This Agreement (as defined below) is applicable to all VitraCash customers and govern your use of the VitraCash Account, mobile app and website and set out certain general terms regarding the basis of your relationship with us. These terms are also applicable for all VitraCash products and services.
This Agreement becomes effective and binding on you upon the earlier of, your acceptance of these Terms or your activation or use of your VitraCard or VitraCash Account and for the entire period that you use our products or services.
You can download or print the latest version of the above terms and conditions at any time from the App.
If you do not agree with or accept any of these Terms, you should close your VitraCash Account, cancel your VitraCard and stop using the VitraCash App.
These Terms, the Cardholder Agreement and any associated agreements, as amended, supplemented and/or replaced from time to time (collectively the “Agreement”) constitute a binding agreement.
1.1 We are VitraCash Ltd, a private limited company incorporated in England and Wales with Company Number 12854518 with our registered office at 2nd Floor College House, 17 King Edwards Road, Ruislip, HA4 7AE, United Kingdom (“VitraCash”). VitraCash grant you a personal, non-exclusive, revocable, license, on the terms and conditions set out herein, to use:
1.1.1 the VitraCash mobile application software, as well as the data supplied with the software (the “App”), and any updates or supplements to it from time to time;
1.1.2 any related online or electronic documentation (the “Documentation”); and
1.1.3 the VitraCash services that you connect to via the App, and the content we provide to you through it (the “Service”),
as permitted in, and subject to, these Terms.
1.2 VitraCash operates as a UK e-money distributor of Monavate in connection with the provision of the Service.
Under these Terms:
2.1 “KYC” means “Know Your Customer” and constitutes our verification of your personal details.
2.2 “Merchant” means a retailer or any other supplier of goods and/or services that accepts the VitraCard.
2.3 “Monavate” means (i) Monavate Limited, a company incorporated in England and Wales whose registered office is at The Officers Mess Business Centre, Royston Road, Duxford, Cambridge, England, CB22 4QH, who is authorised by the FCA to issue E-Money under the Electronic Money Regulations 2011 with FCA reference number 901097 and licensed by Visa and MasterCard as a Card Issuer in certain territories or (ii) Monavate’s subsidiary company (UAB MONAVATE (Legal Entity Code: 305628001), a company incorporated in Lithuania whose registered office is at Giruliu str. 10-201, Vilnius, Lithuania) is a licensed E-Money institution registered in Lithuania and licensed by Visa and MasterCard as a Card Issuer in certain territories and is a Principal Member of Visa and MasterCard (Subsidiary), in each case, as applicable;
2.4 “Scheme” means Mastercard as applicable and as shown on your VitraCard. Mastercard is a registered trademark and the circles design is a trademark of Mastercard International Incorporated;
2.5 “Transaction” means using your VitraCard to make a payment, or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of your VitraCard;
2.6 “VitraCash Account” means the electronic money account associated with your VitraCard and which you open and use through the App;
2.7 “VitraCard” means the debit card issued to you, in connection with your VitraCash Account, in accordance with the Cardholder Agreement; and
2.8 “We”, “us”, “our” means VitraCash.
3.1 By accepting these terms, you agree to be bound by the Agreement and any terms referenced in the Agreement, which are applicable to the App, the VitraCash Account and the Services provided to you by us.
3.2 Your VitraCash Account, your VitraCard, and certain payment services linked to the VitraCard, are provided by Monavate in accordance with the Cardholder Agreement. You acknowledge and accept your entry into a direct contractual relationship with Monavate by accepting these Terms (and the Agreement) and authorise VitraCash to act on your behalf with Monavate, and its affiliates from time to time, in relation to the payment services you undertake via your VitraCard or as otherwise required under this Agreement in order to provide our Service to you.
3.3 In the event of any discrepancies between these Terms and the Cardholder Agreement, in relation to any payment services associated with the VitraCash Account and your VitraCard, the latter shall prevail.
