These Terms of Use are effective from the 13 June 2023 between you – our client- and MTACC Limited (hereinafter “MTACC”), trading as ePayService, Authorised and Regulated by the Malta Financial Services Authority under the Malta Financial Institutions Act.

Details for our licensed activities along with our address and contact details are available from our website www.epayservices.com and from the Malta Financial Service Authority website www.mfsa.com.mt/

We are not a bank and do not provide services as retail banks do; we operate a very specific segment of clients and we strongly recommend you check whether your needs are best covered by a bank, or another service provider replicating banking services. Our services are subjected to a very high level of financial crime prevention checks and controls that may require you to submit information and documents in a different manner as a regular bank would do.

These Terms of Use are solely available in English and are not issued in any other language. Should you require any assistance, we will gladly try to engage with you in a number of different languages, however, in case of doubt, the present version in English, will prevail.

You acknowledge and agree that by checking the “Agree” box when opening your Account, you agree to abide by the following terms and conditions (“Terms of Use”) concerning your use of the MTACC E-Wallet Service, which includes E-Money and Payment Services.

If there is any part of the Terms of Use you do not understand or wish to clarify, please contact our Customer Contact Centre at via the chat system in our webpage or directly within your account.

1. Definitions and Interpretation
   
   1. In these Terms of Use, the following words have the meaning set out beside them:

      Account

      means your online stored value account which holds electronic money

      Client

      means any person who meets all eligibility requirements set out in these Terms of Use

      Fees

      means any and all Fees and charges levied by MTACC for your use of the MTACC E-Wallet Service, as stated in the Fee Table on the Website and which may be amended by MTACC’ from time to time

      Fees Table

      means a table of Fees published on our Website from time to time

      Debit Card

      means the card issued by us and Mastercard linked to your account subject to separate Terms and Conditions

      MTACC Service

      means the electronic money issuing and payment services service provided by MTACC; the services are provided via your E WALLET, where you will be able to merge your accounts and activities

      MTACC’, We, our, us

      means MTACC’ a financial institution incorporate under the laws of Malta, Authorised and Regulated by the Malta Financial Services Authority, allowed to e-money issuing and payment services

      MTACC Exchange Rate

      means the exchange rate used by MTACC on all currency exchange transactions as published on our Website

      Transfer

      means, as the context permits, (a) the debiting of an amount of electronic money from your Account and the concurrent crediting of such amount to a third party or other Client account, as designated by you; or (b) the crediting of an amount of electronic money to your Account and the concurrent debiting of a third party account or other Member account, in each case less any applicable Fees.

      Website

      means the www.epayservices.com Website, or such other Website through which MTACC may offer the MTACC Service from time to time

   2. These Terms of Use shall apply to all Clients.
2. General
   
   1. It is a condition that you agree to these Terms of Use, which form a legally binding contract once you become a Client. We may find it necessary to change the Terms of Use from time to time and will notify you of any changes by posting notice of the changes on our Website with a link to the amended Terms of Use, at least 60 days before the entry into force of the proposed changes. Changes that make these Terms of Use more favourable to you shall come into effect immediately if so stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
      

      You will be deemed to have accepted the changes unless you notify us to the contrary before they come into force. Should you disagree with the proposed changes, you have the right to terminate the Terms of Use immediately and without charge before the proposed date of their entry into force.

      You may review the current Terms of Use prior to initiating any transaction at any time by clicking on the “Terms of Use” page. The Terms of Use will show the most recent revision date. No revision will affect any transaction that is outstanding as of the date of such revision. Use by you of the MTACC E Wallet Service indicates your agreement to these Terms of Use. We encourage you to print a copy of the Terms of Use for your future reference.

   2. The following policies, as amended from time to time, are incorporated into and form part of these Terms of Use:

      1.Prohibited Activities list

      2.Privacy Policy

      3.Complaints Procedure

      The latest version of each of these policies is located on the Website for your reference.

3. MTACC E-Wallet Service
   
   1. MTACC is a “financial institution”, we are not a bank. Our activities are defined in the Malta Financial Institution Act and the Payment Services Directive 2 and the Second Electronic Money Directive of the European Union. We are regulated by the Malta Financial Services Authority and subject to oversight by the Malta FIAU for financial crime prevention purposes.
      

