PREPAID CARD AGREEMENTWHEREAS, UAB “Spectro Finance" (hereinafter – "SpectroCoin"), located at Ausros al. 68, LT-76233 Siauliai, Lithuania, company code 303008845, is an official and registered intermediary of the prepaid card issuer (“Partner", “Partners") ;
WHEREAS, we, us ("we", "us") means SpectroCoin and/or Partner, issuing prepaid card;
WHEREAS, Prepaid Card (the "Prepaid Card") is a prepaid mastercard issued by Partner;
WHEREAS, you (“you" or the "User") are an individual or entity that applies for the Prepaid Card at www.spectrocoin.com and uses it;
WHEREAS, www.spectrocoin.com (the "Website") is a website for applying for and managing your Prepaid Card;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants and agreements contained herein, the parties hereby stipulate, agree and enter into the agreement (the "Agreement") as follows:
1. GENERAL PROVISIONS, SCOPE OF THE AGREEMENT AND ACCEPTANCE1.1. This Agreement applies to your Prepaid Card and sets out general terms and conditions for using SpectroCoin services related to your Prepaid Card.
1.3. This Agreement comes into effect at the moment you register at the Website and applies to your use of the Prepaid Card.
2. YOUR ACCOUNT2.1. If you want to apply for and start using the Prepaid Card, you must register at the Website. After you agree to be bound by this Agreement and complete the registration form, SpectroCoin will establish an account for you (the "Account") and provide you with the unique login ID and password. SpectroCoin reserves the right to refuse to register a new user without further explanation.
2.2. You can have only one verified account and may not create or use any Account other than your own. It is prohibited to use the same Account for meeting the needs of both natural and legal person.
2.3. To register, you must provide your name and surname, date of birth which would match your identity documents (International passport or ID card), your real address, phone number, email address and other information required in the registration form.
2.4. For the purpose of your Account verification you will be required to provide one or more documents, information or actions from the following list: a copy of your international passport or ID card, a selfie while holding your ID card or international passport, a copy of the bank transfer with the banker's signature, utility bill, video call with SpectroCoin agent, or any other information/documents required by SpectroCoin.
2.5. SpectroCoin reserves the right to suspend, restrict or block the usage of the Account and/or the Prepaid Card (i) if the details of your identity come into question or (ii) until the identity is completely verified.
2.6. You are solely responsible for maintaining the confidentiality of your Account information, including unique login ID and password, and for their usage. We recommend that you never share or disclose your Account information with anyone, create a complex and secure password, change your password frequently and always log out when finished using the Account.
2.7. You confirm that any information, data and/or content you provide when registering at the Website and afterwards (i) will be correct, accurate and not misleading or otherwise deceptive; (ii) will not infringe the intellectual property rights of SpectroCoin or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (iii) will not violate any law, statute, or regulation; (iv) will not be defamatory or libelous, and (v) will not create liability for SpectroCoin. You shall bear any losses that occur regarding the submission of invalid/incorrect data.
2.8. You are responsible for keeping your Account information up to date and should inform SpectroCoin immediately if you change your name, surname, address, phone number, or any other personal information that is required for the use of your Account and associated services. SpectroCoin may ask you to confirm that your account details are valid at any time. In case you fail to keep your Account information updated and this leads to information or a message failing to reach you in due time, we will not be liable in any way.
2.9. The Account is not an electronic money account and it does not hold any electronic money.
3. YOUR PREPAID CARD3.1. Prepaid card can be either physical (plastic) or virtual.
3.2. Your Prepaid Card can be denominated in EUR or USD.
3.3. Subject to the restrictions set out in this Agreement, you can use the virtual Prepaid Card at most virtual (online) locations that display the mastercard Acceptance Mark or Visa Acceptance Mark. Your Prepaid Card can only be used where the merchant requests electronic authorization. Where authorization is not sought, the transaction will be declined.
3.4. In addition to locations detailed in paragraph 3.3. and subject to the restrictions set out in this Agreement, you can use your plastic Prepaid Card at physical, brick and mortar store or any other places that require plastic cards for payments and display the mastercard Acceptance Mark or Visa Acceptance Mark.
3.5. Before using the Prepaid Card you need to make sure there are enough funds available in it.
3.6. You will not be able and should not attempt to use your Prepaid Card after its expiry date. The expiry date is indicated in your Account page or on the physical card.
