Terms and Conditions  

Terms and Conditions for the Melon Global Account (the “Agreement”)

Updated July 2022
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The Global Account is offered by Melon Finance Limited or any of its corporate affiliates worldwide. The Global Account, (“Global Account”), is a business account that enables you to receive funds from selected companies and commercial enterprises and to make outward payments to approved recipients. Your use of the Global Account is governed by the following Terms and Conditions and the GlobalAccount Terms of Use, along with all policies and disclaimers provided herein(collectively, the “Terms”). “You” and “your” mean the person, persons, or entity receiving the account service as provided for in these Terms. In this agreement, “Melon”, “we”, “us” or “our” refers to Melon Finance Limited or any of its corporate affiliates. Melon Finance Limited (company registration number 13565700) is a company incorporated in England and Wales.
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Access to and use of the Global Account is deemed by your acceptance of the Terms.
This Agreement will remain in force until terminated by you or by us.
You may terminate this Agreement at any time without charge by notifying us in writing or by email.

1. General terms

The Global Account is available for use together with a unique identifying bank account numbers. These bank account numbers may be issued to you by Melon in conjunction with Melon’s banking partners. Melon will provide you with a user interface referred to as the Melon Platform (“Melon Platform”).

Your Global Account must be in good standing for continued access. If your GlobalAccount is closed due to suspicious activity or for any other reason, funds received through the Global Account may be rejected and the funds returned to the sending entity. Any applicable costs or expenses will be borne by you. Failure to withdraw the remaining funds within the provided timeline may result in an administration fee being charged to you by us.

Melon will be entitled to withhold funds transferred to Melon if Melon has reasonable suspicion of fraudulent or criminal activity or if Melon reasonably considers that it is required to do so under any applicable law or regulation, or at the direction of any regulatory or other competent authority.

2. Communication

Where we need to contact you under this Agreement, we will do so by email, or telephone, using the details you most recently gave us.

You must ensure that all information provided to us is accurate and up-to-date at all times. You must inform us of any changes by emailing us as soon as practicable, and in any event within 14 days of the change. If you do not, this may impact the services that we can offer you as you may miss notifications if we are sending messages to an old email address.

Where notice in writing is required under this Agreement, it may be sent by email. Email is deemed to be received when it was sent provided no message of non-delivery was received by the sender.

3. Receiving payments

The Global Account has restrictions in place regarding the types of payments permitted, be they sent via local payment channels (e.g. SEPA in the Eurozone) or via telegraphic transfer. We only accept cross-border TT payments into IBAN accounts. All other accounts issued globally must only be used to receive local incoming payments. In addition, eCommerce and B2B inward payments and currencies supported are restricted by place of account issuance. Please refer to the settings tab within your Global Account for specific details of these restrictions.

Cash deposits and cheques are not supported under the Global Account. Upon GlobalAccount approval, you will be required to request personalized bank account details.

You may provide your bank account details to companies that you would like to receive payments from via the Global Account. Your bank account details are unique to you and should be kept secure and protected.

telegraphic transfer please note that the Global Account is not a bank account and you should not attempt to use the Global Account as a bank account. Funds received on your behalf are not insured as they would be in a typical bank account.

4. Transfer of funds must be effected through the Melon Platform

The Global Account is a service that enables you to receive local payments inAustralia, Canada, the Eurozone, Hong Kong, Indonesia, Japan, Mexico, Singapore,the United Kingdom, the USA and any other jurisdiction in which Melon provides bankaccount numbers within the Global Account. Funds cannot be withdrawn directly fromthese bank account numbers. All transfers of funds must take place from within yourGlobal Account. Attempts to initiate a transfer of funds from the Global Accountexcept via the Melon platform will be rejected. Any unauthorised direct withdrawalfrom an underlying account will result in a request for the immediate return of fundsand may result in the termination of your Global Account and legal action if necessary.

Payment advice will be available to you via the online platform once the transferrequest has been submitted successfully. The advice will include the beneficiary name,currency and amount of payment, the payment date and any relevant paymentreferences.

5. Keeping your Global Account safe

Melon will never ask you to provide your password to us or to a third party. Please contact Client Support, Melon’s client support team (“Client Support”), if anyone asks for your password. Never disclose your Global Account password to any third party. Keep your password safe and change it regularly. Do not ever let anyone access your global Account or watch you access it.

We will only contact you using the email address that has been registered with us. You must make sure that your email account(s) are secure and is only accessed by you. Let Client Support know immediately if your email address becomes compromised. If you suspect your Global Account, login details, password or other security feature is stolen, lost, used without authorization or otherwise compromised, you are advised to change your password.

Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.