      You acknowledge that (i) Accounts are not subjected to statutory protection in terms of deposit compensation scheme (we do not hold deposits); (ii) MTACC’ does not act as a trustee, fiduciary or escrow holder in respect of balances in your Account; and (iii) MTACC’ does not pay interest on any balances in your Account.

   2. Although you are not required to keep a balance in your Account, if you do have a balance in your Account, funds representing that balance are segregated and pooled with funds representing the balances of other Clients in an account held by MTACC.
4. Eligibility
   
   1. In order to use the MTACC’ E Wallet -Service, you must (i) be at least 18 years of age and of the age of majority, whichever is older, in your country of residence; (ii) open an Account in accordance with the instructions set out in the registration page of our sign up site; (iii) not be in default of any Terms of Use or otherwise have access limited to your Account, nor have had any previous Account closed by us; and (iv) not be a resident of any country to which MTACC’ does not provide the MTACC’ E-Wallet Service from time to time as set out in the Non-Serviced Country list referred to in section 2.2 hereof. Unless we otherwise permit from time to time, you may not open more than one Account and we may terminate any or all of the Accounts of a Member who has, or whom we reasonably suspect has, multiple Accounts.
5. Clients
   
   1. To become a Client, you must open an Account by completing all requested information set out on the registration page of our sign up site. A Client must maintain an active address, phone number and email address to become and remain a Client. You will not provide any false, inaccurate, incomplete or misleading information. You will not provide any name, bank account or credit card information that you are not legally authorised to use. You may not permit any other person to use your Account. You will promptly update your Account details on the Website if your name, address, email address, phone number, debit card or account information changes. You may not be able to use the MTACC E-Wallet Service until you have satisfactorily passed all of our necessary identity and security validation and verification checks.
   2. We conduct stringent verification on all clients without exception; we understand that our activities pose an enhance level of risk, thus expect continuing and on going requests for information as part of your relationship with us. All request for data are mandatory and necessary to fulfil our statutory and regulatory obligations.
6. Account Activity
   
   1. By opening an Account, Clients will be able to, subject to payment of any applicable Fees and compliance with these Terms of Use: (i) purchase electronic money to be credited to your Account so that you may make transfers to, and receive transfers from/to other Clients or third parties; and (ii) redeem electronic money from your Account.
   2. Funding an Account: In order to purchase electronic money to be credited to your Account, you may choose from one or more payment options available to you depending on your country of residence. You must also complete the information requested, including passing all identity and security validation and verification checks; these checks may include video verification, personal information, accessing, storing and monitoring of your digital footprint; for details, please refer to our Privacy Policy.
      

      You authorise us to obtain or receive funds on your behalf from your chosen payment source, plus applicable Fees, and then issue electronic money to your Account.

      Notwithstanding the foregoing, certain purchase options entitle you to have us fund electronic money to your Account by debiting an account at your financial institution. In the event we are advised of insufficient funds in such account, we may re-present such uncleared payment at your financial institution up to two more times. In addition, we may debit the applicable insufficient funds charge and such uncleared payment from your Account, obtain it from your designated financial institution or otherwise collect it from you.

      We reserve the right to impose limits on the purchase and transfer amounts and frequency you may use such options.

   3. Transfers
      

      Clients may make transfers by completing the information on the respective section of the “Dashboard” page of our Website. In some cases, you may be able to make transfers from the Website of a third party. You authorise us to debit from your Account any applicable Fees at the time of any transfer. When making transfers, you may not designate an amount in excess of the balance in your Account at the time the request is made plus the applicable Fees. If you attempt to do so, your transfer request will be denied.

      You must give consent to the execution of a transaction for it to be authorised. You agree that by pressing the [agree] button you are confirming that you are providing consent for the payment transaction to be processed and for the relevant Fees to be charged. A code or a form of additional verification will be sent to you to confirm your instruction.

