T&C Agreement (for individuals)

Summary Terms 

Greetings from AstroPay! 

We're excited to have you on board. Get ready for an exceptional journey with us as we strive to #empower your money.

Below, you'll find a simplified overview of our Terms and Conditions. While we've done our best to make it user-friendly, we encourage you to review the full version for a comprehensive understanding of your agreement with AstroPay.

💳 Who is AstroPay?

AstroPay is a global wallet which among other offers online payments, AstroPay Card and peer-to-peer money transfers. We aim to provide top-notch systems and technology. 

All operations within the EEA are done through Larstal Denmark ApS, a private limited company registered in Denmark. Larstal Denmark ApS is authorized by the Danish Financial Supervisory Authority (Finanstilsynet) as an electronic money institution.

🧐 How do I get started?

You may register for an account via the Web & App. 

Your account is activated once all the required information has been received in order to identify you and comply with all applicable know-your-customer (“KYC”) requirements (information such as phone number, e-mail address and passport details). 

💸 How does it work?

Following activation of your Wallet, you will be able to use funds to load E-Money to your Wallet. 

You can then use your Wallet to make direct online payments and in return gain loyalty AstroPoints that can be redeemed for rewards or to make a withdrawal, make a peer-to-peer transaction or apply for an AstroPay Card.

In the event of any chargeback that occurs during a Transaction, we reserve the right to suspend or cancel your Wallet. If a chargeback results in a negative balance, you are required to perform an additional loading transaction to load your Wallet with sufficient funds immediately.

If you wish to redeem, you must ensure that the payment details for the transfer are accurate and complete. You must be the named account holder of the account to which you instruct us to transfer the funds in the case of a redemption request.

🗝️ Security

You are solely responsible for preserving the security of Your Account. You represent and warrant that the information given by you is correct and true and that you shall not use the services for any illegal purpose nor deposit funds from any illegal source.

If you believe that you did not authorize a particular transaction or that a Transaction was incorrectly executed you should contact at support@larstal.com without undue delay, cf. clause 6 of the Terms. 

Your Wallet is not a deposit account, which means that your funds will not be protected by any depositor or investor guarantee scheme in Denmark.

🪙 Fees

Charges are implemented as detailed in the Terms, and such may be deducted from your Wallet without further notice. 

Such Fees are subject to potential changes over time, which we will duly communicate to you

🔴 Cancellation, suspension and termination 

You may cancel, suspend or terminate your agreement with AstroPay according to the Terms. 

We reserve the right to suspend or terminate your account or the services we provide without prior notice. If that’s the case we will proceed in accordance with section 11 of the Terms.

🤨Indemnity and Liability

While we anticipate such occurrences to be rare, in the event that they do arise, you consent to indemnify us for any actions resulting from your improper use of the services and applications or violation of the terms.

To the maximum extent permitted by applicable law, under no circumstances shall AstroPay bear responsibility for any direct, indirect, special, incidental, or consequential loss of any nature. cf. The Terms clause 13. 

In relation to AstroPay’s liability in general, we refer to the Terms.

📬 Contact and complaints

Larstal Denmark will ensure all customers have access to the complaints policy and procedure upon request.

If you have any questions or concerns about the Services, or you want to make a complaint, please contact us by email at support@larstal.com.

🏛️ Dispute Resolution

This Agreement and any disagreements related to it will be governed by and interpreted according to the laws of Denmark.

Both parties agree that any disputes regarding this Agreement will be settled exclusively by the courts of Denmark

IMPORTANT INFORMATION: These terms and conditions (“Terms”) govern the use of the Services (as defined below), which are provided by Larstal Denmark ApS a Danish company with registered office at Frederiksborggade 15 3, 1360 Copenhagen (“Larstal”, “we”, “us” or “our”) to any person whose application we approve (“you” or “your”).

By activating your Wallet (as defined below) with us, you confirm that you have read, understood and agree to these Terms. We recommend that you print a copy of these terms for future reference.

These Terms refer to the following additional terms, which also apply to your use of the Services:

  1. Our Privacy Policy for AstroPay as a payment provider (Europe version), which sets out the terms on which we process your personal data. You agree that any and all personal data provided by you is accurate.
  2. Our Cookie and Privacy Policy for business partners, website visitors and other potential users (Europe version).