3.7. Your Prepaid Card is not a credit card or debit card and is not in any way connected to your bank account.
3.8. You will not earn any interest or any other benefit from any funds loaded on your Prepaid Card.
3.9. Your Prepaid Card is issued and operated by Partner under a licence from mastercard.
3.10. At all times the Prepaid Card remains the property of the Partner and is not transferable to anyone else.
4. APPLYING FOR AND ACTIVATING YOUR PREPAID CARD4.1. To apply for our Prepaid Card you must be at least 18 years old and have an ability to lawfully enter into and form contracts under the applicable law. Your country of residence must be on the list of supported countries.
4.2. Application form for the Prepaid Card is available on the Website.
4.3. We will require evidence of your identity and your residential address. We may ask you to provide some documentary evidence to prove this and/or we may carry out checks on you (including your personal data) electronically. Checks with credit reference agencies, banks or similar service providers will be undertaken for identity verification purposes only. By accepting these terms and conditions at the time of application and by your ongoing possession and use of your Prepaid Card (once it is approved and issued to you), you expressly consent to us making such checks at our discretion.
4.4. If your identity is verified and application for the Prepaid Card is approved, your Prepaid Card will be delivered to you within 3-5 (three-five) business days from the receipt of your application unless otherwise notified on the Website.
4.5. We will not be able to send you the Prepaid Card if the address you provide us with is incorrect or otherwise misleading. We will ask you to confirm your contact information so that we can send you your Prepaid Card. You will not be entitled to a refund.
4.6. If you ordered a Prepaid Card and have not received it due to our or our Partner's fault, you may request a refund.
4.7. It remains at our sole discretion whether we issue the Prepaid Card to you and you acknowledge and agree that SpectroCoin shall be entitled to reject your application without further explanation.
4.8. You must activate your card as soon as you receive it. In order to activate the Prepaid Card you need to follow the instructions for the activation process provided to you by email/paper letter sent together with your Prepaid Card.
4.9. SpectroCoin, together with the Partner, shall have the absolute right to refuse to activate any new Prepaid Cards or to provide top ups (addition of monetary value to the Prepaid Card) on existing Prepaid Cards.
4.10. You can have and order no more than 1 virtual and 1 physical card per supported currency. If you fail to comply with this term or it comes to our attention that you own multiple accounts we reserve the right to suspend and freeze funds on your cards and your accounts.
5. USING YOUR PREPAID CARD5.1. Detailed instructions on how to use your Prepaid Card can be found on the Website.
5.2. The value of your transactions will be deducted from your Prepaid Card balance as soon as they are made. The same applies to any applicable fees (see the Fees section).
5.3. If there are no sufficient funds loaded on your Prepaid Card at the time of the transaction to cover the amount of the transaction and the fees, the transaction will be declined.
5.4. SpectroCoin or the Partner may at their own discretion and without your consent impose limits on your Prepaid Card. You can check limits imposed to you at the Website.
5.5. SpectroCoin, together with the Partner, reserve the right to suspend, restrict or block the usage of your Prepaid Card and/or to cancel it, as well as refuse to issue or replace the Prepaid Card at any time, if (i) SpectroCoin determines you violate this Agreement, other policies, anti-money laundering (AML) or other applicable laws; (ii) we suspect that the Prepaid Card or the Account may be used illegally or in an unauthorized or fraudulent manner; (iii) security of your Account or of any Prepaid Cards we have issued to you is compromised; (iv) we need to do so to comply with the applicable law or legal request by authorities. In such cases your funds in the Prepaid Card are held temporarily until the investigation of the situation is complete. SpectroCoin may hold your funds for up to 6 months but the suspension may not be lifted indefinitely if we fail to contact you or you refuse to cooperate. All Prepaid Card cancellations exercised by SpectroCoin cannot be reverted.
5.6. Information on your Prepaid Card restrictions is provided at your Account in advance or, if this is not possible, immediately after any of the restrictions are applied unless this would compromise security measures or to do so would be unlawful. We will lift the restrictions as soon as the reasons for the restriction cease to exist.
5.7. SpectroCoin utilizes various security measures to protect your personal data related to your Account and Prepaid Card and is committed to high standards of data security. However, SpectroCoin shall not be liable for any loss (direct or indirect) that you may incur as a result of the Website's malfunctions, errors, security breaches, hacks or any other reason.
