ESR Wallet User General Terms & Conditions

 

By applying for a ESR Wallet, you acknowledge reading the User General Terms & Conditions, and hereby accept these terms of this agreement (“Agreement”) with no restrictions. The information provided on this website provides a general summary of all services offered by ESR International Limited. Some of these services are not available internationally in all countries, (such as money transfer or bill payment which are only available in certain countries). 
These General Terms & Conditions also apply to any ESR Wallet Direct Payroll Services if eligible.

Notice to US Residents: Your ESR Wallet will be issued by First Financial Credit Union & Trust (“FFCUT”), a Delaware Statutory Trust.

 

Participation in ESR Wallet Direct Payroll Services



In order to participate in ESR Wallet Direct Payroll Services Direct Deposit program, you must fill out the required form on this website. Registration in the program provides ESR Wallet Direct Payroll Services with the critical information needed to make direct deposits to your ESR Wallet Mobile Wallet. Accordingly, if you issue an instruction to us in which the employer’s name is incorrect, we are not responsible for such errors and you understand that your payroll will not be timely processed. If you issue an instruction to us in which you identify a name and a social security number, which is for a different person that your employer has on file, you understand that we may rely on your instruction as the proper designation and you agree to hold us harmless. Accordingly, you agree to compensate us for any loss and expense incurred by us as a result of such reliance on such number in executing or attempting to execute your direct deposit. When your instructions for direct deposit are received, we will implement the direct deposit process by generating a “Direct Deposit Instruction Form” which you agree to provide to your employer and to instruct your employer to either fax the form back to us or email it at payroll@esrwallet.com at least ten (10) business days prior to the first transmission of an actual deposit.

 

1. Introduction 
Before you become a member or have any use of the ESR Wallet mobile wallet, you must read, agree to, and accept all of the terms and conditions contained in this Agreement as well as the Privacy Policy, which includes terms and conditions expressly set out below and those incorporated by reference. 
1.1 In this Agreement, “ESR Wallet,” “we,” “us,” and/or “our” means ESR International Limited, “you,” “your,” “ESR Wallet Mobile Wallet User” or “ESR Wallet User” means any person or entity (“Users”) using a service that enables the right to use the ESR Wallet Platform via a ESR Mobile Wallet (the "Service"). Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" also include Visa and MasterCard-branded debit cards.

1.2 The ESR Wallet User acknowledges that ESR Wallet is not a bank and the ESR Wallet computer platform is an Electronic Data Interchange (“EDI”), Electronic Warehouse Exchange (“EWE”) that connects to a network of third party payment processing service providers and Money Service Businesses rather than a banking service. By initiating and sending payments through the service or adding funds to your balance. Through the Website, you may provide instructions to subtract the funds or move the funds to a third party, in each case it is subject to the terms and restrictions of this Agreement.

 

2. Agreement

The ESR Wallet User's use of the Services will not in any respect modify any of the terms, conditions, or restrictions contained in the license agreement or other agreements by which the ESR Wallet User initially acquired rights to use the product or Service. The use of ESR Wallet products and services shall in each and every instance remain subject to the terms, conditions, and restrictions contained in the Service Agreement. ESR Wallet acts as a facilitator for ESR Mobile Wallet Users and other authorized third-party Users. We act as the User’s agent based upon the ESR Wallet User’s requests to use our products or services that require us to perform tasks on their behalf.


