KuCard Terms of Use

KuCard Terms of Use

Effective date: [18th Oct 2023]

Please read these Terms of Use carefully. By applying, accepting or using KuCard, you confirm that you have read, understood and agreed to be bound by this Agreement which sets forth the terms and conditions under which KuCard has been issued to you, including any amendments that we may make to this Agreement at any time.

Your KuCard account and KuCard, which is a Visa debit card, is issued to you by Wallester AS (registration number 11812882), authorized by the Finantsinspektsioon (Estonian Financial Supervision and Resolution Authority), and an official Visa Principal Member. 9.4. Supervision over Wallester’s activities shall be carried out by the Estonian Financial Supervision and Resolution Authority (address: Sakala 4, 15030 Tallinn, telephone: +372 66 80 500, e-mail: info@fi.ee, website: www.fi.ee).

For the convenience of wording in this Agreement, Wallester AS and Partner are collectively referred to as "we" or other applicable forms of first-person pronouns in this Agreement. All KuCard applicants and Cardholders shall be referred to as "you" or any other applicable forms of the second-person pronouns. You and we are collectively referred to as “both parties”, and individually as “one party” herein.

1. Definition and Interpretation

1.1 In this Agreement, the following terms and expressions shall have the meanings ascribed to them below, unless any term or condition herein requires otherwise:

Agreement consists of this KuCard Terms of Use, the Fee Schedule, the Privacy Policy, Rules against Money Laundering and Terrorism Financing, as well as any other rules, statements and guidelines inter alia that have been or may be released or published on [please insert KuCard main site address].

“Wallester” means the card issuer Wallester AS (registration number 11812882), the payment services provider and principal member of Visa who issues the KuCard to you, having its registered office at F.R. Kreutzwaldi 4, 10120 Tallinn, Estonia.

“Partner” means UAB EURLITA (registration number 305833675), the virtual currency exchange and deposit operator, having its registered office at Žalgirio g 90, 6th floor, Vilnius, Lithuania, LT-09303, who provides KuCard services on our behalf.

“Platform” means an information intermediary service website (www.kucoin.com) operated and managed by KuCoin, which makes KuCard services provided by Partner available to you.

“Authentication” means the performance of such operations which make it possible to identify you and/or establish the validity of the payment instruments issued to you.

“Means of Authentication” means information, object, attribute, or other means that enables you to Authenticate yourself, prove the validity of KuCard, or authorise certain operations, for example, a one-time authentication code or a reusable CVV code (Card Verification Value).

“Authorisation” means the performance of such operations by which you confirm your will and decision to perform certain operations.

“Card Data” includes the name of the Cardholder, the number, validity period, and security feature (e.g., CVV code) of KuCard.

“You” or “Cardholder” means a natural person located in Permitted Jurisdiction who meets the registration requirements and to whom a KuCard is issued. By clicking the “submit” button on the registration page of KuCard, this Agreement will be binding upon the Cardholder immediately.

“KuCard” means a payment instrument that uses the Visa network and is branded by Visa, which is owned by Wallester and issued by Wallester in co-operation with Partner and which the Cardholder may use to perform Transactions. “KuCard” or “Card” may be used interchangeably and should have the same meaning.

“Сhip&Pin Card” means a physical Card with an electronic chip and requiring Pin-code as an authorization mean. A Chip&Pin Card can be made of plastic, veneer, metal or any other suitable material.

“Virtual Card” means a KuCard consisting of digital Card Data, and not having a physical body.

“KuCard Terms of Use” means this document, which stipulates the rights and obligations of the Partner and/or you in the provision of KuCard services by Wallester to you.

“Visa” means International Card Organisation Visa Europe Ltd.

“Terminal” means an ATM, payment terminal, or any other system (incl. Internet environment) through which the Cardholder can perform Transactions.

“Transaction” means using the Card in a Terminal to pay for goods and/or services or obtain information and/or cash withdrawal.