It is your obligation to regularly check the transaction history of your Global Account. Contact us immediately in case of any unauthorized, incorrect, or misdirectedtransaction, or if you suspect that your Global Account has been compromised.

We may suspend your Global Account or otherwise restrict its functionality if we have concerns about the security of your Global Account or any of its security features.
the reasons
We will notify you of any suspension or restriction of your Global Account and of thereasons for such suspension or restriction as soon as we can unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

You are responsible for all losses relating to an unauthorized transaction from your Global Account if you have acted fraudulently or failed, either intentionally or through negligence, to use your Global Account in accordance with the terms of this agreement.

6. Verification of service

Users of the Global Account are required to provide Melon with certain information and documents, which might include a passport, government-issued ID, address of, and additional documents allowing Melon to verify the source of the funds, including but not limited to online store sales reports, invoices for services delivered, or underlying contacts supporting amounts for which you are being paid, and payment confirmation from the entity sending the funds. We may also need to update this information during the term of this Agreement. If you do not give us this information or we are not satisfied with it, we may not be able to provide any services to you. We also carry out electronic database searches to verify your identity.

Melon may request additional information to enable it to comply with any applicable law or regulation. Such information will be used in conjunction with other information. Melon has related to your Global Account. Failure to provide such requested information may result in us denying your use of the Global Account. All information you provided to us must be accurate, complete, and up-to-date. If we cannot verify that this information is accurate, we may deny your use of the Global Account, or close your Global Account.

you must advise us of any changes by calling, or emailing us as soon as practicable, and in any event within 14 days of the change.

7. Prohibited use of the service

Melon strictly prohibits using the Global Account while impersonating any person entity or while falsely claiming an affiliation with any person or entity.
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By using the Global Account, you also confirm that you will not accept payments in connection with the following activities, items or services which Melon views as as prohibited (this list may be updated from time to time):

• Counterfeit & Replica goods
• Unauthorised Copies of Intellectual Property
• Stolen Property
• Bitcoin and other cryptocurrencies
• Artefacts
• Ethnically or Racially Offensive Material
• Illegal Drugs & Associated paraphernalia
• Legal intoxicants or ‘Legal highs’
• Products that present a high risk to consumer safety
• Pornographic products or services
• Animals, pets or wildlife
• Hazardous Materials
• Weapons, ammunition or explosives
• Human Parts and Remains
• Gambling or betting proceeds of any kind
• Personal use such as gifts, loans or payments from friends and family
• Any activity deemed to be illegal in any applicable jurisdiction
• Any other activity that Melon deems to fall outside of its internal compliancerisk threshold

Should you be unsure whether or not your business or products or services fall under any of the above-prohibited activities please contact us and we will review your specific circumstances and advise you.
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You confirm that you have the authority to act for the business making this application. Please seek advice on where you are at all unsure about your legal responsibilities.

By indicating your acceptance to this policy, you shall be deemed to have accepted and fully understood these terms set out above which together out Terms of Use form part of the Melon General Terms and Conditions. Failure to comply with any of theterms listed above may be deemed to be a material breach to your agreement withMelon. Should Melon deem any non-compliance with the terms above as a material breach to this agreement, then this will lead to the immediate termination of your Global Account, and your rights to undertake any of the services provided by Melon willbe immediately withdrawn.

8. Suspension or termination

In addition to all other remedies contained herein and in the Terms of Use of yourGlobal Account, we may suspend the Global Account and the access to your GlobalAccount, including access to the funds in your Global Account, if:

• you have violated any of the Terms (or any other applicable Melon terms);
• you have provided any false, incomplete, inaccurate, or misleading information;
• you have engaged in fraudulent or illegal conduct;
• there is a reasonable suspicion of fraudulent or criminal activity;
• we are required to do so under any applicable law or regulation, or at thedirection of any regulatory, law enforcement or other competent authority;
• you threaten or are abusive to our staff;
• you become bankrupt or insolvent or appear to be the subject of an insolvency event

9. Making payments through the local United States ACH payments system:

Your rights and obligations with respect to any ACH payments are governed by the rules of NACHA and any corresponding appendices to the rules, as amended from time to time (the “Rules”), these Terms, and applicable law. The Rules may be purchased by contacting a Regional Payments Association (RPA). You agree to comply with and be bound by the Rules as updated from time to time by NACHA. You will have liability for violations of the Rules that are, as determined by us, due to an action by you. You will be responsible for reimbursing us for costs and fines charged to us due to your violation of the Rules. You hereby represent and warrant that you will further comply with applicable United States, state, and federal laws, regulations, and regulatory requirements and you will not transmit any ACH Entry or engage in any act or omission that violates or causes us to violate the Rules, applicable laws, regulations or regulatory requirements, including, but not limited to, regulations of the Office ofForeign Assets Control (OFAC), sanctions or executive orders. You shall further have the responsibility to obtain information regarding such OFAC-enforced sanctions. (This information may be obtained directly from the OFAC Compliance Hotline at (800) 540-6322.)

the rules we reserve the right to verify your compliance with these Terms and/or the Rules in any manner we deem appropriate, including a complete audit of your activities in connection with these Terms.

