CUSTOMER AGREEMENT

Last updated: 5 July 2024

Go Back Customer Agreement applicable to customers who set up their Wise profile before 9 May 2023.

Applicable to customers who set up their Wise profile after 9 May 2023.

You may go directly to any section by selecting the appropriate link provided. The headings are for reference only.

3. Who we are and how to contact us?

6. Staying Safe While Using Our Services

7. Limits on How You can Use our Service

13. Paying for Your Money Transfer

14. Intellectual Property Rights

17. Our responsibility for loss or damage

1. Welcome to Wise

1.1 This Customer Agreement. This is a contract between you and Vaho Forex Private Limited, which defines the terms and conditions on which we provide our Services to you (the “Agreement”). This Agreement refers to and incorporates by reference additional documents (the “Additional Documents”), which also apply to your use of our Services, including:

(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing, and you promise that all data provided by you is accurate.
(b) Our Cookie Policy, which sets out information about the “cookies” on our Website.
(c) Our Acceptable Use Policy, which sets out the permitted and prohibited uses of our Services.

The definitions of capitalised terms are below in the Glossary (section 2) or defined in parenthesis within this Agreement or the Additional Documents.

1.2 By visiting our Website or using our Services (including downloading and using our App, or using our Services via the API, a social media or other platform or other authorised third party), you confirm that you accept and agree to this Agreement in its most current form as posted on our Website, App or by an API Partner. If you do not agree, you must not use our Services.

1.3 In case of any discrepancies between this Agreement and the Additional Documents or information we provide on our Website or App or via an API Partner, what is stated in this Agreement shall prevail.

1.4 In order to receive some of our Services, you may be asked to agree to additional terms and conditions which we will notify you about before you use that service.

1.5 In using the Services, you shall comply with all applicable laws and any guidelines, terms and conditions, policies imposed by the Bank Partner and other third-party service providers (such as card networks, payment aggregators, payment gateways, etc.) engaged by us to provide the Services.

1.6 Future changes to this Agreement. Subject to section 17.13, we will make changes to this Agreement from time to time. The revised Agreement will take effect as soon as it is posted on our Website and App or on the date notified to you.

1.7 Where to get a copy of this Agreement. You can always see the most current version of this Agreement on our website.

2. Glossary

In this Agreement:

API means the application programming interface provided by Wise, for example, through an API Partner.

API Partner means a business we have partnered with for Wise to offer the Services through their website, mobile application, or similar platform.

App means the mobile application software where we offer our Services, the data supplied with the software and the associated media.

Bank Partner means an Authorised Dealer Category I Bank in India in conjunction with whom we offer our Services.

Business Day means a day other than a Saturday, Sunday or a public holiday in India when financial institutions in India are open for business.

FEMA means the Foreign Exchange Management Act, 1999 and the rules and regulations made thereunder.

Intellectual Property means (i) rights in, and in relation to, any trademarks, logos, patents, registered designs, design rights, copyright and related rights, moral rights, databases, domain names, utility models, and including registrations and applications for, and renewals or extensions of, such rights, and similar or equivalent rights or forms of protection in any part of the world; (ii) rights in the nature of unfair competition rights and to sue for passing off and for past infringement; and (iii) trade secrets, confidentiality and other proprietary rights, including rights to know how and other technical information.

Money Transfer means a direct transfer of funds paid by you to a designated recipient outside India for such purposes as detailed in section 6.2 below, by using the Services provided by Wise.

Permitted Transactions means the following transactions provided by Wise for the purposes of the Services:

(a) Medical treatment abroad;
(b) University Fee (Overseas Education);
(c) Private visits;
(d) Business travel by individuals;

Reversal means the funds received by you are reversed, returned, or clawed back for any reason. For example, due to insufficient funds or account closure.

Services means all products, services, content, features, technologies, or functions offered by us and all related websites, applications (including the App), and service models (including the Website and via an API Partner), the currency conversion and Money Transfer offerings.

Website means any Wise webpage, including but not limited to www.wise.com, where we provide the Services to you.

3. Who we are and how to contact us?

3.1 Our information. Vaho Forex Private Limited is a company incorporated under the laws of India with company identification number: U67190DL2005PTC143066 ("Wise", "we", "us", or "our'' as applicable). Our registered office is at 4/55 WEA, Saraswati Marg, Karol Bagh, New Delhi, India, 110005.

3.2 We are an ‘Authorised Dealer Category II’ entity, authorised by the Reserve Bank of India (“RBI”) under FEMA to, inter alia, release / remit foreign exchange for certain transactions (as identified under FEMA). Our RBI reference number is Category-II- No. NDL-ADII-0065-2024.

3.3 How to contact us. You can contact us by email, web chat or telephone. Our contact details are provided on the Contact page of our Website.