1. Definitions & Interpretation 

1.1. In these Terms, capitalized words and expressions have the following meanings, unless otherwise stated:

“Applicable Laws” means any applicable statutes, laws, ordinances, orders, judgments, decrees, rules or regulations issued by any government authority, and any judicial or administrative interpretation of any of these, which are in force from time to time in any part of the word and are applicable to the Services, us, and you.
“AstroPay Account” “Account” your account with us which will contain the E Money.
“Available Balance” means the amount of E-Money issued by us to you, but which you have not yet spent or redeemed;
“Business Day” means a day (other than a Saturday or Sunday or a public holiday) when commercial banks are open for ordinary banking business in Denmark;
“Chargeback” means a circumstance whereby the Customer claims that the products and/or services were not received or requested and therefore demands to be refunded the payment made for that product and/or service;
“Customer/User” means any person who wishes to open an Account and set up a Wallet with AstroPay.
“E-Money” means monetary value stored in electronic form, including magnetically form in your Astropay Account issued by us to you for use by you in transferring value to Merchants or Users or receiving value back from Merchants or User;
“Fees” has the meaning given to it in Clause 7;
“Force Majeure Event” means any event or circumstance which is beyond our reasonable control, including: any act of God, flood, earthquake or other natural disaster, terrorist acts, riots, war, sanction or embargo, fire, explosion or accident, industrial action of any kind, interruption or failure of any utility service or act taken by any government authority;
“Governing Law” means the laws of Denmark;
“Intellectual Property Rights” means patents, utility models, trademarks, service marks, trade and business names, rights in designs, copyright (including rights in software), database rights, domain names, semiconductor topography rights, rights in inventions, rights in knowhow and confidential information and other intellectual property rights which may subsist in any part of the world, in each case whether registered or not (and including applications for registration);
“Losses” means all losses, damages, claims, liabilities, costs and expenses (including reasonable attorneys’ and other reasonable legal fees and expenses);
“Merchant” or “Merchant Operator” means an online service provider or products seller, authorised by us to accept inbound transactions and make outbound transactions;
“Refund” means a partial or full reimbursement to you in E-Money;
“Services” has the meaning given to it in Clause 4;
“Transactions” means outbound transactions and inbound transactions; and
“Wallet” means a digital wallet account on our systems that is specific to you, where we record your Available Balance, data relating to your Transactions and other information, from time to time.
“Web & App” means the website or mobile application and any other software (for use on mobile devices or otherwise) offered by us in the future, offering similar or additional functionality as the Website or Mobile Application;

1.2 In these Terms:

  1. References to “include” or “including” do not limit the generality of any preceding words and are to be construed without limitation;
  2. References to a “person” include any individual, company, partnership, joint venture, firm, association, trust, government authority or other body or entity (whether or not having separate legal personality);
  3. The headings are inserted for convenience only and do not affect the construction of these Terms; and
  4. Unless the context otherwise requires, words in the singular include the plural and vice versa and a reference to any gender includes all other genders.

2. Changes to these Terms

2.1. We may update or amend these Terms without your explicit consent if it is necessary due to:

- changes in the services, market conditions, technology/systems, applicable law, regulation and/or market practice;

- protection against risks outside our control;

- customers promotions and other benefits;

2.2. Notice of any updates and amendments to these Terms will be given to you through notifications on the Web & App (or by email if deemed necessary) at least two (2) months in advance. By continuing to use our Services after that two (2) month period, you agree to be bound by the updated or amended terms.

3. Registration and Eligibility

3.1. You may register for an Account via the Web & App or other means that we may in the future prescribe. If you choose to register for an Account, you agree to provide us with true, accurate, current and complete information about yourself, and update us if there are any changes to that information or data.

3.2. You affirm that you are legally deemed as having full capacity and you are at least 18 years of age.

3.3. Your Wallet will not be activated unless we have been provided with the required information so that we may identify you, verify your age, and comply with all applicable know-your-customer (“KYC”) requirements (such as phone number, e-mail address and passport details). We shall keep records of the information and documents you provide in accordance with our Privacy Policy and all applicable legal and regulatory requirements.

3.4. We reserve the right to not accept your application for a Wallet or to open a Larstal Account and we are not obliged to provide the reason for declining your application. If we have reasonable grounds to suspect that any information you have provided to us is untrue, inaccurate or incomplete, we may suspend or terminate your Wallet and refuse any and all current or future use of the Services by you.

3.5. Your eligibility to access certain Services may depend on the country in which you reside or are based from time to time. You shall not attempt to access or make use of the Services from or in any jurisdiction where such access or use is prohibited by Applicable Laws.

4. Services

4.1. We will provide the following services to you (collectively, the “Services”) in accordance with these Terms:

  1. Providing and maintaining the Web & App;
  2. Exchanging funds received from you by us for E-Money and exchanging E Money contained in your Wallet for funds to be paid to you;
  3. Hosting a digital wallet account enabling you to store E-Money issued by us in accordance with the Payment Services and Electronic Money Act
  4. Managing Transactions in your Wallet, including tracking and messaging additional information;
  5. Certain payment services enabling you to send and receive E-Money; and
  6. Other means of using our platform to enable Transactions with other Users as may be offered in the future, and related services.

5. Access to your Account and use of the Services

5.1. You may access your Wallet by logging into your Larstal Account through the Web & App. From there, you will be able to see your Wallet history and Transaction activity, and view and edit your Wallet details. 

5.2. You should check your Wallet history and Transaction activity regularly and contact us immediately in relation to any irregularities or enquiries. We shall not be liable for any Losses that result from any inaccurate information you provide.

5.3. To the extent that you are required to separately on-board with any Merchant Operator, you acknowledge and agree that we shall not be required to authorize any Transactions with that Merchant Operator unless and until you are separately on-boarded as required by them. You take full responsibility for ensuring that you are on-boarded with the relevant Merchant Operator prior to attempting to make a Transaction with that Merchant Operator.