3.4 Your VitraCash Account is an electronic money account which, by means of your VitraCard, can be used at any Merchant who accepts the Scheme to carry out Transactions.
4.1 To be eligible to use the VitraCash products and services, including, the VitraCash Account, we and/or Monavate will require you to provide us with certain documentation, photographs and information, as we may reasonably request, in order to conduct regulatory due diligence checks.
4.2 You must ensure that the information that we require from you to verify your identity and address either during the sign-up process or any time after is true, accurate, and complete. Failure to provide such additional details may delay your access to the Service or result in the suspension or termination of this Agreement.
4.3 You may only open and access a VitraCash Account if it is legal to do so in your country of residence or the country from which you are accessing it. By opening a VitraCash Account, and utilising the Service, you represent and warrant to us that your opening of a VitraCash Account does not violate any laws or regulations applicable to you. You shall pay us the amount, or we may withhold an amount equivalent, of any losses incurred in connection with your breach of this requirement. If you do not provide any verification information or cooperate as instructed with requests related to ID or address verification, within any deadline provided by us, this may result in the suspension or termination of this Agreement.
5.1 You must check all notifications and correspondence that we send to you. We normally do this via the VitraCash App and by e-mail unless we are required to do so in a more durable form. We shall not be liable to you for any loss arising out of your failure check the correspondence that we send to you.
5.2 Transactions are displayed in your online transactions history on the App together with the date of receipt or transmission (the debit value date), and any fees charged. You should check your VitraCash Account balance and transaction history regularly. In the unlikely event that you notice any irregularities, you must contact VitraCash Customer Support as soon as possible.
5.3 You must take all reasonable steps to keep your VitraCash Account username and password and any other security features safe at all times and never disclose them to anyone. Our personnel will never ask you to provide your password to us or to a third party. Any message you receive or website you visit that asks for your VitraCash Account password or other security features, should be reported to us. If you are in doubt whether a message is genuine, you should contact VitraCash Customer Support.
5.4 You must immediately change your password and contact us immediately if you have any indication or suspicion that your VitraCash Account login details, password or other security feature is lost, stolen, or otherwise compromised. Any undue delay in notifying may result in you being liable for any losses. We may suspend or terminate your access to your VitraCash Account and any Services, or otherwise restrict the functionality of both, on reasonable grounds relating to the security of the VitraCash Account, the App or any security features (whether or not you have informed us of a security breach) or if we reasonably suspect that an unauthorised or fraudulent use of your VitraCash Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
5.5 If we think your VitraCash Account is at risk of fraud or a security threat, we will use the fastest and most secure way of contacting you using the details you have provided to tell you what you need to do to help deal with that risk, unless notifying you would be unlawful.
5.6 You must always ensure that your login details are not stored by or cached or otherwise recorded.
5.7 You must notify us of any change in your personal details as soon as possible by contacting VitraCash Customer Support or updating the details in your VitraCash App. You will be liable for any loss that results from any failure to notify us of a change in your personal details. We will need to verify your new personal details and may request relevant KYC information/documents from you as applicable. We reserve the right to suspend your VitraCash Account and any other Service until we have successfully verified your new personal details and/or have received any other information/documents we have asked you to provide.
5.8 We reserve the right at any time to satisfy ourselves as to your personal details (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering.
6.1 How You May Use the App.
In return for your agreeing to comply with these Terms you may:
6.1.1 download a copy of the App onto your device, and view, use, and display the App, and the Service on such device for your personal purposes only;
6.1.2 use any Documentation to support your permitted use of the App, and the Service; and
6.1.3 receive and use any free supplementary software code, or update of the App incorporating "patches", and corrections of errors as we may provide to you.
6.2 You Must Be 18 To Accept These Terms, and Download the App
You must be 18, or over, to accept these Terms, and download the App. In accepting these Terms and downloading the App, you warrant and represent that this is the case.
