Terms and Conditions for Card Funding and Card Payment Link Services

Last Updated: 9th October 2024

These Terms and Conditions ("Terms") relate to access and use of the payment link services and card payment services ("Services") outside or in the nsave app provided by Masref Ltd. (trading as "nsave") utilizing payment processing services from Checkout.com. By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms, our General Terms & Conditions, our Privacy Policy, and Checkout.com's Terms and Conditions. If you do not agree with these Terms, please refrain from using the Services.

1. Acceptance of Terms

By clicking "Accept" or by using the payment link provided by nsave, you:

• Acknowledge that you have read, understood, and agree to be bound by these Terms, our General Terms & Conditions, our Privacy Policy, and Checkout.com's Terms and Conditions
• Confirm that you meet the eligibility requirements specified in Section 3.

2. Description of Services

nsave offers a platform where registered users ("Account Holders") can fund their account via the card, and create and send payment request links ("Payment Links") to individuals or entities ("Payers"), regardless of whether they hold an nsave account. These Payment Links enable Payers to make payments via card transactions processed by Checkout.com. nsave facilitates the creation and management of Payment Links but does not process payments directly.

Please note: The recipient of the funds (the Account Holder) must have an active nsave account to receive payments through the Services.

3. Eligibility Criteria

To use our Services, you must:

• Age Requirement: Be at least 18 years old or the age of majority in your jurisdiction.
• Legal Capacity: Have the legal authority to enter into a binding agreement.
• Compliance: Not be prohibited from using the Services under applicable laws or Checkout.com's policies.
• Account: Have an active nsave account and have met all the onboarding requirements.

4. User Accounts

4.1 Account Holders

• Registration: Must have provided accurate and complete information during the account creation process.
• Security: Responsible for maintaining the security of their account credentials. If you suspect that someone else knows your user ID or password, you must promptly change your password and can notify us at support@nsave.com.
• Activities: Liable for all activities conducted through their accounts, including the creation and distribution of Payment Links.

4.2 Payers

• No Registration Required: Payers are not required to register with nsave to make a payment via a Payment Link.
• Information Accuracy: Must provide accurate payment and contact information when making a payment.
• Card Holder: Must be the holder of the card or payment method used.

5. Payment Processing

5.1 Role of Checkout.com

• Third-Party Processor: All card payments are processed by Checkout.com. nsave does not collect or store full payment card details.
• Agreement with Checkout.com: By making a payment, you agree to also comply with Checkout.com's Terms and Conditions.
• Data Sharing: Necessary payment information will be shared with Checkout.com solely for the purpose of processing payments.

5.2 Authorization

• Consent: Payers authorize Checkout.com to charge their designated payment method for the amount specified in the Payment Link.
• Currency: Transactions are conducted in the currency specified in the Payment Link, which may vary depending on the Account Holder's settings and entail a foreign currency exchange.

5.3 Payment Processing

Processing Time: Funds may take several business days to settle, depending on banking systems and weekends or holidays.

6. Fees and Charges

6.1 Service Fees

For Account Holders: nsave may charge fees to Account Holders for the use of the Services, including transaction fees, detailed in the account agreement. At the moment of a payment link creation or of a card payment by the account holder, the fees will be surfaced.

For Payers: Fees are surfaced at the moment the payment link. Payers will not be subject to any additional fees. These fees can include but are not limited to, your card provider fees, foreign transaction and foreign currency fees, acquiring fees, gateway fees etc.

6.2 Fees by Checkout.com

• Processing Fees: Any fees charged by Checkout.com for processing the payment are included in the fees surfaced.
• Changes to Fees: Any changes to fees imposed by Checkout.com may affect the fees charged by nsave; such changes will be surfaced at the payment link creation or at the moment of a card payment within the app.

6.3 Taxes

• Responsibility: Account Holders and Payers are responsible for any taxes applicable to payments made or received through the Services.
• Compliance: Must comply with all tax laws and regulations applicable to the transactions.

7. User Responsibilities

7.1 Accurate Information

• Account Holders: Must ensure all information provided in the Payment Links is accurate, including the payment amount, description, and any transaction-specific terms.
• Payers: Must provide accurate payment information and ensure sufficient funds are available.

7.2 Prohibited Uses

Users agree not to use the Services for:

• Illegal Activities: Including money laundering, financing terrorism, or purchasing prohibited goods or services.
• Fraudulent Transactions: Any activity intended to defraud nsave, Checkout.com, or other users.
• Unauthorized Access: Attempting to gain unauthorized access to the Services or other accounts.
• Violation of Checkout.com's Policies: Any activity that violates Checkout.com's Acceptable Use Policy or other terms.

7.3 Compliance with Laws and Policies

Users must comply with all applicable local, national, and international laws and regulations, as well as Checkout.com's terms and policies.

8. Account Security

If you choose or are provided with a user ID, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. We have the right to disable any user identification code or password at any time if we reasonably believe that you have failed to comply with any of the provisions of these Terms.

If you know or suspect that someone other than you knows your user credentials or password, you must promptly notify us at support@nsave.com.

9. Intellectual Property

• Ownership: All content, trademarks (including our registered trademark "nsave"), and data on the nsave platform are the property of nsave or its licensors.
• License: nsave grants users a limited, non-exclusive, non-transferable license to use the Services per these Terms.
• Restrictions: Users may not reproduce, distribute, publish, link, or deliver any part of the Website or Services to any other party without prior written consent from nsave.