5.8. SpectroCoin will not compensate any losses (direct or indirect) arising out of use of your Prepaid Card.
5.9. SpectroCoin reserves the right to change, supplement or discontinue services offered in relation to your Prepaid Card at any time without your consent.
5.10. We cannot guarantee a merchant will accept your Prepaid Card. The Partner may also refuse to conclude a transaction with your Prepaid Card if: (i) the Partner is concerned about security of your Prepaid Card or suspects your Prepaid Card is being used in an unauthorized or fraudulent manner; (ii) if the Partner has reasonable grounds to believe that you have breached this Agreement; (iii) if the Partner suspects that a transaction is illegal; (iv) or due to errors, failures (whether technical or otherwise) or refusals by merchants, payment processors or payment schemes to process transactions.
5.11. If the Partner refuses to authorize a transaction, we or the Partner will, if possible, tell you the reason immediately unless it would be unlawful for us to do so. You may correct any information we and/or the Partner hold and which may have caused the Partner to deny a transaction by contacting us via the Website.
5.12. You can view your transaction history by logging into your Account. You will not receive a separate account statement (neither paper nor digital) for your Prepaid Card.
5.13. By signing this agreement you agree that we may move your unused balance to a new Prepaid Card provided by a Prepaid Card issuer other than the Partner at any time.
6. FUNDS AVAILABLE ON YOUR PREPAID CARD6.1. Your Prepaid Card contains only funds you load on it and does not offer a credit line of any sort.
6.2. You may not spend or withdraw more funds than you currently hold on your Prepaid Card or are allowed by the upload, payment and withdrawal limits of your Prepaid Card.
6.3.The limits of your Prepaid Card depend on a variety of factors such as your country of residence, the verification status of your identity and other factors used by us to determine such limits in our sole discretion. Information on limits imposed on your Prepaid Card is available at the Website.
6.4. If, for any reason, a transaction you make with your Prepaid Card causes the balance on your Prepaid Card to go into negative, you must immediately upload funds into your Prepaid Card to cover the negative balance. We reserve the right to take additional steps such as demanding and enforcing payments in order to cover any negative balance you incur.
6.5. We, together with the Partner, are entitled at our own discretion to recover funds from you as we consider necessary in any event including but not limited to circumstances when a transaction exceeds the limit applicable to your Prepaid Card in accordance with the rules of mastercard.
7. LOADING YOUR PREPAID CARD7.1. Funds can be loaded to your Prepaid Card by using your Account at the Website. For loading the Prepaid Card follow the instructions at the Website. Other loading options may be added in the future.
7.2. You cannot load funds to your Prepaid Card from another person's bank, payment institutions or electronic money institutions account.
7.3. Funds will appear on your Prepaid Card as soon as it is technically possible according to the selected loading option.
7.4. Card loading and unloading limits are set out at the Website. We, together with the Partner, reserve the right to refuse to accept any particular loading transaction.
7.5. If any load takes the maximum card balance above the permitted limit the load will have to be refunded to your Account and we, together with the Partner, may charge the associated fee specified in the Fees section.
7.6. A load/reload fee may apply for each load/reload that you make. Please see the Fees section for details of such fees.
8. AUTHORIZING TRANSACTIONS8.1. Subject to the features of the particular Prepaid Card, the authorization of a transaction can include authorizing any single transaction, a series or recurring transactions (including transactions for an indefinite period) or pre-authorizing future transactions of a certain or uncertain amount.
8.2. Online transactions must be authorized by you by entering your Prepaid Card details as requested by the merchant. This usually means providing your Prepaid Card number, the name on your Prepaid Card, the expiry date of your Prepaid Card and in many cases the Card Verification Value (CVV) or similar security number provided on your Prepaid Card.
8.3. The Prepaid Card transaction will be considered as authorized when you confirm the transaction at the point of sale by following the instructions provided by the merchant to authorize the transaction, which may include providing the Prepaid Card details and/or providing any other requested details. You cannot revoke your authorization after having completed the transaction.
8.4. You must ensure that you have enough funds on your Prepaid Card to cover both the value of your transaction and the applicable fees.
