Terms and Conditions - Apple Pay

Introduction

The following terms and conditions (“Terms”)are an agreement between you and Offramp that governs your access to and use ofyour Offramp Card through Apple Pay. By registering to add an Offramp Card foruse in Apple Pay on your Apple Devices or allowing another cardholder to add anOfframp Card linked to your Card Account for use in Apple Pay on their AppleDevices, you agree that you have read, understood, and accepted all of theTerms contained herein and to use your Offramp Card by these Terms. If you donot agree with any of the following Terms, you must cease all access to or useof your Offramp Card in connection with Apple Play and remove any Offramp Cardlinked to your account from Apple Pay.

These Terms shall be read withthe Offramp Card Program Account Agreement (“Agreement”) associated witheach Offramp Card available on the Offramp’s website. You must read these Termsand the Agreement together. In the event of any inconsistency between theprovisions of these Terms and the Agreement relating to your access to or useof Offramp Pay through Apple Pay, these Terms shall prevail.

You also acknowledge thatyour use of Apple Pay is subject to the terms and conditions set forth by Appleconcerning the use of Apple Pay, which will not change or override these Terms.

 

Eligibility / Enrollment

Apple Pay is available to Offramp Card cardholders topurchase goods and services with an eligible Apple Device at near-fieldcommunication (“NFC”) enabled merchants and an online merchant who acceptsApple Pay as a form of payment.

To add your Offramp Card toApple Pay, you must register your Offramp Card through Apple Pay via Offramp’sapplication or by directly scanning or entering the Offramp Card detailsmanually on the Apple Pay wallet (“Apple Pay Card Registration”). Youmay be required to take additional steps to authenticate yourself before your OfframpCard is added to Apple Pay, including providing the correct one-time password(“OTP”), which will be sent to you by us via SMS on your registeredmobile number with us (“Additional Authentication”). Your enrolment willbe declined if the Offramp Card is not eligible for this service, you failedthe authentication process, or your Offramp Card or the underlying Card Accountis not in good standing or conducted satisfactorily or adequately, as wedetermined at our discretion. Apple Pay may also limit the number of OfframpCards you may store in a single Apple Device from time to time which we cannotcontrol. We may, however, limit the number of Apple Devices in which the same OfframpCard can be stored from time to time and you should refer to our latestcommunications regarding such limit.

For a Program Account containingmultiple Offramp Card issuance, each Offramp Card shall be regarded as separateand thus be subject to a separate Apple Pay Card Registration and AdditionalAuthentication.

Adding your Offramp Card toApple Pay will allocate a unique numerical identifier different from yourOfframp Card number (“Device Card Number”) to make purchases and receiverefunds through Apple Pay. Due to how Apple Pay operates, you may need topresent your Apple Device to a merchant when you return an item purchased usingApple Pay on such an Apple Device.

Once an Offramp Card isadded to Apple Pay, you can use Apple Pay to authorize transactions on a CardAccount. This is done using the relevant Apple Device in place of an OfframpCard at a contactless payment terminal or in an application on an Apple Device.

Renewal of your OfframpCard upon expiry or replacement of the damaged Offramp Card will not affectyour use of the same Offramp Card enrolled for Apple Pay, whether or not youhave activated the renewed or replacement Offramp Card.

 

Your use of Offramp Cardsthrough Apple Pay

You must keep your Apple Device safe or secure bylocking it when not in use or when it is unattended and by installingup-to-date anti-malware or anti-virus software on it (wherever applicable),including ensuring that the device is not modified contrary to the software orhardware guidelines of the manufacturer or intentionally turning off thedevice’s hardware or software controls (commonly referred to as“jailbreaking”). You acknowledge and agree that using a modified device to useyour Offramp Card in connection with Apple Pay is expressly prohibited,constitutes a violation of these Terms, and is grounds for us to deny youraccess to your Offramp Card through Apple Pay.

You must also ensure thatyour passcode or personal identification number that is required to allow youto use your Apple Device to access and use your Offramp Cards to make purchasesthrough Apple Pay is kept secure in the same way as a cardholder would for abanking password or PIN, including but not limited to, by:

You must take all steps toprevent fraud, loss, or theft concerning your Apple Device or any of yourOfframp Cards in connection with Apple Pay.

Suppose biometricidentifiers are registered on your Apple Device and are used to identify you orto grant access to and use your Offramp Card for Apple Pay. In that case, youmust not save a third party’s biometrics, such as the device's fingerprint(biometric information). In the event, a third party’s biometrics are saved onthe device, whether now or in the future. Such biometric details can be used togrant access to the device to access and use your Offramp Card; you understand,acknowledge, and agree that you will be taken to have authorized that person totransact on your behalf. The relevant transactions will be charged to your OfframpCard, for which you shall be responsible and liable for the same.

