Terms of Service

Last update: 19 APR 2023

1.

Preambule

  • 1.1.

    This document (hereinafter — the Terms and Conditions) contains the principal provisions pertaining to the operation of the Bingcard and working in this System.

  • 1.2.

    These Terms and Conditions are the Administrator’s official public offer intended for eligible parties regarding the opportunity to use the System and its Services.

  • 1.3.

    Pertaining to any and all matters not provided for in the Terms and Conditions, the Administrator may regulate such matters on the basis of its Internal Policies providing information regarding such Internal Policies on the Website. Acceptance of these Terms and Conditions means Customer’s consent with all provisions of both the Terms and Conditions and Internal Policies.

  • 1.4.

    The content of the Website is provided on an “as is” basis for information purposes only. The Administrator shall not make any guarantees, representations or warranties both express or implied, that the content of the Website is accurate, up-to-date, and complete and/or can be used as a basis for any action or inaction.

  • 1.5.

    Unless the context otherwise demands, words importing any gender shall be interpreted to mean any or all genders.

2.

Definitions of terms

  • 2.1.

    Account shall mean the virtual profile of a Customer in the System registered in accordance with these Terms and Conditions and Internal Policies. Unless otherwise specified, the Account shall mean Personal Account.

  • 2.2.

    Administrator’s Contact Details shall mean the following addresses from the Administrator's side:

  • 2.3.

    Applicant shall mean either an individual willing to create an Account and submitting the registration application via the System.

  • 2.4.

    Authorization Details shall mean a combination of the Login and Password.

  • 2.5.

    Authorization shall mean the process of authenticating a person by the Login and Password.

  • 2.6.

    Chargeback shall mean the procedure of cancelling a bank card payment initiated by the cardholder through their bank.

  • 2.7.

    Contact Details shall mean email address and mobile number entered by a Customer into the System.

  • 2.8.

    Customer shall mean an individual being an Account holder, who has completed the Registration and has a right to use the System in accordance with the Terms and Conditions and Internal Policies.

  • 2.9.

    Dormant Account shall mean the Account in which the Customer has not log for one year or more.

  • 2.10.

    Fees shall mean remuneration charged by the Administrator for the System Services provided to a Customer.

  • 2.11.

    Funds shall mean electronic money that is owned by a Customer and accounted for as funds in this Customer’s Wallet.

  • 2.12.

    Internal Policies shall mean the Administrator’s internal documents that govern operation of the System, including the AML Policy and Personal Data Protection Policy published on the Website.

  • 2.13.

    Login shall mean a Customer’s email address or an alphanumeric combination specified by a Customer.

  • 2.14.

    Parties shall mean the Administrator and a Customer.

  • 2.15.

    Password shall mean an alphanumeric combination specified by a Customer during the Registration used together with Login to access the Account.

  • 2.16.

    Payment Order shall mean an instruction requesting the execution of a Transaction given by a Customer in an electronic form through the System.

  • 2.17.

    Payment shall mean Funds accounted for as funds in a Wallet and transferred from a Customer to a third party or from a third party to a Customer.

  • 2.18.

    Personal Account shall mean the Account created by an individual.

  • 2.19.

    Prohibited Activities shall mean activities characterized by one or more of the following qualities: constitute criminal offense in a Customer’s country ofresidence; are connected with sales of goods, works or services distribution (GWS) prohibited for sale in a Customer’s country of residence; are prohibited under the applicable laws; are connected with sales of any GWS (any and all transactions) referred to in Appendix 1 to the Terms and Conditions; contradict the accepted universal standards of ethics and morality.

3.

General Provisions

  • 3.1.

    To become a Customer and use the System Services, an Applicant has to create the Account in accordance with the procedures stated in the Section 4.

  • 3.2.

    The Customer has a right to receive the information about the System Services provided by the Administrator, about these Terms and Conditions and Internal Policies, to obtain access to the System Services in accordance with a Customer’s Status and any other restrictions described by the present Terms and Conditions and the Internal Policies.

  • 3.3.

    The Customer may receive technical and informational support in relation to the use of the System Services.

4.

Registration, Verification and Accepting Terms and Conditions

  • 4.1.

    The Applicant willing to create the Account shall complete the Registration: to fill out the registration forms on the Website, to provide the registration details and to accept these Terms and Conditions by clicking the “Register” button.

  • 4.2.

    Once the Applicant accepts these Terms and Conditions, it shall be deemed a bilateral agreement of the Parties.

  • 4.3.

    During the Registration the Applicant shall provide the following registration details to the Administrator:

    An individual:

    • Name;
    • Surname;
    • Email address;
    • Password.
  • 4.4.

