Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.trucard.io website and the TruCard App mobile application (the “Service”) operated by TruCard (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
1. About TruCard
1.1 TruCard may from time to time and without first letting you know:
1.1.1 may make such changes to the content of the app, our website or the products or services offered as we consider appropriate from time to time;
1.1.2 withdraw such services and products as TruCard considers appropriate from time to time;
1.1.3 terminate your access or use of our products and services for any breach of these terms or conditions or for any breach of law or regulation or for any reason TruCard considers appropriate in order to comply with the law or regulations. TruCard reserves the right to use various procedures to verify and individual’s identity, your source of funds and source of wealth as well as authenticating each transaction.
1.1.4 we are under no obligation to continue doing business with and individual or entity. Accepting a business relationship is at our sole discretion.
2. Scope of these Terms and Conditions
3. Permitted Access to TruCard Services
3.1 You should not use the app or Website from any country where accessing or using them or any of the information, products or services on them is prohibited by law. The app and Website do not constitute any invitation or solicitation by TruCard to any person to use any such information, products or services in countries where to do so is prohibited by law.
4. Intellectual Property
4.1 All intellectual property and all materials comprising or contained in the app or Website including but not limited to all text/articles, logos, software and images, are owned, or as the case may be licensed, except as otherwise expressly stated, by TruCard.
4.2 You are entitled to access the app or Website for the purposes of accessing the facilities, products and services offered by TruCard. However, you may not use in any way, directly or indirectly, any of its components for any other purpose. The materials contained on or comprising the app or Website may not be copied or redistributed for commercial purposes or for compensation of any kind without prior written permission from TruCard.
5. Limitations on Liability
5.1 All content shown by TruCard are provided and made available without any warranties, conditions or guarantees. All such warranties, conditions or guarantees which would otherwise be implied by law are excluded to the fullest extent permitted by law. In particular, TruCard does not warrant the accuracy, suitability, reliability, completeness, performance and/or fitness for the purpose of the content of any services or products available.
5.2 TruCard uses reasonable skill and care in providing its products and services to you. However (to the maximum extent permitted by law) TruCard is not liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) arising out of:
5.2.1 Your use, delay or inability to use the TruCard services;
5.2.2 Any inability to perform any of TruCard’s obligations due to failure of any technical or operational systems;
5.2.3 Any reasons beyond TruCard’s reasonable control. This will include (amongst other things) war, terrorism, government action, natural disaster, and industrial disputes;
5.2.4 Any damage to your equipment as a result of using TruCard products or services;
5.2.5 Any change in rates which may occur from time to time.
5.3 Without limiting the more general exclusions of liability as set out in sections 5.1 and 5.2, (to the maximum extent permitted by law) TruCard is not liable to you for any loss of profit, loss of use, indirect, or consequential losses, claims or other damages suffered or incurred by you from your use of the app or Website or the products or services offered however caused.
5.4 TruCard’s maximum aggregate liability to you in respect of all transactions undertaken by you shall be limited to a refund equivalent to any monies you have paid to TruCard to acquire gold or currency or send a peer to peer payment.
5.5 The disclaimers and limitations of liability in these general terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of TruCard or any of its employees, affiliates, agents or for reasons linked to financial crime or other legal and regulatory matters.
5.6 If any provisions of these terms and conditions including these disclaimers and limitations shall be unlawful or unenforceable then such provisions shall fall away and shall not affect the validity and enforceability of the remaining terms. Your statutory rights remain unaffected.
6. Governing Law and changes to these terms and conditions
6.1 TruCard reserves the right to change these terms and conditions from time to time.
6.2 TruCard will use various procedures to authenticate each transaction for the purposes of law and regulations including Fraud and Anti-Money Laundering/Combating the Financing of Terrorism. TruCard reserves the right to decline to continue to process any part of your order / transaction at any time.
6.3 TruCard is entitled to refuse, withdraw or cancel your order or transaction at any time, for any reason. TruCard may terminate any order or transaction at any time.
