Terms of Service Card Blanch

Terms of Service
Card Blanch

Last update: March, 2022

By these Terms of Service (“Terms”) Card Blanch, Inc. (“Card Blanch”, “Company”, “we”) provides you (“you” or “user”) with the essential information about your legal rights and obligations related to your use of our Card Blanch application (“App”) available via the link:

________________ on Google Play Market;

________________ on AppStore.

Please, read the Terms carefully before accessing the App. If you disagree with these Terms, please do not continue using the App.

By using the App, you declare and warrant that:

you have read, understand, and hereby agree to be legally bound by and to comply with these Terms in full;
you have full legal capacity, which means you have reached the legal age and are not restricted otherwise (otherwise, you can use the App exclusively with the involvement of a parent or guardian);
according to your local jurisdiction, you are eligible to enter into this agreement and have no restriction to access or use the App;
You comply with these Terms and all applicable laws and regulations.

Our Privacy Notice describes our collection and use of personal data connected with your access to and use of the App.

These Terms and any operating rules and policies posted in the App, including Privacy Notice, constitute the entire legally binding agreement and understanding between us and our users, governing your access to and use of the App (“Agreement”).

If you have any questions or comments about these Terms, please contact us.

Account

Account Registration

To use an App you must create and verify a personalized account (“Account”) using your unique phone number and email address and complete the Identity verification procedure. To verify your Account we will send you a 6-digit code via SMS on the number you provided and the verification link to the provided email address.

Please provide accurate and complete information during registration and verification procedures and keep the information of your Account up-to-date.

Users are solely responsible for:

maintaining the confidentiality and security of the login credentials;
all actions taken through their Accounts.

Identity verification and onboarding

To verify your identity you have to provide your first and last name, date of birth, age, type and number of your ID (Passport, Social Security Number, or Driver’s License), phone number, and full address of registration. We also may ask you to provide your photo (selfie) and/or upload your ID.

The additional verification procedures or the KYC/AML/IDV procedures may be required by the Company, third-party service providers involved by the Company, or the applicable laws.

If you fail to verify your identity (or pass the KYC/AML procedures required) initially, annually or by request, your Card Blanche Card will not be issued or will be blocked.

To finish the onboarding procedure we need an access to your credit history. By agreeing with these Terms you hereby agree for us to get your credit rating review. Refusal will make it impossible to finish the onboarding and thus issue Card Blanch Card.

Access to the Account

After the identity verification, you have to create the 4-digit PIN code to access the App. You may also enable Face ID and Touch ID (Biometrics) for quick login to the App and enhanced security.

When logged in, to subsequently unlock and use the App you have to use your created PIN number, Face ID, or Biometrics.

Restoring PIN

To enter the App for restoring your PIN you can use Face ID or Biometrics (if you have configured such functions) and use either the “Forgot PIN?” button during the login process or the “Change PIN” button in the settings.

If you can’t enter the App or have problems restoring your PIN – contact us.

Account Use

You can start using your Account by paying the subscription fee and adding your bank cards. It is essential to add at least one bank card to create your digital Card Blanch card (“Card Blanch Card”). You can use your Card Blanch Card to make payments online and pay for goods and services using Google Wallet or Apple Wallet.

Problems with Account

You must not transfer or assign your Account to someone else.

Please immediately contact us if:

you have lost access to your Account,
you know or have any reason to suspect that someone has gained access to your Account without your authorization,
your credentials have been lost, stolen, misappropriated, or otherwise compromised.

Services

With a Card Blanch Card you can make purchases for goods and services, in-store or online, and:

get all your payments automatically optimized

You can always change your separate transactions at any time.

Creating and Using Card Blanch Card

The decision on the issuance of the Card Blanch Card will be made by the Company based on the results of your identity verification and credit rating review.

To create the Card Blanch Card you have to add at least one bank card to the App by providing:

card number;
month and year of validity of the card;
card CVC code.

If you don’t want the particular previously added to Account bank card to be used for the transactions by Card Blanch Card you have to remove it anytime from the App.

To block your Card Blanch Card, please, use the “Block card” button in the settings.

You can add Card Blanch Card to Apple Wallet or Google Wallet.

Issuance of the Physical Card Blanch Card

To get a physical Card Blanch Card you need to apply in the App and pay the Initial Physical Card Procurement Fee and any other fees if applicable.

To reissue the physical Card Blanch Card, please, use the “Reissue card” button in the settings of the App and confirm the required payment.

