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Third Party App Terms

Last updated: 1st March 2022

From time to time, Airwallex US, LLC and its related entities (“Airwallex”, “us” or “we”) will provide you with the opportunity to permit

● Airwallex to share data associated with your Airwallex Account (data in such Account, the “Airwallex Account Data”) with applications (“Third Party Apps”) created by third parties (“3Ps”);

● 3Ps to share data associated with their Third Party App accounts (“3P Account Data”) with Airwallex; and

● Airwallex and/or a 3P to create new accounts or cards linked to an account, charge an account or initiate transactions on their behalf through those accounts,

among other activities (“Permissions”). Airwallex Account Data and 3P Account Data are collectively “Account Data”.

By connecting your Account to a Third Party App or otherwise granting a 3P access to Account Data, you agree to be bound by these terms and conditions (“Third Party App Terms”).

These Third Party App Terms constitute Additional Terms that apply to your use of Third Party Apps and are incorporated to form a part of the Payment and FX Terms you agreed to when opening your Account. Capitalised terms which are not defined here have the meanings given to them in the Payment and FX Terms. To the extent of any inconsistency with the Payment and FX Terms, these Third Party App Terms will prevail to the extent the inconsistency relates to Services described here.

1. Transfer of Account Data

You acknowledge and explicitly consent and agree hereby that:

● Airwallex may transfer any and all Airwallex Account Data to the 3P in reliance on the consent you have provided to us here, on our sites, 3P sites or elsewhere (through the 3P or directly);

● if the Account Data comprises of any personal information about any third party, you have obtained the consent of such third party to the disclosure or the disclosure is otherwise in compliance with applicable Data Protection Legislation; and

● such transfer will be subject to the 3P’s terms of use, privacy policy and any other terms and conditions that the 3P stipulates will apply to the transfer (together, the “3P Terms”), and you will be required to enter into these 3P Terms with the 3P directly.

You understand that your rights to Account Data and Airwallex’s control over Account Data will be impacted by the operation of the 3P Terms.

For example, the 3P Terms may stipulate that any data transferred to them may be used for a wide variety of purposes such as advertising and data analytics. The 3P may also have different retention policies from ours, which will determine how long they will keep Account Data for.

You should always review the applicable 3P Terms before granting a 3P access to Account Data.

2. Access to and Control of Airwallex Account through Third Party Apps

Your account with certain Third Party Apps (each, a "Third Party Account") may be linked to your Accounts after you provide consent for this to occur. You acknowledge and agree hereby that any requests by you to link Third Party Accounts and Airwallex Accounts must be submitted by a person that is authorised to make such requests.

Once you link a Third Party Account with an Airwallex Account, you can gain access to and control over that Airwallex Account (or the relevant part(s) thereof), to the extent the linkage between that Airwallex Account and that Third Party Account allows, by logging into that Third Party Account.

Any instructions to Airwallex or any operation of that Airwallex Account from, by or through that Third Party Account will be considered as being your fully authorised instructions or operation of that Airwallex Account. You hereby authorize Airwallex to effectuate any Payout payment on your behalf if 3P instructs Airwallex to do so. Airwallex is not required to authenticate or verify any such instructions or operations. It is solely your responsibility to ensure access to and control of any Airwallex Account through Third Party Apps is limited to your Authorised Users.

3. Permissions

Upon a request by you to link an Airwallex Account with a Third Party Account, Airwallex and/or applicable 3Ps may request certain Permissions in connection with the Accounts.

You acknowledge and agree that:

● any Permissions granted by you will be approved by a person that is authorised to approve such Permissions; and

● Airwallex and 3Ps may undertake activities with respect to the Accounts and Account Data in reliance on the Permissions you have granted to that 3P or to us, regardless of whether the person that granted such Permissions was authorised by you.

4. Transfer of personal information

We are committed to protecting your privacy. Please review our Privacy Policy to learn more about how we safeguard, share and use your information. Please be advised that in order to provide our Services we may share your information with evolve Bank & Trust, our affiliate and subsidiaries, and other third parties to verify your identity and/or your account information to provide our services to you as further detailed in our Privacy Policy. If you provide any personally identifiable information to Airwallex about any third party, you confirm that you have obtained consent from such third party to disclose the information.

5. Removing 3P access to Account Data

Airwallex may in its sole discretion:

● suspend or terminate a 3P’s access to Account Data; or

● cease providing you the opportunity to grant 3Ps access to Airwallex Account Data,

at any time.

Generally, we will endeavour to provide you with reasonable notice prior to taking any of these actions, although that may not be possible in certain cases such where we suspect illicit conduct or information security risks, or when we need to take these actions for reasons outside our reasonable control.

You can also remove a 3P’s access to Account Data at any time by changing the settings of your Airwallex Account or contacting us at [email protected]. You should give us at least 10 days advance notice if you contact us by email so we have time to process your request. Your request is also subject to any third party cooperation that may be required in the circumstances.

Removing a 3P’s access does not necessarily mean that the 3P will delete Account Data that has been transferred to their systems. Please contact the 3P directly if you have any questions on how they will use Account Data.

6. Data Rights

Airwallex and its licensors own all rights in and to Account Data. These Third Party App terms do not transfer from Airwallex to you, a 3P or any third party, any ownership rights we have in and to Account Data.

7. Disclaimer

Airwallex does not warrant or guarantee that the Third Party Account is suitable for you or your intended use of the Third Party Account. You acknowledge that the 3P may not be a service provider of Airwallex in relation to the Airwallex Account, that Airwallex may not be a service provider of the 3P in relation to the Third Party Account, and it may be the case that no relationship exists between Airwallex and the 3P with respect to your Accounts.

8. Liability

Direct Losses. Airwallex will not be liable for any loss or damage suffered or incurred by you arising out of use or receipt of our services in connection with Third Party Apps, including any loss or damage arising out of or in connection with the 3P’s use of Account Data (including loss of Account Data), any fault, error, interruption, delay, omission or failure (whether within or beyond our control) or any inaccuracy, omission or incompleteness of content comprised in Account Data or any omission of ours. In relation to obligations we cannot exclude by law, our total liability to you in respect of any loss or damage is limited to US $ 100.

Indirect Losses. We will not be liable to you for any loss of profit or business revenue, reputation, goodwill, business or business contracts, use, anticipated savings, loss or corruption or destruction of data, loss arising from the transmission of viruses or any costs, damages or claims (whether direct or indirect), or any indirect or consequential loss or damage suffered by you (including any liability incurred to a third party) in connection with use of Third Party Apps, including as a result of any negligence of ours and whether or not we were advised in advance of the possibility of such loss or damage, as a result of any fraudulent use, misuse or misappropriation of any user account, or as a result of any act committed by another person in connection with your use of our websites.

Limitation of liability. These limitations in liability apply in addition to the provisions set out in the Payment and FX Terms and regardless of whether an action arises in contract, tort (including negligence), strict liability or otherwise and will survive the expiry or termination of the Agreement.

9. Changes to these terms

We reserve the right to make changes to these Third Party App Terms from time to time by posting an updated version on our website. We will consider that you have accepted the proposed changes if you continue to use the Services described in these Third Party App Terms.

10. Contact us

If you have any questions on the content of Account Data that may be transferred or any other queries, please contact us at [email protected].