“Strong Authentication” means authentication based on at least two elements that fall into the following categories: knowledge (something known only to the Cardholder), possession (something that only the Cardholder is in possession of), or attribute (something that is specific to the Cardholder), which are independent of each other so that a breach of one of them would not compromise the credibility of the other, and the structure of which allows to protect the confidentiality of the authentication data.

"Supported Cryptocurrency" means only specific Digital Assets listed as available in your account that may be used for spending via KuCard. The type of Supported Digital Asset may vary by jurisdiction.

Euro and “EUR” mean the lawful currency of the Participating Member States introduced in accordance with the EMU Legislation.

1.2 All codes or statutes or administrative regulations cited in this Agreement shall refer to the latest amended version thereof, regardless of whether such amendment is made before or after the signing of this Agreement.

1.3 The headings of the terms and conditions of this Agreement are for convenience only and shall not be used for the purpose of interpreting the terms and conditions of this Agreement. References herein to any statement, term, condition, annex, schedule shall refer to statements, terms, conditions, annexes, and schedules hereunder.

1.4 The term “include” used herein shall, under any and all circumstances, always have the meaning ascribed to the term, unless this Agreement requires otherwise.

1.5 Unless it is agreed otherwise herein, should there be any conflict or inconsistency between the documents hereunder, the validity of the documents shall be prioritized in the following order, so as to resolve such conflict or inconsistency;

a. KuCard Terms of Use;

b. User Service Agreement of the Platform;

c. Privacy Policy of the Platform;

d. Privacy Policy of Wallester’s Website;

e. Rules against Money Laundering and Terrorism Financing;

f. other agreements, rules and guidelines as may be implemented from time to time.

1.6 This Agreement may be made available in different languages for your convenience only. Should there be any inconsistency or conflict between the different language versions in terms of content or should there be any omission in one language version, the English version of the KuCard Terms of Use (and the corresponding terms, agreements, policies, etc., as indicated under Article 5) shall prevail.

2 What is KuCard?

2.1 KuCard is a Visa debit card issued to you by Wallester AS, a payment institution and principal member of Visa that holds valid licence to provide payment instrument issuing services on the territory of Estonia and other EEA countries under the cross-border licence.

2.2 To use the Card, you must agree to the Agreement set out herein. You may access your Accounts with your Debit Card subject to these Terms and Conditions and other terms and conditions which govern your accounts and the applicable payment network or platform from time to time.

2.3 You may use your KuCard for purchasing products and services from merchants at point of sale Terminals. It can also be used to withdraw money from automated teller machines (“ATMs” that accept Visa cards (“Transactions”).

3 Eligibility

3.1 For the time being, KuCard is only available to citizens and residents of the European Economic Area (EEA). To be eligible, you need to pass identity verification with a supported EEA-issued identity document.

3.2 EEA countries consist of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Iceland, Liechtenstein, Norway (Permitted Jurisdictions).

3.3 Nothing on the Platform shall be deemed to constitute solicitation or intention to solicit any individuals located outside Permitted Jurisdictions to apply or use KuCard. To apply and/or use KuCard, you hereby confirm that you are a resident of a Permitted Jurisdiction. The scope of Permitted Jurisdictions may vary from time to time, you shall promptly stop using KuCard if you are no longer a resident of a Permitted Jurisdiction and inform Partner of the change of residence

4 How do I apply for a KuCard?

4.1 To apply for a KuCard, you will need to provide certain personal information as set out on the application page.

4.2 We will share your personal information which have been provided by you to us with our service providers. This sharing of information is subject to the Privacy Policy. The purpose of sharing your personal information with our service providers is to verify your identity and address. This is to ensure that the application is legitimate and to prevent fraud. The information shared may also be used to manage risk, as required by applicable laws. This step helps in assessing the level of risk associated with issuing a KuCard to you.

4.3 If you refuse or fail to provide the required information or if we cannot verify your identity using the information provided, your application for a KuCard will not be considered.

4.4 We reserve the right to refuse processing your application if it determines, at our sole discretion, that you have violated the terms of the Agreement.

