general terms and conditions

Please read these terms carefully before clicking "i accept" button and opening your genome wallet.

By clicking "i accept" button, opening, accessing or using this site, genome wallet or genome services you acknowledge that you have carefully read, fully understood, accept and agree to all of the provisions contained in these terms. 

If you do not agree to these terms, you shall not click "i accept" button and must refrain from opening, accessing or using this site, genome wallet or genome services immediately.

1. Definitions

The capitalized terms used in these T&Cs shall have the following definitions:
  1. “Approved Currency” means a currency approved by Us from time to time for holding E-Money on Genome Wallet. A list of all Approved Currencies is placed on the Site and can be changed by Us from time to time;
  2. “Balance” means the value of E-Money that a natural or legal person holds on Genome Wallet in one or several Approved Currencies;
  3. “Business Day” means a day on which We are open for business. We reserve the right to set different Business Days for different Genome Services;
  4. “E-Money” means electronically stored monetary value as represented by a claim on Us which is issued on receipt of funds for the purpose of making Transactions and which is accepted by a natural or legal person other than Us;
  5. “Eco-System Genome” or "Our System" means internet-based software, API and other software and technologies allowing to access Genome Wallet and obtain Genome Services;
  6. “Genome”™ means a business name of UAB "Maneuver LT", a legal entity registered in Lithuania with its registration number 304785124 and having an electronic money institution license # 32 issued by the Bank of Lithuania 29.03.2018. The address of Genome’s head office is at Žalgirio g. 88, LT-09303, Vilnius, Lithuania. E-mail: info@genome.eu. Genome as electronic money institution is supervised by the Bank of Lithuania, located at Gedimino pr. 6, LT-01103, Vilnius, Lithuania, telephone no. +370 800 50 500. More information about the Bank of Lithuania is detailed by this link https://www.lb.lt/en/. Any references to Genome shall refer to UAB “Maneuver LT”;
  7. “Genome ID" means a Unique Identifier of the holder of Genome Wallet in Eco-System Genome that constitutes of numbers and is assigned by Us in the course of Genome Wallet opening;
  8. “Genome Fees and Charges" means a list of fees and charges We apply for and in connection with the use of Genome Wallet and Genome Services, as may be amended by Us from time to time, which is placed on the Site and posted on Your Genome User Portal;
  9. “Genome Services" means issuance and redemption of E-Money, execution of Transactions, supply of Genome Wallet which allows You to make and receive Transactions, proceed with currency exchange, withdraw / send funds from Our System, as well as any other services that We provide;
  10. “Genome Wallet" means a web-based personal or business E-Money account inside Eco-System Genome opened and managed by Us in Your name or in the name of any other natural or legal person;
  11. “Genome Mobile App" means a mobile version of Genome Wallet that We may launch at any time which will be available to You upon downloading from App Store or Google Play and installing on iOS or Android system;
  12. “Genome User Portal" means portal inside Our System (my.genome.eu) therefrom You can use Your Genome Wallet and obtain Genome Services;<
  13. “Intellectual Property Rights" means any and all rights existing now or in the future under patent law, copyright law, data and database protection law, trade secret law, trademark law, competition law, whether or not registered or capable of registration, and whether subsisting in any specific country(-ies) or any other part of the world, and any and all other proprietary rights of any kind, including without limitation rights to domain names, as may be updated and expanded periodically;
  14. “Partner" means a person thereto You wish to send monetary value of E-Money from Your Genome Wallet;
  15. “Payee" means a natural or legal person who is the intended recipient of E-Money which has been the subject of Transaction;
  16. "Payer" means a natural or legal person who holds Genome Wallet with Us and gives instructions to Us to execute a Transaction;
  17. "Payment Service Provider" means a provider of payment services, including without limitation credit institutions, electronic money institutions and payment institutions;
  18. "Politically Exposed Person" means a natural person who is or who has been entrusted with prominent public functions and his / her immediate family members or close associates of such person;
  19. "Security Credentials" means personalized features that We provide or make available to You to verify Your identity or the validity of the use of Genome Wallet;
  20. "Site" means Genome site (www.genome.eu), including all its content and subdomains;
  21. "T&Cs" means these Terms, Genome Fees and Charges, as well as any other supplemental or incorporated documents, policies and links to the websites referred to in these Terms;
  22. "Terms" means these General Terms and Conditions;
  23. "Transaction" means transfer of E-Money from Your Genome Wallet to Genome Wallet of any other natural or legal person that is the holder of Genome Wallet, or transfer of E-Money from Genome Wallet of other holders to Your Genome Wallet, as well as transfer of E-Money between subaccounts of Your Genome Wallet (i.e. for each Approved Currency of Your Genome Wallet will be assigned separate subaccount inside Our System; You can have several subaccounts in the same Approved Currency of Your Genome Wallet and make transfers between such subaccounts);
  24. "Unique Identifier" means a combination of letters, numbers or symbols specified to You or Your Partner by Us or Your or Your Partner Payment Service Provider other than Us and to be provided by You to identify unambiguously the recipient (Payee) of the Transaction and / or Your or Your Partner payment account with another Payment Service Provider;
  25. “We”, “Our” and “Us” refers to Genome;
  26. “You”, “Your”, “Yours” refers to any user, either natural or legal person, of Genome Site, Genome Wallet or Genome Services.

    When You open and use Genome Wallet or Genome Services for the purposes other than trade, business or profession, You are treated by Us as the “Consumer”.

2. Binding effect

  1. These T&Cs regulate relationships between Genome and You related to opening, use and closure of Genome Wallet, as well as determine the main terms for providing Genome Services.
  2. These T&Cs shall constitute a binding legal agreement between Genome and You (“Agreement”) which enters into force on the date of Your enrollment into Eco-System Genome and remains in force an indefinite period of time unless it is terminated as per the terms and conditions stipulated herein.
  3. You are bound by the provisions of these T&Cs and agree to comply with the obligations and liabilities laid on You under these T&Cs.
  4. These T&Cs are placed on the Site. You have the right to receive a copy of these T&Cs by e-mail upon request.
  5. We reserve the right to request from You a signed version of these T&Cs (either by e-signature or by hand). Any expenses for the document delivery shall be covered by You.
  6. Any additional terms and conditions which regulate relationships between Genome and You that are not stated in this Agreement, as well as any additional services or products that We provide not covered by these T&Cs may be subject to a separate agreement to be entered between Genome and You.

3. Representations and warranties

  1. Applying for opening of Genome Wallet and accepting these T&Cs, as well as any their revised version, You represent and warrant to Us on an ongoing basis that You:
    1. are of sound mind, legally competent and at least 18 years of age. We may request from You any information, documents or other evidence to prove Your age or legal competence;
    2. do not reside in the country from the List of Prohibited Countries and Territories which is placed on the Site and can be changed by Us from time to time with notice to You in accordance with these T&Cs;
    3. opening and use of Genome Wallet or Genome Services is legal in Your country of residence and You have all permissions and licenses required under the law for execution of the present Agreement;
    4. are not a Politically Exposed Person (PEP) or an immediate family member or a close associate of PEP. You undertake to notify Us immediately once You become any of the above;
    5. act in Your own name and not on the name of any third party unless You notify Us in writing about otherwise and receive Our written consent;
    6. act through a duly authorised Representative (as this term is defined in clause 8.3 below), who has sufficient powers to enter and execute this Agreement, – where You are a legal person
    7. are not subject of bankruptcy, insolvency, restructuring, reorganization, liquidation or other similar proceedings or procedures;
    8. have all permissions and licenses required under the law for activities conducted by You;
    9. do not perform, are not involved and have no intentions to use Genome Wallet or Genome Services for any illegal purposes or prohibited activities, as detailed in Article 12 below;
    10. confirm that all funds received by Us in exchange for E-Money issued by Us originate from legitimate sources and activities;
    11. follow all laws and regulations applicable to You when open and use Genome Wallet or Genome Services, including without limitation anti-money laundering (AML) and countering financing of terrorism (CFT) requirements, as well as tax and currency control laws and regulations;
    12. accept that You will need to complete, to Our satisfaction, verification procedures and other checks carried out by Us, and agree to provide Us with true, accurate, complete and up to date information, documents and other evidence requested by Us for these purposes;
    13. will not introduce any viruses or other malware and destructive components into Our System.
  2. We rely on the representations and warranties listed above when open and manage Your Genome Wallet or provide Genome Services to You. You must refrain from opening, accessing and using Genome Wallet and Genome Services, if You disagree, do not accept or fail to comply with the above representations and warranties.
  3. We reserve the right to refuse Your enrolment application, as well as to terminate this Agreement with immediate effect and close Your Genome Wallet once We discover or have grounds to suspect that You are in breach of any of the representations and warranties listed above. You shall bear and reimburse Us any losses and damages that We incur in the result of Your failure to provide Us with true, accurate and complete representations and warranties.

4. Genome wallet

  1. You can use Your Genome Wallet and obtain Genome Services via Genome User Portal upon entering into Our System. Via Your Genome User Portal You can:
    1. top-up Your Genome Wallet and withdraw / send funds from Our System;
    2. send and receive Transactions;
    3. proceed with currency conversion operations (i.e. use E-Money in one Approved Currency to purchase E-Money in another Approved Currency according to Our currency exchange rates, formed in accordance with clause 5.3 below);
    4. monitor information on the Balance of Your Genome Wallet;
    5. check history of Your Genome Wallet operations;
    6. conduct quick search on Your Genome User Portal;
    7. make personal or business settings;
    8. add and change details of top-up and withdrawal methods;
    9. access news feed (Genome news, important updates etc.) and the summary of Your visits and actions (log-in date, time and IP address, successful or unsuccessful log-in, recent settings, personal or business changes, password change etc.);
  2. E-Money reflected on the Balance of Your Genome Wallet belongs to You. You can hold E-Money on Your Genome Wallet in one or several Approved Currencies. Holding funds in different Approved Currencies, You accept responsibility for possible depreciation of money due to changes in exchange rates.
  3. Maximum amount of E-Money value You can hold on Your Genome Wallet, as well as number and value of Transactions, withdrawal / payout transfers (as this term is defined in clause 11.4 below) and top-up payments may be limited by Us. The limits We apply depend on Your verification status, country of residence and other factors reasonably designated by Us to be in line with the security and legal requirements.

