Prepaid Mastercard® – General terms and conditions for the use of the customer portal

Art. 1 Scope

(1) HD CARD SERVICES Ltd. (“HDCS”, “we”, “us”), registered address: 33 Cavendish Square, W1G 0PW, London, UnitedKingdom, Company Registration Number 08701677, provides you (“you” or “customer”) with the “XPAY CustomerPortal”, which allows you to manage and to charge the prepaid card on Mastercard® basis (the “prepaid card”), providedto you by one of our distribution partners.

In the course of the order of the prepaid card, an access to the XPAY Customer Portal (your “XPAY Account”) shall becreated for you and you will be prompted to enter your registration information/login information for your XPAYAccount. With the registration you complete a contract with HDCS regarding the use of the XPAY Customer Portal andyour XPAY Account. By accessing or using the XPAY Customer Portal, you accept and comply the valid Terms andConditions. These Terms and Conditions apply to all visitors, users and others who access or use the XPAY CustomerPortal. If you disagree with any part of the Terms and Conditions then you may not access the XPAY Customer Portal.

You can find more details on HDCS in the imprint.

(2) The prepaid card is sold by us. The prepaid card is issued PayrNet Limited (‘PayrNet‘ or ‘the issuer‘), registered office: Kemp House, 142 City Road, London, UK, EC1V 2NX, registered in England No. 09883437.

PayrNet Limited is authorised and regulated in the U.K. by the Financial Conduct Authority to issue e-money (Firm Reference Number: 900594).  PayrNet Limited exercises this licence by way of the so-called EU passport for financial services in the European Economic Area (EEA).

HD CARD SERVICES Ltd., registered address: 33 Cavendish Square, W1G 0PW, London, United Kingdom (“HDCS”) is charged with the technical administration of the card business by PayrNet Limited, as so-called Program manager. When ordering the prepaid card, additionally to the user contract, which includes this terms and conditions, a contractual relationship comes about between you and the issuer (the “prepaid card contract”).

(3) The following General Terms and Conditions (here in “GTC”) regulate the rights and obligations when you use the XPAY Customer Portal. The GTC are part of the contract completed between HDCS and you regarding the use of the services of the XPAY Customer Portal (herein the “user contract”).

(4) We can always make changes to these terms and conditions, including the inclusion of other conditions. HDCS will notify you of any changes to these GTC in writing, by e-mail or by using the communication tools of the XPAY Customer Portal. If the customer does not object to such changes within six weeks after receipt of the notification, the changes shall be deemed agreed. In the event of an amendment to the GTC, you will be informed separately about the right to object and the legal consequences of silence. In the event of changes, the new version of the GTC can also be viewed on this website from the date on which they come into effect.

 

Art. 2 Services

(1) The XPAY Customer Portal is a cloud-based software that allows you to manage your prepaid card and load new credit onto it, as well as take advantage of other offers and features of your prepaid card.

(2) The services of HDCS regarding XPAY client portal include (a) Provision of the XPAY client portal usage options upon conclusion of a usage agreement with HDCS; and (b) Provision of access to the XPAY client portal for using the functions of your XPAY account.

(3) HDCS reserves the right to change or expand the content and structure of the XPAY customer portal, the XPAY account and the associated user interfaces if the fulfilment of the purpose of the contract is not or not significantly impaired. HDCS will inform the customer about the changes accordingly.

(4) HDCS strives to keep the XPAY client portal accessible via the Internet as continuously as possible. However, due to the technical nature of the Internet, uninterrupted availability of the XPAY customer portal is not guaranteed. In particular, HDCS does not guarantee success of the respective access to your XPAY account. HDCS provides for remote maintenance windows during which the XPAY customer portal and your XPAY account may be unavailable or only partially accessible. If necessary, HDCS can also perform maintenance of the XPAY Customer Portal outside the maintenance windows.

 

Art. 3 Obligations of the Customer

You are fully responsible for your use of the XPAY customer portal or your XPAY account. In particular, you are responsible for topping up your prepaid card via the XPAY customer portal.

 

Art. 4 Registration

(1) In order to use the services of the XPAY customer portal and your XPAY account, you must register with the XPAY customer portal and open an XPAY account.

(2) There is no right to use the XPAY Customer Portal. The offer to use the XPAY Customer Portal or XPAY account is only available to customers who have ordered and continue to use prepaid cards.

(3)  The prepaid card is sold by us. The prepaid card is issued PayrNet Limited (‘PayrNet‘ or ‘the issuer‘), registered office: Kemp House, 142 City Road, London, UK, EC1V 2NX, registered in England No. 09883437.

PayrNet Limited is authorised and regulated in the U.K. by the Financial Conduct Authority to issue e-money (Firm Reference Number: 900594).  PayrNet Limited exercises this licence by way of the so-called EU passport for financial services in the European Economic Area (EEA).

HD CARD SERVICES Ltd., registered address: 33 Cavendish Square, W1G 0PW, London, United Kingdom (“HDCS”) is charged with the technical administration of the card business by PayrNet Limited, as so-called Program manager. When ordering the prepaid card, additionally to the user contract, which includes this terms and conditions, a contractual relationship comes about between you and the issuer (the “prepaid card contract”).

(4) By completing the registration process, the Customer submits a binding offer to conclude a contract of use with HDCS regarding the XPAY Customer Portal and expressly agrees to the validity of these GTC. The Customer may call and save these GTC in this context.

The completion of the registration does not constitute an acceptance of the offer to conclude a usage contract. HDCS reserves the right to verify the client’s information and to decide on the acceptance of the contract offer based on the verification. Upon completion of the verification and positive decision on acceptance of the contract offer HDCS will set up the XPAY account for the customer and provide the customer with access to the XPAY account at the e-mail address provided by the customer (verification link).

With the transmission of the verification link HDCS declares the acceptance of the offer to conclude the contract of use under validity of these GTC.

(5) The customer is obliged to provide truthful and complete data collected during registration according to paragraph (3) or to check the data used by HDCS for the creation of the XPAY account for correctness and completeness if and to the extent that such data is not marked as voluntary. If the collected data changes after registration according to paragraph (3) or if the data transmitted in the course of creating the XPAY account according to paragraph (3) is incorrect or incomplete, the customer is obliged to update his profile immediately or to transmit the changed data to HDCS in another way. It is not permitted to enter artist names, pseudonyms or other imaginative designations in the context of name queries.

(6) The Customer must keep his/her password secret and carefully secure access to his/her XPAY account. The Customer is obliged to inform HDCS immediately if there is any indication that the XPAY account has been misused by third parties. As soon as HDCS becomes aware of any unauthorized use, HDCS will block the customer’s access. HDCS reserves the right to change the customer’s login data and password; in such a case HDCS will immediately inform the customer by e-mail.

 

Art. 5 Processing of the Contract Between Issuer/HDCS and Customer

(1) HDCS is not party to the contract between the customer and the issuer, but only provides the platform for the administration of the prepaid card.

(2) The processing of the contract between the issuer and the customer concerning the issue of the prepaid card, as well as the use of the prepaid card and its function is solely the responsibility of the respective customer and the issuer. HDCS does neither guarantee for the contract between the issuer and the customer nor for the functionality of the prepaid card, nor does it assume liability for defects. HDCS does not assume any obligation regarding the functionality of the prepaid card.

(3) We collect, process and use your personal data in accordance with the applicable data protection laws and to the extent described in the data protection declaration on our website under this link.

 

Art. 6 Remuneration

The creation of an XPAY Account and the use of the XPAY Customer Portal is free of charge for the customer.

 

Art. 7 Copyrights and Rights of Use

(1) The copyright and exclusive right of use for published objects created by HDCS (internet pages, scripts, programs, graphics) remains solely with HDCS.

(2) Reproduction or use of elements of the XPAY Client Portal in other electronic or printed publications, especially on other websites, is not permitted without HDCS’s express consent. HDCS is exclusively entitled to the comprehensive copyright with all rights according to § 12 to § 27 UrhG (German Copyright Act) on all documents, information and contractual objects created within the scope of the contract initiation and including warranty and maintenance, unless otherwise agreed upon in writing.

(3) Upon conclusion of the contract of use, the Customer shall be granted a simple, geographically unlimited, non-exclusive and non-transferable right to use the XPAY Customer Portal within the scope of his XPAY account and in accordance with the scope agreed upon in the contract for his own exclusive purposes for the duration of the contract. No further rights, in particular for reproduction beyond the scope required for use in accordance with the contract, shall be granted. Any rights arising from §§ 69 d (2) and (3), 69 e UrhG (German Copyright Act) shall remain unaffected.

 

Art. 8 Rights of HDCS for Deleting Content, Blocking the XPAY Account etc.

HDCS is entitled to take the following measures, if a customer violates these GTC, legal provisions or the rights of third parties, if there are concrete indications that a customer violates legal provisions, rights of third parties or these GTC, or if HDCS has any other legitimate interest: (a) restricting the use of the XPAY Customer Portal or the XPAY account, (b) temporary blocking and (c) permanent blocking of the XPAY account. In selecting the measure HDCS shall take into account the legitimate interests of the customer concerned in an appropriate manner, in particular whether there are indications that the customer is not responsible for the violation. HDCS will inform the customer about the measure by e-mail and give the customer the opportunity to comment.

 

Art. 9 Limitation Of Liability

(1) HDCS shall not be liable to the customer for damage to legal interests other than life, body or health, unless the damage is caused by intentional or grossly negligent behaviour of HDCS, one of its legal representatives or one of its vicarious agents, and unless the behaviour is a violation of essential contractual obligations. Essential contractual obligations are such obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. The liability in case of breach of such an essential contractual obligation is limited to the damage typical for the contract, which HDCS had to expect at the time of conclusion of the contract due to the circumstances known at that time. The above-mentioned exclusions and limitations of liability do not apply in case of acceptance of explicit warranties by HDCS as well as in case of claims due to lack of warranted characteristics or as far as claims under the Product Liability Act are concerned.

(2) HDCS shall not be liable for malfunctions within the XPAY customer portal for which HDCS is not responsible.

(3) HDCS is liable for the loss of data according to the preceding paragraphs only if such a loss could not have been avoided by adequate data protection measures taken by the client.

(4) Liability does not extend to impairment of the contractual use of the services provided by HDCS via the platform caused by improper or faulty use by the customer.

(5) The aforementioned limitations of liability also apply accordingly in favour of HDCS’ vicarious agents.

(6) Insofar as the XPAY customer portal offers the possibility of redirection to databases and websites etc. HDCS shall not be liable for the accessibility, existence or security of such database or services, nor for the content of such database or services, but shall in particular not be liable for the legality, accuracy, completeness, topicality, etc. of such database or services.

(7) In any case, the customer is also obliged to limit damages. This includes the timely notification of damages within the scope of further damage minimization.

 

Art. 10 Disclaime

Your use of the XPAY Customer Portal is at your sole risk. The XPAY Customer Portal is provided on an “AS IS” and “ASAVAILABLE” basis. The XPAY Customer Portal is provided without warranties of any kind, whether express or implied,including, but not limited to, implied warranties of merchantability,

HDCS its subsidiaries, affiliates and its licensors do not warrant that a) the XPAY Customer Portal will functionuninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the XPAYCustomer Portal is free of viruses or other harmful components; or d) the results of using the XPAY Customer Portal willmeet your requirements.

 

Art. 11 Data Protection, Use of Personal Data

HDCS guarantees the confidential handling of the customer’s data in accordance with the relevant legal provisions on data protection and the data protection declaration, which you can find here.

 

Art. 12 Contract Duration, Termination

(1) The contract of use on which these General Terms and Conditions are based is concluded for an indefinite period. It can be terminated by the customer at any time without observing a period of notice of three months, in each case to the end of the quarter. The termination can be made in writing, by fax or by e-mail.

(2) HDCS may terminate the contract of use with a notice period of three (3) months to the end of the quarter.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) An important reason for the termination of the contract for HDCS is in particular (a) the customer’s violation of the provisions of these GTC, which is not remedied even after a reasonable period of time has been set; (b) the customer’s tortious act or the attempt of such an act, e.g. fraud; (c) persistent interruption of operations due to force majeure beyond the control of HDCS, such as natural disasters, fire, breakdown of service networks through no fault of HDCS, and (d) the customer terminates or returns the prepaid card.

(5) HDCS is entitled to block the client’s login data and password after the termination has become effective and to delete all data of the client, unless HDCS still needs the data for accounting or verification purposes..

(6) Each cancellation requires the text form to be valid.

 

Art. 13 Governing Law

(1) Should individual provisions of the contract of use including these General Terms and Conditions be or become invalid in whole or in part, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the parties to the contract by mutual agreement by a provision which comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply accordingly in the event of loopholes.

(2) The relationship between the parties shall be governed by the laws of the United Kingdom excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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