“Account” means you're or your Company’s account with us that is used to access the Services;
“Application for services” means your application for Services following the procedure set by us.
“Authentication means” are any or all of the following (according to the context): user Password, user ID, authorization tools, authorization codes and other data used for your authentication under the Agreement.
“Available Funds” means at any given time any unspent funds loaded onto your Account which is available to pay for transactions and fees and charges payable under the Agreement;
“Card” means a virtual debit / credit / prepaid card of any international payment card organization issued by us in the form of a Virtual card;
“Commencement Date” means the date when we have accepted your Application for services by setting up an Account for you and issuing Card.
“Company”, or “you” means the legal entity or natural person that is applying for or has opened an Account to use the Services;
“Internet Transaction” means the execution of card payments on the internet, including Virtual card payments.
“Expiry Date” means the last day of validity of the card (inclusive).
“Notice” means any information, data, documents, orders, applications, instructions, notices, complaints and requests arising out of the business relations between us and you. Notices in English languages only shall be legally valid.
“Password” means a code consisting of Arabic figures and/or letters of the Latin alphabet that you have applied for and that denotes you.
“Personal data” means any information about personal or factual circumstances of a specific or identifiable natural person, such as e.g. name and surname, date of birth, place of birth, identification document (including type of identification document, issue date, ID number, issuing authority), address, telephone number, mobile number, e-mail address, IP address, online identifier, location data, /images and information on transactions and accounts.
“Politically exposed persons” means natural persons who are or have been entrusted with prominent public functions, other than middle ranking or more junior officials:
— Heads of State, Heads of Government, Ministers, Deputy or Assistant Ministers, and Parliamentary Secretaries;
— Members of Parliament or similar legislative bodies;
— Members of the governing bodies of political parties;
— Members of superior, supreme, and constitutional courts or of other high-level judicial bodies whose decisions are not subject to further appeal, except in exceptional circumstances;
— Members of courts of auditors or of the boards of central banks;
— Ambassadors, charges d’affaires and high ranking officers in the armed forces;
— Members of the administrative, management or supervisory boards of State-owned enterprises;
— Anyone exercising a function equivalent to those set out in above-mentioned Paragraphs within an institution of any international body (e.g. the EU).
“Politically exposed person’s family member” means:
— the spouse, or a person considered to be equivalent to a spouse;
— the children and their spouses, or persons considered to be equivalent to a spouse;
— the parents.
“Person known to be close associates to Politically exposed person” mean:
— a natural person known to have joint beneficial ownership of a body corporate or any other form of legal arrangement, or any other close business relations, with that Politically exposed person;
— a natural person who has sole beneficial ownership of a body corporate or any other form of legal arrangement that is known to have been established for the benefit of that Politically exposed person.
“Services” means services provided by us to you, including, but not limited to, Account management, provision of the Card, all other services provided by 4x4 Cards through your Account;
“Transaction” means all type of transaction linked to the Account or the Card.
“Virtual card” means a non-physical card linked to the Account, the use of which is limited to marketing spendings.
“we”, “us” or “our” or “4x4 Cards” means 4x4 Cards, registered with the Registrar of Companies: 4x4
“Website” means 4x4 Cards’s website at https://4x4.io.
“you” or “your” refers to individual at least 18 years old to whom we render Services, or who have applied to us for our Services.
General information on the agreement
you and us governing the opening and management of the Account, the possession and
of the Card and other Services.
- The legal relations between us and you under the Card issuing, use, and maintenance or the Account use and maintenance that are not covered in Agreement shall be also regulated by the rules of the international payment card organization issued the Card.
- The Agreement will commence on the Commencement Date and will terminate in accordance with this Agreement.
- The Agreement is drawn up in the English language. Where any translation of the Agreement or parts thereof in another language are available, such translation is for informal purposes only and does not alter or take precedence over the provisions of the Agreement, and the provisions of the Agreement in the English language shall prevail.
