TERMS AND CONDITIONS FOR THE USE OF THE Wirex Community WEBSITE

Welcome

Welcome to the Wirex Community Forum Terms of Service.

These terms apply to your use of the Wirex Community Forum (the “Forum”).

Please read this document carefully, along with any documents referred to within to understand the terms and conditions which apply to your use of the Forum (the “Forum Terms”). Please do not use the Forum if you do not agree to these terms. Terms may differ for users in certain jurisdictions.

These Forum Terms apply to your use of Wirex Community website (the “Website”), including, but not limited to https://community.wirexapp.com/. The Forum Terms set out the legal agreement between:

You, as the Forum user; and

The Wirex company who supplies the Website identified below (or “we”, “our”, or “us”)

The Website is supplied by Wirex Limited (CRN 09334596), whose registered office is 34-37 Liverpool Street, London, EC2M 7PP, UK.

These Forum Terms are considered to include all other operating rules, policies, and guidelines that are applied to herein or that we may otherwise publish on the Website (as such, rules, policies and guidelines may be amended from time to time), including without limitation:

● Our "Guidelines for the use of the “Wirex Community” (hereinafter referred to as the “User Guidelines”), which are located at tbu

● Our Privacy Policy, which is located at tbu

In the event of any conflict between the User Guidelines and the terms contained herein, the User Guidelines will govern and control.

You are required to expressly accept the Forum Terms, User Guidelines, and Privacy Policy when registering to use the Forum.

THE SERVICES ON THE WEBSITE

1. Registered User

1.1 Wirex gives you the non-exclusive, non-transferable, revocable, limited right to access and use the Website. To gain full access and use of the Website, you must create a profile and register as a user (the “Registered User”).

1.2 You are only permitted to register one profile per person on the Forum. The profile is personal, and you must not transfer it to others.

1.3 It is extremely important for you to keep your profile secure at all time. Your password is set at the point of account creation. You determine your password, and it must be used with your email address when logging onto the Forum. Keep your password secure and do not share it with anyone, including third parties. If you become aware that the password is or may have been compromised, you are obligated to inform us as soon as reasonably possible.

1.4 At the point of account creation you will be asked to create a username. This username will be what identifies you and your engagements on the Forum and enables you to produce User-Generated Content (see 2.1 below) on the Forum. You may use a username which allows you to be identified or maintains your anonymity. The username must not (i) be offensive, obscene or hold the potential to be seen as offensive or obscene by other users of the Forum, (ii) contain the terms “Guest”, “Admin”, “.dk", ".com”, etc. or (iii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You warrant that your username does not infringe any rights (including any intellectual property rights) belonging to any third party and/ or being in breach of these terms.

1.5 Changes to the username may only be made by us. If you want to change your username, please contact us at supportescalations@wirexapp.com.

1.6 We are entitled to, at any time and without notice or prejudice, to delete, suspend or change your profile in the event of your violation or suspected violation of any of these Forum Terms or applicable law. You will lose all access associated with your account. We reserve the right to delete the User-Generated Content (see 2.1) you have made on the Forum.

1.7 Furthermore, we reserve the right, at any time and without notice or explanation, to delete your profile and User-Generated Content (see 2.1). In this case, our disclaimer applies without limitations.

1.8 You are not permitted to gain access or attempt to gain access to the parts of the Forum requiring user registration if you are not a Registered User.

2. User-Generated Content from Registered Users

2.1 You hereby grant us the worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to publish, display, reproduce, modify, create derivative works of and commercially exploit any material, information, notifications, reviews, articles or other types of communication which you create on the Forum as a Registered User (the “User-Generated Content” or “UGC”). We may freely use and transfer the UGC and disclose the UGC to third parties.
2.2 Registered Users are responsible for the UGC they publish on the Forum.
2.3 Registered Users guarantee that all UGC posted on the Forum is correct and true (where they state facts) or genuinely held (where they state opinions).
2.6 Registered Users must not, and must not allow any third party to, publish UGC on the Forum which includes;
● Material of marketing nature or has marketing purposes;
● Material, which is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, defamatory, tortious, obscene, pornographic or profane;
● Material that has sexist, political or racial character;
● Material that violates other people’s rights, including any intellectual property rights, rights of privacy and/or rights of publicity;
● Material which is offensive or in any way breaches any applicable local, national or international law or regulation:
● Material which violates these Forum Terms, including the User Guidelines;
● Material which reveals any personal information about another individual, including another person’s name, address, phone number, email address, credit card information or any other information that could be used to track, contact or impersonate that person;
● Material of a disloyal or unlawful purpose and/or content (or promotes unlawful purposes); or
● Material which is technically harmful to Wirex or other Registered Users (including without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct).
2.7 Contributors to UGC guarantee in every context that the UGC is lawful and in compliance with the Forum Terms. If Wirex receives notice or otherwise becomes aware that UGC violates current legislation and/or the User Terms, we may delete the UGC without notice, and we - dependent on the character of the violation - may inform the violated party and/or the authorities of the violation. Wirex reserves the right to delete UGC without providing an explanation.
2.8 You accept that Wirex has the right and may take any legal action, which we in our sole discretion deem necessary, in the case of any infringement of these Section 2 Terms or the Forum Terms in their entirety. You indemnify Wirex for any claims which may be made against us as a consequence of your violation of the Forum Terms or applicable law. You must indemnify and hold us harmless from and against any claim or loss due to third party claims against us resulting from your User-Generated Content.
2.9 We may, at any time, request information about the UGC from you, including documentation supporting the information included in the UGC, e.g. documentation evidencing that the UGC is based on an actual buying experience in an actual customer relation to the company to which the UGC relates.