    Information on Our limits is placed on the Site and can be changed by Us from time to time with notice to You in accordance with these T&Cs. Limits applicable to Your Genome Wallet are posted on Your Genome User Portal. To rise the limits (to the permitted size) You may be required to complete, to Our satisfaction, additional verification procedures and other checks carried out by Us.
  4. You agree that access to and use of Your Genome Wallet may be interrupted and Genome Services may be limited or unavailable from time to time because of operational maintenance, update, errors of Our System or other reasons including those that are beyond Our control, as detailed in clause 18.1 (m) below. In such a case You may not be able to make and receive Transactions, withdraw / send funds from Your Genome Wallet, top-up Your Genome Wallet or use any other Genome Services or enter in Our System at all.

    You will be notified in advance, at least in one (1) day, by e-mail at Your verified e-mail address with Us, about any regular or possible operational maintenance or update of Our System that may limit access to or use of Your Genome Wallet or Genome Services. The respective notifications will be also placed on the Site and / or posted on Your Genome User Portal (news feed / blog / status page etc.). If You suffer access or usage problems with Your Genome Wallet or Genome Services, You should check the Site regarding relevant notifications and / or contact Us by e-mail using the e-mail address provided in Article 30 below and / or through any other contact tools which We make available to You from time to time.

    In case of a major operational or security incident that has or may have an impact on Your financial interests, We will inform You, without undue delay, of such an incident and of all measures that We can take to mitigate the adverse effects of the incident.

5. Genome fees and charges. currency conversion

  1. We may apply fees and charges for and in connection with the use of Genome Wallet and Genome Services. By accepting these Terms You also accept and agree to Genome Fees and Charges. You are required to check Genome Fees and Charges regularly.
  2. You agree to pay Us on demand and give a consent to Us to deduct respective amounts of fees and charges due to Us at any time without notice from the Balance of Your Genome Wallet.

    Any deductions We made and fees or charges We applied will appear in the history of Your Genome Wallet operations. In the event that You have any inquiries as to deductions We made and fees or charges We applied, You shall notify Us without undue delay by e-mail using the e-mail address provided in Article 30 below and / or through any other contact tools which We make available to You from time to time.
  3. You accept that We apply Our own currency exchange policy and currency exchange rates to Your currency conversion operations that differ from the exchange rates of European Central Bank and other relevant public sources.

    Our currency exchange rates constitute of the basic exchange rates and Our currency conversion fees. Basic exchange rates are formed on the basis of Electronic Communication Network (ECN) currency exchange rates. Our currency conversion fees are formed in percentage applied on top to the basic exchange rates, as detailed in Genome Fees and Charges. You are required to check Genome Fees and Charges regularly to get information on Our currency conversion fees.

    Our currency exchange rates are live. We do not control currency exchange rates and apply those that have been set up inside Our System at the time of currency conversion operation.

    The exact currency exchange rate that We applied You will see in the history of Your Genome Wallet operations once the respective currency conversion operation is completed.

    You agree that currency conversion will be made at Your cost and accept that We shall not be liable for any losses You incur in the result of currency conversion.

    You consent that costs on currency conversion will be deducted from the Balance of Your Genome Wallet.

6. Opening of genome wallet

  1. To use Genome Wallet and obtain Genome Services You need first register in Our System. The enrollment application can be filled out and submitted to Us through the website or Genome Mobile App. Among other information requested from You in the enrollment application, You will be required to indicate Your log-in details, i.e. active e-mail address or mobile phone number and strong unique password created by You (“Log-in Details”). Your e-mail address or phone number may be verified by Us with OTP code, as detailed in clause 7.2 below. You will need to fill out Your Log-in Details each time when You enter in Our System and access Your Genome Wallet.
  2. Once You register in Our System, Genome Wallet will be created for You automatically. You will have access to Genome User Portal, but will not be able to use all functions of Your Genome Wallet unless You complete, to Our satisfaction, verification procedures and other checks carried out by Us, as detailed in Article 8 below.

    We will notify You about the results of verification procedures and other checks carried out by Us by e-mail. The relevant notification will be also communicated to You on Your Genome User Portal by changing Your verification status.

    You will be able to use all functions of Your Genome Wallet once the verification procedures and other checks carried out by Us are completed to Our satisfaction. We reserve the right to terminate this Agreement with immediate effect and close Your Genome Wallet without any explanations if verification procedures and other checks carried out by Us are not completed to Our satisfaction.
  3. Where You are a legal entity, to open Genome Wallet Your Representative (as this term is defined in clause 8.3 below) needs first register in Our System and open personal Genome Wallet with Us following the procedures provided in these T&Cs. Having personal Genome Wallet with Us Your Representative will be able to apply on opening of Genome Wallet for You as a legal entity following on-screen instructions of his / her Genome User Portal. Your Genome Wallet as a legal entity will be linked to and can be accessed through the personal Genome Wallet of Your Representative(s).
  4. You accept that We may apply fees for processing of the enrollment application and / or opening of Genome Wallet, as detailed in Genome Fees and Charges.

    We may also apply annual or monthly fees for maintenance of Genome Wallet. To check Our fees, please refer to Genome Fees and Charges.
  5. You accept that unless otherwise agreed, You can have only one personal Genome Wallet with Us. You can open more than one business Genome Wallet with Us, provided that You complete, to Our satisfaction, verification procedures and other checks carried out by Us with respect to each of Your business Genome Wallets.
  6. 6.6. You accept that We open Genome Wallets only to the residents of countries included into the List of Allowed Countries and Territories which is placed on the Site and can be changed by Us from time to time with notice to You in accordance with these T&Cs.

7. Security measures

  1. You accept that to authorise Transactions, top-up or withdrawal / payout transfers You may be required to use e-signature. You will be able to add e-signature certificate to Your Genome Wallet for authorisation purposes following the relevant on-screen instructions of Your Genome User Portal.
  2. There is also a function of two-factor authentication in Our System, which means that You will receive one-time password (“OTP code”) sent to Your verified e-mail address or phone number with Us, which You may be required to indicate for the authorisation purposes described in clause 7.1 above and / or in order to confirm changes in Your personal or business settings, change of Your password to Genome Wallet, as well as other actions related to the use of Your Genome Wallet or Genome Services as may be requested by Us.

    Two-factor authentication in Our System can be also used for access purposes to Your Genome Wallet, which means that to enter in Our System in addition to the Log-in Details You will need to indicate OTP code sent to Your verified e-mail address or phone number with Us.
  3. We reserve the right to provide You or make available to You, from time to time, other Security Credentials, which means that for the authorisation and confirmation purposes listed in clauses 7.1 and 7.2 above You may be required to perform other actions or complete other activities, including without limitation other types of two-factor authentication or special pin code selected by You.

    Log-in Details, e-signature, OTP code and any other Security Credentials that We provide or make available to You from time to time hereinafter referred to as “Genome Security Credentials”.
  4. You are responsible for Your Genome Security Credentials and must keep them safe, secure, private and confidential at all times and not disclose them to any third parties including friends and family members, as well as not allow anyone to watch Your Log-in Details and other Genome Security Credentials when You are accessing Your Genome Wallet, authorising a Transaction or transfer or confirming / authorising any other actions related to the use of Your Genome Wallet or Genome Services as may be requested by Us.
  5. You are required to always logging off Genome Wallet when You leave a computer or other device used to access Your Genome Wallet. You must always ensure that Your Log-in Details are not stored in the browser history or otherwise recorded on the computer or other device You use to access Genome Wallet. We recommend to memorize Your Log-in Details and not record them on any carrier where they can be watched by third parties. You must not enter or otherwise disclose Your Log-in Details at any resources, except the Site or Genome Mobile App.
  6. You can update / change password to Your Genome Wallet inside Our System at any time and should do this regularly.
  7. To mitigate risk of unauthorised use of Your Genome Wallet We strongly recommend You to store file with Your e-signature on a device separate from the one that You use to access Your Genome Wallet.
  8. You shall inform Us about any requests received by You to enter or otherwise disclose Your Log-in Details or other Genome Security Credentials. If at any time You become aware or suspect that Your Log-in Details or other Genome Security Credentials have been lost, stolen, misappropriated, used without authorisation or otherwise compromised, You shall change password to Your Genome Wallet immediately and notify Us without undue delay by e-mail using the e-mail address provided in Article 30 below and / or through any other contact tools which We make available to You from time to time.
  9. Considering that Your e-mail address and / or phone number provided to Us are used for communication with You, accessing of Your Genome Wallet, as well as for the authorisation and confirmation purposes, as detailed in clause 7.2 above, log-in details to these instruments, including their passwords, shall be protected by You.

    You are responsible for the log-in details to Your e-mail address and phone and must keep them safe, secure, private and confidential at all times and not disclose them to any third parties including friends and family members. We recommend to memorize passwords to these instruments and not record them on any carrier where they can be watched by third parties.

    You are required to keep safe and secure Your phone, computer and other devices, which are used for communication with You, accessing of Your Genome Wallet and authorisation or confirmation purposes.

    To the fullest extent permitted under the applicable laws and regulations, We shall not be liable for any losses or damages You incur in the result of Your failure to keep safe and secure log-in details to Your phone and e-mail address, as well as Your phone, computer and other devices used for communication with You, accessing of Your Genome Wallet and authorisation or confirmation purposes.

  10. It is Your responsibility to ensure that any computer or other system, software, equipment or device therefrom You access or use Your Genome Wallet is protected and free from any viruses or other malware and destructive components.
  11. You undertake to treat E-Money You hold on Genome Wallet carefully and agree that use of Genome Wallet by any person other than You or Your respective Representative, where You are a legal person, may lead to lose of E-Money You hold on Genome Wallet.

8. Verification procedures and other checks

  1. To use all functions of Your Genome Wallet You will need to complete Know Your Client (KYC) procedures, AML / CFT, fraud and other illegal activities checks. You agree to cooperate with all Our requests in connection with Your Genome Wallet to verify Your identity, documents allowing Us to identify You and Your status as a legal person, prove the legitimate sources of funds and source of wealth, validate Your top-up or withdrawal / payout transfers and Transactions, including benefits gained by their recipients. You undertake to provide Us with the documents, information or other evidence that We may need for these purposes.
  2. To verify or authenticate Your identity You will be required to provide Us with the identity documents (passport or ID card). You shall notify Us immediately in case of theft or loss of Your identity documents.

