Give & Get Terms of Services

Last updated: November 15th 2023

These Think Green Terms of Use are an agreement between Think Green Services Inc., a Montana company having its address at 1001 South Main Street, Suite 500, Kalispell, Montana 59901 USA (“Think Green”, “we”, “our”, “us”) and the person or entity accepting them (“you”, “your” or “User”).

ARBITRATION NOTICE. Except for certain kinds of disputes described in the Arbitration provision below, you agree that disputes arising under this Agreement will be resolved by binding individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND Think Green ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOU RIGHT TO GO TO COURT to assert or defend you rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a single ARBITRATOR and NOT a judge or jury. Please see the Arbitration provision below.

1. Scope of these Terms of Use

1.1. These Terms of Use govern the opening, use and closure of your Think Green 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. Please 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 Site.

1.2. Depending on the type of Think Green Account you have, additional terms and conditions may apply as sent to you at the appropriate time through your Think Green Account or by email to the email you have provided to Think Green for communication.

2. US Persons Prohibited

2.1. If you reside in or are located in the United States or any of its territories, you are prohibited from using the services provided under this Agreement.

3. Your Think Green Account

3.1. Your Think Green Account is a hosted fiat e-wallet account which enables you to receive, hold and send USD.

3.2. Think Green is registered as a money transmitter with the U.S. Department of the Treasury Financial Crimes Enforcement Network (“FinCEN”) and operates pursuant to a Bank Secrecy Act-compliant anti-money laundering program (the “AML Program”).

3.3. Think Green does not hold any U.S. state money transmitter licenses.

3.4. Your Think Green Account is denominated in U.S. dollars.

3.5. The Think Green Account does not bear interest.

3.6. The Think Green Account is not insured by the Federal Deposit Insurance Corporation (“FDIC”) or otherwise.

3.7. You have the right to withdraw funds from your Think Green Account at any time. However, you may be required to confirm your identity beforehand and you must cover the applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request from those that Think Green makes available.

3.8. The funds in a Think Green Account belong to the person or legal entity which is registered as the Think Green Account holder. No person other than the Think Green Account holder has any rights in relation to the funds held in a Think Green Account, except in cases of succession. You may not assign or transfer your Think Green Account to a third party or otherwise grant any third party any interest in it.

3.9. Your Think Green Account may be subject to upload, payment and withdrawal limits, depending on your country of residence, the verification status of your Think Green Account and other factors used by us to determine such limits from time to time at our sole discretion.

4. Opening Your Think Green Account

4.1. In order to use our services you must first open a Think Green Account by registering your details on our Site. As part of the signup process you will need to accept these 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.

4.2. If you are an individual, you must be 18 years or older to use our services and by opening a Think Green Account you declare that you are 18 years or older.

4.3. You may only open one Think Green Account unless we explicitly approve the opening of additional accounts.

4.4. You may only open a Think Green Account if it is legal to do so in your country of residence. By opening a Think Green Account you represent and warrant to us that your opening of a Think Green Account does not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section.

4.5. All information you provide during the signup process or any time thereafter must be accurate and truthful.

4.6. You may only add payment instruments (such as bank accounts, credit cards or debit cards) to your Think Green Account if you are the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to add a payment instrument of which you are not the named holder as a fraudulent act.

4.7. During signup you will be asked whether you intend to use your Think Green Account for private or commercial purposes. If you have any intention to use your Think Green Account for commercial purposes, you must tell us, even if you use it also for private purposes. If you have stated that you will use your Think Green Account for private purposes only, you must tell us immediately before, at any point in the future you use it for commercial purposes by contacting Customer Service. You are using your Think Green 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 Think Green Account for commercial purposes. If you are using your Think Green Account for commercial purposes, in addition to these Terms of Use, you shall be bound by our Merchant Terms and Conditions. If you are in any doubt about whether or not an activity amounts to a commercial activity, you should contact Customer Service.

4.8. Within 14 days of the date of opening your Think Green Account, you may close your Think Green Account at no cost by contacting Customer Service, however, if you have uploaded funds into your Think Green Account, you may be required to provide identification documents before being able to withdraw funds. Transactions and fees for transactions undertaken before you close your Think Green Account (including those transactions that are not revocable and have been initiated but not completed before closure of your Think Green Account) will not be refunded.

5. Maintaining Your Think Green Account

5.1. You must ensure that the information recorded on your Think Green 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.

