Terms and conditions

Effective Date: 25^th June 2023

The ILIXIUM services include e-Money and payment services provided by the company ILIXIUM Limited. ILIXIUM Limited is an e-Money Institution regulated by the Financial Conduct Authority.

In this Agreement “you” or “your” means any individual using the ILIXIUM services. Unless stated otherwise, all references to “ILIXIUM”, “we”, “us” or “our” will refer collectively to ILIXIUM, its officers, directors, employees, agents and affiliates. This User Agreement (the “Agreement”) is a contract between you and ILIXIUM, which governs the use of ILIXIUM services, which include the e-Money service (“e-Money Service”) and the payment service (“Payment Service”), collectively referred to as the “ILIXIUM Services”. This Agreement applies to your use of all ILIXIUM Services whether you make or receive payments, and whether this is accessed using an Application operated by a third party (“Merchant”) or one owned of controlled by us or any entity controlled by, in control of, or under common control with us. By using the ILIXIUM Services you agree to these terms and conditions in full.

1. Introduction to ILIXIUM and this Agreement

ILIXIUM is an Authorised Electronic Money Institution governed by the Financial Conduct Authority under the Electronic Money Regulations 2017 with e-Money registration number 900202.

ILIXIUM’s main business is the issuance and redemption of electronic money (e-Money) and the provision of payment services.

ILIXIUM Services enable you to make and receive payments from third parties. ILIXIUM does not have control nor does it assume liability for the products or services that are paid for with our service and you agree that ILIXIUM will not be held liable for any act of default between yourself and such third party company.

ILIXIUM Services provide e-Money and Payment Services. These ILIXIUM Services are provided by ILIXIUM. They allow you to send and receive money from third party companies. When using ILIXIUM Services note that ILIXIUM is not responsible for any products and services provided by these third party companies.

Legal Contract:

This Agreement forms a legal contract between you and ILIXIUM governing the use of ILIXIUM Services, by registering or using the ILIXIUM Services you must read, agree and accept all of the terms and conditions contained in this Agreement. This Agreement will be governed by and interpreted in accordance with the laws of England and Wales. You agree that your use of the ILIXIUM Services constitutes your acceptance of this Agreement.

If any part of this Agreement is found by a court of a competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed and the remainder of the Agreement shall continue to be valid and enforceable to the fullest extent permissible by law.

No person other than you has any rights under this Agreement and the provision of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded. Your account with us is personal to you and you may not assign any rights to any third party.

Additional Terms of Use may also be notified to you if you take additional services in due course from ILIXIUM.

When you use ILIXIUM Services you are accepting these Terms and Conditions.

ILIXIUM Services:

The ILIXIUM Service is only an e-Money and Payment Service Provider. The ILIXIUM Services enable you to make or receive payments, whether this is accessed using an application operated by a Merchant or ILIXIUM.

ILIXIUM Service enables you to make and receive payments

ILIXIUM Account Types:

ILIXIUM Services provide you with your own ILIXIUM Account (“ILIXIUM Account”). To make use of your ILIXIUM Account you will need to register through the ILIXIUM website (www.ILIXIUM.com).

The ILIXIUM Account functionality it specific to the product which you are using (e-Money Service or Payment Service).

Payment Service ILIXIUM Account enables you to:

Send and receive third party payments through Merchant Application
Securely Store Card Details
Manage Personal Information
View Transaction History

e-Money Service ILIXIUM Account enables you to:

Send and receive third party payments directly or through Merchant Application
Securely Store Card Details
Manage Personal Information
View Transaction History
Upload Funds
Purchase Vouchers
Redeem Funds
Withdraw Funds

You can register for your own ILIXIUM Account when you use our ILIXIUM Services.

Notices to you:

This Agreement is located on ILIXIUM website: https://www.ilixium.com/terms-and-conditions/

We may amend and update this Agreement without your consent at any time by posting a revised version on our website. The revised version will be effective at the time that we post it.

If the revised version includes a substantial change that applies to consumers, in addition to posting on our website, we will notify you directly in accordance with our Privacy Policy.

In accordance with our Privacy Policy, you agree that ILIXIUM may provide notice or other information to you by:

posting it in a secure, private and password area of the ILIXIUM website(s) accessed by you when successfully logging into your Account
emailing it to you
mailing it to you
calling you by phone,
or sending you a “text” / SMS message.

The personal information on your Account will be used to contact you. The personal information on your ILIXIUM Account can be viewed/updated in the “MyDetails” section, or will be provided to us directly from Merchant.

You must have internet access and an e-mail account to receive communications and information relating to the ILIXIUM Services. With the exception of amendments to this Agreement, such notice shall be considered to be received by you within 24 hours of the time it is posted to our website(s) or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days from the date it was sent. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information (for example, by e-mail) ILIXIUM may charge you a records request fee to provide a paper copy.

If we need to contact you, we might:

post a notice in your secure ILIXIUM Account,
email you,
send it to your registered address,
call or text you.

We will always assume that you have received the notice.

Privacy & Intellectual Property:

Your Privacy is extremely important to us and we strongly recommend that you read the ILIXIUM Privacy Policy in order to understand how we collect, store, use and your rights and access to your personal data.