4.5 You represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended or removed from using our services or other similar services provided by other parties; (c) have full power and authority to enter into this Agreement; (d) using the Services in your own name and solely for your own benefit; (e) are not located in, under the jurisdiction of, or a national or resident of any Locations outside the Permitted Jurisdictions (f) will not use our services if any applicable laws in your country prohibit you from doing so in accordance with this Agreement; (g) are not a designated person under regulations issued pursuant to the lists of individuals or entities identified by the Security Council of the United Nations or the Committee as individuals or entities to whom or which apply the measures referred to in paragraph 8(d) of Resolution 1718 (2006)(including any such list as updated from time to time by the Security Council or the Committee, and made available on the Internet through the official United Nations website at http://www.un.org/) ; and (h) have read and understood this Agreement.

5 How do I get started?

5.1 You agree that you will only use KuCard in accordance with the Agreement.

5.2 After your application of KuCard has been approved, you may start using your Virtual Card immediately, which does not require activation, for online purchases by using the card details available in your account.

5.3 Only the Cardholder has the right to perform Transactions with the KuCard.

5.4 Upon issuance of the KuCard, you will be provided with personal Means of Authentication (e.g. CVV code, and/or PIN code for the Chip&Pin Card), which shall be deemed to be the Cardholder’s signature in performing the Operations.

5.5 We may send the Chip&Pin Card and its Means of Authentication by post to the address notified by you. Upon receipt of the physical Card, you are obliged to make sure that the envelope with the Card and its Means of Authentication have not been opened nor damaged. The physical Card is activated either in the self-service environment on the Platform.

5.6 Once you receive your physical Card, you should sign on the physical KuCard immediately and activate your Card as soon as possible through either www.KuCoin.com or the KuCoin App. You may find the detailed activation instructions on the packaging of the Card and on the Platform.

5.7 You may perform Operations within the amount and limits stipulated in the Agreement and only in Terminals marked with the Visa logo.

5.8 Should you fail to activate your card within 3 months from the date of preparation of the Card, your Card and KuCard account may be automatically closed without refunding any service charges incurred.

5.9 You undertake not to use the Card that is invalid, closed or otherwise unfit for use and shall physically destroy such Card within three (3) days after it was closed or became invalid or unfit for use.

5.10 The Virtual Card is valid until the last day (inclusive) of the calendar month specified in the Card Data. Upon expiration new card is not issued automatically. To get a new Virtual Card, you have to apply for it.

6 Use of KuCard

6.1 In order to make a transaction using KuCard, your consent is required. You consent is deemed to be provided when personal Means of Authentication (e.g. CVV code, and/or PIN code for the Chip&Pin Card) has been correctly provided.

6.2 It is your responsibility to keep secure of your Means of Authentication. Should you believe that an error or unauthorized transaction has occurred, or your Card has been lost or stolen, you should freeze your account immediately on the Platform and contact our customer service. We will not be liable for unauthorized Transactions.

6.3 Acceptance of the Card will be subject to the merchant, ATM owner, Card Scheme and/or other service providers.

6.4 The usage limits for the KuCard are set out in [Kucard FAQ]. Without limiting our right, we may set or vary daily transaction limits or specify the scope of usage available in different jurisdictions.

6.5 The use of the KuCard outside the Permitted Jurisdictions are subject to fees as we may reasonably prescribe and the applicable law and regulations in the relevant overseas jurisdiction. Please refer to the Fee Schedule for the list of fees and charges applicable for your usage of the Card.

6.6 While we do not provide monthly statement, you may find details of your Transactions that you have executed using KuCard on the KuCard portal.

6.7 You are responsible for the Transactions and related fees and charges even if: i) you do not sign a sales slip (including where a Transaction may be effected by telephone, mail, electronic means or direct debit arrangement without a sales slip or without your signature) or the signature on the sales slip is different from the signature on your physical KuCard; or ii) the transaction is effected involuntarily; or iii) when the actual transacted amount is higher than the authorized amount. If there are any outstanding fees and charges owed to us, we may impose a penalty, charge interest on the outstanding amount at the prevailing rate, or without prior notice, deduct or set-off the outstanding amount from the balance of your account.