10. Privacy and Data Protection

• Privacy Policy: Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
• Checkout.com's Privacy Policy: Payment processing is subject to Checkout.com's Privacy Policy.
• Data Sharing: We share your information with Checkout.com solely to provide services.
• Data Security: nsave and Checkout.com employ security measures to protect your data but cannot guarantee absolute security.

11. Notifications

We may send notices to the email address you have provided. It is your responsibility to ensure that you notify us of any changes to your email address. Any notice sent by us to your email address is considered delivered at the time of sending.

12. Exclusion of Liability and Indemnification

12.1 Exclusion of Liability

Unless in the presence of gross negligence or willful intent, in no event shall nsave or any of its members, employees, affiliates, or other representatives be liable for damages arising out of or in connection with the use of the Services or any reliance on any of the content provided. This limitation of liability applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages, loss of data, income or profit loss, costs, loss of or damage to property, and claims of third parties.

12.2 Indemnification

You agree to indemnify, defend, and hold harmless nsave, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of or connected with:

• Your Use: Access to or use of the Services.
• Violation of Terms: Breach of these Terms.
• Third-Party Rights: Violation of any rights of a third party, including intellectual property rights.
• Checkout.com's Terms: Breach of Checkout.com's Terms or policies due to your actions.

13. Dispute Resolution

If you have any disputes or complaints regarding the Services, you may submit a claim by using the details provided in Section 20. We are committed to addressing your concerns promptly and fairly.

14. Termination and Suspension

14.1 Termination by User

Service Discontinuation: Payers may discontinue using the Services at any time. Account Holders can close their nsave accounts by following the procedures on the nsave platform.

14.2 Termination by nsave

• Immediate Effect: nsave may suspend or terminate your access to the Services immediately for any reason, including breach of these Terms or suspicious activity.
• Notification: We will notify you of such suspension or termination via email or platform notification.

14.3 Effects of Termination

Access Revoked: Upon termination, all rights granted under these Terms cease immediately.

15. Amendments to Terms

• Right to Modify: nsave reserves the right to amend these Terms at any time and without prior notice by posting the revised Terms on the platform.
• Notice: Material changes will be notified via email or platform notification.
• Acceptance of Changes: Continued use of the Services after the effective date constitutes acceptance of the changes.

16. Governing Law and Jurisdiction

Use of the Services shall be subject to the laws of England and Wales, which shall exclusively govern the interpretation, application, and effect of all the conditions of use set out above, without regard to its conflict of laws provisions. You agree to submit to the non-exclusive jurisdiction of the English courts to resolve any legal matters arising from these Terms.

17. Miscellaneous Provisions

17.1 Entire Agreement

These Terms, along with our General Terms & Conditions, our Privacy Policy, and Checkout.com's Terms and Conditions, and any other legal notices published by nsave, constitute the entire agreement between you and nsave regarding the Services.

17.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

17.3 Waiver

nsave's failure to enforce any right or provision of these Terms is not a waiver of such right or provision.

17.4 Assignment

You may not assign your rights or obligations under these Terms without prior written consent from nsave. nsave may assign its rights under these Terms without restriction.

18. Electronic Communications

• Consent: You consent to receive communications from us electronically via email or platform notices.
• Legal Requirement: You agree that electronic communications satisfy any legal requirement for written communications.

19. Compliance with Checkout.com's Terms

• Obligation: Users must comply with all applicable terms and policies of Checkout.com when using the payment services.
• Conflict of Terms: In case of conflict between these Terms and Checkout.com's Terms, Checkout.com's terms prevail regarding payment processing.
• Access to Terms: Checkout.com's Terms and Policies can be accessed at:

• Terms and Conditions for Payments
• Privacy Policy
• Acceptable Use Policy

20. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us:

• Email: support@nsave.com
• Address: Masref Ltd. (trading as nsave), 124 City Road, London, United Kingdom EC1V 2NX
• Phone: +44 7418 610405
• Customer Support: Available via WhatsApp at +44 7418 610405 and via the Chat Support Function on the nsave app.

21. General Terms & Conditions

These Terms incorporate nsave's General Terms & Conditions, which apply to all users accessing the services of Masref Ltd. The General Terms cover additional important information, including but not limited to:

• Information Contained on Website: We strive for accuracy but do not warrant the adequacy or completeness of the information on our Website.
• No Advice or Financial Services: The information provided is for informational purposes only and does not constitute investment, legal, accounting, or tax advice.
• Restriction of Access and Distribution: Services are provided in the United Kingdom and may not be available in all jurisdictions.
• No Warranties: The Website and Services are provided "as is" without warranty of any kind.
• Forward-Looking Statements: Any forward-looking statements are subject to risks and uncertainties.
• Exclusion of Liability and Indemnification: We exclude liability to the fullest extent permitted by law and require users to indemnify us against certain claims.
• Copyrights: All content is the property of nsave or its licensors.
• Links and Content to Other Websites: We are not responsible for third-party websites linked from our platform.
• Data Protection: Your access and use of the Website constitute acceptance of our Privacy Policy.
• Notifications: We may send notices to the email address you have provided.
• Applicable Law and Place of Jurisdiction: Use of the Website is subject to the laws of England and Wales.

By proceeding with creating or using a Payment Link, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our General Terms & Conditions, our Privacy Policy, and Checkout.com's Terms and Conditions.