1. WHO ARE WE?
1.1. Our company. We are UAB “NIUM EU“,, registered in Lithuania with company number 304548794 (NIUM / we / us / our). Our registered office is at Konstitucijos pr. 21B, Vilnius, Lithuania.
1.2. Bank of Lithuania authorisation. We are authorised by the Bank of Lithuania (BOL) as an Electronic Money Institution, with permission to issue electronic money (e-money) and provide payment services. Our authorisation code is LB000420.
2. WHY HAVE YOU RECEIVED THESE TERMS AND WHAT IS OUR ROLE?
2.1. You applied for a virtual account. You have received these terms and conditions (Terms) because you signed up to an app (App) which offers virtual account as part of its service, and you have made an application to receive such virtual account. The App is not operated by us, but by our agent (App Provider). We are the issuer of the virtual account (Virtual Account) and the App Provider has been appointed by us to offer our Virtual Account to you, as well as to provide support to the users of the Virtual Account.
2.2. You must agree to these Terms in order to use the Virtual Account. Our role is to provide e-money and payment services in respect of the Virtual Account. Your agreement to these Terms is a condition necessary to apply for and use the Virtual Account. If you do not agree to these Terms, you will not be issued the Virtual Account and, if you have already received a physical Virtual Account, your Virtual Account will not be activated, and you will not be able to use it. You will be asked to agree to these Terms by the App Provider, usually when you apply for the Virtual Account in the App. If you do not agree to these Terms, you should not apply for the Virtual Account and you should not use it.
2.3. The Virtual Account is co-branded. The Virtual Account is co-branded by Mastercard, and the App Provider.
3. WHY IS IT IMPORTANT FOR YOU TO READ THESE TERMS?
3.1. Please read these Terms carefully. These Terms set out the terms and conditions on which we provide the Virtual Account to you, what your obligations are in respect of the Virtual Account, how you should use it and other important information. They also inform you what to do if there is a problem, what our responsibilities are and how this agreement between you and us may be terminated. We recommend that you save a copy of these Terms.
3.2. Legally binding agreement. When we accept your application for the Virtual Account, a legally binding agreement will be created between you and us, on the terms and conditions set out in these Terms. You will be notified when your application has been accepted.
3.3. Updates to these Terms. If we need to make any changes to these Terms, we will ask the App Provider to notify you of the new Terms, or will contact you directly, at least 60 days before we implement the changes. In exceptional circumstances, where it is impossible for us to give you at least 60 days’ notice in advance (for example if there are urgent legislative changes), the notice period may be shorter, but we will do our best to give you as much notice as possible (Change Notice). If we need to introduce changes that are less favourable to you than the Terms to which you agreed when you applied for the Virtual Account, and you do not agree to such new Terms, you can notify us (usually via the App but you can also contact the App Provider or us directly) that you reject the proposed new Terms. Your rejection will mean that you wish to terminate this agreement and cancel the Virtual Account. You will not be charged anything for terminating this agreement in these circumstances. You must notify us before the expiry of the Change Notice, i.e. before the date when we propose to implement the new Terms. If we do not hear from you before such date, we will assume that you have accepted the changes, and you will be deemed to have accepted the new Terms.
3.4. These Terms apply to consumers only. These Terms apply to you where you are a consumer. This means that you can use the Virtual Account for personal use only. You must not use the Virtual Account in connection with any business or commercial activity.
4.1. You must satisfy our eligibility criteria. You must meet all eligibility criteria stipulated by us and communicated to you via the App or by the App Provider.
4.2. We will carry out checks. We are required by law to carry out certain checks on all our customers before we agree to provide our Virtual Account and services. We may ask you to provide us with certain information and documentation to enable us to carry out our checks, for example to verify your identity and financial standing, and we may need to ask third party service providers (for example credit reference agencies) to verify certain information about you. All information provided by you must be accurate and truthful to the best of your knowledge. Our due diligence checks are normally carried out before a Virtual Account application is approved, but we reserve the right to carry out appropriate checks at any time, including before we process any transaction. Failure to comply with our requests for information or documentation may result in the refusal of your Virtual Account application and/or suspension of your Virtual Account.