8.5. If, in the unlikely event, for any reason whatsoever, a transaction is completed when there are insufficient funds on the Prepaid Card for that transaction (a "Shortfall"), the Shortfall shall be reimbursed by you unless it is due to an error on the part of the merchant where the Prepaid Card was presented, in which case we, together with the Partner, may seek the Shortfall from the merchant. Otherwise, you agree that once we make this Shortfall known to you, we may charge you for the Shortfall amount. We may charge the amount of the Shortfall from any other Prepaid Cards that you hold with us, to any other payment method which you may designate at that time, or against any funds which you may subsequently load into your Prepaid Card or on any additional Prepaid Card ordered by you. Until we are reimbursed the Shortfall amount, we, together with the Partner, may suspend your Prepaid Card and any additional Prepaid Cards connected to you. In addition, we, together with the Partner, reserve the right to charge you an administration fee of 2% for each transaction that you make using your Prepaid Card which results in a Shortfall or increases the Shortfall amount on your Prepaid Card.
8.6. After you authorize your transaction, the funds available on your Prepaid Card will be reduced by the amount of the transaction plus any applicable fees. To check your available funds, please log into your Account.
9. REDEMPTION OF FUNDS9.1. You have the right to redeem the funds on your Prepaid Card in whole or in part. To do so you can either send us an email using the “Contact Us" facility on the Website or use your Account requesting redemption and indicating the amount to be redeemed.
9.2. You may redeem your funds from your Prepaid Card to your bank account via bank transfer by using your Account at the Website. We, together with the Partner, may present an option to unload your funds into any other e-wallet/electronic money account that is supported.
9.3. When we process your redemption request, we may require you to provide us with documents such as identification so we may process your request in accordance with legal requirements.
9.4. We may also charge a redemption fee of 2% if one of the following circumstances applies: (i) you are requesting redemption before termination or expiry of this Agreement; (ii) you cancel this Agreement before any agreed termination date; or (iii) you request redemption more than one year after the date of termination or expiry of this Agreement.
9.5. Redemption is processed only if SpectroCoin has technical ability to do so. SpectroCoin also reserves the right not to unload card and provide no reason of doing so.
10. CANCELLATION AND EXPIRY OF YOUR PREPAID CARD10.1. Your Prepaid Card will be valid for 2 years. You must not use the card after its expiry date and you will not be able to reload it.
10.2. There will be no automatic renewal or replacement of the expired Prepaid Card. You will need to order a new Prepaid Card not later than 1 month before the expiration date of your Prepaid Card. This can be done either by email or at our Website.
10.3. If you order a new Prepaid Card later than 1 month before the expiration date of your old Prepaid Card, we, together with the Partner, reserve the right not to reissue your Prepaid Card.
10.4. You will be charged for the replacement of your expired Prepaid Card (see Fees section). You must have sufficient funds to cover any replacement card costs.
10.5. If your Prepaid card has expired and you ordered a new card which you have not received, please contact us.
10.6. Once your Prepaid Card has been renewed, this Agreement continues to apply.
10.7.Funds on your current Prepaid Card will not be automatically transferred to your renewed Prepaid Card. You will need to request the transfer of funds when you order the new Card.
10.8. You have a legal right to cancel your Prepaid Card up to 14 days (the “Cooling-Off Period") after you have applied and paid for your Prepaid Card. You will not be entitled to a refund of money you paid for your Prepaid Card and money you have already spent on transactions authorized or pending, or any fees incurred using the Prepaid Card before it is cancelled.
10.9. Under this Agreement, you also have the right to cancel your Prepaid Card at any time after the Cooling-Off Period. You will not be entitled to a refund of money you paid for your Prepaid Card and money you have already spent on transactions authorized or pending, or any fees incurred using the Prepaid Card before it is cancelled. You may be charged an additional fee for terminating this Agreement before it expires.
10.10. You can cancel your Prepaid Card by sending an email to us using the “Contact Us" function on the Website or using the Account page. Once we have received the necessary information, the refund of the funds remaining on your Prepaid Card will be processed. We may ask you to verify your identity to proceed with the request. Cancellation via our Website will not take immediate effect and we will not be responsible for any delay of the cancellation as a result.
10.11. If your Prepaid Card is cancelled for any reason, we will immediately block your Prepaid Card so it cannot be used.