    In some cases, including without limitation the case when You wish to rise limits of Your Genome Wallet (to the permitted size), We may ask You, at Our absolute discretion, for further information that will allow Us to reasonably identify You, as well as a clear purpose and intended nature of Your business relations, activities, to determine structure of management, to obtain information on Your partners and / or clients etc.

    To reasonably identify You We may ask You to provide Us, without limitation, with the driving license and / or e-signature. We also reserve the right to ask You to do a video call with Us in order to capture Your face and identity document near it.
  3. Genome Wallet for a legal person can be opened and used by a natural person duly authorised under the law or empowered by a legal person for these purposes (“Representative”).

    To open Genome Wallet for a legal person, as well as at any time of its use, in addition to verification procedures and other checks carried out by Us with respect to a legal person, We will need to verify the identity of the Representative of the legal person and receive confirmation of the sufficient powers of such Representative to act on behalf of the legal person, including the right to open and use Genome Wallet and Genome Services, as well as dispose funds held on Genome Wallet, which belong to a legal person. You accept that We treat instructions of Your Representative as Your own and shall not be liable for his / her acts or omissions.

    We reserve the right to suspend Your Genome Wallet in the event of change of Your Representative and / or cancelation or expiry of the documents confirming the powers of such Representative to act on Your behalf for the purposes of this Agreement until We verify the identity of the newly appointed or empowered Representative and / or receive the updated documents confirming his / her powers.
  4. In the course of opening Genome Wallet for a legal person We will require to disclose beneficiaries of such legal person. For this purpose You shall provide Us with the documents and information allowing Us to identify beneficiaries of the legal person. In the event that legal holders of shares do not excise control over the legal person, You undertake to disclose natural persons who actually control the legal person and provide supporting documents.

    Verification procedures and other checks carried out with respect to You as a legal person will not be completed to Our satisfaction unless We identify Your beneficiaries. We reserve the right to suspend and / or close Your Genome Wallet and terminate this Agreement with immediate effect at any time if We do not identify beneficiaries of You as a legal person.
  5. We reserve the right to suspend execution of any Transaction or withdrawal / payout transfer request before You complete, to Our satisfaction, all verification procedures and other checks carried out by Us.

    In the event that verification procedures and other checks carried out by Us are not completed to Our satisfaction, including the case when We have reasonable grounds to suspect that the documents submitted by You are not legitimate, We will refuse to execute a Transaction or to perform withdrawal / payout transfer request. You accept that when We refuse to execute a Transaction or to perform withdrawal / payout transfer request because of the reasons specified above, We shall not be liable for any losses or damages that occur in the result of such refusal. Unless We are prohibited from doing so by law, We will notify You about the refusal and the reasons for it at Our earliest opportunity.
  6. Specific documents, information or other evidence to be provided by You to complete Our verification procedures and other checks will be posted on Your Genome User Portal and / or communicated to You by e-mail to Your verified e-mail address with Us.
  7. For verification procedures and other checks carried out by Us We may request from You original documents, their copies, copies of the documents certified by a notary or any other authorised person. We also reserve the right to request from You duly legalized / apostilled documents and / or translated into the formal language of these T&Cs mentioned in clause 23.1 below. Information and documents requested from You shall be prepared in the required form and provided to Us, including without limitation by regular mail (where so required). Any expenses for the documents delivery shall be covered by You.
  8. You agree that We reserve the right to verify ourselves and / or through third parties’ systems and other sources documents and other data You provided to Us in the course of verification procedures and other checks carried out by Us, including without limitation in the course of authentication of Your identity. By accepting these Terms You give a consent to Us and / or third parties involved by Us to make such verifications.
  9. You must ensure that the information You provided to Us in the course of registration in Our System, opening Your Genome Wallet or for the purposes of verification procedures and other checks carried out by Us is always true, accurate, complete and up to date, and shall notify us immediately and provide supporting documents about any changes in such information. You are also required to provide Us with any information related to bankruptcy, insolvency, restructuring, liquidation, reorganization or other similar procedures or proceedings You are involved in, as well as about change of control over You or disposal of main part of Your assets, - where You are a legal person.

    We may ask You to confirm accuracy or update the provided information at any time. If at any time We discover or have grounds to suspect that the information You provided to Us is outdated or inaccurate, We may contact You and ask for further information. We also reserve the right to ask You to complete verification procedures and other checks again at any time in case of any changes in the applicable laws and regulations, including without limitation AML and CFT requirements, that oblige Us to request from You any additional documents or information. You agree to reply on Our request as soon as possible and provide Us with the requested documents, information or other evidence.

    You shall bear and reimburse Us any losses and damages that We incur in the result of Your failure to provide Us with true, accurate, complete and up to date information, as well as to notify Us immediately and provide supporting documents about any changes in such information.
  10. You consent that We may contact You (via verified e-mail address or phone number with Us) in connection with Your use of Genome Wallet or Genome Services, including without limitation the case when We need to receive from You or clarify accurate information on the payment details.

    To ensure continuous communication with You for the above listed purposes, You must notify Us about any changes in Your contact details immediately. We shall not be liable for any losses, damages or other negative consequences arising of or in connection with Your failure to maintain up to date information on Your Genome Wallet, including contact details.
  11. We reserve the right to suspend and / or close Your Genome Wallet and terminate this Agreement with immediate effect at any time in the event that You do not comply with Our requests to complete, to Our satisfaction, verification procedures and other checks carried out by Us.

9. Top-up of genome wallet. E-money issuance terms

  1. Top-up function of Genome Wallet will be available to You once after You complete, to Our satisfaction, verification procedures and other checks carried out by Us, as detailed in Article 8 above.
  2. You can top-up Your Genome Wallet with a number of different methods, including without limitation by card, by transfers from a bank account or payment account with another e-money system, or by other payment instruments, depending on the top-up methods available in Your country of residence, Your verification status with Us, as well as other factors related to the security and legal requirements.

    A list of all available top-up methods We currently support is placed on the Site and posted on Your Genome User Portal and can be changed by Us at any time with the respective notice to You. We do not guarantee that any of the top-up methods will be available all the time and that a particular top-up method is available to You. We may discontinue to support any of the top-up methods at any time.
  3. A card, bank account, payment account with another e-money system or any other payment instrument You are using to top-up Your Genome Wallet must be issued or opened in Your name. We may request from You to confirm that You are a named holder of the top-up method chosen by You. You are not allowed to top-up Your Genome Wallet if You are not a named holder of the top-up method chosen by You. You agree that breach of this requirement may lead to return of funds transferred to top-up Your Genome Wallet. We reserve the right to apply fees for such return, as detailed in Genome Fees and Charges, and claim from You any and all expenses We incur in connection with such return.

    We may ask You to complete additional verification procedures and other checks if We discover or have grounds to suspect that You are not a named holder of the top-up method chosen by You. We reserve the right to suspend Your Genome Wallet unless verification procedures and other checks carried out by Us are completed to Our satisfaction.
  4. Depending on the top-up method You choose, We may apply fees for top-up of Your Genome Wallet, as detailed in Genome Fees and Charges.
  5. We may apply limits on top-up payments, which depend on the top-up method You choose, Your verification status with Us, country of residence and other factors reasonably designated by Us to be in line with the security and legal requirements.

    Information on Our limits is placed on the Site and can be changed by Us from time to time with notice to You in accordance with these T&Cs. Limits applicable to Your Genome Wallet are posted on Your Genome User Portal. You are required to check these limits each time before You initiate any top-up payment.

    You agree that if the amount of top-up payment does not fall under the limits applicable to Your Genome Wallet, We may refuse in top-up of Your Genome Wallet and return funds. We reserve the right to apply fees for such return and claim from You any and all expenses We incur in connection with such return.

    You are also required to check limits, fees and charges, as well as currency exchange rates of persons related to execution of the top-up payment, such as Payment Service Providers and international payment card associations or networks. Any and all fees and charges, as well as costs on currency conversion applied to the top-up payment by persons related to its execution shall be covered by You.
  6. To top-up Your Genome Wallet You will need to choose top-up method, fill out its details, indicate the amount of funds You wish to transfer and select Approved Currency of Your Genome Wallet, which You wish to have credited. Depending on the top-up method You choose You may need to indicate other information and / or to perform other actions.

    Please make sure that the currency of the top-up payment corresponds to the Approved Currency of Your Genome Wallet, which You wish to have credited. Otherwise, the funds may be returned to You.
  7. If You wish to top-up Your Genome Wallet by card, You can add details of Your card and link it to Your Genome Wallet. To top-up Your Genome Wallet in such a case You will need to follow relevant on-screen instructions of Your Genome User Portal upon entering into Our System.
  8. You shall be careful when filling out details of the top-up payment and check that all payment details are accurate, complete and correct, to make sure that money reaches Us.
  9. We are recipient of funds transferred to top-up Your Genome Wallet. We do not act as a Payment Service Provider with respect to such payment until the payment is received by Us. We shall not be responsible for the funds transferred by You to top-up Your Genome Wallet until the payment is received by Us. The funds We received corresponding to E-Money issued by Us will be held in segregated bank account separately from Our own funds.
  10. Before We top-up Your Genome Wallet, We may ask You to complete, to Our satisfaction, verification procedures and other checks carried out by Us with respect to the funds transferred to top-up Your Genome Wallet, as detailed in Article 8 above. You agree that We may refuse or suspend any top-up payment if We are not satisfied with the results of verification procedures and other checks carried out by Us with respect to such payment. Where We refuse in top-up of Your Genome Wallet, We will return funds. We reserve the right to apply fees for such return, as detailed in Genome Fees and Charges, and claim from You any and all expenses We incur in connection with such return.
  11. Where all the provisions set out in these T&Cs are met and unless We are otherwise instructed by Our internal policies and / or restricted or prohibited from doing so by law, the funds transferred to top-up Your Genome Wallet will be exchanged for E-Money issued by Us at the nominal monetary value and credited to Your Genome Wallet. The nominal monetary value of E-Money coincides with the value of funds transferred to top-up Your Genome Wallet (after deduction of all fees and charges, relating to the top-up payment).
  12. You acknowledge that Deposit Guarantee Schemes (DGS) do not apply to the funds held on Your Genome Wallet.
  13. You accept that funds received by Us in exchange for E-Money issued by Us, as well as E-Money held on Your Genome Wallet do not constitute, in any circumstances, a deposit and We will not pay and You will not earn any interest or other benefit for E-Money held on Your Genome Wallet associated with the duration of time You hold E-Money with Us.