If you enroll for biometricverification such as fingerprint identity (“Touch ID”), personal identificationnumber or passcode on Apple Pay, the collection, storage, enrolment, and accessto Apple Pay using your biometric information, personal identification numberor passcode will be made using the technology on your Apple Device.Accordingly, when you log into Apple Pay and choose to be verified using thetechnology on your Apple Device, your fingerprint or any other biometricinformation, personal identification number, or passcode will be matched andverified against your device’s technology. Accordingly, you acknowledge that wehave no control over the technology on the Apple Device, the availability,capability, verification method, security, and integrity of the Apple Deviceand cannot be held responsible for transactions effected using Apple Pay andauthorized using any biometric information or personal identification number orpasscode. You should, therefore, assess if the Apple Device’s manner ofverification and risks associated with such use is acceptable to you.

The use of Apple Pay is atyour discretion. You are not obliged to use Apple Pay in connection with any ofyour Offramp Cards. Accordingly, you agree that the access and use of your OfframpCard on Apple Pay will be considered authorized by you, and you shall beresponsible and liable for the same. If you share your passcode with any otherperson, you are taken to have authorized that person to transact on youraccount using Apple Pay. This means that any Apple Pay transaction initiated bythat person using the fingerprint or passcode will be authorized by you, andthe clauses of the Agreement that deal with unauthorized transactions will notapply. Suppose your Apple Device is lost or stolen. In that case, if anybiometric information, personal identification number, or other passcode iscompromised or used or your Offramp Card has been used through Apple Paywithout your permission, you must notify us immediately and, if we so require,furnish us a statutory declaration in such form as we specify and a policereport and any other information we may reasonably require. You are liable forall unauthorized use of your Offramp Card in connection with Apple Pay untilyou notify us unless we determine, at our sole discretion, that: (i) you havefully complied with these Terms (including, but not limited to, the safetyprecautions) and you notified us without delay, (ii) you assist in theinvestigations and recovery, and (iii) we are satisfied that such unauthorizedtransactions are not due to your wilful misconduct and gross negligence andthat you have not acted fraudulently.

You agree and acknowledgethat the transaction history displayed in Apple Pay in connection with the useof your Offramp Card solely represents our authorization of your Apple Paytransaction using that particular Apple Device and does not reflect any post-authorizationactivity, including but not limited to clearing, settlement, foreign currencyexchange, refunds, returns or chargebacks.

Accordingly, the purchaseamount, currency, and other details for your Apple Pay transaction history inconnection with using your Offramp Card in Apple Pay may not match the amountthat is ultimately cleared, settled, and posted to your Offramp Card statementof account. If there is any inconsistency between your Offramp Card statementof account and the transaction history displayed in Apple Pay, your OfframpCard statement of account shall prevail, and you will remain liable to us forthe amounts set out on your statements.

 

Fees

All applicable fees, interests, and charges foryour Offramp Card under the Agreement are available and provided on our website.We will continue to apply after you have registered your Offramp Card withApple Pay. We currently do not impose any additional fees for using your OfframpCard through Apple Pay, but we reserve the right to impose a fee at our solediscretion in the future. You shall be solely responsible for all third-partycharges, such as your telecommunications carrier or provider may imposeweb-enablement, data usage, or text messaging fees and other charges associatedwith your use of Apple Pay.

As a condition of usingyour Offramp Card in connection with Apple Pay, you acknowledge and consent tous sending notifications and automatically dialed calls or text messages to theApple Device, which may or may not be the same device as your phone number onrecord.

 

Suspension and Terminationof Apple Pay

We have the right to suspend, block, or cancel yourability to use your Offramp Card in connection with Apple Pay at any time andneed not give you any prior notice or reason for doing so, including modifyingor suspending the type of transactions allowed on your Offramp Card inconnection with Apple Pay, change the eligibility of an Offramp Card for usewith Apple Pay, and change the Offramp Card authentication process.

We also have the right to limitany daily and individual transaction amount(s) charged to your Offramp Cardthrough Apple Pay. The limit will be at such amount(s) as determined by us andnotified to you occasionally.

If we cancel or suspendyour Offramp Card by these Terms and the terms of the Agreement, you will notbe allowed to use it through your Apple Device. Please note that this is thecase even though you may still see a symbol for the Offramp Card on your AppleDevice.