    By accepting the present Terms and Conditions, the Applicant declare that he/she is acting on his own behalf only and not acting on behalf or in the interest of third parties.

  • 4.5.

    When undergoing the Verification in order to gain the full access to the System Services, available to the Verified Accounts, the Customer shall provide the following data to the Administrator:

    • 4.5.1.

      An individual shall provide the Administrator with:

      • An image of a valid ID document issued by an authorised state body, containing a unique identification number and Customer’s photo;
      • Customer’s mobile phone number;
      • Liveness check;
      • Proof of address;
      • The Internal Policies may require the Customer to disclose information on the purpose of the Account creation, source of wealth, occupation and name of employer;
      • To identify the Customer and manage fraud, the Administrator may demand that the Customer undergoes authentication with the use of videoconference, including the use of the third-party services.
  • 4.6.

    To verify the phone number indicated by the Customer in the System, the Administrator shall send an automatically generated one-time password to the indicated phone number that should be entered at the Website.

  • 4.7.

    If the data subject to clause 4.5.1. is not provided or proved to be unreliable, incomplete, outdated in full or in part, the Verification shall be deemed failed.

  • 4.8.

    The Verification usually shall be performed within 24 hours after the Customer has provided the requested data. The Verification may exceed the period of 24 hours, in case the Administrator has a reasonable ground to perform the enhanced due diligence.

  • 4.9.

    The Verification shall be deemed completed at the moment the Customer receives the confirmation from the Administrator via the email or via the phone number provided by the Customer in the System at the choice of the Customer. Once the Verification is completed, the Customer may use the full scope of the System Services available for the Verified Accounts.

  • 4.10.

    The Customer shall notify the Administrator about any changes in the data provided for the Verification in a timely manner and provide up-to-date data as soon as reasonably possible.

  • 4.11.

    The Customer shall notify the Administrator about any changes in the data provided for the Verification in a timely manner and provide up-to-date data as soon as reasonably possible.

  • 4.12.

    The Administrator may ask the Customer at any time and at its discretion to confirm that the documents and data provided by the Customer are accurate, complete and up-to-date and/or to provide additional supporting documents and/or data. within 14 days.

  • 4.13.

    If the Customer fails to provide requested documents and/or data within the period provided for by clause 4.11., the Administrator may:

    • cancel the Account Verification;
    • Apply Suspension of Account.

5.

Account

  • 5.1.

    Once the Applicant completes the Registration, the Account is created, and the Applicant becomes a Customer.

  • 5.2.

    The Customer may create separate Wallets for the different currencies available for use. All Funds transferred to the Customer’s Account are stored in the Wallets in corresponding currencies.

  • 5.3.

    Funds can be kept in a Wallet for an indefinite period of time except for the cases provided for by Section 14 for the unclaimed funds, and no interest is charged or incurred for any Funds kept in a Wallet.

  • 5.4.

    Certain limits may be applicable to a Wallet in respect to deposit of Funds, payments and withdrawals of Funds, depending on the Customer’s Status, Type of Wallet, and other factors that the Administrator may take into account. These limitations are determined in accordance with these Terms and Conditions and are available at the Website.

  • 5.5.

    The Customer may create a Personal Account. The description of special features of Personal Accounts are available on the Website.

  • 5.6.

    To create the Account, an individual must be 18 years or older, acting in full capacity in accordance with his national laws. By creating the Personal Account, the Customer declares that he has reached the age of 18, the Administrator may demand that the Customer files a confirmation of his age at any time.

  • 5.7.

    Accounts may not be created for citizens from countries that are not on the list of Supported countries.

  • 5.8.

    The Customer may create an Account only if this does not contradict to the provisions of the laws of the country of his permanent residence or Customer’s registration. By creating the Account, the Customer declares and guarantees to the Administrator that opening of such an Account by the Customer does not violate any laws or regulations applicable to the Customer. The Customer shall compensate the Administrator an amount of all losses incurred by the Administrator if the Customer violates provisions of this clause.

  • 5.9.

    The information on a Customer’s Transactions with the Funds and use of his Wallet is recorded and kept by the Administrator for the duration of the effective term of these Terms and Conditions and for a period of 5 (five) years after these Terms and Conditions are terminated and the Account is closed.

  • 5.10.

    By making the new Transaction resulting in the change of balance of Funds in the Wallet, the Customer confirms the Wallet balance. The Customer’s confirmation is expressed by clicking the appropriate button confirming the new Payment order.

  • 5.11.

    An access to the Wallet and any Transactions involving the use of the Wallet are only available upon the Authorization.

  • 5.12.

