AGREEMENT
This Agreement is a contract between you and Monopolist Holdings Limited (Unit F, 11/F., CNT Tower, 338 Hennessy Road, Wan Chai, Hong Kong) ("Provider"). This Agreement contains the terms and conditions governing the Crealution Card Program ("Program"), including the Crealution prepaid card ("Card"). By accepting, activating and/or using the Card, you acknowledge that you have read and understand this Agreement and agree to be bound by the terms and conditions contained in this Agreement, including our Privacy Policy. If you do not agree to these terms and conditions, you may not use the Card. The Card may be used on the [...] network (the "Payment Network") to spend funds loaded into your Card Account as set forth below.
The following definitions and instructions apply to this Agreement: "You," "Your," and "Cardholder" means the person who makes the initial request for the Card or purchases the Card and is authorized to use the Card in accordance with the provisions of this Agreement. "We," "us," and "our" means Provider and/or its successors, affiliates, and assigns. "Card Account" means the account associated with your Card in which we account for loads, transactions, fees and other claims associated with your Card. To the extent not inconsistent, words and phrases used in this Agreement shall be construed so that the singular includes the plural and the plural includes the singular.
PROGRAM DETAILS AND SERVICES PROVIDED
The Card is a prepaid card that can be used wherever prepaid debit cards with the Payment Network brand on your Card are accepted worldwide, provided your Card Account balance is available and you comply with the other terms and conditions of this Agreement. The Card is not a gift card. The Card is not a device to access money in an individual checking or savings account. When you use your Card, you are using the value on the Card, not withdrawing money from a checking or savings account. Your Card is NOT a bank deposit account. The expiration date will be printed on the Card, and the Card will expire in accordance with applicable law on the expiration date (if applicable). If your card account is in good standing and there are available funds on the Card, we will issue you a new Card upon expiration. The card is our property and is not transferable. We may revoke or suspend your card or any features or services of your card at any time without cause or notice. You must surrender a revoked Card and may not use an expired or revoked Card. You must notify us immediately if your Card is lost or stolen.
To participate in the Program, you must (a) accept and agree to this Agreement and our Privacy Policy, (b) register on the Program website or in the Program mobile app or complete the appropriate messenger registration, (c) be a citizen of at least 18 years of age, (d) provide us with all necessary and requested information (collectively, "User Information"). You represent and warrant that all information, including User Information, that you provide to us from time to time is true, accurate, current and complete. You agree to promptly notify us of any changes to any User Information.
You are responsible for notifying us on the Website, on the mobile app, or via the appropriate messenger service of any change in your name, physical address, telephone number, mailing address, or email address. Address or name change requests may be subject to additional verification requirements.
We will attempt to contact you only with the most recent contact information you have provided to us. You agree that any notice or communication sent to you at the address listed in our records will be effective unless we receive notification of a change of address from you.
We are not responsible for emails that you do not receive, or for delays in receiving or delivering any email notices. If you provide your email account to any other person, you agree that you are responsible for transmitting your Card Account information to such person in an email sent to that email address.
To help the global community combat terrorist financing and money laundering, requirements and regulations require us to obtain, verify and record information that identifies each person who opens a Card Account. When you open a Card Account, we will ask for user information, including but not limited to your name, address, date of birth, Social Security number, telephone number and other information that will allow us to identify you. We may also ask to see a copy of your driver's license or other identification documents.
After we open your card account, we may ask to see a copy of your driver's license or other identification documents at any time if we deem it necessary to verify your identity, address, or transactions on your card account. If we ask for specific identifying documents, we will have the right to immediately close or suspend your card account if those specific documents are not provided. These measures are specifically designed to help us protect your identity and detect possible fraud on your Card Account.
Provider agrees to ensure the manufacture and delivery of the card within 3 (three) months from the date of application for the card. In case of violation of this condition, the Provider shall refund the money paid for the issue of the card and the annual service fee.
You must activate your Card before you can use it. To activate your Card, you must follow the instructions we provide and provide certain user information so we can verify your identity.
The Fees table located in this Agreement lists the fees applicable to the Program, if any. If you believe that a fee has been erroneously assessed, please contact Customer Service. Unless otherwise provided in this Agreement, we will deduct all fees from your Card Account balance.
