LOOKCARD.IO PLATFORM GENERAL TERMS AND CONDITIONS
- INTRODUCTION
These lookcard.io Platform General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Cardholder” or “you”) and any holding company, subsidiary or entity belonging to the LookCard group of companies (“LookCard” or “we”), while you and LookCard are hereinafter separately referred to as “Party” and jointly – as “Parties”, in regard to your use of the services provided by LookCard, and constitute a legally binding agreement (“Agreement”) between the Parties.
You shall take your time and carefully read these General Terms before using the services provided by LookCard, so you are fully aware of your rights and obligations. Keep in mind that by using these services (even only by completing the sign-up process), you both actively agree with these General Terms and enter contractual relations with LookCard. - DEFINITIONS
- Applicable Law means any law, statute, regulation, ordinance, treaty, guideline, policy, and act issued by any governmental or regulatory authority, including but not limited to the governing law under Section 17 of these General Terms and/ or any provision of the general terms and conditions of the relevant LookCard.
- Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday, or a public holiday).
- lookcard.io Platform means any LookCard website, mobile application, and any other official LookCard communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.
- LookCard Services means all services provided by lookcard.io app.
- Current Account Wallet means a digital wallet in the LookCard Platform for all the users where it is a wallet comprising the Digital Assets, intended to be used for deposit or repayment for LookCard Credit Card, to transfer digital assets among LookCard Platform users etc.
- Digital Assets means any digital assets (such as stable coins and tokenized assets), accepted, and supported by LookCard, and subject to revision, prohibitions, and limitations at any time.
- LookCard Credit Card means a virtual or physical credit card issued under the brand name of LookCard, which can be used in certain jurisdictions in relation to LookCard Services.
- Dispute Resolution outlines the process for addressing and resolving discrepancies or disputes related to the transaction history.
- Intellectual Property means any intellectual and industrial property rights, belonging to LookCard, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade, and company names, etc.
- LookCard Credit means any digital assets credit facility granted by LookCard and the total amount of the credit due by the Cardholder to LookCard, at any time until its full repayment, including the principal and any fees due to LookCard in accordance with the relevant general terms and conditions and/ or these General Terms.
- LookCard Loyalty Program refers to a structured marketing strategy implemented by LookCard to encourage and reward cardholders for their continued use of the payment card. This program involves the accumulation of points, rewards, or benefits based on the cardholder’s spending or other specified activities.
- LookCard Referral Program means a program offered by LookCard, providing the cardholder with an incentive for referring new users to LookCard, subject to the terms and conditions herein, governing the relevant LookCard Service (if and to the extent applicable), as well as on the LookCard Platform.
- Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the LookCard Services, and compliance with regulatory requirements.
- Security describes measures taken to secure the confidentiality and integrity of the transaction history data to protect cardholder information.
- Transaction History means a detailed record of all transactions made using the payment card. The transaction history provides information such as the date, time, amount, and merchant details for each transaction. Cardholders can access their transaction history through mobile application or web portal.
- Active Card shall refer to any payment cards, including both physical and virtual cards, that have been newly created within the relevant calendar month and shall further include any existing payment cards that are assessed and categorized by LookCard to be Cards in Good Standing.
- Card(s) in Good Standing shall refer to any unique Primary Account Number (PAN) that is available for use by the cardholder, irrespective of the actual usage within the said month.
- Cross-Border Transaction refer to any transaction or card activity that occurs or takes place outside the geographical boundaries of Hong Kong SAR.
- Domestic Transaction refer to any transaction or card activity that occurs or takes place within the geographical boundaries of Hong Kong SAR.
- FX Fee shall mean the currency conversion fee that is charged for undertaking a transaction where the currency of the transaction is different from the settlement currency of the underlying cards.
- Google Pay & Apple Pay Active Cards shall be referred to as Active Card(s) that are successfully registered and enrolled on Google Pay and/ or Apple Pay wallet.
