Terms of Service

Updated Oct 26, 2020

introduction

The following terms and conditions (“Terms and Conditions”, “Terms”) apply between the user (“he”, “him”, “him”, “his” or “his”) and MYFUNDBOX (“MYFUNDBOX”, “we”, ” our “or” us “) and regulate the use of our payment processing and other services by the user. MYFUNDBOX is regulated by the Central Bank of Ireland. MYFUNDBOX i in Schiller40 Coworking Space, Porschestraße 2c, 38440 Wolfsburg, Germany.

This agreement is divided into four parts: Part one describes all conditions for the use of the services by the user. Part two describes all conditions that apply in particular to payment processing within the framework of the services. Part three describes all the conditions relating to our services in connection with prepaid cards. Part four contains additional legal conditions that define the legal relationship between the user and us. In order to be able to use our services, the user must accept these conditions and our data protection provisions in full. Furthermore, by accepting these conditions, the user confirms that he has read, understood and accepted our privacy policy. MYFUNDBOX may provide the user with additional business services that are offered in addition to the services listed below (“Additional Services”). These additional services can be provided by any member of our group of companies, including subsidiaries, and are subject to these terms as well as any other relevant terms. The rights and obligations of the user in accordance with the applicable data protection regulations may change if the user decides to use the additional services. and are subject to these Terms and any other relevant terms. The rights and obligations of the user in accordance with the applicable data protection regulations may change if the user decides to use the additional services. and are subject to these Terms and any other relevant terms. The rights and obligations of the user in accordance with the applicable data protection regulations may change if the user decides to use the additional services.

PART 1 – Dealer Processing Service

1. General

1.1. Our services enable the user to accept card payments [“transaction (s)”] from customers (“cardholders”) of the user using a compatible mobile device, the mobile app and the terminal (the latter is not required in the case of manually processed transactions) . MYFUNDBOX provides an up-to-date list of all  compatible mobile devices  and accepted payment cards on our website.

1.2. The user can use the services either via one of our terminals or by manually entering the payment card data. If the user accepts transactions via one of our terminals, transactions between the payment card and our servers are processed and authorized via the terminal.

1.3. If necessary, we provide the user with non-card-related payment services that enable them to make e-commerce payments via a third-party application (a “partner application”), e.g. B. to accept through a mobile app or website that are provided by a partner (the “partner”) as part of a separate business relationship between the user and the partner. Details of the partners will be provided on request. If the user only accepts e-commerce payments, the provisions set out in these terms and conditions with regard to card terminals and procedures for presenting a card by the paying party do not apply.

We are only responsible for the payment services provided as part of the partner application. The functionality of the partner application or other services that the partner provides to the user or cardholder is not our responsibility.

If agreed between the user and the partner, we may levy fees that, in addition to our transaction fees, also include a fee on behalf of the partner in order to collect the payments that the user owes a partner in the context of a business relationship entered into with the partner (the ” Partner fee “).

1.4.

1.4.1. By agreeing to these terms and conditions, the user declares himself in agreement with them and confirms to us that we can charge the user various fees for the various card products in accordance with our fee specification.

1.4.2. We give the user access to his current fee overview. By agreeing to these terms and conditions, the user confirms and acknowledges that we have summarized fee information according to card product, application, payment method and the applicable interchange fee rates for the transaction, and provide this information to the user at regular intervals, but at least once per Month and in a way that allows the user to save the information and reproduce it in unchanged form.

1.5. MYFUNDBOX’s obligations under these terms and conditions are limited to the provision of the MYFUNDBOX account and the MYFUNDBOX services. MYFUNDBOX will take all reasonable steps to provide the Services twenty-four (24) hours a day, seven (7) days a week year round. However, MYFUNDBOX may discontinue or suspend the services provided at its own discretion in order to carry out maintenance work, in the event of a legal need, if the user violates essential obligations under these terms and conditions or if, in our sole discretion, there is a reasonable suspicion of money laundering and / or financing of terrorist activities arise.

1.6. MYFUNDBOX provides the user with a transaction history and, if necessary, other transaction-related evaluation systems.

1.7. MYFUNDBOX reserves the right to commission third parties to fulfill any or all of MYFUNDBOX’s obligations under these terms and conditions.

2. MYFUNDBOX Account

2.1. In order to be able to use the MYFUNDBOX Services, the user must register and open a MYFUNDBOX account (“Account”). The user confirms that all information provided by the user about himself and / or the user’s business is correct at the time the account is opened. After successful registration, the user receives a confirmation email that MYFUNDBOX sends to the primary email address provided by the user. The user may only open one (1) MYFUNDBOX account, unless MYFUNDBOX expressly agrees to the opening of additional accounts or sub-accounts. The user is obliged to ensure that the information stored in the MYFUNDBOX account is always up-to-date and correct.

2.2. The user has to choose an appropriately descriptive business name which, if it differs from the company name, clearly identifies the user or the user’s business. The user must also provide their correct telephone number. The business name and telephone number can appear on the credit card statement or on the cardholder’s current account statement.

2.3. After the user has registered, signed up for a MYFUNDBOX account and accepted these terms and conditions, MYFUNDBOX can carry out a credit check and, at its own discretion, request additional documents from the user, which are required to carry out checks within the framework of the laws and regulations for combating money laundering and terrorist financing will. MYFUNDBOX will collect such credit information and perform appropriate checks; the user will support MYFUNDBOX to the extent necessary.