6.8 You shall not, whether with or without your knowledge, use the KuCard to effect any transaction which could contravene the laws of any jurisdiction.

6.9 You agree that when your Kucard is used to effect, process or conduct any Transaction, it is or shall be deemed to be used with your authority and knowledge whether or not you have actually authorised and/or have knowledge of the use of the Kucard and we shall debit against your account any such amount transacted or processed through the use of the KuCard. You shall accept our records of all transactions effected, processed or conducted through the use of the KuCard as correct and conclusive, save in the case of manifest error, and you agree to be bound by our records.

6.10 Operation made with the Card is binding to the Cardholder if the Cardholder has given its approval, that is, authorized the Operation. By authorizing the Operation the Cardholder gives its consent to Wallester to perform the Operation. To authorize the Operation, the Cardholder shall enter the Card Data into the field indicated for that purpose on the respective website of the service provider or make a point-of-sale transaction through contactless by scanning a mobile device on the site of the service provider. The consent to perform the Operation or the “payment order” is deemed to be received by us at the moment when payment data is submitted to Visa. The maximum time for performance of the Operation is 24 hours.

6.11 At our request, the service provider may refuse to accept payment with the Card.

6.12 At the request of the person servicing the Chip&Pin Card, you are obliged to present an identity document and agree to the recording of the document particulars.

6.13 The Operations may be carried out only by the Cardholder personally. We have the right to assume that all the Operations have been carried out by the Cardholder and according to the will, until proven otherwise or until the Cardholder has informed us.

6.14 When using the Card, you are required to use Strong Authentication, except when using the Chip&Pin Card within the limit prescribed for Operations performed with a Near Field Communication device if you agree to the performance of the Operation by touching the Near Field Communication device.

6.15 If you have given your consent to the performance of the Operation, you shall not have the right to be refunded for the Operation, unless the person who provided the corresponding service agrees to the refund of the amount paid for the Operation. The consent to perform the Operation or the “payment order” is deemed to be received by Wallester at the moment when payment data is submitted to Visa. The maximum time for performance of the Operation is 24 hours.

6.16 You accept that all Operations performed by you and/or by using the Means of Authentication of the Card or by entering the required particulars in the Internet environment and/or by touching the Near Field Communication device are valid for us and shall be executed by us.

6.17 We have the right to bring in third parties for executing Operations.

6.18 We have the right to determine the Card limits and the minimum and maximum amount of a one-off Operation.

6.19 You shall inform us of any malfunctions or disturbances that prevent carrying out the Operation.

6.20 The Card has a fixed term and is valid until the date indicated on the Card.

7 Security Requirements For Using The Card

7.1 You shall:

7.2 Sign the Card by hand upon receipt;

7.3 Use the Card in accordance with the Agreement and make every effort to protect the Card from mechanical damage, high temperature, electromagnetic exposure, copying, modification etc.;

7.4 Not pass the Card Data or the Card over to a third party (third parties), except to the person accepting the payment for the duration of an Operation;

7.5 Shall not save the Card Data on any data medium;

7.6 Not use the Card for illegal purposes and in manner, including the purchase of goods and services that are prohibited by applicable law, which may cause damage to usr and/or to a third party;

7.7 Immediately report any errors or disruptions hindering the performance of Operations.

7.8 Perform other obligations arising from the Payment Card Terms and Conditions or the legislation.

7.9 If a third party has learned the Card Data and in any other case when there is a risk of a third party using the Card, you shall immediately contact customer service. Upon receipt of the relevant information, we shall make every effort to stop further use of the Card (incl. close the Card).

8 Information And Submission Of Complaints

8.1 You are obliged to immediately check the accuracy of the Operations performed. Any complaints about unauthorised and/or improperly executed Operations shall be submitted in a format enabling written reproduction promptly but no later than within the term stipulated in the applicable enactments.

8.2 If you have authorised the Operation without knowing the exact amount, you have the right to file a complaint to or claim refund of the Operation amount directly from the recipient of the payment resulting from the Operation, instead of us.