- You represent that:
- you have full legal capacity and ability to act in order to execute Transactions;
- your Transactions do not cause infringements of the requirements of applicable legal acts;
- all information supplied by you to us is true and is not misleading. All documents supplied by you to us are true and valid. You have been informed of criminal responsibility for supplying us with false information;
- you have not offered, promised or given anything or preference to our employee, directly or indirectly, for the latter to act or abstain from any action in infringement of his duties;
- you are not engaged in money laundering or in terrorism financing, and your funds loaded into Account have not been obtained through unlawful means.
- We shall be entitled to verify your representation and other information supplied by you at any time.
- You represent that:
- We are legally obligated to identify you and verify your identity in accordance with the requirements of applicable legal acts and our requirements. You shall supply us with requested data and information, as well as documents that certify authenticity of supplied information and data.
- You shall be entitled to remotely enter into Transactions or submit Notices by using the Authentication means issued by us following the procedure set by us.
- You recognize that any Transaction or Notice confirmed by using the Authentication means shall be true and binding upon you and us, as well as shall have equal legal force as a Transaction or Notice bearing manual signature.
- If the Authentication means issued to you become known to a third party, you shall be responsible for all consequences until the moment of notifying us of the same in accordance with the procedures set by us, unless otherwise specified in the Agreement.
We acknowledge that all information supplied by you to us and related to you,
Transaction and our relations with third persons, is confidential and shall not be
disclosed to third persons without your consent, except the information that:
- is publicly available;
- is required for financial institutions involved in execution of the Transaction applied for by you, at their request;
- is your information supplied to the beneficiary of the payment applied for by you, according to the requirements of the payment processing schemes;
- we are obliged to disclose or furnish to third parties in accordance with the requirements of applicable legal acts;
- is disclosed to third parties that supervise and audit our operations;
- is provided to our outsource service providers, personal data operators and attorneys;
- is provided to our cooperation partners that provide services to us or with whom we otherwise cooperate for the sake of execution of your Transactions, our transactions or functions, or for complying with the requirements set forth in the applicable legal acts.
- You shall agree that we are entitled to record and keep all intercommunication without prior notification and to unilaterally choose technical means for recording the same. We shall record and keep all intercommunication in accordance with the requirements of applicable legal acts and Data protection policy. You shall agree that we are entitled to use intercommunication records as evidence for protecting our interests in settling disputes and in court. We shall not be obliged to store intercommunication records for the benefit of you.
- We acknowledge that all information supplied by you to us and related to you, Transaction and our relations with third persons, is confidential and shall not be disclosed to third persons without your consent, except the information that:
- We collect, use and process Personal information in accordance with Data protection policy.
- We use reasonable measures to help keeping information secure, and to help preventing it from becoming disclosed to persons who are not described in Data protection policy.
- Providing your Personal information to us is optional. However, if you choose not to provide certain Personal information to us, we may not be able to deliver Services to you.
Exchange of information
- Any Notices may be submitted in person, in electronic form, in your Account or sent
in writing through a postal operator (to our registered address stated in this
Agreement. or to your residential address (if indicated). Subject to prior consent
Notices to us may be submitted also by fax or e-mail stated in this Agreement.
- We shall not be responsible for losses or expenses incurred by you or a third party in case you have not notified us of change of address for sending of Notices, or have provided incorrect address.
- All Notices submitted to us shall be completed without corrections, deletions, erasures and shall be clearly legible and complying with the requirements set in Agreement.
- All Notices shall bear your own signature, be signed with a secure electronic signature or confirmed with the Authentication means ensured by us to you.
- If a Notice is sent:
- by electronic means of communication or by fax, the same shall be considered received at the moment of being sent;
- through a postal operator, the same shall be considered received on the third Business day (working day) after service to the postal operator.
- Any Notices may be submitted in person, in electronic form, in your Account or sent in writing through a postal operator (to our registered address stated in this Agreement. or to your residential address (if indicated). Subject to prior consent Notices to us may be submitted also by fax or e-mail stated in this Agreement.
