Terms and conditions
1. About EMAS
EMAS Technology GmbH (“EMAS”) is a limited liability company registered in Austria, Vienna. Registered number: FN 613775 k.
Registered office: Seilerstätte 15, 1010 Vienna, Austria.
Use of and access to the EMAS app, our website, products and services are provided on the basis of these General Terms of Use.
1.1 EMAS may from time to time and without first letting you know:
1.1.1 make such changes to the content of the app, our website or the products or services offered as we consider appropriate from time to time;
1.1.2 withdraw such services and products as EMAS considers appropriate from time to time;
1.1.3 terminate your access or use of our products and services for any breach of these terms or conditions or for any breach of law or regulation or for any reason EMAS considers appropriate in order to comply with the law or regulations. EMAS reserves the right to use various procedures to verify and individual’s identity, your source of funds and source of wealth as well as authenticating each transaction.
1.1.4 we are under no obligation to continue doing business with an individual or entity. Accepting a business relationship is at our sole discretion.
2. Scope of these Terms of Use
2.1 These Terms of Use govern the opening, use and closure of your EMAS Account and other related payment services as referred to herein. Together with our Privacy Policy, and any other terms and conditions referred to therein, they constitute the legal relationship between you and us. For the use of additional services, you may have to accept additional terms and conditions as notified to you when you are ordering or using such services. You are advised to print or download and keep a copy of these Terms of Use for future reference. You can always view the current Terms of Use on our Website.
2.2 You are also advised to read the answers to the “Frequently Asked Questions” which are published on our website.
2.3 Depending on the type of EMAS Account you have, additional terms and conditions may apply as communicated to you at the appropriate time.
3. Permitted Access to EMAS Services
3.1. You should not use the app or Website from any country where accessing or using them or any of the information, products or services on them is
prohibited by law. The app and Website do not constitute any invitation or solicitation by EMAS to any person to use any such information, products or
services in countries where to do so is prohibited by law.
4. Intellectual Property
4.1. All intellectual property and all materials comprising or contained in the app or Website including but not limited to all text/articles, logos, software and
images, are owned, or as the case may be licensed, except as otherwise expressly stated, by EMAS.
4.2. You are entitled to access the app or Website for the purposes of accessing the facilities, products and services offered by EMAS. However, you may
not use in any way, directly or indirectly, any of its components for any other purpose. The materials contained on or comprising the app or Website
may not be copied or redistributed for commercial purposes or for compensation of any kind without prior written permission from EMAS.
5. Limitations on liability
5.1. All content shown by EMAS are provided and made available without any warranties, conditions or guarantees. All such warranties, conditions or
guarantees which would otherwise be implied by law are excluded to the fullest extent permitted by law. In particular, EMAS does not warrant the
accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any services or products available.
5.2. EMAS uses reasonable skill and care in providing its products and services to you. However (to the maximum extent permitted by law) EMAS is not
liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) arising out of:
5.2.1. Your use, delay or inability to use the EMAS services;
5.2.2. Any inability to perform any of EMAS’s obligations due to failure of any technical or operational systems;
5.2.3. Any reasons beyond EMAS’s reasonable control. This will include (amongst other things) war, terrorism, government action, natural disaster, and
industrial disputes;
5.2.4. Any damage to your equipment as a result of using EMAS products or services;
5.2.5. Any change in rates which may occur from time to time.
5.3. Without limiting the more general exclusions of liability as set out in sections 5.1 and 5.2, (to the maximum extent permitted by law) EMAS is not liable
to you for any loss of profit, loss of use, indirect, or consequential losses, claims or other damages suffered or incurred by you from your use of the app
or Website or the products or services offered however caused.
5.4. EMAS’s maximum aggregate liability to you in respect of all transactions undertaken by you shall be limited to a refund equivalent to any monies you
have paid to EMAS to acquire gold or currency or send a peer-to-peer payment.
5.5. The disclaimers and limitations of liability in these general terms and conditions shall not apply to any damages arising from death or personal injury
caused by the negligence of EMAS or any of its employees, affiliates, agents or for reasons linked to financial crime or other legal and regulatory
matters.
5.6. If any provisions of these terms and conditions including these disclaimers and limitations shall be unlawful or unenforceable then such provisions
shall fall away and shall not affect the validity and enforceability of the remaining terms. Your statutory rights remain unaffected.