USING OUR SERVICES

4. Who can use our Services?

4.1 Requirements. To be eligible to register, open, and maintain a Wise profile and access our services, you must be a resident of India (as defined under FEMA) and at least 18 years old.

4.2 One Wise profile per person or entity. Each person may only maintain one profile. Each Wise profile holder is individually bound to the terms of this Agreement.

4.3 Transacting on your own account. All activities under a Wise profile shall be deemed as activities carried out by you. You agree to only use the Services to transact on your own Wise profile and not on behalf of any other person or entity. You may not allow others to access or use the Services or a Wise profile on their behalf.

5. Getting Started

5.1 Using our Services. To start using our Services, you must create a profile and provide certain information as prompted by us.

5.2 Information must be accurate. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We are not responsible for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents. You must inform Wise promptly about any changes to your circumstances affecting your eligibility to avail the Services and/or your ability to comply with the terms of this Agreement. If at any time, we determine that you have given false or inaccurate information, we reserve the right to suspend, terminate or restrict access to the Services without prior notice.

5.3 Security and customer due diligence checks. We are required by law to carry out certain security and customer due diligence checks on you in order to provide any Services to you. In some circumstances, we might need to also perform checks on other parties involved in a particular transaction (for example, on your recipient). You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may, directly or through any third party, conduct any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Wise profile with us or in the event of a dispute relating to this Agreement or our Services. You agree we may disclose certain information about you, including your name, residential address and date of birth to a credit reporting agency in order to obtain a credit report for these purposes.

Further, we may conduct customer identity verification through in the following methods: (a) “in-person” verification, done by Wise’s authorised officials / agents, which may involve physical visits to your premises; (b) “video-based customer identification”, done by Wise’s authorised officials / agents through a secure, live, informed consent-based audio-visual interaction between you and Wise’s authorised officials / agents, which includes capturing the your live picture, recording the audio-video interaction with you; and (c) any other identity verification process permitted under applicable laws in India. By agreeing to this, you consent to these customer identity verification processes and permit Wise to conduct such customer identity verification processes as it may deem fit.

Wise reserves the right to close, suspend, or limit access to your Wise profile or the Services in the event we are unable to obtain or verify such information.

6. Staying Safe While Using Our Services

6.1 We recommend you use the Services to send money to friends, family and trusted and verified businesses and third parties that are known to you. You should not use the Service to send money to strangers.

6.2 The Services may only be used for the purpose of Permitted Transactions.

6.3 You / the remitter shall provide Wise with the following documents for undertaking each of the Permitted Transactions:

Category	Documents Required to process Remittance
University Fee (Overseas Education)	Case 1: Transfer of funds by Indian origin Student to the Overseas Bank Account of the University: Valid Student Passport / API Admission Letter from university PAN Card Aadhaar Card or such other officially valid document as may be acceptable to Wise Signed Form A2 Case 2: Transfer of funds by Indian origin Student to their own Overseas Bank Account for onward payment to the University: Valid Student Passport / API Admission Letter from university Additional Language in the FEMA Declaration Required. The language to be agreed with Wise and Wise should be able to evidence at the time of Sampling PAN Card Aadhaar Card or such other officially valid document as may be acceptable to Wise Signed Form A2 Case 3: Transfer of funds by Father of the Indian origin Student (Close Relatives) to their Overseas Bank Account for onward payment to the University: Valid Student Passport / API Admission Letter from university Additional Language in the FEMA and Close Relatives Declaration Required. The language to be agreed with Wise and Wise should be able to evidence at the time of Sampling PAN Card Aadhar Card or such other officially valid document as may be acceptable to Wise Signed Form A2 Case 4: Transfer of funds by Father of the Indian origin Student (Close Relatives) to their Overseas Bank Account for purpose of maintenance during his stay overseas for educational purposes: Valid Student Passport / API Admission Letter from university Additional Language in the FEMA and Close Relatives Declaration Required. The language to be agreed with Wise and Wise should be able to evidence at the time of Sampling PAN Card Aadhar Card or such other officially valid document as may be acceptable to Wise Signed Form A2
Private visit related remittances	Copy of Passport Mandatory Visa copy. or ticket copy PAN Card Aadhar Card or such other officially valid document as may be acceptable to Wise Signed Form A2
Medical treatment abroad	Valid Copy of Passport Mandatory valid Visa copy / tickets Estimation / invoice from Hospital PAN Card Aadhar Card or such other officially valid document as may be acceptable to Wise. Signed Form A2
Business travel by individuals	Valid Copy of Passport Mandatory Visa copy or ticket copy Booking confirmation PAN Card Aadhar Card or such other officially valid document as may be acceptable to Wise. Signed Form A2