5.2. We may contact you by e-mail or in other ways provided for in this agreement with information or notices regarding your Think Green Account. It is your responsibility to regularly check the proper functioning of your e-mail account or other methods of communication that you have registered with your Think Green Account and to retrieve and read messages relating to your Think Green Account promptly. We shall not be liable for any loss arising out of your failure to do so.

5.3. Fund uploads, payments received, payments sent and fund withdrawals are displayed in your online transactions history together with the fees charged. You should check your Think Green Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.

5.4. In order to claim a refund for an unauthorised or incorrectly executed payment transaction on your Think Green Account you must notify us without undue delay after becoming aware of the unauthorised or incorrect transaction and in any event no later than thirteen (13) months after the debit date of the transaction.

6. Keeping Your Think Green Account Safe

6.1. You must take all reasonable steps to keep your Think Green Account password safe at all times and never disclose it to anyone. Our personnel will never ask you to provide your password to us or to a third party. Any message you receive or Site you visit that asks for your password, other than the Think Green Site or a Think Green payment gateway on a merchant Site, should be reported to us. If you are in doubt whether a Site is genuine, you should contact Customer Service. It is advisable to change your password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to your Think Green Account. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your Think Green Account or watch you accessing your Think Green Account.

6.2. If you have any indication or suspicion of your Think Green Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password. You must contact Customer Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your Think Green Account, login details, password or other security features. Any undue delay in notifying us may not only affect the security of your Think Green Account but may result in you being liable for any losses as a result. If you suspect that your Think Green Account was accessed by someone else, you should also contact the police and report the incident.

6.3. We may suspend your Think Green Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Think Green Account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your Think Green Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

6.4. You must take all reasonable care to ensure that your e-mail account(s) are 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 Think Green Account. In case any of the e-mail addresses registered with your Think Green Accounts are compromised, you should without undue delay after becoming aware of this contact Customer Service and also contact your e-mail service provider.

6.5. Irrespective of whether you are using a public, a shared or your own computer to access your Think Green Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded. You should never use any functionality that allows login details or passwords to be stored by the computer you are using.

6.6. Additional products or services you use may have additional security requirements and you must familiarize yourself with those as notified to you.

7. Closing Your Think Green Account

7.1. You may close your Think Green Account at any time by contacting Customer Service.

7.2. We may close your Think Green Account at any time and for any reason or no reason on email notice to you or notice through the Think Green Account.

7.3. If your Think Green Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your Think Green Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your Think Green Account but you may withdraw any remaining funds by contacting Customer Service and requesting that the funds are sent to you in a manner that is reasonably acceptable for us. You may do so for a period of five (5) years from the date of closure of your Think Green Account but we suggest that you withdraw your remaining funds as soon as possible as they will not earn any interest while being deposited in your Think Green Account. Your obligations with regards to keeping your Think Green Account safe as set forth in section 6 shall continue to apply.

7.4. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorizing any withdrawal of your funds, including in relation to returning any funds to you after you have closed your Think Green Account.

8. Uploading Funds

8.1. You can upload funds by visiting the Site, logging into your Think Green Account and following the relevant upload instructions. You may be presented with a number of different upload methods, depending on which payment instruments you have added to your Think Green Account and which payment methods are available in your country of residence. Upload methods are payment services provided by third party financial institutions (for example, the issuer of the payment card you use to upload funds or third party direct banking service providers) 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. We shall not be responsible for the upload payment until the uploaded funds are received by us.

8.2. You may be asked to answer security questions or to complete other activities that we may reasonably require to ensure proper authorisation of an upload transaction.

8.3. If you choose an upload method using a payment instrument that may be subject to chargeback rights such as (but not limited to) credit or debit card or direct debit, you declare that you will not exercise such chargeback right other than for unauthorised use of the payment instrument or for a breach by us of these Terms of Use which would result in you having a right to a refund of the uploaded amount. Otherwise, you may not charge back any upload transaction or allow a chargeback of any upload transaction for reasons for which we are not responsible including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment instrument account. We reserve the right to charge you fees and expenses we incur in connection with such chargeback and any action undertaken to challenge the same. We may also charge you a chargebacks fee of $50 USD.