    A login is generated by the System by default from email indicated by the Customer upon Registration or changed upon Customer’s request sent to the Customer Support. The password shall be generated by the Customer independently. The login and password shall be used for Authorisation and can be changed at any time.

  • 5.13.

    The Customer is responsible for keeping the Authorization Details confidential. Any actions related to an Account performed with the use of the valid Authorization Details shall be considered to be as actions performed by the Customer.

  • 5.14.

    In case the Customer fails to enter the Authorization Details 3 times, the Account shall be suspended. To recover the access to his Wallet, the Customer shall contact the Customer Support.

  • 5.15.

    In case the Customer loses the Authorization Details, the Customer shall contact the Customer Support and request to recover the access to his Wallet.

  • 5.16.

    In order to recover the access to the Personal Account:

  • 5.17.

    The Customer requests the link to be sent to the email provided by the Customer in the System;

  • 5.18.

    In case the Customer has verified the mobile number, the Customer receives a digital code via SMS and enters the received code at the website available by the link sent to the Customer’s email indicated by the Customer in the System;

  • 5.19.

    The Customer may close the Wallet at any time by contacting the Customer Service. Closing the particular Wallet does not lead to the Account closure.

  • 5.20.

    The Customer is restricted from registering multiple Accounts. Otherwise, the Administrator shall have the right to automatically mark such accounts as fraudulent and suspend the provision of the System Services of all such Accounts.

6.

Transactions

  • 6.1.

    The Customer may deposit to and/or withdraw of the Funds from his Wallet by logging into his Account on the Website and following the relevant instructions for the Wallet deposit and the withdrawal. The ways of the Wallet deposit may vary depending on the location of the Customer. The currently available methods of the deposit and the withdrawal are available at the Website.

  • 6.2.

    Wallet deposit and the withdrawal of the Funds are the payment services provided by third parties; therefore, they are not a part of the System Services.

  • 6.3.

    The deposit to and/or the withdrawal of the Funds from the Wallet is carried out in accordance with the procedure set forth in the Terms and Conditions, Internal Policies, policies of third parties that provide services, and applicable law.

  • 6.4.

    The Administrator may restrict the range of the Wallet deposit and the withdrawal methods for certain categories of Customers depending on the degree of risk of the activity and / or transactions of the Customer. Specific restrictions are available on the Website.

  • 6.5.

    When a Wallet is deposit by third parties, all rights and responsibilities pertaining to the Funds credited to such Wallet shall be the Customer’s. Such transactions made by the third parties are considered by the Parties as activities by a third party on Customer’s behalf and for Customer’s benefit.

  • 6.6.

    The Administrator sets the limits for the Wallet deposit for the security reasons. The Customer may view the limits in the Customer’s Account profile upon choice of one of the deposit methods available.

  • 6.7.

    Additional fees may be charged by the third parties for the Wallet deposit or the withdrawal, depending on the method of the deposit or the withdrawal.

  • 6.8.

    A Transactionis carried out on the basis of a Customer’s Payment Order electronically with the use of the Wallet.

  • 6.9.

    When the Administrator receives a Payment Order to transfer Funds from the Customer’s Wallet, the Administrator identifies the Customer using the Authorization Details. In some cases, the Administrator may demand that additional identification procedures should be completed before a Payment Order is fulfilled.

  • 6.10.

    All the Transactions carried out with the use of the Authorization Details of the Customer shall be considered as Transactions carried out by the Customer unless the Administrator is notified on the unauthorized or fraudulent use of the Account in accordance with the clause 3.4.5.

  • 6.11.

    The Transaction not exceeding the applicable limits set for the Wallets shall be performed without undue delay not later than 24 hours after the Payment Order is received by the Administrator. The timing of a Transaction that depends on third-party financial services is determined in accordance with the policies of such third parties. The Administrator shall not be liable for the delay caused by the fault of the third parties.

  • 6.12.

    The Administrator may send the notifications to the Customer via email address indicated by the Customer in the System on the Transactions executed with the use of the Account by default. The Customer may disable the notifications in the Account on the Website.

  • 6.13.

    The Administrator may restrict the list of payees of the Funds for certain categories of the Customers depending on the degree of risk of the activity and / or transactions of the Customer. Specific restrictions are available on the Website.

  • 6.14.

    Existing limits on the amount of the balance of Funds in the Wallet and amount of payments applicable to different statuses of Accounts and categories of Customers, depending on the level of risk associated with Customer’s activities, and/or transactions are available on the Website.

  • 6.15.

    The Customer may choose a method for a withdrawal by creating a request for a withdrawal of the Funds from his Wallet. During a withdrawal of the Funds, the Customer may be requested to undergo the Verification. For the withdrawal of Funds, an amount of Funds on a Customer’s Wallet should be sufficient to cover the Fees for the withdrawal of Funds.