6.4 TruCard may also terminate any contract it has with you if it is required to do so because of matters of law or regulation or on the instructions of a law enforcement agency or regulatory body. TruCard may retain all or any of your money if it is required to do so by law or regulation and then deal with it as ordered by a court, or other body of a competent jurisdiction.
7. Your TruCard Account
7.1 Your TruCard Account is an electronic money account which enables you to send, receive and share electronic payments.
7.2 Your TruCard Account is denominated in a currency of your choice, as selected by you from the available currencies. Any transactions from that account will be in the designated currency of the account. Please refer to our separate Terms and Conditions covering Gold.
7.3 You have the right to withdraw funds from your TruCard Account at any time. However, you may be required to confirm (1) your identity beforehand and (2) the destination of the funds. There is no minimum withdrawal amount but the funds on your TruCard Account must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.
8. Opening Your TruCard Account
8.1 In order to use our products and services you must first open a TruCard Account by registering your details on our app.
To open and continue using a TruCard Account, you must:
8.1.1 Be at least 18 years of age;
8.1.2 Not be a resident of any country where we do not provide the TruCard Service or in a prohibited country. This list of prohibited countries may be amended by us from time to time, without notice;
8.1.3 Open an Account in accordance with the instructions set out in the registration page of our app including completing all requested information;
8.1.4 Maintain an active address, phone number and email address; and
8.1.5 Satisfactorily pass all of our required checks.
8.2 You may only open one TruCard Account in your name unless we explicitly approve the opening of additional accounts.
8.3 You may only open a TruCard Account if it is legal to do so in your country of residence. By opening a TruCard Account, you represent and warrant to us that your opening of a TruCard Account does not violate any laws or regulations applicable to you.
8.4 All information you provide during the signup process or any time thereafter must be accurate and truthful. It is your responsibility to keep your details up to date.
8.5 Your TruCard Account is for private purposes only. You must not use your TruCard Account for commercial purposes if you are receiving payments for or in connection with any business activity. We reserve the right to determine whether, in our reasonable opinion, you are using your TruCard Account for commercial purposes and if so may suspend and or close your account.
9. Keeping Your TruCard Account Safe
9.1 You must take all reasonable steps to keep your TruCard Account login details safe at all times and never disclose them to anyone. TruCard staff will never ask you to provide your login details or PIN to us or to a third party.
9.2 If you have any indication or suspicion of your TruCard Account, login details, password or other security feature being lost, stolen or otherwise compromised, you are advised to change your password and contact Client Support without undue delay. Any undue delay in notifying us may not only affect the security of your TruCard Account but may result in you being liable for any losses as a result.
9.3 We may suspend your TruCard Account or otherwise restrict its functionality on reasonable grounds relating to the security of the TruCard Account or if we reasonably suspect that an unauthorised or fraudulent use of your TruCard Account has occurred. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction unless notifying you would be unlawful or compromise our reasonable security interests.
9.4 You must take all reasonable care to ensure that your e-mail account is secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your TruCard Account.
10. Closing Your TruCard Account
10.1 You may close your TruCard Account at any time by contacting Client Support.
10.2 If your TruCard Account holds a balance, you may withdraw any remaining funds by contacting Client Support and requesting that the funds are sent to a recognised bank account in your name in a manner that is reasonably acceptable for us.
10.3 We reserve the right to carry out any necessary checks before authorising any withdrawal of your funds, including in relation to returning any funds to you after you have closed your TruCard Account.
10.4 If you are a friend or relative of a TruCard client who is deceased please contact Client Support.
11. Withdrawing Funds
11.1 You can request a withdrawal of all or part of the funds held in your TruCard Account at any time. We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time as long as there is at least one withdrawal method available to you.
11.2 TruCard is not responsible for and are not in control of 3rd Party charges that may be levied from time to time on transactions to and from you.
11.3 Withdrawals are subject to withdrawal fees and currency conversion fees depending on which withdrawal method and payment instrument is chosen.