Card issuance | 500 USD |
Subsequent issuance of the card | 0 USD |
Maintenance fee/year* | 100 USD |
*Maintenance fee is charged at the moment of card issue, after one year of usage
You are responsible for all authorized transactions and fees incurred as a result of using your Card and Card Account. If you authorize another person to use your Card or Card number, we will treat this as you authorizing such use, and you will be responsible for all transactions and fees incurred by those persons.
Your card is a member of the Payment Network. You may use your card to make purchases wherever merchants accept cards from the Payment Network for debit card purchases, subject to our transaction limits. You must have sufficient funds in your Card Account to make the purchase, and you must have sufficient funds that are not seized. If you don't have enough available funds, the transaction will be declined. Each time you use your card, you authorize us to reduce the amount available in your card account by the amount of the transaction and any applicable fees. You may not use any funds erroneously added to your Card Account. Adjustments may be made to your Card Account to correct an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction credited to your Card Account. However, if the amount of the transaction exceeds the amount of available funds in your Card Account, you will be fully responsible to us for the entire amount of the transaction and any applicable fees. The Card is for personal use only. We may refuse to process any transaction that we believe may violate applicable laws or the terms of this Agreement. If your Card Account has a negative balance, you agree: (a) that we may automatically apply any subsequent deposits into your Card Account to repay the negative balance, and (b) to pay us on demand by personal check, money order or other payment method we permit, the amount of the negative balance.
You may not use your Card for online gambling, escort services or illegal transactions. We may refuse to issue the Card, revoke or suspend your Card privileges, or cancel your Card with or without cause or notice, except as required by applicable requirements and applicable law. You agree not to use or allow others to use an expired, revoked, canceled, suspended, or otherwise invalid Card. For security purposes, we may limit the number or amount of transactions you can make with the Card. You may not stop payment of any purchase or payment transaction made with your Card.
When you use your Card or Card number to initiate a transaction at certain merchant locations, such as hotels, restaurants, gas stations and car rental companies, where the final purchase amount is unknown at the time of authorization, available funds in your Card Account may be seized in an amount equal to or greater than the final transaction amount. Seized funds will not be available to you for any other purpose until the merchant sends us the final amount of the transaction. Once we receive the final transaction amount, it may take some time to release the seizure; under certain circumstances, it may take longer to release the seizure. During this period, you will not have access to the restrained funds.
We reserve the right to block, suspend or cancel your Card as a result of our policies and processes if we discover what we reasonably believe to be fraudulent, suspicious or criminal activity or any activity contrary to this Agreement. We may temporarily suspend or "freeze" your Card Account and attempt to contact you if we notice unusual or suspicious transactions. If we exercise this right, we will not be liable to you for the lack of funds in your Card Account or the inability to use your Card.
The following transaction limits apply to your card account:
- The maximum amount you can spend from your card account is [...] per transaction.
- The maximum amount you can spend from your card account within 1 day is [...].
- The maximum amount you can spend from your Card Account is [...] per month.
To protect your Card Account, we may temporarily impose restrictions on the dollar amount, number and type of transactions made with your card and your Card Account. To the extent permitted by applicable law, we reserve the right to: (a) change transaction limits; (b) limit, block or seize certain types of transfers or transactions; and (c) limit, suspend or block transfers from certain persons, organizations or payment cards.
You can obtain information about the funds remaining in your Card Account by contacting Customer Service.
If you make withdrawals (if your Card allows cash withdrawals or purchases with your Card in a digital currency and/or a currency other than U.S. Dollars), the amount debited from your Card Account will be converted into U.S. Dollars by the Payment Network. The applicable exchange rate will be selected by the Payment Network from the range of rates available in the wholesale foreign exchange markets on the relevant centralized processing date, which may differ from the rate received by the Payment Network itself or from the rate set by local regulators. The exchange rate used on the date of central processing may differ from the rate in effect on the date of your transaction. Provider may charge a conversion fee for each digital and/or foreign currency transaction and will retain that amount as compensation for its services. Current fees for such transactions should be checked with Provider staff and/or customer service.
