into your Xoala Account will be returned to the Sender.
- Suspension and Closure
- We can suspend or close your Xoala Account and/or Xoala Card with immediate effect if:
- you have materially breached the Agreement, and when possible not remedied the breach within a reasonable period of time requested by us;
- you have given us information that is false or misleading;
- you through any means of communication intimidate, harass or threaten us, our employees, officers, agents, or customers with violence, property damage or any other offensive, indecent, discriminatory or hateful material;
- you breach or attempt to breach the security of the Platform or our Services (including, but not limited to, modifying or attempting to modify any information; unauthorised logins, unauthorised data access or deletion; interfering with the Services, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way);
- you are, in our reasonable belief, using the Platform and/or any of our Services in connection with fraudulent, illegal, unethical or immoral or any other Prohibited Activity, or to promote or support discriminatory, extreme or offensive practices, or permitting or encouraging a third party to do any of these things;
- you operate it in a manner that could be classed as non-standard use of a Xoala Account e.g. solely for gambling purposes;
- we become aware of a dispute over the operation of your Xoala Account or the ownership of funds on your Xoala Account or that an interest in your Xoala Account has been claimed by a third party;
- we are obliged to do so by Applicable Laws, a court order or the instructions of an ombudsman, regulatory or government body, or we reasonably believe that a court order is, or instructions from an ombudsman, regulatory or government body are, likely to be given;
- we reasonably believe that the way in which you are using some or all of our Services might expose us to any sanction, penalty, fine, censure, direction or order from any court, ombudsman, regulatory or government body;
- we reasonably believe there is a risk for other non-safe use of your Xoala Account or Xoala Card; or
- we suspect fraud, misuse or an unauthorised use of your Xoala Account or Xoala Card or have any other security concerns, or need to do so to comply with the law.
- We reserve the right to return any funds held in your account either back to the Senders of the payments or to Account Holder subject to satisfying the conditions in Clause 20.3.
- If a payment is in the process of being paid out when the closure process commences there is a possibility that the payment may still go through; it is your responsibility to ensure that you have made alternate arrangements for payments into and from your Xoala Account. We do not accept liability for any payments made or missed as a result of the account termination process commencing.
- We will give you notice if we suspect any unauthorised use or security risks concerning the use of your Xoala Card and/or Xoala Account.
- We will give you notice as soon as possible that we are suspending or closing your Xoala Account and tell you why (unless it would compromise our reasonable security measures or would be unlawful). We will cancel the suspension and/or closing of the Xoala Card and/or Xoala Account or replace your Xoala Card and/or Xoala Account as soon as there are no longer grounds for any suspension or closing of your Xoala Card and/or Xoala Account.
- We can suspend or close your Xoala Account and/or Xoala Card with immediate effect if:
- Transferring of funds
- You may contact Xoala for the closing of your Xoala Account and request a transfer of unclaimed funds. Any money held on your Xoala Account will be transferred to a bank account or to an account held with another electronic payment system as indicated by you. Any applicable Fees (Fees for services provided by us set out in the Fee Schedule and other unpaid amounts, including but not limited to, fines and damages incurred by us due to the breach of the Agreement or other obligations committed by you, which have been imposed by international payment card organizations, other financial institutions and/ or state institutions) will be deducted from your balance prior to transferring the funds. In the event of a dispute between you and us, the funds under dispute will be retained until the dispute is resolved.
- If you do not claim such funds within one (1) calendar year from the closing of your Xoala Account and/or your Xoala Card, Xoala may deposit such funds on your behalf and expense at the County Administration in Stockholm, Sweden (Sw. Länsstyrelsen Stockholm). Once any unclaimed funds are deposited at the County Administration in Stockholm, the responsibility of Xoala in respect of such funds shall cease and Fees and taxes will apply according to the regulations of the County Administration.
- If we have not deposited your funds at the County Administration in Stockholm upon closing the Account, or there has been no activity in relation you your Account you may redeem any remaining funds in your Xoala Account up to ten (10) years from the closing of your Xoala Account or the latest activity in relation to your Xoala Account. After ten (10) years the funds will be transferred into an account held by us.
- Termination
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General
- We will produce a monthly statement that shows various details relating to the Transactions on your Xoala Account since your last statement and what payment is due to us that month. We will provide this to you on the Platform on the first day of each calendar month. You will be alerted once we have uploaded it via a notification on our Platform.
- Termination of this Agreement does not affect your or our accrued rights and obligations at the date of termination.
- A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by Applicable Laws does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by Applicable Laws prevents further exercise of the right or remedy or the exercise of another right or remedy.
- The Customer represents, warrants and undertakes to ensure that any and all information provided hereunder by the Customer to Xoala is accurate and complete, and that it shall comply with all Applicable Laws, regulations, and with the terms of these Terms and Conditions and any alteration or amendment thereto.
- In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby.
- You may not assign, transfer or create any trust in respect of, or purport to assign, transfer or create any trust in respect of, a right or obligation under this Agreement.
