Legal Agreements

These Personal terms apply from 1 September 2022.

My BigWallet account

  1. Why this information is important?

This document sets out the terms and conditions for your BigWallet personal account (your account) and its related services. It also sets out other important things that you need to know. These terms and conditions, along with the Fees page, Privacy Policy and any other terms and conditions that apply to our services, form a legal agreement (the agreement) between:

you, the account holder; and

us, UAB Silvergate LT (a company incorporated in the Republic of Lithuania with company number 305181493 and whose registered office is at Upės g. 21-1, 08128 Vilnius, Lithuania).

This agreement is indefinite. It means that it is valid until you or we end it.
We are authorised to issue e-money by the Bank of Lithuania under the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania (Electronic Money Institution license number 50). The Bank of Lithuania is the central bank and the financial supervisory authority of the Republic of Lithuania whose address is Gedimino ave. 6, 01103 Vilnius, the Republic of Lithuania, registry number 188607684 (further information on the Bank of Lithuania can be obtained on its website at www.lb.lt, the Bank of Lithuania can be contacted at on telephone number +370 800 50 500).

We are also subject to the Law on Payments of the Republic of Lithuania which regulates our activities and liability, provision of payment services, rights and obligations of our customers and applicable fees.

We note that we operate and provide services on business days of the Republic of Lithuania.
It’s important for you to understand how your account works. You can ask for a copy of these terms and conditions through the BigWallet app at any time.

Please also note that some of services mentioned or explained in these terms and conditions might not be immediately available to you and will be provided by BigWallet later (either due to your location, residence country or availability by our service providers). This document regulates them anyway and will be in force from the moment we make these services available to you.

  1. What type of account is my BigWallet Account?

Your account is a payment account that holds your e-money.

E-money is an electronic alternative to cash. If you or someone else gives us money, we’ll issue an equivalent value of e-money in the currency you or the other person chooses. We’ll store the e-money in your account and other people will accept it as payment. When you make payments to external accounts the e-money is redeemed at its nominal value.

In these terms and conditions, we use ‘money’ to refer to e-money.

  1. Using money in your account

Once you have e-money in your account you’ll be able to use our services. For example, you can do the following:

send money to and receive money from other BigWallet accounts and non-BigWallet accounts;

make payments and withdraw cash using your BigWallet Card; and

view information about and manage your account.

We add new features and services all the time. We’ll let you know about these through the BigWallet app.

The main way we provide our services is through the BigWallet mobile app. However, we provide our services in other ways too, like through web pages, other apps, APIs and other means. These terms apply whenever and however you access our services. This means they apply to all the ways you can access a particular service, even if we refer to the service being accessed through a specific means in these terms. For example, when we talk about BigWallet Card payments, we mean payments using a physical card, but also a virtual card or a card added to Apple Pay or Google Pay.

  1. Can I open a BigWallet account?

You must be 18 or over to open a BigWallet account.

When you ask us to open an account, we or someone acting for us will ask for information about you and where the money you will put in your account comes from. We do this for a number of reasons, including to check your identity, and to meet our legal and regulatory requirements. Our Privacy Policy explains more about how we use your information for these and other purposes. When we have the information we need, we will open your account.

You can’t:

open more than one BigWallet personal account; or

use a BigWallet personal account for business purposes.

If you want to use a BigWallet account for business purposes, you will need to apply for a business account under our Business Terms.

  1. How do I get information on payments into and out of my account?

You can check all payments into and out of your account through the BigWallet app. We will not make any changes to your account information and it will be available to you through the BigWallet app while you are a customer. If you need to keep a copy of the information after your account is closed, you can to download it while your account is still active. If you close your account and want to get this information you can email us at [email protected].

We will send a notification to your mobile device each time a payment goes into or out of your account. You can turn off these notifications, through the BigWallet app but if you do, you should regularly check your payments on the BigWallet app. It’s important that you know what payments go into and out of your account, so we recommend that you do not turn off notifications.

COMMUNICATING WITH YOU

We’ll usually communicate with you through the BigWallet app and it’s free of charge. Other BigWallet group entities and affiliated companies may also communicate with you via the BigWallet app if this is agreed with you and that entity.

This is how we will provide account information and tell you about any fraud, or suspected fraud, relating to your account. It is also how we will tell you if there is a security threat to your account. Make sure you regularly check the BigWallet app for this information.
To help keep your account safe, download the latest software for your mobile device and the latest version of the BigWallet app as soon as they are available.

We may also communicate with you by text message or email, so you should regularly check your text messages and email account.

Your consents, approvals, acceptances and other statements given using the BigWallet app shall have the same legal validity as your signature on a written document. Your agreements concluded with us via the BigWallet app shall be deemed to be written agreements concluded between you and us. Any instructions to BigWallet for conducting operations and other actions submitted/executed from you through the BigWallet app will be treated as submitted/executed by you and valid as actions performed by you.

We will usually communicate with you in English.