  • 6.16.

    To deposit the Wallet with the use of a bank card, the Administrator may request the Customer to undergo the verification procedure “Know Your Customer” in accordance with the AML Policy.

  • 6.17.

    If the Customer successfully undergoes the Verification and the Funds are credited from the Customer’s bank card to the Wallet, the card transaction is non-refundable. If the Customer does not complete the identification procedure, the card transaction is refunded automatically. The refund to a bank cardmay take up to 14 business days depending on the Customer’s bank's policies.

  • 6.18.

    The Customer shall be entitled to exchange the currency contained in his Account for the other available currency within the System at the exchanged rates indicated in the System. The list of currencies is available on the Website.

  • 6.19.

    The Customer shall be entitled to transfer the Funds between his Wallets within his Account or to the Wallets of other customers’ Accounts within the System.

  • 6.20.

    The Customer may download the electronic reporting documents on the executed transactions for any period of time at his own discretion in his Account free of charge.

  • 6.21.

    All Transactions executed by the Customer using the System are final and are not subject to disputes, revisions or cancellations, with the exception of Wallet deposit Transactions performed using the external systems that have been classified as fraudulent.

7.

Bingcard

  • 7.1.

    The Bingcard is optional and may be available in physical and virtual versions. The Bingcard is issued by third party (“Issuer”), not by Bingcard. In order to obtain the Bingcard, you may be asked to provide additional information in order for Bingcard and the Issuer to prevent money laundering, fraud and other risks. Your use of the Bingcard is also subject to a separate agreement between you and the Issuer (the “Cardholder Agreement”). You shall comply with the terms of the Cardholder Agreement. You consent to Bingcard obtaining and sending information concerning Bingcard to, from and among you, Bingcard and the Issuer.

  • 7.2.

    Administrator's role with respect to the Bingcard is to serve as a conduit of information to, from and among Customer, the Issuer and Administrator. Transactions made with the Bingcard will be listed on the Account. Certain other information about Bingcard may also be available on the Account, including the Bingcard balance and the transaction history.

  • 7.3.

    As and when Customer uses Bingcard, Customer hereby authorizes Administrator to deduct the value of each such Bingcard transaction and any related fees or taxes, if any, from available Canadian dollar balance.

  • 7.4.

    Where the Account does not hold sufficient Canadian dollars, the Bingcard transaction shall not go through. If, in a rare occurrence, the Bingcard transaction should go through when Customer does not have the sufficient Canadian dollar balance, Customer hereby authorizes Administrator to purchase from Customer the amount of virtual currency that is equivalent to the Canadian dollar value of the Bingcard transaction.

  • 7.5.

    The virtual currency will be purchased from Customer at the then applicable price posted on the Account, to cover the cost of your Bingcard transaction, plus any related fees or any of Customer's liability hereunder. If Account lacks sufficient virtual currency to cover such a Bingcard transaction, Customer shall immediately settle the amount of the shortfall, plus any related fees or any of your liability hereunder, without demand or delay.

  • 7.6.

    If Customer completes a Bingcard transaction in a foreign currency, Customer agrees that it will be charged a foreign transaction fee, as indicated in the Cardholder Agreement and /or the Website. All foreign currencies will be converted to Canadian dollars.

  • 7.7.

    Customer is liable for all transactions initiated using its Bingcard.

  • 7.8.

    Without limitation, in the event that Administrator becomes liable to the Issuer for any transaction or other liability arising from or related to Customer`s Bingcard, Customer shall indemnify and hold Administrator harmless for such amounts.

  • 7.9.

    If Customer loses Bingcard or have a reason to believe that someone has or may attempt to make an unauthorized transaction with Bingcard, Customer must IMMEDIATELY cancel its Bingcard by support@bingcard.com

  • 7.10.

    The cancellation, suspension or freezing of Bingcard may take time to come into effect and Customer shall remain liable for transactions occurring on its Bingcard during such time. If the Bingcard is cancelled, suspended or frozen for any reason, the values loaded to Bingcard will be available in Account less any liabilities Customer may have to Administrator or the Issuer.

  • 7.11.

    Thе Customer may not use the Bingcard for any illegal purpose. Administrator reserves the right to instruct the Issuer to suspend transactions on Bingcard Card, cancel, suspend or freeze your Bingcard or otherwise limit the size or type of transactions available through the Bingcard.

8.

Rates and Procedures for Charging Fees

  • 8.1.

    The Administrator shall charge the Fees for the Services provided to the Customer.

  • 8.2.

    The amount and procedures for charging the Fees are available on the Website in the “Rates” section.

  • 8.3.