      You also agree that once consent has been provided by you, the authorised transfer can no longer be revoked or cancelled. To this extent the time of receipt of the transaction request is the time when the [agree] button has been pressed.

      The amount of any transfer received will be credited to your Account balance, less any applicable Fees. If a transfer credited to your Account is reversed by the sender prior to you transferring or redeeming any part of it, the amount of the transfer will be returned to the sender and no Fees will be owed by you.

      We may refuse to execute any transfer where we suspect that that the Terms of Use have been violated, or where we are otherwise required to do so by law. We will notify you of such refusal, Our reasons for doing so and, where applicable, how to rectify the error that led to the refusal, unless such notification – or part of it – is prohibited by law.

   4. Redemption
      

      Clients may redeem at par all or a portion of the balance of electronic money in their Account (excluding amounts that have not cleared your financial institution) by selecting one of the redemption methods available to you in your country of residence set out in the “Withdrawing Funds” page of our Website.

      You will be able to redeem any uncleared amounts once they clear. We will process the redemption request immediately provided all identity and security validation and verification checks are successfully completed, which we will conduct as soon as reasonably practicable. Depending on the method of redemption you choose, a Fee may be applicable which will be deducted from the balance in your Account prior to redemption. You may not redeem funds less than the applicable Fee. We will take reasonable steps to ensure that redeemed funds are received by you three (3) business days after the redemption request. However, we shall not be liable for delays in the redemption of funds where those delays are caused by any third party involved in the redemption.

   5. You acknowledge that certain electronic money purchase, transfer and redemption options will require different types and levels of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to MTACC’ applying its reasonable discretion in using and sharing relevant personal data to conduct such identity and security validation and verification checks if you choose such options.
      

      You also acknowledge that certain of our electronic money purchase, transfer and redemption options impose certain minimum and maximum limits. We reserve the right to impose limits on the purchase, transfer and redemption amounts and frequency you may use such options, and to change such limits from time to time without notice.

7. Fees
   
   1. We will charge you the Fees set out in the Fees Table in connection with transfers made in relation to your Account (including funding, purchasing and withdrawal transactions). We will also charge you certain administration Fees set out in the Fees Table, including, but not limited to, in relation to on-going management of inactive accounts, debt collection and reprocessing charges in case of insufficient funds. All Fees will be charged in the currency of your Account and you agree that we may debit by way of set-off from your Account any Fees, charges or other amounts owing to Us and payable by you in connection with the Service.
   2. MTACC reserves the right to change Fees from time to time. Updates will be indicated on the applicable web page, and you will be notified pursuant to clause 2.1.
      

      Changes to the reference exchange rate mentioned above shall apply immediately, without prior notice.

8. Chargebacks
   
   1. If you purchase electronic money using your credit card or through your bank account and then authorise a payment to a third party or another Client of the funds issued to your Account in exchange, you will not charge back, cancel or de-authorise the credit card or bank account charge. Without limiting our rights or remedies, if you do charge back, cancel or de-authorise your card or account charge in such circumstances, you are responsible for refunding the payment. We may, at our discretion, recover the amount by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.
9. Currency
   
   1. When you register your Account, you have the option of choosing from a list of currencies. You may also have the option to also access other currencies different to EUR. Your request for an additional currency facility may be executed by yourself at any given time.
      

      Please be mindful that operating on different currency may involve the use of an Exchange Rate which in most cases add to the cost of your transaction.

10. E-Wallet and Cards
    
    1. Depending on their country of residence, MTACC Clients may apply for a MTACC Debit Card and for E-Wallet MTACC Service. Terms of Use for Debit cards can be found in our website.
11. Reward or Promotional Programs
    
    1. From time to time, we may offer reward programs or other promotional programs. We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion.
12. Other Clients Obligations
    
    1. You agree to use your Account in accordance with the provisions of these Terms of Use and any other instruction we may give you regarding the use of Our Service, and that you are prohibited from engaging in any of the following:

       a. using the MTACC’ E-Wallet Service to obtain a cash advance from your credit card (or assisting others in such activity); additionally, we have a list of prohibited activities, which is included at the end of this document. All transactions that may relate to any of those activities are forbidden and will trigger the closure of your account; please ensure your activities do not fall within the scope of prohibited activities.