2.4. The decision as to whether the identity of the user according to 2.3. has been properly verified is taken in full by MYFUNDBOX and in our sole discretion. Until the user has been successfully identified and verified, these terms and conditions constitute a preliminary agreement that is fully binding on the user. MYFUNDBOX reserves the right to terminate these terms and conditions at any time during this period and thus not start providing the services on the basis of these terms and conditions.

2.5. The services are payment and e-money services and the account is not a bank account. The funds held in the account do not constitute deposits and do not accrue interest. The account is not covered by a compensation scheme. 2.5. The MYFUNDBOX account is registered on one of the MYFUNDBOX servers. We will hold an amount equal to all amounts owed to the User separately from our own funds but together with those amounts held on behalf of other accounts in a segregated bank account and these funds will be in accordance with our obligations secured according to the European Communities (Electronic Money) Regulations 2011. In the event that we should become insolvent, all monies we have received are protected against claims by our creditors.

2.6. If no activity is registered in the user’s MYFUNDBOX account for two (2) consecutive years, MYFUNDBOX has the right to send a notification to the registered primary email address of the user and if the user does not respond to this notification within thirty (30) days replies and explains that the user wants to keep the account to close the account. The user can still redeem his funds at any time by contacting customer service (by email at support@myfundbox.com or via the online chat function on our website

3. Restrictions on the use of the services

3.1. To use the services, a compatible mobile device (except for the 3G card terminal) and an internet connection are required, which are provided by third parties. These third parties can bill the user for the use of the mobile device or the Internet connection with which the user accesses the services. The user bears sole responsibility for settling any bills in this context.

3.2. By accepting these terms and conditions, the user confirms that they are acting in their own commercial or independent professional activity (and not in a personal function) and that they are authorized to do business in one or more of the countries supported by MYFUNDBOX (“countries”) feature. MYFUNDBOX publishes a regularly updated list of these countries on our website . If the user is a natural person, they must be at least eighteen (18) years old to use the services. We can ask the user at any time to provide proof of their age.

3.3. By accepting these terms and conditions, the user also agrees to the set of rules (“rules”) issued by the credit card organizations, including but not limited to  Visa ,  MasterCard and American Express(collectively “card systems”). This set of rules may make it necessary for individual users, depending on the transaction volume, to enter into an additional agreement with one of MYFUNDBOX’s acquirer service providers or the credit card company themselves. If this is the case, MYFUNDBOX will notify the user and provide an additional agreement. If these terms and conditions and such an acquirer agreement contain contradicting provisions, the terms of the acquirer agreement always take precedence over the provisions of the terms and conditions.

3.4. Without the express consent of MYFUNDBOX, the user may not accept any transactions if these are in connection with goods and / or services (i) which are not delivered or performed on their own account or on behalf of third parties; (ii) which are delivered or rendered outside of the normal business object of the user specified to MYFUNDBOX, including the repayment of a previously granted loan or a cash payment previously made by the user to the cardholder; (iii) which contain illegal content, content subject to the protection of minors, instructions for the manufacture of weapons or explosive devices or are related to this; (iv) Anything related to gambling, whether illegal or not, under applicable law; (v) related to sex shops or pornographic entertainment (other than adult magazines); (vi) relating to weapons, illegal drugs or unlawful products; (vii) for the sale of alcohol, tobacco, provided that these are the only products sold by the user; (viii) that MYFUNDBOX has reasonable grounds to believe could damage the reputation of MYFUNDBOX or the reputation of any credit card company; (ix) that are prohibited by applicable law. It is at MYFUNDBOX’s discretion to assign the use of the services to one or more of the above products or services and thus determine whether these comply with the terms and conditions.  .

3.5. If the user submits a transaction or attempts to submit a transaction that MYFUNDBOX believes violates these terms and conditions or applicable laws and / or that it could harm MYFUNDBOX, other users of MYFUNDBOX’s services or service providers (including fraud, reputational damage or Criminal offenses), MYFUNDBOX reserves the right not to authorize this transaction, to postpone it, to reverse it; and / or close or block the account; and / or report the transaction to the appropriate law enforcement agency; and / or claim damages from the user if MYFUNDBOX takes one of the above measures.

4. Terminals & software

4.1. The user can buy or rent terminals from MYFUNDBOX. The purchase price and the rental conditions are set regularly by MYFUNDBOX and on our  website . Separate terms and conditions may apply to the acquisition of terminals.

4.2. The user can only use one terminal for each MYFUNDBOX account. On request, MYFUNDBOX can provide the user with additional terminals for additional accounts or sub-accounts approved by us.

4.3. The user is not authorized to sell, rent, license or transfer the terminal to third parties or to allow third parties to use the terminal. The user is also not authorized to modify the software or hardware of the terminal in any way. The user may only use the terminal to accept payments.

4.4. With the exception of the purchase of the terminal, the user is obliged to return the terminal at MYFUNDBOX’s request; this is the case either after the expiry or termination of these terms and conditions or to replace an existing terminal. If the user cancels these terms and conditions, the user must return the terminal at his own expense.

4.5. In order to be able to continue using the services, the user is obliged to install all updates of the mobile app after being notified by MYFUNDBOX.

5. User Obligations

5.1. According to these terms and conditions, the user may only initiate transactions using terminals made available by MYFUNDBOX.

5.2. The user may not initiate a card payment if the card does not have all the typical elements for such a card, if the card appears to have been tampered with or damaged, or if the card has expired.