 

Authorization to collectand share data

You agree that we may collect, transmit, store, anduse technical, location, and log-in or other information about you and your useof your Offramp Card through Apple Pay. We may also collect informationrelating to your Apple Device (including app version, device type and model,operating system, and security information such as whether you have obtainedroot access):

You acknowledge that (i)Apple, the provider of Apple Pay technology that supports your Offramp Card inApple Pay, as well as its subcontractors, agents, and affiliates, and (ii) theapplicable payment network branded on your Offramp Card (i.e., Visa) as well assubcontractors, agents, and affiliates of such payment networks, will haveaccess to specific details of your transactions made with merchants via the useof your Offramp Card through Apple Pay in and for (1) performing itsobligations hereunder; (2) providing you with relevant transaction data; (3)detecting and addressing fraud; (4) complying with applicable laws andregulations; (5) responding to inquiries made under court orders or byregulators; (6) managing, making product enhancement to, and promoting the useof Apple Pay; and (7) creating business and technical performance reporting.You acknowledge that the use, storage, and disclosure of any personalinformation you provide directly to Apple, the applicable payment networkbranded on your Offramp Card (i.e., Visa), or other third parties supportingApple Pay will be governed by the privacy policy of such party.

 

Merchant relationships and disclaimers

Merchants may present to you specific discounts,rebates, or other benefits (e.g., free shipping) (“Offers”) if paymentis effected through Apple Pay. Such Offers are subject to specific terms andconditions between you and the relevant merchant. We will not be liable for anyloss or damage due to any interaction between you and a merchant concerningsuch Offers. All matters, including delivery of goods and services, returns,and warranties, are solely between you and the applicable merchants. Youacknowledge that we do not endorse or warrant the merchants that are accessiblethrough Apple Pay or the Offers that they provide.

 

Changes to Terms and Conditions

We may amend these Terms at any time by providingreasonable prior notice to you. We may revise these Terms at any time byupdating this posting. Such revisions bind you; therefore, you shouldoccasionally visit our website to review the current Terms.

 

Intellectual Property

All intellectual property rights, including allpatents, trade secrets, copyrights, trademarks, and moral rights (collectively,“Intellectual Property Rights”) in Apple Pay (including text, graphics,software, photographs and other images, videos, sound, trademarks, and logos)are owned either by Apple, us, our licensors or third parties. Nothing in theseTerms gives you any rights in respect of any intellectual property owned byApple, us, our licensors, or third parties, and you acknowledge that you do notacquire any ownership rights by adding your Offramp Card to or using your OfframpCard in connection with, Apple Pay.

Apple and Apple Pay aretrademarks of Apple Inc., registered in the U.S. and other countries andregions.

 

Disclaimers of warranty

Apple provides Apple Pay without a warranty fromus. You acknowledge and agree that, occasionally, your use of the Offramp Cardin connection with Apple Pay may be delayed, interrupted, or disrupted for anunknown period for reasons we cannot control. Neither we nor our affiliateswill be liable for any claim arising from or related to using your Offramp Cardthrough Apple Pay due to such delay, interruption, disruption, or similarfailure.

You acknowledge that we arenot a party to the terms and conditions for Apple Pay between you and Apple; wedo not own and are not responsible for Apple Pay. We are not providing anywarranty for Apple Pay. We are not responsible for the performance, maintenance,or other support services for Apple Pay. We shall not be responsible for anyother claims, losses, liabilities, damages, costs, or expenses concerning ApplePay, including, without limitation, any third-party product liability claims,claims that Apple Pay fails to conform to any applicable legal or regulatoryrequirement, claims arising under consumer protection or similar legislation,and claims concerning intellectual property infringement. Any inquiries orcomplaints relating to Apple Pay, including those about Intellectual PropertyRights, should be directed to Apple.

We do not recommend,endorse, or make any representation or warranty of any kind regarding theperformance or operation of your Apple Device. You are responsible for theselection of an Apple Device and all issues relating to the operation,performance, and costs associated with such an Apple Device.

 

Limitation of liability

To the maximum extent permitted by applicable law,in no event shall we, our processors, suppliers, or licensors (or theirrespective affiliates, agents, directors, and employees) be liable for anydirect, indirect, punitive, incidental, special, consequential, or exemplarydamages, including without limitation damages for loss of profits, goodwill,use, data, or other intangible losses, that result from the use of, inabilityto use, or unavailability of Apple Pay, including your use of Offramp Card inconnection with Apple Pay.

To the maximum extentpermitted by applicable law, we, our processors, suppliers, and licensors (andtheir respective affiliates, agents, directors, and employees) assume noliability or responsibility for any (i) errors, mistakes, or inaccuracies ofcontent; (ii) personal injury or property damage, of any nature whatsoever,resulting from your access to or use of Apple Pay, including your use of yourcard in connection with Apple Pay; (iii) any interruption or cessation oftransmission to or from Apple Pay; (iv) any bugs, viruses, Trojan horses, orthe like that may be transmitted to or through Apple Pay by any third party;(v) any errors or omissions in any content or for any loss or damage incurredas a result of the use of any content posted, emailed, transmitted, orotherwise made available through Apple Pay; and (vi) user content or thedefamatory, offensive, or illegal conduct of any third party.

 

Indemnity

You will indemnify, defend, and hold us (and ouremployees, directors, agents, affiliates and representatives) harmless from andagainst any and all claims, costs, losses, damages, judgments, tax assessments,penalties, interest, and expenses (including reasonable attorneys’ fees)arising out of any claim, action, audit, investigation, inquiry, or otherproceeding instituted by a person or entity that arises out of or relates to:(a) any actual or alleged breach of your representations, warranties, or obligationsset forth in these Terms, including any violation of our policies; (b) yourwrongful or improper use of Apple Pay, including wilful misconduct or fraud;(c) your violation of any third-party right, including without limitation anyright of privacy, publicity rights or Intellectual Property Rights; (d) yourviolation of any law, rule or regulation of Hong Kong or any other country; (e)any access or use of Apple Pay by any other party with your Touch ID orpersonal identification number or passcode or other appropriate security code,and (f) any change in law, regulations, guidelines or official directive orcirculars which has an effect on the Offramp Card or Apple Pay, and the samemay be debited to your Offramp Card and/or shall be paid by you on demand.

 

Representation and warranty

You represent and warrant to us that: (i) to theextent you identified a name at registration, the name identified by you whenyou registered your Offramp Card to be added to Apple Pay is your name; (ii)you are the cardholder of all Offramp Cards you add to Apple Pay; (iii) you andall transactions initiated by you or using any of the Offramp Cards added toApple Pay will comply with all laws, rules, and regulations applicable to you,including any applicable tax laws and regulations; (iv) you have the authorityto authorize the receipt of notices, calls and text messages from us at thephone number you provide, (v) you will not use any of your Offramp Card throughApple Pay for any fraudulent undertaking or in any manner to interfere with theoperation of Apple Pay; (vi) you will not permit any use of your Offramp Cardthrough Apple Pay by any third party; and (vii) your use of your Offramp Cardin connection with Apple Pay will comply with these Terms.

 

Removal of your OfframpCard from Apple Pay

You shall follow the instructions from Apple Pay toremove your Offramp Card from Apple Pay if you no longer wish to use your OfframpCard through Apple Pay. You should also ensure that any Offramp Card is removedfrom your Apple Device before the disposal of such an Apple Device. Removingyour Offramp Card from Apple Pay will not terminate your Offramp Card unlessyou also choose to terminate such by the terms of the Agreement.

 

Severability

Suppose any provision or part of a provision ofthese Terms is illegal, invalid, or unenforceable. In that case, it will besevered from them, and the remaining provisions (or parts of provisions) willcontinue in full force and effect.

 

Governing Law

The same laws that govern the Agreement shallgovern these Terms.

 

Definitions

In these Terms, all capitalized words orexpressions used shall be defined and carry the same meaning as stated in theDefinition section of the Offramp Card Program Account Agreement (“Agreement”)except for the following words described below:

“Apple Device” meansany device that supports any operating system released by Apple (e.g., iOS,MacOS, watchOS, etc.), which Offramp determines, at its sole discretion, iseligible for the registration of Offramp Card to be used in Apple Pay. Anydevices modified contrary to the software or hardware guidelines of themanufacturer, including by turning off hardware or software controls (commonlyreferred to as “jailbreaking”), are not eligible for the registration of OfframpCard to be used in Apple Pay.

“Apple Pay” meansthe mobile payment and digital wallet service created by Apple that lets usersmake payments using specific devices that support the operating systemsreleased by Apple and credit cards or debit cards registered on such AppleDevices.

“Offramp,” “we,” or“us” means Offramp Technologies Limited and its subsidiaries.

“You” means theCompany of the Program Account related to the Offramp Card, which has beenadded to the Apple Pay digital wallet on any Apple Device and, as the contextrequires, includes any relevant Authorized User.

 

‍

Terms and Conditions - Google Pay

Introduction

The following terms and conditions (“Terms”)are an agreement between you and Offramp that governs your access to and use ofyour Offramp Card through Google Pay. By registering to add an Offramp Card foruse in Google Pay on your Android Device or allowing another cardholder to add anOfframp Card linked to your Card Account for use in Google Pay on their AndroidDevice, you agree that you have read, understood, and accepted all of the Termscontained herein and to use your Offramp Card by these Terms. If you do notagree with any of the following Terms, you must cease all access to or use ofyour Offramp Card in connection with Google Play and remove any Offramp Cardlinked to your account from Google Pay.

These Terms shall be readin conjunction and in addition with the Offramp Card Program Account Agreement(“Agreement”) associated with each Offramp Card. You must read theseTerms and the Agreement together. In the event of any inconsistency between theprovisions of these Terms and the Agreement relating to your access to or useof Offramp Pay through Google Pay, these Terms shall prevail.

You also acknowledge thatyour use of Google Pay is subject to the terms and conditions set forth byGoogle concerning the use of Google Pay, which will not change or overridethese Terms.

 

Eligibility / Enrollment

Google Pay is available to Offramp Card cardholdersto purchase goods and services with an eligible Android Device at near fieldcommunication (“NFC”) enabled merchants and an online merchant whoaccepts Google Pay as a form of payment.

To add your Offramp Card toGoogle Pay, you must register your Offramp Card throughGoogle Pay via Offramp’s application or by directly scanning orentering the Offramp Card details manually on Google Pay wallet (“GooglePay Card Registration”). You may be required to take additional stepsto authenticate yourself before your Offramp Card is added to Google Pay,including providing the correct one-time password (“OTP”), whichwill be sent to you by us via SMS on your registered mobile number with us (“AdditionalAuthentication”). Your enrolment will be declined if the Offramp Cardis not eligible for this service, you failed the authentication process, or yourOfframp Card or the underlying Card Account is not in good standing orconducted satisfactorily or adequately, as we determined at our discretion. GooglePay may also limit the number of Offramp Cards you may store in a singleAndroid Device from time to time, which we cannot control. We may,however, limit the number of Android Devices in which the same OfframpCard can be stored from time to time and you should refer to our latestcommunications regarding such limit.

For a Program Account containingmultiple Offramp Card issuance, each Offramp Card shall be regarded asseparate and thus be subject to separate Google Pay Card Registration andAdditional Authentication.

By adding your Offramp Cardto Google Pay, a unique numerical identifier different from your OfframpCard number (“Device Card Number”) will be allocated to makepurchases and receive refunds through Google Pay. Due to how Google Payoperates, you may need to present your Android Device to a merchant when youreturn an item purchased using Google Pay on such an Android Device.

Once an Offramp Card isadded to Google Pay, you can use Google Pay to authorize transactions on a CardAccount. This is done using the relevant Android Device in place of an OfframpCard at a contactless payment terminal or in an application on an AndroidDevice.

Renewal of your OfframpCard upon expiry or replacement of the damaged Offramp Card will not affectyour use of the same Offramp Card enrolled for Google Pay, whether or not youhave activated the renewed or replacement Offramp Card.

‍

Your use of Offramp Cardsthrough Google Pay

You must keep your Android Device safe or secure bylocking it when not in use or when it is unattended and by installingup-to-date anti-software on it (where applicable), including ensuring that thedevice is not modified contrary to the software or hardware guidelines of themanufacturer or intentionally turning off the device’s hardware or softwarecontrols (commonly referred to as “jailbreaking”). You acknowledge and agreethat using a modified device to use your Offramp Card in connectionwith Google Pay is expressly prohibited, constitutes a violation of theseTerms, and is grounds for us to deny your access to your Offramp Card throughGoogle Pay.

You must also ensure thatyour passcode or personal identification number that is required to allow youto use your Android Device to access and use your Offramp Cards to makepurchases through Google Pay is kept secure in the same way as a cardholderwould a banking password or PIN, including but not limited to, by:

You must take all steps toprevent fraud, loss, or theft regarding your Android Device or any OfframpCards in connection with using Google Pay.

Suppose biometricidentifiers are registered on your Android Device and are used to identify youor to grant access to and use your Offramp Card for Google Pay. In that case,you must not save a third party’s biometrics, such as the device's fingerprint(biometric information). In the event, a third party’s biometrics are saved onthe device, whether now or in the future. Such biometric details can be used togrant access to the device to access and use your Offramp Card; youunderstand, acknowledge, and agree that you will be taken to have authorizedthat person to transact on your behalf. The relevant transactions will becharged to your Offramp Card, for which you shall be responsible and liable forthe same.

