Website End User License Agreement. The Website End User License Agreement (“agreement”) applies to your access and use of the Privato Card website (“site” or “website”). Privato Card has the right to terminate or suspend your access to or use of the website, with or without notice, in the event that you violate this agreement. In case of any discrepancy between this agreement and the Account Agreement, the terms of this agreement shall prevail.
Proprietary Rights. The website is owned and operated by Privato Card or its affiliates, licensors and/or third party service providers (the “Privato Card Parties”) and unless otherwise indicated, all designs, text, images, videos, graphics, software and other content and materials appearing on the website are the property of Privato Card or the Privato Card Parties, and protected, without limitation, by USA and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other idicic of origin (collectively, “Marks”) appearing on the website are the property of Privato Card and Privato Card Parties. You may not make any use of any content or marks without the prior written consent of Privato Card. No content from the website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
Your Conduct. In using or accessing the service you agree: (1) not to use the service for fraudulent purposes; (2) not to spam others or phish for others’ personal information; (3) not to create or use a false identity; (4) not to disrupt or interfere with the security of, “deeplink”, attempt to obtain unauthorized access to or otherwise abuse, the service or affiliated or linked websites; (5) not to disrupt or interfere with any other user’s enjoyment of the service; (6) not to use, frame or utilize framing techniques to enclose any marks or other proprietary information (including content); (7) not to use meta tags or any other “hidden text” utilizing a mark; and (8) not to use the service in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violates any third party proprietary rights or is in violation of any law or regulation.
Third Party Websites and Services. The website may contain links to third party websites and services, over which Privato Card has no control. You acknowledge and agree that Privato Card does not endorse, verify or many any representations regarding these third party websites and services and is not responsible for the availability of, and any liability arising from, any such third party websites and services. Privato Card is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third party websites and services.
Termination and Modification. Privato Card reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the service, and to block or prevent future access to and use of the service for any reason. Privato Card may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the service, temporarily or permanently, at any time with or without notice to you. You agree the Privato Card shall not be liable to you or to any third party for any such modification, suspension or discontinuation.
Disclaimer. Privato Card makes no representation or warranty in connection with the service, the website or any content or online or mobile services provided therein (“Privato Card Materials”), all of which are provided on an “as is” and “as available” basis. Privato Card hereby disclaims all warranties, express, implied or statutory, including, without limitation ,any implied warranties of merchant ability, fitness for a particular purpose, title and non-infringement, with respect to the Privato Card Materials, and any third party website or service. Privato Card does not warrant that the Privato Card Materials will meet your requirements, that the operation of the Privato Card Materials will uninterrupted or error-free, that defects will be corrected, that transmissions or data will be secure, or that the Privato Card Materials, or the server(s) that makes them available, are free of viruses or other harmful components. Privato Card does not warrant or make any representation regarding the use of the results of the use of the Privato Card Materials in terms of their correctness, accuracy, reliability or otherwise. Privato Card will not be responsible for any delay, failure in performance or interruption of service, resulting directly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Privato Card’s control.
Hours of Operation. You can access account information through the service 7 days a week, 24 hours a day. There may be times, however, when all or part of the service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.
Electronic Mail. If you send us electronic mail (“e-mail”) we may not receive or review it immediately. We will have a reasonable time to act upon any e-mail request or notice, and reserve the right to reject any transaction or request received by e-mail. For security reasons you should not send us e-mail with your account or access information contained within it. Our service providers and we assume no responsibility for viruses created by third parties, or for any third party’s unauthorized access to, or use of, your computer system.
Discrepancies. We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process service transfers or payments. If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.
Idemnification. Except as otherwise set forth in this agreement, you agree to indemnify, defend and hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without limitation, attorney fees) related to or arising out of: (1) your actions and omissions in connection with your accounts or our service or (2) our actions and omissions, provided that they are taken/omitted in accordance with this agreement or your instructions. This provision shall survive the termination of this agreement.
Other Terms. This agreement incorporates, supplements and supersedes where inconsistent, the terms of your account agreement with us. Pease see that agreement for other terms relating to this service (waivers, governing law and overdrafts). You agree to compel with the Terms and Conditions found at our website, as well as any service guidelines and instructions set forth at that site. Unless we agree otherwise in a writing that specifically refers to this agreement, this agreement, our website terms and conditions and your account agreement contain all of the terms of our agreement with you with respect to the service. You agree that your download and use of the mobile app is subject to the license agreement for the mobile app.
Change in Terms. We may add to, delete from or change the terms of this agreement at any time by sending a notice to any of you at the e-mail address shown in our records, by posting the notice or an amended agreement on our website or by delivering it to you. You may choose not to access the change by closing your account(s) or terminating this agreement and your use of this service. Note: the service may not be available at all times. We may make additional services or new features available from time to time.
Termination. We may terminate or suspend your access to all or part of the service at any time, with or without cause. Any indemnification required by this agreement shall survive its termination.