5.3. Without the consent of MYFUNDBOX, the user may not set a minimum amount per transaction higher than EUR 1.00. In addition, the user will offer cardholders goods and / or services under at least the same terms and conditions as customers who pay with cash. In addition, the user will not charge cardholders any additional costs or surcharges for accepting card payments.

5.4. The user is obliged to monitor the MYFUNDBOX account and the transaction history and to reimburse the respective cardholder for any credit in a transaction if the user received this incorrectly or if the amount of the transaction was incorrect.

5.5. The user will immediately notify MYFUNDBOX of any change in the information provided by the user upon conclusion of the contract, including changes to the business object, changes to the product range, sale or leasing of the company or a change of ownership, changes to the legal form or company, changes to the Business address or bank details of the company, changes in the financial situation of the user, as well as changes to the information provided by the user in accordance with the laws on combating money laundering and terrorist financing.

5.6. The user agrees that all MYFUNDBOX materials that the user receives from MYFUNDBOX are displayed for the cardholder as soon as they enter the business premises. Such communication materials are e.g. B. Stickers for the shop or car window with the logos of MYFUNDBOX and / or the credit card company as well as signs or notices that have to be displayed for legal reasons or according to the specifications of the credit card company or MYFUNDBOX.

5.7. The user will issue the cardholders with a paper receipt, insofar as this is required by law. In addition (i.e. not instead of a legally required paper receipt), the user can offer cardholders the option of receiving a payment receipt via e-mail or SMS.

5.8. The user recognizes the sole responsibility for the confidentiality of the login data for the MYFUNDBOX account of the user, that no user of the terminal manipulates the data entry and that it is not related to the unauthorized use of the MYFUNDBOX account, the terminal or other confidential information comes with the use of the services. If the user has a reasonable suspicion or knowledge that their own MYFUNDBOX account has been used without authorization, the user is obliged to contact MYFUNDBOX customer service immediately via our website (by email to support@myfundbix or via the online chat -Function on our website ) and / or change your login password via our website. As soon as MYFUNDBOX receives such a notification, MYFUNDBOX will also take appropriate measures to prevent unauthorized use of the user’s data.

5.9. The user is obliged to fully comply with the applicable rules of the “Payment Card Industry Data Security Standard” (PCI-DSS) during the entire business relationship (“PCI conformity”). In particular, the user must comply with these rules when storing, processing and transmitting card data. Information on the PCI-DSS is available on the German website of the PCI Council at https://de.pcisecuritystandards.org. https://www.pcisecuritystandards.org/ .

5.10. The user must immediately check the statements (e.g. invoices or statements) created by MYFUNDBOX, as well as credits, refunds, chargebacks and all other transactions that have been credited or withdrawn from the user’s or cardholder’s bank account. Any objections must be made immediately, at the latest within twenty-five (25) working days (“working days” are all days from Monday to Friday, but excluding public holidays in England) after receipt of the respective statement or booking. Failure to submit a complaint in good time is considered approval, unless there is an error on the part of MYFUNDBOX. If there is an error on the part of MYFUNDBOX, the user is obliged to immediately “Errors and Unauthorized Payments” ). MYFUNDBOX reserves the right, even after the deadline, to reissue corrected statements or to correct payments. Regardless of the given legal provisions, it is the sole responsibility of the user to keep receipts of all transactions, other data about his own MYFUNDBOX account and his own use of the services.

PART 2 – Payment Processing

6. Credit

6.1. The user expressly authorizes MYFUNDBOX and every financial institution with which MYFUNDBOX works to hold, accept and pay out credit balances in the name of the user as described in section 1.3. described. This authorization remains valid until the MYFUNDBOX account is closed or canceled. Withdrawals to the user’s bank account are carried out, at least in part, by third party financial institutions (e.g. the banks at which the user and we maintain our bank accounts) and we are not responsible for the final crediting of funds to the user’s bank account as soon as we have paid the funds to the user’s bank.

6.2. The user receives neither interest nor any other drawing on credit in his own MYFUNDBOX account. The user irrevocably transfers to MYFUNDBOX all rights to any usage that accrue to the credit in the user’s MYFUNDBOX account or are attributable to them.

6.3. If the user processes transactions in which the cardholder’s payment card details are entered manually via our app or the cardholder’s smartphone and which have a total amount that exceeds our threshold for a period of seven consecutive days, MYFUNDBOX retains the partial amount above this threshold for thirty (30) days before being transferred to the user’s account. If, for any reason, the user expects the above threshold to be exceeded, the user can contact us and request an accelerated payout plan. MYFUNDBOX reviews the request taking into account various factors to determine whether the user is eligible for such an accelerated payout.Website .

6.4. MYFUNDBOX will not transfer any credit from transactions that MYFUNDBOX has not yet received from the respective financial institution.

6.5. MYFUNDBOX has the right to investigate the user’s MYFUNDBOX account or to resolve unresolved objections. As a result, MYFUNDBOX may restrict access to the user’s credit for this period of time. In addition, MYFUNDBOX can restrict access to the user’s credit due to legal regulations or court orders.

7. Reserve

7.1. In order for the user to be able to fulfill his payment obligations from these terms and conditions, MYFUNDBOX has the right at any time to withhold payouts temporarily and to create a reserve (“reserve”). MYFUNDBOX can, at its own discretion, withhold a risk profile-based reserve for the use of the services at any time.