3. Eligibility 
To use the Service you must have a GSM or CDMA Mobile service (your own Mobile cell provider) and register for a ESR mobile wallet directly on esrwallet.com. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Our Service is not available to persons who are suspended from our Service, or to persons who present an unacceptable level of fraud, regulatory or credit risk.
3.1 The Legal Relationship between You and ESR Wallet.
3.1 (a) Agency Relationship. ESR Wallet acts as a facilitator to help you accept payments from, and make payments to third parties. We act as your agent based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. At all times, ESR Wallet will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) ESR Wallet is not a bank and the Service is a payment processing service rather than a banking service, and (ii) ESR Wallet is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. You are not required to keep funds in the ESR Wallet system (i.e., carry a balance in your ESR Wallet) to use the Service. If you do carry a balance in your ESR Wallet, ESR Wallet will pool your funds together with funds from other Users (« Pooled ESR Wallet »). Those funds shall be held with an Official Registered Banking institution (The Bank) in a non-interest bearing account. By initiating and sending payments through the Service or adding funds to your balance, you appoint ESR Wallet as your agent to obtain the funds on your behalf and to move the funds to the recipient that you designate or to the Pooled Account, subject to the terms and restrictions of this Agreement. ESR Wallet will obtain the funds first by debiting your funds from the Pooled ESR Wallet. If your availability within the shared resource ESR Wallet Service Platform is not sufficient to fund the requested payment in full, ESR Wallet will not process your request, or any portion thereof. By receiving payments through the Service, you appoint ESR Wallet as your agent to cause the funds to be deposited on your behalf in the Pooled ESR Wallet until you give ESR Wallet further instructions about the transmission of your funds. Via SMS instructions from your mobile phone to us, or through the ESR Wallet website or other means as ESR Wallet makes available from time to time, you may provide instructions to withdraw the funds or move the funds to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through ESR Wallet but you have not registered for the Service, ESR Wallet will not become your agent and you will have no claim to those funds unless and until you register for the Service. By registering for the Service, you indicate your acceptance of the payment.

3.2.  ESR Wallet is only a Payment Service Provider. ESR Wallet acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet and accessible via a mobile phone. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.


4. Identity Authentication 
We use many techniques to identify our users when they register on our website. Verification of users is only an indication of increased likelihood that a user's identity is correct. You authorize ESR Wallet, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, ESR Wallet makes a good faith effort to validate its customer’s identity.  In the event that ESR Wallet does not gain a reasonable assurance of a customer’s identity, the wallet account may be denied.

 

5. Mobile Wallet Information Policies

Use of the ESR Wallet computer processing platform, products or services make each and every User responsible and liable of maintaining updated and complete contact information in the User’s profile at all times. Any Wallet found at anytime not to have such information in the profile of the Wallet will have the  Wallet suspended and all funds frozen for a period of one hundred and eighty (180) days to protect against any future chargebacks or fraud. 

6. Release 
If you have a dispute with one or more users, you release ESR Wallet (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.


7. No Warranty.
WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESSED, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ESR Wallet shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank ESR Wallet, and credit or debit cards or other funds moves are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control, such as delays in the banking system mobile telephone networks or internet. The ESR Wallet User assumes all the risks associated with the results and performance of the product and services. ESR Wallet is not liable to any ESR Wallet User for any consequential or incidental damages arising from the breach of any payments or contracts, the failure of delivery, delay in delivery, delivery in nonconforming condition, the use of the service and/or the product or for any other breach of contract or duty between ESR Wallet and the ESR Wallet User. ESR Wallet has no obligation to provide the services available on its platform and has no liability to the ESR Wallet User in the event ESR Wallet is unable to provide such services. ESR Wallet has sole discretion to determine the processes of how to make payments and to change such methods of payment or operations as it sees fit. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state or country to country.


8. Limitation of Liability
IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARE ZERO PERCENT (0%). IN JURISDICTIONS WHERE IT IS NOT LEGAL TO PLACE A LIMIT ON LIABILITY, OUR LIABILITY WILL NOT EXCEED THE ACTUAL AMOUNT OF DIRECT DAMAGES.
8.1 Indemnification. You agree to indemnify and hold ESR Wallet, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

8.2 Purchase Advisory. ESR Wallet assumes no responsibility for any and all purchases made through the ESR Wallet system. Anytime ESR Wallet Users make a purchase of a product or service they are doing so at their own risk. By signing up and joining ESR Wallet, all Users hereby agree in full that ESR Wallet and all its subsidiaries, officers, directors, employees, owners, agents and affiliates, are released from any liability of losses Users may incur when using this service. Users completely indemnify ESR Wallet and waive all their rights to file in the past, present or future, any legal action of any type against ESR Wallet, its owners, officers, employees and affiliates and agree that neither ESR Wallet, its officers, directors, employees, owners, agents or affiliates will not be named by any User or any other person, law firm, lawyer, former lawyer, that represents a User or user in any legal actions past, present, or future or any other actions of any sort IN ANY APPROPRIATE COURT IN ANY COUNTRY. You, the ESR Wallet User or anyone that represents you shall NEVER in any case seek monetary reimbursement from ESR Wallet in any shape form or fashion, in ANY capacity due to our processing of payments for any of the merchants or companies using the ESR Wallet system. ESR Wallet is only a payment processor. ESR Wallet has no control over any affiliate’s daily business operations. ESR Wallet does not and will not issue refunds for any purchases made using ESR Wallet. Users must contact the merchant or the company providing the service or product purchased using ESR Wallet. Knowingly and intentionally denying any credit or debit card transaction, bank wire or direct bank move used to fund with a ESR Wallet with a User’s specific authorization constitutes fraud and violates the laws governing this contract. Any such action will be prosecuted to the maximum extent allowable.
8.3 Liability for Violations of the Unacceptable Use Policy. If you engage in the following behavior, ESR Wallet may fine you, as explained below.
8.4 Unacceptable Use Policy