4.3. Keeping us updated. It is very important to keep us updated about any changes to the information provided as part of your Virtual Account application and any information and documentation submitted to us. It includes information about any sanctions applicable to you or any other circumstances which would make your use of the Virtual Account illegal. You must inform us promptly about any changes to your circumstances affecting your eligibility for the Virtual Account and/or your ability to comply with these Terms.
4.4. We will have the right to refuse any Virtual Account application. We have the right to refuse any Virtual Account application at any time and without providing any reason for our refusal.
5. THE APP AND OTHER THIRD-PARTY SERVICES
5.1. We are not operating the App and are not responsible for the App. The App through which you applied for the Virtual Account, and which enables you to manage the Virtual Account and seek support in respect of the Virtual Account, is not operated by us, but by the App Provider. Your use of the App is subject to the App Provider’s terms and conditions which are separate and independent of these Terms. We are not responsible for the proper functioning of the App, and we cannot make any promises that it will always be available, that it will operate in accordance with your expectations, or that it will be safe and secure. Although we expect all our partners and agents to provide a high standard of services to all our cardholders, including reliable and secure mobile and web applications used for the management of our Virtual Accounts, we do not endorse the App and will not be responsible for any faults and failures of the App.
5.2. Third party services offered by the App. We are also not involved with any other products or services offered by the App, for example if the App offers any loyalty schemes, savings or lending products. Any services or products, including any links to third party apps or websites, are arranged solely by the App Provider without our involvement, endorsement or recommendation. As a result, we will not be responsible for any matters related to such third party services, and we do not endorse or recommend them.
5.3. The App and the App Provider are your primary points of contact. If you have any question or issues related to the Virtual Account and its use, you should direct your queries to the App Provider in the first place, by such means as the App Provider makes available to support the Virtual Account (for example email, in-App chat or telephone). By applying for the Virtual Account and using the App, you authorise the App Provider to collect and pass on to us all information, communications and instructions submitted by you, for example the information provided on the Virtual Account application form, and any payments or other transaction instructions. This includes information, communications and instructions submitted by any means accepted by the App Provider, for example in-App chat, telephone or email. We will rely on and will be entitled to act on any such information, communications and instructions received by us from the App Provider, as if the information, communications and instructions were given to us directly by you. Please note that we are not required to check their accuracy.
5.4. You are responsible for checking the completeness and accuracy of all information, communications and instructions. You must ensure that all information, communications and instructions submitted to the App Provider, via the App or by any other means is complete and accurate. Failure to provide complete information may cause delays, for example, we may be unable to process your instructions. If you notice any error in any information, communication or instruction provided to us, you should correct it as soon as possible via the App or by contacting the App Provider. We will not be responsible, and will not compensate you, if you suffer any losses as a result of incomplete or inaccurate information provided to us (whether directly by you or via the App Provider), or as a result of any delays caused by any errors, inaccuracies or late submission of any instructions or requests.
5.5. We may screen instructions received from you, but we are not obliged to do so. We will have the right to screen any instructions received in respect of your Virtual Account, as this may be necessary for us to comply with applicable laws and regulations. We may refuse to act on any instructions or request received from you, if we consider this necessary to comply with our legal and regulatory obligations, for security reasons, if you are in serious breach of these Terms or to protect us from suffering a loss. If we are allowed to do so, we will inform you of the reasons why we are unable to act on your instructions or requests.
5.6. Monitor your use of the Virtual Account and keep your own records. The App Provider will provide you with records of all your Virtual Account transactions, whether via the App or by other means. You should monitor all your transactions and we recommend that you keep your own records. This will allow you to verify whether the transaction reports are accurate and enable you to inform us if you notice any errors. You should also enable the App to send you notifications of all transactions involving your Virtual Account. Please note that although the Virtual Account transactions records are provided by us to the App Provider, we cannot be responsible for the accuracy of the records displayed by the App, unless any errors are as a result of our failure. You should report all inaccurate records or notifications of Virtual Account transactions as soon as you become aware of them.