Keep us in the loop

Please keep your details up to date and let us know immediately if any information you’ve given us changes. If we discover that any of your information is incorrect we will update it.
To meet our legal and regulatory requirements we might sometimes need to ask for more information about you (for example, if your spending or turnover increases). Please provide this information quickly so that there is no disruption to your account or our services.

  1. How do I close my account?

You can close your account, and so end the agreement, at any time by letting us know. You can do this through the BigWallet app, by writing to us at our head office or by emailing us at [email protected].

You will still have to pay any charges you’ve run up (for example, if you’ve asked for an extra BigWallet Card). We may also charge you any cancellation fees that apply to other agreements you’ve entered into with us (for example, if you cancel your World Elite subscription. World Elite terms and conditions can be found here).

If you, or we, close your account, we will give you at least 60 days to withdraw the money we hold for you (unless there are any legal reasons preventing the transfer). This means, any ordinary payment limits, and fees, will also still apply during this period. For example, any limits on the minimum value of payments that apply while your account is open will also apply when your account is closed.

After these 60 days, you will no longer be entitled to any free payments that your plan entitled you to while your account was open. For details please refer to our Fees section.

If your account has been temporarily restricted, we may not be able to close your account until we have completed our enquiries.

Cancelling your BigWallet Card

If you change your mind and don’t want a BigWallet Card any more, that’s not a problem. Just let us know and we’ll cancel it.

How can I withdraw from the agreement?

You can withdraw from this agreement and so end it within the first 14 days of opening a BigWallet account by letting us know through the BigWallet app or by emailing us at [email protected]. You have a right to withdraw without paying any penalties and without having to indicate any reason. In case of withdrawal from the agreement we will return any remaining balance to you.

  1. What happens after my account is closed?

We’ll hold back enough money to cover any payments that you approved before your account was closed. You’ll also still owe us any money that you owed us while your account was open.

How do I get access to my money after my account has closed?

For eight years after your account has closed or your BigWallet Card has expired you’ll be able to contact customer services (at [email protected]) and ask them to send you the money we still hold for you.

  1. How is my money protected?

We don’t lend your money to others. When we become aware of a payment for your account, or you add money to it, we place the equivalent value of e-money in your account. We quickly either:

place the money into our ring-fenced accounts (clients funds account(s)) that we hold with large banks in the EEA (ring-fenced accounts are separate from our own money); or

invest the payment in low-risk assets held in a separate account with financial institutions.

We call this safeguarding.

Safeguarding helps protect you if we were to become insolvent. In such a case an administrator will repay you from our ring-fenced accounts.

Unfortunately, the law doesn’t allow us to pay you interest, and the money in your account isn’t covered by any deposit insurance scheme.

  1. Keeping your security details and BigWallet Card safe

We do everything we can to keep your money safe. We ask you to do the same by keeping your security details and BigWallet Card safe. This means you shouldn’t keep your security details near your BigWallet Card, and you should disguise or protect them if you write them down or store them. Don’t share your security details with anyone other than an open-banking provider or third-party provider who is acting in line with regulatory requirements. We’ve explained more about open-banking providers and third-party providers in section 10 of these terms and conditions.

Sometimes it’s easy to forget to take the steps you must take to keep your money safe. Here are a couple of tips:

make sure you properly close down the BigWallet app when you’re not using it; and

keep your mobile phone and your email account secure and don’t let other people use them.

Contact us through the BigWallet app, as soon as possible, if your BigWallet Card is lost or stolen, or if your BigWallet Card or security details could be used without your permission.
If you can, you should, without undue delay, also freeze your BigWallet Card using the BigWallet app or by calling the automated number below. If you later realise there’s not a risk to your BigWallet Card’s security, you can unfreeze it.

How you can contact us:

By BigWallet app – help function

Write to us to this address:

Upes g. 21-1, 08128 Vilnius, Lithuania.

Freeze your BigWallet Card if you cannot access your BigWallet app by calling:

+370 52 665183 (your telecommunication service provider’s standard rates apply)

Or 8 800 20303 (toll free for Lithuania)

You can also send us a message through the BigWallet app on someone else’s device.

Email us at [email protected].

 

  1. Making payments and accessing accounts using ‘open banking’

You can use ‘open banking’ to access the accounts you have with other providers via the BigWallet app and to allow other providers to have access to your BigWallet account.

Allowing other providers to have access to your BigWallet account

You can allow other providers to have access to your account information or make payments on your behalf. These providers are often referred to as “open banking providers” or “third-party providers”.

These providers will often need to be authorised by a regulator such as the Bank of Lithuania or by the regulator of any other relevant country. If you are thinking of using an open-banking provider or third-party provider, you should ask them for details of their authorisation (if they have any) and check this yourself. (You can do this by checking the Bank of Lithuania’s online register of authorised companies).

When you access your BigWallet account via an open banking provider or third-party provider, our terms and conditions still apply to your use of your BigWallet account.