- Neither this Agreement nor any Transaction carried out under them shall confer contractual or other rights on, or be enforceable against us by, any party other than you.
- We may transfer our rights and/or obligations under these Terms and Conditions or arrange for any other person to carry out such rights and/or obligations under these Terms and Conditions. If we transfer our rights, we will contact you before the transfer becomes effective and you will have the right to close your Xoala Account before the transfer comes into effect.
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Third party providers
- You can choose to allow a Third Party Provider (“TPP”) to access information on your Xoala Account, to combine and display information about your Xoala Account with information from accounts you have with other payment service providers, and, if applicable to your Xoala Card, to make payments for you from your Xoala Account, provided the TPP is authorised by the appropriate regulator and you have given your explicit consent.
- If you do, you must keep us informed of any incorrect or unauthorised Transactions that happen so we can take steps to stop further misuse of your Xoala Card and arrange any refund you’ve been entitled to.
- If you are thinking of using a TPP, it is important you check with the regulator whether it is authorised before you use it.
- We can refuse or stop access to a TPP if we’re concerned it isn’t authorised or if we believe it is fraudulent or acting fraudulently. If that happens, we’ll contact you to explain why unless we believe that would compromise our security or it would be unlawful.
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Collection of information
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Customer Identification Financial institutions are required to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all Customers. We may therefore ask you to supply us with personal identifying information relating to you, a Sender and any Recipient and we may also legally consult other sources to obtain information about you, any Sender and any Recipient.
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Verification and Checks
- We will verify your residential address and personal data in order to confirm your identity. We may also pass your personal data to a credit reference agency, which may keep a record of that information. This is done only to confirm your identity. We do not perform credit checks and therefore your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information provided by you is treated securely and strictly in accordance with all Applicable Laws. We may do this directly, for example by asking you for additional information, or asking you to take steps to confirm ownership of your accounts, Payment Instruments or email address; or indirectly, for example by verifying your information against third party databases or through other sources.
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Provision of payment services
- You acknowledge that Xoala will access, process and retain your personal data for the purposes of providing the payment services described in these Terms and Conditions.
- In line with the Privacy Policy we share your personal data within the Xoala Group in order to provide you with the best service. Where you make a payment from your Personal Account, we will provide the Recipient with your details (for example, your full legal name and IBAN). The Privacy Policy can be found here: https://xoala.com/legal/global/privacy/.
- In order to provide the Services to you, we work with suppliers and correspondent banking service providers. We normally share your personal data with:
- suppliers who provide us with IT, payment and card delivery services. For a complete list of our suppliers, please contact our Customer services team;
- our banking and financial-services partners and payments networks, including Mastercard, in order to help us provide our services to you – this includes banking and lending partners, banking intermediaries and international payment-service providers;
- analytics providers and search information providers, to help us improve the Platform;
- Customer-service providers, survey providers and developer, to help us to provide our services to you; and
- communications services providers, to help us send you emails, push notifications and text messages.
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Necessary information
- In order to provide the Services to you, you must provide us with an email and postal address and phone number and let us know of any changes. You must advise us as soon as possible of any changes to the details we hold for you; it is your responsibility to ensure that your details are up-to-date at all times. You agree that we may communicate with you by email for issuing any notices or information about your Xoala Account or Xoala Card and therefore it is important that you ensure you keep your email address updated on the Website.
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Fraud Prevention
- Personal data that we have collected from you can be used to prevent fraud and money laundering and to verify your identity.
- Details of the personal data that will be processed include, identity data contained in the your passport or other identity document; and unique identifiers that identify you as user of the Services for example: name, address, personal identification number, date and place of birth or account number.
- We may also enable law enforcement agencies and fraud prevention agencies to access and use your personal data to detect, investigate and prevent crime.
- We may hold your personal data for different periods of time, and if you are considered to pose a fraud or money laundering risk, your data can be held for up to three years.
- We may use information about you and your individual representatives to discharge the responsibilities referred to in Clauses 24.5.1–24.5.4 above to provide the Services and to manage our relationship with you. We may disclose this information to Senders, Recipients and intermediaries in the course of providing the Services or as required by Regulation (EU) 2015/847on information on the payer accompanying transfers of funds; persons with whom we share information for anti-money-laundering, security verification or validation purposes; regulatory and prosecuting authorities; service providers acting on our behalf.