10. Transactions inside eco-system genome

  1. You can make Transactions from Your Genome Wallet to recipients (Payees) that accept E-Money to their Genome Wallets with Us and receive Transactions to Your Genome Wallet from Payers that hold Genome Wallets with Us.
  2. We may apply fees for execution of Transactions and other related fees. You are required to check Genome Fees and Charges before making any Transaction.
  3. To make Transactions inside Eco-System Genome You will need to enter into Your Genome Wallet and fill out the Transaction order inside Our System following the relevant on-screen instructions of Your Genome User Portal. Among other information to be provided by You in such an order, You will need to indicate Genome ID and / or other Unique Identifier of the Payee that We can use for the Payee’s identification in Our System, select Approved Currency of the Transaction and indicate amount of E-Money You wish to transfer.
  4. You shall be careful when filling out details of the Transaction order including Genome ID and / or other Unique Identifier of the Payee and check that all payment details are accurate, complete and correct. If the payment details You provided to Us are not complete, We reserve the right to refuse in the Transaction execution.

    You accept that if the Transaction is executed by Us in accordance with the payment details including Genome ID and / or other Unique Identifier of the Payee indicated by You in the Transaction order, it shall be deemed to have been executed correctly. We shall not be liable for non-execution or defective execution of the Transaction if You provided Us with incorrect payment details and / or Genome ID and / or other Unique Identifier of the Payee. You shall bear all liability for errors made by You in the Transaction order. We shall not be liable for such errors of Yours and for any losses and damages that occur in the result of such errors, including the case when E-Money has been transferred to incorrect Payee.

    We will make reasonable efforts to recover the funds transferred in accordance with incorrect payment details. You accept that We may apply investigation fee for recovery, as detailed in Genome Fees and Charges. We do not guarantee that recovery of funds will be successful, but in the event that the collection of funds is not possible, We will provide You, upon written request, all information available to Us in order for You to file legal claim to recover the funds.
  5. In the event that You are not the intended recipient (Payee) of the Transaction and noticed that E-Money has been credited to Your Genome Wallet by mistake or without legal basis, You shall notify Us about the respective Transaction immediately by e-mail using the e-mail address provided in Article 30 below and / or through any other contact tools which We make available to You from time to time. You are not entitled to dispose such funds and give Us irrevocable consent to deduct the respective amount of E-Money from Your Genome Wallet in order to return them to the Payer.
  6. We will execute a Transaction only after it is authorised by You. A Transaction is considered to be authorised by You only if You have given consent to Us to execute the Transaction. You give a consent to Us to execute the Transaction enclosing Your e-signature, as detailed in clause 7.1 above, and / or indicating OTP code sent to Your verified e-mail address or phone number with Us and / or by other Security Credentials that We provide or make available to You from time to time pursuant to clause 7.3 above.
  7. Unless there is a problem with Our System, We will ordinarily receive Your Transaction order on the day when it was sent by You. If You sent a Transaction order on the day that is not a Business Day, the Transaction order shall be deemed to have been received by Us on the following Business Day. If the Transaction order is received by Us on the Business Day, but not on the business hours, it shall be deemed to have been received by Us on the following Business Day.
  8. Once You send a Transaction order to Us to execute a Transaction, it will be assigned with “pending” status. You will not be able to use the amount of E-Money held on Your Genome Wallet that You instructed Us to transfer when the respective Transaction has “pending” status.

    Your Transaction order can be revoked before it is executed. You accept that We may apply fees for revocation (cancelation) of Your Transaction order, as detailed in Genome Fees and Charges.
  9. There is no overdraft facility available in Genome Wallet. We will execute a Transaction only from the available Balance of Your Genome Wallet. Before making any Transaction, You will need to check Balance of Your Genome Wallet, which shall be sufficient to cover a particular Transaction, including Genome fees and charges relating to such a Transaction. If You do not have enough E-Money on Your Genome Wallet, You may not be able to create and send a Transaction order to Us or We will refuse in execution of such an order. We will notify You about the refusal and reasons for it.
  10. You accept that Transactions may be subject to limits applicable by Us to be in line with the security and legal requirements. Information on Our limits is placed on the Site and can be changed by Us from time to time with notice to You in accordance with these T&Cs. Limits applicable to Your Genome Wallet are posted on Your Genome User Portal. Before making any Transaction, You will need to check Transaction limits of Your Genome Wallet. You agree that if the amount of E-Money You wish to transfer does not fall under the Transaction limits applicable to Your Genome Wallet You may not be able to create and send a Transaction order to Us or We will refuse in execution of such an order.

    You understand that recipient (Payee) of E-Money may be also subject to Transaction limits and that this may affect the recipient’s access to E-Money You intend to send. If the amount of E-Money You transferred does not fall under the Transaction limits applicable to Genome Wallet of the recipient (Payee), E-Money may be returned to You and credited to Your Genome Wallet.

    You accept that We reserve the right to apply excess activity fees if the number of Transactions on Your Genome Wallet is significant, as detailed in Genome Fees and Charges.
  11. Where all the provisions set out in these T&Cs are met and unless We are otherwise instructed by Our internal policies and / or restricted or prohibited from doing so by law, We will execute the Transaction as per Your instructions. E-Money will be credited to Genome Wallet of the Payee associated with the Genome ID and / or other Unique Identifier indicated by You in the Transaction order by the end of the Business Day following the day when the Transaction order has been received by Us.
  12. You agree that Your Genome ID and / or other Unique Identifier and other personal data required for the Transaction may be detected in Our System and displayed to the Payer or Payee of the Transaction, as the case may be.
  13. You can make Transactions using the Approved Currencies of Your Genome Wallet (always subject to the available E-Money value in the currency selected by You for the Transaction).

    If You wish to make a Transaction in a currency which is Our Approved Currency, but differs from the Approved Currency of Your Genome Wallet, which You wish to have debited, there will be a need in currency conversion.

    To proceed with currency conversion, You will need to send a request to Us following the relevant on-screen instructions of Your Genome User Portal. You will be required to indicate amount of E-Money You wish to transfer and select the Approved Currency of the Transaction. You will see live currency exchange rate, formed in accordance with clause 5.3 above, as well as amount of E-Money in the Approved Currency of Your Genome Wallet that We will use to purchase E-Money in the Approved Currency of the Transaction. You will need to confirm the above listed details for E-Money currency conversion and agree to Our currency exchange rate.

    If You do not have sufficient E-Money in the Approved Currency chosen by You for the Transaction, but You have sufficient E-Money in another Approved Currency of Your Genome Wallet, We will not execute the Transaction until You give instructions to Us to convert that another Approved Currency into the Approved Currency of the Transaction.

    The above currency conversion rules are also applicable if You wish to make a conversion between Approved Currencies of Genome Wallet irrespectively of execution of any Transaction.
  14. If You are the Payer, after the amount of Transaction made by You is debited from Your Genome Wallet, We will provide You, without undue delay, with the following information:
    1. a reference enabling to identify the Transaction and information relating to the Payee;
    2. the amount of the Transaction in the currency in which Your Genome Wallet is debited;
    3. the amount of any charges for the Transaction and, where applicable, a breakdown of the amounts of such charges, payable by You;
    4. the debit value date.
  15. f You are the Payee, after execution of the Transaction, We will provide You, without undue delay, with the following information:
    1. a reference enabling to identify the Transaction and the Payer, and any information transferred with the Transaction;
    2. the amount of the Transaction in the currency in which Your Genome Wallet is credited;
    3. the amount of any charges for the Transaction and, where applicable, a breakdown of the amounts of such charges, payable by You;
    4. the credit value date;
  16. Any Transaction You make or receive, including its details, Genome fees and charges, as well as currency exchange rate (where applicable) relating to such Transaction will appear in the history of Your Genome Wallet operations once it is completed. You should check history of Your Genome Wallet operations regularly.
  17. At Your Genome User Portal You can create, free of charge, for Your own purposes a weekly, monthly or any other duration report (no more than three (3) consecutive months) on the Transactions and other inward and outgoing transfers on Genome Wallet. You accept that We may apply fees for the hard copy of the report, as well as for the account statement to auditors or other third party (both hard and e-copy), as detailed in Genome Fees and Charges.

11. Withdrawal of funds from genome wallet. E-money redemption terms

  1. You have the right to request Us to redeem and withdraw from Our System all or part of the funds (monetary value of E-Money) held on Your Genome Wallet at any time during the term of this Agreement (save for the cases when Your Genome Wallet is suspended by Us or You are otherwise limited in using E-Money according to these T&Cs) with a number of different methods supported by Us, including without limitation by transfers to a card, bank account or payment account with another e-money system, depending on the withdrawal methods available in Your country of residence, Your verification status with Us, as well as other factors related to the security and legal requirements.