6. Governing Law and changes to these terms and conditions
6.1. All use of the app, Website and these terms and conditions is governed by the laws of Austria.
6.2. All disputes arising out of the use of EMAS and/or any services or products provided by EMAS or any dispute relating to these terms and conditions
shall be resolved by the Courts of Austria.
6.3 EMAS reserves the right to change these terms and conditions from time to time.
6.4 Provisions relating to placing of the order and when the contract between you and EMAS is formed.
6.5. EMAS does not make available our products or services for investment, speculation, or any other purposes.
6.6. EMAS will use various procedures to authenticate each transaction for the purposes of law and regulations including Fraud and Anti-Money
Laundering/Combating the Financing of Terrorism. EMAS reserves the right to decline to continue to process any part of your order / transaction at
any time.
6.7. EMAS is entitled to refuse, withdraw, or cancel your order or transaction at any time, for any reason. EMAS may terminate any order or transaction at
any time.
6.8. EMAS may also terminate any contract it has with you if it is required to do so because of matters of law or regulation or on the instructions of a law
enforcement agency or regulatory body. EMAS may retain all or any of your money if it is required to do so by law or regulation and then deal with it as
ordered by a court, authorities or other body of a competent jurisdiction.
7. Financial Crime Policies
7.1. EMAS must comply with legal requirements to deter and detect financial crime, which includes money laundering and terrorist financing.
EMAS also comply with the relevant anti-money laundering and counter terrorist financing laws enacted in any EEA State to which we passport our
services.
Our staff are fully conversant with rules and guidance regarding Bribery and Corruption, immigration crime, modern slavery and human trafficking,
facilitating Tax Evasion offences, Fraud, Sanctions, Politically Exposed Persons, Money Laundering and the Financing of Terrorism. This list is not
exhaustive. We are of our responsibilities in the monitoring and reporting of any actions that raise suspicion or give cause for concern in adherence
with laws and regulations.
7.2. EMAS reserves the right to perform identity checks in accordance with the Terms and Conditions on all individuals who wish to apply for EMAS
products and services. In doing so it may use 3rd parties to verify the information given. EMAS reserves the right at all times to refuse to process any
load or transaction which it believes in its sole discretion, is connected in any manner to any unlawful or illegal purpose. We have a legal and regulatory
obligation to report any suspicious transactions or activity.
7.3. EMAS is obliged by law and regulation to monitor client activity for unusual or suspicious loads or transactions of any size taking place where we have
reasons to believe the money is derived from unlawful or illegal activity. We consider a range of factors including who our customer is, our product,
activity profiles; distribution channels; the type, complexity and volume of permitted transactions; our processes and systems; and our operating
environment.
7.4. There is a statutory obligation on EMAS to report suspicious transactions to the Money Laundering Reporting Office (A-FIU), which has been set up at
the Federal Criminal Police Office. Where any such report is made, EMAS accepts no liability for any delay in transmission of or confiscation of the
funds.
7.5. We can ask you at any time for further information known as enhanced due diligence which will include, but is not limited to, evidence of source of
funds and source of wealth. We will also ask for additional information so that we can understand your business relationship with EMAS.
8. Your EMAS Account
8.1. Your EMAS Account is an electronic money account which enables you to send, receive and share electronic payments.
8.2. The electronic money on your EMAS Account is issued in accordance with the relevant legislations.
8.3. Your EMAS Account is denominated in a currency of your choice, as selected by you from the available currencies. Any transactions from that account
will be in the designated currency of the account. Please refer to our separate Terms and Conditions covering Gold.
8.4. The electronic money held on your EMAS Account does not expire but it will not earn any interest.
8.5. You have the right to withdraw funds from your EMAS Account at any time. However, you may be required to confirm (1) your identity beforehand and (2) the destination of the funds. The funds on your EMAS Account must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.
8.6. An EMAS account is not a classical bank account. By accepting these Terms of Use you acknowledge that the Austrian Deposit Guarantee and Investor Compensation Act (ESAEG) does not apply to your EMAS Account.
8.7. The electronic money on a EMAS Account belongs to the person or legal entity which is registered as the EMAS Account holder.
8.8. Your EMAS Account may be subject to upload, payment and withdrawal limits, depending on your country of residence, the verification status of your EMAS Account and other factors used by us to determine such limits from time to time at our sole discretion.