7.2. Notwithstanding section 7.1. The reserve also serves as collateral in favor of MYFUNDBOX. Without notifying the user in advance in each individual case, MYFUNDBOX is entitled to collect and offset any amount owed by the user under these terms and conditions from the reserve, including a negative balance on the MYFUNDBOX account.

7.3. If the user owes MYFUNDBOX an amount that exceeds this reserve, the user must pay the amount owed immediately, but no later than three (3) working days after the request by MYFUNDBOX. The user hereby expressly authorizes MYFUNDBOX to withdraw any amount owed by the user, including the expenses incurred to collect this sum, from the bank account to which the user receives payouts or from the credit card or the account that the user is purchasing has used a terminal to debit or collect by direct debit or to offset such an amount against the payouts owed by MYFUNDBOX. If the user does not meet the aforementioned payment obligation, this represents a significant violation of these terms and conditions,

8. Chargebacks

8.1. The amount of a transaction can be charged back from the user’s MYFUNDBOX account if the transaction is in dispute, is canceled by the relevant credit card company, the MYFUNDBOX processor, the cardholder or a MYFUNDBOX designated financial institution, or if MYFUNDBOX has reason believes that the transaction was unauthorized, suspected of being illegal, or violating these terms and conditions (“Chargeback”). * The following clause 8.2. only applies to users who registered before December 11, 2014. * 8.2. For everyone under section 8.1. However, MYFUNDBOX guarantees the user the payment of the full amount of a transaction (“payment guarantee”). If the user causes an excessive number of chargebacks at MYFUNDBOX’s own discretion, MYFUNDBOX is entitled at any time to discontinue the payment guarantee for the user and the following clauses 8.3. – 8.5. apply.

8.2. At MYFUNDBOX’s request, the user must, at his own expense, assist MYFUNDBOX in investigating transactions carried out using the services. The user acknowledges that failure to provide timely support, including providing necessary documents within ten (10) working days, may result in an irrevocable chargeback. MYFUNDBOX reserves the right to charge a fee for investigating and / or arranging chargebacks. We post any fees on our website from time to time .

8.3. If a chargeback conflict has not been resolved by the issuing bank or credit card company in favor of the user or if the user decides not to object to a chargeback, MYFUNDBOX has the right to collect the original transaction amount plus fees from the user and credit the original transaction amount to the cardholder .

8.4. If MYFUNDBOX determines that the user is causing an excessive number of chargebacks, MYFUNDBOX is entitled: i) to set up a reserve in an amount that MYFUNDBOX determines to be reasonable to cover expected chargebacks and associated fees, or ii) to cancel or suspend the services and close the user’s MYFUNDBOX account.

9. Refunds and Returns

9.1. If the user initiates transactions using the services, these terms and conditions oblige the user to process returns and refunds in accordance with these terms and conditions and the rules and regulations via the MYFUNDBOX account.

9.2. The rules and regulations require – among other requirements – that the user offers and publishes fair return and cancellation rules at the time of purchase. Refunds in the course of return and cancellation rules may only be made cashless, unless a cash payment is required by law; furthermore, the user may not accept cash or other valuable items for the refund of a transaction.

9.3. The refund amount must include all taxes that need to be refunded and cannot exceed the original transaction amount.

9.4. In the event of an exchange, a partial return or a faulty transaction, the user must first always refund the entire amount of the original transaction in order to then trigger a completely new transaction for goods and / or services sold or amounts actually to be charged.

9.5. Refunds through the user’s MYFUNDBOX account are permitted for up to thirty (30) calendar days from the date the transaction was originally initiated. MYFUNDBOX will collect the original transaction amount plus fees from the user and credit the cardholder with the original transaction amount.

9.6. If we discover that the user is making an excessive number of refunds, we can prevent the refund from being made.

10. Taxes

10.1. The user is responsible for the determination, withholding, reporting and payment of all taxes that are incurred, applicable, withheld and payable in connection with the use of the services to the relevant tax authorities. If MYFUNDBOX is instructed to do so by law or by order of an authority, MYFUNDBOX can provide the MYFUNDBOX account information and the user’s transaction history to the appropriate authorities.

PART THREE – MYFUNDBOX Prepaid Card

11. General provisions

11.1. MYFUNDBOX can, at its own discretion, issue a prepaid card (“Card”) and a (“Wallet”) to the user, which is linked to his MYFUNDBOX account. The availability of these services is tied to the activation protocols, identity verification and the availability of funds and is not generally available to all MYFUNDBOX customers.

11.2. Payment fees may apply for using these services. 

11.3. MYFUNDBOX issues the MYFUNDBOX Prepaid Card under the license granted to MYFUNDBOX by Mastercard International Incorporated.

11.4. A MYFUNDBOX account is required in order to use the card and therefore all provisions listed in parts one, two and four also apply to these services.

11.5. The MYFUNDBOX prepaid card is aimed at business customers and may only be used to make payments for a company registered with MYFUNDBOX. The MYFUNDBOX prepaid card may not be used for personal use.

12. The service

12.1. All MYFUNDBOX merchant accounts with a linked card have the option of receiving credit card payments to their bank account or card. In the user’s account, which is accessible via the MYFUNDBOX online portal, the user can select the appropriate payment option.

12.2 If the user decides to pay on his card, the money will be kept in an electronic wallet which MYFUNDBOX manages for this purpose on behalf of the user.

13. Top up wallet balance and withdraw money

13.1. The user’s wallet can be topped up by stipulating that the proceeds from transactions processed with the user’s merchant card are paid directly into his wallet.