6.3 How the Service Works
6.3.1 In order to utilise the Service, you must provide the requested details of each of your personal cards you wish VitraCash to provide the Service in respect of (“Payment Method”). On providing such details, you will then be able to view your relevant account details with respect to each such card and the associated account. You agree to only add Payment Methods to your VitraCash Account if you are the named holder of the account for that Payment Method. We take any violation of this requirement very seriously and will treat any attempt to add a Payment Method of which you are not the named holder as a fraudulent act and reserve the right to suspend and/or terminate this Agreement if such act is reasonably suspected or has occurred.
6.3.2 Once done, you can then use your VitraCard as a form of debit card whereby you can execute Transactions.
6.3.3 Once a Transaction occurs, VitraCash will utilise its proprietary algorithm in determining which of your registered cards is likely to be most suitable for that Transaction, subject to any perimeters you have set on the VitraCard App.
6.3.4 VitraCash will then charge the selected card the Transaction price (plus the Fee (as defined in clause 22)) and on receipt of the consideration for the Transaction, pay the Transaction price (less the Fee) to the Merchant.
6.4 The electronic money briefly held on your VitraCash Account in accordance with clause 6.3.4 does not earn any interest and belongs to the Merchant. Electronic money accounts are not regulated bank accounts. In entering into these Terms you acknowledge and agree that the UK’s Financial Services Compensation Scheme (FSCS) does not apply to your VitraCash Account.
By accepting these Terms, and/or using the App, you agree to us using your data and the details of your cards, to make and/or receive payments on your account as stated in this clause 6.
VitraCash is not responsible for, or liable in respect of, the processing of any payments by your card issuer.
6.5 Your Responsibilities
6.5.1 It is your responsibility to:
126.96.36.199 ensure that each third-party card registered with the Service has sufficient capital and/or credit available when used for a Transaction; and
188.8.131.52 keep your VitraCard, card details and pin safe and secure. You are fully responsible and liable for all activity that occurs in relation to your VitraCard.
6.5.2 Fees will still be charged for each use of the VitraCard irrespective of whether:
184.108.40.206 sufficient capital or credit is available to settle any Transaction; or
220.127.116.11 your bank or the relevant third-party card provider or scheme facilitates a “chargeback” (i.e. money is reimbursed to you in respect of a Transaction or due to the return of purchased products). You acknowledge that the consequence of a chargeback is determined by the relevant third-party card provider or scheme, and such consequences may include the disapplication of any card-based benefits.
6.6 Prohibited Transactions
6.6.1 It is strictly forbidden to send or receive payments as consideration for the sale or supply of: tobacco products, prescription drugs, drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party, un-coded/miscoded gaming, timeshares or property reservation payments (On and Off Plan). We reserve the right, in our sole discretion, to add categories of prohibited transactions to these Terms.
6.6.2 It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your VitraCash Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your VitraCash Account for or in connection with illegal gambling transactions. This list is not exhaustive and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.
6.6.3 It is strictly forbidden to use your VitraCash Account for any illegal purposes including but not limited to fraud and money laundering. We will investigate and report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your VitraCash Account in an attempt to abuse, exploit or circumvent the restrictions imposed by a merchant or any third-party provider on the services it provides.
6.6.4 It is strictly forbidden to use the Service to abuse, exploit or circumvent the usage restrictions imposed by a Merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full.
6.6.5 If you conduct or attempt to conduct any Transaction in violation of the prohibitions contained in this section or otherwise in this Agreement, we reserve the right to: reverse the Transaction (or facilitate its reversal); and/or terminate this Agreement and/or close or suspend your VitraCash Account; and/or report the Transaction to the relevant law enforcement agency; and/or claim damages from you.
6.6.6 It is your and not our responsibility to ensure that you only enter into Transactions with Merchants who are in compliance with applicable laws and regulations. The mere fact that payments are made through your VitraCash Account by us is not an indication of the legality of the supply or provision of any goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.