8.4. You may allow a merchant that you wish to pay through us on a regular basis (e.g. for a subscription service) to debit your Think Green Account for each recurring payment. In this case you authorise us to debit the payment instrument (e.g. your credit card or bank account) which you used to make the original payment also for each subsequent payment. In order to cancel recurring payments for the future, you should (a) contact us and (b) notify the merchant from which you have purchased the goods or services that you have cancelled the recurring payment. You should not cancel or otherwise reverse such recurring transactions by simply contacting the issuer of the payment instrument (e.g. your credit card provider or bank) without following the cancellation steps mentioned in this section 8.4. Subject to section8.5, we will not be liable for any recurring payment(s) that are made before you have notified us of the cancellation and if your Think Green Account balance goes into negative as a result of such payment(s), you will be liable to repay such amount to us.

8.5. We will refund any past recurring payment(s) initiated by or through the merchant provided that (a) the original authorisation given to us or the merchant did not specify the exact amount of the payment and (b) the amount of the payment exceeded the amount that you could reasonably have expected taking into account your previous spending pattern and the circumstances of the case. You must request such a refund within eight weeks from the date the funds were debited from your Think Green Account. You agree to provide us with such information as is reasonably necessary to ascertain whether the conditions for a refund described in this section 8.5 are satisfied. Within ten (10) Business Days of receiving a request for a refund or, where applicable, of receiving any further information we requested from you, we will either refund the full amount of the payment or provide you with justification for refusing to refund the payment. 8.5(A).

8.6. If a chargeback or reversal of an upload transaction results in a negative balance in your Think Green Account, you will be required to repay such negative balance by uploading sufficient funds into your Think Green Account. Failure to do so is a breach of these Terms of Use. Repayment of the negative balance is due immediately without notice. We reserve the right, at any time, to send you reminders or to take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts.

8.7. Uploaded funds will be credited to your Think Green Account after the funds have been received by us. Some upload transactions, such as those by credit or debit card, direct debit or direct banking will be credited to your Think Green 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 Think Green Account. If your Think Green Account balance is insufficient, we reserve the right to require repayment from you.

8.8. For the purposes of an upload transaction through a payment instrument, we are a payment recipient and not a payment service provider.

8.9. You must not make an upload through a payment instrument if you are not the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if we are required to return funds uploaded from a payment instrument that is not in your name, we may charge an administration fee of USD$25 per upload return.

8.10. Uploads may be subject to upload limits due to security and legal requirements. These limits are set dynamically depending on your verification status and the upload method you want to use. You should be aware that depending on your verification status your upload limits may be higher than your withdrawal or spending limits. You can view these limits at any time in the relevant section of your Think Green Account profile.

8.11. Uploads are subject to upload fees and currency conversion fees depending on which upload method and payment instrument is chosen.

9. Sending Payments

9.1. To send a payment you are required to authorise the payment with your login details and password. We may also ask you additional security questions relating to you or your Think Green Account. If your Think Green Account is protected by additional security measures such as password tokens, you need to follow the instructions provided to you with such additional security measures. If your Think Green Account is enabled to make mass payments, the procedure to make such payments will be communicated to you in the relevant integration manual.

9.2. Every recipient of a payment you wish to send through us must have a valid means that we can use for their identification. For most of our services that means of identification will be a valid e-mail address but other means of identification may be required for our other services, but we may require additional information such as your mobile phone number, text message confirmation or other information.

9.3. If you are asked to provide details of the recipient’s e-mail address or other means of identification, where applicable, you must take great care to properly type the exact details of who you wish to send money to. We use those details as the unique identifier to determine the intended recipient of the payment which you instruct us to process. Other information you provide along with the recipient’s means of identification may be disregarded and we shall not be liable for any error you make when entering the recipient’s means of identification.

9.4. If the e-mail address of the intended recipient is registered with us, the funds will be instantly credited to the Think Green Account associated with that e-mail address. Once funds are credited to the recipient’s Think Green Account, the transaction becomes irreversible.

9.5. If the recipient’s e-mail address is not registered with us, we will send a notification e-mail to that e-mail address with instructions on how to claim and receive the payment. If the recipient does not claim the payment within 14 days, the transaction will be cancelled and the funds will be returned to you. You may also cancel the transaction at any time before the funds have been credited to the recipient’s Think Green Account. To cancel a transaction you should log into your Think Green Account, locate the relevant transaction in your transactions history and select “Cancel”.