- OTHER APPLICABLE TERMS
These General Terms of Use shall be supplemented by the LookCard’s Privacy Policy, which sets out information about the cookies on LookCard website and the terms with which LookCard may process any personal data collected from you or that you provided to us. By accessing and using LookCard website, you consent to such processing, and you warrant that all data provided by you is accurate.
These General Terms of Use shall also be supplemented by any other applicable terms that are specific to LookCard’s services and shall collectively govern your access and use of the LookCard’s services and the LookCard Website. - ONBOARDING
By opening your lookcard.io Platform Account and/ or using the LookCard Services, unless stipulated otherwise in the relevant general terms and conditions of the latter, you acknowledge and confirm that:- You are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury, etc;
- You are at least 18 years old or of legal age to enter into contractual relations with LookCard (whichever is later);
- You are the exclusive beneficial and/ or legal owner of any Digital Assets topped up or to be topped up into your LookCard Account, or the fiat currency used or to be used for the purchase of such Digital Assets, as the case may be, to which these General Terms apply;
- You are the beneficial owner of your lookcard.io Platform Account and do not act on behalf of or represent any other natural person or legal entity;
- You comply with all Applicable Law requirements, relevant to you and to your use of the LookCard Services, such as tax, exchange control and registration ones;
- You have read, understood, and agreed to our Privacy Policy and Cookies Policy.
You are not entitled to:- Open more than one account in lookcard.io Platform;
- Open a new lookcard.io Platform Account if we have previously suspended, limited or terminated your LookCard Account
- When you register an account in lookcard.io Platform, you shall provide LookCard with all the information and/ or documents, as may be requested by LookCard or any third party acting on its behalf, so we can verify your identity and validate your funding sources and transactions. LookCard or any third party acting on its behalf may additionally verify the information and/ or documents provided by you from secure databases, to which you grant your explicit consent by entering into this Agreement. You hereby authorize LookCard to undertake any electronic identity verification checks on you directly or through third parties, either at the time of entering into this Agreement or at any time thereafter.
We can refuse to open your lookcard.io Platform Account and grant you access to the Lookcard Services or any of them. You hereby represent and warrant that all the information you provide to LookCard is complete, accurate and up to date always. If there are any changes in this information, you shall notify LookCard and send LookCard accurate information without any delay.
If at any point LookCard needs to verify that the information it has about you is incomplete, inaccurate and up to date, LookCard will contact you and request that you either provide more information or that you go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide LookCard with up-to-date information, LookCard will not be able to provide you with the LookCard Services and will not be responsible for any losses you incur as a result thereof.
In order to access and use the accounts and services, you are required to set a security personal identification number for authentication of your identity (“Security PIN”) and activate the Security PIN on your mobile device. Provided that you have successfully completed the registration procedures, and we have verified your identity to our satisfaction, your mobile device will be registered with the Security PIN and designated as the mobile device to enable you to use the accounts and services. If we cannot verify your identity to our satisfaction we may refuse to provide you with any accounts or services at our sole discretion.
You hereby undertake to obtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the LookCard Services in accordance with these General Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your username, password and shall be solely responsible for any access to ad use of the LookCard Services through your device, regardless of whether such access may have been made without your knowledge, authority, or consent. We will not be liable to you for any loss or damage resulting from such use. In case your device has been lost or stolen or has been accessed or used in an unauthorized manner, you shall notify LookCard of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password. - AUTHENTICATION OF YOUR IDENTITY
- SETTING SECURITY PIN
You should follow the instruction set out in the App to set your Security PIN, including the minimum digit, combination and other requirements. The Security PIN is the primary method of authenticating your identity. We may also accept other Personal Credentials for authenticating your identity where it is not feasible to use the Security Pin or in other cases notified by us. - BIOMETRIC AUTHENTICATION
Without limiting our right to require the use of Security PIN for authentication, you may use your biometric credentials stored on the designated device to log on to the App and authorize transactions. You should follow the instructions set out in the App or on our website to set up biometric authentication. We may specify the type of biometric credentials (such as your fingerprints or facial image) and the manner for using them to in relation to the App, accounts and services.