We might have to block an open-banking provider’s or third-party provider’s access to your account (for example, if we’re concerned about fraud, or if they don’t have the authorisation they need, or if there are legal or regulatory reasons for doing so). If we do this, we’ll try to let you know beforehand or as soon as possible afterwards. We’ll do this through the BigWallet app or by email, unless it would be unlawful to do so or there are valid security reasons why we can’t. We’ll also unblock the third-party provider’s access as soon as the reasons for denying them access no longer exist.

You also have the right to block an open banking provider’s or third-party provider’s access to your BigWallet account. You should immediately contact us if you think a third-party provider is acting without your consent.

When you use an open banking provider or a third-party provider, you authorise them and give consent to them to have access to your BigWallet account information or make payments from your BigWallet account on your behalf. How we share your information for these and other purposes is set out in our Privacy Policy.

 

Using the BigWallet app to access accounts with other providers

You can also access your accounts with other providers, and initiate payments from those accounts, via the BigWallet app. We call these our “Open Banking Services”.

When you use our Open Banking Services to view information about an account you hold with another provider, you must authorise us to access that account. We won’t store any of the sensitive payment data you provide to give that authorisation.

Once you’ve authorised us to access the account for the account information purposes:

We will access your account information on your behalf (meaning information like your account details, transaction history and the features of your account).

We will analyse this information to provide spending insights to you.

You can revoke your consent at any time via the BigWallet app.

How we use your information for these and other purposes is set out in our Privacy Policy.

  1. Are there any restrictions on using the BigWallet app or BigWallet Card?

Please act reasonably and responsibly when using the BigWallet app or BigWallet Card. The BigWallet app or BigWallet Card must not be used (directly or indirectly) as follows:

for illegal purposes (for example, committing fraud);

in a way that might harm our ability to provide our services;

only to send money to and receive money from a debit/credit card account;

for any transactions to receive cash other than making a withdrawal from an ATM (cash machine);

to control or use a BigWallet account that’s not yours;

to give BigWallet Card to any other person;

to allow anyone else to have access to or use your account or the BigWallet app;

to abuse, exploit or get around any usage restrictions set by a service provider your BigWallet Card is registered with.

Please also act in a respectful way towards us and our support staff – we’re here to help you.

Moving money in and out

  1. Adding money to my account

You can add money to your account using a debit card or credit card registered with us (we call this your stored card) or by bank transfer. Your stored card must always be in your name.

When you add money by bank transfer, you must use the account details stated in the BigWallet app. When we receive the money we will add the equivalent value of e-money to your account. Make sure you follow the prompts from the app carefully to avoid any delays.

The account details you must use to add money to your account must be in the currency of the money you are adding. For example, if you want to add money to your account in euro (€), you must use the ‘Euro account’ details stated in the BigWallet app.
If you use a stored card or a bank account that is in one currency to add money to your account in another currency, your bank or card provider may charge a fee.

We will consider that you gave us consent and authorized us to execute the transaction once you submit your payment order on the BigWallet app.

Never worry about the balance of your BigWallet account getting too low

We know that it’s important to be able to make payments from your account whenever you want. You can authorise us to add a specific amount of money to your account from your stored card whenever the value of money in your account drops below a certain amount. We call this adding of money ‘recurring rule’.

You can cancel this recurring rule at any time through the BigWallet app or by contacting your card provider.

Payment limits

Due to the anti-money laundering and counter-terrorist financing requirements or the limits applied by third parties, we might limit how much you can receive into or pay from your account, or how much you can withdraw or spend using your BigWallet Card. These limits can change from time to time. Information about these limits is set out in our Fees section.

Keep your currency consistent

It’s important that any payment to your account is made in the currency of your account. Otherwise, the payment will be converted to the currency of your account. This means that your account might be credited with more or less than you expected. We won’t be responsible for any losses if this happens.

  1. Transferring money between BigWallet accounts

You can send money to, and receive money from, other BigWallet accounts. We call these sorts of payments Instant Transfers. All Instant Transfers are received immediately.
You can make an Instant Transfer to another BigWallet user’s account by choosing them from the contacts list in the BigWallet app, by using their username, or by using any other method we provide to identify them, and following the prompts.

  1. Making other types of payments

It’s easy to send money to your or someone else’s bank account. You can make a one-off payment or set up a recurring payment. Just enter the respective account information (e.g. such as the BIC and IBAN) of the account you’re sending money to in the BigWallet app and follow the prompts. We may need to ask for other information as well.