6. USING THE VIRTUAL ACCOUNT
6.1. About the Virtual Account. The Virtual Account allows you to:
(a) receive and maintain the Available Balance (as defined below) in a Supported Currency (“Pay In”);
(b) convert a Supported Currency into a currency of choice made available by NIUM from time to time; and
(c) facilitate the transfer of funds to Yourself or to third party approved by NIUM (“Pay Out”).
6.2. Activating your Virtual Account. As part of the activation process, the user will be asked to create a PIN and/or other security credentials (for example passwords and security questions), which will be used to authorise your transactions. See paragraph 6.4 below for more details regarding the security credentials requirements
6.3. Your Virtual Account is not a bank account. You acknowledge and agree that a payment account and is not a bank (deposit) account. Funds held in a Virtual Account do not earn any interest and the Virtual Account does not offer the features and benefits of a traditional bank account.
6.4. You must keep your Virtual Account and your security credentials safe. You must ensure that: (a) your Virtual Account is kept safe from loss or theft; (b) the PIN and any other security credentials used to authenticate Virtual Account transactions are known only to the authorised user and are shared with anyone (even with other personnel of the Organisation); and (c) the App can only be accessed by your authorised users and all devices used by them to access the App are appropriately protected from access by any unauthorised persons. We do not recommend writing down or storing the PIN and any other Virtual Account security credentials, or any login details to your App. However, if you have to store such details somewhere, you should not store them near to your Virtual Account and you should use secure and safe storage solutions. Revealing the PIN or other security credentials to anyone, or behaving carelessly with regards to the security of the Virtual Account may result in unauthorised transactions being processed using your Virtual Account. In these circumstances we will not refund any amounts lost by you as a result of such unauthorised transactions and you will be solely responsible for them.
6.5. When you must suspend your Virtual Account and notify us. You must suspend your Virtual Account within the App and notify us immediately if: (a) you believe the security of the Virtual Account has been compromised (for example, if someone has gained access to the PIN, other security credentials and/or the App); (b) your Virtual Account is not working properly; and/or (c) you have identified an unauthorised transaction made using your Virtual Account. You may be asked to provide details of the issues reported by you, and any supporting documentation, such as a copy of a police report to confirm the theft of your Virtual Account. If you have not suspended your Virtual Account, we will suspend it after receipt of your notification.
6.6. Your authorised user is the only person that is permitted to use the Virtual Account. The Virtual Account is issued to the Organisation for use in connection with its economic activities only. The Virtual Account can be used only by the person authorised by you and cannot be used by anyone else, or by any other business or other organisation.
6.7. Funding your Virtual Account. You will only be able to perform a Pay Out using your Virtual Account if you have a sufficient balance of funds available in cleared funds (Available Balance). “Cleared funds” means that the funds have been unconditionally received by us and cannot be recalled by you or the payment services provider used to fund the Virtual Account. All funds must be paid into a bank account nominated by us, details of which will be provided to you via the App (or otherwise notified to you by the App Provider). The Virtual Account must be pre-funded in a currency supported by us, which will be notified to you via the App (or by any other means). The funds paid to us to fund your Virtual Account will be kept by us in accordance with the EU Payment Services Directive 2015/2366 (“PSD2) and Law of the Republic of Lithuania on Payment Institutions which ensure that any funds held by electronic money institutions, such as NIUM, are held safely. Please note that the Lithuanian Deposit Guarantee Scheme does not apply to your funds. If there is a shortfall in your Available Balance, we may be liable to you for such shortfall (i.e. we will be required to reimburse it) only if the shortfall is as a result of our error or failure.