GENERAL TERMS

3. Rights

3.1 The Forum and the services we offer via the Forum, including all underlying technology and intellectual property rights embodied therein, are and remain our sole and exclusive property, and no license or any other right is granted to any such underlying technology. If you provide feedback, ideas or suggestions regarding the Wirex App, Wirex Web Service or the services offered on the Wirex Community (“Feedback”), we are free to use such Feedback without restriction.

3.2 The content on the Wirex Community, including but not limited to the intellectual property rights, text, characteristics, graphics, icons, photos, calculations, references and software is or will be our property or the property of a third party (other than the Registered User) and is protected by the UK and applicable international legislation, including without limitation applicable copyright and trademark laws.

3.3 Unauthorized copying, distribution, presentation or other use of the Forum or part thereof is a violation of UK law and may result in civil and/or criminal penalties.

3.4 To the fullest extent permitted by law, the rights to free use of the UGC are transferred to us irrevocably, without any time limitation and territorial limitations, once UGC is created and posted to the Forum.

3.5 Downloading and other digital copying of the content on the Forum or parts thereof are only permitted for personal non-commercial use unless otherwise agreed with us in writing or allowed under applicable mandatory law.

4. Personal data

4.1 We perform different types of processing of personal data in connection with the use of the Forum. Our processing of personal data takes place under the observance of our Privacy Policy, which can be obtained here: www.xxx.com

By accepting these Forum Terms, you confirm to have read and accepted our Privacy Policy.

5. Disclaimers

5.1 The forum, content and services offered on the forum are provided ‘as is’ and ‘as available’ without representations or warranties of any kind. Wirex expressly disclaims any and all warranties, express, implied or statutory, including without limitation any warranties of non-infringement, merchantability or fitness for a particular purpose. The Website and services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

5.2 We make no representations or warranties concerning any UGC published on the Website. Notwithstanding the foregoing, Wirex may at all times investigate and edit (including anonymizing) UGC, e.g. if such actions are (i) prompted by third party requests, (ii) required under applicable law or (iii) necessary for the UGC’s compliance with our User Guidelines.

5.3 We disclaim all liability for the content of UGC. Our non-liability applies, without limitation, to any UGC, including UGC which has been edited by us (see 5.2). We are not liable for any links to third party websites in the UGC, including for the content of the page to which the UGC links.

6. Limitation of liability

6.1 We shall in no case be held liable, whether in contract, tort (including negligence) or otherwise for damages for the use of the Forum, even if we have been advised of the possibility of such damages, including (i) loss of profits, contracts, turnover, business, business opportunity, loss or corruption of data or recovery of party telecommunications and/or the Internet, anticipated savings or revenue (regardless of whether any of these are direct, indirect or consequential); (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential); or (iii) any direct, special punitive, incidental or consequential loss or damage whatsoever.

6.2 Our total aggregate liability, including without limitation liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with the User Terms, the Website or our services will never for any and all actionable circumstances exceed one hundred pounds (£100). You further agree that no claims or actions arising out of, or related to, the use of our Website or services or these User Terms may be brought by you more than one (1) year after the actionable event. Nothing in the User Terms excludes or limits either Party’s liability for matters which cannot be excluded or limited under applicable law.

7. Intellectual Property

All intellectual property rights in the Wirex Service and all content and logos are owned by or licensed to Wirex. You may not copy, imitate, or use any of this intellectual property without our prior written consent.

Your right to use the Forum is personal to you, and you are not allowed to give this right to any other person. Your right to use the Forum does not stop us from giving other people the right to use the Wirex Service.

8. Term and termination

We may terminate your right to access and use the services offered on the Forum at any time for any reason without liability. If we do so, or if you elect to delete your profile, any rights granted to you herein will immediately cease.

9. Governing Law and Dispute Resolution

English law will apply to all disputes and the interpretation of these Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Forum. This does not affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute about your use of the Forum heard in the courts of that country.

10. Copyright dispute policy

10.1 Wirex reserves right block or remove material that; (i) it believes to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders.

11. Miscellaneous

No third-party rights are created in these Terms. Only you, as the holder of the Wirex Community Profile, will have any rights to enforce these Terms. You cannot assign or transfer any of your rights under these Terms to someone else.

Where we do not enforce our rights under these Terms, we do not waive our rights. We may transfer or assign our rights under these Terms at any time.

Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the extent possible.

12. Contact

12.1 You may contact Wirex via email at supportescalations@wirexapp.com