8.3 Any other complaints and disputes between the Parties shall be settled by negotiation. If, in settling their differences concerning the Agreement, the Parties fail to reach an agreement, the dispute shall be resolved by the court for the area where Wallester has its registered office.

8.4 You confirm and agree that the contractual relations arising from this Agreement shall be governed by the laws of the Republic of Estonia and that disputes shall be settled by the Estonian courts unless it is in contrary to Imperative Norms.

9 Prevention Of Money Laundering And Terrorism Financing

9.1 In preventing money laundering and terrorist financing, we have the following rights:

9.1.1 To regularly verify the information forming the basis for identification of the Cardholder and to request the Cardholder to submit additional documents;

9.1.2 To identify the Cardholder and/or the beneficial owner at any time chosen by us, including when we have doubts regarding the accuracy of the information received during the initial identification;

9.1.3 To impose temporary or permanent restrictions on Operations;

9.1.4 To request documents and information concerning the activities of the Cardholder, including information on the purpose and nature of the transaction, and the source and proof of funds andassets;

9.1.5 To request from you documents forming the basis for a transaction, including information or documents concerning the counterparty of the transaction, the beneficial owner, or other persons involved in the transaction;

9.1.6 To request you to provide any other information and perform any other acts which we deem necessary for the implementation of its anti-money laundering and counter-terrorist financing measures.

9.2 We have the right to refuse to execute Operations if you do not comply with the requirements set out in Clause 9.1.

10 Choice of funding source for KuCard

10.1 To use KuCard, you should have sufficient funds in your KuCard account to make Transactions. The primary source of funds used by KuCard will be the Supported Cryptocurrency in your KuCard Account. The Default Spending Currency will be USDT. (“Default Spending Currency”).

10.2 When you choose Supported Cryptocurrency as your Default Spending Currency, you authorize the Platform to convert Supported Cryptocurrency into Euro for the purpose of funding the Transactions. Please note that the exchange rate is variable and shall be solely determined by us.

10.3 If we believe that the balance in you KuCard Account falls below the amount required for you to make a transaction, we reserve the right to debit, access, or offset the amount of all or part of the Transaction from any other account(s) available on the Platform at any point of time which may include the existing or further fiat or cryptocurrency your hold in your account(s).

11 How does refund work?

11.1 When you spend Supported Cryptocurrency using your KuCard, we sell your Supported Cryptocurrency, convert it to EUR, and send the funds to the merchant. As a result, after a merchant refunds a transaction, we add the refunded amount to your EUR balance in your KuCoin Main Account. Please note that refunds will at all times be in fiat currency.

11.2 Refunds are denominated in the value of the EUR amount at the time of the transaction. You will lose any rewards you earned on a refunded transaction.

11.3 We reserve the right to convert the refund amount into another currency using an exchange rate and timing that we deem appropriate. You will bear all the associated risks, losses, commissions, and fees that may arise from currency conversion.

12 Unauthorised overdraft

12.1 If you effect a Transaction where there are insufficient funds in your KuCard Account and would cause the KuCard Account to go overdrawn or over an existing overdraft limit, we may in our sole discretion and without giving prior notice treat this as your informal request for an unauthorised overdraft and we may:

12.1.1 refuse your request and that transaction, and impose a service charge for considering and refusing your request; or

12.1.2 agree to your request and provide you with an overdraft or an increase to your existing overdraft. The amount of the overdraft or increase will be subject to our prevailing interest rate calculated on a daily basis. We may charge an arrangement fee for the overdraft or the increase.

13 Validity of the Card and Issue of A New Card

13.1 The Card is valid until the last day (inclusive) of the calendar month specified on the Card.

13.2 Upon expiry of the validity of the Card, we have the right to prepare a new Card. We will inform you of the time and/or manner of receiving the new Card.

13.3 We have the right not to prepare and/or issue a new Card upon expiry of the validity of the Card or when the Cardholder applies for a new Card (replacement card) if you have breached any obligation or condition for using the Card arising from this Agreement, or if you no longer meets the requirements set by us.

