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flw_mdlr_eu.md

Barter Terms and Conditions

Introduction

These Terms and Conditions ("Terms") contained herein on this page is a legal agreement between you, as a prospective customer and or customer of Flutterwave's services and Flutterwave, UAB (Flutterwave, "we", "our" or "us") and shall govern your access to and use of Flutterwave's services which include all pages within the Flutterwave website, mobile applications and other products and services (collectively referred to as the "Services").

These Terms apply in full force and effect to your use of the Services and by using any of the Services, you expressly accept all terms and conditions contained herein in full and without limitation or qualification, including our Privacy Policy. You must not use any of the Services, if you have any objection to any of these Terms.

Who we are and our company information:

We are Flutterwave, UAB; a company registered under the laws of Lithuania. Our registered office is at VIlniaus g. 31, LT-01402 Vilnius, Lithuania.

PLEASE READ AND UNDERSTAND THE TERMS OF AGREEMENT CAREFULLY BEFORE AGREEING TO BE BOUND BY ITS TERMS.

Governing Language

The governing language ofthese terms and all communication between Flutterwave and you will be English language.

Who May Use Our Services?

You may use the Services only when you agree to form a binding contract with Flutterwave and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and use the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.

ACCOUNT

Opening a Barter Account

To use Barter, you are required to register and open a Barter Account with us by providing the necessary information needed to process you for the use of this service which you agree to.

We offer Barter Accounts for two (2) types of purposes:

Personal accounts (You may only have one personal account); and

Approved agent accounts.

To create a personal account, you must be at least 18 years old.

Personal accounts let you do things like:

• Do money transfers (P2P) (C2B)

• Pay businesses for goods and services through the app or Barter cards

• Make bill and airtime payments

• Generate and spend from Barter cards

• Send and receive money from Barter users and bank accounts

To register, open and use a Barter Account, you must sign up, create an account and provide necessary information including but not limited to your name, email address, mobile phone number, street address, date of birth etc. (hereinafter Account Information). You represent and warrant that all Account Information provided is true and accurate.

You hereby authorize Flutterwave, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account Information. This may include asking you for further information and/or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources.

In connection with your use of the Service, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law and/or the Service Terms, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us.

You agree that you are responsible for safeguarding your Barter Account, so, use a strong password and a unique code as your transaction PIN and limit it to use to your Barter Account. Do not allow anyone to have or use your password or transaction PIN details. _ In the event that you share such details, we cannot and will not be liable for any loss or damage arising from your failure to comply with the above. _

Notifications

By providing us with your Account Information, you consent to receiving text (SMS), email and push notifications from us.

Link or Unlink a Payment Method

You can link or unlink a debit card to your Barter Account as a payment method. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, you may be required to update it.

Adding Money to and Transferring Money out of Your Barter Account

Adding money

If we have verified the card details or bank details that you provide to us, Barter may offer you the ability to transfer money to your Barter balance from a linked debit card or verified bank account. If we have not verified the information that you have provided to us, you cannot add money. Remember, you may use the payment methods linked to your Barter Account to fund transactions and you don't need a Barter balance to send money or buy something using your Barter Account provided the linked debit card has funds in it.

Transferring money out

Your Barter balance may be transferred out of Barter by:

• Manually transferring it to a bank account subject to the fees applicable to such transfers, or

• Manually transferring it to another Barter user

Other features

Sending Money and Receiving Money

You can send money to or request money from a friend using the Send or Request Money feature of Barter. You can send money to or request money from a friend, even if they don't have a Barter Account at the time you send or request the payment, using their email or phone number details.

Buying Something from Authorized Merchants and Payment review

An "authorized merchant" means a merchant that has been authorized by us to accept Barter as a payment method for purchases of goods and services. Payments sent via Barter to another Barter user do not qualify as payments to an authorized merchant.

Payments to authorized merchants are carried out using the unique Merchant ID or QR code of the authorized merchant.

When we identify a potentially high-risk payment to an authorized merchant, we review the transaction more closely before allowing it to proceed. When this happens, we will place a hold on the transaction and notify the merchant to delay shipping of the item or delivery of the service. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the merchant and direct them to ship the item. If we don't clear the transaction, we will cancel it and return the money to you, unless we are legally required to take other action.