9. Opening Your EMAS Account
9.1.In order to use our products and services you must first open a EMAS Account by registering your details on our app. As part of the signup process you will need to accept our Terms of Use and our Privacy Policy and you must have legal capacity to accept the same. If you order additional services, you may be asked to accept additional terms and conditions. To open and continue using a EMAS Account, you must:
9.1.1. Be at least 18 years of age;
9.1.2. Not be a resident of any country where we do not provide the EMAS Service or in a prohibited country. This list of prohibited countries may be amended by us from time to time, without notice;
9.1.3. Open an Account in accordance with the instructions set out in the registration page of our app including completing all requested information;
9.1.4. Maintain an active address, phone number and email address;
9.1.5. Satisfactorily pass all of our required checks.
9.2. You may only open one EMAS Account in your name unless we explicitly approve the opening of additional accounts.
9.3. You may only open a EMAS Account if it is legal to do so in your country of residence. By opening a EMAS Account, you represent and warrant to us that your opening of a EMAS Account does not violate any laws or regulations applicable to you.
9.4. All information you provide during the signup process, or any time thereafter must be accurate and truthful. It is your responsibility to keep your details up to date.
9.5. You are responsible for all taxation, legal and regulatory reporting personal to you in your country of residence or country where you report.
9.6. You may only add payment instruments (such as bank accounts or debit cards) to your EMAS Account if you are the named holder of that payment instrument. Any attempt to add a payment instrument of which you are not the named holder may result in us refusing the transaction or suspending or closing your account at our sole discretion.
9.7. Your EMAS Account is for private purposes only. You must not use your EMAS Account for commercial purposes if you are receiving payments for or in connection with any business activity. We reserve the right to determine whether, in our reasonable opinion, you are using your EMAS Account for commercial purposes and if so may suspend and or close your account.
9.8. On opening your account, you may automatically receive a card if you live in a country where we are authorized to issue one. Please see our website for details.
9.9. You cannot fund your personal account using funds from a business unless you prove that you are a sole trader.
10. Maintaining Your EMAS Account
10.1. You must ensure that the information recorded on your EMAS Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.
10.2. We may contact you by email or in other ways with information or notices regarding your EMAS Account. It is your responsibility to regularly check the proper functioning of your email account or other methods of communication that you have registered with EMAS. We shall not be liable for any loss arising out of your failure to retrieve such messages.
10.3. Fund uploads, payments received, payments sent, peer to peer activity and fund withdrawals are displayed in your online transactions history together with the fees charged. You should check your EMAS Account balance and transaction history regularly and you should report any irregularities as soon as possible by contacting Client Support.
10.4. For any unauthorized or incorrectly executed transaction (s) on your EMAS Account you must notify us without undue delay after becoming aware.
11. Keeping Your EMAS Account Safe
11.1. You must take all reasonable steps to always keep your EMAS Account login details safe and never disclose them to anyone. EMAS staff will never ask you to provide your login details or PIN to us or to a third party.
11.2. If you have any indication or suspicion of your EMAS Account, login details, password or other security feature being lost, stolen or otherwise compromised, you are advised to change your password and contact Client Support without undue delay. Any undue delay in notifying us may not only affect the security of your EMAS Account but may result in you being liable for any losses as a result.
11.3. We may suspend your EMAS Account or otherwise restrict its functionality on reasonable grounds relating to the security of the EMAS Account or if we reasonably suspect that an unauthorised or fraudulent use of your EMAS Account has occurred. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction unless notifying you would be unlawful or compromise our reasonable security interests.
11.4. You must take all reasonable care to ensure that your e-mail account is secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your EMAS Account.
12. Closing Your EMAS Account
12.1. You may close your EMAS Account at any time by contacting Client Support.
12.2. If your EMAS Account holds a balance, you may withdraw any remaining funds by contacting Client Support and requesting that the funds are sent to a recognized bank account in your name in a manner that is reasonably acceptable for us. You can also choose to have your gold deposit delivered.
12.3. We reserve the right to carry out any necessary checks before authorizing any withdrawal of your funds, including in relation to returning any funds to you after you have closed your EMAS Account.
12.4. If you are a friend or relative of a EMAS client who is deceased, please contact Client Support. Please note we will be unable to discuss the details of any account until we have a death certificate, Grant of Probate or Grant of Letters of Administration.