5.4. The value of each Outbound Transaction will be deducted from your Available Balance and the value of each Inbound Transaction will be credited to your Available Balance. You must ensure that you have a sufficient Available Balance from time to time to pay for your Outbound Transactions and any fees relating to those Outbound Transactions. It is not possible to set up any spending limits. Once you’ve confirmed a Transaction on the check-out page, you’ve given adequate consent to execute the transaction. You will receive a Transaction receipt within maximum 10 minutes from your confirmation. You can see all pending Transactions in the app, and it is possible to cancel a Transaction as long as it appears as pending. For instant Transaction, you’ll need to request for a refund according to these terms and conditions. 

5.5. If for any reason (a) an Outbound Transaction that you request, or (b) the deduction of applicable fees would result in your Wallet having a negative balance, we will not process that Outbound Transaction. Not processing an Outbound Transaction in the circumstances described in this Clause 5.5 will not constitute a breach of these Terms.

5.6. We may refuse to authorize any Transactions or a use of the Services that could breach these Terms, or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or unauthorized use of the Services. Nevertheless, we are not a party to any Transactions, and, as further set forth in Clause 13 below, we disclaim any liability for any failures, breaches, acts or omissions of the Merchant Operator in connection with the Transactions.

5.7. You are solely responsible for resolving any disputes you may have with the Merchant Operator in connection with Transactions or otherwise. We may, but we are not required, to assist you in your dispute with a Merchant Operator. If we do elect to assist you in a dispute with a Merchant Operator or User, you hereby acknowledge that such assistance shall not constitute a waiver of any provision of these Terms, including this Clause 5.7 or Clause 13.

5.8. Your ability to use or access the Services or your Wallet may occasionally be interrupted, for example if we need to carry out maintenance on our systems. Please contact us in accordance with Clause 15 if you wish to report any issues.

5.9. You agree:

  1. To only use the Services for lawful purposes and to adhere at all times to all Applicable Laws and these Terms;
  2. Not to attempt to discover any source code included in the Web & App, upload to our systems any malware, viruses or other unauthorized object code or source code, or otherwise disrupt or interfere with the conduct of the Service;
  3. Not to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Web & App in whole or in part, except to the extent permitted by Applicable Law.

6. Loading your Wallet

6.1. Following activation of your Wallet, you will be able to use funds to load E-Money to your Wallet (“Loading Transaction”). We may ask you to answer security questions or to complete other activities that we may reasonably require to ensure proper authorization of a Loading Transaction. Unless otherwise expressly agreed pursuant to a separate Service, we will not extend you credit.

6.2. To initiate a Loading Transaction, you must log into your Account through the Web & App by using your Wallet details and follow the relevant instructions. The payment method for loading E-Money to your Wallet will depend on the country in which you reside.

6.3. For a list of the permitted methods for Loading Transactions in your country of residence, please visit our website. Please note that we may change this list at our sole discretion from time to time. The execution of your payments by third party payment providers in order to load your Wallet with E-Money are not part of our Services. We do not guarantee your ability to use any particular third-party payment provider to complete a Loading Transaction and we may discontinue accepting payments processed by any such third-party payment provider at any time in our sole discretion.

6.4. We reserve the right to suspend or cancel your Wallet in the event of any chargeback that occurs during any Loading Transaction or any Transaction. In the event that any chargeback results in a negative balance on your Wallet, you are required to perform an additional Loading Transaction to load your Wallet with sufficient funds immediately. We reserve the right to send you reminders or to take other debt collection measures, and we may charge a fee in connection with any debt collection or enforcement measures according to the applicable regulation.

6.5. If you believe that you did not Authorize a particular Transaction or that a Transaction was incorrectly executed you should contact at support@larstal.com without undue delay.

6.6. The maximum execution time for a Transaction is 48 hours. We will not be held liable for any Transaction that was unauthorized or incorrectly executed if you have failed to contact us without undue delay and - in all circumstances- later than 13 months after debiting the payment transaction in question. For objections from the payee, the time limit shall be 13 months after the date of crediting. You should also confirm the disputed Transaction by writing (email to support@larstal.com.) setting out full details of the Transaction and your reason for disputing it.

6.7. Subject to you notifying us without undue delay, we shall refund to you the amount of any Transaction not Authorized by you immediately unless otherwise stated in the Danish Payment Act 61-70, hereunder clauses 6.8- 6.16.

6.8. You shall only be liable pursuant to subsections 6.9.1-6.9.5, if the transaction is correctly recorded and entered in the accounts. In the event of unauthorized use of a payment instrument, the payer’s provider shall immediately repay the amount to the payer. You shall be liable without limit, however, for losses arising as a consequence of the payer having acted fraudulently or having failed to (1) take all the measures necessary to protect the personalized security features of the payment instrument, (2) use the payment instrument in accordance with the terms governing the issue and use of the payment instrument or (3) notify us without undue delay on becoming aware of loss, misappropriation or other unauthorized use of the payment instrument.

6.8.1: Unless greater liability is provided by subsection 6.8.2 or 6.8.5, you shall be liable for up to DKK 1,100 for losses consequential upon unauthorized use of the payment instrument by others, if the personalized security features of the payment instrument have been applied. 