Obligation of cooperation and information provision
- To meet the requirements of the money laundering and terrorism financing
regulations, we may need to collect and record information related to you in order
to meet our respective obligations under such laws and regulations.
- You undertake to provide us with any information or documents required by us, in particular in order to enable us to meet our obligations under above mentioned laws and regulations. Furthermore, you undertake to notify us promptly when any information or documents you have provided change or need to be updated from time to time.
- To promote appropriate progress of Transactions you are obliged to immediately notify us of changes in your Personal information and registration data (including contact information), of important changes in your financial condition, and of the Transaction beneficiaries.
- We provide you with all information on the Transactions booked to the Account by providing you with access to an Account statement.
- You shall agree that an Account statement shall be deemed a primary evidence of the Transactions performed by you. You shall supply us with all documentary evidence of, or/and information on, incompliance between the Transactions booked to the Account and those actually performed, or the Transactions not authorized by you.
- You shall be obliged to inform us in accordance with this Agreement of any facts and events known to you that may lead to unfair gain for you and/or cause losses for us.
- To meet the requirements of the money laundering and terrorism financing regulations, we may need to collect and record information related to you in order to meet our respective obligations under such laws and regulations.
Messaging in the Account
- We send the messages to your Account.
- By sending messages we inform you about, including, but not limited to, the information on Transactions on the Account (the funds credited to or debiting from the Account, as well as authorizations of Transactions), the information on events on the account.
- You shall be obliged to read and review the message sent by us immediately upon its receipt. If within 24 hours after you have received the short message we do not receive a notice from you regarding any errors in the short message, the correctness and completeness of the received short message shall be deemed as approved by you.
Fees and charges
- You shall pay remuneration for services rendered by us - fees and charges according to the procedures and to the amount stated in the Price list available in your Account.
- We shall be entitled to unilaterally amend the Price list .The currency exchange rates shall not be included in Price list and shall be stated at the moment of rendering the Service. The currency exchange rates may be changed any time without prior notification, also during the Business day, considering currency exchange rate fluctuations in financial markets. Those amendments shall become effective upon publishing the changes in the Account.
- The fees and charges must be paid before execution of the Service, unless we have stated different procedures in the Agreement and/or in Price list. Unless you have paid the fees and charges to us, we are entitled to cease rendering definite Service to you or refuse rendering the Service without any notice. If we terminate or refuse rendering the Service to you, we shall not be responsible for your losses or other additional expenses of you. If we continue rendering the service, we consequently acquire the corresponding rights of claim towards you of the amount equal to unpaid fees and charges.
- Where the Services provided by us are suspended pending documentation or information required from you, the monthly fee will continue to be applied to you.
- We are entitled to debit your Account with the amount of any claim due under the Transactions you applied for (including amounts of payments applied for by you, fees and charges, taxes, duties, etc.) that you have undertaken to perform and/or we are entitled to without acceptance by you.
- If taxes, duties or similar payments are levied on charges, we shall be entitled to withhold such payments from you, with the charge amount being increased accordingly.
- You should be aware that other taxes, duties or similar costs may exist that are related to our Services, but are not paid via us or imposed by us.
- Fees vary depending on the type of Service you select. We reserve the right to arrange promos from time to time with lowered fees or even with no fees however these promos may not necessarily apply to you.
- You agree that all communications between us and you shall be in the English language.
- Our Customer Services team is normally available from 9.00 am to 9.00 pm (CET)
Monday to Sunday. During these hours we will endeavour to resolve all enquiries
immediately. You can contact our Customer Services team by the following methods:
- writing to us via Account;
- writing to email [email protected]
- We shall make every possible effort to reply in the Account to your complaints. Such a reply shall address all points raised, within an adequate time frame and at the latest within 15 Business days of receipt of the complaint.
- In exceptional situations, if the answer cannot be given within 15 Business days for reasons beyond the control of us, we shall send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which you will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 Business days.