    The Administrator may unilaterally change the Fees rates. Such changes and amendments shall come into effect from the day that such changes and amendments are published on the Website.

  • 8.4.

    All Fees are calculated in the currency of Transaction and rounded off to the nearest whole cents.

  • 8.5.

    The System Services provided to the Customer by the Administrator are not subject to VAT or any other turnover taxes.

  • 8.6.

    All the applicable Fees are charged from the Customer’s Wallet by the Administrator upon the completion of a Transaction subject to the Fees, or at the moment when the Administrator has substantiated grounds to charge the applicable Fees.

  • 8.7.

    If the current balance on the Wallet is not sufficient to charge the applicable Fees, the Administrator may reject the Transaction and request the Customer to pay the applicable Fees.

9.

Personal Data

  • 9.1.

    Privacy Notice applicable for the Applicants and the Customers is available on the Website as a separate document.

10.

Liability

  • 10.1.

    In the event of failure to comply and/or improper fulfilment of the obligations under these Terms and Conditions, the Parties shall be responsible in accordance with the provisions of these Terms and Conditions, the Internal Policies, and the applicable laws.

  • 10.2.

    If the Customer delays the fulfilment of any obligation in the monetary form as set forth in these Terms and Conditions, the Customer shall pay to the Administrator a penalty fine in the amount of 0.1% (one tenth of a percentage point) of the amount of such delayed funds to be transferred to the Administrator for every day of such delay. The Customer shall pay to the Administrator the penalty fine as specified in this clause of the Terms and Conditions within 3 (three) business days after the date the Customer receives a relevant request from the Administrator in writing or electronically. The Administrator has the right, but not the obligation to send a penalty fine payment request.

  • 10.3.

    The Customer shall repay to the Administrator the damages incurred as a result of any damages charged from the Administrator due to the Customer’s violations of the applicable laws when using the System on condition that the Administrator can provide the relevant documents that confirm the amount of the damages incurred by the Administrator.

  • 10.4.

    The Customer shall be responsible for all Transactions accounted for in the Wallet, including any Transactions with the use of bank payment cards. These Transactions shall also include the Transactions executed by the third parties that have access to the Customer’s Wallet.

  • 10.5.

    The Customer shall take full responsibility to get acknowledged with the current legislation of the Customer’s residence, regulating the Account opening and money transfer Transactions via the System. The Administrator shall not be liable for any breach of the national laws by the Customer resulted by the use of the System. If a Customer’s use of the System and Services contradicts the laws of this Customer’s jurisdiction, such Customer should immediately stop using the Services.

  • 10.6.

    The Customer shall take full responsibility for all the risks related to the use of the Internet during a Customer’s interaction with the Administrator, other Customers and third parties.

  • 10.7.

    The Customer shall not undertake any activity that misleads other parties about services offered by the Administrator, which can directly or indirectly damage the Administrator’s reputation, including but not limited to impersonating themselves as representatives of the Administrator in any way or context, providing false data related to the System including but not limited to falsifying transaction IDs, wallet IDs and any other data. as text, screenshots, or any other media, creating clones of the Administrator’s website, and other similar activities. In case of violation the Administrator reserves the right to suspend the Customer’s Accounts, freeze funds for the period of investigation, and limit the usage of the System in other ways. The Administrator also reserves the right to pursue legal action in courts of applicable jurisdiction, including cases when this rule is violated by other parties that are not the Customers of the Administrator.

  • 10.8.

    The Customer shall protect the Administrator’s interests, reimburse the Administrator’s losses and pay compensations to the Administrator as well as indemnify the Administrator and his affiliates against any claims or damages, costs or expenses (including expenses for legal support, penalties or forfeits) resulting from violation by the Customer of these Terms and Conditions or any applicable laws or regulations and (or) use of the System. This provision shall survive termination of relations between the Parties.

  • 10.9.

    If, through the Customer’s fault, a completed Payment serves as a ground for a payer to file a claim to the Administrator for protection of his violated right, the Administrator may demand that the recipient of the Funds reimburses losses resulting from collection of funds or other property from the Administrator to the benefit of the payer.

11.

Disclaimer

  • 11.1.