11.4 You must not make a withdrawal to a bank account or other payment instrument if you are not the named account holder. Without prejudice to claiming further damages, if we are required to investigate a withdrawal to a payment instrument that is not in your name, we may charge an administration fee.
11.5 You must ensure that the payment details you enter when withdrawing funds are correct and complete. We will not be liable for withdrawn funds being sent to the wrong payment instrument where this is due to you providing incorrect payment details.
12. Prohibited Transactions
12.1 It is strictly forbidden to send or receive payments as consideration for the sale or supply of: drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, pornography, adult material, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, multi-level marketing, pyramid selling or Ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party.
12.2 We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms and Conditions or an acceptable use policy published on the Website.
12.3 We reserve the right to suspend or terminate your TruCard Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.
12.4 It is strictly forbidden to use your TruCard Account for any illegal purposes including but not limited to financial crime. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your TruCard Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.
12.5 If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, we reserve the right to: reverse the transaction; and/or close or suspend your TruCard Account; and/or report the transaction to the relevant law enforcement agency.
13. Your Data
14. Our Liability
14.1 in case of an unauthorised payment or a payment that was incorrectly executed due to an error by TruCard, we shall at your request immediately refund the payment amount including all fees deducted therefrom. This shall not apply:
14.1.1 Where the unauthorised payment arises from your failure to keep the personalised security features of your TruCard Account safe in which case you shall remain liable.
14.1.2 If you fail to notify us without undue delay of any loss of your login details or other event that could reasonably be expected to have compromised the security of your TruCard Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us;
14.1.3 If the transaction was unauthorised but you have compromised the security of your TruCard Account with intent or gross negligence in which case you shall be solely liable for all losses; or
14.1.4 If you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within 13 months from the date of the transaction.
14.2 You must check the transactions history of your TruCard Account regularly and contact Client Support immediately if you have any questions or concerns.
14.3 In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
14.4 We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
14.5 Nothing in these Terms and Conditions shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
14.6 We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial transaction between you and another TruCard client.
15. Termination and Suspension
15.1 You may terminate your TruCard Account with us at any time by giving us notice.
15.2 In the event of termination we may give you reasonable instructions on how to withdraw remaining funds.
15.3 We may at any time block or close your TruCard Account without notice in cases where:
15.3.1 You breach any condition of these Terms and Conditions or any other condition applicable to specific services covered by separate terms and conditions;
15.3.2 You violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services; or
15.3.3 We have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing, financial crime or criminal activity. This includes where you are a disqualified director with an active directorship or you have been disqualified for reasons that are adverse and / or are of cause for concern.
15.4 We may suspend your TruCard Account at any time if:
15.4.1 We reasonably believe that your TruCard Account has been compromised or for other security reasons; or
15.4.2 We reasonably suspect your TruCard Account to have been used or is being used without your authorisation or fraudulently; and we shall notify you either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless we are prohibited by law to notify you.
15.4.3 We establish adverse information about you from open sources.
16. Changes to these Terms and Conditions
16.1 These Terms and Conditions and any additional terms and conditions that may apply are subject to change.
16.2 We shall give notice to you of any proposed change by sending an email to the primary email address registered with your TruCard Account.
16.3 If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your TruCard Account. Your TruCard Account will be closed in accordance with the provisions above.
17. How We Communicate
17.1 We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your TruCard Account profile.
17.2 Where legislation requires us to provide information to you on a durable medium, we will make it available to you or send you a notification pointing you to information on our website.
17.3 If you are unsure whether a communication is originating from us, please contact Client Support.
17.4 Apart from communicating via email, we may contact you via letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS.
17.5 You may contact us at any time by contacting Client Support.
17.6 TruCard may record your calls. Both parties agree and consent to the recording of telephone conversations between the parties or their representatives without an automatic warning tone. The parties agree to the use of any such recordings as evidence in any dispute or anticipated dispute between the parties.
If you have any questions about these Terms, please contact us.