       b. using the MTACC’ E-Wallet Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection;

       c. sending unsolicited email or similar methods of mass messaging (spam);

       d. harassing or engaging in obscene, rude or abusive behaviour against us or any of our representatives; and

       e. tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the MTACC E-Wallet Service, or attempting to do any of the foregoing

    2. It is your responsibility to keep your Account identification, secure identification, password, security questions and answers and other information specific to your Account confidential and in a safe and secure place. This includes ensuring the on-going security of your log-in details on your personal computer device for accessing the Internet. Should another person gain access to your Account by passing all identification and security validation and verification checks, we may at our discretion treat any transaction conducted by that person as valid and are not responsible under any circumstances for any loss or damage you may incur as a result.
       

       If you think that you have lost your password, Account details, or that they have been compromised, stolen, or that someone has been using your Account without your permission, you must notify Us immediately through our email support form or by using the telephone number provided in these Terms of Use.

       You are liable for any losses incurred in respect of an unauthorised payment transaction arising from the use of your Account details (lost or stolen) or where you have failed to keep the personalised security features of your Account safe, unless you have notified Us that you believe that your password or Account details have been stolen or might be used in an unauthorized way, as specified in the above paragraph. You may be obliged to bear the losses relating to any unauthorised payment transactions, up to a maximum of EUR 50.

    3. You are fully responsible for any goods or services bought by you that are settled through your use of the MTACC E-Wallet Service. Any dispute with a Merchant regarding any product or service bought by you through the MTACC E-Wallet Service is between you and the Merchant and you agree that MTACC’ shall not be a party to such dispute. MTACC does not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
    4. You are fully responsible for the instructions you give MTACC and as a result we may not be able to detect errors in your payment instructions. Any transfer will be deemed to have been correctly executed where it has been executed in accordance with your instructions. However, We will make reasonable efforts for recovering the funds involved and will apply the relevant Fee for doing so, as per the Fee Table.
    5. You acknowledge and agree that except for Merchant error as confirmed by us, illegal activity involving your Account, or any breach by you of our Terms of Use, all electronic money purchases, transfers or withdrawals into or out of your Account are final and not reversible.
       

       In the event of an unauthorised, non-executed or incorrectly executed transfer, you must let Us know without undue delay on becoming aware of any such transfer. You are only entitled to redress if you notify Us without undue delay, and in any case no later than 13 months after the debit date, provided that we have provided or made available the required transaction information to you. Where you are entitled to redress, we will refund the amount of any unauthorised, non-executed or defective transfer and, where applicable, restore your account to the state it would have been in had the unauthorised transfer not taken place.

       However, you shall be liable for all losses incurred in respect of an unauthorised transfer where you have acted fraudulently, with intent or gross negligence.

    6. You acknowledge that your intended recipient of a transfer is not required to accept the transfer. If an intended recipient declines a transfer, your Account will be re-credited with the amount of the transfer and no Fees will be charged.
13. Privacy
    
    1. Our Privacy Policy forms part of these Terms of Use and we would ask you to review the policy referred to in section 2.2 hereof prior to agreeing to these Terms of Use; the Privacy Policy is available from our website www.epayservices.com. Any person who enters the correct account and security information relating to the Account and who otherwise passes our identity and security validation and verification checks will be able to access your Account. Therefore, in order to safeguard the privacy of your Account and personal information, you should not divulge your password or other security information to anyone else. You are solely responsible for safeguarding your password and other security information. You may not use anyone else’s password or security information to gain access to another Account.
    2. You acknowledge and accept that: (i) when liaising with customer service agents at MTACC’, your e-chats or calls will be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; and (ii) for fraud and security purposes your records are kept by MTACC’ even after your Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants and other Clients to or from whom you transfer funds: name, Account number, jurisdiction, country of residence, postal code, Email address, and/or IP address.
14. Limiting Access or Terminating your Account
    
    1. These Terms of Use are concluded for an indefinite period of time.
       

       You have the right to close your Account and thereby terminate your legal agreement with Us (and your right to use the Service) at any time by giving Our Customer Contact Centre notice. In particular, you are entitled to cancel these Terms of Use and so close your Account at any time within 14 days from the day on which these Terms of Use commenced by sending notice of your intention to do so to the above mentioned department.