The Privacy Policy can be located: https://www.ilixium.com/privacy-policy/

“URLs representing the ILIXIUM website(s), the ILIXIUM trade mark and all related logos of our products and services described in our website(s) constitute the intellectual property rights of ILIXIUM or its licensors. All page headers, custom graphics, button icons and scripts are likewise the intellectual property of ILIXIUM and all rights are reserved. You may not copy, change or use them without our prior written consent. All right, title and interest in and to the ILIXIUM website and any content thereon is the exclusive property of ILIXIUM and its licensors.”

Privacy is extremely important to us. To understand how ILIXIUM collects, stores, uses and access your data refer to the ILIXIUM Privacy Policy.

Other:

Please be advised that we reserve the right to close, suspend, or limit your access to your Account or our ILIXIUM Services, if you violate this Agreement.

You are encouraged to read the Frequency Asked Questions and Help section of the ILIXIUM website (www.ilixium.com)

Unless your Account has been closed or restricted, you will be able to log in to the ILIXIUM website and view your transaction history within your Account. You agree to review your transactions through the website rather than receiving periodic statements by mail.

If you violate this agreement, we can close, suspend or limit your access to ILIXIUM Services.

ILIXIUM Account enables you to view your transaction history.

2. Your Agreement with Us

Your ILIXIUM Account enables you to perform certain functions depending on the type of account. The following information relates to all available functions, some of which may not be available if you are utilising a Payment Account.

Your ILIXIUM Account enables you to send and receive electronic payments.

With your ILIXIUM account you can:

Send and receive payments, and
Load and withdrawal funds

Your ILIXIUM Account enables you generate electronic money and withdraw electronic money.

The electronic money in your ILIXIUM Account is issued in accordance with the European Electronic Money Directive 2015 and the relevant national legislation of the United Kingdom.

With your ILIXIUM account you can:

Generate e-Money
Withdraw e-Money

Your ILIXIUM Account is opened in a base currency based on your location and/or first successful payment. Your base currency will then be fixed.

The ILIXIUM Account also enables you to add further currency accounts if available to you, in order to convert currency from one e-Money currency account to another.

The electronic money held in your ILIXIUM Account does not earn any interest but does not expire.

The balance in your ILIXIUM Account is in your base currency and it doesn’t expire or earn any interest.

You have the right to withdraw funds from your ILIXIUM Account at any time. However, you may be required to confirm your identity beforehand. There is no minimum withdrawal amount but the funds in your ILIXIUM Account must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.

Electronic money accounts are not bank accounts. By accepting these Terms of Use you acknowledge that the UK’s Financial Services Compensation Scheme (FSCS) does not apply to your ILIXIUM Account. We strictly adhere to the legal requirements under the European Electronic Money Directive 2015, the Payment Services Directive 2017 and UK national legislation which are designed to ensure the safety and liquidity of funds deposited in electronic money accounts.

The funds belongs only to you and you can withdrawal them at any time.

The electronic money in a ILIXIUM Account belongs to the person or legal entity which is registered as the account holder. No person has any rights in relation to the funds held in your account, except in cases of succession. You may not assign or transfer your account to a third party or otherwise grant any third party a legal or equitable interest over it.

Your ILIXIUM Account may be subject to upload, payment and withdrawal limits, depending on your country of residence, the verification status of your ILIXIUM Account and other factors used by us to determine such limits from time to time at our sole discretion.

Your account may be subject to upload, payment and withdrawal limits.

3. Opening Your Account & Eligibility

Opening Your Account.

In order to use the ILIXIUM Services you must first open a ILIXIUM Account by registering your details on our Website or when making a payment with ILIXIUM Payment Service on one of our client’s websites. As part of the signup process you will need to accept these Terms of Use and our Privacy Policy. If you order additional services, you may be asked to accept additional terms and conditions.

You can open a ILIXIUM Account by registering in our website or by making a payment with one of our clients.

You may only open one ILIXIUM Account unless we explicitly approve the opening of additional accounts.

You can only have one ILIXIUM account.

You may only open a ILIXIUM Account if it is legal to do so in your country of residence. By opening ILIXIUM Account you represent and warrant to us that you’re opening of an account does not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section.

All information you provide during the signup process or any time thereafter must be accurate and truthful.

You may only add payment instruments (such as bank accounts, credit cards or debit cards) to your ILIXIUM Account if you are the named holder of that payment instrument. We take any violation of this requirement very seriously and may treat an attempt to add a payment instrument of which you are not the named holder as a fraudulent act.

You should provide us with accurate and truthful information at any time and to ensure that opening a ILIXIUM Account does not violate any laws or regulations applicable to you.

Within 14 calendar days of the date of opening your ILIXIUM Account, you may close your ILIXIUM Account at no cost by contacting Customer Service, however, if you have uploaded funds into your ILIXIUM Account, you may be required to provide identification documents before being able to withdraw funds. Transactions and fees for transactions undertaken before you close your ILIXIUM Account (including those transactions that are not revocable and have been initiated but not completed before closure of your ILIXIUM Account will not be refunded.