- Payment processing services for the Company on our Website are provided by third parties. By agreeing to this Agreement or continuing to operate on our Website, you agree to be bound by the respective agreements of such third parties. As a condition of 4x4 Cards enabling payment processing services through third party, you agree to provide 4x4 Cards accurate and complete information about you and your business, and you authorize 4x4 Cards to share it and transaction information related to your use of the payment processing services provided by any third party.
Terms of using the remote access tool
- Using the remote access tool (further – the APP) you can apply electronically (remotely) for the opening of an Account. By submitting an Application for services (or by submitting registration information) you provide us with the requested information, as well as you confirm the familiarization and agreement with the terms and conditions of the Agreement and submitting a binding offer for the conclusion of the Agreement.
- The App primarily serves to administer your Account, which, in particular, makes it possible to process transactions using the Card, as well as payment transactions.
- The App is protected by the intellectual property laws. No modification or reproduction of the APP, publishing, no transfer thereof to any third person or use of technologies used in the APP for making other software shall be allowed without our consent.
- You shall only be entitled to use the APP for the purpose of the Agreement and according to conditions stated by us. We grant you the limited, non-exclusive, non-transferable and sub-licensable right, restricted to the period of the Agreement. The right of use expires upon expiration of the Agreement.
- For using APP you shall be authenticated by us according to the Authentication means.
- You shall study technical requirements of using the APP and the Authentication means, and also requirements to safe keeping and using of the Authentication means, as stated by us.
- When connecting to the APP, you shall use a safe workstation (mobile devices), including safe Internet connection and licensed software, as well as shall take all necessary preventive security measures (inter alia, install software updates, ensure control over workstation access rights, and install necessary antivirus software and firewall) to prevent possession of your information and Authentication means by third parties and their unauthorized use, or their use for fraudulent or other criminal purposes.
- You shall ensure that the Authentication means are kept safely and are not accessible to third parties. You shall bear full liability for all losses and risks of other additional expenses of you in case your Authentication means come to the disposal of a third party because of your failure to abide by the Agreement.
- In case the Authentication means are lost, stolen, reproduced or become otherwise accessible to a third party, or in case of unauthorized use of the Authentication means, you shall inform us without undue delay and as soon as you become aware of this calling or writing to our Customer Services team.
Account opening and maintenance
- You shall be entitled to open only one Account with us.
- We may, in our sole discretion, refuse to issue any requested Card. We also have the right to cancel, revoke, or suspend any Card at any time without notice. This being the case, we shall not be obliged to explain reasons for rejection to you.
- By opening an Account we create a Virtual card for you.
- Prior to use the Account and the Card you must ensure that you have sufficient
Available Funds on your Account.
- You may check the balance and available Funds on your Account.
- Funds loaded onto your Account do not constitute a deposit. You will not earn interest on the balance of the Account.
- We shall credit the Account with funds:
- credited to the Account by making a payment.
- We shall ensure that the amount of the payment transaction is at your disposal within reasonable time after that amount is credited to our account.
- In case incoming payment currency differs from the Account currency, at the moment of crediting to the Account we shall convert such funds into USD, applying our currency exchange rate effective as at the date of exchange.
- We shall be entitled to debit the Account with amounts of Transactions made by means
of the Card and any charges thereon without acceptance, after information on the
Transaction is received.
- At the moment of executing the Transaction, we will block the Transaction amount and any charges thereon in the Account until information about the Transaction is received. If information about the Transaction is not received in due time, the blocking shall be cancelled, without cancelling the above mentioned rights of us.
- The amount and currency of the Transaction made shall be made known to us by
the payment processing organization.
- In case the currency of a Transaction corresponds to the Account currency, the Transaction amount shall be debited in such currency.
- In case the Transaction currency fails to correspond to the Account currency, the Transaction amount shall be debited in the Account currency, applying the currency exchange rate applied by the payment processing organization.