6.4 When accessing your Wise profile, you should at the minimum do the following:

a) Change your password regularly and ensure that it isn’t reused for other online accounts.
b) Contact Customer Support if anyone asks for your login details, including your password.
c) Always follow recommended password management practices, including by using strong passwords, using a mixture of letters, numbers, and symbols.
d) Set up 2-step authentication where prompted by us.
e) Keep your email account secure. You may reset your password using your email address. Let Customer Support know immediately if your email account becomes compromised.
f) Update the App on your device to the latest version available.
g) Update your device’s browser to the latest version available.
h) Maintain your device’s operating systems with regular security updates provided by the operating system provider.
i) Install and maintain the latest anti-virus software on your device, where applicable.
j) It is essential to ensure every time you are entering your Wise username and password that it is only ever on our official App (downloaded from the iOS or Android store) or if via a browser, at wise.com. Emails and SMS messages sent by fraudsters may lead to fake login portals that could phish your login information and 2-step authentication details. Similarly, criminals can place malicious adverts on search engines that lead to fake websites of trusted businesses, including Wise. More information on how to avoid falling for phishing scams can be found here: https://wise.com/gb/blog/scam-websites

6.5 You must NOT:

a) Disclose your login credentials or your 2-step authentication details), and you must keep them safe.
b) Let anyone access your Wise profile or watch you accessing it, including letting someone else take remote control of your device(s).
c) Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
d )Do anything which may in any way avoid or compromise the 2-step authentication process.

6.6 Contact us if you suspect your Wise profile has been compromised. If you suspect your Wise profile or other login credentials are stolen, lost, used without your authorisation or otherwise compromised, you must contact Customer Support immediately. We recommend that you both call and email Customer Support right away. You are also advised to change your password. Any undue delays in notifying us may affect the security of your Wise profile and also result in you being responsible for losses. You must provide us with any reasonable assistance we require from you to investigate and take any action required to secure your account.

6.7 Additional Services you use may have additional security requirements and you must familiarise yourself with those.

6.8 You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. We cannot guarantee that our Services will be free from bugs or viruses.

7. Limits on How You can Use or Service

You must not misuse our systems. You must not misuse our Services by:

a) Introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful;
b) Taking 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, or attacking our Website, App or API with any type of denial-of-service attack;
c) Using an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers; or
d )Interfering or disrupting or attempting to interfere or to gain unauthorised access to our Website, software, API, systems (including any networks and servers used to provide any of the Wise Services) operated by us or on our behalf, any of the Wise Services or other users’ use of any of the Wise Services.

7.2 We may suspend your Wise profile or your access to our Services for security reasons. We may suspend your Wise profile or restrict its functionality if we have reasonable concerns about:

a) the security of your Wise profile or your profile;
b) suspected unauthorised or fraudulent use of your Wise profile or our Services; or
c) suspected violations of this Agreement or the Additional Documents.

Notwithstanding anything in this Agreement, we have the right to suspend, deactivate, restrict or terminate your Wise profile and refuse any and all current or future use of our Services (or any portion thereof) at our sole discretion, in addition to any right that we have against you at law or in equity, for any misrepresentation of information provided by you. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or soon thereafter, unless notifying you would be unlawful or compromise our reasonable security measures.

7.3 You must not misuse our Services. You must not misuse our Services by:

a) Breaching this Agreement, Additional Document, or any other agreement between you and any Wise entity;
b) Violating any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising) issued by any governmental authorities including but not limited to the RBI;
c) Infringing Wise’s Intellectual Property;
d) Acting in a manner that is defamatory, libelous, threatening or harassing;
e) Providing false, inaccurate or misleading information;
f) Sending what we reasonably believe to be potentially fraudulently gained funds;
g) Refusing to cooperate in an investigation or provide confirmation of your identity or any information requested by us;
h) Attempting to “double dip” during the course of a dispute or claim by receiving or attempting to receive funds from both Wise and a third party (e.g., a merchant), bank or card issuer for the same transaction;
i) Using our Services in a manner that results in or may result in;
- i. complaints to or about Wise;
- ii. requests by third parties to invalidate payments made to you;
- iii. fees, fines, penalties or other liability or losses to Wise, other Wise customers, third parties or you;
j) Using our Services in a manner that Wise, a card network 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;
k) Accessing the Wise Services from a country that where Wise is not permitted to operate;
l) Taking 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;
m) Circumventing this Agreement or any Additional Document or Wise policy or determinations about your Wise profile such as temporary or indefinite suspensions, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Wise profile(s) when access to a profile has been restricted, suspended or otherwise limited;
n) Opening new or additional Wise profiles using information that is not your own (e.g., name, address, email address, etc.), or using someone else’s Wise profile;
o) Harassing, being abusive towards and/or threatening our employees, agents, or other customers; or
p) Abusing a card network dispute resolution process.