Within 14 calendar days of the date of opening your account, you may close your ILIXIUM Account without any charges.

Eligibility.

To be eligible for a ILIXIUM Account you must be over 18 years of age (This does not apply to products for which we set a different age limit. We may require at any time that you provide evidence of your age.

To obtain Verified status you must complete the following steps depending on your ILIXIUM Account status:

Complete the online set up process
Follow the verification link
Make a payment with ILIXIUM Services using credit or debit card or bank transfer

You must be over 18 and Verify your ILIXIUM Account to fully use our ILIXIUM Services.

4. Keep your information Up to date:

You must ensure that the information recorded on your ILIXIUM Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to validate the accuracy of your information or to provide documents or other evidence to support this.

We may contact you by e-mail or in other ways described in section 18 with information or notices regarding your ILIXIUM Account. It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered with your ILIXIUM Account and to retrieve and read messages relating to your account promptly. We shall not be liable for any loss arising out of your failure to do so.

Your information must always be up to date.

Fund uploads, payments received, payments sent and fund withdrawals are displayed in your ILIXIUM Account together with the fees charged. Each transaction is given a unique ID, which should be used when communicating with us about a particular transaction. You should check your account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting ILIXIUM Customer Services. To claim a refund for an unauthorised or incorrectly executed payment transaction on your ILIXIUM Account you must notify us without undue delay after becoming aware of the unauthorised or incorrect transaction and in any event no later than thirteen (13) months after the date the incorrect transaction was made.

Your transactions have a unique ID and if you need any clarification you should contact our Customer Services.

Keeping Your ILIXIUM Account Safe.

Setting your Security Details: We advise you not to choose a PIN or password that is not easily guessed or inferred from information someone might know or gather about you. You should also take care to make sure that no one sees your PIN or password when you use it. It is advisable to change your password and your PIN regularly in order to increase the security of your account.

Our personnel or any approved third party will never ask you to provide your password or PIN in any communication.

Only use Genuine Websites: Any message you receive or website you visit that asks for your password, other than the ILIXIUM Account or a ILIXIUM Payment Service on a merchant website, should be reported to us. If you are in doubt whether a website is genuine, you should contact ILIXIUM Customer Service to validate before proceeding to use your ILIXIUM account.

You must always ensure that your login details are not stored by the browser or cached or otherwise recorded in any computer, tablet or mobile device you use with the ILIXIUM account.

Reporting Incidents: If you have any evidence or suspicion of your ILIXIUM Account, login details, PIN, password or other security details being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password and contact ILIXIUM Customer Service immediately. Any undue delay in notifying us may not only affect the security of your account but may result in you being liable for any losses as a result. If you suspect that your ILIXIUM Account was accessed by someone else, you should also contact the police and report the incident.

Suspension of Account: We may suspend your ILIXIUM Account or otherwise restrict its functionality on reasonable grounds relating to the security of your account or any of its security features or if we reasonably suspect that any unauthorized or fraudulent use of your ILIXIUM Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

Protect Your Email Account: You must take all reasonable care to ensure that your e-mail account(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your ILIXIUM Account. Any incident of the e-mail addresses registered with your account being compromised should be reported to ILIXIUM without delay and also contact your e-mail service provider.

For your account security:

Choose a strong Pin or Password and change it regularly,
Ensure that the website you are using is genuine,
Do not store your login details in your browser,
Contact us if you notice something suspicious related to your account,
Protect your email account.

5. Closing Your Account

Term and How to Close Your Account.

The term of this Agreement is for a period of time when you successfully register for a ILIXIUM Account until this Agreement is terminated for whatever reason.

You may close your ILIXIUM Account and terminate this Agreement at any time by contacting Customer Services at ILIXIUM. However, if your ILIXIUM Account is an e-Money Service Account, you should withdraw your remaining balance before the time you request the closure of your account. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your funds.

You may not close your ILIXIUM Account to evade an investigation. If you attempt to close your ILIXIUM Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect ILIXIUM or a third party against the risk of Reversals.

Chargebacks, Claims, fees, fines, penalties and other liabilities of whatever nature. You will remain liable for all obligations related to your ILIXIUM Account even after the account is closed.

To close your ILIXIUM Account you should withdrawal your remaining balance before contacting our Customer Services.

Dormant Accounts:

If you do not access your ILIXIUM Account for a period of twenty four (24) months you may be charged an admin fee in accordance with the charges described on the ILIXIUM website. After a total of three (3) years without any activity or access to your ILIXIUM Account we may use the information you have provided us to try to send you any unredeemed e-Money funds in your account and close your account.

Your obligations with regards to keeping your ILIXIUM Account safe as set forth in section 4 shall continue to apply.

You may be charged an admin fee if you don’t access your account for a period of 24 months.

6. Uploading Funds into ILIXIUM Account

You can upload funds into your ILIXIUM Account by visiting our website, logging into your ILIXIUM Account and following the relevant upload instructions. In return for your successfully uploaded funds ILIXIUM will issue your ILIXIUM Account with electronic money (e-Money) to the value of your requested deposit. Applicable fees for the ILIXIUM Account upload will be charged on top of the value of your transaction.