- You shall be entitled to make Transactions with the Card within the balance of funds in the Account. You shall immediately reimburse us for all expenses and losses that may be sustained by us through your failure to comply with this provision.
- You shall be entitled to open only one Account with us.
Terms of issue and use of the card
- The Virtual Card will normally be ready for use immediately after opening the Account.
- The Card may only be used by the person to whom the Card was issued.
- The Card is linked to your Account and is intended for use as a means of payment.
- The Virtual Card is designed for online marketing spendings only.
- You shall recognize a Transaction with the Card as confirmed (authorized) by you provided that the Transaction has been confirmed by entering (providing) your name, surname, the Card number, validity period and CVV code.
- Normally, we will receive notification of your authorization by way of an electronic message in line with the rules and procedures of the payment scheme. Once we have received notification of your authorization to proceed with the Transaction, the Transaction cannot be stopped or revoked.
- In certain circumstances, we may refuse to complete a Transaction that you have
authorized. These circumstances include:
- if we have reasonable concerns about the security of your Card or we suspect your Card is being used in a fraudulent or unauthorized manner;
- if there are not sufficient Available Funds to cover the Transaction and all associated fees at the time that we receive notification of the Transaction;
- if there is an outstanding shortfall on the balance of your Card;
- if we have reasonable grounds to believe you are acting in breach of the Agreement;
- if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions; or
- if we are required to do so by law.
- Unless it would be unlawful for us to do so, where we refuse to complete a Transaction for you, we will notify you as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal.
- We may suspend your Card, in which case you will not be able to use it for any Transactions, if we have reasonable concerns about the security of your Card or we suspect your Card is being used in a fraudulent or unauthorized manner. We will notify you of any such suspension sending Notes (for example, by the Account) in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful.
- We will not be liable for:
- your losses of you caused by damages or faults in the Card serving computer system, including your failure to use funds available in the Card account;
- refusal to accept the Card;
- quality of goods and services purchased with the Card being used;
- errors or unlawful action of the receiver of the Transaction amount;
- any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; or
- any acts or omissions that are a consequence of our compliance with any national law.
- In any event our liability will be limited to the balance of the Account at the time that the event occurs.
- In addition to the limitations set out in Paragraph 15.17, our liability shall be
limited as follows:
- where your Virtual Card is faulty due to our fault, our liability shall be limited to the replacement of the Virtual Card or repayment to you of the Available Funds on your Account; or
- where sums are incorrectly deducted from your Account due to our fault, our liability shall be limited to payment to you of an equivalent amount.
Keeping your card and its details safe
- We will assume that all Transactions entered into by you with your Card or Card details are made by you unless you notify us in accordance with this Agreement.
- You are responsible for keeping your Card and its details (Card number, validity or CVV code) safe. This means you must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a Transaction. You should be satisfied that the retailer or service provider is genuine and has taken adequate steps to safeguard your information before proceeding with the Transaction and supplying them with the Card or details. You will take all reasonable steps to safeguard the privacy, confidentiality, and security of your credentials. You will closely and regularly monitor the activities of users who access the Services, and you will use all reasonable means to protect Cards, checks, mobile devices, web browsers, and anything else used to access or utilize the Services.
- When making a Transaction with the Card, you shall be obliged to supervise actions with the Card, and shall be responsible in full for risks arising as a result of Card servicing if the Card comes into the possession of any third party.
- Failure to comply with this may be treated as gross negligence and may affect your ability to claim any losses.
- The Company will not allow any unauthorized person to use the Services. You will immediately disable person’s access to the Services or limit permissions where you know or suspect your Account has been compromised or may be misused or where you know or believe a person’s credentials are compromised or lost; and you will promptly notify us of any unauthorized access or use of your Account or the Services. All actions performed prior to this notification of compromised credentials are considered to be performed by the Company itself.