       We reserve the right to terminate the Terms of Use by giving you 60 days prior notice. Where such termination is as result of an event, act or omission that renders the Terms of Use to be unenforceable, void or discharged (including as a result of illegality or change of law) we reserve the right to terminate the Terms of Use with immediate effect.

       Notwithstanding the above, we may, at our discretion, suspend or limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to send or redeem, transfer or withdraw electronic money from your Account, limiting your payment sources) or close your Account, at any time, in any of the following circumstances:

       a. breach of any of these Terms of Use;

       b. if we have reasonable grounds to believe that your Account has been used in connection with unauthorised or unusual credit card or bank account use, including without limitation, notice of such use by your bank or credit card issuer;

       c. abuse by you of the reversal or charge back process provided by your bank or credit card company;

       d. receipt in your Account of potentially fraudulent funds;

       e. refusal to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;

       f. initiation of transactions that may be considered to be cash advances or assisting in cash advances;

       g. we believe your Account has been used or allegedly used in or to facilitate any financial-crime activity;

       h. return of a payment for insufficient funds in the bank account;

       i. we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud, business, or reputational risk to us; and

       j. to comply with financial crime, money laundering or terrorist financing investigations or prohibitions issued by government authorities, agencies or commissions.

    2. If we permanently close your Account, we will notify you before doing so, either by phone or email according to the most recent phone number or email address that you have provided us and send you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the limitation or closure).
       

       If any case arises where we are unable to inform you that such measure has been taken, we will inform you immediately after it has been taken, except where such disclosure is prohibited by law.

       After the reasons for stopping use cease to exist, we will allow the use of the Account as soon as practicable or replace it with a new Account.

    3. (a) We may charge an annual or other periodic administration fee (“Administration Fee”) if you have funds in your Account and have not made any additions, transfers or redemptions from your Account (“Inactive Account” or “Account Inactivity”) for a period of 14 months. The administration fee will be deducted from the funds in your Account.
       

       (b) If you have or have had an Inactive Account for a period of two (2) years or for ten (10) months after the first application of an Administration Fee, it will be terminated and no further transactions will be possible on your Account. Any Account Inactivity before this version of these Terms of Use came into force shall be included in the calculation of such periods. After the termination of your Account, we will notify you using the last details you provided to confirm that your Account has been terminated. If you have any funds in your Account you will be charged fees in accordance with our fees table (as amended from time to time) and any funds still credited to your Account shall be forfeited to MTACC after a termination period of six years

    4. You must give us at least 30 day’s notice to close your account; we will conduct the relevant regulatory checks and ensure there are no pending liabilities, and we will initiate the process of closure; we require you to provide documents and verify certain information to ensure compliance with legal requirements. Termination is free of charge in cases where you have had your account for six months or more; in other cases you may incur charges to settle pending liabilities and additional administrative work;
    5. You are entitled to downloading statements prior to closure, which may include at least 13 moths of transaction history; all statements are available to you at all times and you choose to access them at your convenience.
15. Warranties, Liabilities and Disclaimers
    
    1. MTACC reserves the right to validate and verify any of the information you provide with third parties at any time.
    2. Without limiting section 6, MTACC shall make reasonable efforts to ensure that requests for debits and credits involving accounts are processed in a timely manner. The maximum execution time for transfers to be complete is three (3) days. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. We make no representations or warranties as to continuous, uninterrupted or secure access to the MTACC E-Wallet Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade or maintenance.
    3. We assume that prior to opening your Account, you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the MTACC E-Wallet Service and you agree to indemnify MTACC, its affiliates, holding companies, subsidiaries, agents and subcontractors, from and against any and all liability that might arise from your use of the MTACC E-Wallet Service in violation of any law or regulation.
    4. WE MAKE NO EXPRESS WARRANTIES, GUARANTESS OR CONDITIONS TO YOU WITH RESPECT TO THE MTACC E-WALLET SERVICE EXCEPT AS SET OUT IN THESE TERMS OF USE, AND ALL IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT WHERE IMPLIED OR STATUTORY WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW.
    5. Neither MTACC’ nor any of its affiliates, holding companies, subsidiaries, agents or subcontractors shall be responsible for any claim, loss or damage suffered or incurred by you or any third party unless it has been caused as a direct result of our negligence or wilful misconduct; provided that under no circumstances shall MTACC’, its affiliates, holding companies, subsidiaries, agents or subcontractors be liable for any claim, loss or damage caused or alleged to be caused by any of the following:

       a. errors made by you or any Merchant or other Member in sending or receiving transfers or withdrawals, such as making a transfer to an unintended person or transferring an incorrect amount;

       b. use of your Account by another person who passes all identity and security validation and verification checks;

       c. failure by you to use up to date virus scanning software and firewall protection on the computer or other device you use to access the Internet;

       d. any fraud or misrepresentation made by a Merchant or Client, even if the Merchant or Client passes all identity and security validation and verification checks;

       e. errors or omissions in our Website content;

       f. misuse or inability to use our Website, whether due to reasons within our control or not;

       g. delays, losses, errors or omissions caused by the failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;

       h. interception or seizure compelled by law;

       i. circumstances beyond our reasonable control;

       j. any abnormal and unforeseeable circumstances beyond our control (the consequences of which would be unavoidable despite our best efforts); and

       k. any of our actions taken due to our obligations under other provisions of Community or national law.

    6. IN NO EVENT SHALL MTACC, ITS AFFILIATES, HOLDING COMPANIES, SUBSIDIARIES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM) OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALISE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
    7. We disclaim any and all liability for any goods or services bought or sold by you that are settled through your use of the MTACC E-Wallet Service.
    8. You agree to indemnify MTACC’, its affiliates, holding companies, subsidiaries, agents and subcontractors from and against any and all claims brought by third parties against MTACC’, its affiliates, holding companies, subsidiaries, agents or subcontractors relating to your use of the MTACC’ E-Wallet Service in respect of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by MTACC’, its affiliates, holding companies, subsidiaries, agents or subcontractors as a result of your breach of these Terms of Use.
    9. MTACC retains all right, title, and interest in and to all trademarks, trade names, logos, Website designs, text, content and graphics, and other intellectual property rights used by MTACC in relation to the MTACC E-Wallet Services and any use, reproduction, modification, or distribution by you of such trademarks, trade names, logos, Website designs, text, content, graphics, or other intellectual property rights, is prohibited.
16. Complaints Procedure
    
    1. We refer you to the MTACC complaints procedure referred to in section 2.2 hereof for any complaint or dispute you may have concerning your Account. If we are unable to resolve your complaint, you may also complain to the Complaints Unit of the Malta Financial Services Authority. Customers may refer eligible complaints to the Malta Financial Services Authority if a matter cannot be resolved in accordance with MTACC’s internal complaint handling procedures.
       

       Office of the Arbiter for Financial Services

       1st Floor
       St Calcedonius Square
       Floriana FRN 1530
       Malta

       Freephone: 80 072 366
       Telephone: (+356) 21 249 245

    2. You agree to waive any right you may have to commence or participate in any class action suit or proceeding against MTACC’, its affiliates, holding companies, subsidiaries, agents and subcontractors arising out of or relating to any dispute, claim or error and you also agree to opt out of any class proceedings against us.
    3. We encourage you to inspect your Account history online and to print or save a copy of all transaction data for future reference. If your Account history shows transactions that you did not make or authorise, you must notify us immediately upon identification or suspicion, pursuant to clause 12.5.
17. General
    