The terms of this Section apply if the Program also uses a physical card to access your Card Account. If applicable, the expiration date of your physical card is indicated on the face of such card. If your Card Account has a positive balance when your physical card expires and your Card Account is in good standing, we may issue you a new physical card. We may also issue you a new physical card when your card expires, even if your Card Account has no funds. In certain circumstances, we may need to replace your card before it expires at no cost to you. If you have been issued a physical card and need to replace it for any reason, contact Customer Service. You will need to provide certain user information so that we can verify your identity. There may be a fee for a replacement card. Please check with Customer Service for the availability or absence of fees.
Neither the Provider, nor the Payment Network, nor third parties providing services to the Provider or involved in the creation or maintenance of the Program, nor their respective affiliates, employees or agents shall be liable for the delivery, quality, security, legality or any other aspect of goods or services you purchase from others with the Card, or for any damages directly or indirectly arising from the use of the Card. All such disputes shall be handled and resolved directly with the merchant from whom the goods or services were provided.
POLICY AND PROTECTION
Your privacy is very important to us. We may disclose to third parties information about you, your card and card account, and the transactions you make: (a) as necessary to effect, administer or enforce a transaction requested or authorized by you; (b) with your consent; (c) to protect or prevent actual or potential fraud, unauthorized transactions or other liability; (d) to comply with government or court orders; (e) as permitted or required by applicable law or regulation. By participating in the Program, you consent to the collection, use and disclosure of your information as set forth in this Agreement and our Privacy Policy, which is available on our Site.
If we do not electronically transfer funds to or from your Card Account on time or in the correct amount in accordance with this Agreement, we may be liable for your loss or damage. However, there are some exceptions. We will not be liable if: (a) through no fault of ours, there are insufficient funds in your Card Account to complete the transaction; (b) circumstances beyond our control (such as fire, flood, water damage, power outage, strike, labor dispute, computer breakdown, telephone line failure or natural disaster) prevent or delay a transfer despite reasonable precautions taken by us; (c) the system, ATM or point-of-sale terminal was not working properly and you knew of the problem when you initiated the transaction; (d) funds in your card account are subject to litigation or otherwise unavailable for transactions; (e) the merchant refuses to accept your card; (f) if access to your card has been blocked after you reported your card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; or (h) the transaction cannot be completed because your card is damaged.
In case of errors or questions about your account, contact Customer Service as soon as possible if you think there is an error in your account. We must allow you to report the error until 60 days after the earlier of the date of electronic access to your account, if the error can be viewed in your electronic history, or the date we sent the first written history in which the error was discovered. You may request a written history of your transactions at any time by contacting Customer Service. You will need to tell us the relevant information.
We will determine whether an error has occurred within 10 business days of receiving your report and will correct any error immediately. However, if we need more time, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you believe to be in error so that you will be paid within the time we need to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
We will let you know the results within three business days after we complete our investigation. If we decide there was no error, we will send you a written explanation.
You can ask for copies of the documents we used during our investigation.
If you need more information about our error resolution procedures, contact Customer Service.
In addition, the Payment Network may provide you with additional liability protection. For more information about the applicability of these protections, please call Customer Service.
Please tell us immediately if you think your Card has been lost or stolen or if you think an electronic funds transfer has been made without your authorisation. You are solely responsible for such actions, but we will do our best to resolve the situation.
If your Card Account should become inactive, legislation in some jurisdictions may require us to report your Card Account as unclaimed property (if applicable). In this case, we may try to locate you at the address listed in our records. If we are unable to locate you, we may be required to turn over the funds in your card account to the appropriate authority as unclaimed property.
To the extent permitted by applicable law, we may cancel or suspend your Card, your Card Account or this Agreement immediately, for any reason and without notice to you. You may cancel your Card, your Card Account or this Agreement at any time by notifying Customer Service. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to such cancellation or suspension. If your card account is canceled, closed or terminated for any reason, you may request a refund of the unused balance.
GENERAL PROVISIONS
Your consent to electronic signatures. This agreement is subject to our Electronic Communications and Electronic Signatures Policy, which is available on our website. When you enroll in this Program, you have consented to this Policy. Your consent will remain in effect until you revoke it. You may withdraw your consent at any time by contacting Customer Service.