Your e-Money will be issued to your ILIXIUM Account after the funds have been received by us. Some upload transactions, such as those by credit or debit card, direct debit or direct banking will be credited immediately, but may be subject to reversal prior to the actual funds reaching us within a reasonable time. In this case we will deduct such reversed transaction from the balance of your ILIXIUM Account. If your ILIXIUM Account then enters negative balance, we reserve the right to require an immediate payment from you to cover the negative balance.

When uploading funds through a payment method ILIXIUM are a Payment Recipient and not a Payment Service Provider.

When authorising a payment transaction to upload funds into your ILIXIUM Account, you may be asked to provide your PIN, password, answer security questions or to complete any other activities that we may reasonably require to ensure proper authentication that you are the account holder.

You may be presented with a number of different payment methods, depending on which payment instruments you have available to your ILIXIUM Account and which payment methods are available in your country of residence. These payment methods are provided by third party financial institutions and ILIXIUM provide no warranty for the use of any method used. ILIXIUM reserves to right to change, add or remove payment methods at any time without any requirement to notify you. We shall not be responsible for the upload payment until the uploaded funds are received into the ILIXIUM bank accounts.

For reasons of Anti-Money Laundering and fraud prevention you must not upload funds through a payment instrument which you are not the named holder of. We take any violation of this requirement very seriously and may treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act.

Uploads may be subject to upload limits due to security and legal requirements. These limits may be set due to your status of verification, and also the payment method being used. It is also possible that your upload limits may be higher than the withdrawal or spending limits. You can view these limits at any time in your ILIXIUM Account.

Uploads are subject to upload fees and currency conversion fees depending on which upload payment method is being used. Please see the ILIXIUM website for more information.

You can find instructions to upload funds to your ILIXIUM Account when you login. Note that upload fees might be applicable depending on which payment method is being used.

Chargebacks:

When uploading funds into you ILIXIUM Account using a payment method that may carry with it the rights to chargeback or refute a transaction (including but not limited to credit and debit cards and direct debit), you declare that you will not perform a chargeback for any reason other than unauthorized use of that payment method. Otherwise, you may not charge back any upload transaction or allow a chargeback of any upload transaction for reasons for which we are not responsible including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment instrument account. We reserve the right to charge you fees and expenses we incur in connection with such chargeback and any action undertaken to challenge the same. We may also charge you a chargeback admin fee of £20.

You agree that you won’t perform any chargeback except in case of an unauthorized transaction.

Negative Balance:

You must pay negative balances immediately by uploading sufficient funds into your ILIXIUM Account. Failure to do so is a breach of this User Agreement. We reserve the right, at any time, to send you reminders or to take other debt collection measures including but not limited to mandating a debt collection agency or legal representative or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection efforts. Reminders for negative balances will be charged at £5 each, failed payments which create a negative balance will be charged at £20 each, and the Debt Recovery Fee is charged at £20 per event.

You agree that you will pay negative balances immediately by uploading funds to your ILIXIUM Account.

7. Purchasing with ILIXIUM Account

In order to pay for goods and services using your ILIXIUM Account or Services you will need to enter your PIN prior to accessing your stored account balance and/or stored payment methods. Depending on the circumstance we may also ask you to provide additional security information or answer specific questions relating to you in order to confirm your identity as the account holder.

If your ILIXIUM Account is protected by additional security measures such as mobile authentication or security tokens, you will need to follow the instructions provided to you with such additional security measures.

Once the purchase is shown as successful the transaction becomes irreversible.

All purchases made with your ILIXIUM Account will be shown in your account.

Purchases can be made using the ILIXIUM Service with stored funds which are held already as balance in your ILIXIUM Account, these payments will be shown as “Payments” within the “Transaction History” of your ILIXIUM Account.

Purchases using the ILIXIUM Payment Service with corresponding merchants, when you do not have any stored balance in your account and you are paying using a payment method such as a debit/credit card, will be shown as a “Straight Through Purchase” in the “Transaction History” of your ILIXIUM Account.

Payments using your ILIXIUM Account are subject to payment limits due to security and legal requirements. These limits will be set based on your verification status which you can view in your ILIXIUM account.

You should ensure that your limits are sufficient to cover the payment you intend to make as well as any applicable fees including service fees and currency conversion fees.

In order to keep your account safe, we will ask you to enter your PIN before paying for any goods or services. We might request additional security information if needed.

8. Withdrawing Funds from ILIXIUM

Once logged into your ILIXIUM Account, you can request a withdrawal of all or part of your available balance, using your account, enter your desired amount and confirm the supported withdrawal payment method you would like to use to receive the funds (for example your bank account or debit card). We do not guarantee the availability or applicability of a withdrawal payment method and reserve the right to make changes at any time without any prior notice, provided that we always leave one method available to you to withdraw funds. Where the withdrawal payment is received by you through the involvement of a payment service provider (such as the bank where you hold a bank account), we shall not be responsible for the withdrawal payment once the withdrawn funds are received by your payment service provider. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.