6.8.2 Unless greater liability is provided by subsection 6.8.5, you shall be liable for up to DKK 8,000 for losses consequential upon unauthorized use of the payment instrument by others, if we confirm that the personalized security features of the payment instrument have been applied, and 

a) that you have omitted to notify us as soon as possible after becoming aware that the payment instrument is missing, or that the unauthorized person has become acquainted with the personalized security features, 

b) that you have surrendered the personalized security features to the person who has executed unauthorized use and the matter is not subject to subsection 6.8.5, or 

c) that, through grossly inappropriate conduct, you have made the unauthorized use possible. 

6.8.3 You shall be liable for up to DKK 8,000 for losses consequential upon unauthorized use of the payment instrument by others, if the payment instrument has been read physically or electronically and, in this connection, the unauthorized person has used a false signature and we justify it.

a) that you, or a person to whom you have entrusted the payment instrument, has omitted to notify us as soon as possible after becoming aware that the payment instrument is missing, or 

b) that you, or a person to whom you have entrusted the payment instrument, through grossly inappropriate conduct, has made the unauthorized use possible. 

6.8.4 If you are liable pursuant to subsections 6.8.2 and 6.8.3, the total liability shall not exceed DKK 8,000. 

6.8.5 You shall be liable without limit for losses consequential upon unauthorized use of the payment instrument by others in the event that the personalized security features of the payment instrument have been applied and the payer’s provider confirms that the payer has notified the personalized security features to the person who has carried out the unauthorized use, and that this has taken place under circumstances in which you realized, or should have realized, there was a risk of misuse. 

6.9 Notwithstanding subsections 6.8.1-6.8.5, we shall be liable for unauthorized use which takes place after we have been notified that the payment instrument is missing, that an unauthorized person has become acquainted with the personalized security features, or that for some other reason you wish to have the payment instrument blocked. 

6.10 Notwithstanding subsections 6.8.1-6.8.5, we shall be liable for unauthorized use, if the provider has not taken appropriate measures, in accordance with the Danish payment Act section 60(1), no. 2. 

6.11 Notwithstanding subsections 6.8.1-6.8.5, we shall also be liable, if you knew, or should have known, that unauthorized use of the payment instrument existed.

6.12 Subsections 6.8.1-6.8.6 shall apply to electronic money unless it is not possible for us to block the payment account or the payment instrument.

6.13 We shall have the burden of proof that a payment transaction has been correctly recorded, entered in the accounts and has not been affected by a technical breakdown or some other deficiency. When using a payment instrument, we shall also have the burden of proof that the personalized security features of the payment instrument have been applied in connection with the payment transaction. Recording use of a payment instrument shall not in itself constitute proof that you have approved the transaction, that you have acted fraudulently, or that you have omitted to meet his obligations according to section 6.9.

6.14 You shall have the right of refund from his provider of the full amount of a concluded payment transaction which was initiated by or through the payee, provided 1) you have not approved the exact amount of the payment transaction, and 2) the amount of the payment transaction exceeded the amount you could reasonably have expected, amongst other things taking into account his previous spending pattern and the conditions in his framework contract. Changes in the exchange rate, when this is calculated on the basis of a reference exchange rate, may not be invoked when 16.14 no. 2 is applied. 

6.14.1 You have no right to a refund in accordance with this subsection where you have given his consent to execute the payment transactions covered by this section directly to the payer’s provider and, where applicable, information on the future payment transaction was provided or made available in an agreed manner to the payer at least four weeks before the due date by the provider or by the payee. 

6.14.2 A request for refund according to this subsection, shall be received by us no later than eight weeks after debiting the payment transaction in question. 

6.14.3 We shall, no later than ten business days after receiving a request for a refund according to this subsection either refund the full amount of the payment transaction or provide justification for refusing the refund, indicating the possibilities for appeal.

6.15 A payment order, executed in accordance with the unique identifier (an encrypted 9-digit number) stated on the payment order, shall be considered as correctly executed. We shall take all reasonable measures to reimburse the funds involved in a payment transaction in which the user has notified an incorrect unique identifier. The framework contract may state that the provider of payment services may demand payment for reimbursing this amount.

6.16 If a payment order is initiated by you, we shall be liable for direct losses consequential upon non-execution or defective execution of the payment transaction unless we can prove that we have received the amount in accordance with section 75 in the Danish Payment Act. After we have received the amount, we shall be liable to you for direct losses consequential upon non-execution or defective execution of the payment transaction. We shall, however, always make efforts to trace the payment transaction and notify you of the outcome. If a payment order is initiated by or through you, we shall be liable to the payee for direct losses consequential upon non-execution or defective transmission of the payment order to the payer's provider, cf. section 75 in the Danish Payment Act. We shall, however, always make efforts to trace the payment transaction and notify the payee of the outcome. We, who may have compensated for a loss, consequential upon conditions at another provider or third party, may demand the compensation refunded by the person in question. If a payment is missing or delayed under the circumstances mentioned here, remedies for breach may not for this reason be made applicable to you, except for demands for interest. If the amount has been debited to your account, payment shall be in full satisfaction of all claims for you.