- Your Account and the Services may not be (a) used for any purpose that is unlawful or prohibited by these Terms or applicable legislation, (b) used for any personal, family, or household use, (c) used for any transaction involving any activities which we may reasonably find illegal, violent and/or harmful (the "Prohibited Activities"), (d) provided to or used for any transaction involving an individual, organization, country, or jurisdiction that is blocked or sanctioned by the United States, the European Union, Singapore, Canada, United Kingdom, UAE, India (e) used by third parties who are not Company employees, contractors, or agents or who are otherwise unaffiliated with Company, or (f) used for any purpose not related to the business of the Company.
- Additionally, the following activities are considered to be Prohibited Activities
for the purposes of this Agreement:
- Adult Industry;
- Money Services Business;
- Stock Promotion;
- Waste Management;
- Arms Trading – Retail/Manufacturing;
- Government/Military/Public Agency;
- Marijuana Services Business.
- We will not approve and may terminate Account(s) that we know or believe is/are engaged in any Prohibited Activities or otherwise does not/do not comply with the restrictions in this section as determined in our sole discretion. Karta may require that you provide additional information to open or maintain your Account or we may limit your use of certain Services in case of suspicion of illegal activities.
- Also, some types of business activities, (such as Import/Export of Physical Commodities, Art Dealers/Antique Dealers, Auction Houses, Jewellery/Gems/Precious Metal, Professional Sports (Non-Athlete) with gambling association) might be subject to enhanced review.
- We screen your applications and Account(s) to identify if they are a PEP. All PEPs are subject to enhanced review.
Lost, stolen or damaged of the card
- If you suspect your Virtual Card has been reproduced or otherwise has come to the disposal of a third person or other Authentication means has become known or might have become known to a third person, or unauthorized use of the Card has occurred, please notify us without undue delay and as soon as you became aware of this by using Account (is available at all times).
- You shall be obliged to immediately supply us at our request with data on circumstances related to disclosure to a third person, or unauthorized use of the Card.
- After you have notified us of the loss, theft or risk of misuse, and providing that we are able to identify your Card and satisfy certain security checks, we may issue a replacement Card to you.
- If we believe (and can provide supporting evidence) you have acted fraudulently, or if we believe (and can provide supporting evidence) you have intentionally or with gross negligence failed to keep your Card or its details safe at all times, we will hold you liable for all Transactions and any associated fees.
Purchases from merchants
- We are not responsible for the safety, legality, quality or any other aspect of the goods and services purchased with the Card.
- Where a merchant provides a refund for any reason (for example, if you return the goods as faulty) it can take several days for the notification of the refund and the money itself to reach us. As such, please allow 5-10 days from the date the refund was carried out for the refund to be applied to your Account.
Expiry of the card
- Information of validity of Virtual Card you can find in the Account. The Card is valid until the last day of its validity (inclusive). Upon expiry of validity of the Card, as well as in case the Card is blocked and a replacement Card is issued, the same shall not be used.
- Upon expiry of validity of the Card, you can make a new Card for you, unless we have notified you of the rejection to issue a new Card.
- We shall debit your Account with the charge for the Card issuance without acceptance in accordance with the Price List, indicated in the Account.
Limitation of liability
THE SERVICE IS PROVIDED ON AN "AS-IS", "AS AVAILABLE", AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KARTA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF USABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SERVICE PROVIDED BY US OR THAT THE OPERATION OF THE SERVICE WILL BE INTERRUPTION OR ERROR FREE OR WITHOUT VIRUSES OR OTHER HARMFUL MATERIALS. KARTA DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS AT USER’S OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 4X4 CARDS, ITS SUPPLIERS AND LICENSORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF 4X4 CARDS HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. EXCEPT AS REQUIRED BY LAW OR PURSUANT TO THE ARBITRATION PROVISION BELOW, IN NO EVENT SHALL 4X4 CARDS’S LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO YOU, OR ANY THIRD PARTY, IN ANY WAY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT (AND ALL OTHER AGREEMENTS BETWEEN 4X4 CARDS AND YOU) EXCEED THE FEES ACTUALLY PAID TO 4X4 CARDS BY YOU DURING THE TWO (2) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR 4X4 CARDS WHICHEVER AMOUNT IS LESS.