Closing a Barter Account

You may close your Barter Account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your Barter Account even after the Barter Account is closed. Any incomplete transactions or transfers must be completed or cancelled, and you must transfer any Barter Account balance from your Barter Account before closing it.

In certain cases, you may not close your Barter Account, including:

• To evade an investigation.

• If you have a pending transaction or an open dispute or claim.

• If you owe amounts to us.

• If your Barter Account is subject to a hold, limitation or reserve.

We may suspend or terminate your account or cease providing you with all or part of the services at any time, including but not limited to, if we reasonably believe; (i) you do not comply with any of the provisions of this Agreement, (ii) you create risk or possible legal exposure to us, (iii) we are required by law to do so, and (iv) you have engaged in fraudulent or suspicious transactions.

Bank transfer reviews

We review account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you've transacted comply with this agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity. We may limit your account and your access to money in it or that is sent to you until verification is completed.

Reviews may result in:

• delayed, blocked or cancelled transfers;

• money or payments being held by us;

• money or payments being applied to amounts you owe to us or used to offset loss incurred by us;

• account limitation, suspension or termination;

• money or payments being seized to comply with a court order, warrant or other legal process; and/or

• money or payments you previously received being reversed (i.e., sent back to the sender or to the card or bank account that was used to fund the payment).

Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Barter Account .

Publicity

You grant Barter permission to use your name and image in our marketing material without any further consent required, including, but not limited to use on our website, in promotional materials and in press releases. Such publicity does not in any way imply an endorsement for your products and services.

Refunds, Reversals and Chargebacks

Payments may be invalidated and reversed by us if, among other reasons, a user sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated these Terms or any other agreement with us.

As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability.

When recovering the amount of an invalidated payment from you, we may apply any money sent to you on Barter, request that you add money to your account for the amount of the payment and apply that money to amounts owed, and/or we may:

• engage in collection efforts to recover such amounts from you;

• place a limitation or take other action on your Barter Account.

If we invalidate a payment because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your Barter account was not authorized, then you must notify us immediately.

RESTRICTED ACTIVITIES

In connection with your use of our websites, your Barter Account or in the course of your interactions with us, other customers, or third parties, you must not:

• Breach the Terms between you and us;

• Violate any law, statute, ordinance, or regulations;

• Infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

• Create or control more than one personal account for yourself without our express authorization, through among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;

• Act in a manner that is defamatory, trade libelous, threatening or harassing;

• Provide false, inaccurate or misleading information;

• Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;

• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

• Attempt to double dip during the course of a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank or card issuer for the same transaction;

• Control an account that is linked to another Barter Account that has engaged in any of these restricted activities;

• Use the Barter services in a manner that results in or may result in:

◦ complaints;

◦ disputes; claims, reversals, chargebacks,

◦ fees, fines, penalties or other liability or losses to Flutterwave, other customers, third parties or you;

• Use your Barter Account in a manner that we, Visa, Mastercard or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;

• Have any amounts owed to us;

• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the services) operated by us or on our behalf;

• Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data or information;

• Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission;

• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Barter services) operated by us or on our behalf;

• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;

• Circumvent any of our policies or determinations about your Barrer Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Barter Account(s) when you have amounts owed to us or when your Barter Account has been restricted, suspended or otherwise limited; opening new or additional Barter Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's Barter Account; or

• Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you've engaged in any of these activities, we may take a number of actions to protect ourselves, our customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

• Terminate your agreement with us, limit your Barter Account, and/or close or suspend your Barter Account immediately and without penalty to us;

• Refuse to provide the Barter services to you in the future;

• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Barter services) operated by us or on our behalf, your Barter Account, including limiting your ability to pay or send money with your Barter Account or any linked debit card to your Barter Account; or

• Take legal action against you.

• Recoup any lost funds from activities carried out

If we close your Barter Account or terminate your use of the Barter services for any reason, we will provide you with notice of our actions and make any unrestricted money held in your Barter Account or that has been sent to you available for bank transfers.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of their Terms, and/or your use of the Barter services. For example, if you send a payment funded by your bank account and your bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment.