You authorize us to act on the instructions received by us which have been authenticated by checking your biometric credentials. You will be bound by these instructions and the resulting transactions. We are not required to take further steps to verify the identity of the person sending the instructions or the authenticity of the instructions. Nevertheless, we reserve the right to require you to authenticate an instruction by your personal password or other Personal Credential.
PRE-CONDITIONS FOR USING BIOMETRIC AUTHENTICATION:- You must satisfy the following conditions in order to use biometric authentication:
- You have successfully opened an account with us
- You have installed the App on the designated device
- You have activated the biometric authentication function on the designated device and registered at least one of your biometric credentials to restrict access to the designated device
- You have registered for biometric authentication through the App by using your Personal Credentials or such other means (including SMS one time password) specified or accepted by us, and you have registered the relevant biometric credentials stored on your designated device for the purpose of biometric authentication
- You should safeguard the secrecy of your Personal Credentials used to register and store your biometric credentials on the designated device for biometric authentication.
- SETTING SECURITY PIN
- DEPOSIT/ TOP UP
You can deposit or top up your lookcard.io platform Current Account Wallet at any time by initiating a transfer from your personal wallets to your Current Account Wallet, while specific requirements and limitation, such as, but not limited to minimum amount of each threshold level, may apply from time to time, as indicated on the LookCard Platform.
You are responsible for making sure that:- You have the correct wallet details for your lookcard.io Current Account when you transfer from your personal wallet.
- The amount you deposit/ top up into your Current Account Wallet are currently approved and supported by LookCard and not subject to prohibitions or limitations regarding deposits. If you transfer to an incorrect wallet, or if the amount transferred are not approved and supported by LookCard platform or are subject to prohibitions or limitations regarding such deposit, as indicated in the LookCard Platform, the amount will be irreversibly lost. We will not be liable to you for any such loss.
- Administrative charges will be directly deducted from the total deposit amount, and the net amount received in the current account wallet will be the amount the user should receive.
- A transfer to your LookCard Current Account Wallet is confirmed once the balance of your wallets has been updated with the corresponding amount.
- Any fees and charges (including finance charges, annual fees, and administrative fees) are set out in the fee structure under Section 10. You hereby authorise LookCard to debit or charged to the credit card for all such fees, costs, charges, and expenses.
- CREDIT LIMIT
- Credit Limit Establishment
The credit limit for your credit card account is established by depositing an amount with a ratio of 80:20, where 80% of the deposited amount will be your credit limit and 20% will be held as collateral.
For example, if you deposit USD10,000, your credit limit will be USD 8,000 and USD 2,000 will be held as collateral. - Collateral Deposit
The deposited collateral amount is refundable upon your request for credit card termination, subject to the conditions outlined below. The collateral amount may be used to cover any unpaid charges or fees on your credit card account at the time of termination.
The refund process may take up to ninety (90) days from the date of termination request and settlement of all outstanding amounts. Any unpaid balances, including fees and other charges, will be deducted from the collateral amount before the refund is processed.
Payable charges include, but are not limited to, outstanding balances on the credit card, late payment fees, monthly or annual fee, and other applicable charges as per the credit card agreement. - Adjustment of Credit Limit
The credit limit may be adjusted upon your request to increase or decrease the deposited collateral amount, subject to approval by the issuer.
The credit limit may be adjusted upon your request after we have sufficient traction records of your account usage and payment behavior. Based on these traction records, we will determine if future collateral is required for adjusting the credit limit. Any changes to the credit limit will follow the same 80:20 ratio as outlined above, unless otherwise determined based on your traction records. - Exceeding Credit Limit
Transactions that would result in exceeding your established credit limit will not be approved. You must ensure that your transactions remain within your credit limit to avoid declined transactions.
