These Terms of Service apply to your use of the services of the VARTO mobile wallet, by Zugersee Financial AG. You must read them carefully and you may request a copy at any time.

You understand and confirm that by accepting this Agreement during the VARTO registration process through User Interface in Varto mobile application, you agree to abide by this Agreement concerning your use of the Services, and you also agree to our Privacy Policy which forms part of this Agreement.

If there is any part of this Agreement you do not understand or wish to clarify, please contact us.

1. Definitions

1.1. The following words and expressions used in the Agreement have the following meaning:

1.2. The terms defined in the singular above may be used in the plural, and vice-versa, with no further adjustment of meaning. Clause headings in this Agreement are included for convenience purposes only and may not be used to interpret the provisions of this Agreement.

2. Introduction

2.1. All communications between you and us shall be in the English language. Where any translation of this Agreement or parts thereof in another language are available, such translation is for informal purposes only and does not alter or take precedence over the provisions of this Agreement, and the provisions of this Agreement in the English language shall prevail.

3. Contact Information

3.1. Our contact details are provided at the following weblink https://zuger-see.com/#contact. To contact us, please reach out to one of our offices or email to our customer service at support@zuger-see.com, unless otherwise stated in the Agreement.

3.2. If you have any knowledge or suspicion that your Wallet, or any password, has been misappropriated or otherwise compromised, please send an email to support@zuger-see.com.

4. Client care and complaints

4.1. If we do not deliver the standard of service expected by you, or if you believe that we have made a mistake, you may inform us accordingly. Such a complaint should be raised in the first instance through our customer service. We will then investigate and, where appropriate and necessary, take immediate action to rectify the situation. We also undertake to take the necessary steps to prevent a recurrence.

5. Opening a Varto Account

In order to use some or all of the Services, you must first open a Varto Account by providing certain information. For legal reasons, all information you provide during the signup process or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information up-to-date in your Varto Account profile. To make changes to your profile, login here and then go to your account page. We may refuse to provide or may discontinue providing the Services to any person or entity at any time for any reason.

We treat all activities under a Varto Account to be those of the registered user. You must only use the Services to transact on your own account and not on behalf of any other person or entity. You may only open one Varto Account unless we explicitly approve the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Varto may close or merge these duplicate accounts without notification to you.

6. Account Security

You, not Varto, are responsible for maintaining adequate security and control of any and all IDs, passcodes, or any other details that you use to access your Varto Account and the Services. You must never disclose your Varto Account passcode. Keep it safe. Change your passcode regularly. We will never ask you to provide your passcode to us or to a third party. Tell us if anyone asks for your passcode, and contact Customer Support if you are not sure about this, or any other security-related aspect of your Varto Account. You must never let anyone access your Varto Account or watch you accessing your Varto Account.

If you suspect your Varto Account, login details, password or any other security features are stolen, lost, used without authorization or otherwise compromised, you are advised to change your passcode. Contact Customer Support immediately if you believe your credentials have been compromised or you are suspicious about the security of your password or any other security features. The compromise of your credentials could enable thieves to access your bank account and attempt transactions not authorised by you. Telephoning us is the best way to minimise your risk of loss. In addition, contact us at once if your transaction history for your Varto Account shows transactions that you did not initiate. We rely on you to regularly check the transactions history of your Varto Account and to contact Customer Support immediately in case you have any questions or concerns.

We may (but are not obligated to) suspend your Varto Account or otherwise restrict its functionality if we have concerns about the security of the Varto Account or any of its security features; or potential unauthorised or fraudulent use of your Varto Account or any of its security features.

You must make sure that your e-mail account(s) are secure and only accessible by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your Varto Account. Let Customer Support know immediately if your email address becomes compromised. Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded. Additional Varto products or Services you use may have additional security requirements, as notified to you by us, and you must familiarise yourself with those requirements.

In the case of what you believe to be any incorrect or misdirected payment, please see Protection from Unauthorised Transactions, Cancellation of your currency conversion order, and Error Resolution below.

7. Verification

If you open a Varto Account and use certain Services, federal law requires that we verify some of your information. You authorise Varto to make any inquiries we consider necessary to validate your identity. These may be made directly or through third parties, including checking commercial databases or credit reports. We may need to ask you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you. This could include requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. We may also ask to see your driver’s licence or other identifying documents at any time. Varto reserves the right to close, suspend, or limit access to your Varto Account and/or the Services in the event we are unable to obtain or verify this information.