10.12. If you cancel your Prepaid Card, once all transactions and fees have been deducted, we, together with the Partner, will arrange for any unused funds to be refunded to you. An administration fee of 2% will be charged unless you have arranged to transfer any unused funds to another Prepaid Card managed by us or you cancel your Prepaid Card within 14 days of paying for it.
10.13. We may cancel your Prepaid Card immediately if we suspect fraud or misuse of your Prepaid Card, if you violate terms set out in this Agreement, if you fail to pay fees or charges that you have incurred or fail to cover any shortfall, if we have any other security concerns, or we need to do so to comply with the applicable law. If we cancel your Prepaid Card, we will let you know as soon as we are legally allowed to do so after we have taken these steps. You will have to inform us what you want to do with your unused funds within 3 months after your Prepaid Card cancellation notice.
10.14. Following the expiry or cancellation of your Prepaid Card, you must take all reasonable steps to dispose of your Prepaid Card securely.
11. PRICING AND FEES11.1. SpectroCoin service fees are not fixed and can change. The current pricing schedule and fees are available at the Website. We may make immediate changes to the exchange rate used to convert transactions undertaken in a currency other than the currency of your Prepaid Card.
11.2. SpectroCoin reserves the right to amend its fees set out in this Agreement at its own discretion.
11.3. Our fees are charged immediately and automatically once your transaction or other use of our service is completed. Fees will be deducted from your Prepaid Card balance.
11.4. SpectroCoin, together with the Partner, reserve the right to suspend the use of the Prepaid Card/Account or unilaterally charge/set-off overdue payments from your Prepaid Card if you fail to pay for SpectroCoin services within the period agreed in this Agreement.
11.5. It is your responsibility to determine what, if any, taxes apply to your transactions that you engage in by using the Prepaid Card, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. SpectroCoin is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
11.6. SpectroCoin does not remunerate fees of banks or intermediaries, payment transfer and/or receipt charges or other applicable fees of third parties, therefore, the amount of funds you add/redeem to/from your Prepaid Card may be smaller.
11.7. You can access your invoices and your fees history on your Account. We do not charge any fees for checking your balance and transactions online.
11.8. SpectroCoin reserves the right to demand a fee and/or remuneration from you for the provision of additional services provided by SpectroCoin or third parties acting on behalf of SpectroCoin.
12. REFUNDS12.1. You may request a refund of the funds on your Account in relation to incorrectly executed transactions. To do so, send us an email using the “Contact Us" facility on the Website requesting a refund.
12.2. Your funds will not be refunded if (i) we have any reason to believe that the incident has been caused by a breach of this Agreement or gross negligence; (ii) we have reasonable grounds to suspect fraudulent activity on your behalf; (iii) an investigation shows that any disputed transaction was in fact authorized by you. If you have acted fraudulently or with gross negligence (for example by failing to keep your Account secure), you may be liable for any loss we incur because of such use of the Account.
12.3. We may charge a refund fee of 2% for processing your refund request (see the Fees section).
12.4. Due to legal requirements applicable to us you might be required to provide us with additional information regarding your refund request. We aim to complete refund requests within 30 days.
13. FINANCIAL SERVICES DISCLAIMER/FUND PROTECTION13.1. The Prepaid Card is an electronic money product and although it is a product regulated by the relevant financial authorities, it is not covered by the deposit and investment insurance. No other compensation scheme exists to cover losses claimed in connection with the Prepaid Card. This means that in the event that Partner becomes insolvent you may lose your money loaded into the Prepaid Card.
13.2. As a responsible electronic money issuer, Partner ensures that once it has received your funds they are deposited in a secure account, specifically for the purpose of redeeming transactions made by your Prepaid Card, therefore your funds are safeguarded against insolvency. In the unlikely event that Partner becomes insolvent, funds that you have loaded and have been successfully deposited by Partner are protected by law against the claims made by creditors.
13.3. Any funds received by SpectroCoin and/or Partner from you shall not constitute either a deposit or other repayable funds.
14. DATA CENTER14.1. Currently SpectroCoin stores your data, including, but not limited to, your personal data, in EU data centers. The data centers meet up the appropriate security requirements.
14.2. SpectroCoin reserves the right to make both scheduled and non-scheduled maintenance of the data centers and the systems which host the Account, update and improve them without giving notice. During maintenance the Account and associated services may be temporarily unavailable. SpectroCoin is not responsible for any damages that you may incur as the result of the Account's availability or operation under maintenance.