If you enroll for biometricverification such as fingerprint identity (“Touch ID”), personal identificationnumber or passcode on Google Pay, the collection, storage, enrolment, andaccess to Google Pay using your biometric information, personal identificationnumber or passcode will be made using the technology on your Android Device.Accordingly, when you log into Google Pay and choose to be verified using thetechnology on your Android Device, your fingerprint or any other biometricinformation, personal identification number, or passcode will be matched andverified against your device’s technology. Accordingly, you acknowledge that wehave no control over the technology on the Android Device, the availability,capability, verification method, security, and integrity of the Android Deviceand cannot be held responsible for transactions effected using Google Pay andauthorized using any biometric information or personal identification number orpasscode. You should, therefore, assess if the Android Device’s manner ofverification and risks associated with such use is acceptable to you.

The use of Google Pay is atyour discretion. You are not obliged to use Google Pay in connection with anyof your Offramp Cards. Accordingly, you agree that the access and use of your OfframpCard on Google Pay will be considered authorized by you, and you shall beresponsible and liable for the same. If you share your passcode with any otherperson, you are taken to have authorized that person to transact on youraccount using Google Pay. This means that any Google Pay transaction initiatedby that person using the fingerprint or passcode will be authorized by you, andthe Agreement's clauses that deal with unauthorized transactions will notapply. Suppose your Android Device is lost or stolen. In that case, if anybiometric information, personal identification number, or other passcode iscompromised or used, or your Offramp Card has been used through Google Paywithout your permission, you must notify us immediately and, if we so require,furnish to us a statutory declaration in such form as we specify and a policereport and any other information we may reasonably require. You are liable forall unauthorized use of your Offramp Card in connection with Google Pay untilyou notify us unless we determine, at our sole discretion, that: (i) you havefully complied with these Terms (including, but not limited to, the safetyprecautions) and you notified us without delay, (ii) you assist in theinvestigations and recovery, and (iii) we are satisfied that such unauthorizedtransactions are not due to your wilful misconduct and gross negligence andthat you have not acted fraudulently.

You agree and acknowledgethat the transaction history displayed in Google Pay in connection with the useof your Offramp Card solely represents our authorization of your Google Paytransaction using that particular Android Device and does not reflect any post-authorizationactivity, including but not limited to clearing, settlement, foreign currencyexchange, refunds, returns or chargebacks.

Accordingly, the purchaseamount, currency, and other details for your Google Pay transaction history inconnection with using your Offramp Card in Google Pay may not match the amountthat is ultimately cleared, settled, and posted to your Offramp Card statementof account. If there is any inconsistency between your Offramp Card statementof account and the transaction history displayed in Google Pay, your OfframpCard statement of account shall prevail, and you will remain liable to us forthe amounts set out on your statements.

 

Fees

All applicable fees, interests, and charges foryour Offramp Card under the Agreement are available and provided on our website.We will continue to apply after you have registered your Offramp Card withGoogle Pay. We currently do not impose any additional fees forusing your Offramp Card through Google Pay, but we reserve the right to imposea fee at our sole discretion in the future. You shall be solelyresponsible for all third-party charges, such as your telecommunicationscarrier or provider may impose web-enablement, data usage, or text messagingfees and other charges associated with your use of Google Pay.

As a condition of usingyour Offramp Card in connection with Google Pay, you acknowledge and consent tous sending notifications and automatically dialed calls or text messages to theAndroid Device, which may or may not be the same device as your mobile phonenumber on record with us.

 

Suspension and terminationof Google Pay

We have the right to suspend, block, or cancel yourability to use your Offramp Card in connection with Google Pay at anytime and need not give you any prior notice or reason for doing so, includingmodifying or suspending the type of transactions allowed on your Offramp Cardin connection with Google Pay, change the eligibility of an Offramp Cardfor use with Google Pay, and change the Offramp Card authentication process.

We also have the right to limitany daily and individual transaction amount(s) charged to your Offramp Cardthrough Google Pay. The limit will be at such amount(s) as determined byus and notified to you occasionally.

If we cancel or suspendyour Offramp Card by these Terms and the terms of the Agreement, you will notbe allowed to use it through your Android Device. Please note that this is thecase even though you may still see a symbol for the Offramp Card on yourAndroid Device.

 

Authorization to collectand share data

You agree that we may collect, transmit, store, anduse technical, location, and log-in or other information about you and your useof your Offramp Card through Google Pay. We may also collect informationrelating to your Android Device (including app version, device type and model,operating system, and security information such as whether you have obtainedroot access):

You acknowledge that (i)Google, the provider of Google Pay technology that supports your Offramp Cardin Google Pay, as well as its subcontractors, agents, and affiliates, and(ii) the applicable payment network branded on your Offramp Card (i.e., Visa)as well as subcontractors, agents, and affiliates of such paymentnetworks, will have access to specific details of your transactions made withmerchants via use of your Offramp Card through Google Pay in and for (1)performing its obligations hereunder; (2) providing you with relevanttransaction data; (3) detecting and addressing fraud; (4) complying withapplicable laws and regulations; (5) responding to inquiries made under courtorders or by regulators; (6) managing, making product enhancement to, andpromoting the use of Google Pay; and (7) creating business and technicalperformance reporting. You acknowledge that the use, storage, and disclosure ofany personal information you provide directly to Google, the applicable paymentnetwork branded on your Offramp Card (i.e., Visa), or other third partiessupporting Google Pay will be governed by the privacy policy of such party.

 

Merchant relationships and disclaimers

Merchants may present to you specific discounts,rebates, or other benefits (e.g., free shipping) (“Offers”) if paymentis effected through Google Pay. Such Offers are subject to specific terms andconditions between you and the relevant merchant. We will not be liable for anyloss or damage due to any interaction between you and a merchant concerningsuch Offers. All matters, including delivery of goods and services, returns,and warranties, are solely between you and the applicable merchants. Youacknowledge that we do not endorse or warrant the merchants that are accessiblethrough Google Pay or the Offers that they provide.

 

Changes to Terms and Conditions

We may amend these Terms at any time by providingreasonable prior notice to you. We may revise these Terms at any time byupdating this posting. Such revisions bind you; therefore, you should occasionallyvisit our website to review the current Terms.

 

Intellectual Property

All intellectual property rights, including allpatents, trade secrets, copyrights, trademarks, and moral rights (collectively,“Intellectual Property Rights”) in Google Pay (including text, graphics,software, photographs and other images, videos, sound, trademarks, and logos)are owned either by Google, us, our licensors or third parties. Nothing inthese Terms gives you any rights in respect of any intellectual property ownedby Google, us, our licensors, or third parties, and you acknowledge that you donot acquire any ownership rights by adding your Offramp Card to or using your OfframpCard in connection with, Google Pay.

 

Disclaimers of warranty

Google provides Google Pay and is without warrantyfrom us. You acknowledge and agree that, occasionally, your use of the OfframpCard in connection with Google Pay may be delayed, interrupted, or disruptedfor an unknown period for reasons we cannot control. Neither we nor ouraffiliates will be liable for any claim arising from or related to using yourOfframp Card through Google Pay due to such delay, interruption, disruption, orsimilar failure.

You acknowledge that we arenot a party to the terms and conditions for Google Pay between you and Google,and we do not own and are not responsible for Google Pay. We are not providingany warranty for Google Pay. We are not responsible for the performance,maintenance, or other support services for Google Pay and shall not beresponsible for any other claims, losses, liabilities, damages, costs, orexpenses concerning Google Pay, including, without limitation, any third-partyproduct liability claims, claims that Google Pay fails to conform to anyapplicable legal or regulatory requirement, claims arising under consumerprotection or similar legislation, and claims concerning intellectual propertyinfringement. Any inquiries or complaints relating to using Google Pay,including those about Intellectual Property Rights, should be directed toGoogle.

We do not recommend,endorse, or make any representation or warranty of any kind regarding theperformance or operation of your Android Device. You are responsible for selectingan Android Device and all issues relating to the operation, performance, andcosts associated with such an Android Device.

 

Limitation of liability

To the maximum extent permitted by applicable law,in no event shall we, our processors, suppliers, or licensors (or theirrespective affiliates, agents, directors, and employees) be liable for anydirect, indirect, punitive, incidental, special, consequential, or exemplarydamages, including without limitation damages for loss of profits, goodwill,use, data, or other intangible losses, that result from the use of, inabilityto use, or unavailability of Google Pay, including your use of Offramp Card inconnection with Google Pay.

To the maximum extentpermitted by applicable law, we, our processors, suppliers, and licensors (andtheir respective affiliates, agents, directors, and employees) assume noliability or responsibility for any (i) errors, mistakes, or inaccuracies ofcontent; (ii) personal injury or property damage, of any nature whatsoever,resulting from your access to or use of Google Pay, including your use of yourcard in connection with Google Pay; (iii) any interruption or cessation oftransmission to or from Google Pay; (iv) any bugs, viruses, Trojan horses, orthe like that may be transmitted to or through Google Pay by any third party;(v) any errors or omissions in any content or for any loss or damage incurredas a result of the use of any content posted, emailed, transmitted, orotherwise made available through Google Pay; and (vi) user content or thedefamatory, offensive, or illegal conduct of any third party.

 

Indemnity

You will indemnify, defend, and hold us (and ouremployees, directors, agents, affiliates and representatives) harmless from andagainst any and all claims, costs, losses, damages, judgments, tax assessments,penalties, interest, and expenses (including reasonable attorneys’ fees)arising out of any claim, action, audit, investigation, inquiry, or otherproceeding instituted by a person or entity that arises out of or relates to:(a) any actual or alleged breach of your representations, warranties, or obligationsset forth in these Terms, including any violation of our policies; (b) yourwrongful or improper use of Google Pay, including wilful misconduct or fraud;(c) your violation of any third-party right, including without limitation anyright of privacy, publicity rights or Intellectual Property Rights; (d) yourviolation of any law, rule or regulation of Hong Kong or any other country; (e)any access or use of Google Pay by any other party with your Touch ID orpersonal identification number or passcode or other appropriate security code,and (f) any change in law, regulations, guidelines or official directive orcirculars which has an effect on the Offramp Card or Google Pay, and the samemay be debited to your Offramp Card and/or shall be paid by you on demand. 

Representation and warranty

You represent and warrant to us that: (i) to theextent you identified a name at registration, the name identified by you whenyou registered your Offramp Card to be added to Google Pay is your name; (ii)you are the cardholder of all Offramp Cards you add to Google Pay; (iii) youand all transactions initiated by you or using any of the Offramp Cards addedto Google Pay will comply with all laws, rules, and regulations applicable toyou, including any applicable tax laws and regulations; (iv) you have theauthority to authorize the receipt of notices, calls and text messages from usat the phone number you provide, (v) you will not use any of your Offramp Cardthrough Google Pay for any fraudulent undertaking or in any manner to interferewith the operation of Google Pay; (vi) you will not permit any use of your OfframpCard through Google Pay by any third party; and (vii) your use of your OfframpCard in connection with Google Pay will comply with these Terms.

Removal of your OfframpCard from Google Pay

You shall follow the instructions from Google Payto remove your Offramp Card from Google Pay if you no longer wish to use your OfframpCard through Google Pay. You should also ensure that any Offramp Card isremoved from your Android Device before the disposal of the Android Device. Removingyour Offramp Card from Google Pay will not terminate your Offramp Card unlessyou also choose to terminate such by the terms of the Agreement.

 

Severability

Suppose any provision or part of a provision ofthese Terms is illegal, invalid, or unenforceable. In that case, it will besevered from them, and the remaining provisions (or parts of provisions) willcontinue in full force and effect.

 

Governing law

The same laws that govern the Agreement shallgovern these Terms.

 

Definitions

In these Terms, all capitalized words orexpressions used shall be defined and carry the same meaning  as stated inthe Definition section of the Offramp Card Program Account Agreement (“Agreement”)except for the following words described below:

“Android Device”means a device that supports the Android operating system, which Offrampdetermines, at its sole discretion, is eligible for the registration of OfframpCard to be used in Google Pay. Any devices modified contrary to the software orhardware guidelines of the manufacturer, including by turning off hardware orsoftware controls (commonly referred to as “jailbreaking”), are not eligiblefor the registration of Offramp Card to be used in Google Pay.

“Google Pay” meansthe mobile payment and digital wallet service created by Google that lets usersmake payments using specific devices that support the Androidoperating system and credit cards or debit cards registered on such AndroidDevices.

“Offramp,” “we,” or“us” means Offramp Technologies Limited and its subsidiaries.

“You” means theCompany of the Program Account related to the Offramp Card, which has beenadded to the Google Pay digital wallet on any Android Device and, as thecontext requires, includes any relevant Authorized User.

Countries
Features
FAQ
Help Center
Coming Soon
Privacy Policy
Terms of Service
Terms and Conditions
Offramp Labs (Kingsview Global Limited) is a virtual asset service provider based in Hong Kong (Cheong Sun Tower, 116-118, Wing Lok Street, Sheung Wan, Hong Kong). Offramp’s financial partners and related subsidiaries provide card-issuing services.

Company Nº 3335249 | Business Certificate Nº 75882833-000-11-23-3