If you have balance in multiple currencies within your ILIXIUM Account, you will be able to choose from those when you withdraw funds, but, unless otherwise agreed, the withdrawal will take place in the home currency of your account.

You can withdrawal all or part of your available balance at any time using your ILIXIUM Account.

Withdrawal limits.

Your ILIXIUM Account is subject to withdrawal limits, which may be adjusted based on level of verification we hold on you. You can view your withdrawal limits at any time once signed into ILIXIUM Account. If your withdrawal request exceeds the current limit, we may decline your request and instead require you to send us documents or information in order to verify your identity and address prior to allowing a withdrawal of funds which will allow us to reduce the risk of fraud or to otherwise comply with anti-money laundering or other legal obligations.

Withdrawals are subject to withdrawal fees and currency conversion fees depending on which withdrawal method and payment instrument is chosen. Please see the ILIXIUM website.

Your ILIXIUM Account is subjected to withdrawal limits and fees.

Withdrawals to you only.

You must only make withdrawals to a bank account or other payment instrument that you are the named holder of. Any violation of this requirement will be treated as a fraudulent act. Without prejudice to claiming further damages, if we are required to investigate a withdrawal to a payment instrument that is not in your name, we may charge an administration fee of up to £10.

You must ensure that the payment details you enter when withdrawing funds are correct and complete. We will not be liable for withdrawn funds being sent to the wrong payment instrument where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account number, sort code, IBAN and/or BIC/SWIFT are correct. If you have withdrawn funds from the wrong payment instrument, you may request that we assist you in reclaiming the funds, however, we may charge you an administration fee of up to £20 for doing so and we cannot guarantee that the reclaim efforts will be successful.

The payment method you select to receive your withdrawal must belong to you.

9. Account Balances

Balances and transaction information.

You may check your current e-Money balance and view your statement by logging into your ILIXIUM Account and viewing the “Transaction History”. All account loading, spending and withdrawals with corresponding fees incurred and any other amounts charged to your account in the relevant period will be shown in “Transaction History” of your ILIXIUM Account. ILIXIUM will ensure that the details of each transaction will be made available for you to view online for at least 24 months from when it is first made available.

The “Transaction History” will be updated after any activity on your account relating to the change of balance. The way in which we provide the transaction information will allow you to store and reproduce the information unchanged, for example by printing a copy.

Any change in balance including spending activity will be communicated to you via email and the relating information will be updated and made available to you at any time by logging into your ILIXIUM Account.

You do not need to maintain a Balance in your ILIXIUM Account in order to make payments. A Balance will be created whenever you use the ILIXIUM Service when you make either a payment with either a payment card or via your bank. If you hold a balance you will not receive interest or any other earnings on this Balance because the Balance represents e-Money and not a deposit.

You can check your balance by logging into your ILIXIUM Account. We will notify you by email every time your balance is changed.

Multiple Currency Accounts.

ILIXIUM may allow you to hold multiple currency sub-accounts within your ILIXIUM Account in order to transact in different currencies from your base currency.

If one of the currency balances in your sub-accounts shows that you owe us any amount of funds for any reason, ILIXIUM may set-off the amount you owe us by using funds you maintain in a different currency sub-account, using our standard foreign currency charges. ILIXIUM may also deduct amounts you owe from money you receive into your account, or money you attempt to withdraw.

You are responsible for all risks associated with maintaining balances in multiple currencies (including, without limitation, the risk that the value of these balances will fluctuate as exchange rates change, which over time may result in a significant decrease in the value of the balances).

You agree that you will not attempt to use multiple currencies for speculative trading.

We may allow you to hold multiple sub-accounts in order to transact in different currencies.

10. Fees

You may be charged a fee for actions relating to ILIXIUM Services, these fees are shown in our website. These fees may be changed at any time and you are recommended to check this area of the website regularly and print a copy of these fees together with a copy of this User Agreement. Fees are associated with actions relating to the use of ILIXIUM Services and you are able to see all charges incurred on your ILIXIUM Account by logging into your ILIXIUM account which will show the corresponding fee per transaction.

Foreign Currency Charges.

You may be charged for performing transactions which result in a foreign exchange from one currency to another, the charges may differ based on the two scenarios below:

Making a payment within a merchant website
Converting stored funds within your ILIXIUM account either to withdrawal or spend later

For every currency conversion, we will apply our then current wholesale exchange rate (these are the rate we are supplied by our foreign exchange partner) and our ILIXIUM handling fee which are both expressed as a percentage of the value of the exchange. You will be shown both the applicable wholesale exchange rate and also the ILIXIUM handling fee prior to completing any transaction which will incur a foreign currency charge.

For your reference the latest wholesale exchange rates and available once you are logged into your ILIXIUM account and can be viewed, these rates will change regularly throughout the day. The foreign exchange handling fees are shown in the Pricing section of our website.

Our fees may either be a fixed amount in GBP or expressed as a percentage of the value of the transaction. If fees are deducted from a balance or a transaction denominated in a different currency, the GBP fee amount will be converted into an equivalent fee in that other currency based on our wholesale exchange rate applicable at the time and available within your ILIXIUM Account and then deducted. We will not apply a ILIXIUM FX handling fee on currency conversions of fees.