6.17. You must not load your Wallet through a debit card or other payment instrument or a payment account if you are not the named holder of that payment instrument or account. Any attempt to use a payment instrument or account of which you are not the named holder will be considered a fraudulent act. Without prejudice to claiming further Losses, if we are required to return funds loaded from a payment instrument or account that is not in your name, we may charge a fee corresponding to Larstal’s actual costs in this regard.

6.18. Our processing of all Loading Transactions will be subject to our usual fraud, money laundering and other operational and customer service checks. Accordingly, there may be delays in the time required for E-Money to appear in your Wallet once you have performed a Loading Transaction. Unless we expressly state otherwise, we shall not act as a merchant in relation to any Transaction.

6.19. You accept and agree that a Loading Transaction made in a currency other than Euros will be converted into Euros by the Web & App at the prevailing rate of exchange displayed on the Web & App at the time of that Loading Transaction (please see our website for details of the source of the exchange rates used by the Web & App from time to time). You accept that such conversion shall be entirely at your own cost and risk, including the result of any fluctuation or difference between the rate of exchange displayed on the Web & App at the time of the Loading Transaction and at the time of the redemption request.

6.20. If you perform a Loading Transaction by debit card, your payment information will be stored securely in accordance with Applicable Laws. All credit/debit card information is protected according to PCI_DSS regulations, where all cardholder data and/or sensitive authentication data is processed by a certified PCI DSS service provider Level 1. We do not store, transmit nor process cardholder data and/or sensitive authentication data, restricting interactions to only tokenized information.

6.21. Your Wallet is not a deposit account, which means that your funds will not be protected by any depositor or investor guarantee scheme in Denmark. However, we will hold funds received in a designated safekeeping account with a regulated financial institution in accordance with the Payment Act, and those funds will not be used by us other than on your instructions in connection with your Wallet. Your Wallet does not grant or accrue any interest or bonuses related to the duration of time that you hold E-Money with us.

6.22 Users are specifically prohibited from using AstroPay Wallet in sites which are prohibited businesses as per their local laws. As an example, a Danish user shall not use the Wallet in prohibited businesses as per Danish law. Any noncompliance with the aforementioned shall be considered breach of these terms and conditions. 

7. Fees and using your Wallet

7.1 You agree that any fees and other amounts due and payable to us under these Terms may be deducted from your Wallet without further notice. The redemption fees will correspond to Larstal’s costs in connection with the redemption (see further clause 12). 

Such deductions may be made at any time, and without us notifying you, but these will be reflected in the information in your Account. We further reserve the right to change our Fees upon two (2) months’ notice given to you through notification on the Web & App (or by email if deemed necessary) prior to such changes going into effect. 

Reasons why we may change our fees may be: 

- changes in the exchanges available to us and their offerings

- changes to the costs of fundings our services

7.1 Managing your Wallet.

You are responsible for:

  1. The use of your Wallet;
  2. Ensuring that your use of the Services or access to your Wallet complies fully with these Terms; and
  3. The safekeeping of your username and password for your Wallet.

7.2. Account username and password. Do not share your username or password with anyone. If you disclose your username or password to anyone, you are responsible and liable for their access, use or misuse of your Wallet. If your username, password or other Wallet details are lost, stolen or compromised, or you believe a third party has unauthorized access to your Wallet, you must contact us immediately in accordance with Clause 15. We will take reasonable steps to stop unauthorized use of your Wallet, which may include suspending or canceling your Wallet or otherwise suspending access to the E-Money.

8. Changes to your Wallet details

8.1. Changes to your Account Details. You must notify us immediately of any change in your Wallet details. We cannot guarantee proper performance of the Services in the event the Wallet details you have provided are not accurate or become inaccurate. We disclaim all liability for any Losses that may result from such inaccuracies. You can notify us by contacting us in accordance with Clause 15, and we may require you to confirm such notification in writing or through other factors of authentication (which may include messages or calls to your mobile phone, or confirmation mail to your physical address). You will be liable for any Loss that directly results from any failure to notify us of any change. In order to verify a new address, you must provide any proof that we require.

8.2. Verifying your identity. We reserve the right at any time to seek verification as to your identity and address (for example, by requesting relevant original documents), including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, we may perform, in connection with your Wallet, electronic identity verification checks either directly or using relevant third parties. You agree to provide us with the information we request for purposes of identity verification and the detection of money laundering, terrorist financing, fraud or any other financial crime, and we will keep a record of such information in accordance with our Privacy Policy. If you fail to provide the requested information, we reserve the right to suspend your Wallet pending receipt and verification of that information.

9. Proprietary Rights

9.1. All rights, title and interest in, and to, the Intellectual Property Rights subsisting in, or embodied by, the Web & App, the Services, any proprietary software or other technology required to operate the Web & App or the Services, and any modifications or improvements thereto, including any derivative works, are retained by us and protected under applicable Intellectual Property Rights.