10. Rejected payments

Melon reserves the right to reject, return or hold funds received from sources whichare not acceptable to us as dictated by our compliance policies. Payments can be rejected for any reason, including but not limited to reasons related to compliance with Anti-Money Laundering regulations or any other compliance policies. Whenrejecting or returning a payment Melon will be under no obligation to disclose thereason for the rejection or return.

The time it takes for payments to reach Melon is not under the control of Melon. All payments sent are also subject to the terms and conditions of the entity sending the payment (the “Paying Entity”). Any issues or disputes associated with such termsand conditions should be resolved directly with the Paying Entity and are not theresponsibility of Melon.

Any costs and expenses associated with rejected or returned payments shall be borneby you. If a payment is rejected or returned for any reason, fees may be charged by the bank returning or rejecting the payment. Melon will not be held responsible forany fees incurred in connection with payments that are rejected or returned. In noevent will Melon be liable for consequential damages (including lost profits),extraordinary damages, special damages or punitive damages. Melon reserves the right to charge your account with associated processing fees that may be incurred.

11. Client Support

You agree you will direct questions regarding the Global Account only to Melon. Youagree you will not initiate direct contact with any bank that is involved in supportingthe Global Account.

Any direct contact with a bank or other provider regarding the Global Account mayresult in immediate termination of the service. Account statements are available viathe platform but you will not receive account statements by mail, voided checks orother documents regarding your Global Account.

You agree to contact Melon through official communication channels. These includeemail, phone, and by creating a support ticket from within the Global Accountplatform.

12. Incorrectly executed payments

If you make a mistake (for example, you give us the wrong account details) and yourfunds are sent to the wrong account as a result, we will not be liable to you for anyloss or have an obligation to recall the funds.

If your funds are sent to the wrong account as a result of a mistake made by us, wewill take actions at our own expense to recover those funds, provided that you takeprompt and reasonable steps to assist us in recovering any such funds if the mistakenrecipient is related to you or associated with you in any way. We will not be liable toyou if the recipient bank makes an error in its own application of funds.

13. Funds availability

All payments received are pre-screened by Melon prior to crediting to your GlobalAccount. Melon reviews all payments received and may choose to either approve orreject each payment at its sole discretion.

In regions where we are required to do so, as required by local regulations, we willsegregate and safeguard the funds for onward payment. This means in the event ofour insolvency, you have priority over relevant funds and no creditor should be able toclaim relevant funds held in this account. In those regions not requiring the use of asafeguarded account we will not put your funds in trust nor will we necessarily putyour funds into a separate account.

We will not pay to you any interest on funds held by us.

14. Fees

The fees for your payment will be notified to you when you place your payment order. We may also charge receiving fees depending upon your account configuration. Melonis entitled to debit your Global Account at any time in respect of any sum due and owed to Melon by you, whether in respect to a transaction, fees or charges orotherwise, and notwithstanding that the Global Account would be overdrawn as a result.

We reserve the right to change fees without notice from time to time. We may apply additional receiving fees to your account if it is deemed to have an elevated risk leveldue to inaccurate information having been provided during onboarding. Additional fees may also be applied to accounts that display characteristics such as no or low foreignexchange volumes, large transaction amounts, and continued overnight balances of currencies that carry negative interest rates.

15. Taxes and liabilities

You are responsible for reporting to all applicable government tax authorities and forthe payment of any applicable taxes that apply to your business activities.

You confirm that you adhere to all applicable laws including tax laws and that you willpay and are responsible for paying all taxes and other government charges as isrequired by each jurisdiction in which you operate. Taxes and fees are subject tochange at the discretion of each country’s government.

16. Information and privacy

It is our policy to respect your privacy. By agreeing to these Terms and Conditions,you acknowledge and consent to Melon’s Privacy Policy available on the Melon websiteat www.Melon.com. Melon may ask you to provide “Personal Information” inconnection with your use of the Global Account. “Personal Information” meanspersonally identifiable information such as your email address, name, mailing and/orbilling address, telephone number, mobile phone number, government ID number andyour bank account information including information regarding your transactions. Youagree to provide accurate, current, and complete information required in the course ofapplying for and using the Global Account and you agree that Melon may share yourPersonal Information or other information as detailed in the Privacy Policy.