Using your BigWallet Card

You can also make payments or withdraw cash using your BigWallet Card. You can do this by entering the details of your BigWallet Card (the card number, expiry date and CVC number) or your PIN. We will consider these actions as you giving consent to make payments or withdraw cash from your BigWallet account. You also give your consent to make payments from your BigWallet Card by:

touching your BigWallet Card at the terminal (a ‘contactless’ transaction) and taking other actions on the electronic card reader. No PIN code is required for contactless payments up to a certain amount;

signing for the purchase on the receipt issued by the electronic card reader;

inserting your BigWallet Card into the electronic card reader and doing something further that the electronic card reader requests without entering your PIN code (e. g. when paying the toll, car parking lot charges, etc.);

providing your BigWallet Card number and other details and consenting to the initiation of payment orders for debiting your account when entering into an agreement with a trader or service provider; or

providing your BigWallet Card number and other details to a trade or service provider and authenticating this payment using a 3D Secure method. This is a step you will have to take when buying online using your BigWallet Card if a trade or service provider has implemented this method. If they have, a window will pop up on the trade or service provider’s website asking you to verify the payment and you will receive a push notification to your BigWallet app. You will have to open your app and confirm the transaction to complete the payment.

When you use your BigWallet Card to make a withdrawal from an ATM or make a payment (for example, in a shop or restaurant), we will consider the payment to be authorised by you unless:

you let us know that your card has been stolen; or

you don’t think we’ve carried out your instructions correctly.

We might charge you a fee for making withdrawals. You can read about these fees on our Fees Section.

We are not responsible for losses where payments are returned in a different currency

Sometimes, money you’ve asked us to transfer to someone is not paid into their account and is returned to us. If we or any other involved financial institution had to carry out a currency exchange when we sent the payment, and can show that we did everything right, when we return the money to you we will return it in the converted currency or convert it back to the original currency. This means that the amount you receive back into your account might be less or more depending on the currency conversion rate at the time of return. We would not be responsible for any losses that this causes you.

TAKE CARE ENTERING THE DETAILS OF THE PERSON YOU WANT TO PAY

When you enter the details of the person you want to pay, make sure the details are correct. If they’re not, your payment might be delayed or you might lose your money if it’s sent to the wrong account.

Make sure you know the person you are making a payment to. If someone approaches you and asks you to make a payment to them, but you are not sure who they are or what the payment is for, you may be a victim of a scam, and we may not be able to recover the money for you.

If the person you want to pay does not receive the money, we won’t be responsible if we processed the payment correctly but you gave us the wrong details. If you ask us to, we’ll be happy to try to get your money back, but this might be easier in some countries than in others. If you contact our customer support team through the BigWallet app we can give you information to help you try to recover the money, including any other details (if we have those details and we are authorized to disclose them to you).

The EEA is made up of all the countries in the European Union, plus Norway, Iceland and Liechtenstein. A ‘business day’ means a day that the banks are open in the Republic of Lithuania.

SEPA direct debits

Depending on where you live, you may be able to pay direct debits, in euros, from your account to bank accounts held in the Single European Payments Area (which is all the countries in the EEA plus Switzerland, Monaco and San Marino). These payments are called SEPA direct debits. The bank holding the account the direct debit is to be paid to (the payee’s bank) is responsible for asking us for the payment when it is due.

You can:

limit the amount of a SEPA direct debit or how often it is paid from your account (or both); cancel SEPA direct debits paid from your account; and

choose to only allow SEPA direct debits to be paid to certain people.

You can do this by contacting us through the BigWallet app.

If you have set up a SEPA direct debit, the payee’s bank will ask for it on the business day before it is due and we will pay it to the bank on the due date. If the due date is a non-working day for the payee’s bank (this is normally a weekend or bank holiday), it will reach the bank on the next working day.

Payments for services provided by other BigWallet group companies

The BigWallet app is more than just an e-money account. It’s a platform where you can access a whole range of services.

Not all of these services are provided by us (UAB Silvergate LT). Some are provided by other companies within our group or by our affiliates. Where this is the case, you must agree to separate terms and conditions with those companies, which will govern those services.

Although we do not provide these services, normally they will result in a payment needing to be made to or from your e-money account with us. Where this is the case, we will credit or debit your account with us as requested by other BigWallet group companies on the basis of your terms and conditions with them.


Card-to-Card transfers

You can use BigWallet to send money to a card. This means a payment that is sent via card schemes instead of traditional payment schemes. The recipient of the payment is identified by their card number instead of their bank account number.

Card transfers are sent instantly, and should arrive within 30 minutes. This means there is no opportunity to cancel this type of payment after it is sent, so please make sure that the details you enter are correct. We may not be able to assist you if you input wrong details.

Remember that your card number is a valuable piece of information that can be used to commit fraud against you. The only thing you need to share from your card to make a card transfer is the card number; you do not need the expiry date and you certainly don’t need the security code, so make sure you keep these pieces of information safe.

  1. What happens if a payment was sent to the wrong account, wasn’t sent at all or was delayed?

We’ll always try to process your payments correctly and on time, but sometimes things go wrong and a payment might be delayed or not received by the person you wanted to pay. If something has gone wrong and:

the person paying you;

the bank account you wanted to make the payment into; or

the retailer you were paying;

is in the EEA, let us know through the BigWallet app. You need to let us know as soon as possible, and no later than 13 months after the amount was taken from your account.
If the money is not received into the account you sent it to, we’ll refund the payment back into your account.

