Terms of service | MY Crypto Card

TERM OF SERVICE

My Crypto Card Pty Ltd, and/or its affiliates (“we,” “our,” or “us”), offers its software services through our website at mycryptocard.io. We also have associated products (collectively, "Services" or "My Crypto Card"). Before using our Services, it’s important to carefully read our Terms of Service (the "Terms") and any other policies or notices related to our website.

Agreement to Terms

By using any of our Services, you confirm that (i) you have read and understand our Terms, (ii) you agree to follow these Terms, and (iii) you are legally allowed to accept these Terms. If you don’t agree with these Terms or any changes we make to them, please don’t use our Services. Please note, WE DO NOT OFFER FINANCIAL OR INVESTMENT ADVICE. WE PROVIDE TECHNOLOGY SERVICES, WITHOUT MAKING ANY RECOMMENDATIONS ABOUT DIGITAL ASSET TRANSACTIONS OR OPERATIONS. Remember, any decision to perform transactions with digital assets should be decided by you.

Privacy Policy

To understand how we collect, use and disclose our users’ information, please check our Privacy Notice. By using our Services, you accept and agree that we will manage your information (including any personal data you give us) following the terms in our Privacy Notice.

Updates to Terms or Service

We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the revised Terms on our website or through other methods of communication which we deem reasonable. Such revised Terms as posted will take effect immediately, unless otherwise indicated. You should regularly check our website to inform yourself of any such changes and decide whether or not to accept the revised version of these Terms. If you continue to use My Crypto Card following any update or modification of the Terms you shall be deemed to have accepted the revised Terms. If you do not agree to the Terms or any update or modification to the Terms, you must cease to access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, and at our sole discretion.

Eligibility

To be eligible to use My Crypto Card:

You must be an Australian resident and at least eighteen (18) years old and legally competent to enter into these Terms.

You must not be located in, or a resident, national, or entity established under the laws of any jurisdiction that is subject to comprehensive sanctions administered by the Australian Government, including those imposed under the Autonomous Sanctions Act 2011 (Cth) or any relevant United Nations Security Council sanctions regime. This includes, but is not limited to, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, as may be updated from time to time.

You must also not be listed on, or owned or controlled by any person or entity listed on:

the Consolidated List maintained by the Australian Department of Foreign Affairs and Trade (DFAT),
the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), including the Specially Designated Nationals (SDN) List and Foreign Sanctions Evaders List,
the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) Entity List,
the United Nations Security Council Consolidated Sanctions List,
any sanctions list maintained by the United Kingdom government, the European Union or its Member States,
or any other sanctions authority relevant to your activities.

Nothing in this website or the Platform should be considered an offer or solicitation to buy or sell any service or product to any person in any jurisdiction where such offer or solicitation would be unlawful.

Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our Services with legally-obtained funds that rightfully belong to you. By using My Crypto Card, you represent and warrant that you meet all eligibility requirements that we outline in these Terms.

Notwithstanding the aforementioned conditions, we maintain absolute discretion to prohibit certain individuals from accessing or utilising My Crypto Card. Additionally, please note that we reserve the right to modify our eligibility criteria at any given time, in accordance with relevant laws, regulations, and company policies.

Services

My Crypto Card serves as a non-custodial wallet software intended for digital assets such as cryptocurrencies, virtual commodities, and NFTs ("Digital Assets"). Allowing Users to perform the following actions in respect of a wallet:

Generate wallet addresses (public and private keys) and select associated password that enable you to send and receive various digital assets;
Conduct swaps to fiat by independent third-party service providers;
Gain access to digital asset price information provided by independent third-party service providers; and
Broadcast Digital Asset Transaction data to various blockchain networks supported by My Crypto Card, thus eliminating the need to download or install the respective blockchain-based software into your local device.

Please remember that your usage of My Crypto Card’s features and services underpins your acceptance of the risks associated with digital asset management and transaction activities, including network variability, cybersecurity threats, and market volatility.

Private Key

The private key is a digital asset that is to be distinguished from the Crypto-asset that are the subject of a Transaction performed via the blockchain. Crypto-assets that are the object of Transactions are registered on the corresponding blockchain. The private key is a code generated by the Wallet.

The Wallet services provided by My Crypto Card concern non-custodial Wallets, meaning that My Crypto Card is not ensuring the custody of private keys of its Users.

The User is the only one with access to and control over its private keys. The User has full control over its private key, and subsequently full control over the Wallet and its Crypto-assets.

If the User loses its password and therefore access to the private key, its Crypto-assets may be lost.

To mitigate private key loss My Crypto Card has put in place a technical solution using the services of Amazon Web Services, to enable Users to use a self-recovery tool for recovering their private key.

My Crypto Card is however not involved in the recovery process and does not guarantee successful recovery. My Crypto Card can thus not be held responsible for private key loss.

‍The data provider holds is securely and redundantly stored on servers controlled by a third party. The data is protected against access by the third-party provider, who is only making available data storage space. My Crypto Card shall make backups on a regular basis.

My Crypto Card is not responsible for data loss, hacking of the data or inaccessibility of data due to negligence or fault of a third party provider.

Buy Digital Assets with Supported Credit or Debit Cards

If you opt to use My Crypto Card to purchase Digital Assets with your credit or debit card, the chosen amount will be converted into the applicable Digital Asset and credited to your wallet by a third-party entity. As you do so, it’s important to acknowledge and agree that:

(i) My Crypto Card is not liable for, nor does it hold any responsibility related to, your usage of this third-party service. It can’t be held accountable for any losses incurred during this process;

(ii) When using this service, you are bound by any terms and conditions set forth by the specific third-party service provider. My Crypto Card has no influence over these terms and can’t intercede on your behalf should any disputes arise;

(iii) Once your request has been submitted, My Crypto Card doesn’t have the power or authority to revise, rescind, or cancel any conversion requests. The transaction is entirely out of My Crypto Card’s hands;

(iv) My Crypto Card is not responsible or liable in any way for the exchange rates offered by the involved third-party service provider. This includes any fluctuation in rate that may occur post-transaction;

(v) My Crypto Card doesn’t shoulder responsibility for any fees imposed by the relevant third-party service provider or your bank or credit card issuer. Any additional charges incurred during the transaction process rest solely on your account.

By choosing to buy Digital Assets via My Crypto Card, you acknowledge these terms and consent to bear any risks associated with this type of transaction.

Digital Asset Transactions

For all intended Digital Asset transactions to be effectuated, they must be validated and chronicled in the respective Digital Asset’s public blockchain. These networks, which are decentralized and peer-to-peer, are bolstered by independent third parties and are not under the ownership, control, or operation of My Crypto Card.

My Crypto Card has no control over these blockchain networks and, therefore, cannot guarantee the confirmation and execution of any transaction details that you submit via our Services. By opting to use My Crypto Card, you must acknowledge and consent to the following:

(i) My Crypto Card is not equipped to cancel or modify your transaction;

(ii) Blockchain networks might delay or fail to complete the transaction details you’ve submitted;

(iii) My Crypto Card does not store, transmit, or receive Digital Assets. All related actions occur wholly within the framework of the applicable blockchain protocol;

(iv) Any transfer that relates to any Digital Asset is processed on the applicable blockchain network and not on a network owned or operated by My Crypto Card, and therefore, My Crypto Card cannot guarantee the transfer of title or rights in any Digital Asset.

By employing My Crypto Card’s services, you accept all inherent risks associated with the transaction process and the volatile nature of Digital Assets.

Accuracy of Information Provided by User

You represent and guarantee that any information you provide via the Services is precise and comprehensive. You accept and understand that we hold no responsibility for any errors or omissions made by you in any Digital Asset transactions initiated via the Services. To avoid potential issues, we strongly urge you to meticulously review the details of your transaction before initiating a Digital Asset transfer.

Wallet Registration and Security

To utilise My Crypto Card, you will need to create a new wallet. Upon the creation of a wallet, a private key will be generated for you. In the event of unauthorised use of your private key or any other security breaches related to your wallet, you agree to notify us immediately. However, you understand and agree that all risks associated with the use of our Services are assumed by you, and you will bear full responsibility for maintaining the confidentiality and security of your password. We hold no liability for activities on your wallet, whether they are authorised by you or not.

SMS or Email Notifications

By opting to receive sms or email notifications from My Crypto Card, you will be alerted about congestion in the blockchain networks supported by My Crypto Card and when transactions involving your wallet are completed.

Third Party Services and Content

Our platform connects you to a variety of services provided by our partners, which include but are not limited to buying and selling of cryptocurrencies, services to display balances in fiat currency and cryptocurrency rate displays. Note that we do not have any control over these third-party services ("Third Party Services").

Your engagement with these services and the associated informational content, products, or services ("Third Party Content") is purely voluntary, and any reliance on such content is done at your own risk. While this Agreement regulates your engagement with our service, your interaction with Third Party Content and Services will likely be subjected to additional terms and conditions set by the respective third-party providers. These additional terms might involve separate charges, disclaimers, risk warnings, and privacy policies distinct from ours. It’s your responsibility to understand and acknowledge these terms, including how these providers handle your personal information.

By interacting with the Third Party Services, you attest that you have read, understood, and agreed to the provider’s terms. Though we make an effort to partner with trustworthy entities, we do not endorse or guarantee their offerings, nor do we assure the success of their services. We deny any liability and responsibility related to your use of these Third Party Services.

Any disputes or complaints relating to these services should be directed to the respective third-party provider. We bear no responsibility for any issues that might arise from your interactions with these services.

It is important to note that any mention or reference to a third-party product or service does not indicate an endorsement or approval from our end. We reserve the right to modify or withdraw the availability of any third-party service at our discretion.

You have the option to receive push notifications from third parties. To receive these notifications, you must explicitly agree to it as they will not be automatically enabled on your device.

We do not ensure the validity of third-party content provided through these notifications, including but not limited to information about token availability or sales.

If you grant access to a third party to your account within the permissions defined by our wallet, it does not exempt you from any responsibilities detailed in these Terms. You remain entirely responsible for all the actions or inactions of any third party that access your wallet.

Payment and Fees

The fees related to the Services, or any aspect thereof, are primarily established by our third-party partners and are available on mycryptocard.io. These fees can include, but are not limited to, cost for registration, transaction fees, withdrawal fees, gas fees, or charges for specific services offered by our partnering entities. Please note that these charges are controlled by the third-party entities and we neither influence nor regulate the creation or modification of these fees.

We stress that these fees transpire from third-party entities that we neither control nor influence in terms of fee creation or adjustment. These partners reserve the right to revise their fee structure independently, as per their discretion.

In certain instances, My Crypto Card may receive a revenue share from such fees exercised by third parties. However, receiving revenue does not grant us any control or decision-making power over these charges.

Any update or adjustment to such fee structure will be promptly reflected on our website and/or mobile application. Your continued use of our Services following such updates indicates your acceptance of these changes. We recommend that users regularly check our website and mobile app to stay informed about the currently applicable fees.

Upon posting online, any new fee information comes into effect immediately unless stated otherwise. It remains your responsibility to stay informed about the current fee structure.

Moreover, it’s essential to understand that third-party services, including blockchain networks, could add additional transaction processing fees. These added charges fall outside our jurisdiction and influence. Hence, we disavow any responsibility for fees associated with third-party services.

Transaction Fees

Your virtual currency transactions may incur transaction fees, such as mining fees, which are mandated by the virtual currency system or blockchain network you choose to use.

It is crucial to note that we hold no control or influence over these fees or the fee setting mechanisms of third-party systems. Consequently, we are not liable for any transaction failures or financial losses you may experience due to inappropriately entered transaction fees (for instance, fees that are set too low or too high).

For the sake of clarity, we do not have access to your or anyone else’s transactions due to the non-custodial premises of our Services. We manage no transactions nor retain any private keys associated with any wallets.

Taxes

Your tax obligations concerning your transactions made through our Services are solely your responsibility. You are required to determine what, if any, taxes apply to your transactions. Moreover, it is incumbent upon you to report and submit the correct tax amounts to the appropriate tax authority.

We expressly clarify that our role does not include determining if taxes apply to your transactions. We are not in the business of collecting, reporting, withholding, or remitting any taxes arising from any Digital Asset-related transactions. Thus any tax obligations that accrue from your transactions through our Services is a matter for you and the applicable tax authorities.

Intellectual Property

All intellectual property rights vested in texts, images or any other content found on or related to the Platform are owned by the Company. Accordingly, Users may not copy, distribute, reproduce, republish, upload, transmit, modify, post, frame-in or otherwise use in any way any such content without the prior express written authorization of the Company.

The Company's property or that of our vendors or licensors is protected by patent, trademark and/or copyright laws of Australia and may not be used without the Company's express written consent.

The Company may take any action available in law or equity to protect its intellectual property and to remedy any breach or potential breach of its rights, including by seeking an injunction to prevent a breach of its rights.

License

Subject to your agreement and adherence with these Terms, we provide you a non-exclusive, non-sublicensable, and non-transferable license to utilise My Crypto Card strictly for your personal use. Unless otherwise explicitly stated in these Terms, you are prohibited from: (a) reproducing, altering, adapting, or creating derivative works of any part of My Crypto Card; (b) leasing, distributing, selling, sublicensing, transferring, or enabling access to My Crypto Card; (c) using My Crypto Card for the benefit of any third party; (d) integrating My Crypto Card into any product or service you offer to a third party without our prior written approval; (e) circumventing mechanisms in My Crypto Card designed to limit your use; (f) performing reverse engineering, disassembling, decompiling, translating, or seeking to extract or derive the source code, including images and texts, underlying concepts, algorithms, file formats, or non-public APIs to My Crypto Card, except as expressly permitted by law (after giving advance notice to us); (g) removing or obscuring any proprietary or other notices integrated into My Crypto Card; (h) using My Crypto Card for competitive analysis purposes or to develop competitive products.

Feedback

You may, on occasion, decide to provide us with feedback. We reserve the right to freely use, copy, disclose, license, distribute, and exploit any feedback related to My Crypto Card in any manner without any obligation, royalty, or limitation based on intellectual property rights or other restrictions. None of the feedback will be considered as your Confidential Information, and there’s no constraint in this Agreement that limits our right to independently use, develop, evaluate, or market products or services, whether incorporating your feedback or not.

Content

My Crypto Card may encompass copyrighted material and trademarks including, but not limited to, text and graphical content ("the Content"), subject to protection by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise explicitly stated, we exclusively retain ownership of the Content. Your use of My Crypto Card confers no right, title, or interest in the Content to you. You concur that you will refrain from copying, reproducing, modifying, republishing, uploading, posting, transmitting, distributing, collecting, selling, licensing, creating derivative works from, or exploiting the Content, wholly or partly, irrespective of the method employed.

Your Use of My Crypto Card

You agree and warrant that your use of our Services will fully comply with all applicable laws. This includes any local, provincial, state, federal, national, or international laws relevant to your usage. You commit to abstain from utilising our Services for funding, supporting, or taking part in any illegal activities including, but not limited to, prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities. This agreement clarifies that if any violation of these Terms and/of any applicable laws or regulatory requirements such as the Bank Secrecy Act are discovered, we reserve all rights and remedies under these Terms and at law, and we will resort to all necessary measures against you.

Additionally, you agree to:

(i) Refrain from encouraging or inducing any third party to participate in any of the activities prohibited under this section.

(ii) Not impersonate another individual, or authorize or attempt to authorize another user’s wallet without permission. Furthermore, refrain from any use of our Services that might interfere, disrupt, adversely affect, or hinder other users from fully enjoying our Services.

(iii) Not distribute any virus or other harmful computer codes through My Crypto Card.

(iv) Not perform any action that could pose an unreasonable or disproportionately large load on our or any of our third-party providers’ infrastructure.

(v) Not engage in reverse engineering nor bypass or endeavour to bypass any measures we may use to prevent or restrict access to the Services, this includes, but is not limited to, other accounts, computer systems, or networks connected to the Services.

(vi) Respect, not violate, misappropriate, nor infringe the rights of My Crypto Card, our users, or others, including privacy, publicity, intellectual property rights, or any other proprietary rights.

While we are not obligated to monitor any user content, we maintain full discretion to initiate any actions at any time and for any reason without notice should you breach these Terms. Any use of My Crypto Card not explicitly authorised in these Terms, devoid of our prior written consent, is rigorously prohibited and will lead to an immediate termination of your license to use My Crypto Card without notice.

By using the Services, you acknowledge and accept that you may be exposed to content that may be offensive, indecent, or objectionable. We bear no responsibility and assume no liability for any user content, inclusive of any loss or damage to any of your user content.

Limitation of Liability & Disclaimer of Warranties

You acknowledge and accept that My Crypto Card cannot control, nor is obligated to act regarding: (i) potential failures, disruptions, mistakes, or delays in the processing of Digital Assets during your usage of the Services; (ii) chances of hardware, software, and internet connectivity failures; (iii) the risk of malicious software being introduced or discovered in software underpinning My Crypto Card; (iv) the possibility of unauthorized third-party access to your wallet information, including, but not limited to, your wallet address, private key, and Secret Phrase; and (v) the risk of unknown vulnerabilities or unforeseen changes in the relevant blockchain networks.

You agree to hold us harmless and release us from all liability relating to any losses, damages, or claims resulting from: (a) user errors such as forgotten passwords, misconstructed transactions, or mistyped Digital Asset addresses; (b) server failure or data loss; (c) unauthorized access to the My Crypto Card application; (d) bugs or other faults in the My Crypto Card software; and (e) unsanctioned third-party activities, including, but not limited to the employ of viruses, phishing, brute forcing, or other potential attack vectors against My Crypto Card.