- Using the ESR Wallet service to receive and make payments for any sexually oriented or obscene materials or services. 

- Using the ESR Wallet service to receive and make payments for any narcotics, other controlled substances, steroids or prescription drugs.

- Using the ESR Wallet service to receive and make payments for illegal wagers, illegal gambling debts or illegal gambling winnings, regardless of the location.

- Using the ESR Wallet system to harass other users.

- Using the ESR Wallet service to launder money.

- Any act of terrorism, violence or harm.

You and ESR Wallet agree that the damages that ESR Wallet will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then ESR Wallet may fine you $1,000 (One Thousand U.S. Dollars) and/or ESR Wallet may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that $1,000 (One Thousand U.S. Dollars) is presently a reasonable minimum estimate of ESR Wallet’s damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to ESR Wallet that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult to be produced. You agree that ESR Wallet is entitled to deduct such fines directly from any existing balance in the offending ESR Wallet, or any other ESR Wallet owned by you. If you use the ESR Wallet service in a manner that violates the Acceptable Use Policy, including but not limited to the five categories described above, your ESR Wallet will be subject to limitation or immediate termination.
You further understand that, if you use the ESR Wallet service in a manner that violates the Acceptable Use Policy, including but not limited to the six categories described above, ESR Wallet may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By selling goods or services (including access to content) in contravention of the Acceptable Use Policy or the Restricted Activities section of this User Agreement (currently Section 10.2), you acknowledge liability to ESR Wallet for any and all damages suffered by ESR Wallet. Without limiting the foregoing, you agree to reimburse ESR Wallet for any and all costs, expenses, and fines levied on ESR Wallet by its payment processors and/or service providers as a result of your activities.
You agree that, if either you or ESR Wallet commences litigation or arbitration in connection with this paragraph, the party that succeeds is entitled to recover reasonable legal fees and any other costs incurred in such a proceeding in addition to any other relief to which the prevailing party may be entitled.

 

9. Unacceptable Merchant Websites

ESR Wallet does NOT accept pharmaceutical, tobacco, firearms, illegal gambling and lottery or casino businesses and pyramid organization or affiliation business.

 

10. Fraud

ESR Wallet Users shall not use the products or services in connection with any illegal or fraudulent business activities under any laws or regulations of any applicable jurisdiction.

 

11. Anti-Money Laundering Policy (“AML”)

ESR Wallet fully participates and abides by all government regulated anti-money laundering policies Users wishing to use certain features of their Wallet will be required to verify their identity via government-issued picture identification or other appropriate documentation as required in the profile identification area. All submitted documentation is held in the strictest confidence. However, in cases of intentional abuse, any User participating, abetting or assisting in fraudulent and/or attempted fraudulent activities relinquishes any and all rights to privacy of personal information. ESR Wallet reserves the right to terminate a relationship at any time for cause or no cause.

 

12. Fees. 
All user fees are set forth in the Fee Schedule in the ESR Wallet. Your ESR Wallet and all transactions are made and displayed in US Dollars or in EUROs currency.


13. Receiving Payments
13.1 Credit Card / Debit Card Deposit. By accepting a credit card or Visa Debit Card Deposit, you agree that you are responsible for the payment if it is reversed. If such reversal occurs on a credit card-funded deposit made to your ESR Wallet, we will reverse the payment and debit your ESR Wallet balance to pay for the reversal. If there are insufficient funds in your ESR Wallet balance, you agree to reimburse ESR Wallet through other means, immediately, with same-day value funds
13.2 Moves from another user. If another ESR Wallet user moves funds from their ESR Wallet to yours, those funds are subject to reversal terms of 8.1 if the original funds came from a Credit Card / Debit Card deposit.