8. Our Services

8.1. Uploading Money

You may upload money in supported currencies into your Varto Account in order to transfer money. You can upload money through one or more methods, for example, bank transfer (ACH or wire), credit cards or debit cards. The number of methods available to you will depend on a number of factors including where you live and your verification status with us, as well as other factors. We will credit your Varto Account once we have received your money, and we are not responsible for the money you have uploaded until we have received it.

Uploading Money by Direct Debit (ACH Pull)

If you choose to upload money using our automated clearinghouse (ACH) pull direct debit feature, you will need to provide your bank login details or bank account details, including your bank account number and routing number. When you choose to upload money using our ACH pull direct debit feature and provide your details, you confirm that your details are correct, that you are authorised to access and transmit funds from your bank account, that your bank account is in good standing with the account-holding financial institution, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from your bank account.

When you choose to upload money using our ACH pull direct debit feature and by providing your bank account details and requesting a transaction, you authorise us to initiate electronic credits and debits to your bank account through the ACH network, including any applicable fees and charges, and this authorization shall remain in effect so long as you are a registered user with the Service unless cancelled in accordance with this Customer Agreement.

Other Information About Uploading Money

No other payment methods are accepted, including cash, mailed check, or electronic check. For legal, security, or other reasons, there may be financial limits for particular payment methods or currencies, or for how much you can upload into your Account.

8.2. Receiving Money into your Borderless Account

The number of methods made available to you for receiving money into your Account will depend on a number of factors including where you live and your verification status with us. We cannot guarantee the use of any particular upload method and may change or stop offering a particular upload method at any time without notice to you.

You are not permitted to receive payments by other payment methods, including cash, mailed check, or electronic check. There may be financial limits for particular payment methods or currencies.

When someone sends money to your Account using a method that we support, the money will appear in your Account. You should check the incoming funds in your Varto Account against your own records regularly and let us know if there are any irregularities.

8.3. Receiving Money into your Account by ACH Push

In certain currencies, we may provide to you specified bank account details that you can in turn provide to third parties so that they can send money to your Account using the ACH push transfer method. These account details are offered by our third-party banking partner(s). If you choose to receive money using this method, you will not have access to such funds until we receive the funds into our specified account.

You acknowledge that the money received in your Account via this method may be subject to Reversal or Chargeback and you agree that we may deduct the received amount from your Account if it is cancelled or reversed by the person who paid you the amount or any relevant payment services provider. If for any reason the transaction is cancelled or refused, then we will promptly return the deposit to the bank account from which the transaction originated. SIn the event that we are unable to return the deposit, then we will promptly contact you using the most current contact information provided to us when you registered for your Account.

If you provide the account details we provide to you to a third party, you agree that you will not impose a surcharge or any other fee solely for accepting payment through a Service offered by Varto.

8.4. Transferring Money or Withdrawing Money from your Account

You may Transfer money you have uploaded, or withdraw money from your Account by:

• Sending it to your own bank account linked to your Varto Account through ACH push;
• Sending it to another Varto customer’s account;

When you Transfer money, you will be charged a fee, which is referenced in the Currency Conversion Section. In addition, you will be charged a fee for each withdrawal from your Account. We will let you know the exact amount of the fee when you submit your request.

When setting Transfer orders or withdrawal requests, you must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient as a result of incorrect information provided by you. If you have provided the wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee that such efforts will be successful.

Once we have received your Transfer order, we will send you a confirmation by email that we have received it. Each Transfer order is given a unique transfer number which is shown in the transaction history in your Varto Account on the Website. You should quote this transfer number when communicating with us about a particular Transfer.

8.5. Limits on Withdrawal and Transfer

You agree that your Account is subject to withdrawal limits. If your withdrawal request exceeds the current limit, we may decline your request and require you to provide additional documents to us so that we could carry out additional checks or impose additional obligations before allowing the money to be withdrawn.

8.6 Delay in Withdrawal or Transfer

We do not have any control over the time it may take for your or a recipient’s bank or payment provider to credit and make available funds to you or your recipient once we make the funds available to you or the recipient’s bank or payment provider.

We may delay a withdrawal or Transfer, in certain situations, including if we need to confirm that the withdrawal has been authorised by you.

8.7. Cancellation of a Transfer order

You have the right to cancel a Transfer order for personal, family or household purposes and obtain a full refund of all funds paid to us, including any fees in connection with that order, within thirty (30) minutes of payment.

You can cancel your transfer by contacting us by telephone or submitting a request in writing through the Help Center. If you contact us to cancel a transfer, please provide us with enough information to enable us to identify the transfer within our system, which may include (1) Your Name and Address or Telephone Number and (2) the Transfer Number or the Name of the Sender, the dollar amount of the transfer, and date of the transfer.

We will issue a refund within three (3) Business Days of your request, provided that the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel an order under any circumstances if the funds have been disbursed or deposited to the recipient.

We may refund cancelled Transfer orders that were initiated from funds held in your Account directly back into your Account . You may withdraw the refunded amount after. In this case, we may waive the fee for withdrawing the cancelled Transfer.

8.8. Closing Your Varto Account

You can close your Varto Account.

You may end this Customer Agreement and close your Varto Account at any time by contacting our Customer Support hotline, or by email through our Help Center. You may terminate your Varto Account with us at any time by contacting Customer Support.

At the time of closure, if you still have money in your Account, you must withdraw your money within a reasonable period of time by following the steps described in Withdrawing or Sending Money above. You must not close your Varto Account to avoid an investigation. If you attempt to close your Varto Account during an investigation, we may hold your money until the investigation is fully completed. You agree that you will continue to be responsible for all obligations related to your Wise Account even after it is closed.

Varto can close your Varto Account

Varto, in its sole discretion, reserves the right to suspend or terminate this Customer Agreement, access to or use of its Service websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services for any reason and at any time upon notice to you and, upon termination of this Customer Agreement, the payment to you of any unrestricted prepaid money held in your balance.

Reasons we may close your Varto Account include, but are not limited to:

• your breach of any provision of this Customer Agreement or documents referred to in this Customer Agreement;
• we are requested or directed to do so by any competent court of law, government authority or agency, or law enforcement agency;
• we have reason to believe you are in violation or breach of any applicable law or regulation;
• or we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

We may also suspend your Varto Account if it has been compromised or for other security reasons; or has been used or is being used without your authorization or fraudulently. See Account Security above for details.

If we close your Varto Account or terminate your use of the Services for any reason, we’ll provide you with notice of our actions and make any unrestricted prepaid money held in your Account available for withdrawal. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by Varto, any other Varto customer, or a third party, caused by or arising out of your breach of this Customer Agreement, and/or your use or the use of your authorized third parties of the Services. You agree to reimburse Varto, any Varto customer, or a third party for any and all such liability.

On termination for any reason, all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.

8.9. Escheatment

If you do not log in to your Varto Account for two or more years, Varto may close your Varto Account and send your prepaid Account balance, if any, to your primary address or, if required, escheat (send) your prepaid Account balance to your state of residency. Varto will determine your state of residency based on the state listed in the primary address for your Varto Account.

8.10. Communications Between You and Us

Varto may communicate with you about your Varto Account and the Services electronically as described in our Electronic Communications Delivery Policy. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, three (3) Business Day after we send it or within five days of posting for international post.

We usually contact you via email. For this reason, you must at all times maintain a valid email address in your Varto Account profile. You are required to check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don’t maintain or check your email and other methods of communication, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this.

In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may, and you agree that we may, also communicate with you via SMS. Any communications or notices sent by Text messages (SMS) will be deemed received the same day.

9. Issues that May Occur

9.1. Reversals and Chargebacks

If you receive a payment that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is reversed, Varto will refund or reverse the transaction from your Varto Account in the same currency as the original transaction. If your Varto Account balance for a particular currency is insufficient to cover the amount of a refund or reversal, Varto will perform a currency conversion in order to refund or reverse the transaction, subject to the exchange rate being offered by Varto in the applicable currencies at that time. For details about what happens if your Varto Account balance becomes negative, please see Negative Account Balances below.

Payments that are reversed

Payments to you may be invalidated and reversed by Varto if:

• Our investigation of a bank reversal (sometimes known as an ACH return) finds that the transaction was fraudulent.
• Varto sent the payment to you in error.
• The payment was unauthorised.
• You received the payment for activities that violated this Customer Agreement, the Acceptable Use Policy, or any other agreement between you and Varto.

When you receive a payment, you are liable to Varto for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason.

Negative Balances

If your Varto Account goes into a negative amount, including as a result of a chargeback, reversal of a transaction, deduction of fees or any other action carried by you or a third party, that negative amount represents an amount you owe to Varto and you promise to repay the negative amount immediately without any notice from us. We may send you reminders or take such other reasonable actions to recover the negative amount from you, for example, we may use a debt collection service or take further legal actions. We may charge you for any costs we may incur as a result of these collection efforts.