9.6. To provide a money transfer using our transfer service, we may use third party intermediaries to complete the money transfer to a recipient if the recipient does not have a Think Green Account. Therefore when providing this service the funds will be instantly credited to the Think Green Account of the relevant intermediary. That intermediary shall then be responsible for ensuring the onward transmission of the payment to the recipient.

9.7. You will not be able to cancel transactions that have already been credited to the recipient.

9.8. Payments are subject to payment limits due to security and legal requirements. These limits will change depending on your verification status. You can view these limits at any time in your Think Green Account profile. You should ensure that your limits are sufficient to cover the payment you intend to make as well as any applicable fees including service fees and currency conversion fees. You should be aware that the recipient of a payment may also be subject to spending and withdrawal limits and that this may affect the recipient’s access to the funds you intend to send.

9.9. Sending payments is subject to fees and currency conversion fees depending on the type of payment you make and the type of Think Green Account you hold.

10. Receiving Funds

10.1. If you receive funds into your Think Green Account, we will send you a notification e-mail and display the payment as a “Receive Money” or similar disclosure transaction in your transactions history. You should regularly reconcile incoming payments with your own records.

10.2. You should be aware that receipt of funds to your Think Green Account does not necessarily mean that these transactions cannot be reversed. We reserve the right to reverse a payment in case the payer or the payer’s bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to charge back or otherwise reverse) an upload or other payment which was used to fund the payment to you.

10.3. If a person received a payment notification from us indicating that someone has sent them funds to an e-mail address that is not registered, they will not be credited with the payment until it has been claimed in accordance with the instructions laid out in the notification e-mail. Until then, there will be no contractual or fiduciary relationship between us and the intended recipient. The funds remain those of the sender.

10.4. You may be able to request a payment from someone by using the “Receive Money” service within your Think Green Account. You must only use this service for undisputed amounts that a person owes you and that are due for payment in full. You may not use this service more than once for the same payment you request. This service may not be used as a debt collection or enforcement tool. If the person that owes you the payment asks you not to use Think Green “Receive Money” service to request payment from them, you must comply with this request regardless of the merits of your claim. When using this service, you must ensure that you have the right to contact the person you are claiming from. You are strictly prohibited from requesting money by using the “Request Money” service within your Think Green Account from someone that does not owe you the amount requested; would be ineligible to open a Think Green Account (for example , minors); or has not given or has withdrawn his or her consent to receive a request for payment via the “Request Money” service and we shall have the right to claim any damages or losses arising out of your breach of this section.

10.5. The receipt of payments is subject to fees and currency fees, depending on the type of payment you receive and the type of Think Green Account you have. Please see section 14 for details.

11. Loans

As per separate terms set out on the Site, and subject to your agreement in each instance, you may loan funds to Think Green or you may borrow funds from Think Green. Information related to such loans will be displayed in your Think Green Account.

12. Prohibited Transactions

12.1. It is strictly forbidden to send or receive payments as consideration for the sale or supply of: Tobacco products Prescription drugs Drugs and drug paraphernalia Weapons (including without limitation, knives, guns, firearms or ammunition) Satellite and cable TV descramblers Pornography, adult material, material which incites violence, hatred, racism or which is considered obscene Government IDs and licenses including replicas and novelty items and any counterfeit products Unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses) Unregistered charity services Items which encourage or facilitate illegal activities Prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services Third party processing or payment aggregation products or services Multi-level marketing, pyramid selling or ponzi schemes, matrix programs or other “get rich quick” schemes or high yield investment programs Goods or services that infringe the intellectual property rights of a third party. Un- coded/miscoded gaming Timeshares or property reservation payments (On and Off Plan) We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms of Use or an acceptable use policy published on the Site.

12.2. It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your Think Green Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your Think Green Account for or in connection with illegal gambling transactions. Countries where online gambling is illegal include the United States of America, Turkey, China, Malaysia and Israel. This list is not exhaustive and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.

12.3. You may not use our services if you are residing in any of the following countries: United States, Afghanistan, Cuba, Iran, Myanmar, Nigeria, North Korea, North Sudan, Somalia, South Sudan, Syria or Yemen. This list is not exhaustive and we may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice. We reserve the right to suspend or terminate your Think Green 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.

12.4. It is strictly forbidden to use your Think Green Account for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Think Green Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.