14. Sending Payments and PIN security
14.1 Sending Payments. If you send funds to a registered mobile phone, and the user is not registered with ESR Wallet, we will phone the user and invite them to register. If they do not register within a reasonable time period, we will move the funds back to you, less a processing fee.

14.2 Cash Deposit. The daily threshold for cash deposits is $900.00.
14.2 To validate your ESR Wallet, ESR Wallet will phone you and at random. If the mobile phone you registered when setting up the ESR Wallet is not available to receive this call, your ESR Wallet may be closed.
14.3 Refused Payments. When you send a payment to a third party through our Service, the recipient is not required to accept the payment, even if the recipient is already registered with ESR Wallet. The recipient is free to return payments or, in some cases, to use the ESR Wallet systems to refuse payments that you have sent. Any payments sent through ESR Wallet that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the first working day after the date of such denial, or (b) 30 days after the date the payment is sent.
14.4 It is your responsibility to keep your ESR Wallet 6 digits secure code secure. This includes but is not limited to your requirement to delete any reference to the PIN, which may save to your phone memory after a transaction.
14.5 Withdrawals. You can withdraw funds by direct deposit to the bank you have on file with us there is a withdrawal limit of $2,500 (Two Thousand and Five Hundred U.S. Dollars) per day. 
14.6 Loss and illegal use of your Mobile Phone. If you lose your mobile phone, or if it is stolen, you must inform the ESR Wallet call center as soon as possible to advise us of the loss. The ESR Wallet operator will provide you a reference number.


15 Your Information and *Restricted Activities*
15.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, shops or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.
15.2 Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our Service shall not:

(a) be false, inaccurate or misleading,

(b) be fraudulent or involve the sale of counterfeit or stolen items,

(c) consist of providing yourself a cash advance from your credit card (or helping others to do so),

(d) be related in any way to illegal gambling and/or illegal gaming activities, including but not limited to payment or the acceptance of payments for illegal wagers, gambling debts or illegal gambling winnings, regardless of the location of gambling activity (including illegal online and offline casinos, illegal sports wagering and illegal office pools),

(e) violate ESR Wallet's Acceptable Use Policy,

(f) infringe any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy,

(g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising),

(h) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing,

(i) be obscene or contain child pornography,

(j) contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information.

(k) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

(l) perpetuate acts of terrorism violence or harm to another.

If you use, or attempt to use, the Service for purposes other than sending and receiving payments and managing your ESR Wallet, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your ESR Wallet will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

15.3 License. Solely to enable ESR Wallet to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. ESR Wallet will use and protect Your Information in accordance with our Privacy Policy.


16. Privacy and Security
We do not sell or rent your personal information to third parties. We only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your ESR Wallet on a page which begins with 
https://www.esrwallet.com. Do not use any other site that does not begin with that Web address! We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.esrwallet.com. If you object to your information being used in alignment with this policy, please do not use our Services.


17. Termination or Closing Your ESR Wallet.
17.1 How to Close Your Account. You can close your ESR Wallet at any time by calling ESR Wallet Customer Service. When a ESR Wallet closes, any pending transactions will be cancelled. Any funds that we are holding for you at the time of closure, less any applicable fees, will be paid to you as per your instructions, within thirty (30) days, assuming all withdrawal-related authentication requirements have been fulfilled. You cannot use closure of your ESR Wallet as a means of evading investigation: if an investigation is pending at the time you close your ESR Wallet, ESR Wallet may continue to hold your funds for up to one hundred and eighty (180) days as appropriate to protect ESR Wallet against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, ESR Wallet will release those funds to you. You will remain liable for all obligations related to your ESR Wallet even after such ESR Wallet is closed.

17.2 Limitations on Closing Your Account. Reports of unauthorized or unusual credit card use associated with the Wallet including, but not limited to, notice by the card-issuing bank. This includes:

notices made by ESR Wallet Users to their respective credit card / debit card issuing company that a transaction was unauthorized or that the Wallet was compromised, and is done in order to protect the ESR Wallet User from further unauthorized use of their card;

Reports of unauthorized or unusual usage associated with the bank Wallet;

The Wallet has been used in or to facilitate fraudulent activity;

Violations of this ESR Wallet Terms and Conditions;

Submitting modified and/or forged verification documents; or

Any breach hereof.