13.4 If you do not want a new Card, you shall, through us thereof in writing or in any other manner accepted by us at least forty-five (45) days before the last day of the month marked on the Card.

13.5 You undertake not to use the Card that is invalid, closed or otherwise unfit for use and shall physically destroy such Card within three (3) days after it was closed or became invalid or unfit for use.

13.6 The Virtual Card is valid until the last day (inclusive) of the calendar month specified in the Card Data. Upon expiration new card is not issued automatically. To get a new Virtual Card you have to apply for it.

14 Loss, theft or misuse of KuCard, PIN or Mobile Device Report

14.1 You should promptly report to us any loss, theft, disclosure or unauthorised use of your KuCard, PIN or Mobile Device, followed by a written confirmation as soon as reasonably practicable.

14.2 You will be responsible for all transactions effected by the use of your Card before we receive your report.

14.3 You should promptly notify us of any Transaction shown in your KuCard Account that was not authorised by you. You should notify us within 60 days of the date of the transaction and in such manner prescribed or accepted by us from time to time. If you do not notify us within such 60-day period, the transaction in question will be considered as correct, conclusive and binding on you and you will be regarded as having waived any right to object or pursue any remedy against us in relation to that transaction.

15 KuCard Reward Program

15.1 We may offer different benefits or rewards for KuCard from time to time.

15.2 We may also offer different benefits or rewards for the KuCard based various deciding factors as published on KuCard portal from time to time.

15.3 You may be required to make separate application to obtain some benefits.

15.4 We are not responsible for any purchases made with your KuCard. If you have any issues or disputes regarding the goods or services purchased, you must resolve them directly with the merchant. If you receive a refund, credit, or chargeback from a merchant for a Transaction and we have previously rewarded you for that transaction, we have the right to deduct the original reward amount from your KuCard Account using the exchange rate as we deem appropriate.

15.5 If you become involved in bankruptcy or insolvency proceedings, you will not be able to redeem any accumulated rewards.

15.6 We have the right to introduce new benefits or rewards, modify, terminate or withdraw any benefit or rewards at any time, for any reason and without prior notice. If such changes occur, any unredeemed rewards may be canceled, and we will notify you in writing or electronically.

15.7 We reserve the right to disqualify you from the rewards program immediately if you have violated the Agreement or if we determine that you have misused the program.

16 Termination, suspension and restrictions

16.1 We reserve the right to take immediate action, with or without prior notice, to restrict, suspend, or terminate your KuCard or your use of KuCard under the following circumstances:

a. If we are legally obligated to do so by contract, applicable law, court order, or any authority to which we are subject.

b. If we reasonably suspect that you have violated the Agreement, abuse the use of your Card or not acted in good faith.

c. If we have concerns about the accuracy of a Card Transaction, the security of your Card, your KuCoin account, or if we suspect fraudulent or unauthorized use of KuCard.

d. If we suspect money laundering, terrorist financing, fraud, or any other financial crime.

e. If you are subject to any sanction imposed, involved in pending litigation, investigation, government proceeding, or if there is an increased risk of non-compliance with legal or regulatory requirements.

f. If your have insufficient funds in your account to fund Transactions and associated fees and charges.

g. We have learned about a circumstance on the basis of which it can be reasonably concluded that the Card is available and/or its Means of Authentication are known to a person who does not have the right to use the Card.

16.2 If we restrict, suspend, or terminate your KuCard or Transactions, we endeavor to provide you with notice and the reasons for making such decision. You may then proceed to correct any mistakes or errors that led to the restriction, suspension, or termination. Once the reasons for the decline, restriction, suspension, or termination cease to exist, we will reinstate the Card Transaction and/or lift any restrictions, suspensions, or terminations as soon as reasonably practicable. However, in certain cases we may not be able to provide you with notice and/or reasons, if it is prohibited by law, our contractual obligations owed to third parties or in our sole discretion we deem it appropriate not to disclose the reason.