7.1 You may close your VitraCash Account via the App. You must not have any disputes or chargebacks which are still pending at the time of instructing the closure. Should there be any negative balances or liens placed onto your account due to outstanding disputes or chargebacks, these will need to removed or resolved before your VitraCash Account can be closed. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your funds.
7.2 We shall have the absolute right to set-off, transfer, or apply sums held in your VitraCash Account in or towards satisfaction of all or any liabilities and fees owed to us or Monavate, as applicable, that have not been paid or satisfied when due.
8.2 Please be aware that internet transmissions are never completely private or secure, and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
The ways in which you can use the App, and any Documentation, may also be controlled by the rules and policies of the relevant mobile application store from which you downloaded the App. Accordingly, such store’s rules and policies will apply in addition to these Terms. Where there is any inconsistency between these Terms and the relevant terms of the App Store from which you downloaded the App, the App Store’s terms will take precedence save for any term relating to the granting of the licence hereunder, intellectual property rights, liability and the use of data.
The App has been designed to operate on a wide range of mobile device operating systems and specification types. Whilst every effort is made to ensure cross platform and device specification compatibility, it will not always be possible to guarantee the best performance of the App. Always ensure you use a recent device model and operating system version to ensure the best possible performance.
11.1 Contacting us (including with complaints). If you think the App or the Services are faulty, or misdescribed, or wish to contact us for any other reason please email our Customer Support Services on firstname.lastname@example.org. You can also contact our Customer Support Services directly through the App, by accessing the App chat function.
11.2 How we will communicate with you. If we have to contact you, we will do so by email, through your direct messages within the app, or using the contact details you have provided to us.
VitraCash may charge you a fee for replacement cards if such reason is due to your negligence, misconduct or fraud (including, without limitation, if you lose your card).
We are giving you, personally, the right to use the App, the VitraCash Account and the Service as set out above in the section “HOW YOU MAY USE THE APP". You may not otherwise transfer the App, the VitraCash Account or any of the Services, to someone else, whether for money, or any other item which can be legally accepted as a transactional fee in the normal course of trade, or for free. If you sell any device on which the App is installed, you must remove the App from it. Failure to do so will be deemed a material violation of these Terms.
14.1 We may need to change these Terms from time to time, without notice, to reflect, without limitation, changes in law or best practice, or to deal with additional features or services which we introduce. If we change these Terms to reflect changes in the costs or expenses that we incur in providing our products and services to you, such that you will incur extra costs or expenses, or otherwise the changes have a negative effect on you, then generally we will provide you with 60 days’ advance notice.
14.2 We will notify you of any change to these Terms by email at your registered email address. If you do not accept the changes, you must notify us and this will serve as notice to close your VitraCash Account and terminate this Agreement. If you do not notify us that you do not accept the proposed changes, then these will be deemed accepted.
15.1 From time to time, we may automatically update the App, and change the Service to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to update the App for these reasons.
15.2 If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the App, and the Services.
If you download the App onto any phone, or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone, or other device.
18.1 Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’, and licensees’ transmission, collection, retention, maintenance, processing, and use of your location data, and queries to provide, and improve our products and services, and for our own internal research purposes.
18.2 You may stop us collecting such data at any time by turning off the location services settings on your phone, or the App.
19.1 The App may contain links to other independent websites or applications which are not provided by us. Such independent sites are not under our control, and we are not responsible for, and have not checked and/or approved their content, or their privacy policies (if any).
19.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or Services offered by them.