9.2. By activating your Wallet, we grant you a limited permission to use the Web & App solely for the purpose of benefiting from the Services in accordance with these Terms. In particular and without limitation, this permission does not grant you the right to create, author or invent any modifications or improvements to, or derivative works of, the Web & App. We may suspend or terminate this permission in accordance with Clause 12. Notwithstanding the foregoing, nothing in these Terms grants you any permission or right to use our trademarks, service marks, trade dress, slogans, logos or other indicia of origin.

9.3. If you submit any ideas, suggestions or other feedback to us about the Web & App or the Services, you grant to us the right to use or disclose such feedback without any further obligation to you. All rights not expressly granted to you under these Terms are reserved by us.

10. Right to cancel

10.1. You have the right to cancel your Wallet and these Terms for any reason within a ‘cooling-off’ period of fourteen (14) days from the date on which your Wallet is registered. You must contact us within this fourteen (14) day period and inform us that you wish to withdraw from your purchase and these Terms and you must not make any Transactions. We will then cancel your Wallet and reimburse your Available Balance to you within fourteen (14) Business Days of our receipt of your cancellation request.

10.2. If you wish to exercise your right of withdrawal, please refer to the guidance hereon, which can be found at the end of these Terms.

10.3. If you fail to exercise your right to cancel under Clause 10.1, then these Terms shall remain in full force and effect and you may only terminate your Wallet and these Terms in accordance with Clauses 2.1 or 11.

11. Termination and Suspension

11.1. If you wish to terminate your Wallet, which means that the Terms are also terminated, at any time, you must inform us of your wish to terminate through the Web & App or by notifying us in accordance with Clause 15. 

11.2. We may terminate or suspend your Wallet or your use of the Service immediately, as well as debit the funds available in the user’s account/balance if applicable, in the event that:

  1. we reasonably believe that you have used or are likely to use the Services, or allow them to be used, in breach of these Terms;
  2. we reasonably believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing, other criminal activity, other breach of Applicable Law, or if we have any other security or legal or regulatory compliance concerns;
  3. we reasonably believe that you have provided false or misleading information;
  4. we reasonably believe that you are involved in any dispute or disagreement with any Merchant Operator or User whether that dispute or disagreement relates to the Services or otherwise;
  5. we are unable to verify your identity or any other information pertaining to you, your Wallet or a Transaction;
  6. we are required to do so in accordance with our legal and regulatory obligations under Applicable Law; or
  7. we cease to be authorized to provide the Services.

11.3. If there have been no Transactions on your Wallet for a period of at least one (1) year, we reserve the right to terminate it and these Terms. We will give you two months’ notice.

11.4. Upon termination of these Terms and your Wallet in accordance with this Clause 11, all pending Transactions will be processed and, if your Wallet has a positive balance, we will redeem your unused funds, within thirty (30) Business Days:

  1. Of the date on which you inform us of your wish to terminate these Terms (i.e. your Wallet); or
  2. on which termination otherwise occurs in accordance with this Clause 11.

11.5. Upon termination of these Terms, unless otherwise expressly stated in Clause 12, the provisions of Clause 12 shall apply in such circumstances.

11.6. The Terms in effect as of the date of the termination of your Wallet will survive and continue to apply to any aspects of your use of the Web & App or the Service prior to termination, including your Wallet information, your Available Balance, any outstanding Transactions, and any relationship between you and a Merchant Operator or User formed with the assistance of the Web & App or the Service.

11.7. The termination or expiry of these Terms for whatever cause shall not affect any provision of this Agreement which is expressed or by implication intended to survive or operate in the event of termination or expiry of the Agreement, including but not limited to Clause 7 (Using Your Account), Clause 9 (Proprietary Rights), Clause 11 (Termination), Clause 12 (Redemption) and clause 13 (limitation of liability).

12. Redemption

12.1. We will redeem, either in part or in full, the monetary value of the Available Balance on your Wallet, at any time, at par value, following instructions given by you to do so and subject to your payment of any applicable fees and the remainder of this Clause 12.

12.2. We reserve the right to carry out any necessary money-laundering, terrorist financing, fraud and other illegal activity and operational checks before authorizing any redemption or transfer of funds to you, including returning any funds after the termination of these Terms. Accordingly, there may be delays in the time between our receipt of your redemption request and your receipt of the relevant funds.

12.3. We do not guarantee the availability of any particular redemption method using a particular payment service provider and may make changes to or discontinue a particular redemption method at any time as long as there is at least one redemption method available to you. Where the redemption is received by you through the involvement of a payment service provider (e.g. the bank where you hold the beneficiary bank account), we shall not be responsible for the redemption payment once the funds are received by your payment service provider.

12.4. After we have approved the redemption of your funds, you must ensure that the payment details for the transfer are accurate and complete. Where you provide us with incorrect details, we will not be held liable for funds sent to the incorrect payment account or instrument. We reserve the right to charge you a fee in the event that you request our assistance in retrieving money from an incorrect payment account or instrument and transferring that money to the correct payment account or instrument. The fee will correspond to the actual costs incurred by Larstal in this regard.