16.3 Your KuCard remains our property. You should return it to us upon our request.

16.4 We may also introduce, vary, restrict, suspend, withdraw or cancel all or any of the rights, benefits, services, facilities, rewards and privileges in connection with your KuCard. Upon cancellation of the KuCard, all sums due in respect of transactions effected by the use of the KuCard shall become immediately payable without demand.

16.5 We are entitled to refuse to execute the Operation performed by you if:

a. The Card is invalid or closed or the use of the Card is blocked;

b. The Operation amount and/or limit (including the Operation fees and expenses) exceeds the available amount and/or limit stipulated in the Agreement;

c. On any other basis arising from the Agreement or the legislation.

16.6 If the basis for blocking the Card does not cease to exist or there exists any other basis for closing the as specified in the Agreement, we are entitled to close the Card.

16.7 You have the right to request that the Card be blocked and/or closed at any time.

16.8 A blocked, closed, or invalid Card may not be used.

16.9 Unless otherwise provided by the Imperative Norms, we shall not be liable for any damage caused to you or any other third party by Wallester’s blocking the use of the Card or closing the Card in accordance with the Agreement. This shall also be the case if we block the use of the Card in good faith based on incorrect information.

17 Exclusions and exceptions

17.1 We are not responsible and cannot be held liable to you or any other person for any of the following:

a. A merchant's refusal to accept your Card;

b. Our compliance with applicable laws and regulations, which may include law enforcement requests;

c. Our decision to restrict, suspend, or terminate your Card or refuse to issue or replace a Card;

d. Our decision to declining a Card Transaction made or attempted by you using your Card;

e. Delays or failures in providing services, equipment, or other facilities if they are caused by circumstances beyond our control.

f. The availability or performance of point of sale terminals or devices provided by merchants or other parties that enable the use of the KuCard, including its contactless payment function.

Any indirect or consequential loss related to the use of your KuCard.

17.2 If your Card is faulty, our liability will be limited to assisting with the replacement of the Card.

17.3 We have no obligation but may issue a replacement KuCard to you. If we issue a replacement Debit Card, we may charge a handling fee by debiting your KuCard Account.

17.4 We are not accountable for a merchant's refusal to accept your KuCard. We are also not responsible for any goods or services provided by merchants. Your obligations to us, as outlined in this Agreement, remain unaffected and will not be relieved or reduced by any claims you make against a merchant. It is your responsibility to resolve any disputes with a merchant. This includes reaching an agreement with the merchant regarding the setup, modification, or termination of any autopay or direct debit arrangements linked to your KuCard. We have the right to decline any requests to establish, modify, or terminate such arrangements if there is a dispute between you and the merchant.

17.5 We have the right to charge and debit your Account for all Transactions made using your KuCard, even if a merchant fails to deliver goods or services, or if there are defects, or if the merchant fails to provide any associated benefits, discounts, or programs. If you encounter issues with these goods, services, benefits, discounts, or programs, you must seek resolution directly from the relevant merchant.

17.6 During the investigation of a disputed Transaction or chargeback between you and a merchant, we have the authority to charge and debit your Account for the Transaction. You acknowledge that charges may be incurred in any event of chargeback. You shall indemnify us for any charges incurred by us, and that the outcome of the refund is not guaranteed despite your indemnity on such charges. You further acknowledge that failure to provide all necessary documentation within the designated timeframe to substantiate the disputed Transaction or chargeback may result in the chargeback being upheld and funds being debited from your account. If the investigation supports your claim, we may refund the relevant amount to you. We retain sole discretion in deciding whether or not to issue a refund while awaiting the investigation's outcome.