12.5. You may only accept payments for certain categories of business after approval from us in our sole discretion. Such business categories include but are not limited to: money exchange or remittance businesses, including but not limited to currency exchanges and purchase of travel money; the collection of any form of donations or payments to charitable or not- for-profit organizations; dealing in natural resources such as jewels, precious metals or stones; live streaming the sale or supply of alcoholic beverages; the sale of supply of dietary supplements and alternative health products; any other business category published in an acceptable use policy on the Site from time to time. In case you are in doubt whether your business falls under any of the above categories, you must contact Customer Service. We reserve the right in our sole discretion, to add business categories requiring approval by adding such categories either to these Terms of Use or an acceptable use policy published on the Site.

12.6. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this Agreement, we reserve the right to: reverse the transaction; and/or close or suspend your Think Green Account; and/or report the transaction to the relevant law enforcement agency; and/or claim damages from you; and charge you an administration fee of up to USD$200 in case we apply any of the above.

12.7. It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.

13. Withdrawing Funds

13.1. You can request a withdrawal of all or part of the funds held in your Think Green Account at any time. To do this you must log into your Think Green Account and select a withdrawal method and enter the amount to be withdrawn. Withdrawal methods are payment services provided, at least in part, by third party financial institutions (for example, the bank where you hold a bank account). 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. Where the withdrawal payment is received by you through the involvement of a payment service provider (such as the bank where you hold a bank account), we shall not be responsible for the withdrawal payment once the withdrawn funds are received by your payment service provider.

13.2. Your Think Green Account is subject to withdrawal limits. These limits are adjusted dynamically depending on the type of identification documentation we hold on you. You can view your withdrawal limits at any time in your Think Green Account profile. Before uploading any funds into your Think Green Account, you must ensure that your current withdrawal and spending limits meet your withdrawal and spending requirements as we legally cannot allow you to exceed these limits.

13.3. If your withdrawal request exceeds the current limit, we may decline your request and instead require you to send us documents verifying your identity and address prior to allowing a withdrawal of funds or to otherwise cooperate with us to verify your identity.

13.4. Withdrawals are subject to withdrawal fees and currency conversion fees depending on which withdrawal method and payment instrument is chosen.

13.5. For the purposes of a withdrawal transaction, we are a payer and not a payment service provider.

13.6. You must not make a withdrawal to a bank account or other payment instrument if you are not the named holder. We take any violation of this requirement very seriously and will treat any attempt to use a payment instrument of which you are not the named holder as a fraudulent act. 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 of up to USD$25.

13.7. 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 number, sort code, IBAN and/or BIC/SWIFT are correct. If you have withdrawn funds to the wrong payment instrument, you may request that we assist you in reclaiming the funds, however, we will charge you an administration fee of up to USD$50 for doing so and we cannot guarantee that the reclaim efforts will be successful.

14. Fees

14.1. Fees depend on whether you are using your Think Green Account for personal or commercial purposes.

14.2. Transaction related fees can be viewed at any time in the "Fees" section of our Site. Additional fees apply to Think Green Accounts used for commercial purposes in accordance with the applicable terms and conditions referred to above. You should print or download and keep a copy of the "Fees" section together with a copy of these Terms of Use. For clarity, the "Fees" section forms part of these Terms of Use. Fees are subject to change in accordance with this Agreement. Under certain circumstances we may charge additional fees as set out in this Agreement or on the Site.

14.3. Your transactions may be subject to currency conversions. If you make a payment from your Think Green Account denominated in one currency to a Think Green Account denominated in another currency, you will be asked to either make the payment in the currency of your Think Green Account or in another currency. If you choose the currency of your Think Green Account, then the recipient will pay the fee for the conversion into the currency of his or her Think Green Account. If you choose the currency of the recipient’s Think Green Account, you will pay the fee for the currency conversion into the currency of the payment. If you choose a currency that is neither the currency of your Think Green Account nor the currency of the recipient’s Think Green Account then you will pay the fee for the conversion into the currency of the payment, and the recipient will pay the fee for the conversion of the payment currency into the currency of his or her Think Green Account.

14.4. For every currency conversion, we will apply our then current wholesale exchange rates which are available online in the Currency Conversion Fees section of the "Fees" page and which are updated on a regular basis throughout the day. Changes in these exchange rates may be applied immediately and without notice. In addition, we will apply a foreign exchange fee, which is also displayed in the "Fees" section of the Site and which is expressed as a percentage applicable in addition to the transaction fee.