    The Administrator shall have no responsibility to the Customer in the event of:

    • The Customer transfers his data to any third parties, deliberate provision of access to his Wallet in the System, or any other violation of the confidentiality of a Customer’s information caused by the Customer’s fault;
    • Illegal activities of any third parties, including those related to the use of the Customer’s registration data and a Customer’s email or the Authorization Details;
    • Presence of any viruses or any other malicious software in the hardware and software used by the Customer to access the System;
    • Any disputes pertaining to any transactions between the Customers made via the System;
    • For violation of the current legislation by the Customer in relation to the use of the System as well as for the complaints pertaining to the Customer from tax, regulation, and law enforcement authorities regarding any reporting documentation or taxation in relation to the Customer’s transactions involving the System;
    • If the Customer does not have access to software or hardware that ensure the use of the System;
    • If the Customer cannot be reached by using the Contact Details filed thereby, particularly, due to the reason that the Customer filed unreliable data or fails to update such data in a timely manner;
    • For any payment services provided to the Customer by third parties;
    • For any actions taken by third parties whose websites the Customer visited following a link or information provided on the Website;
    • For temporary inoperability of the System, malfunctioning and errors in the operation of hardware or software (including disconnection or damage of electricity supply and communication networks, software malfunctioning, interruption of mail services, Internet provider’s, payment system operations, disruption in other lines, channels and(or) networks that are provided, offered or serviced by third parties, etc.), occurred not through the Administrator’s fault; in this case, the Administrator shall not bear responsibility for Customer’s possible losses.
  • 11.2.

    In the event of the loss of the Authorization Details, the System’s locking a Wallet, a Customer’s loss of the Password, Suspension of Account, or other events that cannot be remedied without Verification, the Administrator shall have no responsibility if the access to the Account cannot be recovered because the Customer is lacking access to his email, mobile number, or the inability to make actions in accordance with the provisions of clauses 5.19., 5.20. of the Terms and Conditions.

  • 11.3.

    The Administrator shall not be responsible for any damages and losses incurred by a Customer or by any third party as a result of:

    • Suspension of Account in accordance with these Terms and Conditions or the requirements of the law;
    • Failure to pass the Verification;
    • Incorrect completion of Payment Orders to carry out the Transactions or completion by mistake;
    • Violation by the Customer of the established procedure for making Payments;
    • Administrator’s or third parties’ compliance with the legislative or regulative requirements;
    • Failure to read the up-to-date version of the Terms and Conditions or the Internal Policies and other information published at the Website;
    • Impossibility to use a desired payment method at the Customer’s location;
    • Violation by the Customer of these Terms and Conditions or Internal Policies, as well as the Administrator’s instructions and guidelines.
  • 11.4.

    In any event, the Administrator’s responsibility to a Customer shall always be limited to the amount that does not exceed the amount of the Fees charged to such Customer for a period of the previous 3 months.

  • 11.5.

    The Administrator shall not be responsible for any indirect or consequential damages incurred by the Customer or any third parties, including any loss of profit, loss (forfeit, non-receipt, unsubstantiated spending) of revenue, income, contracts, customers, time, data, enterprise, or reputation.

  • 11.6.

    The Administrator shall provide to the Customer Services “as is” as at the moment, without any express, implied or statutory representations or guarantees.

12.

Communication Between The Parties

  • 12.1.

    The Administrator shall use the Contact Details as mean of communication with the Customer.

  • 12.2.

    Communication between the Customer and the Administrator is carried out in English.

  • 12.3.

    The Customer may contact the Administrator at any time using the Customer Support chat available on the Website, or by the email support@bingcard.com

  • 12.4.

    The Administrator may inform the Customer on the changes in the Services provided either by sending the email notifications or by posting the updates on the Website.

  • 12.5.

    The document flow between the Customer and Administrator shall be in electronic form via the Account. Moreover, the use of the Authorisation Details by the Customer shall be deemed by the Parties due and sufficient method of the Customer Authentication for the purposes of the document flow as well as for confirmation of authenticity and integrity of the provided electronic document, except for the cases provided for by the Terms and Conditions or the Internal Policies. Entering the Customer’s Authenticated Data shall be deemed by the Parties equal to the Customer’s handwritten signature.

13.

Suspension of Account

  • 13.1.

    The Administrator, at its discretion, has a right to unilaterally and without a prior notification of the Customer apply Suspension of Account in the following events:

    • Objectively justified reasons relating to the security of the Account;
    • Suspicion of unauthorized or fraudulent use of the Account;
    • The activities of the Customer are deemed suspicious or controversial to the Terms and Conditions, other agreements concluded between the Customer and the Administrator, Internal Policies or the requirements of current legislation;
    • Requirement by a court order or command by a regulatory authority or by any applicable laws and regulations;
    • The Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
    • the Customer fails to confirm that his documents and data are accurate, complete and up-to-date and/or provide additional documents or data upon request of the Administrator in accordance with the clause 4.1.;
    • the Customer created multiple Accounts in violation of the clause 5.23;
    • the Customer’s Account is Dormant Account;
    • Actions of the Customer can harm reputation of the Administrator or might cause losses or other negative consequences to the Administrator.-
  • 13.2.