7.4 The actions we may take if you engage in any restricted activities If we believe that any of the activities listed in sections 7.1 to 7.3 above have occurred, we may take several actions to protect Wise, its customers and others at any time at our sole discretion. The actions we may take include, but are not limited to, the following:

a) terminating this Agreement;
b) suspending your Wise profile, during which time your Wise profile remains open but is not able to be operated or may be subject to restrictions until we remove the suspension;
c) closing your Wise profile and terminating your access to our Services, which means your Wise profile is deactivated and/or not available, without notice, without penalty to us;
d) reporting suspected breach of law, regulation, or criminal statute to the relevant law enforcement authorities, and we will cooperate with those authorities, including by disclosing your identity to them;
e) refusing to provide our Services to you in the future;
f) limiting your access to our Website, App, software, systems (including any networks and servers used to provide any of the Wise Services) operated by us or on our behalf, your Wise profile or any of the Services, including limiting your ability to send money with any of the payment methods linked to your Wise profile;
g) contacting your bank or credit card issuer, other impacted third parties, or law enforcement about your actions;
h) updating inaccurate information you provided us; and
i) taking legal action against you, including seeking damages and reimbursement for losses and fees.

8. Court Orders.

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with court order, applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Wise profile, placing a reserve or limitation on your Wise profile, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless a court order, applicable law, regulatory requirement or other legal process requires otherwise, we will attempt to notify you of these actions using the contact information that you have provided to us. We do not have an obligation to contest or appeal any court order or legal process involving you, your Wise profile or your use of our Services. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place as long as reasonably necessary.

9. Closing your Wise profile

9.1 You may stop using Wise and/or close your Wise profile at any time. You may close your Wise profile and/or end your ability to use our Services at any time by following the steps provided by us on our Website, App or via an API Partner.

9.2 Remaining funds may be subject to additional checks. After closure or deactivation of your Wise profile, you may be subject to additional checks before Wise is able to return funds (deposited by you with Wise) back to you.

9.3 When you may not close your Wise profile or delete your profile. You must not close or delete your Wise profile:

a) To evade an investigation;
b) If you have a pending transaction or an open dispute or claim; or
c) If you owe us any money;

If you attempt to do this, we may hold your money for a period of time that is reasonably necessary to protect our or a third party’s interest.

9.4 You are responsible for your Wise profile after closure. You agree that you will continue to be responsible for all obligations related to your Wise profile and your use of our Services, even after it is closed or you have stopped using our Services. For example, if you have a [negative balance] with Wise, you will remain responsible for paying us even after your Wise profile is closed and/or you have deleted your profile. For more information, see “What happens if you owe us money” in section 22.8.

9.5 We may end this Agreement without giving you prior notice. We may end this Agreement and terminate your Wise profile or any Services associated with it at any time and without giving you prior notice.

9.6 You cannot use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.

10. How much will you pay

10.1 You must pay our fees. You must pay the fees in connection with the use of our Services. We may not process your transaction(s) or provide any other Services to you until we have received the fees from you. Our fees do not include any fees that an API Partner, your bank, the recipient’s bank or other third party may separately charge.

10.2 You can see our fee structure on the Pricing page. You can see our fee structure on the "Pricing" page. For clarity, the fees applicable to you as set out on the []"Pricing" page](https://wise.com/pricing) forms part of this Agreement which may be subject to change as set out in section 22.13.

10.3 We can make deductions for amounts you owe us. You agree that we are authorised to deduct our fees, any applicable Reversal amounts, or any amounts you owe us from the funds received from you, and may deduct funds sent to us for Services in the future.

10.4 Goods and Services Tax (“GST”)

a) Unless set out elsewhere in this Agreement, the fees for our Services are exclusive of any applicable GST.
b) Where such Service provided by us is subject to GST, you will pay GST over to us in addition to the agreed fees.
c) The GST will be payable at the same time as the underlying fee, except where you have the responsibility to self account for such GST to a tax authority, and we have no obligations in respect of GST in India or elsewhere.

10.5 Taxes. You are responsible for any taxes which may be due by you resulting from your use of our Services, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

CONVERTING CURRENCY

11. Currency Conversion

11.1 Our Services include the ability to convert Indian Rupees (INR) to permitted foreign currencies as part of Money Transfer services offered by us.

11.2 Exchange rate. When we refer to an exchange rate in this Agreement, it means the exchange rate at the relevant time for the relevant currency pair (for example, INR to USD) that is offered by Wise., which is typically provided by a reference rate provider. We may change our reference rate provider from time to time without notice to you.

11.3 For some currencies, we do not use the mid-market exchange rate, including where we are required by law to use a different reference rate for the exchange rate for your currency pair. For example, for currency conversions to Nigeria (NGN), we are required to use the rate set by the Central Bank of Nigeria. For these currencies we will notify you of the exchange rate offered by Wise when you initiate a current conversion.