14.5. Our Fees are either expressed as a percentage of the transaction or as a fixed amount in USD. Where fixed fee amounts are displayed in a currency other than USD, this is for information purposes only. If fees are deducted from a balance or a transaction denominated in a different currency, the USD fee amount will be converted into an equivalent fee in that other currency based on the Think Green wholesale exchange rates applicable at the time and available under the "Currency Conversion Fees" section of the "Fees" section and then deducted. We will not apply a foreign exchange fee on currency conversions of fees.

14.6. Fees payable by you will be deducted from your Think Green Account balance and you hereby authorise us to do the same. Transaction fees will be charged when the transaction is executed. If your Think Green Account balance is insufficient to cover the fees, we may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred.

14.7. If the deduction of fees results in a negative Think Green Account balance, you will be required to repay such negative balance by uploading sufficient funds into your Think Green Account. Failure to do so is a breach of these Terms of Use. Repayment of the negative balance is due immediately without notice, however, we reserve the right at any time to send you reminders that you need to upload funds or to take other debt collection measures including but not limited to instructing a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you expenses we have reasonably incurred in connection with any debt collection or enforcement efforts.

15. Your Data

15.1. The processing of your data is governed by our Privacy Policy which can be found on our Site. 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.

15.2. As a default, you will receive e-mail newsletters that will inform you about new product features, events, promotions, special deals etc. By accepting these Terms of Use, you agree to receive such e-mail newsletters on a regular basis. If you do not wish to receive any newsletters from us, you can opt out at any time by logging into your Think Green Account and changing the appropriate setting in your Think Green Account profile. You can also opt out of receiving newsletters by contacting Customer Service. Any e-mail newsletter you receive will also give you the option to unsubscribe from any future newsletter.

16. Liability

16.1. In case of an unauthorised payment or a payment that was incorrectly executed due to an error by us, we shall at your request immediately refund the payment amount including all fees deducted therefrom. This shall not apply:

(a) where the unauthorised payment arises from your failure to keep the personalized security features of your Think Green Account safe in accordance with this Agreement;

(b) if you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of your Think Green 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;

(c) if the transaction was unauthorised but you have compromised the security of your Think Green Account with intent or gross negligence in which case you shall be solely liable for all losses; or

(d) if you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within 13 months from the date of the transaction.

16.2. Without prejudice to the foregoing, you are asked to check the transactions history of your Think Green Account regularly and frequently and to contact Customer Service immediately in case you have any questions or concerns.

16.3. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.

16.4. Subject to the foregoing, 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.

16.5. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements. You are liable for all our costs associated with investigating any of your transactions and the cost of responding to any subpoena we receive involving your Think Green Account records or other information we maintain in respect thereof.

16.6. 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.

16.7. 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 Think Green customer.

16.8. Indemnification/re-imbursement. You agree to defend, reimburse or compensate us and hold us and our other companies in our corporate group harmless from any claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents' breach of this Agreement, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.

17. Termination and suspension

17.1. We may terminate your Think Green Account or any payment service associated with it on notice to you by email or through the Think Green Account for any reason or for no reason. You may terminate your Think Green Account with us at any time. Different termination provisions may apply if you use your Think Green Account for commercial purposes.

17.2. Together with a termination notice or at any time thereafter we may give you reasonable instructions on how to withdraw remaining funds.

17.3. If your Think Green Account is subject to a reserve, termination of your Think Green Account will not affect our right to hold the reserve and to make deductions therefrom for the time agreed.

17.4. We may at any time suspend or terminate your Think Green Account without notice in case:

(a) you breach any condition of these Terms of Use or any other condition applicable to specific services covered by separate terms and conditions;

(b) 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; or

(c) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity.

17.5. We may suspend your Think Green Account at any time if:

(a) we reasonably believe that your Think Green Account has been compromised or for other security reasons; or

(b) we reasonably suspect your Think Green Account to have been used or is being used without your authorisation 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.

18. Changes to these Terms of Use

18.1. These Terms of Use and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us by email or through the Think Green Account.

18.2. The proposed change shall come into effect thirty (30) days after the date of the change notice, unless you have given us notice that you object to the proposed changes before the changes come into effect unless a shorter term is required to comply with applicable law or other requirements of Think Green. Changes that make these Terms of Use more favorable to you shall come into effect immediately if so stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.

18.3. 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 Think Green Account. Your Think Green Account will be closed in accordance with the provisions set out above.