Age Restriction

Our website and services are directed to people from the ages of 18 and above. You are only permitted to use the Services if you are aged 18 or older and resident in Lithuania and the European Union. We do not knowingly engage in people younger than the age of 18.

Intellectual Property

Unless otherwise stated, Flutterwave and/or its licensors own the intellectual property rights and materials on the website subject to the license below. All text, formatting (including without limitation the arrangement of materials on the Flutterwave website and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos and other materials and information on the website are subject to the intellectual property rights of Flutterwave and its affiliates and their licensors and licensees (collectively the "Content"). We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. These Content may not be copied, reverse engineered, decompiled, disassembles, modified or reposted to other websites. Nothing on the Flutterwave site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Flutterwave website without the written permission of Flutterwave or such third party that may own the Trademark. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.

License to Use Our Website

We grant you a non-assignable, non-exclusive and revocable license to use the software provided as part of our services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement software for you to use in connection with our services.

You may not:

  1. Modify or copy the materials;
  2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. Remove any copyright or other proprietary notations from the materials; or
  4. Transfer the materials to another person or "mirror" the materials on any other server.
  5. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Flutterwave at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

The services are protected by copyright, trademark, and other laws of both Lithuania and foreign countries. Nothing in this Term gives you a right to use the Flutterwave name or any of Flutterwave's trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of Flutterwave and its licensors.

If you do not comply with all the provisions, then you will be liable for all resulting damages suffered by you, Flutterwave and all third parties. Unless otherwise provided by applicable law, you agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.

Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary and we will be free to use such feedback, comments or suggestion as we see fit without any obligation to you.

Termination

You may terminate this Agreement by closing your Flutterwave Account.

We may suspend or terminate your account or cease providing you with all or part of the services at any time, including but not limited to, if we reasonably believe; (i) you do not comply with any of the provisions of this Agreement, (ii) you create risk or possible legal exposure to us, (iii) we are required by law to do so, (iv) you have engaged in fraudulent or suspicious transactions.

Information Security and Warranty Disclaimer

FLUTTERWAVE WILL ALWAYS ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND BUG FREE. HOWEVER, IT IS USED AT YOUR OWN RISK.

WE PROVIDE ALL MATERIALS "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RAVEPAY MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL REMAIN FREE FROM ANY INTERRUPTION, BUGS, INNACCURACIES, AND ERROR FREE.

YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. Please ensure you use your virus protection software or application as we cannot guarantee that our Services will be free from viruses or bugs.

You must not attempt to gain unauthorized access to our Services, computers or databases. You must not misuse our Services by introducing trojans, viruses or other materials which are malicious or technologically harmful.

Limitation of Liability

YOUR USE OF FLUTTERWAVE SITE AND SERVICES IS AT YOUR OWN RISK. YOU AGREE TO THE LIMITATION LIABILITY CLAUSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: FLUTTERWAVE WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL , BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER FLUTTERWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF FLUTTERWAVE'S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF FLUTTERWAVE'S WEBSITE OR SERVICES) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRITIES BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby indemnify Flutterwave and undertake to keep Flutterwave, its staff and affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold Flutterwave harmless from and against any claim, suit or proceedings brought against Flutterwave arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Services.

Breaches of these Terms

Without prejudice to Flutterwave's other rights under these Terms, if you breach these Terms in any way, Flutterwave may take such action as Flutterwave deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Cookies

We use cookies to identify you as a user and to customize and improve our services. A cookie is a small data file that is transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of times you visit, date and time of visits.

Some browsers may automatically accept cookies while some can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you do choose to disable cookies, it may limit your ability to use our website.