11.4 We may not process your currency conversion order until we hold or have received the funds and fees specified on our Pricing Page. It is your responsibility to ensure money is sent to us to fund a currency conversion order (as part of a Money Transfer) in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.

11.5 Refusing a currency conversion order. We reserve the right in our sole discretion to refuse any currency conversion order. Reasons for refusal may include but are not limited to incorrect information about the recipient, insufficient available funds, or where we believe you may have violated this Agreement, including where we believe you are or may be attempting to engage in currency trading or other trading for purposes not permitted by this Agreement. We will endeavour to notify you of any refusal, using the contact information that you have provided to us, stating (where possible) the reasons for such refusal and explaining how to correct any errors. However, we will not notify you if such notification may be unlawful.

11.6 Confirmation of currency conversion order. Each currency conversion order is given a unique transaction number which is shown in the order confirmation and transaction history. You should quote this transaction number when communicating with us about a particular currency conversion order.

MONEY TRANSFERS

12. Sending money

12.1 Information you need to provide to set up a Money Transfer. To set up a Money Transfer, you will need to provide certain information to us, including, but not limited to, the full name of your recipient, your recipient’s bank account details, amount and currency to be transferred and such other information as we may deem necessary.

12.2 Payment order limits. Your Money Transfer order must stay within the limits prescribed by the RBI under FEMA (including but not restricted to limits imposed under the RBI’s Liberalised Remittance Scheme (“LRS”)). If the total amount of foreign currency transactions undertaken by you during a financial year from 1 April to 31 March exceeds USD 250,000 (United States Dollars Two Hundred and Fifty Thousand Only) or such other limit as prescribed by the RBI under FEMA (including but not restricted to limits imposed under the LRS) from time to time, you will be solely responsible for immediately recalling all Money Transfer orders which are in breach of such limit and promptly applying for compounding of the contravention with the RBI. We will not be liable for any breach of such limits or any losses or penalties incurred in connection with such breach. In addition to the above, we may place limits on the amount you may send per Money Transfer. You can see more information in the Help Centre.

13. Paying for Your Money Transfer

13.1 How to pay for your Money Transfer. To pay for your Money Transfer, you need to access your Wise profile, by logging in on our Website or App or via an API Partner, and follow the steps provided to initiate payment to our designated account maintained with the Bank Partner.

13.2 Payment methods. You may be presented with one or more methods of paying for a Money Transfer (for example, a bank transfer, or a credit card or debit card). The number of payment methods made available to you will depend on a number of factors including where you live and your verification status with us. We cannot guarantee the availability of any particular payment method and we may change or stop offering a payment method at any time without notice to you.

13.3 Payment instruments must be in your name. Any payment instrument (for example, the [credit card or debit card]/[bank account from which you make a transfer]) you use to pay for a Money Transfer must be in your name.

13.4 You need to provide us with sufficient funds after you set up your Money Transfer and before we can process it. We are not responsible for the funds you have sent, or for completing the Money Transfer you have set up, until we have received them. We may only process your Money Transfer if we hold or have received sufficient cleared funds in accordance with this Agreement and the instructions provided. If you send us funds prior to setting up a Money Transfer order, we will attempt to return them to you. It is your responsibility to fund your Money Transfer in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your or a third party’s bank or payment service provider.

13.5 Guaranteed rates. We may provide you with a guaranteed foreign exchange rate for a period of time. We will notify you of the guaranteed rate and the time period during which we are offering that rate (the “Guaranteed Period”) when you create your Money Transfer. Guaranteed Periods are subject to the following conditions:

a) The Guaranteed Period may be extended if your Money Transfer is created over the weekend or on a public holiday.
b) We must receive sufficient funds from you during the Guaranteed Period in order to convert your funds (for the purposes of Money Transfer) at the guaranteed rate. You will see when we have received your funds in your Wise profile. Wise is not responsible for the failure of a third party to send your funds to us in a timely manner.
c) If we receive your funds after the Guaranteed Period, we will not be able to convert your money using the guaranteed rate and your transfer will become a non-guaranteed rate transfer. Accordingly, we may convert your money at the applicable exchange rate at the time we receive your money or we may email you and ask you if you want to proceed with your transfer at the new exchange rate.
d) If the Wise exchange rate changes by 5% or more during the Guaranteed Period, we can, at our discretion, suspend your transfer for a reasonable period of time or cancel your transfer and refund the money to you.
e) For certain currencies, including where you are paying for a Money Transfer with Japanese Yen (JPY), the guaranteed rate will only be offered after your address has been verified by us.

We may change these guaranteed rate conditions or suspend the guaranteed rate feature at any time.

13.6 The Wise exchange rate. We will confirm the available exchange rate (if applicable) for your Money Transfer:

a) when you place your Money Transfer, if it is a guaranteed rate Money Transfer; or
b) when we have received your payment, if it is a non-guaranteed rate Money Transfer.