If we received a payment on your behalf, but the money was not paid into your account on time, we’ll do our best to credit your account with the amount of the payment (provided that the transaction is not delayed due to our concerns about fraud, or if there are legal or regulatory reasons for doing so).

These rules don’t apply to currency exchanges.

What to do if you think you have made a mistake?

You should always check that you have entered the correct details for the person you want to pay before you make a payment. It’s always a good idea to make a test payment of a small amount to make sure that you have the account details correct. You should always think about the following:

Always make sure you know the person you are making a payment to. If someone approaches you and asks you to make a payment to them, but you are not sure who they are or what the payment is for, you may be a victim of a scam.

The contacts you see in the BigWallet app are taken from the names and phone numbers you have saved to your own phone. These names and numbers are not verified by us or anyone else. This means that if you have saved the wrong number or wrong name to your phone, you will pay the wrong person and may lose your money.

The usernames you see in the BigWallet app can look similar to other usernames and are able to be changed by the individual users themselves. We take steps to remove any inappropriate usernames, but these usernames are not verified by us or anyone else. This means that if you are not sure that the person is who they say they are, you may pay the wrong person and may lose your money.

We are not responsible if we make a payment to the person you tell us to, even if you gave us the wrong account number, username or phone number by mistake. However, if you ask us to, we’ll try to get your money back for you. We may also try to get you information about the beneficiary so that you can try to get it back yourself (if the law allows us to). While we will try to do these things, we don’t guarantee that we will, and in many cases we won’t be able to.

What we’ll do if we, or someone else, has made a mistake?

On the other hand, if a payment is mistakenly paid into your BigWallet account by another person, you will have to pay them back. If the person who mistakenly made the payment makes a legal claim to get it back themselves, we may need to share your information with them.

You agree that if we pre-fund a payment into your account when you initiate a top-up or by using our Open Banking Services as described in Section 10, and the payment fails to arrive, we can reverse the payment or put a hold on it.

For these reasons, you should always check your account regularly to make sure everything is correct.

  1. 16. What exchange rate do we use?

You can find more details of our fee on our Fees page.

We’re not responsible if you’re charged any fees or lose any money because you’re using your BigWallet Card in another country using a currency different from your BigWallet account or BigWallet card currency.

  1. Can I cancel a payment?

You can cancel a payment (including a recurring payment or a SEPA direct debit) at any time up to the end of the business day before the payment is due to be paid from your account.
You can’t cancel a payment on the same day it’s due to be paid from your account. This means that you cannot cancel transfers between BigWallet accounts.

  1. How long does it take to make a payment?

We understand that when you make a payment, one of the most important things is that the person the payment is for receives it on time. When their bank will receive the money depends on what time you tell us to make the payment, and the currency you want us to make it in. The below explains when we’ll make payments. Please note all times in these terms and conditions are based on Lithuanian time, that is, UTC+3.

Instant transfer to a BigWallet account:

You can provide your payment instruction at any time and we’ll receive it immediately.

Payment to someone else’s bank account:

If you provide your payment instruction before 3pm Vilnius time on a business day, we’ll receive it immediately.

If you provide your payment instruction after 3pm Vilnius time on a business day, we’ll receive it the next business day.

If you provide your payment instruction on a day that is not a business day, we’ll receive it the next business day.

Payment to a bank account at a future date (such as a recurring payment):

You can provide your payment instruction at any time and we’ll receive it the same business day (if the payment is due to come out of your account on a business day) or the next business day (if the payment is due to come out of your account on a non-business day).

Payment using a card transfer:

You can provide your payment instruction at any time, and we will receive your payment instruction immediately.

  1. When we will refuse or delay a payment

We must refuse to make a payment, or delay a payment (including inbound and outbound payments), in the following circumstances:

if legal or regulatory requirements prevent us from making the payment or mean that we need to carry out further checks;

if you have violated these terms and conditions in a way that we reasonably believe justifies us refusing or delaying your payment;

if processing your instruction would break these terms and conditions or that your instruction doesn’t contain all the information we need to make the payment properly;

if the amount is over, or would take you over, any limit that applies to your account;

if there is not enough money available in your account to make the payment and cover any charge;

if a bankruptcy order is made against you or you’ve entered into an individual voluntary arrangement with your creditors;

if, even after doing everything reasonably possible, we won’t be able to make the payment on time;

if a third party prevents us from making the payment (for example, if Mastercard does not allow a payment or cash withdrawal using your BigWallet Card);

if we have asked you for important information we reasonably need and you have not given us that information; or

if we have suspended your account.

We may also refuse to issue a new BigWallet Card if you do not have enough money in your account to pay us to issue or deliver the card.

WHEN WE REFUSE TO MAKE A PAYMENT, WE’LL ALWAYS (UNLESS IT WOULD BE UNLAWFUL OR TECHNICALLY IMPOSSIBLE FOR US TO DO SO) TRY TO LET YOU KNOW OF THAT REFUSAL, THE REASONS FOR THAT REFUSAL (IF POSSIBLE), AND THE PROCEDURE FOR RECTIFYING ANY FACTUAL ERRORS THAT LEAD TO THAT REFUSAL. SUCH NOTIFICATION SHALL BE GIVEN TO YOU AS SOON AS PRACTICABLE FOLLOWING THE REFUSAL.