13. Uploading Funds
13.1. You can upload funds by visiting the EMAS app and following the relevant upload instructions. You may be presented with a number of different upload methods depending on which payment methods are available in your country of residence.
13.2. Upload methods are payment services provided by third party financial institutions and are not part of our service. We do not guarantee the use of any particular upload method made available and may make changes to or discontinue the acceptance of any particular upload method at any time.
13.3. EMAS is in no way responsible for any charges made by 3rd Party payment institutions and will credit only the received cleared funds.
13.4. We will only accept payments from and pay back to bank accounts, cards or other financial instruments that are in the name of the EMAS account holder.
13.5. You may be asked to provide information such as proof of source of funds that we may reasonably require ensuring proper authorization of an upload transaction. This will normally be a bank statement in your name dated within the last three months.
13.6. If you choose an upload method using a payment instrument that may be subject to chargeback rights such as (but not limited to) debit card or direct debit, you declare that you will not exercise such chargeback right other than for unauthorized use of the payment instrument.
13.7. Uploaded funds will be credited to your EMAS Account after the funds have been received and available for use by us. Some upload transactions, such as those by debit card, direct debit or direct banking may be credited to your EMAS Account immediately but are subject to reversal in case the actual funds do not reach us within a reasonable time. In which case, we will deduct such reversed transaction from the balance of your EMAS Account. In all, uploaded funds are also dependent on several other issues like the policies of the payment provider and card issuer etc. (https://cdn.unlimit.com/wp-content/uploads/2024/07/01143947/UNL_EU_GTC_V4_01.07.2024.pdf ).
13.8. You must not make an upload through a payment instrument if you are not the named holder of that payment instrument. Without prejudice to claiming further damages, if we are required to return funds uploaded, we may charge an administration fee per upload return to cover our banking costs.
13.9. Uploads may be subject to upload limits due to security and legal requirements and to fulfil its regulatory obligations EMAS may require further details regarding source of those funds.
14. Trading Gold and Peer to Peer activity
14.1. Advice
We are not providing you with any advice regarding your decisions to buy or sell gold, foreign currency or spend in gold.
14.2. The Services
We will provide facilities for you to buy and sell currency and gold.
14.3. Once a trade or transaction has been submitted it cannot be altered, cancelled, or rescinded.
14.4. When you trade you rely solely on your own judgement. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any transactions, taxation, or markets.
14.5. We may at our absolute discretion refuse any trade or transaction without giving any reason and without liability for any loss or damage incurred by you or any other party.
14.6. We will not transfer to you any funds representing the benefit of any fluctuation in currency or gold arising after a trade has been entered into.
14.7. We may request from you, from time to time, information regarding you and your financial affairs as they relate to EMAS, required, in our judgement for compliance with legislation governing money laundering or other matters.
14.8. In the event of any transaction, you must have sufficient funds available in you EMAS Account to settle any transaction plus any fees or charges prior to submitting a trade or transaction.
14.9. EMAS reserves the right to add margin to exchange rates in the event of loss of price feed or when the market is not trading it is your choice to accept any rate provided by EMAS.
14.10. We shall make all payments due to you under this Agreement in full unless required by law to make deductions.
14.11. For a payment instruction from you to be properly remitted, you must provide us with the information or unique identifier which is necessary for the proper execution of the transaction. The information could comprise the payee’s bank sort code and account number or, where applicable, the payee’s SWIFT number, BIC number and IBAN number.
14.12. If the information is incorrect, it could result in the payment transaction being delayed or the funds transferred being lost. We reserve the right to charge an administration fee to rectify any errors.
14.13. A withdrawal of your funds for whatever reason can only be made to a bank account in your name.
14.14. EMAS may, at its discretion, make payments via any reasonable method open to them.
14.15. If a transaction results in a negative balance in your EMAS Account, you will be required to repay such negative balance by uploading sufficient funds into your EMAS Account in a reasonable and timely manner. Failure to do so is a breach of these Terms of Use. We reserve the right, at any time, to send you reminders or to take other debt collection measures. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts.
14.16. If you fail to make any payments due to us or have a negative balance then we may charge you interest and or use any means possible to reclaim the funds owed plus any interest.
14.17. In some countries you can send funds to a friend or family member who also have an EMAS account from your EMAS account using our Peer-to-Peer product (“P2P”). Our P2P offering is restricted to sending from EMAS client to EMAS client.