6.8. You accept the risk of exchange rate fluctuations. If You maintain the Available Balance in one or more foreign currencies, you acknowledge and agree to accept the risk and losses associated with maintaining the Available Balance in one or more foreign currencies (including any risk with respect to foreign exchange rates fluctuation which may have an impact on the value of the Available Balance).
6.9 Restrictions on use of Pay Out. You are not allowed to use the Virtual Account to perform a Pay Out in connection with the following transactions: (a) the prohibited list as set out on www.nium.com; and (b) any activities or transactions prohibited by any laws that apply to you (for example prohibited by any anti-money laundering or anti-terrorist laws, or sanctions imposed by the UK government, the European Union or the United Nations).
6.10 Restrictions on use of Pay In. We may restrict your ability to use Pay In unless:
(a) the Depositor is located in an Approved Jurisdiction. “Approved Jurisdictions” means means those countries as notified by the Agent to You from time to time being where NIUM has the ability to facilitate the provision of services pursuant to the Programs and “Approved Jurisdiction” shall be construed accordingly;
(b) with respect to each Depositor, deposit of funds into any Virtual Account (i) is not made via over the counter checks or cash deposit and (ii) originates from the bank account of the Depositor. “Depositor” means You or any individual, company or organisation located in an Approved Jurisdiction that deposits funds into any Virtual Account;
(c) (where the Depositor is located in India) you are a merchant offering (i) digital content or services or (ii) online travel services, as applicable;
(d) (with respect to a Deposit where the location is the United States), the following limits have been exceeded:
(i) such Deposit is more than limit of USD250,000;
(ii) the total Deposits submitted to NIUM for processing for such Customer in a month has exceeded the total amount of USD250,000; and
(iii) the Deposits submitted to NIUM for processing in a year for such Customer has exceeded the total amount of USD2.5 million, (collectively, each a “US Limit” and collectively, “US Limits”).
(e) a Deposit is against any Applicable Laws or NIUM’s internal compliance policy or the result of any due diligence checks are unsatisfactory.
6.11. When we may cancel, reverse, demand refund or debit Available Balance.. We may cancel, reverse, demand refund, debit the Available Balance in the Virtual Account, cause any amount of the Available Balance to be unavailable for withdrawal or treat the Virtual Account as overdrawn and make corresponding adjustments to any entry if;
(a) we need to correct any error or omission;
(b) we are required to return the funds to the Depositor;
(c) we have not received cleared and unconditional funds or in time; or
(d) we have reasonable grounds to do so for any other legitimate reasons.
6.12. Execution of Pay Out instruction. When, we will receive an instruction from the APP Provider to perform a Pay Out, we will be entitled to assume that you have consented to all transactions processed by us. We will only process the Pay Out instruction if you have sufficient Available Balance to cover the transaction (plus any applicable fees), and you have not exceeded any of the transaction limits set out in paragraph 6.9. If a transaction does not meet these criteria, we will not process it. We will also be entitled to refuse to process a transaction if: (a) we have reasonable concerns about the security of your Virtual Account; (b) we have reasonable suspicion that your Virtual Account is being used in a fraudulent or unauthorised manner; (c) you owe us fees and your debt to us exceeds your Available Balance; (d) you are in serious breach of these Terms; or (e) we are required to do so under any applicable law, regulation or guidance
6.13. Transactions exceeding Available Balance. As mentioned in paragraph 6.11 above, we will normally reject any transaction that exceeds the Available Balance of funds. However, if any such transaction is processed by us, we will ask you to repay us all amounts exceeding the Available Balance. All such payments must be made by you immediately.
6.14. Currency of transactions. The currencies supported by us will be notified to you (usually via the App). If we receive a Pay Out instruction for processing in a currency which is not supported by us, we will convert such currency into one of the currencies supported by us at the applicable exchange rates. Your Virtual Account will be debited by the amount of funds after currency conversion and any administrative costs incurred by us in connection with the conversion. You can request details of the exchange rates by contacting us.