- As part of the processing of your personal data, decisions may be made by automated means. This means we may automatically decide that you pose a fraud or money laundering risk if our processing reveals your behaviour to be consistent with money laundering or known fraudulent conduct, or is inconsistent with your previous submissions, or you appear to have deliberately hidden your true identity. You have rights in accordance with the GDPR in relation to automated decision making. If you want to know more please contact our Data Protection Officer at dataprotection@xoala.com, and/or using the details set out in Section 28 below and/or read our Privacy Policy available at https://xoala.com/legal/global/privacy/
- Xoala strives to ensure that the personal data we process is processed within the EU/EEA. However, the transfer to payment services providers or law enforcement agencies may involve the transfer (or risk of transfer) of your personal data to a country outside the EU/EEA. In many cases, this will be because the Recipient is a foreign company or is owned by a foreign company. To protect your personal data when we transfer it, we or our data processor have entered into the European Commission’s standard contractual clauses with the Recipient, verified that the European Commission has made a decision that the country has an adequate level of protection, or verified that another basis for the transfer is applicable, e.g. if the Recipient is a US company or organization, we check that the Recipient has joined the EU-US Data Privacy Framework (you can see which companies are affiliated here https://www.dataprivacyframework.gov/s/). If you would like a copy of the safeguard measures taken in your case, please contact us, contact information can be found in Section 28.
- We may use information about you and your individual representatives to discharge our responsibilities under this section to provide the Services and manage our relationship with you. We may disclose this information to Senders, Recipients and intermediaries in the course of providing the Services or as required by Regulation EC 2015/847 on information on the payer accompanying transfer of funds; persons with whom we share information for anti-money laundering, security verification or validation purposes; regulatory and prosecuting authorities; or service providers acting on our behalf.
- Individuals wishing to access or correct the information that we hold about them can do so by reading our Privacy Policy at https://xoala.com/legal/global/privacy/ and/or contacting our Data Protection Officer at dataprotection@xoala.com.Before giving us information about any individual you should make sure that they are aware of the matters set out in this Section.
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Virtual Cards
- Upon requesting a Xoala Card, you may also be able to request a Virtual Card, subject to availability.
- Subject to availability, this Virtual Card will be available to use as soon as the Xoala Card is created.
- Customers will have access to information about their Virtual Card in Xoala App and Platform.
- Customers will be able to use their Virtual Card for online Transactions only.
- Customers will not be able to use their Virtual Card for point of sale (POS) Transactions or for the withdrawal of cash at ATMs.
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Intellectual property
- The Platform, the content, the name Steven AB, Xoala and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Website or the Application relating to our products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trademarks) are owned by us, our affiliates or third party licensors. You shall not acquire any right, title and interest in and to the Platform shall remain our property of such other third parties.
- You may use the Platform only for the purpose of the bona fide use of our Services as an individual Customer and only permitted by this Agreement. You may not duplicate, publish, modify, create derivate works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express permission. You may not:
- use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Services and/or
- remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages of the Website).
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Governing law and jurisdiction
- Our relationship with you is governed by the laws of Sweden, and any legal case between us will be dealt with by the courts of Sweden.
- This Section 27 is for the benefit of Xoala only. As a result, Xoala shall not be prevented from taking proceedings in any other courts with jurisdiction.
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Help, information and complaints
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If you have any queries or require a copy of this Agreement (or any document mentioned in them), please contact us using the contact details in Clause 28.2 below.
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We aim to provide the highest level of Customer service possible. If you do experience a problem, we will always seek to resolve this as quickly and efficiently as possible. However, if you are unhappy and would like to make a complaint, please refer to our Complaints Policy for details of our internal process for dealing with complaints promptly and fairly. Our Complaints Policy is available on our Website or by contacting our Customer service team at:
Customer Services and Complaints Dept
Steven AB
Sturegatan 4, 3rd Floor, 102 44 Stockholm, Sweden
Email: clientservices@xoala.com -
We will then investigate the matter and try to reach a satisfactory conclusion. Complaints may be recorded and monitored for our internal use; we may submit an anonymised summary of complaints made to us during a particular period of time to our regulator. We will send you a final response within fifteen (15) Business Days after the day on which we received your complaint. In exceptional circumstances, where we cannot send you a final response within this time for reasons beyond our control, we will instead send you a holding reply within this time specifying the reasons for the delay in answering your complaint and the deadline by which you will receive our final response, being not later than thirty-five (35) Business Days after the day on which we received your complaint. If you do not receive our final response or you are unhappy with our final response, you may be able to refer your complaint to the Financial Supervisory Authority (sw. Finansinspektionen). You can make a complaint online at fi.se, by calling the on +468-408 980 00 or by e-mail to finansinspektionen@fi.se.
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This Agreement is agreed and accepted by you if you sign up and register to use the Services and the Platform and/or by checking a box on our Platform which states that you agree to our Terms and Conditions.
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How we communicate
- We usually communicate to you via email. You are required to check the Platform and for emails from us regularly and frequently. Any communication or notice sent will be deemed received by you on the same day.
- Where legislation 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. You are required to keep copies of all communications we send or make available to you.
- You can request a copy of the current Terms and Conditions or any other contractual document relevant to you by contacting Customer service.
- We will communicate to you in English and will always accept communications made to us in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.
- We may contact you via email, letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by post will be deemed received three days from the date of posting for Swedish post or within five (5) days of posting for international post. Any communication or notice sent by SMS will be deemed received the same day.
- If you need to speak to us, please refer to the contact information in Clause 28.2.