ESR Wallet will use reasonable efforts to investigate ESR Wallet that are subject to Wallet access limitations and promptly reach a final decision on the limitations. If the ESR Wallet is restricted, all funds will be held for a period of time until the issue can is resolved. However, depending on the reason of restriction, it may be held for a lesser period, which will be determined at the discretion of the Wallet Specialist. By following the ESR Wallet Terms and Conditions, the ESR Wallet User can help protect his/her Wallet access from being limited.

THIRD PARTY ACTIVITIES: BY ACCEPTING BELOW AND USING THIS SERVICE, I UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ESR INTERNATIONAL LIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND OWNERS, (COLLECTIVELY "ESR WALLET»), ALONG WITH ITS AGENTS AND AFFILIATES ARE NOT LIABLE FOR AND OTHERWISE RELEASE THEM FROM ANY LIABILITY RELATED TO ACTIONS OR INACTIONS OF THE MERCHANT, ANY BANK OR THIRD PARTY THAT RESULTS IN THE LOSS, LACK OF PAYMENT, INSUFFICIENT FUNDS, SUSPENSION OR ANY OTHER UNAVAILABILITY OF MONIES DUE TO ME OR OTHERWISE DESIGNATED FOR MY BENEFIT. I AGREE TO HOLD ONLY THE MERCHANT LIABLE FOR ANY SUCH LOSS, LACK OF PAYMENT, INSUFFICIENT FUNDS, SUSPENSION OR ANY OTHER UNAVAILABILITY. I UNDERSTAND THAT ESR WALLET IS PROVIDING THE SERVICES AND TECHNOLOGY, AND NOT THE MONIES OR LIABILITY DUE TO ME OR OTHERWISE FOR MY BENEFIT.

17.3 Death of Account Owner. Only the account owner can close their account, unless the owner is deceased. To close the account of someone who died, the estate executor needs to fax the following to 1(916) 765-2217:

A cover sheet that states the account holder is deceased and the executor wants to close the ESR Wallet;

A copy of the death certificate for the account holder;

A copy of the deceased account holder’s will or legal documentation that provides the information regarding the executor; and

A copy of a photo ID of the executor.

The documentation will be reviewed, and if approved, the account will be closed. If there are funds in the account, a check will be issued in the account holder’s name.

18. Error Resolution Procedures

18.1 The term error includes:

An unauthorized electronic fund transfer (“EFT”);

An incorrect EFT to or from a ESR Wallet User’s account;

An omission of an EFT from a ESR Wallet User’s periodic statement;

A computational or bookkeeping error by us for an EFT;

A ESR Wallet User’s receipt of an incorrect amount of money from an electronic terminal (including but not limited to ATMs, point-of-sale terminals and cash-dispensing machines);

An EFT that was not identified in accordance with 12 C.F.R. §1005.9 or §1005.10(a);

The ESR Wallet User’s request for documentation required by §1005.9 or §1005.10(a) or for additional information or clarification concerning an electronic fund transfer, including a request the Wallet User makes to determine whether one of the errors listed above actually exists.

 

The term error does not include:

A routine inquiry about the ESR Wallet User’s account balance;

A requires for information for tax or other recordkeeping purposes; or

A request for duplicate copies of documentation.

18.2-Notice of Error from User. ESR Wallet must comply with §1005.11 error resolution procedures with respect to any notice of an error from the ESR Wallet User that:

Is received ESR Wallet no later than 60 days after transmitting the periodic statement on which the error is reflected;

Enables ESR Wallet to identify the Wallet User’s name and account number;

Indicates why the Wallet User believes an error exists; and

Includes, to the extent possible, the type, date and amount of the error.

 

ESR Wallet User’s can provide either written or oral notice. If a Wallet User provides oral notice, ESR Wallet may require the User to provide written confirmation of the error within 10 business days after oral notice.

18.3 – Investigation Periods.

 

(a) 10 Business Days After Notice. Unless permitted a longer time period to investigate, ESR Wallet has 10 business days after receiving notice from the consumer to investigate if an error occurred.