    1. MTACC may engage the services of one or more affiliates, holding companies, subsidiaries, agents or subcontractors in order to fulfil its obligations.
    2. These Terms of Use shall be governed by the laws of Malta. All disputes arising out of or relating to these Terms of Use shall be resolved by the Courts of Malta, except where European Union legislation requires a specific dispute to be resolved by the courts of another jurisdiction.
    3. We may send communications and notices to you at the email address or postal address you provided to us during the registration process (or as updated subsequently by you). Any and all communications and notices by either party under these Terms of Use by email shall be deemed given on the day the email is sent, unless the sending party receives an electronic indication that the email was not delivered; and if by mail, shall be deemed given 10 business days after the date of mailing.
    4. These Terms of Use are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. These Terms of Use and the policies referred to in Section 2.2 constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace any and all prior agreements. In the event of inconsistency between this version of the Terms of Use and the version on the Website, the version on the Website will prevail.
    5. Our failure to exercise or enforce any right under these Terms of Use shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
    6. The rights and remedies available to MTACC in these Terms of Use are cumulative and are in addition to any other right or remedy available to MTACC at law or in equity.
    7. You may not transfer, assign, subcontract or delegate your rights, duties or obligations under these Terms of Use. We reserve the right to transfer and assign these Terms of Use, and you agree that we may assign any rights or novate any obligations hereunder, without your further consent.
    8. No provision in these Terms of Use creates a partnership between you and MTACC or makes either of MTACC or you the agent of the other for any purpose. You have no authority to bind, to contract in the name of, or to create liability for MTACC in any way for any purpose.

Prohibited Activities List

1.1 Counterfeit Currency, counterfeit coins and counterfeit brand. Fake or counterfeit goods.

1.2 Violation of copyrights, patents, trademarks, trade secrets or other rights of intellectual property.

1.3 Initiation and processing of potentially fraudulent or suspicious transactions.

1.4 Advertising, including the provision of advertising space, of any illegal activities referred to in this Annex.

1.5 Experiments on Animals.

1.6 Prostitution and escort service, including any sex clubs.

1.7 Any business, providing the excessively false information in relation to its goods or services.

1.8 Wholesale sales of any products, including cellular phones and computer equipment.

1.9 Narcotics and related products, the description of narcotics or drugs.

1.10 Electronic equipment that is prohibited in the country of the consumer (such as decoders for cable TV, radars and traffic lights control devices, electronic surveillance equipment, listening devices and telephone bugs, etc.).

1.11 Firearms and ammunition.

1.12 Public decals, government documents, uniforms, government IDs and licenses, as well as products related to the police.

1.13 Hazardous products to human life and health, as well as goods with restrictions on use (for instance, explosives, radioactive materials, toxic substances, etc.).

1.14 Human organs and remains.

1.15 Products that promote illegal activity or inciting others to engage in illegal activities.

1.16 Devices for breaking and opening locks.

1.17 SPAM, lists for sending spam, as well as any information containing personal data, including e-mail.

1.18 Financial (monetary) multi-level marketing, pyramid, matrix, and other quick income schemes.

1.19 Offensive material (for instance, products that offend morality, materials, offensive ethnic or racial, Nazi memorabilia items, goods preach violence, ethnic hatred, hatred, racism, insulting and abusive remarks and insults).

1.20 Medications of any kind, their derivatives, as well as raw materials for their production, prescription, except for dietary supplements based on non-narcotic herbs.

1.21 Stolen property and property with removed serial numbers.

1.22 Poisonous herbs and illegal seeds.

1.23 The production, storage, distribution, advertising, including providing an advertising platform for video, photo and online materials containing child pornography, bestiality, necrophilia, rape, including the simulation of these actions.

1.24 Gambling (any casino varieties, including poker, roulette, bingo, baccarat, and others, bookmaking (betting) - all types of bets on all sorts of events, with the exception of the Forex, trading stocks and futures on exchanges that are traded legally and have the necessary permits and licenses for the exchange operation), lottery tickets.

1.25 Websites or individuals engaged in the exchange of any electronic and / or e-currencies, under the condition of regular activities aimed at making a profit (the commission for exchange), with exception stated in the paragraph below.

We may exercise its exclusive right, immediately and without prior notification, to block the Client Profiles violating the above articles, and freeze the funds held at accounts for the possible protection of the company, its parent or subsidiary companies, affiliates, other Users of the system and other third parties from the lawsuits and reputational risks, and for the purposes prescribed by legislation or requests by government authorities