13.2. In addition to providing the wallet with funds through its processing activities as a merchant, MYFUNDBOX may also offer the user the option of providing their wallet with funds by charging their wallet with funds directly by means of a credit or debit card payment or a bank transfer.

13.3. Transfers to the user’s wallet cannot be reversed or canceled. However, the user can request a booking on his bank account at any time.

13.4. The MYFUNDBOX prepaid card can be used to purchase goods and services from all merchants with a MasterCard acceptance mark or to withdraw cash from all ATMs with the MasterCard logo.

13.5. If purchases are made with a MYFUNDBOX prepaid card, MYFUNDBOX processes the user’s transaction instructions as soon as we receive the transaction message from the merchant. MYFUNDBOX receives all other transaction instructions from the user at the time the user asks us to carry out the corresponding transaction.

  14. User obligations

14.1. When registering and activating his card, the user must define a PIN.

14.2. The user is strongly advised not to write down his PIN or to keep it with his card.

14.3. The user is not allowed to share his PIN with other people. The user is responsible for all authorized payment transactions and any fees that result from the use of his card. If the user grants other people access to their card, card number, account number or IBAN, PIN or online registration information, we will interpret this as if the user had approved the corresponding use, and the user is liable for all payment transactions initiated by these persons and Fees.

14.4. In the event of loss or theft of the card or if the user has failed to protect the security functions of his card in accordance with these terms and conditions, the maximum liability of the user as the paying party is limited to € 50 or the corresponding local equivalent, unless the user has fraudulently Acted intentionally or intentionally or grossly negligently violating these terms and conditions; in this case the user can be held liable for the entire loss.

14.5. For some card payments, an additional security check by Mastercard’s 3D secure system may be required before processing. For this purpose, it may be necessary for the user to answer security questions, confirm the payment process by using a confirmation code sent by SMS or confirm the payment process by fingerprint recording on a compatible device.

14.6. The user is fully responsible for the use of any card, card number, account number, PIN, virtual account information or online credentials in accordance with the terms of this Agreement.

14.7. The user is asked to contact us immediately via our customer service at support@myfundbox.com or via the online chat function on our website  . If the user believes that their card, card number, account number, PIN, virtual account or online credentials have been lost or stolen, or if the user believes that third parties are using their card account without their permission have transferred or could transfer.

14.7.1. If the user suspects that their card has been compromised, they can temporarily block it by logging into the MYFUNDBOX dashboard. The user is asked to contact us in such cases so that our security team can investigate and protect their account.

14.8. Strong customer authentication. In order to process payments, MYFUNDBOX needs additional security features and an additional authentication method is required to verify the identity of the user. A smartphone linked to the user’s account in combination with a personalized feature such as a PIN or password serves as an additional authentication method. The user must have both of the above in order for payments to be processed.

14.8.1. The user is obliged to treat his PIN and password confidentially at all times and to adequately protect his smartphone against access by third parties. The reason for this is that anyone who is in possession of the user’s PIN, password or smartphone can use the services without authorization.

14.8.2. To protect their own PIN, their own password and their own smartphone, the user should note the following:

  1.  It is forbidden to save your PIN and password electronically in an unsecured manner.
  2. When entering your own PIN or password, you must ensure that no other person can see the information. 
  3. The user’s PIN and password must not be passed on outside of the MYFUNDBOX Wallet security process, i. H. for example, they should not be sent by email. 
  4. The user’s PIN and password must not be kept in the same place as the user’s smartphone.

14.9. Open banking. The user can enable open banking providers and third-party providers to access their account information or to make payments on their behalf, provided that they act in accordance with the user’s instructions and the applicable legal provisions. These providers must have government approval to make payments, and often must be authorized by a regulatory agency such as the Financial Services Authority. 

14.9.1. If the user would like to use an open banking provider or a third-party provider, the user should ask them for more information on the respective authorization status (if available) and also check this themselves. (The user can do this by checking the relevant online registers of the supervisory authorities with authorized companies.) If the user wishes to withdraw authorization from Open Banking providers and third-party providers to access their account information or to make payments on their behalf, the user should contact us or the relevant provider directly.

14.9.2. All requests for payment that we receive from open banking providers and from third-party providers approved by the user are treated as if they had been sent to us by the user and are carried out in accordance with these terms and conditions. If the user assumes that open banking providers or third-party providers are making a payment on their behalf and they do not do so, we are not responsible for the failure to execute the payment. 

15. Duration, cancellation and termination of the wallet and card services

15.1. In accordance with applicable anti-money laundering and terrorist financing laws and regulations, we are required to collect, verify and retain information about all of our customers. As long as this process has not been completed, the services for the user can be partially restricted or completely blocked.

15.1.1. If the user’s identity has been partially verified, full use of the user’s card account is restricted, but the card may be used for in-store payment transactions. In particular, the following services may be restricted: withdrawals from ATMs, international payments, transfers from one account to another and additional top-ups. The use of the card account can be restricted at any time and without notice for the purpose of combating fraud.

15.2. We reserve the right to block, revoke or cancel the user’s card or wallet if, as a result of our policies and processes, we discover activities that we reasonably believe to be fraudulent, suspicious or criminal or that are otherwise inconsistent with these terms and conditions are. If we block, suspend or cancel the card or wallet of the user, we will inform the user of the corresponding process if possible before, but at the latest after the blocking, suspension or cancellation of the user’s card, unless there are any objectively justified security reasons or it is unlawful for us to do so.