    If the Account holds a balance at the time of its suspension, the Customer shall withdraw the funds within a reasonable period of time deducting the applicable fees.

  • 13.3.

    The Administrator shall notify the Customer via email address indicated by the Customer in the System of the Suspension of Account unless notifying the Customer would be unlawful or the Administrator is at risk of a security threat.

  • 13.4.

    The Administrator shall lift the Suspension of Account as soon as practicable after the reasons for such suspension have ceased to exist.

  • 13.5.

    Suspension of Account or termination of the Terms and Conditions does not exempt the Customer from the execution of all responsibilities to the Administrator which have arisen till the suspension.

  • 13.6.

    Administrator shall not be liable to the Customer for Suspension of Account.

  • 13.7.

    The Administrator shall reserve the right to keep and use the transaction data or other information related to such suspended Accounts.

14.

Term and Termination

  • 14.1.

    Indefinite Term. These Terms and Conditions is concluded for an indefinite term and shall be in effect until terminated in accordance with the provisions stated below.

  • 14.2.

    The Customer is entitled to terminate relations, including concluded agreements with the Administrator by deleting the Account at his discretion at any time if the Customer does not have any unfulfilled obligations to the Administrator. The Account can be deleted in the relevant section of the Customer’s virtual profile.

  • 14.3.

    After the Customer initiates deletion of the Account, the execution of the Transactions with the use of the Account shall be impossible. Any monetary obligations of the Parties created prior to the date of deletion of the Account shall retain until they are fully executed.

  • 14.4.

    Administrator may unilaterally terminate these Terms and Conditions, sending the written notification to the Customer no later than two months in advance.

  • 14.5.

    The Administrator shall have the right to terminate these Terms and Conditions and delete the Account without prior notification in the following events:

    • In case the Customer objects to the amendments of the Terms and Conditions by the Customer the Terms and Conditions shall be terminated on the date the amendments enter into force;
    • At the expiry of the period for three years from the date of the Suspension of Account.
  • 14.6.

    In case any funds remain on the Account of the Customer with whom the Terms and Conditions are terminated, the Customer shall withdraw the remaining funds within a reasonable period of time deducting the applicable fees by indicating the payment details to the Administrator.

  • 14.7.

    Should the Account be terminated (deleted), the account and transactional information that meet data retention standards will be securely stored for 5 years in accordance with the requirements of the law.

15.

Unclaimed Funds

  • 15.1.

    Any unclaimed funds will be held by the Administrator for a period of 3 years from the date of the Suspension of Account and\or termination of the Account, at the expiry of which time, the Customer will be deemed to have waived any claim in respect of such funds. The Customer hereby agree that upon expiry of such period, the Administrator will be relieved of any further obligation to pay those unclaimed funds to the Customer.

16.

Amendments

  • 16.1.

    The Administrator may unilaterally amend these Terms and Conditions by publishing the updated text on the Website.

  • 16.2.

    The Administrator shall notify the Customer on the upcoming amendments to these Terms and Conditions by posting an informational message inside the Client's Account no later than 2 (two) months before such amendments come into force. The Customer shall either accept or reject the amendments before the date of their proposed date of entry into force. The Customer shall notify the Administrator on objection to the amendments via contacting the Customer Support. In case the Customer objects to the amendements, the Terms and Conditions shall be terminated on the date the amendments enter into force.

  • 16.3.

    The amendments come in force since the amended version of the Terms and Conditions is published on the Website or on the date the corresponding amended version enters into force if it is directly stated on the Website.

  • 16.4.

    The use of the Services by the Customer shall be considered as the unconditional acceptance of the updated Terms and Conditions.

  • 16.5.

    Any appendixes to the Terms and Conditions shall constitute the integral part of these Terms and Conditions.

  • 16.6.

    Without limitations to the provisions stated in the present Section 13, the period stated in the clause 14.2. does not cover the notification timeframe to any amendments of the Fees applicable to the Services provided by the Company. The Fees changes may be applied immediately and without prior notice.

17.

Force Majeure

  • 17.1.

    The Parties shall not be responsible for any delays in the performance or non-performance of the obligations, any expenses, including losses, and costs related to complaints by any third parties that may result from any due to any acts of God, acts of civil or military authorities, civil disturbances, strikes or other labour disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network Provider services, acts or omissions of a third party, infiltration or disruption of the services by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the Services (each a “Force Majeure Event”). The Party experiencing the impact of any Force Majeure Event shall notify the other Party within 10 days after the commencement of such Force Majeure Event.

  • 17.2.

    The provisions of clause 16.1. shall not limit or terminate the Customer’s obligations pertaining to making the returning Payments, as well as payment of any fines, penalties, fees, Commissions, returning any goods, or (not) performing any works or services after the Force Majeure is over.