Your Initial physical Card Blanch Card will be sent to you by mail within 5 banking days, excluding the day of the order. Terms may be subject to change.

Spending Limit

After adding your bank cards to the App we determine the Spending limit for your Card Blanch Card. This limit is the sum of money you can spend with your Card Blanch Card within a transaction.

The transactions will be covered by Card Blanch within the transaction limit. The sum of the transaction plus the possible fee will be automatically charged from your attached bank cards according to your set preferences.

We may change the transaction limit every now and then. You can ask us to increase or decrease your limits by using the button “Set Limit” in the App. If we refuse to increase the limit, you have to wait 1 months to request another review. If you do not carry out transactions with Card Blanch Card or perform them in an unsatisfactory manner, limit increase will be refused.

If the remaining balance on all attached cards is not enough for covering the sum of the transaction made it will be withdrawn when the balance of any of the added bank cards is topped up.

If the attached bank cards expire, your transaction limit is set to 0 (zero).

Debts to the Card Blanch

In the event, you owe Card Blanch money either for fees or transactions that you have made using Card Blanch Card, we may immediately charge such amounts to any of your payment cards. We may also recover amounts you owe us through legal means, including, without limitation, filing a lawsuit or through the use of a debt collection agency.

Transactions Validity

A transaction is considered to be completed by you if one of the following criteria is met:

all necessary information of Card Blanch Card details was provided (card number, expiry date, CVC number),
your Card Blanch Card PIN was used,
a written or electronic signature was provided on a receipt,
a digital or physical Card Blanch Card was used to complete a contactless transaction.

Any transactions completed in accordance with the above criteria are considered valid and binding, and you remain responsible for any and all charges, fees, and other obligations associated with the transaction.

The above rule applies unless you inform us within 3 (three) days from the transaction date that the transaction was unauthorized, fraudulent, or invalid.

In such cases, we will investigate the transaction and take appropriate action. You agree to cooperate with us and provide any information or documentation reasonably requested in connection with our investigation.

Foreign Currency Transactions

In case of purchases using your Card Blanch Card where the currency of your selected payment card is different from the currency of the transaction — please, note that the conversion will be performed by evolving the authorized third-party service providers.

If, when making a transaction, you have set your payment card currency in the App to a different currency than that of the payment card itself then your payment card issuer may charge a fee for using their currency conversion services. This might be in addition to any fees that Card Blanch charges you.

During the conversion of the currency of payment the latest available exchange rate from our rate provider (see _____________________) will be used.

The “Foreign exchange fee” applies to your foreign currency transactions.

Exchange rates can fluctuate between the date you made the transaction and the date it’s actually processed by the merchant to your account, please note that changes in the exchange rates will be applied immediately and without notice. The rate applied to a transaction will be shown in the App.

Where a merchant partially or completely refunds a foreign transaction, it’s possible that a different exchange rate to the one used for the original transaction will apply.

You can also find the exchange rate that was applied to your transaction in the App under the specific transaction.

We’ll not be responsible to you if you’re charged fees or lose any money if you ask the merchant or any other third party to make the currency conversion.

Records of the Transactions

On the main screen of the App you can access the history of the transaction records in the following way:

payee (merchant);
transaction amount;
number and name of the bank card from which the payment was made.

By the “Bank Statement” button you can access the Card Blanch Card statements for the selected period.

By using the App, you authorize Card Blanch to receive bank statements concerning transactions made via the Card Blanch Card.

Fees

Card Blanch may charge you the following fees:

Subscription fee
Initial Physical Card Procurement Fee
Replacement Physical Card Procurement Fee
Cross-border Fee
Foreign exchange Fee
Disputes Fee
other fees that you will be informed about

We reserve the right to collect the fees automatically from your default bank card. If the amount of money on your cards is not enough to cover the fees your Card Blanch Card will be blocked.

Content and Intellectual Property

Company’s Content

All materials in the App, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials (“Content”), as well as copyright and other intellectual property rights to such Content belong to us or is included in the App with the consent of the owner.

The Content, or any elements thereof, may not be used without our or the owner’s prior written consent in any manner not provided by these Terms.

If you comply with these Terms, we grant you a limited, worldwide, non-exclusive, revocable license, without the right to sublicense and transfer, for the period of your use of the App, to access and use the App for your personal, non-commercial use, and business purposes under these Terms.