Error Resolution

You must make sure that the information you provide to us when you send or withdraw money, or convert currency, is accurate. Once a transaction is processed, it cannot be reversed (except where, and to the extent, required by applicable law) and, except as expressly set forth in this Customer Agreement, we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions (or a third party acting on your behalf).

If you believe there to be an error in connection with a transaction or other problem, then you should notify Varto Support through our Help Center As soon as possible, but no later than 180 days of the date we disclosed to you that a transaction has been completed.

When you do, please tell us as much of the following information as possible: (1) your name and address; (2) the error or problem with the transaction, and why you believe it is an error or problem; (3) the name of the recipient, and if you know it, telephone number or address; (4) the dollar amount of the transfer; and (5) the transfer number.

10. What is an Error and how Errors will be addressed by us

Errors in the Case of Transfers

With regard to Transfers sent for personal, family or household purposes, and the payment amount equals or exceeds $10 USD, the following are considered Errors:

You paid an incorrect amount for your currency conversion order;

Varto made a computational error, such as a miscalculation of the amount the recipient received;

The amount stated in the currency conversion order receipt was not made available to the recipient, unless the problem was caused by extraordinary circumstances outside our control;

Funds were available to the recipient later than the date of availability that was disclosed to you on the currency conversion order receipt or were not delivered, unless, extraordinary circumstances outside our control caused the delay, and we could not reasonably anticipate those circumstances, or delays resulted from fraud screenings, or were caused by requirements of the Office of Foreign Assets Controls or similar requirements, or the transfer was made with fraudulent intent; and

The list of Transfers on our Website does not reflect a Transfer that you made; and

You did not receive any confirmation of your Transfer, such as information required to determine if a Transfer occurred.

If you believe an Error of the type described above occurred, you must duly contact us in accordance with the information above, and we will investigate and determine whether an error occurred within 90 days (although we typically do this within ten (10) business days) after you contact us.

We will inform you of our determination within three (3) Business Days after completing our investigation. If we decide that there was no Error, we will send you a written explanation. You may ask for copies of any documents we used in our investigation. If we determine that an error has occurred, we will offer you the option of obtaining a refund or making available to the designated recipient the funds necessary to resolve the error.

Please note that we are only required to refund fees where we failed to make funds available to the recipient by the date of availability we specified, unless you provided incorrect or insufficient information to us, in which case we are not required to refund fees.

Errors in your Account

With regard to your Borderless Account, the following are considered Errors:

• When money is either incorrectly taken from your Account or incorrectly uploaded into your Account, or when a transaction or Transfer is incorrectly recorded in your Account;
• You send money to a third party or withdraw money, and the incorrect amount is debited from your Account;
• An incorrect amount is credited to your Account;
• A transfer to or from your Account is missing from or not properly identified in your Account statement;
• We make a computational or mathematical error related to your Account;
• You failed to receive confirmation or periodic statement documents that Varto is required to provide to you.

If you believe an Error of the type described above has occurred with respect to your Account, and you duly contact us in accordance with the information above, we will investigate and determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account. For new Borderless Accounts, we may take up to 20 Business Days to credit your Account for the amount you think is in error. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Errors in your Payments via Accounts Transaction

For any errors you experience paying in to your transaction and/or funding your transaction, will be treated as an Error in your Borderless Account, and subject to the reporting process delineated above.

For any errors you experience paying out your transaction and/or sending the funds to your recipient once the funds are already in your balance, will be treated as an Error in the Case of Transfers and subject to the reporting process delineated above.

We will rectify any Errors that we discover. If the Error results in:

You receiving less than the correct amount to which you were entitled, then we will credit your Varto Account for the difference between what you should have received and what you actually received.

You receiving more than the correct amount to which you were entitled, then we will debit your Varto Account for the difference between what you actually received and what you should have received.

Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

through no fault of ours, you did not have enough available funds to complete the transaction;

our system was not working properly and you knew about the breakdown when you started the transaction; or

the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions.

What is not considered an Error

The following are not considered Errors:

If you give someone access to your Varto Account (by giving them your login information) and they use your Varto Account without your knowledge or permission. You are responsible for transactions made in this situation;

Invalidation and reversal of a payment or transaction as a result of the actions described under Reversals and Chargebacks;

Requests for duplicate documentation or other information for recordkeeping purposes;

Delays based on a review of a potentially high-risk transaction;

Your errors in making a transaction (for example, mistyping an amount of money that you are sending).

Delays due to actions of third parties (e.g, your or a recipient's bank).