15.3. In the event that we discover unusual or suspicious account activity, we may temporarily suspend the user’s card or wallet. If we make use of this right, we are not liable to the user if he does not have the corresponding funds on his card and / or virtual account or if he is unable to use his card.

15.4. For security reasons, we may limit the amounts or the number of payments the user can make with their card. The user may not use his card for illegal online gambling or for any other illegal payments. We can tighten, reduce, reverse or remove such restrictions or add new restrictions at any time.

PART 4 – Additional Legal Provisions

16. MYFUNDBOX’s Obligations

16.1. MYFUNDBOX is not liable for direct and indirect damage, as well as the fulfillment of these terms and conditions, insofar as the consequences are based on actions that MYFUNDBOX is obliged or required to take as a result of compliance with legal or regulatory requirements, express provisions of this contract or the regulations, and also as a result of higher circumstances Violence, the user’s violation of these terms and conditions.

16.2. MYFUNDBOX is not liable for indirect damage or consequential damage, including loss of profit or damage to image.

16.3. None of the provisions contained in these terms and conditions represent a limitation of the statutory liability obligations.

16.4. MYFUNDBOX does not assume any warranty, guarantee or liability for the actions or omissions of third parties involved in the performance of the services. The same applies to advertising by third parties on the MYFUNDBOX website.

16.5. MYFUNDBOX is not liable for interruptions or impairments of the services or for interruptions or impairments of services used by third parties.

16.6. MYFUNDBOX assumes no liability in any case for claims, proceedings, damages or losses in an amount that exceeds the amount of the fees collected by MYFUNDBOX for the services provided to the user within the last three (3) months prior to the event on which the claim was made is based, exceeds.

16.7. MYFUNDBOX assumes no liability for defects in the hardware or products of third parties that MYFUNDBOX sells as part of or incorporates into the Services. The hardware manufacturer, who is solely responsible for customer service, defines the warranty and other contractual conditions.

17. Exemption

The user is obliged to indemnify MYFUNDBOX, as well as employees, managing directors, agents, affiliated companies, representatives and service providers of MYFUNDBOX from all claims, costs (including reasonable legal fees), losses and damage in connection with claims, actions, audits, reviews or other processes based on the fact that (i) the user has violated any applicable law or regulation, these Terms of Use, the network rules or any other conditions that apply to the user’s MYFUNDBOX account; or (ii) the user has used the Services in an incorrect or inappropriate manner; or (iii) the user initiated a transaction through the Services; or (iv) the user against the rights of third parties, including data protection, Has violated publication and intellectual property rights; or (v) a third party has accessed and / or used the Services using the user’s username, password or other suitable security code.

18. Confidentiality & Data Protection

18.1. The user and MYFUNDBOX undertake to treat confidential information obtained from the other party or a cardholder under this agreement, in particular not to make it accessible to third parties. “Confidential information” includes, in particular, information that concerns company and / or business secrets of one of the parties, as well as information about cardholders that has not been anonymized. Both parties are obliged to comply with all data protection regulations and to take appropriate precautions against unauthorized use of card and cardholder data; Such data may only be stored if and for as long as it is absolutely necessary.

18.2. If the personal data of the cardholder is sent back to the user by MYFUNDBOX, the user undertakes, in the absence of the cardholder’s express consent, to use this data only for limit control, combating abuse and avoiding payment defaults and not for other purposes, in particular not for profiling (e.g. B. Evaluation of shopping behavior) or for sales and marketing purposes. The user may not make such information available to third parties or use it for marketing purposes without the express consent of the cardholder. The user must comply with all applicable data protection laws.

18.3. Further information on the collection, use and protection of personal data can be found in the data protection provisions on the MYFUNDBOX website. Website .

19. Relationship with third parties

19.1. MYFUNDBOX is not a party to the legal relationship between the user and the cardholder and MYFUNDBOX assumes no liability for the object on which the transaction is based, in particular the type and quality of the goods and services offered for sale, the purchase price, discounts, warranties, etc. The user is external always appears as an independent legal entity that is independent of MYFUNDBOX.

20. Term, Suspension, Termination

20.1. Subject to clause 20.3, these terms and conditions shall remain in effect until these terms and conditions are approved by the user or MYFUNDBOX in accordance with clause 21.2. be terminated.

20.2. The user can terminate and close his account at any time free of charge. MYFUNDBOX can block or terminate and close the MYFUNDBOX account of the user at any time without reason, subject to a notification period of at least 2 months. Furthermore, MYFUNDBOX can block or terminate and close the MYFUNDBOX account of the user without prior notice if (i) the user violates these terms of use or other contractual provisions, including the network rules, which apply to our services; or (ii) the user violates any law or regulation by using the Services, or MYFUNDBOX has reason to believe that such a violation has occurred; or (iii) MYFUNDBOX has reason to believe that the user is in any way involved in fraudulent activity, money laundering, Is involved in terrorist financing or other criminal activity; or (iv) the user poses an unacceptable credit or fraud risk for MYFUNDBOX, or (v) MYFUNDBOX has reasonable grounds to believe that the user’s MYFUNDBOX account has been tampered with, or for other security reasons.

20.3. In the event of the MYFUNDBOX Account being closed or terminated: (i) these terms and conditions continue to apply to the user, (ii) the user immediately ceases to use the services, (iii) the license granted to the user under these terms of use ends, (iv ) MYFUNDBOX reserves the right (without being obliged to do so) to delete the user’s account data stored on MYFUNDBOX’s servers and (v) MYFUNDBOX is not liable to the user or a third party for the termination of access to the services or the Deletion of the user’s account data.