12.5. You must be the named account holder of the account to which you instruct us to transfer the funds in the case of a redemption request. A breach of this requirement shall be treated as a breach of these Terms and / or a fraudulent act without prejudice to our right to claiming further Losses. If we are required to investigate a redemption for the transfer of funds to a payment account or instrument that is not under your name, we reserve the right to charge you a fee. The fee will correspond to the actual costs incurred by Larstal in this regard.

12.6. You accept that all redemption requests will be made in Euros and via a bank transfer to a designated account. In the instance where the redemptions are made to an account that is in another currency except Euros, you accept and agree that the amount to be redeemed will be converted from Euros by the Web & App to the applicable currency at the rate of exchange displayed on the Web & App at the time of that redemption request (please see our website for details of the source of the exchange rates used by the Web & App from time to time). You accept that such conversion shall be entirely at your own cost and risk, including the result of any fluctuation or difference between the rate of exchange displayed on the Web & App at the time the Inbound Transaction or Loading Transaction is made and at the time of the redemption request.

12.7. If, following any redemption, Outbound Transactions are found to have been made or fees incurred using your Wallet that exceed your Available Balance, we will notify you of any such outstanding amounts, and you shall pay any such amounts to us on demand.

13. Liabilities

13.1. If we fail to comply with these Terms, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us when you activated your Wallet.

13.2. Except as provided in Clause 13.1, we shall not be liable under or in connection with these Terms for any loss of profits, business, revenue or savings (actual or anticipated), loss of agreements or contracts, loss of opportunity, loss of data or loss of, or damage to, goodwill or reputation (including as a result of your inability to participate in any goods, services or offerings of a Merchant Operator, to the extent that is caused by a failure in the Web & App or the Services or delays in the time required for E-Money to appear in your Wallet once you have performed a Loading Transaction or a Merchant Operator has authorized an Inbound Transaction);

13.3. You are solely responsible for your interactions with the Merchant Operator or User. Subject to Clause 5.4, we reserve the right, but have no obligation, to monitor or mediate any disputes between you and any Merchant Operator or Users.

13.4. Except as provided in Clause 13.1 where we have incorrectly and due to our fault:

  1. deducted amounts from your Available Balance, our liability shall be limited to payment to you of an equivalent amount; or
  2. credited too low an amount to your Available Balance, our liability shall be limited to payment to you of an incremental amount that ensures you have received the correct amount due,

provided that, in each case, if we subsequently establish that the refunded or incremental credited amount had been correctly deducted or credited (as the case may be), we may deduct it from your Available Balance and, if you do not have sufficient Available Balance, you must repay us the amount immediately upon demand.

13.5. Notwithstanding Clause 6, we shall not be liable for any unauthorized or incorrectly executed Transactions in the event that the Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal or regulatory obligation.

13.6. Notwithstanding anything to the contrary in this Agreement, we have the rights to (i) freeze the funds in your Account and refuse to transfer funds out of your Account; or (ii) off set the balance in your Account by using your balance in a different currency, if:

13.7.1. Larstal, acting reasonably, determines that doing so: (i) is likely necessary or prudent to: (1) comply with Applicable Law; or (2) preserve or protect Larstal’s legal rights or remedies; or (ii) would likely assist with an investigation by Larstal or any governmental authority;

13.7.2. you have breached this Agreement; or

13.7.3. you have any unsatisfied debts, obligations, or liabilities to Larstal.

13.8. Abusive Actions. Situations, such as internet connectivity issues, latency, or other technical errors, may arise that could cause transactions on Larstal to not reflect usual business rules accurately. You shall not take advantage of these situations or other errors, bugs, or malfunctions of the Services, or otherwise take any abusive or manipulative trading actions that would provide you with undue commercial advantage or would otherwise not be in good faith. If Larstal, acting reasonably, determines that you have breached this Clause 13.8, Larstal may: (a) reverse all Transactions that are related to such breach; (b) cancel any Transaction that is related to such breach; (c) suspend or close your Account; or (d) freeze and set-off accordingly any funds available.

13.9. This Clause 13 shall survive cancellation of these Terms.

14. Force Majeure

14.1. We shall not have any liability under, or be deemed to be in breach of, these Terms for any delays or failures in performance of any of our obligations under these Terms that result from a Force Majeure Event.

15. Contact Details and Notice

15.1. If you have any questions or concerns about the Services, or to report issues with your Wallet, please contact us by email at support@larstal.com.

15.2. You may serve notices to us in writing at the contact details at Clause 15.1.

15.3 You accept and agree that we may serve notices (excluding notices containing marketing or branding which requires your explicit consent) to you in writing to the email address linked to your Wallet. You may amend the same from time to time.

15.4. You agree that we may provide you with notices and other disclosures in connection with your Wallet and the Services by posting notices on the Web & App.

16. Miscellaneous

16.1. We may at any time transfer all or any of our rights and obligations under these Terms to any third party (including by way of merger, consolidation or the acquisition of all or substantially all of our business and assets relating to these Terms), but this will not affect your rights or our obligations under these Terms.

16.2. You may only transfer your rights or your obligations under these Terms to another person if we give our prior written consent to this.