You must not:

reproduce, publish, distribute, modify, create, or otherwise use the Content we own for commercial or illegal purposes without our prior written consent;
sell, lease, rent, license, sublicense or otherwise distribute the Content we own;
copy, decompile, disassemble, translate or reverse engineer the Content we own, in whole or in part;
write or develop any derivative software, make an attempt to derive the source code of, modify, or create derivative works of the Content we own, and its updates;
provide, disclose, divulge or make available to, or permit the use of the Content we own by any third party without our prior written consent;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure we implement or any of our providers or any other third party (including another user) to protect the Content we own.

Third-Party Websites and Services

The App contains links to other websites and services governed by third parties.

We do not control the features available or accessed through such websites and services.

We are not responsible for the content and services offered through them, and for any losses, damages, or other liabilities incurred as a result of your use of such websites and services.

You acknowledge that other terms of use and privacy notices apply to your use of third-party websites, services, and content.

Warranties and Disclaimers

The App is provided to you “as is”.

To the fullest extent permitted by law, we disclaim all warranties concerning the App, its functionality, and its Content, including, without restrictions, warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property rights of third parties or other rights.

The Сompany may provide updates to the App from time to time that you may have to install to continue using the App.

We make no promises or guarantees regarding the accuracy, usefulness, reliability, and correctness of the App. We do not warrant that the operation of the App will be uninterrupted or secure, that any defects will be corrected, or that the App will be free of viruses or other harmful elements.

We do our best to keep the data safe and secure and maintain the App’s functionality. However, the App may be unavailable for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, and signal strength, and may be interrupted, refused, limited, or curtailed.

You should not act or depend on any data on our website or in the App, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.

The Company is not responsible if the information provided in the App, and the contact information you have acquired is inaccurate, incomplete, or unreliable. Any inaccuracies/errors may arise from time to time in the Content, and we try to correct them as soon as possible. Please let us know if you notice any incorrect information in the App.

Liability

We shall not be held responsible if any information, materials, or Content available through the App is inaccurate or incomplete and for typographical errors, omissions in the text, or other materials.

In no event shall we or our subcontractors or any other team members be liable for:

any direct, indirect, incidental, special, consequential, or incidental damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the App; and
any damage caused by the use of information obtained through the App, caused by a defect in the Services provided under these Terms; and
any damage caused by any errors, defects, and interruptions in the App.

We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control.

In particular, we will not be liable in case of any losses or damages you face in connection with:

our implementation of legal or regulatory requirements in accordance with applicable law;
our enforcement of Terms which includes blocking your transaction or Card Blanch Card;
refusal by a merchant to accept your Card Blanch Card;
refusal by a third-party payment processor to complete a transaction:
force majeure – an unforeseen event or circumstance that is beyond the control of the Company;
the quality of goods or services you purchase using your Card Blanch Card;
destruction, damage, or alteration of data unless caused by our wilful misconduct.

We’re also not responsible for any charges you have to pay to third parties, like your payment card issuers, for using the Card Blanch account and services.

We will not be liable to you in respect of any losses you or any third party may suffer in connection with the use of Card Blanch services – the App, Account, or Card Blanch Card as a result of our actions which were not a foreseeable consequence of our actions.

The above disclaimer applies to the extent permitted by applicable law. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, liability is limited to the greatest extent permitted by law, resulting in the smallest dollar amount permitted for the aggregate liability for both our App and affiliated parties for a claim deriving from or related to our App. This is in place of any and all other remedies otherwise available.

You agree to use the App and services offered by the App in a manner consistent with all applicable local, state, and federal laws and regulations, and you will be solely responsible for the violation of all or any applicable local, state, and federal laws and regulations conducted by you using the App or the Card Blanch Card.

Indemnification

You agree to defend, indemnify and hold harmless us from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:

any breach by you of any of these Terms;
your use/misuse of the App;
a violation by you of applicable law, our or third party’s intellectual property or other rights, or any agreement or terms with a third party to which you are subject.

We reserve the right to handle our legal defense; however, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.

Applicable Law and Jurisdiction

These Terms shall be exclusively governed by and construed under the laws of the State of Delaware of the United States of America, excluding its rules on conflict of laws.

You agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be settled through amicable negotiations directly with the Company following the principles of good faith and cooperation.

If attempts to reach a consensus through the negotiations fail, the dispute shall be settled exclusively by the American Arbitration Association (New York City, the US).

The arbitration shall be settled by one arbitrator whose decision is final. The language of the arbitration shall be English if the Parties do not agree otherwise.

TO THE EXTENT ALLOWED BY THE APPLICABLE LAW, YOU AGREE THAT ANY PROCEEDINGS TO SETTLE ANY DISPUTE UNDER THESE TERMS SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY.