RESTRICTIONS ON THE USE OF SERVICES. 25.1. incard will use its sole discretion based on its own risk assessment (which will change from time to time) when deciding whether to allow a prospective client to open an incard Account and whether to close open incard Accounts. 25.2. The following is a non-exhaustive list of examples of businesses which are outside our risk assessment, you must inform us if any of these become applicable to you (a) businesses or businesses with persons associated with it that are (i) suspected or convicted of financial crime or any other offence or action that carry a reputational risk for incard; (ii) subject to economic sanctions; (iii) highly rated politically exposed persons; (iv) suspected or convicted of terrorism and related offences; (v) knowingly providing false information to incard relating to their identity or business activities; (b) businesses that are: (i) actively involved in crypto or virtual currencies; (ii) traders of precious metals and stones; (iii) operating as a money service business; (iv) involved in banking and similar financial services; (v) active in the betting and gambling industry; (vi) active in trading with unlicensed drugs; (vii) trading in weapons and armaments; (viii) operating bidding fee auctions; (ix) operating unlicensed scrap metal dealership; (x) active as unregistered waste management businesses. 25.3. It is not permitted to: (a) use the Services for any illegal purposes. incard will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator; (b) use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full; (c) breach these Terms or any other agreement or policy that you have agreed with incard or with the incard Card Issuer; create more than one incard Account without our prior written consent; use the Services to violate any law, statute, ordinance, or regulation; use the Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services; (d) infringe incard’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (e) act in a manner that is defamatory, libellous, threatening or harassing when using the Services; (f) harass our employees, agents, or other users of incard; (g) provide us with false, inaccurate or misleading information; (h) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (i) use the Services to engage in debt-collection activities; (j) instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf; (k) control an incard Account that is linked to another incard Account that has engaged in any of the restricted activities set out in this clause; (l) conduct your business or use the Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to incard, third parties or you; (m) use your incard Account or the Services in a manner that the incard Card Issuer, Visa or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules; (n) allow any of your incard E-Money Accounts to have a negative balance; (o) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Services; (p) take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; (q) circumvent any incard policy or determinations about your incard E-Money Account including, but not limited to, attempting to create a new or additional incard Account when a incard E-Money Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional incard E-Money Account using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s incard E-Money Account; (r) use the Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable laws; (s) use the Services to trade FX for speculative purposes or for FX arbitrage; (t) refuse or fail to provide further information about you or your business activities that we may reasonably request; (u) conduct your business or use the Services in a manner that leads us to receive a disproportionate number of claims or chargebacks; (v) have a credit score provided by a third-party provider of incard’s choosing and/or other risk scoring method (such as adverse media) which indicates a higher level of risk associated with your use of the Services than incard is willing to accept; (w) reveal your Security Code to anyone or use anyone else’s Security Code. 25.4. You must ensure that You only enter into incard Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via an incard Transaction is not an indication of the legality of the supply or provision of the goods and services. 25.5. If incard, in its sole discretion, believes that you may have breached any provision of this clause 25, we may act to protect ourselves, other users of incard and third parties. The action we may take includes but is not limited to: (a) closing, suspending, or limiting your access to your incard E-Money Account or any or all of the Services; (b) contacting other users of incard who have transacted with you; contacting your bank or credit card issuer; and/or warning other users of incard, law enforcement, or impacted third parties of your actions; (c) updating inaccurate information you have provided to us; (d) taking legal action against you; (e) terminating these Terms and/or your incard Platform Users’ access to the incard Platform and/or terminating the incard Cards issued to your incard Cardholders; (f) fully or partially reversing a incard Transaction; and/or (g) blocking your access to your incard E-Money Account and/or the incard Platform temporarily or permanently. 25.6. Where possible, incard will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
Appears in 1 contract
Sources: General Services Agreement
RESTRICTIONS ON THE USE OF SERVICES. 25.1. incard will use its sole discretion based on its own risk assessment (which will change from time to time) when deciding whether to allow a prospective client to open an incard Account and whether to close open incard Accounts.
25.2. The following is a non-exhaustive list of examples of businesses which are outside our risk assessment, you must inform us if any of these become applicable to you (a) businesses or businesses with persons associated with it that are (i) suspected or convicted of financial crime or any other offence or action that carry a reputational risk for incard; (ii) subject to economic sanctions; (iii) highly rated politically exposed persons; (iv) suspected or convicted of terrorism and related offences; (v) knowingly providing false information to incard relating to their identity or business activities; (b) businesses that are: (i) actively involved in crypto or virtual currencies; (ii) traders of precious metals and stones; (iii) operating as a money service business; (iv) involved in banking and similar financial services; (v) active in the betting and gambling industry; (vi) active in trading with unlicensed drugs; (vii) trading in weapons and armaments; (viii) operating bidding fee auctions; (ix) operating unlicensed scrap metal dealership; (x) active as unregistered waste management businesses.
25.3. It is not permitted to:
(a) use the Services for any illegal purposes. incard will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
(b) use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full;
(c) breach these Terms or any other agreement or policy that you have agreed with incard or with the incard Card Issuer; create more than one incard Account without our prior written consent; use the Services to violate any law, statute, ordinance, or regulation; use the Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
(d) infringe incard▇▇▇▇▇▇’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(e) act in a manner that is defamatory, libellous, threatening or harassing when using the Services;
(f) harass our employees, agents, or other users of incard;
(g) provide us with false, inaccurate or misleading information;
(h) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
(i) use the Services to engage in debt-collection activities;
(j) instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
(k) control an incard Account that is linked to another incard Account that has engaged in any of the restricted activities set out in this clause;
(l) conduct your business or use the Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to incard, third parties or you;
(m) use your incard Account or the Services in a manner that the incard Card Issuer, Visa or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
(n) allow any of your incard E-Money Accounts to have a negative balance;
(o) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Services;
(p) take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
(q) circumvent any incard policy or determinations about your incard E-Money Account including, but not limited to, attempting to create a new or additional incard Account when a incard E-Money Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional incard E-Money Account using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s incard E-Money Account;
(r) use the Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable laws;
(s) use the Services to trade FX for speculative purposes or for FX arbitrage;
(t) refuse or fail to provide further information about you or your business activities that we may reasonably request;
(u) conduct your business or use the Services in a manner that leads us to receive a disproportionate number of claims or chargebacks;
(v) have a credit score provided by a third-party provider of incard’s choosing and/or other risk scoring method (such as adverse media) which indicates a higher level of risk associated with your use of the Services than incard is willing to accept;
(w) reveal your Security Code to anyone or use anyone else’s Security Code.
25.4. You must ensure that You only enter into incard Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via an incard Transaction is not an indication of the legality of the supply or provision of the goods and services.
25.5. If incard, in its sole discretion, believes that you may have breached any provision of this clause 25, we may act to protect ourselves, other users of incard and third parties. The action we may take includes but is not limited to:
(a) closing, suspending, or limiting your access to your incard E-Money Account or any or all of the Services;
(b) contacting other users of incard who have transacted with you; contacting your bank or credit card issuer; and/or warning other users of incard, law enforcement, or impacted third parties of your actions;
(c) updating inaccurate information you have provided to us;
(d) taking legal action against you;
(e) terminating these Terms and/or your incard Platform Users’ access to the incard Platform and/or terminating the incard Cards issued to your incard Cardholders;
(f) fully or partially reversing a incard Transaction; and/or
(g) blocking your access to your incard E-Money Account and/or the incard Platform temporarily or permanently.
25.6. Where possible, incard will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
Appears in 1 contract
Sources: General Services Agreement