20.4. Immediately after the effective termination of the MYFUNDBOX account, the user must pay MYFUNDBOX all amounts owed to MYFUNDBOX in accordance with these terms and conditions on a pro-rata basis up to the time of termination. MYFUNDBOX will also pay the user all amounts owed by MYFUNDBOX under these terms and conditions. Notwithstanding the preceding provisions, MYFUNDBOX has the right to withhold the reserve until the user’s MYFUNDBOX account including any chargebacks has been finally paid, but not longer than thirteen (13) months from the effective termination.

21. Communication

21.1. Written messages and notifications are sent to the user by sending an email to the email address specified in the MYFUNDBOX account or published on our website. These messages and notifications are deemed to have been delivered within twenty-four (24) hours after they were published on our website or within twenty-four (24) hours after they were sent to the user by e-mail, unless we have not received any notice regarding the non-delivery of the E -Mail received.

21.2. For this reason, the user is obliged to ensure that at least one valid email address is stored in the user’s MYFUNDBOX account at all times. MYFUNDBOX assumes no liability in the event that the only e-mail address provided by the user is invalid or the user has changed the e-mail address without informing MYFUNDBOX of this. We will notify the user in the event of suspected or actual fraud or a suspected or actual security threat in connection with the user account as described in this Clause 22.2. presented via the email address provided by the user

21.3. The user is obliged to check regularly and frequently whether messages have been received. Emails may contain links to other communications on the MYFUNDBOX website. Insofar as MYFUNDBOX is legally obliged to provide the user with information on a permanent data carrier, MYFUNDBOX will either send the user an email or a message that the information can be called up on the MYFUNDBOX website in a printable format. The user is obliged to keep copies of all communications that MYFUNDBOX sends or makes available to the user.

21.4. In addition to communication by e-mail, MYFUNDBOX reserves the right to contact the user by letter or telephone if necessary. Any notices sent by post will be deemed to have been received three (3) business days from the date postmarked by the Irish Post or within five (5) business days from the date postmarked by international mail.

21.5. MYFUNDBOX will set the user’s preferred language on the basis of the country selected by the user when registering and then send standardized messages to the user in this language. For non-standardized messages, MYFUNDBOX reserves the right to send them to the user in English. Documents or communications in any other language are for general convenience only and do not represent an obligation for MYFUNDBOX to conduct future communications in the same language.

21.6. The user can request a copy of these terms and conditions at any time by contacting customer service at support@myfundbox.com or using the online chat function on our website

22. Intellectual Property Rights

22.1. “Intellectual property rights” means all intellectual property rights that exist directly or indirectly in the Services, the terminal, the website, the Internet domains, all content, the technologies relating to the Services and all logos, including all copyrights, moral rights, database rights , Trademark and name rights, utility models and designs and patents as well as including all worldwide and exclusive or non-exclusive rights of use that currently exist or will arise, granted or transferred.

22.2. MYFUNDBOX (or MYFUNDBOX’s licensor) is the exclusive owner of all intellectual property rights; no provision in these terms and conditions constitutes a transfer or granting of rights to the user. The user may not copy, imitate or use these intellectual property rights without the prior written consent of MYFUNDBOX.

22.3. MYFUNDBOX grants the user a personal, limited, non-exclusive, revocable and non-transferable right (without the right to sub-license) to electronically access and use the services for the purpose of accepting card payments. 23.4. Without the prior written consent of MYFUNDBOX, the user may not: (i) transfer rights granted to the user under these terms and conditions to third parties; (ii) enable third parties to use the Services (by renting, leasing or otherwise); (iii) access or monitor content, materials or information on a MYFUNDBOX system using manual or automated processes such as robots, spiders, scrapers, etc .; (iv) copy, reproduce in any form, any content, material or information from MYFUNDBOX, alter, modify, create derivative works therefrom, publicly display, republish, upload, post, transfer, resell or distribute; (v) Disregard restrictions in the Robot Exclusion Headers for the Services, circumvent or bridge technical restrictions in the Services, use tools to activate functions or functionalities that are otherwise deactivated for the Services, or decompile, disassemble or open the Services dismantle in another way, unless this is expressly permitted by the relevant statutory provisions; (vi) use the Service for any purpose other than that permitted under these Terms and Conditions. upload, post, transfer, resell or distribute; (v) Disregard restrictions in the Robot Exclusion Headers for the Services, circumvent or bridge technical restrictions in the Services, use tools to activate functions or functionalities that are otherwise deactivated for the Services, or decompile, disassemble or open the Services dismantle in another way, unless this is expressly permitted by the relevant statutory provisions; (vi) use the Service for any purpose other than that permitted under these Terms and Conditions. upload, post, transfer, resell or distribute; (v) Disregard restrictions in the Robot Exclusion Headers for the Services, circumvent or bridge technical restrictions in the Services, use tools to activate functions or functionalities that are otherwise deactivated for the Services, or decompile, disassemble or open the Services dismantle in another way, unless this is expressly permitted by the relevant statutory provisions; (vi) use the Service for any purpose other than that permitted under these Terms and Conditions. Use tools to activate functions or functionalities that are otherwise deactivated for the services, or to decompile, disassemble or otherwise dismantle the services, unless this is expressly permitted under the relevant statutory provisions; (vi) use the Service for any purpose other than that permitted under these Terms and Conditions. Use tools to activate functions or functionalities that are otherwise deactivated for the services, or to decompile, disassemble or otherwise dismantle the services, unless this is expressly permitted under the relevant statutory provisions; (vi) use the Service for any purpose other than that permitted under these Terms and Conditions.