You agree that you will:
20.1 except as otherwise indicated in these Terms; not rent, lease, sub-license, loan, provide, or otherwise make available, the App, your VitraCash Account or the Services in any form, in whole, or in part, to any person without prior written consent from us;
20.2 not copy the App, your VitraCash Account, any Documentation, or Services, except as part of the normal use of the App, or where it is necessary for the purpose of back-up, or operational security;
20.3 not translate, merge, adapt, vary, alter, or modify, the whole, or any part of the App, your VitraCash Account, any Documentation, or Services, nor permit the App, or the Services, or any part of them to be combined with, or become incorporated in any other programs, except as necessary to use the App, and the Services on devices as permitted in these Terms;
20.4 not disassemble, de-compile, reverse engineer, or create derivative works based on the whole, or any part of the App, your VitraCash Account, or the Services, nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App, or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
20.4.1 is not disclosed or communicated without the Licensor's prior written consent to any third party, to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
20.4.2 is not used to create any software that is substantially similar in its expression to the App;
20.4.3 is kept secure; and
20.4.4 is used only for the Permitted Objective; and
20.5 comply with all applicable technology control, or export laws and regulations that apply to the technology used, or supported by the App, your VitraCash Account or any Service.
21.1 not use the App, your VitraCash Account, or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into, or inserting malicious code, such as viruses, or harmful data, into the App, any Service, or any operating system;
21.2 not infringe our intellectual property rights, or those of any third party in relation to your use of the App, your VitraCash Account or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
21.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App, your VitraCash Account, or any Service;
21.4 not use the App, your VitraCash Account, or any Service in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users; and
21.5 not collect or harvest any information, or data from your VitraCash Account or any Service or our systems, or attempt to decipher any transmissions to or from the servers running any Service;
21.6 not refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us
21.7 refuse or fail to provide further information about you or your activities that we may reasonably request; or
21.8 reveal your mobile passcode to anyone or use anyone else’s App.
22.1 As consideration for using our Services, VitraCash shall charge you the following fees as stated here.
All intellectual property rights in the App, our website, your VitraCash Account, the Documentation, and the Services throughout the world belong to us (or our licensors), and the rights in the App, and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation, or the Services other than the right to use them in accordance with these Terms.
24.1 We, or the third-party licensors retain the ownership of any third-party data displayed or otherwise made available through the App and/or your VitraCash Account. You expressly disclaim any right to the same, other than the licence granted herein.
24.2 You hereby grant to us a non-exclusive, royalty-free, perpetual, worldwide licence to host, use, copy, store, collect, process, transmit, retain, publish, and display your data: (i) to the extent permitted in these Terms, or as otherwise necessary for the purposes of the provision of any part of the Service to you; or (ii) to enable us to perform our obligations hereunder, or under any third-party licence.
24.3 You hereby grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use your data on an anonymous basis, such that we may aggregate such anonymised data with the anonymised data of other customers, and any third parties. Ownership of such anonymised and aggregated data, and all intellectual property rights thereto, will belong to us, or shall immediately vest in us upon its creation (as the case may be).
25.1 Our App is provided on an "as is," "as available" basis and without any representation or warranty, whether express, implied or statutory.
25.2 Neither VitraCash (and the officers, directors, agents, joint venturers, employees and suppliers of VitraCash), nor any third party, give any warranty, express or implied that (i) the Services or any output from the Services will be correct, accurate, complete or fit for any purpose; (ii) the availability of any part of the Services will be uninterrupted, timely, secure or error-free; (iii) defects or any errors in any part of the Services will be corrected; (iv) any part of the Services will meet any particular criteria of performance or quality; (v) the results obtained from use of any part of the Service will be accurate or reliable or that the quality of any part of the Service will meet your expectations; or (vi) you will receive any of the benefits advertised by the relevant card schemes/providers when utilising your VitraCard.
25.3 All conditions, warranties or other terms which might have effect between us or be implied or incorporated into these Terms, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
26.1 We are responsible to you for reasonably foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable and direct result of our breaking these Terms, or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
26.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
26.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or, at our option, pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge, or for damage that was caused by you failing to correctly follow installation instructions, or to have in place the minimum system requirements advised by us.