    A list of all available withdrawal methods We currently support is placed on the Site and can be changed by Us at any time with the respective notice to You. We do not guarantee that any of the withdrawal methods will be available all the time and that a particular withdrawal method is available to You. We may discontinue to support You with any of the withdrawal methods at any time as long as there is at least one withdrawal method available to You.
  2. If You wish to withdraw funds from Your Genome Wallet to a card, You can use a card which is linked to Your Genome Wallet and / or used to top-up Your Genome Wallet. If You do not have a card linked to Your Genome Wallet, before requesting Us to withdraw funds from Your Genome Wallet You can add details of Your card for these purposes following the relevant on-screen instructions of Your Genome User Portal.
  3. Unless otherwise agreed, a card, bank account, payment account with another e-money system or any other withdrawal instrument supported by Us which You wish to use to transfer funds from Your Genome Wallet must be issued or opened in Your name. If We have grounds to suspect that You are not a named holder of the withdrawal method chosen by You, We may ask You to complete additional verification procedures and other checks carried out by Us and reserve the right to suspend Your Genome Wallet for the period of such checks and procedures. You agree that We reserve the right to refuse Your withdrawal transfer request, if We discover that You are not a named holder of the withdrawal method chosen by You. You accept that We may apply fees, according to Genome Fees and Charges, for investigation of Your withdrawal transfer.
  4. If You wish Us to redeem E-Money and send its monetary value to a third party (“payout transfer”), You agree that each such payout transfer will be subject to additional verification procedures and other checks carried out by Us, including without limitation a requirement to provide Us with the supporting documents for such a transfer confirming its economic background and benefits gained by each of the parties.
  5. To request Us to redeem E-Money and withdraw / send funds from Your Genome Wallet You will need to enter in Our System and fill out respective transfer order following the relevant on-screen instructions of Your Genome User Portal. Among other information to be provided by You in such an order, You will be required to choose withdrawal method, fill out its details, indicate the amount of E-Money You would like Us to redeem, select Approved Currency for withdrawal, as well as currency in which You wish to have funds credited to the withdrawal method chosen by You.
  6. You shall be careful when filling out details of the withdrawal / payout transfer order and check that all payment details including Your or Your Partner Unique Identifier are accurate, complete and correct. If the payment details You provided to Us are not complete, We reserve the right to refuse Your withdrawal / payout transfer request.

    You accept that if the funds have been transferred in accordance with the payment details including Your or Your Partner Unique Identifier indicated by You in the withdrawal / payout transfer order, they shall be deemed to have been transferred correctly. We shall not be liable for non-execution or defective execution of the withdrawal / payout transfer if You provided Us with incorrect payment details. You shall bear all liability for errors made by You in the withdrawal / payout transfer order. We shall not be liable for such errors of Yours and for any losses and damages that occur in the result of such errors, including the case when the funds have been transferred to incorrect recipient.

    We will make reasonable efforts to recover the funds transferred in accordance with incorrect payment details. You accept that We may apply investigation fee for recovery, as detailed in Genome Fees and Charges, as well as pass on You fees and charges of Payment Service Providers related to the withdrawal / payout transfer for their assistance in the recovery process. We do not guarantee that recovery of funds will be successful, but in the event that the collection of funds is not possible, We will provide You, upon written request, all information available to Us in order for You to file legal claim to recover the funds.
  7. Withdrawal / sending funds can be made only from the available Balance of Your Genome Wallet. Balance of Your Genome Wallet must be sufficient to cover Your withdrawal / payout transfer, including Genome fees and charges. Before sending Us any withdrawal / payout transfer request, You will need to check Balance of Your Genome Wallet. If You do not have enough funds on Your Genome Wallet, You may not be able to create and send a withdrawal / payout transfer request to Us or We will refuse in such request. We will notify You about the refusal and reasons for it.
  8. You accept that withdrawal / sending funds from Your Genome Wallet may be subject to limits applicable by Us to be in line with the security and legal requirements. Information on Our limits is placed on the Site and can be changed by Us from time to time with notice to You in accordance with these T&Cs. Limits applicable to Your Genome Wallet are posted on Your Genome User Portal. Before sending Us any withdrawal / payout transfer request, You will need to check withdrawal / payout limits of Your Genome Wallet. You agree that if the amount of funds You wish to withdraw / send from Your Genome Wallet does not fall under the withdrawal / payout limits applicable to Your Genome Wallet You may not be able to create and send a withdrawal / payout transfer request to Us or We will refuse in such request.
  9. You will be required to authorise withdrawal / payout transfer enclosing Your e-signature, as detailed in clause 7.1 above, and / or indicating OTP code sent to Your verified e-mail address or phone number with Us and / or by other Security Credentials that We provide or make available to You from time to time pursuant to clause 7.3 above.
  10. Unless there is a problem with Our System, We will ordinarily receive Your withdrawal / payout transfer request on the day when it was sent by You. If You send Your withdrawal / payout transfer request on the day that is not a Business Day, it shall be deemed to have been received by Us on the following Business Day. If withdrawal / payout transfer request is received by Us on the Business Day, but not on the business hours, it shall be deemed to have been received by Us on the following Business Day.
  11. Once You send a withdrawal / payout transfer request to Us, it will be assigned with “pending” status. You will not be able to use the amount of E-Money held on Your Genome Wallet that You instructed Us to redeem when the respective withdrawal / payout transfer request has “pending” status.

    Your withdrawal / payout transfer request can be revoked before it is performed. You accept that We may apply fees for revocation (cancelation) of Your withdrawal / payout transfer order, as detailed in Genome Fees and Charges.
  12. Where all the conditions set out in these T&Cs are met and unless We are otherwise instructed by Our internal policies and / or restricted or prohibited from doing so by law, We will redeem E-Money, at its nominal monetary value, and proceed with withdrawal / payout transfer as per Your request.

    Depending on the withdrawal method You choose, We may apply fees for withdrawal / sending funds from Your Genome Wallet, as detailed in Genome Fees and Charges. Additional fees for E-Money redemption may be applied in accordance with the applicable law.
  13. You can make withdrawal / payout transfers using the Approved Currencies of Your Genome Wallet (always subject to the available E-Money value in the currency selected by You for withdrawal / payout).

    If You wish to make withdrawal / payout transfer in a currency which is Our Approved Currency, but differs from the Approved Currency of Your Genome Wallet, which You wish to have debited, You will need to proceed with currency conversion before sending Us a withdrawal / payout transfer request following the instructions provided in clause 10.13 above.
  14. For the purposes of withdrawal / sending funds from Your Genome Wallet We act as a payer and not as a Payment Service Provider. We shall not be responsible for the withdrawal / payout transfer once the funds are received by Your or Your Partner Payment Service Provider (e.g. bank where You or Your Partner has bank account).

    You agree that all fees and charges of Your or Your Partner Payment Service Provider, as well as costs on currency conversion (where applicable) that You or Your Partner incur for receiving of funds shall be covered by You or Your Partner. You are required to check limits, fees and charges, as well as currency exchange rates of the Payment Service Provider involved in receiving of funds by You or Your Partner before sending Us any withdrawal / payout transfer request.
  15. Any withdrawal / payout transfer You make, including its details, Genome fees and charges, as well as currency exchange rate (where applicable) relating to such withdrawal / payout transfer will appear in the history of Your Genome Wallet operations once it is completed. You should check history of Your Genome Wallet operations regularly.
  16. In the event that funds You requested to withdraw / send from Your Genome Wallet are returned to Us in the result of unsuccessful withdrawal / payout transfer, for whatsoever reason, such funds will be exchanged for E-Money issued by Us and credited to Your Genome Wallet. You accept that fees paid by You for the withdrawal / payout transfer are not refundable. You agree that because of Our fees and charges related to returning of funds, the amount of E-Money credited to Your Genome Wallet may be different from the amount of funds You originally requested to withdraw or send.

12. Prohibited activities

  1. It is strictly prohibited:
    1. to use Genome Wallet or Genome Services for any unlawful or illegal purposes including without limitation fraud, money laundering, terrorist financing, or other criminal activities;
    2. to make or receive Transactions, payout transfers to / from natural or legal persons involved into fraud, money laundering, terrorist financing, or other criminal activities;
    3. to use Your personal Genome Wallet for business, trade or profession activities;
    4. to top-up Your Genome Wallet with illegally originated funds;
    5. to use name and other data of third party in order to register in Our System, open Genome Wallet and / or complete Your verification with Us;
    6. to provide Us with false, misleading or inaccurate information;
    7. to use Genome Wallet or Genome Services in a way that causes loses, damages or other negative legal consequences to Our or third parties’ business reputation;
    8. to infringe Our or third parties’ Intellectual Property Rights;
    9. to open and use Genome Wallet or Genome Services from the countries (including via VPN services) which are included into the List of Prohibited Countries and Territories, as well as to top-up Your Genome Wallet, make Transactions and withdrawal / payout transfers to / from the countries included into the List of Prohibited Countries and Territories;
    10. to introduce viruses or other malware and destructive components into Our System;
    11. to open or attempt to open more than one personal Genome Wallet with Us (unless otherwise agreed);
    12. to use Genome Wallet or Genome Services for the sale or supply of goods or provision of services that are prohibited by law or contradict public order and moral principles;
    13. to use Genome Wallet or Genome Services or conduct Your business in a manner that may lead to disputes, complaints, chargebacks, reversals, refunds, fees, fines, penalties or other liability to Us, You, other Genome holders or third parties;
    14. to use Genome Wallet or Genome Services in a manner that may violate any applicable laws and regulations, rules of international payment card associations or networks and Payment Service Providers;
    15. to disclose Log-in Details and other Genome Security Credentials to any third parties including friends and family members;
    16. to breach the provisions of these T&Cs.
  2. We reserve the right to restrict opening and use of Genome Wallet and Genome Services for certain types of activities. A List of Prohibited Activities is placed on the Site and can be amended by Us from time to time with notice to You in accordance with these T&Cs. You are required to review the List of Prohibited Activities and must refrain from opening Genome Wallet in the event that You intend to use Genome Wallet or Genome Services for any of the activities included into the list.
  3. If You breach or We have grounds to suspect that You may be in breach of the above listed prohibitions and / or are involved into activities included into the List of Prohibited Activities, We reserve the right, at Our absolute discretion, to:
    1. reverse or refuse the Transaction, withdrawal / payout transfer or top-up payment; and/or
    2. suspend and / or close Your Genome Wallet and terminate this Agreement; and / or
    3. report any suspicious activity to the competent law enforcement authorities; and / or
    4. inform about breach of the above listed prohibitions other Genome holders, Your Partner, Your or Your Partner Payment Service Provider, payment card association or network, as well as other third parties involved in payment transactions with You;
    5. take legal actions against You; and / or
    6. claim losses and damages from You.

      Unless We are prohibited from doing so by law, We will notify about the actions We took or imposed against You or Your Genome Wallet in connection with Your breach of the above listed prohibitions. You shall bear and reimburse Us any losses and damages that We incur in the result of such breach.