If we can, we’ll use the BigWallet app to tell you that we have refused to make a payment. If you’d like to find out why we refused the payment, and what you can do to solve any problem, please contact us through the app.

We won’t be responsible for any losses you suffer as a result of us refusing or delaying a payment.

  1. Third-party fees for making or receiving payments

We try to keep our payments free. However, sometimes we have to charge a fee to be able to provide a service. You can also see our current fees on our Fees Section.

Other banks involved, such as the bank of the person you are paying or certain correspondent or intermediary banks (banks that help transfer the money between other banks) might sometimes take their fees from the payment you’re sending or receiving. This could mean that you or the person you are paying receives less than expected.

This might happen if:

the bank of the person you are sending a payment to or receiving a payment from is within the EEA, and the payment is in a currency that is not the currency of an EEA member state; or

you make a payment to or receive a payment from someone whose bank is outside the EEA.

If you make a card transfer, you will also be charged a fee. This fee will depend on the amount you are sending and where you are sending it to.

  1. What happens if someone steals from my account?

Let us know as soon as possible through the BigWallet app (and no later than within 13 months from the date the money was taken from your account). We’ll pay the money back into your account if any of the following apply:

you couldn’t have known that your security details or BigWallet Card were at risk of being misused;

the payment happened because someone we’re responsible for made a mistake;

the payment was taken after you told us that someone knew your security details or your BigWallet Card was lost or stolen, or we didn’t give you a way to tell us about this;

the law required us to make you follow certain prompts when you instructed us to make the payment and we didn’t do this; or

you made a payment to pay for certain goods or services you bought online or through some other method that is not face-to-face (there are some types of contracts this might not apply to, such as contracts for rental accommodation, but we can give you more information about this when you let us know about the problem).

We’ll also pay back any charges you had to pay as a result of the payment being taken from your account.

We won’t refund any money if you’ve acted fraudulently, or you intentionally or carelessly failed to keep your security details or BigWallet Card safe (unless you told us about this before the payment was taken from your account). For example, we wouldn’t make a refund if you gave someone your BigWallet Card PIN and they made a payment using your card without you knowing about it.

  1. When we might block your account or BigWallet Card

The safety of your money is important to us. We might prevent you from making payments from your account or with your BigWallet Card if we’re reasonably concerned about its security or that it might be used fraudulently or without your permission.

We might also have to block your account or BigWallet Card to meet our legal obligations arising from the laws of the Republic of Lithuania.

We’ll tell you through the BigWallet app before, or as soon as possible after, we block your BigWallet app or Card. We’ll also let you know why we’ve done it (unless it would reduce your or our security or it would be unlawful). We will unblock your account as soon as the reasons for blocking your account no longer exist.

  1. When could you suspend or close my account?

We may close or suspend your account immediately (including the access to the services provided by the other BigWallet group entities), and end your access to our website, in exceptional circumstances. Exceptional circumstances include the following:

if we have good reason to suspect that you are behaving fraudulently or otherwise criminally;

if you haven’t given us (or someone acting on our behalf) any information we need, or we have good reason to believe that information you have provided is incorrect or not true;

if you’ve violated these terms and conditions in a serious or persistent way and you haven’t put the matter right within a reasonable time of us asking you to;

if we have information that your use of the BigWallet app is harmful to us or our software, systems or hardware;

if we have good reason to believe that you continuing to use your account could damage our reputation or goodwill;

if we have asked you to repay money you owe us and you have not done so within a reasonable period of time;

if you’ve been declared bankrupt; or

if we have to do so under any law, regulation, court order or ombudsman’s instructions.

We may also decide to close or suspend your account for other reasons. We would contact you through the BigWallet app at least sixty (60) days before we do this.
Closing your account and ending the agreement may also end any other agreements you have with us or through us. You can get more information through the BigWallet app or by contacting us.

  1. We can change these terms

We’ll only change these terms and conditions for the following reasons:

if we think it will make them easier to understand or more helpful to you;

to reflect the way our business is run, particularly if the change is needed because of a change in the way any financial system or technology is provided;

to reflect legal or regulatory requirements that apply to us; to reflect changes in the cost of running our business; or

because we are changing or introducing new services or products that affect our existing services or products covered by these terms and conditions.

Telling you about changes

If we add a new product or service that doesn’t change the terms and conditions of your account, we may add the product or service immediately and let you know before you use it. Otherwise, we’ll give you at least 60 (sixty) days’ notice through the BigWallet app and/or email before we make any change. We’ll assume you’re happy with the change unless you tell us that you want to close your account before the change comes into effect.