You acknowledge and agree that in accordance with said privacy policy Melon reservesthe right to access and disclose personal data relating to you to comply with allapplicable laws and lawful requests from government and regulatory authorities,partner banks, partner payment companies, and/or to protect Melon, its clients and itsother users; and to disclose personal data to third parties if Melon has reasonablereason to believe your use of the Global Account is in violation of these terms or ifMelon is otherwise obliged or needs to disclose such information to any relevantauthority.

17. Disclaimers

Your use of the Global Account is at your own risk. The Global Account is provided onan “as is” basis without warranties of any kind. Melon hereby disclaims all warranties,either express or implied, including but not limited to warranties of merchantabilityand fitness for a particular purpose.

18. Limitation of liability

In no event shall Melon, its agents, representatives, directors, officers, employees, and affiliates be liable to you or any other party for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise(including, but not limited to lost profits or lost savings) resulting from or in any way connected to your use of the Global Account or the Global Account, even if it has been advised of the possibility of such damages. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, tort, negligence, strict liability, or otherwise.

been advisedMelon, its affiliates, agents, representatives, directors, officers, or employees, shall not be liable if it is unable to perform its obligations under this Agreement due, directly or indirectly, to the failure, defect, or malfunction of any machine, a system of authorization, data processing or communication system or transmission link or any industrial dispute, war, Act of God or anything outside the control of Melon, its service providers or its agents.

19. Indemnification

You agree to indemnify and hold Melon, its shareholders, subsidiaries, affiliates,directors, officers and employees, harmless from any loss, claim, demand, or damage,including reasonable legal fees incurred by Melon due to or arising out of your use ofthe Global Account and/or breach of these Terms.

20. Modification of terms and services

These Terms are effective until amended or terminated by Melon. We reserve the right to change the Terms including any applicable fees.

We reserve the right to cease offering the Global Account at any time. You are responsible for regularly reviewing the Terms.

Continued use of the Global Account after any changes to the Terms shall constitute your consent to such changes. You may stop using the Global Account at any time.

21. Governing law and jurisdiction

The Global Account and these Terms are governed by and shall be construed inaccordance with UK Law and the parties hereto submit to the non-exclusivejurisdiction of Courts in England and Wales. You agree to waive any right you mayhave to commence or participate in any class action against Melon related to theGlobal Account or these Terms and, where applicable, you agree to opt-out of anyclass proceedings against Melon or its affiliates.

22. Assignability

You shall not transfer any rights or obligations you have under these Terms withoutthe prior written consent of Melon. We may assign any right or obligation under theseTerms without your consent.

23. Miscellaneous

If any part of these Terms is determined to be invalid or unenforceable pursuant toapplicable law, including, but not limited to, the warranty disclaimers and liabilitylimitations set forth above, the remainder of the Terms shall continue in full force andeffect. Unless otherwise specified herein, these Terms, in addition to the Terms ofUse, constitute the entire agreement between you and Melon with respect to thematters hereof.

24. Our contact details

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Sanctioned Countries/Jurisdictions:

• Afghanistan
• Belarus
• Bosnia and Herzegovina
• Burundi
• Central African Republic
• Congo (Democratic Republic of the)
• Cote d'Ivoire
• Cuba
• Eritrea
• Guinea
• Guinea-Bissau
• Haiti
• Iran (Islamic Republic of)
• Iraq
• Korea (Democratic People's Republic of)
• Lebanon
• Liberia
• Libya
• Mali
• Montenegro
• Myanmar
• Nicaragua
• Russian Federation
• Somalia
• South Sudan
• Sudan
• Syrian Arab Republic
• Ukraine
• Venezuela (Bolivarian Republic of)
• Yemen
• Zimbabwe

High Risk Countries/Jurisdictions:

• Albania
• Algeria
• American Samoa
• Angola
• Armenia
• Azerbaijan
• Bangladesh
• Barbados
• Burkina Faso
• Cambodia
• Chad
• Colombia
• Congo
• Dominican Republic
• Ecuador
• Egypt
• Ethiopia
• Georgia
• Ghana
• Guam
• Jamaica
• Kazakhstan
• Kosovo
• Kyrgyzstan
• .Moldova (Republic of)
• Mongolia
• Niger
• Nigeria
• North Macedonia (Republic of)
• Pakistan
• Panama
• Puerto Rico
• Rwanda
• Saint Kitts and Nevis
• Saudi Arabia
• Senegal
• Sierra Leone
• Trinidad and Tobago
• Turkmenistan
• Uganda
• Uzbekistan
• Virgin Islands (U.S.)