4X4 CARDS IS NOT A BANK, FINANCIAL INSTITUTION OR FINANCIAL ADVISORY SERVICE. WE DO NOT PROVIDE FINANCIAL ADVICE.
4x4 Cards shall use its commercially reasonable efforts to perform its obligations hereunder, however, 4x4 Cards, its Affiliates, agents or licensors shall not be liable for any loss resulting from the activities of you, nor from any erroneous statements or errors in transmission, nor for any loss resulting from any delay, interruption or failure to perform hereunder due to any circumstances beyond 4x4 Cards’s reasonable control including, without limitation, acts of god, fire, explosion, earthquake, riot, terrorism, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. 4x4 Cards’s obligations hereunder shall be suspended during any of the foregoing circumstances, which suspension shall not be a cause for termination of this Agreement by you. 4x4 Cards does not represent or warrant that the Service suits your needs. In addition, in the event of any failure of the Service, or in the event 4x4 Cards otherwise defaults under any provision of this Agreement, then your sole and exclusive remedy shall be termination of this Agreement and, to the maximum extent permitted under applicable law, you hereby waive and relinquish any and all other rights or remedies it may have at law or in equity.
Amendment of general terms and conditions
- We may revise and update these Terms at any time. Your continued usage of our Services after any change to these Terms will be deemed acceptance of such changes. These Terms may be changed, supplemented or updated without notice, at our sole discretion. We may also change or impose fees for products and services at any time, at our sole discretion. We may establish or change, at any time, general practices and restrictions concerning our other products and services at our sole discretion.
Termination of this agreement
- The Agreement runs indefinitely.
- We may terminate the present Agreement and cease providing access to our Services (a) upon one (1) month starting from the date when the due payment to 4x4 Cards was not paid; (b) in case we know or believe that you are engaged in any Prohibited Activities; (c) when If we believe you violated this Agreement or (d) when applicable law requires us to do so.
- Notwithstanding the above, you agree that we, at our sole discretion, may terminate or suspend your use of our Services and terminate this Agreement at any time and for any or no reason at our sole discretion, even if access and use continue to be allowed to others. Furthermore, you agree that we shall not be liable to you or to any third party for any termination or suspension of your access to our Services.
- We may assign the benefit and burden of the Agreement to another company at any time by giving you two (2) months’ notice of this. If we do this, your rights will not be affected.
- If any provision of this Agreement shall be held or made non-enforceable by a statute, rule, regulation, decision of a tribunal or otherwise, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while most nearly preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement and, to that extent, the provisions of this Agreement shall be deemed to be severable.
- This Agreement, including any terms, agreements, attachments or policies incorporated by reference, constitutes the entire understanding of the parties with respect to the subject matter described and supersedes all other proposals or previous understandings between the parties. No other agreements, representations, or warranties other than those provided in this Agreement will be binding.
- Any failure or delay or negligence or tolerance by any Party in exercising any Clause or in exercising any right or taking any remedy based on the present Agreement will not constitute a waiver of such Clause, right or remedy, nor will it prejudice any such execution, exercise or taking thereof and the exercise of, or partial exercise of, any right or remedy based on the Agreement will not hinder any subsequent exercise of the right or remedy or the exercise of any other right or remedy.
Governing Law and Jurisdiction
- In the event of any claim, dispute or difference ("Dispute") that may arise out of or in connection with the Terms (including any question relating to the existence, validity of termination of the Terms), you agree to enter into negotiations in good faith to resolve such Dispute ("Good Faith Negotiations").
- Where a Dispute is not resolved within 30 days of the commencement of Good Faith Negotiations, the Dispute shall be referred to and finally resolved by arbitration administered by a neutral arbitrator who has the power to award the same damages and relief that a court can.
ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST 4X4 CARDS.
If any section of these arbitration provisions is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY.
II. Remote access tools
III. The account
IV. The card