6.15. You must ensure details of your bank account and the bank account of any beneficiary is correct and complete. You must ensure that the details of your bank account and the bank account of any third party beneficiary are correct and complete and shall notify us in writing in advance of any change to your bank account or the bank account of any third party beneficiary. Until we have been notified of such change and has had a reasonable opportunity to act on it, we shall be entitled to process the Pay Out instruction your existing bank account and the existing bank account of the relevant third party beneficiary. We are not liable for any losses arising from any Pay Out instruction due to incorrect or incomplete details provided by You or Your failure to inform us in advance of any change to your existing bank account or the existing bank account of the relevant third party beneficiary.
6.16. Remittance Taxes may be applicable to a Payout. You acknowledge and agree that the tax authorities of certain countries and/or jurisdictions may deduct certain tax, fee and/or tariff (“Remittance Taxes”) from a Pay Out. If any Pay Out is subject to Remittance Tax, the amount you or the third party beneficiary actually receives may be different from the amount stated in the Pay Out instruction (“Shortfall”). We are not required to make up for such Shortfall under any circumstances.
7.1. What fees apply to your use of the Virtual Account? The Fees that apply to your Virtual Account will be displayed in the App and are attached in Appendix B to these Terms.
7.2. How will we charge all fees and payments due to us? All fees that apply to your Virtual Account, any transaction fees due to us (as set out in these Terms) and any other amounts due to us from you under these Terms (for example under clause 6.12) will be deducted by us from your Available Balance. You agree to any such deductions made by us. If you do not have sufficient Available Balance to cover any sums due to us, we will issue a payment request and you must make the payment immediately. If we have to take additional steps to recover any such amounts due to us, we may charge you for the costs incurred by us in recovering such sums from you, and this may include costs of any third parties who support us in this process, for example debt collection agencies.
8. UNAUTHORISED TRANSACTIONS
8.1. You must notify us of unauthorised transactions. You must notify us as soon as you notice a transaction that has not been authorised by you or has been recorded to your Virtual Account incorrectly. You must notify us no later than 13 months after the transaction date.
8.2. Will we make a refund? If we receive a notification an unauthorised transaction, we will normally refund to you the unauthorised amount by the end of the next business day following the date of your notification. We will also refund any transaction fees or charges deducted by us in connection with such unauthorised transaction, so that where possible, your Available Balance is returned to the same state as it would have been had the unauthorised transaction not taken place. Any refund received by you is your only remedy and we will not be liable to you for any other losses you suffer as a result of an unauthorised transaction.
8.3. When will we not make a refund? We will not make a full refund under clause 8.2, and you will be responsible for the unauthorised transactions, in the following circumstances:
(a) you have acted fraudulently, or we have good reasons to believe you have acted fraudulently. However, if our investigation reveals that you have not acted fraudulently, we will immediately issue a full refund;
(b) you do not notify us about the unauthorised transaction, or you notify after 13 months from the date of the unauthorised transaction;
(c) you fail to notify us, or you notify us late of any security issues with your Virtual Account and/or your App, or about the loss or theft of your Virtual Account – you will be responsible for all transactions that occurred before the date when you notify us and we will not issue a refund for any unauthorised transactions that occurred before we were notified;
(d) you deliberately or with gross negligence (i.e. extremely carelessly) compromised the security of your Virtual Account, or you fail to use your Virtual Account in accordance with these Terms;
(e) your Virtual Account was lost, stolen or misappropriated – you will be liable for all unauthorised transactions up to EUR 50 and we will refund the rest of the unauthorised transactions. However, we will refund the full amount if: (i) it was not possible for you to detect the loss, theft or misappropriation before the payment was made (unless you acted fraudulently); (ii) it was caused by our employee or any entity that carried out the payment processing on our behalf; or (iii) the unauthorised transaction occurred after you notified us that the security of your Virtual Account had been compromised.
8.4. We may investigate unauthorised and incorrectly executed transactions. We will have the right to investigate any transaction reported by you as unauthorised or executed incorrectly. We may ask you to provide us with supporting information and documentation to help us with our investigation and you agree to cooperate with us and provide to us all information and documentation we reasonably require for this purpose. You also agree to cooperate with any authorities involved in our investigation.