13.7 Chargebacks on your payment instrument. If you selected a payment method which can be subject to chargeback (for example a credit card), you agree that you will only exercise this chargeback right if:

a) we have breached this Agreement; or
b) there was an unauthorised use of your payment instrument, meaning that you did not execute or authorise the payment.

You agree that you will not exercise your chargeback right for any other reason, including a dispute with a recipient. If we need to investigate or take any actions in connection with a chargeback caused by or related to you, we may charge you for our costs in doing so and may limit or remove your access to our Services. See What happens if you owe us money at section 17.8.

13.8 When we will complete your Money Transfer. We will complete your Money Transfer once we have received your funds. For some payment methods such as a credit or debit card, we may send your Money Transfer as soon as possible.

13.9 Permitted Purposes. You may use our Services for such purposes as detailed in section 6.2 above. You further agree to not use our services for any other purposes.

13.10 Paying with your debit or credit card. When you choose to pay with a debit or credit card, you confirm that your card details are correct, that you are authorised to access and transmit funds from your card account, that your card account is in good standing with the account-holding financial institution, and that you have the authority to initiate a debit or credit card payment in the amount at issue to or from your card account. You authorise us to initiate credits and debits to your bank account through card payment networks in order to process your transaction, including any applicable fees and charges, and this authorization shall remain in effect so long as you are able to use our Services, unless cancelled in accordance with this Agreement.

13.11 When we receive your request. If your Money Transfer request is received by us after 5pm Indian Standard Time on a Business Day or on a day that is not a Business Day (e.g., a weekend or bank holiday), your Money Transfer will be deemed received on the following Business Day.

13.12 What happens after you have submitted your Money Transfer request. Once we have received your Money Transfer request, we will provide you with a unique transaction number which you can find in your Wise profile. You should quote this number when communicating with us about a particular Money Transfer or other transaction.

13.13 Delay in transfer. We may delay processing a Money Transfer in certain situations, including if we need to confirm that the transaction has been authorised by you, as a result of verification checks or due diligence reviews. Wise is not responsible for such delays.

13.14 Completion time of your Money Transfer. The estimated completion time of your Money Transfer will be provided to you when setting up your Money Transfer.

13.15 We will use reasonable efforts to ensure funds arrive at your recipient’s account within the timeframe provided. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the notified timeframe provided to you. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.

13.16 Refusal of your Money Transfer. If we are unable to complete your Money Transfer, we will let you know and, if possible, tell you the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.

13.17 You may cancel your Money Transfer before your funds are converted. You may cancel your Money Transfer by following the instructions set out in our Help Centre. You cannot cancel your Money Transfer once your funds have been converted.

13.18 When will I be notified of my scheduled Money transfer? If you have scheduled a Money transfer in advance then we will notify you 24 hours before your upcoming Money Transfer, setting out the total fees and the estimated exchange rate for that Money Transfer. By scheduling a Money Transfer, you agree to Wise sending the funds using the exchange rate at any time on the scheduled date. If you have opted in to receiving confirmation emails, we will send you a Money Transfer receipt after successfully sending your scheduled Money Transfer.

13.19 You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a Money Transfer is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.

13.20 What happens if you provide us with incorrect information. If you have provided incorrect information to us, we may, but are not required to, assist you in recovering your funds. We cannot guarantee that such efforts will be successful as they rely on the policies and practices of other banks and institutions. In addition, Wise may not be able to confirm that your recipient’s name and account number match, as the names and other information associated with third party accounts may not be known to Wise. This means that if you provide an incorrect account number, your funds will most likely go to the wrong account.

13.21 Finality. When you make a Money Transfer, the settlement and payout to the recipient are final and irrevocable unless otherwise provided in this Agreement or pursuant to applicable law.

13.22 Notwithstanding anything to the contrary in this Agreement:

a) If a transaction has been processed despite insufficient funding, you shall; (i) be liable to Wise to make up for the shortfall (“Pay Out Shortfall”) plus any applicable fees, along with any costs incurred by Wise and any other third party on recovering or attempting to recover such shortfall; and (ii) immediately transfer such amount which equals to the pay out Shortfall to Wise upon demand.
b) 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 the transactions. If any transaction is subject to Remittance Tax, the amount the beneficiary actually receives may be different from the amount stated in the payment instruction (“Shortfall”). Wise shall not be required to make up for such shortfall under any circumstances. You further acknowledge and agree that Remittance Taxes are subject to changes from time to time and Wise is under no obligation to notify you of any such changes.
c) You authorise Wise to recover funds from you if any error (whether due to Wise or any third party) results in you or your beneficiary receiving funds that you or your beneficiary are not entitled to receive (“Excess Funds”). You further authorise Wise to set off such Excess Funds against any sum owed by Wise to you and undertake to provide reasonable assistance to Wise to aid our efforts in recovering such Excess Funds (including obtaining such consent from your beneficiary for the reversal of Excess Funds).