17.7 Where an unauthorised payment has been made by using the lost or stolen Card Data and/or the Means of Authentication, or where the Card Data and/or the Means of Authentication have been used in any other unlawful manner and the Cardholder has not properly kept the Card Data and/or the Means of Authentication and there are no statutory circumstances excluding liability, we shall not be liable for such financial loss, and you shall be solely liable for any damage caused until the acceptable notification to us, but not exceeding the amount of 50 euros. This amount limit shall not apply if an unauthorised payment involves fraud on the part of the Cardholder or if the Cardholder intentionally or with gross negligence breached the following:

a. The obligation to use the Card Data and/or the Means of Authentication in accordance with the terms and condition for their issue and use, including the obligation to make every effort to protect the Card Data and/or the Means of Authentication enabling its use as from the receipt of the Card Data and/or the Means of Authentication;

b. The obligation to promptly after learning of the relevant incident report the loss, theft, and unauthorised or incorrect use of the Card Data and/or the Means of Authentication;

c. One or more conditions for issuing or using the Card and/or the Means of Authentication.

18 Personal Data

You authorise us to disclose, in strict confidence, to other institutions, including but not limited to, our processor, personal data and information about you to enable us to provide the services relating to your KuCard.

19 Amendment

We may amend this Agreement (including the Fee Schedule) at any time. Upon any change to the content of this Agreement, we will release the latest version of this Agreement, as amended, without notifying each user one by one. If you not agree with the amendment of this Agreement made by us, you should stop using the KuCard and give us written notice to cancel your KuCard before the date on which that variation takes effect. If you continue to use the KuCard, it is deemed that you accept the amendment(s) made by us to this Agreement and you will adhere to the terms and conditions of this Agreement as amended.

20 Notice

You agree that we may deliver notices, agreements and announcements by such electronic means as intra-Platform announcements, intra-website messages, e-mails, mobile phone short text messages, wireless communication devices, inter alia or by such physical means as by post. Such notices, agreements and announcements shall be deemed to have been duly served on the addressees on the day when they are delivered (if they are sent to you by post, they shall be deemed to have been served on the third natural day after they are posted to your contact addresses retained on the Platform). If you fail to receive any of the aforesaid notices, agreements or announcements on the date when it is deemed to have been served due to reasons not attributable to the Platform (including inaccurate or invalid e-mail address, mobile phone number, contact address, inter alia), the Platform shall not be held responsible in any manner whatsoever.

21 ENTRY INTO FORCE AND TERMINATION

21.1 By clicking the “submit” button on the registration page of KuCard, this Agreement will be binding upon the Cardholder immediately.

21.2 We have the right terminate the Payment Card Terms and Conditions as an extraordinary remedy without giving advance notice if:

21.2.1 you have provided false information to us when applying for the Card or has failed to provide information known to you affecting the performance of the Agreement;

21.2.2 You have failed to fulfil your payment obligation owed to us within an additional term of fourteen (14) days given to you and we have made a relevant request;

21.2.3 The Card issued hereunder has been closed and/or blocked for at least four (4) consecutive months;

21.2.4 The Card has not been used for Operations for six (6) consecutive months.

21.3 In addition to the cases stipulated in the Agreement, we have the right to terminate the Agreement as an extraordinary remedy without giving advance notice on other statutory grounds.

21.4 The termination of the Agreement shall not affect the collectability or satisfaction of financial claims arising prior to the termination of the Agreement.

22 FINAL PROVISIONS

22.1 We have the right to disclose information about Operations, the Card and/or the Cardholder to third parties who’s right to receive information arises from legal enactments and/or our principles of processing client data.

22.2 All processing of personal data processing is made in accordance with the Regulation (EU) 2016/679 (General Data Protection Regulation), available for reference at https://gdpr-info.eu/

22.3 Supervision over Wallester’s activities shall be carried out by the Estonian Financial Supervision and Resolution Authority (address: Sakala 4, 15030 Tallinn, telephone: +372 66 80 500, e-mail: info@fi.ee, website: www.fi.ee).

23 BETA USERS ONLY

23.1 By agreeing to be a part of the KuCard Beta Launch Program, you agree that during the Beta testing period, we shall have all the rights to suspend or bring to a stop all KuCard’s Services at any time as we think fit, without providing any notice to you.

23.2 We shall not be liable for any direct, indirect or consequential loss arising out of our decision to suspend or stop KuCard’s Services.