22.5. While using the services, the user can generate or submit content (“user content”). Subject to those rights that the user grants MYFUNDBOX by accepting these terms of use, the user retains all rights to his own user content. For any user content transmitted by the user, the user confirms that the user is the rights holder or has the approval of the rights holder to upload this content and grants MYFUNDBOX a worldwide, non-exclusive, free, fully paid, transferable and sublicensable right to use the user content in advertising activities and to use and reproduce other public representations related to MYFUNDBOX’s services. The user can remove the user content transmitted by the user by terminating the MYFUNDBOX account. The user may not submit any user content to the Services that is (i) false, misleading, unlawful, obscene, indecent, indecent, pornographic, defamatory, offensive, threatening, harassing, hateful, abusive or inflammatory; (ii) encourage conduct that constitutes criminal acts or may give rise to civil liability; (iii) breach any obligation or infringe any third party’s rights, including disclosure and confidentiality rights; (iv) contains corrupted data or other harmful, disruptive or destructive files; (v) promote goods or services that compete with those of MYFUNDBOX or MYFUNDBOX’s partners; or (vi) in MYFUNDBOX’s opinion, impair or prevent the use of individual parts of the Services by other persons or which may expose MYFUNDBOX to the risk of possible injury or liability. Although MYFUNDBOX is not obliged to review, modify or monitor user content, MYFUNDBOX reserves the right to change or delete user content at any time without notice. The user is aware that when using the services, the user may be exposed to user content that is offensive, indecent or undesirable. MYFUNDBOX assumes no responsibility or liability for loss of or damage to user content. Is obliged to change or monitor user content, MYFUNDBOX reserves the right to change or delete user content at any time without notice. The user is aware that when using the services, the user may be exposed to user content that is offensive, indecent or undesirable. MYFUNDBOX assumes no responsibility or liability for loss of or damage to user content. Is obliged to change or monitor user content, MYFUNDBOX reserves the right to change or delete user content at any time without notice. The user is aware that when using the services, the user may be exposed to user content that is offensive, indecent or undesirable. MYFUNDBOX assumes no responsibility or liability for loss of or damage to user content.

23. Changes

23.1. MYFUNDBOX has the right to change these terms and conditions at any time and to adapt, remove or discontinue individual provisions of the services or to attach certain conditions.

23.2. MYFUNDBOX will inform the user about proposed changes to these terms and conditions by email to the primary email address stored in the user’s MYFUNDBOX account or by a notification within the mobile app.

23.3. Proposed changes will take effect two (2) months after the date of the change notification, provided that the user does not object to the change to MYFUNDBOX before the changes take effect. Changes that adapt the contract in favor of the user take effect immediately, provided this has been communicated in the change notification. In the event that the user has informed us before the proposed changes come into effect that he objects to them, he can at any time free of charge and with the date on which the changes would come into effect if he had not objected to them cancel with immediate effect.

23.4. MYFUNDBOX publishes the current version of the terms and conditions on our website .

24. Severability Clause

24.1. If any part of these terms and conditions is held to be invalid, unlawful or unenforceable by a competent court, that part will be separated from the remaining provisions in these terms and conditions; the remaining provisions retain their validity and enforceability to the full extent permitted by law.

25. Assignment

25.1. MYFUNDBOX is entitled to transfer all rights and obligations of MYFUNDBOX under these terms and conditions to third parties. The user hereby declares his consent to the assignment.

25.2. The user may only assign the rights or obligations of the user under these terms and conditions to third parties with the prior written consent of MYFUNDBOX.

26. Errors and unauthorized payments

26.1. If the user is of the opinion that we have not carried out a payment transaction or have executed it incorrectly or processed an unauthorized transaction, the user must notify us of this immediately, but no later than thirteen (13) months after the date of the payment transaction.

26.2. If we have failed to execute a payment transaction or executed it incorrectly, we will immediately endeavor to investigate and correct and correct the error without undue delay.

26.3. In the event of an unauthorized payment, the payment amount including all deducted fees will be refunded immediately, at the latest by the end of the business day following the date of notification of the unauthorized transaction. This does not apply if we have a reasonable suspicion of fraud in connection with such an unauthorized payment and we inform the competent national authority of these reasons in writing.

26.4. We have written procedures in place to effectively correct errors that affect consumers and we are committed to correcting any errors we make as soon as possible.

27. Complaint Resolution

27.1. In the event of any complaints about the services, it is recommended that the user first contact our customer service at support@myfundbox.com or use the online chat function on our website

27.2. All complaints are subject to our complaints procedure. Upon request, we will provide the user with a copy of our complaint procedure.

27.3. In most cases, the user will receive a full response to this complaint by email from us within fifteen working days of receiving their complaint. In exceptional cases in which we are unable to fully respond to the user’s complaint, we will notify the user, stating the cause of the delay and the time frame within which the user can expect a detailed response . In any case, the answer must be given within thirty-five days of the receipt of the user’s complaint.

 28. Records

28.1. We will retain details of individual transactions for a period of six years from the closing date of each transaction. All other data records are kept for a period of six years from the point in time at which we no longer offer the user any product or service.