14.18. If the person to whom you are sending funds to does not have an EMAS account, they can open an EMAS account.
14.19. We may, at our discretion, impose limits on the amount of funds or gold you can send via P2P.
14.20. We reserve the right to amend the list of countries accepting P2P.
14.21. You may be presented with an error or error code, in which case please contact Client services. An example of an error could be insufficient funds. Please ensure you have funds and gold in your EMAS account before sending a P2P payment.
14.22. P2P payments can be instant.
14.23. You must ensure that the details you enter are correct when sending funds or Gold via P2P. By sending a P2P payment you accept full liability.
14.24. When linking a gold depot, the conversion factor for one ounce of gold is always 31 grams.
14.25. EMAS reserves the right to suspend trading at any time due to failures with trading partners.
15. Withdrawing funds
15.1. You can request a withdrawal of all or part of the funds held in your EMAS Account at any time. We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time as long as there is at least one withdrawal method available to you.
15.2. EMAS is not responsible for and are not in control of 3rd Party charges that may be levied from time to time on transactions to and from you.
15.3. Withdrawals are subject to withdrawal fees and currency conversion fees depending on which withdrawal method and payment instrument is chosen.
15.4. You must not make a withdrawal to a bank account or other payment instrument if you are not the named account holder. Without prejudice to claiming further damages, if we are required to investigate a withdrawal to a payment instrument that is not in your name, we may charge an administration fee.
15.5. You must ensure that the payment details you enter when withdrawing funds are correct and complete. We will not be liable for withdrawn funds being sent to the wrong payment instrument where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account is in your name, account number, sort code, IBAN and/or BIC/SWIFT are correct.
16. Prohibited transactions
16.1. We reserve the right to decline applicants from High-Risk jurisdictions. If we accept an account from a High-Risk Jurisdiction the applicant will be subject to enhanced due diligence and a higher level of ongoing monitoring (transactions and know your client checks).
16.2. We reserve the right to suspend or terminate your EMAS Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
16.3. It is strictly forbidden to use your EMAS Account for any illegal purposes including but not limited to financial crime. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your EMAS Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.
16.4. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, we reserve the right to: reverse the transaction; and/or close or suspend your EMAS Account; and/or report the transaction to the relevant law enforcement agency.
17. Fees
17.1. Transaction related fees can be viewed at any time here: (https://emas.technology/fee)
17.2. A customary fee will be charged for the storage of gold. The fee is calculated on the 1st of the following month, based on the highest gold balance and the highest gold price during that month. The applicable fees are always available on our website.
17.3. The monthly membership fee can be canceled at any time and is billed on the 1st of each month. Current fees can always be found on our website
18. Your Data
18.1. The processing of your data is governed by our Privacy Policy which can be found on our website. By accepting these Terms of Use, you also agree to the terms of our Privacy Policy. You should print and keep a copy of the Privacy Policy together with these Terms of Use.
19. Our Liability
19.1. In case of an unauthorized payment or a payment that was incorrectly executed due to an error by EMAS, we shall at your request immediately refund the payment amount including all fees deducted therefrom. This shall not apply:
19.1.1. Where the unauthorized payment arises from your failure to keep the personalized security features of your EMAS Account safe in which case you shall remain liable.
19.1.2. If you fail to notify us without undue delay of any loss of your login details or other event that could reasonably be expected to have compromised the security of your EMAS Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us;
19.1.3. If the transaction was unauthorized but you have compromised the security of your EMAS Account with intent or gross negligence in which case you shall be solely liable for all losses; or
19.1.4. If you fail to dispute and bring the unauthorized or incorrectly executed transaction to our attention within 6 months from the date of the transaction.
19.2. You must check the transactions history of your EMAS Account regularly and contact Client Support immediately if you have any questions or concerns.
19.3. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
19.4. We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
19.5. Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
19.6. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another EMAS client.
20. Termination and suspension
20.1. You may terminate your EMAS Account with us at any time by giving us notice.
20.2. In the event of termination, we may give you reasonable instructions on how to withdraw remaining funds.
20.3. We may at any time block or close your EMAS Account without notice in cases where:
20.3.1. You breach any condition of these Terms of Use or any other condition applicable to specific services covered by separate terms and conditions;
20.3.2. You violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services;
20.3.3. We have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing, financial crime or criminal activity. This includes where you are a disqualified director with an active directorship or you have been disqualified for reasons that are adverse and / or are of cause for concern.