8.5. Can we take back the refund? If, as a result of our investigation, we discover that the transaction was authorised by you and executed by us correctly, that you have acted fraudulently or that you intentionally or with gross negligence (i.e. extremely carelessly) failed to keep your Virtual Account safe, we will deduct from your Available Balance all sums previously refunded to you. If you do not have sufficient Available Balance, we will make a request for immediate payment.
9. CANCELLATION RIGHTS
You can cancel your Virtual Account at any time. You can cancel your Virtual Account at any time via the App. If you do so within 14 days from the date when your application for the Virtual Account has been approved by us, you will be entitled to receive a refund of the fee you have paid for your Virtual Account.
10. SUSPENSION OF YOUR CARD AND TERMINATION OF THIS AGREEMENT
10.1. We can suspend your Virtual Account. We can suspend your Virtual Account in exceptional circumstances, including (but not limited to):
(a) if we have good reason to suspect that you are behaving fraudulently, you are involved in any unlawful or illegal activity (for example money laundering or terrorist financing), or you are using the Virtual Account for any other unlawful purpose;
(b) if you commit a serious breach of these Terms (serious breach includes persistent breaches of the requirements of these Terms) and you have not corrected your breach when we asked you to do so and within the timeframe we reasonably requested;
(c) your access to the App is suspended by the App Provider;
(d) if we have asked you to pay us money you owe us under these Terms and you have failed to do so despite our efforts to remind you about it (normally via email or post, including any communications sent by the App Provider on our behalf);
(e) you have been declared bankrupt;
(f) if any information provided by you (or someone on your behalf) is false, or if you fail to provide us with information that we reasonably request from you;
(g) if we have good reason to believe this is necessary for security reasons (for example any security issues affecting any card processing facilities or the App Provider); or
(h) if we believe it is necessary to comply with any law, regulation, guidance, court order or instructions of any regulator or government authority.
10.2. We can also suspend your Virtual Account if you reach any transaction limits or if we suspect unauthorised or fraudulent use of your Virtual Account, or if we believe the security of your Virtual Account has been compromised. We can also suspend your Virtual Account if you reach any of the transaction limits applicable to your Virtual Account, as set out in paragraph 6.9, or if we have good reason to suspect unauthorised or fraudulent use of your Virtual Account, or that the security of your Virtual Account has been compromised.
10.3. We will notify you about the reason(s) of suspension. If we have to suspend your Virtual Account for any reason(s), we will notify you of the reason(s), as long as we are allowed to do so in compliance with applicable laws. We will only re-activate your Virtual Account if we are satisfied that the reason(s) for suspension is/are no longer applicable.
10.4. We can terminate this agreement in exceptional circumstances. We will be entitled to terminate this agreement and your Virtual Account in the exceptional circumstances listed in paragraph 11.1 above. We can also terminate this agreement and your Virtual Account if your agreement with the App Provider for the use of the App is terminated for any reason. This is because the use of the App is necessary to manage your Virtual Account and communicate with us. We will notify you about the reasons why we decided to terminate this agreement and your Virtual Account.
10.5. When can we terminate this agreement without a reason? We can terminate this agreement and cancel your Virtual Account without giving you any reason if we provide you with at least 60 days’ advance notice.
10.6. Inactive Virtual Account. If your Virtual Account remains inactive for a period of 12 months, meaning that no transactions have taken place within such period of time or you have never funded your Virtual Account, your Virtual Account may be designated by us as inactive and certain features of the Virtual Account may be disabled. We can terminate an inactive card and this agreement by providing you with at least 60 days’ notice.