  1. Your refund rights for BigWallet Card payments and SEPA direct debits

BigWallet Card payments

You can ask us to refund an amount taken from your account if all of the following apply:

you agreed that a payment could be taken, but didn’t agree the actual amount of the payment;

the amount taken is more than you reasonably expected in all the circumstances (including your spending pattern);

the person you paid is in the EEA;

you didn’t authorise the payment directly with us;

we and the person you paid did not give you any information about the payment during the four weeks before it was taken; and

you ask us for a refund within eight weeks of the payment being taken from your account.

We may ask you for more information to investigate the matter. We’ll provide a refund, or tell you why we couldn’t provide one, within 10 business days from the date you give us the information we ask for.

SEPA direct debits

If you have made a SEPA direct debit, the circumstances shown above do not need to apply. You will be entitled to an unconditional refund if you contact us within eight weeks of the date the payment was taken out of your account.

Reversing refunds

If we give you a refund and then find that you weren’t entitled to it, you will have to pay us back.

  1. Are you responsible if something goes wrong with my account, my BigWallet Card or the BigWallet app?

We’ll do as much as reasonably possible to make sure that our services are not interrupted and are accessible at a reasonable speed. However, we can’t promise that this will always be the case or that the services will be free from faults. We also rely on some third parties to provide services to you, which can sometimes disrupt our services. We’ll always do our best to solve any problems with our services, no matter what the cause.

If you have a BigWallet Card, we will let you know about any changes to our system that will affect your ability to use the card.

We will not be responsible for losses resulting from us failing to meet our obligations for payments into and out of your account because:

of a legal or regulatory requirement;

unforeseeable events outside our control, which were unavoidable at the time;

of criminal or any other illegal actions of third parties resulting in damage to you or any other person (unless specified in these terms and conditions directly); or

of the blocking of your account when implementing legal requirements, including those in relation to anti-money laundering and counter-terrorist financing.

If you can’t use your BigWallet Card for any reason we will only be responsible to you for replacing the card.

We will only be responsible for foreseeable losses.

If we breach the agreement, we will be responsible for any loss that we could have foreseen at the time we entered into the agreement, or for the loss that results from our fraud or gross negligence.

We won’t be responsible to you for any of the following, whether direct or indirect, that arises in connection with these terms and conditions:

loss of income or profit;

loss of goodwill or damage to your reputation;

loss of business contracts or opportunities;

loss of anticipated savings; or

consequential loss.

Nothing in these terms and conditions removes or limits our liability for death or personal injury resulting from our negligence or from fraud or fraudulent claims and statements.

  1. How you might owe us money

You cannot borrow money on your account (for example, make payments of more than the value of the money in it).

If your balance becomes negative (for example, because you do not have enough e-money to cover fees you owe us), you must within 7 (seven) days upon our request to top up your account with the required amount to correct the negative balance.

If you owe us money, we can take the amount you owe us from any amount we are due to pay to you. We call this our right of set-off.

Paying fees or other amounts you owe us (other than third-party fees for making or receiving payments)

The fees you may have to pay us are listed on our Fees Section.

If you owe us fees (other than third-party fees for making or receiving a payment) or any other amount, we’ll take the amount you owe us from your account, in the currency of the country you operate your BigWallet account (your base currency).

If you don’t have enough money in your account to pay the fees or other amounts you owe us, we might recover the amount in another way, as explained below.

You may be responsible for paying taxes or costs that apply to payments you make or receive through your account and that we are not responsible for collecting from you. Sometimes, for example if you’re a legal resident of the Republic of Ireland or you withdraw money through an ATM in the Republic of Ireland, we may collect the appropriate amount of stamp duty up to the legal maximum as required by the Irish Revenue Commissioners. So please make sure you check for yourself!

If you owe us money and you don’t top up your account or repay us within seven days, we can recover the amount by:

taking the amount you owe us from your stored card; exercising our right of set-off; or

taking other legal steps to recover the money you owe us, such as instructing lawyers or debt collectors.

If we take any (or all) of these steps, we might charge you our reasonable costs.

  1. When you might be responsible for our losses

You may be responsible to us for certain losses:

If you have violated these terms and conditions, and/or this has caused us to suffer a loss, the following will apply:

you will be responsible for any foreseeable losses we suffer as a result of your action (we will try to keep the losses to a minimum); and

you will also be responsible for any reasonable legal costs that arise as a result of our losses.

  1. How to make a complaint

We always do our best, but we realise that things sometimes go wrong. If you have a complaint, please contact us to . We will accept and consider any complaint sent by you to us. Our final response to your complaint, or a letter explaining why the final response has not been completed, will be provided to you within 15 business days after your complaint has been made, and in exceptional circumstances, within 35 business days (and we will let you know if this is the case).

Out of court dispute resolution authority for complaints related to financial services

If you are unhappy with how we have dealt with your complaint, you can refer it to the Bank of Lithuania within 1 (one) year of the date you sent us your complaint. In this case the Bank of Lithuania would act as an out of court dispute resolution authority dealing with disputes between consumers and financial service providers.