20.4. We may suspend your EMAS Account at any time if:
20.4.1. We reasonably believe that your EMAS Account has been compromised or for other security reasons;
20.4.2. We reasonably suspect your EMAS Account to have been used or is being used without your authorization or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
20.4.3. We establish adverse information about you from open sources.
21. Changes to these Terms of Use
21.1. These Terms of Use and any additional terms and conditions that may apply are subject to change.
21.2. We shall give notice to you of any proposed change by sending an email to the primary email address registered with your EMAS Account.
21.3. If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your EMAS Account. Your EMAS Account will be closed in accordance with the provisions above.
22. How we communicate
22.1. We usually contact you via email. For this purpose, you must always maintain at least one valid email address in your EMAS Account profile.
22.2. Any communication or notice sent by email will be deemed received by you on the same day if it is received in your email inbox before 4pm on a Business Day. If it is received in your email inbox after 4pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
22.3. Where legislation requires us to provide information to you on a durable medium, we will make it available to you or send you a notification pointing you to information on our website.
22.4. If you are unsure whether a communication is originating from us, please contact Client Support.
22.5. We will communicate to you in English and will always accept communications made to us in English. Documents or communications in any other languages are for convenience only and shall not constitute an obligation on us to conduct any further communication in that language. We may request a certified translation of any documentation you provide for example proof of identity or proof of address in non-Latin script.
22.6. Apart from communicating via email, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS.
22.7. You may contact us at any time by contacting Client Support.
22.8. EMAS may record your queries. Both parties agree and consent to the recording of written or oral conversations between the parties or their representatives without an automatic warning tone. The parties agree to the use of any such recordings as evidence in any dispute or anticipated dispute between the parties.
23. Complaints
23.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Client Support. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We will follow up your complaint in line with our complaints procedure.
https://cdn.unlimit.com/wp-content/uploads/2024/05/12123836/UNL.EU_Complaint-Handling-Policy-3.pdf
23.2.You may request a copy of our complaints procedure at any time.
23.3. If you want to complain, give EMAS a chance to resolve things first. Tell us what’s happened and how you want things to be put right.
23.4. Time limits apply when making a complaint. It is always best to take action as soon as you realize there’s a problem.
24. Card Issuer / Payment Provider
24.1. EMAS is working with Unlimint EU Ltd (hereinafter the “Unlimit”). Unlimit is the Card Issuer. Unlimit is registered in Cyprus (HE328641) and has its registered and head office address at 125, Griva Digeni, Limassol 3101, Cyprus. Unlimit is licensed and regulated by the Central Bank of Cyprus as an Electronic Money Institution with license number 115.1.3.7/2018. Unlimit’s license and details are available in the register maintained by the Central Bank of Cyprus on its website www.centralbank.cy , which website also contains the particulars, contact details and address of the Central Bank of Cyprus.
24.2. By applying for and EMAS service, you agree that you have read the T&C of Unlimit and agree to be bound by them
https://cdn.unlimit.com/wp-content/uploads/2024/07/01143947/UNL_EU_
GTC_V4_01.07.2024.pdf .
24.3. To use the MasterCard Debitcard, you agree to be bound by the Cards Terms and Conditions by Unlimit, whereby you can read them here:
https://cdn.unlimit.com/wp-content/uploads/2024/07/01143946/UNL_EU_Card_TC_V3_-01.07.2024.pdf;
https://cdn.unlimit.com/wp-content/uploads/2024/05/12123838/UNL.EU_Google-Pay_Terms-and-Conditions_V.02.pdf;
https://cdn.unlimit.com/wp-content/uploads/2024/05/12123835/UNL.EU_Applepay_
Terms-and-Conditions_V.02.pdf;
https://cdn.unlimit.com/wp-content/uploads/2024/05/12123837/UNL.EU_Digital-Wallets-Terms-and-Conditions-Mastercard-Cards_V.02.pdf .
25. Miscellaneous
25.1. No person other than you shall have any rights under these Terms of Use.
25.2. Your EMAS Account is operated in Austria and these Terms of Use shall be governed by and interpreted in accordance with the laws of Austria.
25.3. Any dispute under these Terms of Use or otherwise in connection with your EMAS Account shall be brought exclusively in the courts of Austria.
25.4. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms of Use, which shall continue to be valid and enforceable to the fullest extent permitted by law.