10.7. We will return your funds upon termination of this agreement. When this agreement is terminated for any reason and your Virtual Account is cancelled, we will return the funds associated with your Virtual Account to a bank account nominated by you in your Virtual Account application. These funds will be returned to you within 60 days, but we will be entitled to deduct any sums due to us under these Terms. If you do not provide us with valid bank account details to make the transfer and request the return of your funds within 6 years from the date of termination of this agreement, we will not be required to return your funds. Please note that any funds transfers may be subject to due diligence checks and may be prevented in exceptional circumstances by applicable laws.
11.1. When we will not be liable to you. We will not be liable to you for any loss or damage which:
(a) was not foreseeable at the time this agreement became binding on us. By ‘foreseeable’ we mean that, it is something we and you could predict would happen or that is a normal consequence of our non-compliance with these Terms or our failure to use reasonable skill and care;
(b) was not caused by our breach of these Terms or our failure to use reasonable skill and care;
(c) is related to any business or commercial activity you carry on, and includes any business losses, loss of profit and loss of business opportunity;
(d) was caused by events outside of our (or our agents’ or subcontractors’) control which we could not have avoided (for example war or industrial action);
(e) was caused by your breach of these Terms or any laws or regulations;
(f) was caused by any third parties (unless we are responsible for the actions of such third parties); or
(g) was caused by any goods or services purchased using the Virtual Account, if any merchant refuses to accept the Virtual Account or if any ATM or other cash withdrawal services provider refuses to accept the Virtual Account.
11.2. Our liability for deductions made by us in error. If we make any deductions from your Available Balance in error, our liability to you will be limited to an obligation to refund to you the incorrectly deducted amount.
11.3. Your liability to us. You will compensate us for any loss or damage we suffer (including any expenses and costs incurred by us, such as legal fees) as a result of your breach of these Terms, if we have to enforce any provisions of these Terms against you (for example if you fail to pay us any sums due to us), or if you are fraudulent in your use of the Virtual Account. You will remain liable even after this agreement is terminated.
11.4. Liability which we do not exclude or limit. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
12. COMPLAINTS AND DISPUTES
12.1. How to submit complaints. If you are unhappy with anything related to your Virtual Account, you should submit your complaints to the App Provider in the first instance. If the complaint is not resolved to your satisfaction, you can contact us and we will do our best to respond to your complaint within 15 business days, or we will inform you if we need more time or more information from you to help us investigate your complaint. In any event, we will respond to your complaint within 35 business days.
12.2. Complaining to the Bank of Lithuania. If you are not happy with how we have handled your complaint, you can bring your complain to the Bank of Lithuania (by post at the Bank of Lithuania Supervision Service at Žalgirio str. 90, LT-09303, Vilnius, Lithuania, or by e-mail firstname.lastname@example.org). The details can be found at https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider.
13.1. Notices and communications. All notices and communications between you and us will be in English. If we need to notify you of anything, we will normally communicate with you via the App or through the App Provider. We may also use your email address or home address to send you any notifications or communications. You should send all notices or communications via App or contact the App Provider in the first instance. If you need to send a notice or communication to us directly, you can do so by email at email@example.com, by post at 05-132 1 Poultry, London, EC2r 8EJ or via our website at https://www.nium.com/contact-us.
13.2. Transfer of rights and obligations under this agreement. You are not allowed to transfer your rights or obligations under these Terms to anyone without our prior written consent. We may transfer our rights and obligations under these Terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
13.3. Invalid provisions. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms will not be affected.
13.4. Taking action when you are in breach of these Terms. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
13.5 Entire agreement. These Terms set out the entire agreement between us.
13.6 Nobody else has any rights under this agreement. This agreement is between you and us and nobody else has any rights to rely on or enforce any of these Terms.
13.7. These Terms replace any previous agreements between us. These Terms supersede (i.e. replace) any previous agreements between us in respect of the Virtual Account, including any written or oral agreements relating to the subject matter of these Terms.
13.8. Laws that apply to this agreement. This agreement and any dispute or claim arising out of this agreement will be governed by, and interpreted in accordance with, the laws of Lithuania and you and us agree any dispute between you and us may be brought in the courts of Lithuania.