15. SECURITY OF YOUR PREPAID CARD15.1. We are committed to encrypting your Account data and take other security measures such as the use of firewalls, antivirus software and SSL certificates to store your Account data safely.
15.2. In case the security of the Account is compromised, we reserve the right to suspend access to the Account so that we can ensure safe and comprehensive functioning of the Account. We are not responsible for any losses incurred due to such a suspension of access to the Account.
15.3. You must use reasonable and appropriate safety measures to keep your Prepaid Card safe. You must not let anyone else use your Prepaid Card. If it is lost or stolen, you may lose some or all of your money on your Prepaid Card which will not be reimbursed by SpectroCoin.
15.4. Even if you do not actively use your Prepaid card, we recommend to regularly check your Prepaid Card balance at the Website so that you are able to identify any suspicious activity.
15.5. You must inform us without undue delay by calling us or via the Website if (i) you become aware or suspect that your Prepaid Card is lost, stolen or unusable; (ii) the password or other data used to access the Account/Prepaid Card have been compromised; (iii) you suspect a transaction has been executed incorrectly (including non-executed and defectively executed). Any undue delay may result in you being liable for any consequent losses. If you suspect that your Prepaid Card is being used by someone else you should also contact the police and report the incident.
15.6. If you inform us about cases mentioned above, we, together with the Partner, will investigate any disputed transaction or misuse of your Prepaid Card. We may need additional information and assistance from you in order to conduct such an investigation.
15.7. If, after reporting the loss of your Prepaid Card, you subsequently find the card details, you must not use it.
16. LIABILITY AND INDEMNIFICATION16.1. You are responsible for actions performed by using the Website/Account/Prepaid Card.
16.2. You must act in accordance with this Agreement and the applicable law and refrain from any action that may cause damage to the Website/Prepaid Card and/or SpectroCoin.
16.3. SpectroCoin shall not be liable in case of loss due to the fact that you, regardless to SpectroCoin's recommendations, did not get familiar with this Agreement.
16.4. SpectroCoin shall not be liable for an insecure computer and/or internet connection used by you.
16.5. You agree to defend and indemnify SpectroCoin and its employees from any claim or demand, including reasonable legal expenses (such as attorney's fees), arising from your failure to comply with this Agreement, your violation of any law, or the rights of a third party.
16.6. SpectroCoin is not responsible for information provided at other websites, even if you follow links to those websites from the SpectroCoin's Website.
16.7. SpectroCoin does not have control over and is not liable for the products or services that are paid for with your Prepaid Card or the risks associated with your business/transaction partners.
16.8. SpectroCoin takes no responsibility for and will not be liable for any financial loss arising from the use of your Account and/or Prepaid Card, including, but not limited to, (i) loss due to technical faults, which result in a loss of ability to access your Account/Prepaid Card; (ii) system hacks; (iii) server failure or data corruption/loss; (iv) technical faults of mastercard systems; (v) forgotten passwords; (vi) unauthorized access to your Account/Prepaid Card.
16.9. SpectroCoin will not be liable for (i) business interruption, loss of revenue, goodwill, opportunity or anticipated savings; (ii) any loss arising from any cause which results from abnormal or unforeseen circumstances beyond our control, consequences which would have been unavoidable despite all our efforts to the contrary; (iii) or a merchant refusing to accept your Prepaid Card.
16.10. We shall not be liable in any event if (i) the Partner does not authorize a transaction; (ii) if we, together with the Partner, cancel or suspend the use of your Prepaid Card. Unless otherwise required by law, we shall not be liable for (iii) any direct or indirect loss or damage you may incur as a result of your use or inability to use your Prepaid Card, (iv) or the use of your Prepaid Card by any third party. We, together with the Partner, may restrict or refuse to authorize any use of your Prepaid Card in any jurisdiction if using the Prepaid Card is causing or could cause a breach of this Agreement or if we suspect criminal or fraudulent use of the Prepaid Card.
16.11. You are responsible for all authorized transactions on the Prepaid Card. If we determine that you acted fraudulently or with gross negligence, you shall be liable for all losses and damages.
16.12. You are responsible for the security of your Prepaid Card and computers or interfaces. SpectroCoin accepts no responsibility for any loss or damages if you provide SpectroCoin with wrong or false information, including, but not limited to, personal data. SpectroCoin is not responsible for payments made by you to an incorrect merchant or an incorrect bank account.