13. Data protection

  1. To safeguard the prevention, investigation and detection of payment fraud We process personal data.
  2. You should be aware that by providing You with Genome Wallet and Genome Services We act as a data controller and You may act as a data subject or as a joint data controller as a case may be. The terms personal data, data subject, data controller and data processor are used in the meaning given by the General Data Protection Regulation (GDPR).
  3. By opening Genome Wallet for You, We collect Your personal data, so in this case We act as a data controller, and You act as a data subject, therefore We are subject to respective rights and obligations under applicable data protection laws.
  4. In some cases, when You are a business, You transfer to Us personal data of Your clients or the personal data of Your officers. Insofar You and We jointly determine to process personal data for the purposes of Our cooperation We and You are joint data controllers and bear several liability for data protection infringements. You shall warrant that You have appropriate legal grounds to collect, process and transfer to the third parties the personal data of Your clients or officers.
  5. We access, process and retain only those personal data that are necessary for the provision of Our services.
  6. For more details regarding the data protection, please refer to Our Privacy Policy. By accepting these Terms You also accept and agree to the provisions of Our Privacy Policy, as amended from time to time.

14. Confidentiality

  1. You undertake to keep confidential Our technical and commercial information which has become known to You in the result of execution of this Agreement, save for the publicly available information. You shall not transfer such information to any third party without Our prior written consent.

15. Intellectual property

  1. You acknowledge and agree that any and all titles, interests and Intellectual Property Rights that exist now, and all such titles, interests and rights subsequently acquired by Us to the Site, Genome User Portal and Eco-System Genome in its entirely, including without limitation to all information, content and material contained therein, are owned or licenced by Us and are protected by intellectual property laws and / or international treaty provisions.
  2. Nothing in these T&Cs grants You any legal rights to the Site, Genome User Portal and Eco-System Genome other than as necessary to enable You to access Genome Wallet and obtain Genome Services.
  3. You acknowledge that, under no circumstances, You will acquire any title or interest to any part of the Site, Genome User Portal, Eco-System Genome or their contents. You may not reproduce, store, share, distribute or use any of the information, content and material contained on the Site, Genome User Portal or Eco-System Genome, either in whole or in part, without Our or the respective owner’s prior written consent.

16. Trademarks

  1. Genome name and logos are trademarks of Genome and / or Our affiliates. Other marks, graphics, icons, names and logos used or displayed on or through the Site, Genome User Portal and the described or offered products or services are trademarks, trade dress and / or service marks of Genome, Our affiliates or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Genome.
  2. You must not copy or use any of the abovementioned trademarks, trade dress and / or service marks, in whole or in part, without Our and the respective owner’s prior written consent.

17. Our liability

  1. You agree that We consider any Transaction executed by Us as per instructions provided via Your Genome User Portal and authorised according to these T&Cs as executed correctly and duly authorised by You personally.
  2. You are obligated to check the information about the executed Transactions at least one (1) time per month.
  3. Where You are a Consumer, You may be entitled to obtain a refund from Us of the full amount of the Transaction that was not authorised by You, or was incorrectly executed by Us only if You notify Us in writing without undue delay by e-mail using the e-mail address provided in Article 30 below and / or through any other contact tools which We make available to You from time to time on becoming aware of any such Transaction giving rise to a claim and no later than thirteen (13) months after the debit date.

    You accept that You will not be entitled to obtain a refund from Us if You failed to notify Us that the Transaction was not authorised by You, or was incorrectly executed by Us within thirteen (13) months after the debit date, provided that We made available to You the information on the Transaction in accordance with these T&Cs. In such a case You shall bear all the losses relating to the unauthorised or incorrectly executed Transaction.
  4. Where You are contracting Us not as a Consumer, We shall be liable for losses You incur in the result of the Transaction that was not authorised by You, or was incorrectly executed by Us only if You notify Us in writing without undue delay by e-mail using the e-mail address provided in Article 30 below and / or through any other contact tools which We make available to You from time to time on becoming aware of any such Transaction giving rise to a claim and no later than one (1) month after the debit date.

    You accept that We shall not be liable for losses You incur in the result of the Transaction that was not authorised by You, or was incorrectly executed by Us if You failed to notify Us about any such Transaction without undue delay or within one (1) month after the debit date, provided that We make available to You the information on the Transaction in accordance with these T&Cs. In such a case You shall bear all the losses relating to the unauthorised or incorrectly executed Transaction.
  5. You shall bear all the losses relating to the unauthorised Transactions, if You acted fraudulently or failed with intent or gross negligence to comply with the security measures required under these T&Cs to keep Your Genome Wallet safe.
  6. Where You are a Consumer, You shall bear the loses, up to a maximum of EUR 50, relating to the unauthorised Transactions resulting from the use of a lost or stolen Log-in Details or other Genome Security Credentials or from the misappropriation of Genome Wallet if You failed to comply with the security measures required under these T&Cs to keep Your Genome Wallet safe and / or failed to notify Us without undue delay that Your Log-in Details or other Genome Security Credentials have been lost, stolen, misappropriated, used without authorisation or otherwise compromised.

    If You are contracting Us not as a Consumer, Your liability under this clause shall not be limited and You shall bear all the losses relating to the unauthorised Transactions resulting from the above.
  7. You shall not bear any financial consequences resulting from the use of a lost or stolen Log-in Details or other Genome Security Credentials or from the misappropriation of Your Genome Wallet which occurs after notifying Us, without undue delay, that Your Log-in Details or other Genome Security Credentials have been lost, stolen, misappropriated, used without authorisation or otherwise compromised, except where You have acted fraudulently.
  8. Unless You are a Consumer, where You deny having authorised an executed Transaction or claim that the Transaction was not correctly executed by Us, the burden shall be on You to prove that the Transaction was not authenticated, accurately recorded, entered in the accounts or was affected by a technical breakdown or some other deficiency of the service provided by Us.
  9. You shall provide Us with all available information about any unauthorised entrance into Our System, as well as about any illegal actions of third parties performed in the result of such unauthorised entrance. You undertake to assist Us in investigating of the unauthorised or incorrectly executed Transactions.
  10. In case of the improperly execution of the Transactions, We are liable only due to Our fault. We are not liable for third parties’ mistakes.
  11. If You are initiating the Transaction order or executing the Transaction order by identifying a Unique Identifier, such Transaction order shall be deemed to be executed properly if it was executed according to the specified Unique Identifier. We have the right, but We are not obliged to check whether the Unique Identifier presented in the Transaction order received by Us corresponds to the account holder's name and surname (name).
  12. If the Unique Identifier is presented to Us with the account to be credited or debited from the account, the Transaction order is deemed to be executed properly if it was executed according to the specified Unique Identifier. If We carried out the said inspection (for example, in the prevention of money laundering risk) and find out clear mismatch between the Unique Identifier submitted to Us and the account holder's name, We have the right not to execute such a Transaction order.
  13. If You (Payer) initiate properly the Transaction order and Transaction is not executed or executed improperly, We, at Your request, shall immediately and without charge take measures to trace the Transaction and to inform You about results of the search.
  14. We are liable for the properly initiated Transaction order with the terms set forth by these Terms and / or additional agreements signed between Us and You.
  15. We are liable for the not applying the commission fees or giving back the already paid commission fee in case if the Transaction order was not executed or executed improperly due to Our fault.
  16. We are not liable for the indirect losses incurred by You and related to not executed Transaction order or improperly executed Transaction order. We may be liable only for Your direct losses in accordance with the provisions of these T&Cs.
  17. Limitations of Our liability shall not be applied if such limitations are prohibited by the applicable law.
  18. The conditions of the re-payment of the amount of the Transactions of the Payee or initiated by the Payee are the same as they are set forth in Law on Payments of the Republic of Lithuania, unless otherwise agreed between You and Us as the parties to this Agreement.

18. Limited liability. Indemnification

  1. Without prejudice to other provisions of these T&Cs that exclude or limit Our liability under these T&Cs, You accept and agree that to the fullest extent permitted under the applicable laws and regulations We shall not be liable:
    1. for any (i) indirect; (ii) consequential; (iii) special; (iv) exemplary; (v) punitive; or (vi) incidental damages of any kind arising out of these T&Cs, including without limitation damages for loss or non-receipt of income, profit, revenue or savings, waste of management or office time, business interruption, loss of business information, loss of goodwill or business reputation, loss of Your business, even if We have been advised of the possibility of such damages;
    2. for the goods and services that You sale, supply, provide or receive using Your Genome Wallet for payment purposes, including without limitation for the quality, performance, safety and legality of such goods or services, as well as for their actual delivery;
    3. for illegal actions of third parties performed in the result of unauthorised access to Your Genome Wallet, as well as for illegal documents and information provided by such persons;
    4. for the correct performance of the withdrawal / payout transfer request if We can prove that Payment Service Provider involved into receiving funds by You or Your Partner received the payment within appropriate time period. We shall, on Your request and free of charge, make immediate efforts to trace a non-performed or defectively performed withdrawal / payout transfer request and notify You on the outcome;
    5. for any losses or damages You incur in the result of suspension of Your Genome Wallet and Genome Services, termination of any or all of Genome Services or products, termination of this Agreement and closure of Your Genome Wallet according to the provisions of these T&C;
    6. for any viruses or other malware suffered by the computer or other system, software or equipment therefrom You access and use Your Genome Wallet or Genome Services;
    7. for non-performance or breach of these T&Cs and any losses or damages You incur in the result of such non-performance or breach because of errors, illegal intervention, viruses or other malware suffered by Our System, as well as because of other interruptions of Our System;
    8. for the interruptions of Our System caused by regular operational maintenance or update of Our System that limited access to or use of Your Genome Wallet or Genome Services;
    9. for any costs, fees and charges, including costs on currency conversion, of persons, such as Payment Service Providers (e. g. banks) and international payment card associations or networks, related to execution of the top-up payments, withdrawal / payout transfers, as well as for acts, errors or omissions of the same with respect to Your funds;
    10. for assessment and payment of any taxes, duties and other relevant charges that may arise from Your activity with the use of Genome Wallet or Genome Services. You are solely responsible for assessment and payment of any tax obligations and other relevant duties and charges whatsoever;
    11. for any losses or damages You incur in the result of Your failure to comply with the applicable laws and regulations;
    12. for any losses or damages You incur in the result of Our compliance with the requirements of the applicable laws and regulations;
    13. for non-performance or breach of these T&Cs or delay in performance of Our obligations under these T&Cs, as well as for any losses or damages You incur in the result of such non-performance, breach or delay, if it was caused by abnormal and unforeseeable circumstances beyond Our control, including without limitation Your or third parties’ actions or inactivity, bank delays, acts of God, war (whether declared or not), acts of terrorism, invasion, fire, strikes, lock-outs or any other industrial action, acts, decisions, regulations, restrictions of any competent authorities, malfunction or unavailability of Internet, telecommunications, networks, computer or other systems, major operational or security incidents, or other circumstances beyond Our control, which make it practically impossible for Us to comply with the provisions of these T&Cs. We will take all reasonable efforts to end such circumstances, as well as will notify You about their occurrence as soon as reasonably possible;
    14. consequences arising after We legally terminate these T&Cs, close Your Genome Wallet, suspend it or otherwise limit access to it, also after reasonable limitation or termination of provision of a part of Our services;
    15. for Your failure to fulfill Your own contractual obligations and damages, in case it was caused due to Our fulfilling duties determined by the law.
  2. You are required to ensure that You make or receive Transactions, payout transfers to / from natural or legal persons for the sale or supply of goods and services You provide or receive in compliance with any applicable laws and regulations.