13.23 During the Money Transfer, Wise may be subject to charges and expenses including but not limited to foreign exchange losses when converted at the prevailing exchange rate, etc. You agree and acknowledge that Wise shall not be liable to pay to such charges and expenses and you also agree to indemnify Wise in full against any and all losses incurred by Wise in connection with such costs or expenses.

INTELLECTUAL PROPERTY RIGHTS

14. Intellectual Property Rights

14.1 All right, title and interest in and to any software (including without limitation the App, the Website, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed, provided or made available by us or our affiliates to you, including content of the Website, and any and all technology and any content created or derived from any of the foregoing (“Wise Materials”) and our Services are the exclusive property of Wise and its licensors. The Wise Materials and Services are protected by intellectual property rights laws and treaties around the world. All such rights are reserved.

14.2 How you can use Wise Materials. While you are using our Services, you may use the Wise Materials only for your personal use unless you have received written permission from us and solely as necessary to enjoy our Services. Subject to your compliance with this Agreement and your payment of any applicable fees, Wise grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited licence to access and/or make personal use of the Wise Materials and Services. Any use of the Wise Materials and Services not specifically permitted under this Agreement is strictly prohibited. The licences granted by Wise terminate if you do not comply with this Agreement or any other service terms.

14.3 When you cannot use Wise Materials. Unless you have received written permission from us, you may not, and may not attempt to, directly or indirectly:

a) use any of the Wise Materials for any commercial purpose or otherwise infringe our intellectual property rights;
b) transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services or the Wise Materials to any person or entity;
c) remove, obscure, or alter any notice of any of our trademarks, or other Intellectual Property appearing on or contained within the Services or on any Wise Materials;
d) modify, copy, tamper with or otherwise create derivative works of any software included in the Wise Materials; or
e) reverse engineer, disassemble, or decompile the Wise Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Wise Materials or as part of the Services.

14.4 Wise Trademarks. This is a non-exhaustive list of Wise Trademarks : “WISE”, “WISE CARD”, “WISE PLATFORM”, “WISEPLATFORM”, “WISE PAY”, “WISEPAY”, “WISEBUSINESS”, “WISE BUSINESS”, “WISETRANSFER’, “WISE TRANSFER”, “TRANSFERWISE”, “BORDERLESS”, “MONEY WITHOUT BORDERS” and any other business and service names, logos, signs, graphics, page headers, button icons and/or scripts (each as might be amended from time to time) are all registered or unregistered trademarks or trade dress of Wise or Wise’s licensors in the relevant jurisdictions (“Wise Trademarks”). You may not copy, imitate, modify or use Wise Trademarks without our prior written consent. You may use HTML logos provided by us for the purpose of directing web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Wise or the Services or display them in any manner that implies Wise’s sponsorship or endorsement. Further, you may not use Wise Trademarks and trade dress in connection with any product or service that is not Wise’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wise.

14.5 All other trademarks, registered trademarks, product names and company names or logos not owned by Wise that appear in Wise Materials or in the Services are or may be the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wise, and may not be used without permission of the applicable rights holder.

15. Wise App

15.1 The App is subject to this Agreement and the App Store and Google Play Rules. We licence the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any app store provider or operator whose sites are located at the App Store and on Google Play. We do not sell the App to you. We remain the owners of the App at all times.

15.2 App updates. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

15.3 Your right to use the App. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on your device subject to this Agreement. We reserve all other rights.

15.4 App Store terms. The following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”):

a) Apple is not a party to this Agreement and does not own and is not responsible for the App.
b) Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it.
c) Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
d) Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Wise in accordance with this Agreement.
e) The licence you have been granted herein is limited to a non-transferable licence to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement.
f) Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Notwithstanding this, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party, including Apple.

16. Third Party Materials

16.1 Certain Website, App or API functionality may contain or provide you access to information, products, services and other materials by third parties (“Third Party Materials”) or allow for the routing or transmission of such Third Party Materials, including via links.

16.2 We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website, App or API at any time. In addition, the availability of any Third Party Materials through the Website, App or API does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

16.3 Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

OTHER LEGAL TERMS

17. Our responsibility for loss or damage

17.1 Unforeseeable loss or damage. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your sign up process.

17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

17.3 We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological issues or attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.

17.4 We have no control over websites linked to and from our Website. We assume no responsibility for such Third Party Materials or any loss or damage that may arise from your use of them.

17.5 You are responsible for checking your Wise profile regularly. We rely on you to regularly check the transactions history of your Wise profile and to contact Customer Support immediately in case you have any questions or concerns.

17.6 We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control. This would include any failure to deliver or any delay caused due to actions attributable to our Bank Partner or any other third party services provider engaged by us in providing the Services.