16.13. SpectroCoin shall not be liable in any event when a merchant refuses to accept your Prepaid Card, or if your transaction is not authorized, or if we cancel or suspend use of your Prepaid Card, to the extent permitted under this Agreement and the applicable law. Unless otherwise required by law, we shall not be liable for any direct or indirect loss or damage you may incur as a result of your total or partial use or inability to use your Prepaid Card, or the use of your Prepaid Card by any third party.
16.14. Unauthorized transactions will be refunded if you notify us of such transaction, unless: (i) there is evidence that you acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case we will carry out a prompt investigation to determine whether the transaction was unauthorized, or (ii) the Prepaid Card was lost or stolen or you have failed to keep your Prepaid Card details safe from misappropriation, in which case you will be liable for all relevant losses for each instance of loss, theft or misappropriation.
16.15. SpectroCoin, together with the Partner, reserve the right to investigate any disputed transaction or misuse of your Prepaid Card before and after a refund. In the event that you do not use your Prepaid Card in accordance with this Agreement or we find that you are using your Prepaid Card fraudulently, we reserve the right to charge you for any reasonable costs that we incur in taking action to stop you using your Prepaid Card and to recover any amount owed as a result of your activities.
16.16. You will be liable for all losses, costs and expenses incurred by us or the Partner in respect of an unauthorized payment transaction where you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement and will reimburse all such losses, costs and expenses on demand and on an indemnity basis.
16.17. You will be liable if and to the extent that a transaction made by you exceeds the limit applicable to your Prepaid Card.
17. DISPUTES WITH MERCHANTS AND THE ROLE OF SPECTROCOIN17.1. If you have any disputes about purchases made using your Prepaid Card, you should settle these with the person you bought the goods or services from.
17.2. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with your Prepaid Card.
17.3. SpectroCoin has no responsibility to ensure that the person you bought the goods or services from completes a transaction with you or delivers the product/service to you.
17.4. Once you have used your Prepaid Card to make a purchase the transaction cannot be stopped by us.
18. COMPLAINTS18.1. If you are unhappy in any way with your Prepaid Card or the way it is managed or have any other complaints in connection with your Prepaid Card, please let us know by using the contacts section on the Website.
18.2. We will endeavour to deal with any complaints you may have, quickly and fairly, and will notify you of the outcome of our investigation.
19. PRIVACY AND PERSONAL DATA MANAGEMENT19.1. In order to use the Prepaid Card you shall agree and comply with the procedures and conditions set out in SpectroCoin Privacy and Personal Data Management Policy (available on the Website).
19.2. By signing this Agreement and using your Prepaid Card you agree for SpectroCoin to manage your personal data with an aim to provide services to you and execute other responsibilities under this Agreement. Personal data is used to the extent necessary to provide services to you and execute this Agreement. Personal data is used in accordance with regulatory requirements and mastercard rules.
19.3. By signing this Agreement and using your Prepaid Card you confirm that you have provided correct data about yourself in every required form and that afterwards, when changing or adding any data at the Website, you will enter only correct data. SpectroCoin will not tolerate invalid, false or otherwise incorrect data and will pursue actions in accordance with its legal obligations. You shall bear any losses that occur with regard to the submission of invalid, false or otherwise incorrect data.
19.4. You are responsible for maintaining adequate security and control of every identification number, password, and/or any other code that you use to access the Website, Account and/or the Prepaid Card. If you have not complied with this obligation and/or could, but have not prevented it and/or performed it on purpose or due to own negligence, you assume the loses and undertake to reimburse the losses of other persons incurred as a result of your (in)action.
20. COPYRIGHT20.1. The URLs representing the Website, “SpectroCoin", and all related logos of our services described in our Website are either copyrighted by SpectroCoin or are trademarks of SpectroCoin. In addition, all page headers, custom graphics, design, button icons, scripts, source codes, content are copyrighted by SpectroCoin. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. All the Website's content and any content thereon is the exclusive property of SpectroCoin.
21. TERMINATION (LIMITATION) OF THE AGREEMENT21.1. This Agreement is open-ended and will be binding from the time you successfully register for the Account and use the Prepaid Card until it is terminated for whatever reason. You may close your Account and cancel your Prepaid Card and terminate this Agreement at any time by logging in to your Account and follow the instructions there. Account closure shall mean the termination of this Agreement.