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Varto Account, you should regularly log into your Varto Account and review the list of your Transfers on the Website. Varto will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

Varto will protect you from unauthorized activity in your Varto Account. When this protection applies, Varto will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction?

An Unauthorized Transaction occurs when money is sent from your Varto Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Varto Account, and sends a payment from your Account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are not considered Unauthorized Transactions:

If you give someone access to your Varto Account (by giving them your login information) and they use your Varto Account without your knowledge or permission. You are responsible for transactions made in this situation.

Invalidation and reversal of a payment as a result of the actions described under Reversals and Chargebacks.

Reporting an Unauthorized Transaction

If you believe your Wise login information has been lost or stolen, call: 1-844-926-4389, or by email us through our Help Center.

Tell us right away if you believe your Varto login information has been lost or stolen, or if you believe that transactions have been made in your Varto Account without your permission using your login information. You could lose all the money in your Varto Account. If you tell us within 60 days after we provide you your Varto Account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.

Also, if your Varto Account statement shows transfers that you did not make, including those made with your Varto login information or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

Linking to Our Website

You may link to our Website, provided that you comply with the terms and conditions of this Customer Agreement, and follow certain rules. You may link to our Website, provided:

• you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
• you do not suggest any form of association, approval or endorsement on our part where none exists;
• you do not frame our Website on any other site;
• you do not refer to any of our Services as “banking” services; and
• the website linking to our Website complies with our Acceptable Use Policy.

We reserve the right to revoke such linking permission without notice and for any reason.

Varto App

In consideration of you agreeing to abide by the terms of this Customer Agreement, we grant you a non-transferable, non-exclusive license to use the App on your device subject to this Customer Agreement and the Appstore Rules. We reserve all other rights. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

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

Information Security

Please see Account Security above for further details on how to keep your Varto Account safe. See also Protection from Unauthorized Transactions.

You are responsible for configuring your information technology, computer programs and platform in order to access our Services. You should use your own virus protection software. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to the Services, or our Website, our servers, computers or databases. You must not attack the Services, including via our Website with any type of denial-of-service attack. By breaching this provision, you would commit a criminal offence under applicable law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030). We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity or other information to them. In the event of such a breach, your right to access and use our Website and/or our Services will cease immediately without notice, and you must immediately cease all such access and use.

Varto’s Rights

Limitation on Varto Liability, Indemnity and Release. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

In no event shall Varto be liable for lost profits or for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of business, loss of security of any information or other materials (including unauthorized interception by third parties of any information or other materials), even if advised in advance of the possibility of such damages or losses, however arising, including negligence, unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.

In addition, to the extent permitted by applicable law, Varto is not liable, and you agree not to hold Varto responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, API, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, or any of the Services; (2) delays or disruptions in our Website software, API, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf and any of the Services; (3) viruses or other malicious software obtained by accessing our websites, API, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or any website or service linked to our websites, software or any of the Services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or any of the Services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Varto Account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Customer Agreement or any other Varto policy.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Varto and its affiliates, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your or your authorized third parties use of, or activities in connection with, the Services; and (b) any violation or alleged violation by you of this Customer Agreement or applicable law.

Release

If you have a dispute with any other Varto Account holder or a third party that you send money to or receive money from using the Services, you release Varto from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Service Availability

We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).

Disclaimer of Warranty

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

Intellectual Property

“Varto.com,” “Varto” are all logos related to the Services that are either trademarks or or Varto’s licensors. You may not copy, imitate, modify or use them without Varto’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Varto. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Varto for the purpose of directing web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Varto or the Services or display them in any manner that implies Varto's sponsorship or endorsement. All right, title and interest in and to the Varto websites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Varto and its licensors.

Miscellaneous Translation of This Customer Agreement

Any translation of this Customer Agreement is provided solely for your convenience and is not intended to modify the terms of this Customer Agreement. Only the English language of the Customer Agreement version is an official version. In the event of a conflict between the English version of this Customer Agreement and a version in a language other than English, the English version shall control.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Varto is a payment service provider

Our relationship with you under this Customer Agreement with you is as a payment service provider, and Varto is an independent contractor for all purposes. Varto is not your agent or trustee.

Other Information About this Customer Agreement

You may not transfer or assign any rights or obligations you have under this Customer Agreement without Varto prior written consent. Varto may transfer or assign this Customer Agreement or any right or obligation under this Customer Agreement at any time.

Each of the paragraphs of this Customer Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.

Our failure to act with respect to a breach of any of your obligations under this Customer Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

This Customer Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.