16.3. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

16.4. Nothing in these Terms is intended to, or shall be construed so as to, establish or imply any partnership or joint venture or a relationship of principal and agent between you and us or constitute either of you or us as the agent of the other party, or authorize you or us to make or enter into any commitments for or on behalf of the other party.

16.5. Each of the paragraphs of these Terms 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.

16.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.7. These Terms and the documents referred to in it, constitute the whole agreement between you and us relating to the subject matter of these Terms, and supersede any prior written or oral arrangement, understanding or agreement between them relating to such subject matter.

16.8. These Terms are provided to you in the English language. Where we have provided a translation of these Terms to you, you agree that such translation is provided for your convenience only and that the English language version of these Terms will govern your relationship with us. If there is any contradiction between the English language version of these Terms and any translation, the English language version takes precedence.

16.9. By participating in the initiative “Help AstroPay grow”, you are accepting that We will share your request to the Merchant together with users’ email, name and surname. Thank you for participating since through this initiative we are sure Merchants will understand how many users want the Merchant to add us to their cashier.

17. Governing Law and Jurisdiction

17.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Denmark.

17.2. Each party irrevocably agrees that the courts of Denmark shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). 

18. Complaints Handling

18.1. LARSTAL Denmark is a private limited company registered in Denmark under company number 42457590, and whose registered office address is Frederiksborggade 15 3, 1360 Copenhagen is authorized by the Danish Financial Supervisory Authority (Finanstilsynet) as an electronic money institution. We refer to the register of the Danish FSA where Larstal Denmark has received FTID 40514 (Link) Larstal Denmark will ensure all customers have access to the complaints policy and procedure upon request and will include a copy of this document in any written acknowledgement of a complaint, to ensure the customer is aware of his or her rights in following up the complaint.

18.2. If you wish to make a complaint about the Services, you can email us at support@larstal.com, with brief details of your complaint and the phone number and email address associated with your Account or request our complaint form and send to our service email address on the form. Alternative procedures are stipulated in the Complaints Policy and Procedures. We will acknowledge your complaint by email within three business days.

18.3. If the complaint is not resolved by the end of three business days after it’s received, we initiate a formal complaint handling procedure. The email will contain details of the complaints handling procedure and your right to refer the complaint to the Danish Financial Complaint Board or the Danish Consumer Ombudsman if you are dissatisfied with our assessment and ruling.

18.4. We will send you a final response to your complaint within 15 days upon receipt regarding the complaints about rights and obligations arising under Parts 5 and 6 of the Payment Act or within eight (8) weeks upon receipt regarding complaints not related to rights and obligations arising under Parts 5 and 6 of the Payment Act. Should it not be possible to resolve your complaint in this timeframe, we will provide you with a date when we will respond to you, with a reason why, or in any case this will be no later than 35 business days from the date when the complaint was received.

18.5. If you have a complaint about any regulated aspect of the Services that we cannot resolve within the terms specified in Clause 18.4, such complaint may be referred to the Danish Financial Complaint Board St. Kongensgade 62, 2., 1264 Copenhagen, Denmark (further details can be found at www.fanke.dk) or the Danish Consumer Ombudsman, Carl Jacobsens Vej 35, 2500 Valby, Denmark (further details can be found at www.forbrugerombudsmanden.dk/consumer-ombudsman/). It’s also possible to send a complaint to The European Online Dispute Resolution (ODR) ( ec.europa.eu/consumers/odr) or, if you reside in one of the countries listed in Annex A, to the authorities specified therein.

Guide on the Right of Withdrawal

Withdrawal Period

The withdrawal period is 14 days. The period is generally calculated from the day you entered into the agreement, such as signing the contract or placing the order. According to the Danish Consumer Contracts Act, you are entitled to receive various information, including details about the right of withdrawal and the ordered service. The withdrawal period does not commence until you have received this information in writing (e.g., on paper or via email).

For instance, if you place your order on Monday the 1st and have also received the mentioned information, your deadline is through Monday the 15th. If you receive the information later, for example, on Wednesday the 3rd, your deadline is through Wednesday the 17th.

If the deadline falls on a public holiday, Saturday, Constitution Day, Christmas Eve, or New Year's Eve, you may wait until the following business day.

How to Withdraw?

Before the expiration of the withdrawal period, you must notify us that you have decided to withdraw from the agreement. If you choose to provide this notification in writing – for example, by letter or email – you only need to send the notification before the deadline. If you want to ensure proof of timely withdrawal, consider sending the letter by registered mail and retain the postal receipt.

Notification of withdrawal must be sent to:

Name: Larstal Denmark ApS, Frederiksborggade 15 3, 1360 Copenhagen, Denmark

Email: support@larstal.com

END OF AGREEMENT

Annex A

If you reside in Spain:

The Bank of Spain’s Complaints Service (Servicio de Reclamaciones del Banco de España)

Website: https://www.bde.es
Phone: +34 91 338 88 30
Email: reclamaciones@bde.es

If you reside in Portugal:

The Bank of Portugal’s Complaints Service (Provedor do Cliente Bancário do Banco de Portugal)

Website: https://clientebancario.bportugal.pt
Phone: +351 21 313 01 00
Email: info@bportugal.pt