    For the avoidance of doubt, the fact that E-Money or its monetary value has been sent or received through Genome Wallet does not confirm the legality of sale or supply of goods and services You provide or receive. We do not control and are not responsible for quality, performance, safety and delivery of goods and services that are paid for using Genome Wallet or Genome Services.

    You must refrain from the Transactions, payout transfers if You are not sure in the legality of sale or supply of goods and services that You provide or receive. We shall not be liable for any losses and damages incurred by You or any other person in the result of Your failure to comply or to check whether the merchant complies with the applicable laws and regulations when sale or supply goods or provide or receive services.
  3. In the event that the applicable laws and regulations do not allow to exclude Our liability under this Agreement, and unless it is prohibited under the law, Our liability under this Agreement shall be in all cases limited to the direct foreseeable damages You incurred in the result of Our breach of these T&Cs and shall not exceed the total amount of fees You paid to Us while use Your Genome Wallet during last three (3) months of cooperation.
  4. Without prejudice to other provisions of these T&Cs and to the fullest extent permitted under the applicable laws and regulations, You agree to defend, indemnify and hold Us and Our third party providers harmless from and against any and all liabilities, losses, damages, claims, demands, actions, suits, investigations, proceedings, costs, expenses, fees (including attorney’s fees), fines, penalties, forfeits applied to or imposed on Us or Our third party providers in connection with any breach, violation or alleged violation by You or by any person authorised by You, including Your Representative, of these T&Cs and / or applicable laws or regulations.

    You give a continues consent to Us to retain and deduct from the Balance of Your Genome Wallet, as well as from the funds transferred to top-up Your Genome Wallet the amounts of funds You owe to Us. We will notify You about the reasons for retaining and / or deduction without undue delay.

19. Suspension of genome wallet

  1. We reserve the right to temporarily suspend Your Genome Wallet:
    1. if We have grounds to suspect or have been notified by You that Your Log-in Details or other Genome Security Credentials have been lost, stolen, misappropriated, used without authorisation or otherwise compromised, and / or Your Genome Wallet is used by unauthorised persons, for fraudulent purposes, or because for other objectively justified reasons relating to the security of Your Genome Wallet;
    2. before You complete, to Our satisfaction, verification procedures and other checks carried out by Us under these T&Cs;
    3. in the event of operational maintenance, update or errors of Our System, as well as in case of illegal intervention, viruses or other malware suffered by Our System;
    4. in case of abnormal and unforeseeable circumstances beyond Our control, as detailed in clause 18.1 (m) above;
    5. if You breach or We have grounds to suspect that You may be in breach of the prohibitions set out in Article 12 above and / or are involved into activities included into the List of Prohibited Activities;
    6. where You are a legal person, in the event of change of Your Representative and / or cancelation or expiry of the documents confirming the powers of such Representative to act on Your behalf for the purposes of this Agreement until We verify the identity of the newly appointed or empowered Representative and / or receive the updated documents confirming his / her powers;
    7. if We are required to do so by law.
  2. You accept that if We suspend Your Genome Wallet We will restrict You, at Our absolute discretion, in using all or part of functions of Your Genome Wallet and / or Genome Services. You may not be able to make or receive Transactions, withdraw / send funds from Your Genome Wallet, top-up or otherwise use Your Genome Wallet or Genome Services, as well as to enter in Our System at all. We may refuse in execution of Transactions or other instructions provided by You while Your Genome Wallet is suspended.
  3. We will inform You of the suspension of Your Genome Wallet and reasons for it by e-mail at Your verified e-mail address with Us, where possible, before Your Genome Wallet is suspended and at the latest immediately thereafter, unless providing such information would compromise objectively justified security reasons or is prohibited by law.
  4. We reserve the right to suspend Your Genome Wallet for a period up to thirty (30) days and will lift suspension once the reasons for it have ceased to exist. You accept that We may extend this period in the event that reasons for suspension continue to exist.

    You understand that when We suspend Your Genome Wallet We act in Your, Our or third parties’ interests.

20. Termination. Closure of genome wallet

  1. We reserve the right to terminate this Agreement with immediate effect and close Your Genome Wallet in the following cases:
    1. You failed to comply with Our requests to complete verification procedures and other checks carried out by Us and / or verification procedures and other checks carried out by Us under these T&Cs are not completed to Our satisfaction, including without limitation the case where We are not able to identify beneficiaries of You as a legal person, and / or You provided Us with untrue or incorrect information in the course of such procedures or checks;
    2. We are not able to check accuracy of the information You provided to Us in the course of verification procedures and other checks carried out by Us;
    3. You breach or We have grounds to suspect that You may be in breach of any of the representations and warranties set out in clause 3.1 above or provided Us with untrue, inaccurate or uncomplete information with respect to such representations and warranties;
    4. You breach or We have grounds to suspect that You may be in breach of the prohibitions set out in Article 12 above and / or are involved into activities included into the List of Prohibited Activities;
    5. You breach or We have grounds to suspect that You may be in breach of any laws or regulations applicable to Your use of Genome Wallet, Genome Services or products;
    6. if Your activity is likely to harm operation of Our System, Our or third parties’ justified interests, goodwill or business reputation;
    7. for the objectively justified reasons relating to the security of Your Genome Wallet;
    8. You are subject of bankruptcy, insolvency, restructuring, reorganization, liquidation or other similar proceedings or procedures;
    9. in case of change of control over You as a legal person;
    10. if You are a natural person and You die;
    11. We are required to do so by the applicable laws or regulations;
    12. We received a lawful requirement to do so from the respective regulator or any other competent authority;
    13. We cease to be authorised to supply You with Genome Wallet or provide any of Genome Services or products;
    14. We are not able to provide Genome Services because third party provider involved into provision of Genome Services ceased and / or is not able to provide required services or products to Us;
    15. there are no payment transactions on Your Genome Wallet for a period of one (1) year, except payment of fees charged by Us from time to time for maintenance of Your Genome Wallet. You accept that in such a case We also reserve the right to apply dormancy account fee, as detailed in Genome Fees and Charges;
    16. in other cases where You breach or We have grounds to suspect that You may be in breach of any provisions of these T&Cs or any other conditions applicable to Our services and products.

      We will notify You once We decide or will be required to close Your Genome Wallet. Unless otherwise required by the applicable laws and regulations or may compromise security measures, We will provide You with the reasons for closure of Your Genome Wallet.
  2. We may terminate this Agreement unilaterally or stop providing any or all of Genome Services or products at any time without indicating the reason by giving You at least two (2) months’ prior notice to be sent to Your verified e-mail address with Us.
  3. You may terminate this Agreement by one (1) month prior written notice to be sent to Us by e-mail using the e-mail address provided in Article 30 below and / or through any other contact tools which We make available to You from time to time.

    Where You are a Consumer, termination of the Agreement shall be free of charge for You. If You are contracting Us not as a Consumer, where the Agreement has been in force less than six (6) months, We may apply termination fee, as detailed in Genome Fees and Charges.

    You may also terminate this Agreement free of charge and with effect at any time until proposed date of entry into force of changes to these T&Cs, as detailed in clause 21.4 below.

    Fees for the use of Genome Wallet or Genome Services levied by Us on a regular basis shall be payable by You only proportionally up to the termination of the Agreement. If such fees are paid by You in advance, they will be reimbursed proportionally by Us.

  4. Upon termination of the Agreement We will not execute any new instructions provided to Us with respect to Your Genome Wallet. We will only execute pending Transactions and withdrawal / payout transfer requests authorised by You prior to termination of the Agreement, provided that all verification procedures and other checks carries out by Us are completed to Our satisfaction.
  5. In case of termination of this Agreement any and all fees, charges and other costs You owe to Us (including without limitation fees and charges for the use of Genome Wallet and Genome Services, as well as fines, penalties, forfeits, losses and damages incurred by Us or imposed on Us because of Your breach of these T&Cs) shall be paid by You. The respective amounts will be deducted from the Balance of Your Genome Wallet. By accepting these Terms You provide Us with a consent to make such deductions.

    If the Balance of Your Genome Wallet is insufficient to pay all of the above, You are obliged to top-up Your Genome Wallet with the sufficient amount of funds within three (3) business days.

    Termination of the Agreement does not exempt You from the liability applicable to You before such termination.
  6. In case of termination of this Agreement We will ask You to provide Us with the details of Your payment account in another financial institution thereto We can transfer the remaining Balance of Your Genome Wallet (if any), which means that We may require from You to confirm that You are the named holder of such payment account.

    We will redeem E-Money held on Your Genome Wallet, at its nominal monetary value, and transfer the funds (monetary value of E-Money) as per the provided payment details in the event that the withdrawal method chosen by You is supported by Us, You are the named holder of the payment account, all verification procedures and other checks carried out by Us are completed to Our satisfaction, including those required to rise limits of Your Genome Wallet (where applicable), and if We are not otherwise instructed by Our internal policies and / or restricted or prohibited from doing so by law.

    You undertake to comply with all Our requests to complete the respective verification procedures and other checks carried out by Us to mitigate the risk of fraud or other illegal activities and to comply with the AML / CFT requirements.