26.4 We are not liable for business losses. The App is for domestic, and private use. If you use the App for any commercial, business, or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
26.5 Limitations to the App and the Services. The App, and the Services are provided for purposes of automating card selection processes in order to obtain applicable benefits under each of your personal cards, based on which card is deemed by VitraCash, at its discretion, to be the most appropriate with respect to an individual purchase (“Purpose”). Advice on which you should rely is not offered by means of the App or by VitraCash. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App, or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
26.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App, or the Service.
26.7 Check that the App and the Services are suitable for you. The App, and the Services have not been developed to meet your individual requirements. Please check that the facilities, and functions of the App, and the Services (as described on the App Store) meet your requirements.
26.8 We are not responsible for events outside our control. If our provision of the Services, or support for the App, or the Services, is delayed or otherwise impacted by an event outside our control then we will not be liable for any default that arises or may arise directly or indirectly from the same.
26.9 Use of the App at your own risk. The App, and the Services are provided for the Purpose. You acknowledge that each card scheme (i.e. the relevant scheme under which your personal cards form part) and each provider of such cards (i.e. your personal bank) may update and/or change certain benefits relating to the card type, from time to time. Vitracash will use best endeavours to ensure that the appropriate card is used in each transaction. However, you agree and acknowledge that VitraCash makes such choice at its own discretion and shall not be liable to you for any losses you may suffer as a result of such choice being made by VitraCash (i.e. certain levels of interest being charged under a chosen credit card or failure to obtain a preferred benefit, such as travel insurance). Accordingly, you give VitraCash full right to make the relevant card choice on your behalf without having to obtain your approval for each transaction undertaken utilising the Services. Accordingly, you use the App at your own risk.
26.10 Liability of VitraCash is limited. Subject to clause 26.2, the total liability of VitraCash (whether stated in this clause 23 or otherwise determined), whether in contract, tort (including negligence) or otherwise and whether in connection with this licence, the Service or any collateral contract, shall in no circumstances exceed a sum equal to the Fees paid during the six (6) month period immediately before the date on which the cause of action first arose.
26.11 Tax. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your Transactions, or for collecting, reporting or remitting any taxes arising from any Transaction.
27.1 We have the right to terminate these Terms at any time, by giving you at least 60 days’ advance notice. The termination of these Terms will not affect any of our rights or your obligations already set out under these Terms. You may terminate these Terms at any time, in accordance with these Terms.
27.2 We may immediately suspend or terminate your right to use the App, the VitraCash Account and Services at any time by contacting you if we reasonably believe or know that you have breached this Agreement (including, without limitation, the Cardholder Agreement), or, otherwise, if you act or fail to act in a way which we determine (acting reasonably) negatively impacts our business operations and/or reputation and/or goodwill and/or may give rise to any offence or any increased risk or liability to us, or otherwise, if you pass away/when we are notified of your death.
27.3 If what you have done can be corrected or amended, we may give you a reasonable opportunity to do so.
27.4 If we end your rights to use the App and Services:
27.4.1 You must stop all activities authorised by these Terms, including your use of the App, the VitraCash Account, the VitraCard and any Services;
27.4.2 You must delete or remove the App from all devices in your possession, and immediately destroy all copies of the App which you have, and confirm to us that you have done this;
27.4.3 We may remotely access your devices, and remove the App from them, and cease providing you with access to the Services.
Please note that this section will not impact any of your or our rights or remedies accrued up to the termination date.
We may transfer or assign our rights and obligations under these Terms to another organisation. We will always tell you in writing before this happens. After notice is received by you, you may object to the assignment or transfer before the assignment or transfer takes effect. If you notify us that you object to the assignment, this will serve as notice that you wish to terminate these terms and close your VitraCash Account in accordance with these Terms.
You may only transfer or assign your rights, or your obligations under these Terms to another person if we agree in writing.
These Terms do shall give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for any third party to enforce any term hereunder.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date.
These Terms are governed by English law, and by using the App you agree to the exclusive jurisdiction of the courts of England and Wales.
Thank you for taking the time to read this document fully.