Paying your Fees.

If your ILIXIUM Account balance is insufficient to cover the transaction fees, we may refuse to execute the payment.

Reversal or chargeback fees will be deducted when incurred. You hereby authorise us to deduct fees, payable by you, from your account balance.

If the deduction of fees results in a negative balance in your ILIXIUM Account, you will be required to repay such negative balance by uploading sufficient funds, failure to do so is a breach of this User Agreement. Repayment of the negative balance is due immediately without notice, however, we reserve the right at any time to send you reminders that you need to upload funds or to take other debt collection measures including but not limited to instructing a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you expenses we have reasonably incurred in connection with any debt collection or enforcement efforts.

You can check the fees applicable to your account and transactions on ILIXIUM website.

11.Restricted Use

With ILIXIUM Account and Services it is strictly forbidden to send or receive payments as consideration for the sale or supply of:

Firearms, Weapons and Knives
Pharmaceuticals or Nutraceuticals
Alcoholic Beverages and Tobacco
Adult Content
Illegal Drugs & Drug Paraphernalia
Unauthorized Copies (infringement of copyright)
Pyramid Selling and Multi-Level Marketing
Content Aggregators
Virtual Currency
Unregulated Insurance Firms
Real estate, including residential property;
Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats, except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards;
Businesses (when you buy or invest in a business);
Payments that are equivalent to cash, including stored value items such as gift cards and pre-paid cards;
Payments made in respect of gold (whether in physical form or in exchange-traded form);
Financial products or investments of any kind;
Donations, including payments on crowdfunding platforms as well as payments made on crowdlending platforms; and
Payments to a state-run body (except for state-owned enterprises), government agencies or third-parties acting on behalf of state-run bodies or government agencies.

It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal goods/services/activities and the above list is not exhaustive, it is therefore your responsibility to ensure that you do not use the ILIXIUM Services for transactions that may be considered illegal in your jurisdiction. It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.

Any attempts to use your ILIXIUM Account to launder money or if we suspect money laundering activity on your account will be reported to the relevant law authorities and result in the immediate suspension of your account pending further investigation.

If you are unsure about whether to use your ILIXIUM Account with a particular industry you are advised to check the ILIXIUM website. We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to this User Agreement or our acceptable use policy published on the Website.

You may not use ILIXIUM Services if you are residing in any country identified as a high risk jurisdiction. We may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice.

We reserve the right to suspend or terminate your ILIXIUM Account and Services at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.

If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, we reserve the right to:

reverse the transaction; and/or
close or suspend your account; and/or
report the transaction to the relevant law enforcement agency; and/or
claim damages from you; and charge you an administration fee of up to 200 GBP in case we apply any of the above.

It is your responsibility to ensure that your ILIXIUM Account is not used to make or receive payments from illegal activities or industries that we don’t support.

12. Errors & Unauthorised Transactions

Identifying Errors and/or Unauthorised Transactions.

You can inspect your transaction history at any time by logging in to your ILIXIUM Account, we strongly recommend that you monitor your ILIXIUM Account closely on a regular basis. You must notify us immediately

If you believe that there has been any unauthorized access to your ILIXIUM Account, unauthorized transactions sent from your account, your password/pin has been compromised, or any other error has occurred on your account. We will not seek to hold you liable for any unauthorised use of your ILIXIUM Account by any person provided that we are satisfied that you have not acted deliberately so as to enable any third person to gain access to your username and/or password/PIN. We will hold you liable for unauthorised use of your ILIXIUM Account if we have evidence that you acted deliberately so as to enable any third person to gain access to your account; you acted fraudulently; or if you have with intent or gross negligence failed to comply with your obligations to use your account in the manner set out in this Agreement.

Notifying us of Errors and Unauthorised Transactions.

You must notify Customer Services if you believe there has been or will be an error, unauthorised transaction, misappropriated or unauthorised use of your ILIXIUM Account, by email to support@ilixium.com, telephone us or write to us using the contact details shown on the ILIXIUM website. If you initially provide information to us via the telephone, we may require that you send your question in writing within ten Business Days after the phone contact. You must give us all the information available to you regarding the circumstance and evidence of the error or unauthorized transaction and take all reasonable steps requested to assist ILIXIUM in our investigation. We may provide third parties with information we consider relevant in such circumstances in accordance with our Privacy Policy.

Review of Reports of Errors.

We will advise you of the results of our investigation within 20 business days after we receive your notice. If we have made an error, we will correct it promptly. If we need more time, however, we may take up to 30 business days to investigate your complaint or question. If we decide that we need more time, we will provisionally re-credit your account for the amount you think is in error within 20 business days after we receive your notice; so that you will have use of the e-Money during the time it takes us to complete our investigation. If you initially provided information to us via the telephone and we do not receive your complaint or question in writing within 10 Business Days after your oral notice, we are not required to provisionally re-credit your Account.

At the end of our investigation, we will advise you of the results within three Business Days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit that we previously credited to you in relation to the alleged error. You may ask for copies of the documents that we used in our investigation.