19. How We Communicate

19.1. We usually communicate to you via e-mail. For this purpose you must at all times maintain at least one valid e-mail address in your Think Green Account profile. You are required to check for incoming messages regularly and frequently. E-mails may contain links to further communication on our Site. Any communication or notice sent by e-mail will be deemed received by you on the same day if it is received in your e-mail inbox before 4.30 pm on a Business Day. If it is received in your email inbox after 4:30pm on a Business Day or at any other time, it will be deemed received on the next Business Day.

19.2. Where legislation requires us to provide information to you on a durable medium, we will either send you an e-mail (with or without attachment) or send you a notification pointing you to information on our Site in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. You are required to keep copies of all communications we send or make available to you.

19.3. You can request a copy of the current Terms of Use or any other contractual document relevant to you by contacting Customer Service.

19.4. We will never send you any e-mails with executable files attached or with links to any executable files. If you receive any e-mail with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact Customer Service.

19.5. We will communicate to you in English or Spanish and will always accept communications made to us in English. You can choose your preferred language from the list of supported languages in your Think Green Account profile and we will send you automated e-mail notifications and communications regarding changes to these Terms of Use in your chosen language. For non-standard communication, we reserve the right to communicate with you in English or Spanish. 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.

19.6. Apart from communicating via e-mail, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS. Any communication or notice sent by post will be deemed received three days from the date of posting for UK post or within five days of posting for international post. Any communication or notice sent by SMS will be deemed received the same day.

19.7. You may contact us at any time by sending a message to Customer Service via the “E-Mail Support” facility on our Site.

20. Complaints

20.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. 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 send you a complaint acknowledgement by post or by e-mail within 48 hours of receiving your complaint in accordance with our complaints procedure. You may request a copy of our complaints procedure at any time by contacting Customer Service.

21. Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU ARBITRATE DISPUTES WITH Think Green. If you have a dispute with Think Green, Think Green will first seek to resolve such a dispute through our support team.

21.1. All disputes arising under or in connection with the Agreement will be submitted to binding arbitration in Helena, Montana, USA pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the procedures set forth below.

21.2. Arbitration. All disputes that cannot be resolved pursuant to the internal issue resolution process identified above will be submitted to and settled by final and binding arbitration. The arbitration will take place in Wilmington, Delaware, USA and will apply the governing law of this Agreement. The final and binding arbitration will be performed by a single arbitrator who is a practicing commercial lawyer in English and in accordance with and subject to the Commercial Arbitration Rules of the AAA then in effect. The decision of the arbitrator will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator will be bound by the warranties, limitations of liability, and other provisions of this Agreement. Notwithstanding the foregoing, each party may seek injunctive relief in a court of competent jurisdiction, where appropriate, to protect its rights pending the outcome of the arbitration.

21.3. Jurisdiction/Venue; Governing Law. this Agreement shall be governed by and construed in accordance with the laws of the State of Montana (irrespective of its choice of law principles). The parties hereby agree that any suit to enforce any provision of this Agreement or arising out of or based upon this Agreement or the business relationship between the parties hereto shall be brought in federal or state court in Helena, Montana, USA. Subject to the arbitration provision set out above, each party hereby agrees that such courts shall have exclusive personal jurisdiction and venue with respect to such party, and each party hereby submits to the exclusive personal jurisdiction and venue of such courts.

21.4. NOTICE: BOTH YOU AND Think Green AGREE TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THIS AGREEMENT, BOTH YOU AND Think Green ARE GIVING UP THEIR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW. BOTH YOU AND Think Green CONFIRM THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

22. Miscellaneous

22.1. Your Think Green Account is personal to you and you may not assign any rights under the Terms of Use to any third party.

22.2. 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.

23. Definitions

Various terms in these Terms of Use have a defined meaning as follows:

“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday in Montana, USA;

“Customer Service” means our customer service, which you can reach by sending a message through the “Contact Us” facility on the Site;

“Fees” shall mean the charges payable by you to us for using our services as disclosed on the Site, such as they are from time to time;

“Privacy Policy” is the Think Green's policy governing the processing of personal data which is available on the Site, as may be amended from time to time;

“Think Green Account” shall means a hosted e-wallet fiat account you open and maintain through the Site;

“Site” shall mean https://thinkgreenservices.net or any other site through which Think Green services are supplied.