We do not represent or warranty any Third-Party Content contained in or accessed through our Services. The terms, conditions, warranties, or representations associated with such content are solely between you and such respective parties.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DIRECT DAMAGES OR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE MY CRYPTO CARD SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN OUR SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS OUR WEBSITE, MY CRYPTO CARD OR THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE WEBSITE, MY CRYPTO CARD APPLICATION OR ANY OTHER ASPECT OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED AUSTRALIAN DOLLARS ($AUD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.

Warranty Disclaimer

MY CRYPTO CARD IS PROVIDED "AS IS" AND “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY ASPECT OF THE INFORMATION, CONTENT, OR THE SERVICES, WHETHER PROVIDED OR OWNED BY US, OR BY ANY THIRD PARTY OR CONTAINED IN ANY THIRD PARTY MATERIALS OR ON ANY THIRD PARTY WEBSITES ACCESSIBLE OR LINKED TO OUR WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR GIVE WARRANTIES THAT THE ACCESS TO MY CRYPTO CARD OR USE OF THE SERVICES AND THE FUNCTIONALITY THEREOF WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning My Crypto Card; (c) violation of any Third Party Content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.

The Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim is permanently barred.

Termination of Product

The Company may close the Product at any time. Reasonable notice (30days) will be provided to all User’s to allow them to decide how to close their Wallet. Options will include: (1) Selling all tokens currently held on Activated Cards via the standard Token Sale process; (2) A User may opt to retrieve the Private Key associated with the Tokens on their Card. This allows the Tokens to remain in the custody of the User, however once the Private Key has been delivered to the User, the agreement with the Company is considered terminated and the User assumes complete responsibility for the management and security of the Tokens in the wallet.

Termination of Service

A User may cease interactions with the Company at any time by notification to the Company in the form determined by the Company.

The Company may suspend or terminate a User's Account at any time immediately upon written notice to the User for any reason, including without limitation for: (1) attempts to gain unauthorized access to the Platform or another User's Card or providing assistance to others attempting to do so; (2) overcoming software security features limiting use of or protecting any content; (3) using the Platform to perform illegal activities such as money laundering, terrorism financing, paying of ransomware, online gambling or other criminal activities; (4) violations of these Terms; (5) failure to pay or fraudulent payment for Transactions; (6) unexpected operational difficulties; or (7) requests by law enforcement or other government agencies; (8) Abusive behaviour.

The Company may by notice to Users discontinue or modify the Platform and/or revise or terminate these Terms at any time in accordance with these Terms. Users are deemed to have accepted these revisions or termination to the extent that they continue using the Platform.

Subject to these Terms and applicable laws, within 60 days of closure of a User's Card, whether by the User or the Company, the Company must (insofar as it is possible):

In respect of any Token held in the User's Account, in its absolute discretion either:
sell the Tokens at the prevailing market price and pay the amount raised to the User's nominated bank account.

The User also agrees that the Company may, in its sole discretion by giving notice, terminate Users' access to the Platform, prohibit access to the Platform and its content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent the User's access to the Platform if the Company, in its exclusive discretion, believes that the User has breached or may breach these Terms or is otherwise acting inconsistently with the intentions of these Terms.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

Severability

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term shall not affect or impair the validity or enforceability of any remaining part of that term, clause or provision or any other terms, clauses or provisions of these Terms.

Governing Law

These Terms and User's use of the website and the Platform will be governed by the laws of New South Wales, Australia. All Users submit to the non-exclusive jurisdiction of the courts of New South Wales.

Force Majeure

We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any acts of God, acts of civil or military authorities, acts of terrorism, civil or industrial disturbances, blockages, embargoes, war, strikes or other labour disputes, fire, earthquakes, storms or other nature-related events, interruption in electrical telecommunications or Internet services or network provider services, failure of hardware equipment and/or software or other utility failures, smart contract bugs or weaknesses, technological changes, changes in interest rates or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol, other catastrophe, or any other occurrences which are beyond our reasonable control, and shall not affect the validity and enforceability of any remaining provisions. If we are unable to perform our Services outlined in the Terms due to factors beyond our control, including, but not limited to, the aforementioned force majeure events or changes in applicable laws and/or sanctions policies, we shall not be liable for the Services provided under these Terms during the time period coincident with the event in question.

Assignment

You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms without any notice or consent from you. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

No Third Part Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

Entire Agreement

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided for above, any modification to these Terms must be in writing and must be signed by both parties.

Notices

Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your account and your use of the Services.

Questions or Comments

If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of My Crypto Card and our Services or any other matter please send us a message on our contact page at hello@mycryptocard.io.