Treating Unauthorised Transactions.

If your report an unauthorized transaction which following investigation by ILIXIUM has proven there is no evidence to suggest fraud or deliberate or gross negligence by you, ILIXIUM will credit you in full for all unauthorized transactions sent from your account, provided that you have informed us of the unauthorized transaction and account breach without delay. Where we believe in our reasonable opinion that further investigation is required to ascertain more clearly the circumstances surrounding the reported Improper Account Access, we will ask you to provide more detail in writing.

Errors.

If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, we will credit your Account for the difference. If the error results in you receiving more money than you were entitled to, we may debit the extra funds from your account.

If a payment was made to your ILIXIUM Account by way of mistake, ILIXIUM may correct the mistake by debiting or crediting (as the case may be) your account balance. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable to refund any amount as a result of carrying out a defective or non-executed payment transaction and for your losses or damages directly and reasonably foreseeably caused by this failure, unless:

through no fault of ours, you did not have enough available funds to complete the transaction,
our system was not working properly and you knew about the breakdown when you started the transaction, or
circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.

Notwithstanding any other term of this Agreement, ILIXIUM will not be held liable for the non-execution or defective execution of a payment transaction if you have failed to notify ILIXIUM of such an incorrectly executed payment transaction without undue delay, or in any event no later than within 13 months after the transaction date, on becoming aware of such incorrectly executed payment transaction.

If you notice suspicious activity or any sort of errors in your ILIXIUM Account you must contact us immediately by email to: support@ilixium.com or by phone. We will then proceed with our investigations and advise you of the results.

13. Your Data

The processing of your data is governed by our Privacy Policy which can be found on our Website. By accepting this User Agreement, you also agree to the terms of our Privacy Policy. You should print and keep a copy of the Privacy Policy together with this User Agreement.

You are subject to our Privacy Policy that can be found on our website.

14. Your Liability

If we have reason to believe that you have engaged in any Restricted Use as per Clause 11 of this Agreement, we may take various actions to protect ILIXIUM, our employees, partners and associated third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

We may, at any time and without liability, suspend, block, limit, close or cancel your right to use a particular payment method or your ILIXIUM Account and Services entirely or for any particular transaction, which may in turn suspend, block, limit, close or cancel access to your ILIXIUM Account. We will normally give you advance notice of any suspension or cancellation but we may, if it is reasonable to do so (for example if you are in breach of this Agreement or we consider it advisable for security reasons), suspend or cancel your right to use your payment method or account without prior notice to you;
Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law;
We may reverse a payment (including, if appropriate, to the sender’s Funding Source), that violates our Acceptance Policy
We may contact third parties and disclose details of the Restricted Activities in the manner set out in our Privacy Policy;
We may request information from you or otherwise update inaccurate Information you provided us;
We may refuse to provide ILIXIUM Services to you in the future;
We may hold your funds to the extent and for so long as reasonably needed to protect against the risk of liability.
We may take legal action against you. Unless otherwise directed by us, you must not use or attempt to use your ILIXIUM Account while it is suspended or has been closed. You must ensure that all agreements with merchants or other third parties that involve third party initiated payments (including, Recurring Payments) set up from your ILIXIUM Account are cancelled immediately upon the termination, suspension or closure of your ILIXIUM Account. You remain liable under this Agreement in respect of all charges and other amounts incurred through the use of your ILIXIUM Account at any time, irrespective of termination, suspension or closure.
Unapproved Reversals, Chargebacks and Claims and any other penalties incurred by ILIXIUM may be reimbursable by you to ILIXIUM.

If we have reason to believe that you have engaged in any illegal activities or industries that we don’t support, we may take various actions to protect ILIXIUM.

15. Our Liability

We provide the all our ILIXIUM Services to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this Agreement. ILIXIUM does not have any control over the products or services that are paid for using the ILIXIUM Services and we cannot ensure that a merchant you are dealing with will actually complete the transaction or is authorised to do so.

You acknowledge your access to the website(s) may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

We make every effort to ensure that the information contained in our correspondence, reports, on the website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.

We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to any circumstances beyond our reasonable control or the control of the intermediary affected.

No warranty is given save for a warranty that ILIXIUM will provide the services subject only to your statutory rights.

We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

Our obligation under this User Agreement is limited to providing you with a payment service or electronic money account and related payment services and does not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a ILIXIUM customer or client.

We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another ILIXIUM customer or client.

Indemnification/re-imbursement. You agree to defend, reimburse or compensate us and hold us and our other companies in our corporate group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents’ breach of this User Agreement, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.

We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.

In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:

any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or
any loss or corruption of data; or
any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or
any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, for death or personal injury resulting from either our or our subcontractor’s negligence or to the extent such limitation or exclusion is not permitted by applicable law.

License grant.

If you are using ILIXIUM software such as an API, reporting system, software developer’s toolkit or other software application that you have downloaded to your computer, device, or other platform then ILIXIUM and its licensors grant you a limited nonexclusive license to use the software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all documentation, together with any instructions provided by us from time to time accompanying the ILIXIUM Services (including, without limitation, any implementation and use requirements we impose on you to comply with applicable laws and card scheme rules and regulations).