21.2. At any time and for any reason at its sole discretion SpectroCoin, together with the Partner, may terminate this Agreement, your access to the Website, your Account and/or the Prepaid Card and may halt any pending transactions. We might be required by law or there might be reasonable need (e.g. because of a fraudulent activity) for the termination to happen immediately and without notice. SpectroCoin shall have no liability or obligation for the termination of this Agreement.
21.3. This Agreement will automatically terminate without notice to you upon cancellation of your Prepaid Card (if it is not renewed).
21.4. You may not close your Account to evade an investigation on your fraudulent activities. If you attempt to close your Account while we are conducting an investigation, we may hold your funds to protect SpectroCoin or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities of whatever nature. You will remain liable for all obligations related to your Account and/or Prepaid Card even after the Account and/or the Prepaid Card is closed.
21.5. In case of termination of this Agreement, SpectroCoin will deduct from your Account money amounts payable for SpectroCoin services provided to you, also fines, forfeits, losses and other amounts paid to third parties or the state, which SpectroCoin has incurred due to your fault. In case the amount of money on your SpectroCoin Account is insufficient, you undertake to transfer indicated amounts to your SpectroCoin Account within 3 business days. In case SpectroCoin regains a part of amounts paid to third parties, SpectroCoin undertakes to return the regained amounts to you immediately.
21.6. Termination of this Agreement does not exempt you from any liabilities you incurred by way of this Agreement before its termination.
22. CHANGES TO THE AGREEMENT22. 1. The up-to-date version of the Agreement will always be available on our Website. SpectroCoin may change, amend, delete or add to this Agreement or any of the terms and conditions contained in any policies or rules governing the Website, the Account and/or the Prepaid Card at any time and in its sole discretion.
22.2. If we change the user agreement in a way that reduces your rights or increases your responsibilities, we will provide you with 30 days' prior notice by posting notice our Website.
22.3. Changes to this agreement will be deemed to have been accepted by you where you do not, before the proposed date of the entry into force of the changes, notify us to the contrary. If you do notify us to the contrary, your notification will be deemed to be a notice that you wish to cancel your Prepaid Card and terminate these Terms on the date upon which the changes are to take effect.
22.4. Changes to the limits of your Prepaid Card that are necessary in order for us to comply with legal requirements and other changes which neither reduce your rights nor increase your responsibilities will not be explicitly notified. You can always check your limits by logging into your Account.
23. APPLICABLE LAW AND DISPUTE RESOLUTION23.1. The interpretation, validity and enforcement of this Agreement, and all legal actions brought under or in connection with the subject matter of this Agreement, shall be governed by the law of the Republic of Lithuania.
23.2. Any disagreements or disputes of the User and SpectroCoin, arising from this Agreement, shall be settled by negotiations between you and SpectroCoin. In case of failure to reach an agreement in 14 (fourteen) days, any disputes, disagreements or claims, arising from this Agreement or related to it, its breach, dissolution or validity, that have not been solved by you and SpectroCoin, shall be settled in the competent court of the Republic of Lithuania, according to the registration address of SpectroCoin.
24. MISCELLANEOUS PROVISIONS24.1. By signing this Agreement and using the Prepaid Card you confirm that you have read this Agreement, understood its terms, conditions and consequences.
24.2. If any section or portion(s) of this Agreement is declared invalid by any court of competent jurisdiction or a government agency with the power to do so, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, shall not be affected thereby, and this Agreement shall remain in full force and effect. To the extent possible, the parties shall reform such invalidated section or portion(s) thereof in a manner that will render such provision valid without impairing the parties' original intent.
24.3. All notices, consents and other communication of the parties related to this Agreement shall be delivered via email or registered post/courier if SpectroCoin requests such type of delivery.
24.4. SpectroCoin has the right to revoke this Agreement if you do not comply with it, act in a fraudulent or illegal way, and engage in unauthorized transmission or use of personal data.
24.5. We may assign, transfer or subcontract our rights and obligations under this Agreement to another company at any time. If we do this, your rights will not be affected.
24.6. This Agreement is personal to you and you may not assign or otherwise transfer your rights and obligations arising from it.