Data Protection

Flutterwave recognizes the importance of protecting the privacy of those who visit and choose to use the Flutterwave Services. Flutterwave remains compliant with the Payment Card Industry Data Security Standard (PCI/DSS) requirement to the extent applicable. Please note that such requirements may be amended from time to time. With respect to all the Personal Information belonging to, and/or processed in connection with Flutterwave or this website, such Personal Information at all times are in compliance with all Data Protections Laws in the territory, in all respect and in particular the GDPR. Flutterwave maintains a Privacy Policy which provides an overview of the Personal Information we collect about you or that you provide to us. By using the Flutterwave Services, you consent to such processing, and you commit to provide accurate information.

Governing Law

These Terms shall be interpreted and governed in accordance with the Laws of Lithuania and you submit to the non-exclusive jurisdiction of the Courts located in Lithuania for the resolution of any dispute.

Suppliers and Vendors

In order to use the payment functionality of Flutterwave's Barter application, you agree to Modulr'sterms and conditions

Changes to the Flutterwave Terms of Use

The materials appearing on Flutterwave's mobile application and/or website could include technical, typographical, or photographic errors. Flutterwave does not warrant that any of the materials on its website is accurate, complete, or current. Flutterwave may make changes to the materials contained on its website at any time without notice. Flutterwave does not, however, make any commitment to update the materials.

Flutterwave reserves the right to change, revise or modify these Terms from time to time by updating this page. The changes will not be retroactive, and the most current version of the Terms which will always be on this page and will continue to govern our relationship with you. We will also try to notify you of any material changes which could be done via email associated with your account or service notification. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms.

Modulr's Privacy Policy is available here

Links

Flutterwave has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Flutterwave of the site. Use of any such linked website is at the user's own risk.

Terms of Use for Cards

Terms and conditions

In this Agreement, "Card" means the Barter Card, issued to you by Flutterwave ("Issuer"), as a MasterCard® or Visa® prepaid card holding the associated balance or funded value. "Card Account" or "Account" means the records we maintain to account for the value of the Card. The words "you", "your" and "yours" in this agreement mean the person(s) who has received the card or is authorized to use the Card as described below. The words "we", "us" and "our" mean Flutterwave, Barter, our successors, affiliates or assignees. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement.

Section II. General Terms

These Terms and Conditions (hereinafter, "Agreement") contain the terms that apply to your Barter Card; the Card may be used only in the manner and for the purposes authorized by this Agreement.

IMPORTANT INFORMATION ABOUT OPENING THE CARD

The Card is a prepaid card that can be used to purchase goods anywhere online where MasterCard or Visa cards are accepted. No interest or dividends will be paid on the balance of the Card. The Cardholder is not permitted to resell MasterCard or Visa Prepaid Cards.

Important Information about your new Card.

To help fight the funding of terrorism and money laundering activities, the Law requires all financial institutions to obtain, verify and record information that identifies each person who opens a Card.

You may not use the Card for any illegal purpose, including the purchase of illegal goods or services. You agree to take steps to ensure that you do not use the Card, for any transaction that is illegal under the laws governing your Card Account. Issuer reserves the right to deny transactions or authorizations from merchants apparently engaging in the Internet gambling business or identifying themselves through the Card transactions record or otherwise as engaged in such business. Additionally, Issuer reserves the right to otherwise block or deny transactions from any merchant as we deem fit, with or without notice.

By signing, activating, accepting or using the Card, you agree to be bound by the terms and conditions contained in this Agreement which govern the use of the Card. Read this Agreement thoroughly before using the Card and keep it for future reference.

Section III. Card Description and Function

The Card is a proprietary MasterCard and Visa card. The Card accesses funds previously loaded on the Card.

The Card is not directly linked to any checking or credit card account. The Card is neither a gift card nor a credit card.

Section IV. Transaction Types, Limitations and Alerts

**A. Using the Card ** You may use the card for:

  1. Pay for purchases of goods or services at online merchants who accept MasterCard and Visa debit cards, and have agreed to accept the Card
  2. Access online services to obtain Card balances and review recent Card history

You may not use the card:

  1. For any illegal activity or goods, or paraphernalia that may be used for illegal activity.
  2. For credit counseling or credit repair agencies, or for credit protection or identity theft protection services
  3. For wire transfer money orders, or on money transfer websites and platforms
  4. For adult entertainment or related products or services in any medium,
  5. To purchase or pay for firearms, firearm parts or hardware, and ammunition; or weapons and other devices designed to cause physical injury
  6. To purchase or pay for age-restricted products
  7. To purchase or pay for occult materials
  8. To purchase or pay for hate or harmful products
  9. To pay for escort services.