 

(b) 45 Calendar Days After Notice. If ESR Wallet is unable to complete its investigation within 10 business days, it may extend the period to 45 calendar days from the receipt of noticed provided ESR Wallet:

Provisionally credits the Wallet User’s Account for the full amount of the alleged error plus interest, if any. However, ESR Wallet may withhold a maximum of $50 of the amount credited if ESR Wallet has a “reasonable basis” for believing an unauthorized EFT occurred and complies with the limitation on liability rules in §1005.6(a);

Informs the Wallet User of the amount and date of the provisional crediting within two business days of the crediting; and

Allows the User full use of the provisional funds during the investigation.

 

Extension of Time Periods. The applicable time is 20 business days instead of 10 days under paragraph (a) if the notice of error involves an EFT to or from the User’s account within 30 days after the first deposit into the User’s Wallet was made. The applicable time is 90 days in place of 45 days under paragraph (b) for completing an investigation, if a notice of error involves an EFT that:

Was not initiated within a state;

Resulted from a point-of-sale debit card transaction; or

Occurred within 30 days after the first deposit into the User’s Wallet was made.

 

Investigation. With the exception of transfers covered by §1005.14, ESR Wallet’s review of its own records regarding an alleged error satisfies the requirements of this section if:

The alleged error concerns a transfer to or from a third party; and

There is no agreement between ESR Wallet and the third party for the type of EFT involved.

 

18.4. Procedures if ESR Wallet determines no error or different error occurred. In addition to following procedures specified in paragraph 18.3 of this section, ESR Wallet shall follow the procedures set forth in this paragraph if it determines that no error occurred or that an error occurred in a manner or amount different from that described by the consumer:

Written Explanation: ESR Wallet’s report of the results of its investigation shall include a written explanation of the findings and shall note the Wallet User’s right to request the documents that ESR Wallet relied on in making its determination. Upon request, ESR Wallet shall promptly provide copies of the documents.

Debiting Provisional Credit: Upon debiting a provisionally credited amount, ESR Wallet shall:

Notify the Wallet User of the date and amount of the debiting;

Notify the Wallet User that ESR Wallet will honor checks, drafts or similar instruments payable to third parties and preauthorized transfers from the Wallet User’s account (without charge to the Wallet user as a result of an overdraft) for five business days after the notification. ESR Wallet shall honr items as specified in the notice, but need honor only items that it would have paid if the provisionally credited funds had not been debited.

 

19. Remedies and Rights of ESR Wallet to Collect From You
Without limiting any other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your ESR Wallet, limit funding sources and payments, limit access to an ESR Wallet and any or all of the ESR Wallet's functions (including but not limited to the ability to send money or making withdrawals from an the ESR Wallet), limit withdrawals, indefinitely suspend or close your ESR Wallet and refuse to provide our Services to you if:

(a) you breach this Agreement or the documents it incorporates by reference,

(b) we are unable to verify or authenticate any information you provide to us,

(c) we believe that your ESR Wallet or activities pose a significant credit or fraud risk to us,

(d) we believe that your actions may cause financial loss or legal liability for you, our users or us or

(e) your use of your ESR Wallet is deemed by ESR Wallet to constitute an abuse of the credit card system or a violation of credit card rules, including (without limitation), using the ESR Wallet system to test credit card behaviors. Even if they have been recorded as completed in the Recent Activity or History Transaction Log of yourESR Wallet, transactions are not considered completed until the funds have been charged to the customer's funding source (for payments) or posted to the customer's bank ESR Wallet (for withdrawals). In addition, ESR Wallet reserves the right to hold funds beyond the normal distribution periods for transactions it considers suspicious or for ESR Wallet conducting high transaction volumes to ensure integrity of the funds. If we close your ESR Wallet, we will provide you notice and pay you all of the unrestricted funds held in your ESR Wallet. Additionally, to secure your performance of this Agreement, you grant to ESR Wallet a lien on and security interest in your ESR Wallet. In addition, you acknowledge that ESR Wallet may offset against any ESR Wallets you own for any obligation you owe ESR Wallet at any time and for any reason allowed by law. These obligations include both secured and unsecured debts, and debts you owe individually or together with someone else. ESR Wallet may consider this Agreement as your consent to ESR Wallet asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to, and apart from, any other rights.