18.

Miscellaneous

  • 18.1.

    These Terms and Conditions and the relations between the Administrator and the Customer arising from them are governed by the laws of UAE.

  • 18.2.

    All the disputes between the Parties arising from these Terms and Conditions shall be settled through negotiations. The basis for negotiations shall be either Party’s submitting a written complaint to the other Party. All Complaints and claims shall be reviewed within thirty days of their receipt.

  • 18.3.

    In case a dispute cannot be resolved by negotiations within the specified period of time, either Party may apply to a court. The courts of UAE shall have the jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions.

  • 18.4.

    The choice of law and jurisdiction in the clause 16.3. does not affect the mandatory rights of the Customer under the laws of the country of his residence.

  • 18.5.

    A Customer shall not transfer any rights or obligations under these Terms and Conditions to any third party without the prior written consent given by the Administrator.

  • 18.6.

    If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

  • 18.7.

    These Terms and Conditions enter info force since the Applicant clicks the “Register” button during the Registration process.

  • 18.8.

    The Customer acknowledges and confirms that all the provisions of the Terms and Conditions are clear, and that the Customer agrees with the Internal Policies available on the Website, accepts them unconditionally and shall comply with its provisions and requirements.

    APPENDIX 1 TO SYSTEM TERMS AND CONDITIONS

    Goods, Works, and Services Prohibited for Sale via the System:

    • ●

      Weapons, arms, ammunition and defence products, guns, replicas of firearms or cold steel weapons.

    • ●

      Drugs, drug-like substances and plants (including marijuana/cannabis), as well as their ingredients, or any substances for their production, as well as descriptions of methods for producing such substances.

    • ●

      Medical drugs and medications dispensed on prescription only, as well as raw materials or instructions for their production.

    • ●

      State awards or distinguishing badges.

    • ●

      Identification documents and government issued documents (including falsified documents), and everything connected with creating or obtaining false identification documents or counterfeit government issued documents.

    • ●

      Government agencies’ uniforms.

    • ●

      Specialty items related to the police and law enforcement agencies.

    • ●

      Electronic equipment prohibited for use in this country or region.

    • ●

      Devices used for hacking and tampering with locks.

    • ●

      Information containing personal data or data suitable for undertaking illegal activities (spam emails, etc.).

    • ●

      GWS or information containing state, banking, or trade secrets.

    • ●

      GWS whose sale violates any third parties’ copyright and/or related rights, trademark rights, or patents.

    • ●

      Information that violates a person’s privacy, infringing upon the honour, dignity and business reputation of individuals and legal entities.

    • ●

      Information transmitted exclusively virtually and not recorded on any material carrier (ideas, methods, principles, etc.).

    • ●

      Archaeological heritage items.

    • ●

      Precious metals.

    • ●

      Items or services that violate the norms of public morality (including, but not limited to, child pornography, Nazi memorabilia items, escort services, prostitution, and adult).

    • ●

      Any items with available initially but removed serial numbers.

    • ●

      Internet gambling.

    • ●

      Malicious software.

    • ●

      Goods or services directly or indirectly compelling illegal actions (promoting social, racial, religious, or ethnic strife; discrimination, violence, hatred, revenge, harassment; containing propaganda of terror or physical harm).

    • ●

      Perishable goods.

    • ●

      Fake or counterfeit goods.

    • ●

      Items and equipment intended for use (including illegal transfer) of copyright protected items without the permission of the authors (including, but not limited to, components designed to remove copyright protection or regional restrictions, or software elements of electronic devices).

    • ●

      Dangerous goods (including, but not limited to, those that contain explosive, toxic, poisonous, and/or radioactive materials).

    • ●

      Information about the production of explosive, pyrotechnic, incendiary, and other similar substances and devices.

    • ●

      Human organs and human remains.

    • ●

      Goods or services that have no value in use.

    • ●

      Services of auctions or trading systems that allow carrying out activities excluding transfer of GWS that have value in use.

    • ●

      Financial or payment instruments whose accounting systems do not ensure proper identification of the owner for the purpose of combating illegal trade, financial fraud, and money laundering of funds obtained by illegal means.

    • ●

      Asset management and investment services provided by unlicensed businesses, as well as any intermediary activity that facilitates the transfer of funds between the parties entering into a transaction forbidden herein.

    • ●

      Items of artistic and historical value that constitute a country’s cultural values.

    • ●

      Services of organizers and operators of lotteries, betting, casinos and any other types of gambling.

    • ●

      Services of advertising (promoting) goods, works and services specified in items 1-33 of this list.

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