If a transaction attempt results in exceeding your credit limit, you must immediately pay us the amount necessary to cover the transactions. Alternatively, you may clear the outstanding balance on your account to restore your available credit limit.
- Credit Limit Establishment
- PAYMENTS
- Cardholders are required to make payments on a monthly basis following each billing cycle. The billing cycle runs from the 1st to 30th or 31st of each month.
- Statement will be issued on the 1st of the following month, detailing your transactions and amount due. Payment must be made within 10 days after the statement date.
- Payments must be made using digital currencies, either USDT or USDC only. Payment in any other currency or form will not be accepted and may result in late payment fees or penalties.
- Failure to make the required payment by the due date may result in late payment fees, and penalties as outlined in Section 10.
- Repeated late payments may impact your credit limit and credit rating; and a continuous 3 months of non-payment will result in credit card suspension and you are required to fully settled the outstanding before your card can be reactivate.
- WITHDRAWAL
The withdrawal clause governing the credit cards comprises two primary modalities: Credit Card Withdrawal and Collateral Withdrawal. In the realm of credit card withdrawals, cardholders are accorded the privileges to access funds through both physical and virtual channels.
- Cash Out by using Credit Card from ATM
- Cardholders can cash out from ATMs using their credit card in any currency at the point of transaction.
- The withdrawn amount will reduce the available credit limit as it acts as an advance withdrawal.
- The withdrawn amount will then be converted to digital currency and transferred to the Cardholder’s current account for withdrawal purpose.
- Such transactions will be reflected as expenditures on the cardholder’s statement and necessitate repayment to restore the credit limit.
- Advance Withdrawal of Digital Currency via LookCard Platfrom
- Cardholder have the option to withdrawn digital currencies from their virtual credit card’s available credit limit via LookCard Platform, called Advance Withdrawal.
- Advance Withdrawals occur when the cardholder initiates a withdrawal via virtual credit card from the available credit limit (USD) to their current account wallet (USDT).
- Amounts withdrawn will be subtracted from the available credit limit and billed to the cardholder’s statement as expenditure.
- Repayment is obligatory to replenish the credit limit.
Conversely, collateral withdrawals are generally constrained, with collateral funds being non-withdrawals under standard circumstances. However, in the event of card termination, collateral withdrawals are facilitated.- Upon such termination, any residual collateral, following the settlement of outstanding balances, liabilities, balances, chargebacks etc, is promptly reimbursed to the platform wallet.
- Cardholders may choose to maintain the reimbursed digital assets in the platform wallet account or to withdraw it to their personal wallet.
- Card Status and Account Continuation
- Full credit limit withdrawal, meaning 100% withdrawal from the available credit limit, does not result in card deactivation. Instead, it suspends further spending until repayment or credit limit increment.
- The card remains active but without an available credit limit for additional transactions.
- While the credit card may be cancelled, the LookCard Current Account remains operational.
- Cardholder maintain access to the platform wallet to perform transactions or reapply for a new credit card.
- Credit Card Cancellation/ Termination
In the event of credit card termination, whether at the request of the cardholder or initiated by the issuer, certain procedures and implications apply as outlined below: - Cardholder Initiated Cancellation
Should a cardholder decide to terminate their LookCard, they must notify the issuer in writing or through the prescribed communication channels.
Upon receipt of the cancellation request, LookCard Platform will initiate the necessary verification processes to ensure the cardholder’s identity and account details.
Any outstanding balances, fees, or chares accrued on the card up to the cancellation date remain the responsibility of the cardholder and must be settled according to the terms and conditions of the cardholder agreement.
Please be aware that the cancellation and refund process may span up to three (3) months, primarily due to the consideration of potential chargebacks associated with user expenditures. - Issuer Initiated Cancellation
LookCard reserves the right to terminate users’ credit card under certain circumstances, including but not limited to:
a) Non-compliance with the cardholder agreement
b) Suspected fraudulent activities
c) Adverse changes in the cardholder’s creditworthiness
d) Regulatory requirements or legal obligations
In cases where LookCard initiates the termination, the cardholder will be notified through the contact information provided to the platform.