    You accept that in certain cases, such as fraud or other illegal activities suspicion, or due to AML / CFT reasons verification procedures and other checks carried out by Us may take up to 180 days. If You breach or We have grounds to suspect that You may be in breach of AML / CFT requirements We reserve the right to indicate in the payment details that Your Genome Wallet was closed due to AML / CFT reasons.

    Other provisions of these T&Cs for redemption of E-Money and withdrawal of funds from Genome Wallet to Your payment account shall apply to such transfer.
  7. You agree that if You do not provide Us with the details of Your payment account in another financial institution thereto We can transfer the remaining Balance of Your Genome Wallet (if any) and / or fail to comply with Our requests to complete verification procedures and other checks carried out by Us, funds held on Your Genome Wallet on the date of termination of this Agreement will remain with Us until We receive requested payment details from You and / or You complete verification procedures and other checks carried out by Us and / or until otherwise is or will be required by the applicable laws and regulations.

    As an exception and unless We are prohibited from doing so by law, after receiving from You a reasonable explanation supporting with the respective documents why You do not have and are not able to open payment account in another financial institution, as well as upon completion, to Our satisfaction, of the additional verification procedures and other checks carried out by Us that may take up to 180 days, We reserve the right, but are not obliged, to transfer the remaining Balance of Your Genome Wallet (if any) to a payment account of third party provided by You.
  8. Termination of this Agreement means closure of Your Genome Wallet with Us.
  9. Liability, indemnification and other provisions of these T&Cs of survival nature shall survive termination of this Agreement.
  10. We, as a regulated electronic money institution, are obliged under the applicable laws and regulations, including AML / CFT requirements, to record and store during the term of this Agreement, as well as after its termination Your payment information and all payment transactions history of Your Genome Wallet. For more details regarding the data storage including the storage period, please refer to Our Privacy Policy.

21. T&Cs changes

  1. Without prejudice to other provisions of these T&Cs, We reserve the right to change these T&Cs at any time for any of the following reasons (without limitation):
    1. changes are favorable for You;
    2. changes are expected to make provisions of these T&Cs clearer and easier to Your understanding;

    3. changes are required to reflect changes or expected changes in Our internal policies or applicable laws or regulations, or to reflect a relevant demand, decision or recommendation of any court, regulator or other competent authority;
    4. changes need to cover security improvements of Our System, improvements in Genome Services or products, introduction of a new and / or replacement or withdrawal of the existing service or product;
    5. changes are required to reflect increase of Our fees or charges, as well as introduction of additional associated costs, and / or to reflect changes or expected changes in costs We incur when provide services or products to You.
  2. A revised edition of these T&Cs will be placed on the Site. Notice about changes to these T&Cs will be also given to You by e-mail at Your verified e-mail address with Us.
  3. Changes to these T&Cs are subject to at least two (2) months advance notification before their proposed date of application. If You do not notify Us that changes to these T&Cs are not accepted by You before the proposed date of their entry in force, You will be deemed to have accepted such changes and be bound by the updated or amended T&Cs.

    In the event that You do not accept or reject changes to these T&Cs, You have the right to terminate this Agreement free of charge and with effect at any time until the date of their proposed date of entry into force. Your notice rejecting changes to these T&Cs will be deemed as a notice of termination of this Agreement. This means that We will close Your Genome Wallet.
  4. You are not entitled to unilaterally change, amend or alter provisions of these T&Cs.

22. Assigment

  1. Genome Wallet and this Agreement are personal to You. No person other than You has any rights in relation to E-Money held on Your Genome Wallet, except in cases of succession. You may not novate, assign, transfer, sub-contract or otherwise grant any rights, obligations, claims or legal interest under this Agreement and in respect of or over Your Genome Wallet to any third party.
  2. In the event that You authorise a third party to act on Your behalf (subject to Our prior written consent) any instructions provided to Us by such an authorised person will be treated by Us for the purposes of this Agreement as the instructions that have been duly authorised and provided by You.
  3. We reserve the right to assign Our rights and obligations under this Agreement to any third parties at any time without Your consent, provided that such an assignment will be in compliance with the applicable laws and regulations.

23. Language

  1. The formal language of these T&Cs, information and documents to be provided by You under these T&Cs, as well as communication between You and Us, is English. The provisions of these T&Cs in English shall prevail over any other language that may be used in Our communication with You (where so required). Using in Our communication with You of any other language is exclusively for informal purposes and in no way shall alter, change or modify these T&Cs.

24. Communications

  1. Notifications, statements, reports and any other communications related to the use of Genome Wallet and Genome Services shall be transmitted to You by posting on Your Genome User Portal and / or by e-mail or phone at Your verified e-mail address or phone number with Us. You consent to receive notifications, statements, reports and any other communications related to the use of Genome Wallet and Genome Services by e-mail and phone. For the avoidance of doubt, You consent to receive SMS or text messages to the phone number You provided to Us.
  2. Notifications, statements, reports and any other communications shall be deemed transmitted to You when posted or sent by Us and shall be deemed received by You personally.

    You are required to check the Site, Your verified e-mail address and phone number with Us, as well as to enter into Our System regularly in order to timely be acquainted with any notifications and other communications provided to You. You accept that Your failure to comply with this requirement may result in loss of notifications that may impact Your rights and obligations under these T&Cs.
  3. You understand that Genome Wallet is accessed through the Internet and, therefore, accept that there may be a time lag or delay in delivery of communications to You. We shall not be liable for any such delays.

25. Severability

  1. All the provisions of these T&Cs are distinct and severable.
  2. If any court or other authority of competent jurisdiction finds any provision or part of any provision of these T&Cs to be invalid, unenforceable or illegal, this shall not impair the operation of these T&Cs or affect the other provisions, which are valid.
  3. If any provision or part of any provision of these T&Cs is inconsistent with the applicable laws and regulations, the requirements of the applicable laws and regulations override these T&Cs in the part of their inconsistency.

26. No waiver

  1. Failure or delay by Us to exercise any right, power or remedy under these T&Cs or to require or enforce strict performance by You of any provision of these T&Cs and any supplemental or incorporated documents or policies shall not be regarded as a waiver or relinquishment of any such right, power or remedy.

27. Heading

  1. All the headings of these T&Cs are used for convenience of reference only and are not deemed to affect the meaning of any of the provisions of these T&Cs.

28. Governing law

  1. The construction, validity and performance of these T&Cs, as well as any rights, obligations, claims or disputes arising out of them shall be governed in all respects by the laws of the Republic of Lithuania.
  2. Genome Wallet and Genome Services can be accessed from numerous places and countries (subject to the List of Allowed Countries and Territories). That shall not be understood as venue or consent to that local jurisdiction as We did not avail ourselves to any local jurisdiction other than the one stated and expressly implied in these T&Cs.

29. Complains and disputes

  1. If You have any complaints relating to the use of Genome Wallet or Genome Services, You may submit such complaints to Us by e-mail using the e-mail address provided in Article 30 below and / or through any other contact tools which We make available to You from time to time. Any complaint You sent will be considered and settled in accordance with Our complaints resolution procedures.
  2. A complaint sent to Us shall contain a detailed description of circumstances and reference to the documents which are the basis for the complaint. You shall submit any complaint You have to Us no later than within three (3) months after You become aware that Your rights have been violated.
  3. We will take all reasonable efforts to consider, settle and provide a reply to Your complaint promptly.
  4. We will provide You with Our reply to Your complaint within fifteen (15) Business Days of its receipt, unless other period is established by the applicable laws and regulations binding to Us.
  5. In exceptional situations, for the reasons beyond Our control, where We are not able to provide You with Our reply within the above indicated period, We will send You a holding reply with the reasons for delay in answering and specify the deadline by which You will receive the final reply, but it shall not be longer than thirty-five (35) Business Days from the date of receipt of Your complaint.
  6. Consideration of complaints sent to Us is free of charge.
  7. We do not guarantee that any complaint You sent to Us will be settled to Your satisfaction, but We encourage You to send any complaints You have to Us firstly, so that We will try to settle a dispute amicably.
  8. In the event that You are not satisfied with Our reply to Your complaint or do not receive Our reply within the above specified periods, You may use other legal remedies to protect Your rights.
  9. Where You are a Consumer, You may refer a claim or complaint You have to Us to the Bank of Lithuania within one (1) year following the procedures set out by the applicable laws and regulations. The complaint to the Bank of Lithuania may be submitted by following:
    1. via the electronic dispute settlement facility E-Government Gateway;
    2. by completing a Consumer application form which may be found in the website of the Bank of Lithuania and by sending it to the Supervision Service of the Bank of Lithuania, Žirmūnų g. 151, LT-09128, Vilnius, Lithuania or by email pt@lb.lt
    3. by filling out a free-form application and sending it to Supervision Service of the Bank of Lithuania Žirmūnų g. 151, LT-09128, Vilnius, Lithuania or by e-mail – pt@lb.lt
    4. More information about the procedure of submitting the compliant to the Bank of Lithuania may be found at https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider
  10. If We are not able to settle a dispute amicably, such a dispute can be settled by court.
  11. You accept that in case of a dispute between You and Us We reserve the right to retain disputable funds until respective dispute is settled. In such a case You will be limited in disposal (including withdrawal / payout) of E-Money held on Your Genome Wallet. You also accept that We may froze funds held on Your Genome Wallet at the lawful request, including freezing, injunction or any other applicable order of court or other competent authorities. We will notify You about retention or freeze of funds without undue delay.
  12. The competent courts in the Republic of Lithuania shall have exclusive jurisdiction in any legal matter arising from or related to these T&Cs, save for cases when a dispute shall be resolved by the competent courts of another jurisdiction according to the requirements of European Union legislation. Nothing standing above shall prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.

30. Contacts

  1. To contact Us, please use the following contact details:

    E-mail: support@genome.eu

    Site: https://genome.eu/contact/

    Address: Žalgirio g. 88, LT-09303, Vilnius, Lithuania

    From time to time We may provide You or make available to You other tools that You can use to contact Us, such as ticket messaging system accessible via Genome User Portal where You will be able to give rise to a ticket.

    We will notify You about changes in Our contact details or contact tools available to You by e-mail. The respective notification will be also posted on Your Genome User Portal.

    Our Customer Support Team is normally available on Business Days during business hours 9 AM - 5 PM (Vilnius time), except for the public holidays.

    These Terms last modified on [------------] 2018