Their address is: Žalgirio g. 90, 09303 Vilnius, Lithuania.

You can find more information on their website.

Please note that should you wish to have a possibility to apply to the Bank of Lithuania as to the out of court dispute resolution authority, then you shall make your complaint to us within 3 (three) months from the day that you found out or should have found out about the alleged violation of your rights or legitimate interests arising from the agreement with us.

Examination of the complaint at the Bank of Lithuania is free of charge.

The out of court dispute resolution authority for consumer disputes not related to Bank of Lithuania competences is the State Consumer Rights Protection Authority.

Their address is: Vilniaus str. 25, 01402, Vilnius, Lithuania.

You can find more information on their website. You can also rely on the mandatory consumer protection rules of the EEA country where you live. You can also file a complaint to the respective out-of-court dispute resolution authorities that handle consumers’ complaints in your country in relation to the financial services provided by us.

Out of court dispute resolution authority for complaints related to the processing of personal data

You have the right to make a complaint to the State Data Protection Inspectorate (SDPI), the Lithuanian supervisory authority for data protection issues.

Their address is: L. Sapiegos str. 17, 10312, Vilnius, Lithuania; e-mail: [email protected] You can find more information on their website.

How to make a complaint

If you’d just like to speak to someone about an issue that’s concerning you, please contact us through the BigWallet app. We can usually settle matters quickly through the app. You’ll probably need to give us the information below.

If you prefer you can make your complaint using this form. Or you can email us at [email protected].

You’ll need to tell us:

your name and surname;

the phone number and email address associated with your account;

what the issue is;

when the problem arose; and

how you’d like us to put the matter right.

We’ll look into your complaint and respond to you by email. We will communicate with you in English, unless we tell you otherwise.

Irrespective of the above, you always have the right to approach the out of court dispute resolution authorities mentioned above in relation to any complaint about our service. You also have the right to apply to any competent court if you think we have breached the law.

Legal bits and pieces

  1. Permission for us to process your personal information

To provide services under the agreement we need to collect information about you. Under data protection law, we are what is known as the ‘data controller’ of your personal information. For more information about how we use your personal information, see our Privacy Policy.

By entering into the agreement you are giving us permission to gather and store your personal information for the purpose of providing our services to you. This doesn’t affect any rights and obligations you or we have under data protection law.

You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.

Confidentiality

By entering into this agreement you give us permission to disclose to other entities within the BigWallet group, the following information:

the fact that you are our client;

the services we provide to you;

the account number;

your account balance(s);

operations performed or being performed on your behalf;

circumstances of providing the financial services to you;

your financial situation and assets;

other commercial information you have provided to us when opening the account; and

your activities, plans, debt obligations or transactions with other persons.

The above information would be disclosed in case it is necessary for the performance of financial accounting, audit, risk assessment, or when we use common information systems or technical equipment (servers), or when it is necessary for the provision of services.
All of the above we call a “client secret”, which we have to protect as required by the applicable regulations.

By entering into the agreement you understand and confirm that in case you haven‘t changed your preferences in the BigWallet app, other BigWallet users having you in their contact list will be aware of the fact that you are our client. You can change your preferences at any time.

  1. Our intellectual property

All the intellectual property in our products (for example, the content in our app and on our website, our logo and card designs) are owned by our parent company, Silvergate Holding Limited (a company incorporated in Cyprus with company number HE396335, whose registered office is at Zinas Kanther 30, 3035 Limassol, Cyprus) and being used by us and other BigWallet Group companies. You must not use this intellectual property as your own, except to enjoy our products.

  1. Other terms

Our contract with you

Only you and we have any rights under the agreement.

The agreement is personal to you and you cannot transfer any rights or obligations under it to anyone else.

Our right to transfer and assign

You agree and permit us to merge, reorganize, spin-off, transform or execute any other form of reorganization or restructuring of our company or business and/or transfer or assign all of our rights and obligations under these terms and conditions to any third party.
We will only transfer any of your and our rights or obligations under the agreement if it won’t have a significant negative effect on your rights under these terms and conditions or we need to do so to keep to any legal or regulatory requirement, or it is done as a result of implementation of reorganization (or a similar process). You will be able to terminate your e-money account upon notification about the assignment, merger, reorganisation or any other similar notification.

Lithuanian law applies

The laws of the Republic of Lithuania apply to these terms and conditions and the agreement. Despite this, you can still rely on the mandatory consumer protection rules of the EEA country where you live.

The English version of the agreement applies

If these terms and conditions are translated into another language, the translation is for reference only and the English version will apply. By entering into this agreement and accepting our services, you confirm that you understand English language and agree to communicate with BigWallet in English language as far as the legal relations arising under this agreement are concerned including with respect to submitting and resolving any complaints.

Our right to enforce the agreement

If you have breached the agreement between you and us and we don’t enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

Taking legal action against us

Legal action under these terms and conditions can only be brought in the courts of the Republic of Lithuania.

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