20. Assignment of
ESR Wallet Rights and Obligations
You cannot move any rights or obligations you may have under this Agreement without the prior written consent of ESR Wallet. ESR Wallet reserves the right to move this Agreement or any right or obligation under this Agreement without your consent. In the event that a ESR Wallet User stops payment on a check, reverses a bank credit or wire transfer previously scheduled into your ESR Wallet, the ESR Wallet User will be charged a minimum of Twenty-Five Dollars ($25.00) USD or its equivalent in the designated local currency.


21. Legal Compliance
You shall comply with all applicable US, PR, UK, Australian and other international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.


22. Notices
22.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by you" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your ESR Wallet and/or your use of the Service ("Communication(s)"), may be provided to you electronically and you agree to receive all Communications from ESR Wallet in electronic form. Electronic Communications may be posted on the pages within the ESR Wallet website and/or delivered to your email address. You can print a copy of any Communication and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) working days after posting or dissemination, whether or not you have received or retrieved the Communication. ESR Wallet reserves the right to provide Communications in paper format, but assumes no obligation to do so.
22.2 Credit Report. You agree that ESR Wallet can order and review your credit report with the sole purpose of assessing your fitness to hold a ESR Wallet and/or your ability to use the Service or features thereof.
22.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to ESR International Limited at Address: 13/1 Line Wall Road, Gibraltar GX11 1AA, Gibraltar, in the case of ESR Wallet, or to our online message center or the email address you provided to ESR Wallet during the registration process (in your case). Notice shall be deemed as given twenty four (24) hours after response or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to ESR Wallet during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.


23. Legal Disputes
If a dispute arises between you and ESR Wallet, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ESR Wallet agree that any controversy or claim at law or equity that arises out of this Agreement or ESR Wallet's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by you and ESR Wallet. Before resorting to these alternatives, ESR Wallet strongly encourages users first to contact ESR Wallet directly to seek a resolution. ESR Wallet will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

23.1  DISPUTE RESOLUTION BY ARBITRATION  
Binding Arbitration: If you and/or ESR Wallet have a dispute with ESR Wallet that is not resolved informally, you and ESR Wallet agree that upon demand by either you or ESR Wallet, the dispute will be resolved through an alternative dispute resolution process using binding arbitration. A “dispute” includes: Any unresolved disagreement between you and ESR Wallet; any disagreement relating in any way to the service or related services or matters described in this PLATU; disagreements regarding your access to the service, access to your ESR Wallet; claims based on broken promises or contracts, torts, or other wrongful actions; statutory, common law, and equitable claims, about the meaning, interpretation, application or enforceability of this PLATU and or this arbitration. Our right to binding arbitration shall survive any termination of your ESR Wallet service.
 
YOU AGREE THAT YOU AND ESR WALLET ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
 
As the sole exception to this arbitration agreement, ESR Wallet retains the right to pursue in small claims court any dispute that is within that court’s jurisdiction. If either you or ESR Wallet fail to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.
 
 
Severability: You or ESR Wallet may submit a dispute to binding arbitration at any time, regardless of whether a lawsuit or other proceeding has been previously commenced.
 
NEITHER YOU NOR ESR WALLET SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 
 
Rights preserved: This arbitration agreement does not prohibit you or ESR Wallet from exercising any lawful rights or using other available remedies to preserve, or obtain possession of property; exercise self-help remedies, including setoff rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment or the appointment of a receiver by a court of competent jurisdiction. All statutes of limitations applicable to any dispute apply to any arbitration between you and ESR Wallet.
 
The provisions of this arbitration agreement shall survive termination or amendment of the deposit relationship or any other relationship between you and ESR Wallet.
 


25. General
This Agreement is governed by and interpreted under the laws of Gibraltar. We do not guarantee continuous, uninterrupted or secure access to our service, as operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be deleted and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated Agreements may be automatically assigned by ESR Wallet, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates detail the entire understanding between us concerning its subject matter. Sections (12) Fees, (6) Release, (8) Limitation of Liability, and (23) Legal Disputes shall survive any termination or expiry of this Agreement.




26. Disclosures

The Wallet Services are offered by SKY GLOBAL LTD PO Box 31291, Ras Al Khaimah UAE Reg. No. A210/04/14/8354. 

You can request to have this Agreement emailed to you by sending a letter to the address above with your email address. Disputes between you and ESR Wallet about our Services can be reported to Customer Support online at any time.

 

 

Updated December 01, 2017