Using your Barter card or the Barter app for any illegal or unauthorized use, or on any illegal or unauthorized platform will lead to instant termination of your card; this does not exclude any other actions or remedies we may take against you.

**B. Adding funds and using the Card ** Funds can be loaded via transfer from your bank account and from cards

When the Card is used to obtain goods or services or to obtain cash, the merchant may attempt to obtain preauthorization from the Card for the transaction. A three (3) business day hold may be placed on the Card for the amount of the preauthorization request. Certain types of transactions (like hotels and airlines) may have a 15-business day hold. If the preauthorization request amount varies from the actual transaction post amount, the preauthorization hold amount may remain on the Card until the required number of days expires. As a result, subsequent preauthorization requests against the hold amount may cause the transaction to be declined. A preauthorization amount may differ from the actual transaction post amount if the final amount of the transaction is unknown, such as when dispensing fuel or adding a tip at a restaurant. You may not make or schedule pre-authorized, regular payments with the Card.

**D. Conversion to Euro ** Transactions made in currencies other than Euros will be converted into Euros. The exchange rate used to convert the currency used in an international transaction into the billing currency, shall, in each instance, be either a rate selected by MasterCard or Visa from the rates available in wholesale currency markets for the applicable processing date and may vary from the rate MasterCard or Visa itself receives, or the government-mandated rate in effect for the applicable processing date, plus any fees as outlined in this Agreement. Conversion to Euros may occur on a date other than the date of the transaction, thus the actual conversion rate may differ from the rate in effect at the time of the transaction. You agree to pay the converted amount plus any applicable conversion charges.

**E. Card Expiration ** Subject to applicable law, you may use the Card only through its expiration date, which will be displayed to you the time of card creation and can be viewed from your secure online dashboard at https://barter.flutterwave.com/. If you attempt to use the Card or add funds to your Card Account after the expiration date, the transactions may not be processed. If there is a balance remaining in your Card Account upon expiration, a new Card may be issued to you. You must activate any newly issued Card in order to access the funds in your Card Account. If we choose not to issue a new Card to you or if we cancel your Card Account for any reason, we will attempt to refund to you the balance remaining in your Card less any amounts owed to us (e.g., fees and charges).

**E. Card Termination ** If you do not use your Barter card for a period of six (6) months, the card will be terminated and we will attempt to refund to you the balance remaining in your Card less any amounts owed to us (e.g., fees and charges).

Using your Barter card or the Barter app for any illegal or unauthorized use, or on any illegal or unauthorized platform will lead to instant termination of your card. Notwithstanding, this does not exclude any other actions or remedies we may take against you.

You can also terminate your card voluntarily by deleting the card from your Barter. Once your card is terminated, whether by us or by you, we will attempt to refund to you the balance remaining in your Card less any amounts owed to us (e.g., fees and charges).

Section V. Payment

Each time the Card is used, the amount of the transaction will be debited from the Card balance. You may not exceed the Card balance available on the Card by any individual or series of transactions. If you conduct a transaction which exceeds the Card balance, you remain fully responsible for either the amount of the transactions approved, or the cash withdrawn, and any applicable fees. You agree to immediately add funds to the Card for all transactions exceeding the Card balance, including any fees. If there is still a negative balance after fifteen (15) business days, we reserve the right to permanently close the card.

A. Our Fees

You agree to pay the applicable fees listed below. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from your Barter Balance. You also grant us Recovery Authorizations, which we may utilize to recover any fees you owe us. Subject to the General Terms and these Payment Terms, we reserve the right to change the Fees upon reasonable advance notice.

B. Applicable Fees

Subject to these terms and conditions and to any other liabilities or charges that may arise in the course of your transactions or depending on your location and the nature or currency of your transaction, or from our partners or third party provider, all applicable fees will be displayed on the app at the time of the transaction.