17.7 You are liable if you breach this Agreement or applicable laws. In the event of loss, claims, costs or expenses (including reasonable legal fees) arising out of your breach of this Agreement, any applicable law or regulation and/or your, you agree to defend, compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.

17.8 What happens if you owe us money. In the event you are liable for any amounts owed to us for whatever reason, you agree to repay the outstanding amount to us immediately on demand along with any applicable fees and interest. In the event that you do not repay the outstanding amount, then, without prejudice to any other rights we may have, we reserve the right to collect your debt to us by using any payments received for our Services in the future (such as to fund a Money Transfer), and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through other collection avenues, including, without limitation, through the use of a debt collection agency. We may recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.

17.9 Release. If you have a dispute with any other Wise profile holder or a third party that you send money to using the Services, you release Wise from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. This means that you must use caution when dealing with third parties using our Services or your Wise profile.

17.10 Disclaimer of Warranty. The Services are provided “As-Is” “Where Is” and “Where Available” and without any representation or warranty, whether express, implied or statutory. Wise specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We disclaim all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

17.11 Availability of Services. We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

17.12 You are responsible for making all arrangements necessary for you to have access to our Services.

17.13 We may change this Agreement without giving you prior notice.

17.14 You will indemnify us for any loss or damage suffered by us (including any tax / interest or penalty levied by the income tax authorities in India for non-deduction of tax or non-compliance with the relevant provisions of income tax law with regard to Services availed by you and expenses and costs incurred by Wise, such as legal fees) as a result of (i) your breach of this Agreement, or (ii) if we have to enforce any provisions of this Agreement against you (for example if you fail to pay us any sums due to us), or (iii) if you use our Services in a manner which is fraudulent and / or negligent and / or in contravention of applicable law and the terms of this Agreement, or provide false information, while using the Services (in such instances you will remain liable even after the Agreement is terminated); or (iv) currency fluctuations at the time of Money Transfer.

18. Complaints

18.1 If you have any complaints about us or our Services, you may contact us following our customer complaint procedure.

19. Other important terms

19.1 Third Party rights. This Agreement is between you and us. Except as provided in section 15.4 no other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.

19.2 Assignment. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement without our prior written consent. We reserve the right to transfer, assign or novate this Agreement or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Wise profile under section 9.

19.3 Severability. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

19.4 Enforcement. Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us from taking steps against you at a later date.

19.5 Entire Agreement. This Agreement supersedes and extinguishes all previous agreements between you and Wise, whether written or oral, relating to its subject matter.

19.6 Governing law. This Agreement is governed by Indian law. Any dispute between you and us in connection with the Services and/or this Agreement may be brought in the courts of Mumbai.

20. Declarations

You declare that: 20.1 You are an Indian resident who is at least 18 (eighteen) years old and possesses the necessary legal capacity to be bound by this Agreement according to applicable laws.

20.2 The total amount of foreign currency transactions undertaken by you during a financial year including all transactions proposed to be submitted to Wise for processing is within USD 250,000 (United States Dollars Two Hundred and Fifty Thousand Only) or such other limit as prescribed by the RBI under FEMA from time to time.

20.3 All foreign currency transactions submitted by you to Wise for processing are solely for the purposes disclosed by you to Wise.

20.4 In the event of any enquiry from any statutory/regulatory authorities in respect of any remittance undertaken in connection with our Services, You undertake to provide all the necessary information/document(s) to Wise as may be required in this regard.

20.5 Your use of the Services and all transactions submitted to Wise for processing do not contravene FEMA and other applicable laws in India.

21. Disclaimers

21.1 Tax Collected at Source (“TCS”) at the applicable rate under section 206C(1G) (b) of the Income Tax Act, 1961 will be levied on outbound tour services and on foreign remittances made under the LRS framework. Further, you agree to: (i) provide the relevant details as requested by Wise, to determine such applicable tax rate; and (ii) indemnify Wise for any loss or damage suffered by Wise as a result of any factually incorrect information provided in relation to (i) above.

21.2 In the event of cancellation of Money Transfer Services and refund of the amount, TCS shall not be refunded. The non-refunded TCS will be reflected in the 26AS of the payer for claiming Income Tax credit.

21.3 You acknowledge, recognise and understand that availing Money Transfer Services may involve a degree of risk and loss, depending on the nature and purpose of the transaction, and is appropriate only for persons who can assume risk of such loss.

21.4 You have read the terms of this Agreement and have considered your objectives and financial situation and have obtained appropriate independent advice prior to entering into this Agreement and have formed the opinion that availing the Services offered by Wise under this Agreement are suitable for your needs.

22. SET- OFF

You authorise Wise to set off the whole or any part of your liabilities to Wise, whether such liabilities are actual or contingent, liquidated or unliquidated against any funds held by Wise for you.