We may contact you about your card account from time to time. By providing us with your cell phone number, email address or other contact information, you expressly authorize us and our affiliates to contact you using the contact information you provide, including through automated dialing, prerecorded messaging or email alerts. You may opt out or otherwise request that we do not contact you using the contact information you provide by contacting customer service. If you withdraw your consent, we reserve the right to close your card account and refund the balance as set forth in this Agreement (in which case you may no longer use your card or participate in the Program, except as expressly provided in this Agreement). Any revocation of your consent to receive Communications electronically or your refusal to receive contacts from us will be effective only after we have had a reasonable period of time to process your revocation and for Communications sent only after the revocation or refusal to receive is effective.
To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card, your Card Account or this Agreement without our prior written consent.
If any provision of this Agreement is held invalid or unenforceable, such provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.
We may amend, delete or modify this Agreement at any time at our discretion. We reserve the right, in accordance with applicable law, to give you notice of changes to the existing terms and conditions or the addition of new terms and conditions by posting an updated version of this Agreement on our website or on the relevant messenger or by sending you notices of changes electronically. We may not notify you in advance if we need to make changes immediately to comply with applicable law or to maintain or restore the security of the Card or any associated payment system. If any such change becomes permanent and disclosure of the change to you would not compromise the security of the Card or any associated payment system, we will notify you.
This Agreement constitutes the entire and only agreement between you and us with respect to the Program and supersedes all prior understandings, agreements or understandings, written or oral, with respect to the Program.
Our business days are Monday through Friday, excluding applicable holidays. Any reference to "days" in this Agreement means calendar days unless otherwise specified.
Not all of the services described in this Agreement may be available to you. We reserve the right, in our sole discretion, to restrict or limit your access to certain Card services. Any offer of service is void where prohibited by law.
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to any principles providing for the application of the laws of another jurisdiction.
Upon our request, you agree to defend, indemnify and hold us and our parents, subsidiaries and other affiliates, and our and their employees, contractors, officers and directors harmless from any claims, actions, damages, expenses, legal fees, fines, penalties, liabilities and expenses (including, without limitation, reasonable attorneys' fees), resulting from your violation of this Agreement, applicable law or third party rights, or from your fraud or willful misconduct We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate in asserting any available defenses.
Except for any express warranties provided in this agreement, we make no representations or warranties of any kind to you and hereby expressly disclaim all warranties, express, implied or statutory, with respect to the Card or relating to or arising from this agreement, including, without limitation, any implied warranties of condition and/or fitness for a particular purpose.
Except as otherwise expressly provided in this Agreement or required by applicable law, we, our affiliates and the parties with whom we contract to provide the Program, Cards, Card Accounts and related services shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages arising from or related in any way to the Program, Cards, Card Accounts, any products or services purchased using the Card Accounts, or n You are not entitled to recover any indirect, consequential, exemplary or special damages (whether by contract, tort or otherwise), even if you have advised us of the possibility of such damages. You agree that your indemnification for any alleged negligence or misconduct on our part will be limited to the total amount loaded on the Card. This provision shall not apply where and when prohibited by law.
With respect to any and all disagreements, disputes, demands, claims or causes of action between you and us (including the interpretation and scope of this section and the arbitrability of disagreements, disputes, demands, claims or causes of action) relating to the Program, the cards, your card accounts or this Agreement (and any related or prior agreement you may have with us), you and we agree to resolve any such disagreement, dispute, demand, claim or cause of action exclusively by binding and by Negotiation will be by telephone or other means of communication and communication.
As used in this section, "we" and "us" means Provider and its subsidiaries, affiliates, predecessors, successors and assigns, and all of its and their respective employees, officers, directors, agents and representatives. In addition, "we" and "us" include any third party providing any product, service or benefit in connection with the Program, the Cards, your Card Accounts or this Agreement (and any related or prior agreement you may have with us) if such third party is named as one party with us in any dispute, controversy, demand, claim or cause of action covered by this Section.
All disputes and disagreements that cannot be resolved through negotiation will be resolved in the appropriate courts in the Provider's location.
You should read this provision carefully. To the extent permitted by applicable law, you waive your right to go to court to assert or defend your rights.