If you do not comply with ILIXIUM’s instructions, implementation and use requirements you will be liable for all resulting damages suffered by you, ILIXIUM and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to ILIXIUM’s software are owned by ILIXIUM. Any third party software application you use on our website is subject to the license you agreed to with the third party that provides you with this software.

Our liability to you.

16. Termination & Suspension of Services

You may terminate your ILIXIUM Account at any time. ILIXIUM may terminate your ILIXIUM Account or any ILIXIUM service associated with it by giving you two (2) month’s prior notice. In the event of ILIXIUM terminating your ILIXIUM Account you will be given reasonable instructions on how to withdraw your remaining funds.

We may at any time suspend or terminate your ILIXIUM Account without notice in case:

We have reason to believe that you are in any way involved in any fraudulent activity, money laundering, or other criminal activity
you breach any condition of this User Agreement or any other condition applicable to specific services covered by separate terms and conditions;
you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services; or

We may suspend your ILIXIUM Account at any time if we reasonably suspect:

that your account has been compromised and is being accessed by someone other that you
any other security breach related to your account; or
your account has been or is being used without your authorisation or fraudulently;

we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.

If we close your ILIXIUM Account, we will provide you with notice of ILIXIUM Account closure and where practicable, the reasons for closing your ILIXIUM Account, together with the ability to withdraw any undisputed funds that we are holding.

If we suspect that your ILIXIUM Account has been accessed without your authorisation, we may also suspend, or limit, your access to your ILIXIUM Account or the ILIXIUM Services (such as limiting access to any of your Funding Sources, and your ability to send money, make withdrawals, or remove financial Information). If we otherwise limit access to your Account, we will provide you with notice and opportunity to request restoration of access if appropriate.

Your ILIXIUM Account can be terminated by you at any time or by ILIXIUM. Depending on the reasons that make us suspend or terminate your ILIXIUM Account, we might give you prior notice. We will always notify you in case your ILIXIUM Account is closed.

17. Changes to this Agreement

This User Agreement and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.

ILIXIUM shall give notice to you of any proposed change by sending an e-mail to the primary e-mail address registered with your account.

The proposed change shall come into effect two (2) months after the date of the change notice, unless you have given us notice that you object to the proposed changes before the changes come into effect.

If you object to the changes, they will not apply to you, however, any such objection shall constitute a notice by you to terminate and close your ILIXIUM Account, in accordance with the provisions of section 5 above.

Changes that make this User Agreement more advantageous to you shall come into effect immediately if noted in the communication.

Changes to exchange rates will always come into effect immediately without notice and you shall not have the right to object to such a change.

This policy may be changed, however any major changes will be notified to your in email.

18. Communication from ILIXIUM (ILIXIUM)

Our primary method of communication with you will be via email (using the primary email address registered with your ILIXIUM Account), however we may use telephone or by post using the registered details in your account. You are required to check your email account regularly, any communication sent via email will be deemed as delivered on a particular day if it is received by your inbox prior to 17:30 (UK Time) of that day, any time after that will be deemed received on the following day.

You may also receive system-generated transactional emails such as confirmation of fund uploads, notification of receipt of payments, notification of password changes etc. which are necessary for the proper operation and administration of your account.

In order to view emails you need a computer with e-mails software that can display e-mails in HTML format. We may also send you attachments in Portable Document Format (PDF) which may require you to have the appropriate software in order to open and read these attachments.

ILIXIUM will never send you emails with executable files attached or links to executable files, if you should receive any emails (falsely claiming to be from ILIXIUM) with such attachments please delete the email and do not open the file. ILIXIUM representatives will never ask you for your pin or password, so any email or other communication requesting your pin or password should be treated as unauthorized and suspicious and forwarded to privacy@ilixium.com. If you do share your ILIXIUM pin or password with a third party for any reason, including because the third party has promised to provide you additional services, the third party will have access to your ILIXIUM Account and your personal information, and you may be responsible for action taken using your pin or password.

Where it is legally required for us to provide you information to you on a durable medium, we will either send you an e-mail (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. You are required to keep copies of all communications we send or make available to you. You can request a copy of the current User Agreement or any other contractual document relevant to you by contacting Customer Service on support@ilixium.com

We will communicate to you in English and will always accept communications made to us in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language.

You may contact us at any time by sending a message to ILIXIUM Customer Service via the Contact Us component on our website.

We will only notify you of important actions that have occurred on your ILIXIUM Account.

19. Complaints

General.

Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgement by post or by e-mail within 5 days of receiving your complaint in accordance with our complaints procedure. You may request a copy of our complaints procedure at any time by contacting ILIXIUM Customer Service.

We endeavour to provide you with an answer or resolution to your complaint within the timeframes as outlined by the Financial Ombudsman Service. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.

If your complaint is not resolved to your satisfaction, you may contact the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR, United Kingdom. For additional contact details you may visit the website at www.financial-ombudsman.org.uk.

Please make it clear you are making a complaint, we will respond in 5 days. You can take your complaint to the Financial Ombudsman Service if you are not satisfied.