Section VI. Issuer's Liability for Failure to Complete Transactions

Issuer is liable for your actual and direct damages if it causes a Card transaction to be unreasonably delayed or processed for an incorrect amount unless:

  • You have insufficient funds available on the Card to cover a transaction (through no fault of ours); or
  • If a merchant refuses to accept your card; or
  • If a terminal where you are making a transaction does not operate properly; or
  • If access to your Card has been blocked after you reported you Card lost or stolen; or
  • If we have reason to believe that the requested transaction is unauthorized; or
  • Despite reasonable precautions, circumstances beyond our control (such as flood or fire) prevent or delay the transaction; or
  • We have blocked or restricted card usage at certain merchants and/or locations.

Section VII. Unclaimed Funds

The balance remaining on the Card may become unclaimed funds escheatable to the state, if, as shown by our record, you have not, within the applicable statutory period, requested refund of unused funds on the expired or cancelled Card, corresponded with us concerning the Card, or transacted any business on the Card. If that occurs, the funds will escheat to the appropriate wallet on Barter.

Section VIII. Unauthorized Transfers

Tell us at once if you believe the Card has been compromised, or if you believe that an electronic fund transfer or transaction has been made without your permission. Contact us at [email protected]

Section IX. Error Resolution Procedures

In case of errors, questions or discrepancies about Card transaction(s) email us at [email protected] as soon as possible. You must contact us within 60 days from the date the transaction appears on a monthly statement, and you must provide us with the following information:

  1. Your name and card number.
  2. A description of the error or the transaction you are unsure about and why you believe it is an error or why you need more information.
  3. The Euro amount of the suspected error.

We will determine whether an error occurred within ten (10) business days after we hear from you and will promptly correct any error. If we need more time to investigate, however, we may take up to 45 days (90 days for point-of-sale transactions or foreign-initiated transfers). If we decide to do this, we will credit the funds within ten (10) business days for the amount you think is in error and you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within ten (10) business days, we may not credit you. We will tell you the results within three (3) business days after completing our investigation. You may ask for copies of the documents that we used in our investigation.

Section X. Visa Zero Liability Policy

You will not be held liable for unauthorized purchases made with your Card. You must notify us immediately of any unauthorized use.

Section XI. NACHA Disclosure

Your Barter MasterCard® or Visa® Card is issued by Flutterwave. It is not issued by the financial institution (your "Bank") that maintains the deposit account that you used to fund your Barter MasterCard® or Visa® card. The terms, benefits, and protections associated with your Barter MasterCard® or Visa® card may vary from those that apply to a debit card issued by your Bank. The liability limits applicable to your Barter MasterCard® or Visa® card may be different from those applicable to a debit card issued by your Bank.

Section XII. Disclosure of Information to Third Parties

Information about the Card or Card transactions may be disclosed to and by third parties on our behalf only:

  1. Where necessary to complete the transaction (e.g., to verify the existence or condition of your Card to a merchant); or
  2. To comply with government agency or court orders or as otherwise required by law or in connection with examinations by banking authorities; or
  3. For analytical purposes; or
  4. With your permission.

Section XIII. Legal Actions Affecting Your Card or Card Account

If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to the Card or Card Account, we will comply with that legal action. Or, in our discretion, we may freeze the assets on the Card or Card Account and not allow any payments out of the Card or Card Account until a final court determination regarding the legal action is received. In such cases, we will not have any liability to you if there are insufficient funds on the Card or in any way restrict access to your funds in accordance with the legal action.

General

We may revise these Terms from time to time without notice. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will also try to notify you of any material changes via the email associated with your account. By continuing to use our services after the changes become effective, you agree to be bound by the revised Terms.

These Terms supersedes and extinguishes all previous agreements between you and Flutterwave whether written or oral, relating to its subject matter.

In the event that any of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full effect. Flutterwave's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Complaints

If you have any complaints about us and our Services, you may contact us at [email protected]

Contact Us

Flutterwave, UAB

Email Address: [email protected]

Address: Vilniaus g. 31, LT-01402 Vilnius, Lithuania

Hours of Operation: 8am – 6pm (Mon – Fri)

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