Any outstanding balances, fees or charges on the card at the time of termination remain due and payable by the cardholder. - Consequences of Card Termination
Upon termination, the cardholder’s access to credit facilities associated with the credit card will be terminated.
Any recurring payments or subscriptions linked to the card will need to be updated with alternative payment methods to avoid service disruptions.
The LookCard Current Account associated with the cancelled credit card remains operational, allowing continued access to the platform wallet for internal transactions or facilitating the process of reapplying for a new card. - Reimbursement of Collateral and Refund Timeline
Following the cancellation of the credit card, any collateral held by the issuer will be reviewed for reimbursement.
After deducting any outstanding balances, fees or charges owed by the cardholder, the remaining collateral amount will be promptly reimbursed to cardholder’s Current Account Wallets.
LookCard Platform undertakes to refund the collateral amount within three (3) months, calculated from the date of cancellation request receipt or completion of verification processes, whichever is later.
- Credit Card Cancellation/ Termination
- Cash Out by using Credit Card from ATM
- FEES, CHARGES AND RIGHT TO DEBIT
Physical Card Issuance Fee | FREE |
Virtual Card Issuance Fee | FREE |
Activation Fee | USD 150 ONE-OFF |
Annual Maintenance Fee | USD 150; Waived for 1st year |
Deposit/ Top Up | 1.5% of transaction amount |
Repayment Admin Charge | FREE |
Card Transaction Fee [Domestic & International Purchases] | FREE |
ATM Withdrawal Admin Charge [Domestic & International Transaction] | USD 5/ withdrawal + 2.5% of transaction amount |
Apple/ Google Pay Activation | FREE |
Chargeback Dispute Handling Fee | USD 100 per transaction |
Minimum Payment | USD 150 or 1% of statement balance; whichever higher |
Minimum Payment Admin Charge | 1.65% of statement balance |
Late Payment Fee | 3.5% of statement balance |
Credit Card Cancellation | FREE |
Credit Card Replacement (Card Expiry) | FREE |
Credit Card Replacement (Lost/ Stolen/ Damaged) | USD 25 per card |
Inter-Transfer to LookCard Account Holder using domain .look | FREE |
Right to Debit
We reserve the right to debit your account for any fees, charges, or penalties incurred as outlined in this agreement. All applicable fees and charges will be automatically debited from your account as they become due
- REPORTS, STATEMENTS AND INFORMATION
We will provide account statements in electronic form. You can download account statements from the App and save and print them for your records. You will be notified via email when a new statement is available.
You are required to review the transactions records and account statements promptly to check and report any errors, discrepancies, unauthorized transactions or irregularities. You should notify us as soon as reasonably practicable of any items which you believe are errors, discrepancies, unauthorized transactions or irregularities and, in any case, within ninety (90) days from the date of the account statement.
For security reasons, we will sed you instant notifications of payment or fund transfer involving your accounts. We will send these notifications through in-App notifications. You should not turn off the notification function on your designated device in order to receive this notification. - RISK DISCLOSURE
The following risk disclosure statements cannot disclose all the risks and other significant aspects involved. The intention is to inform you that the risk of loss may be substantial in certain circumstances. Considering the risks, you should invest or trade only if you understand the nature of the investment and trading and the extent of the exposure to risk. You should carefully consider whether the transaction is suitable for you in the light of your financial situation, investment experience, investment objectives and other circumstances. Before investing or trading, you should seek independent professional advice if you are uncertain of or have not understood any aspect of these risk disclosure statements or the nature and risks involved.
- Currencies are volatile and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the foreign exchange rate market, and we make no representations or warranties concerning the real or perceived value of any currencies, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by LookCard. You shall therefore carefully consider whether holding the currencies is suitable for you considering your financial condition.
- Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
- The regulatory status of Digital Assets is currently unsettled, caries among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange, and value of the Digital Assets, as well as the provision of the LookCard Services or any of them.
- Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralizes public ledger and usually cannot be cancelled or reversed.
- The nature of Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
- Keep in mind that we do not provide investment advice and the information coming from LookCard shall not be used as a basis for making decisions about investing in a particular Digital Asset/ currencies.
- YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY OF THE LOOKCARD SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THESE LOOKCARD SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
- You understand and agree that you use the LookCard account and the LookCard Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Services. You shall, therefore, carefully consider whether such use is suitable for you considering your circumstances and financial resources.
- FOLKS
- It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of Digital Asset’s network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset, and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support.
- Such networks and Digital Assets are outside of our control, and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the
copy of the Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.
- It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of Digital Asset’s network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset, and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support.
- OBLIGATIONS AND WARRANTIES
- You hereby declare, warrant, and confirm that:
- You meet the conditions under Section 4;
- You validly undertake any action or enter into any transaction regarding the Agreement.
- The Digital Asset, which you have deposit or will top up in your LookCard Current Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your LookCard Current Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction.
- You have submitted to LookCard the complete, correct and up-to-date information and documents.
- You are aware that you use the LookCard Current Account, the LookCard Platform, and the LookCard Services fully at your own risk.
- You hereby undertake to:
- Use the LookCard Current Account, the LookCard Platform, and the LookCard Services in good faith.
- Not violate or breach any terms of these General Terms, the Privacy Policy and the Cookies Policy, or any Applicable Law in any relevant jurisdiction.
- Not commit, conduct, or perform any misrepresentation, fraud, malicious act of criminal activities.
- Not use the LookCard Current account, the platform, and the services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising promotional or marketing materials, junk mail or chain letter.
- Not provide false, inaccurate, uncompleted, out of date or misleading information.
- Not interfere intercept, or expropriate our network, system, data, or information
- Not transmit or upload any virus of other malicious software or program or try to gain unauthorized access to the users’ accounts, website, network or system relating to the LookCard Services.
- Not decompile, reverse engineer, or disassemble any of our programs, systems, or products, or in any way infringe the Intellectual Property rights and/ or such of our partners.
- Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems, or products or unduly burdening or hindering the operation and/ or functionality of any aspect of the LookCard Services.
- Not use the LookCard Platform in a way that could damage, disable, impair, or compromise the platform or the provision of the LookCard Services, or
interfere with other users, or affect the reputation of LookCard. You undertake not to gain or attempt to gain in unauthorized access to the LookCard Account of other users. - Not take any action that imposes an unreasonable or disproportionately large burden or load on the LookCard Infrastructure (including our servers, networks, data centers, and related equipment) and detrimentally interfere with, intercept, or expropriate any system, data or information belonging to other users of the LookCard Services.
- Not engage in any written or verbal communication or conduct towards LookCard, its affiliates, third-party service providers, each of their respective employees, officers, directors, and representatives, which may in any way be deemed harmful, threatening, aggressive, abusive, inappropriate, disparaging or in any manner disrespectful.
- Keep the data required for using the LookCard Current Account unavailable for third parties.
- Inform LookCard about any change in the information and documents submitted to us, in your contact details, within one (1) day as of the change.
- You hereby declare, warrant, and confirm that:
- LOOKCARD REFERRAL PROGRAM
- The LookCard Referral Program is applicable to all cardholders referring new users, who have not previously registered for LookCard Accounts (“Referred Clients”), subject to the terms and conditions stipulated herein, governing the relevant LookCard Services (if and to the extent applicable), as well as on the LookCard Platform.
- The eligibility for participation in the LookCard Referral Program, the type, amount and manner of granting of incentives, the limits regarding the number of Referred Clients or the amount of incentives a cardholder may refer, respectively receive, (if any), are indicated on the LookCard Platform.
- The participation in the LookCard Referral Program is non-transferrable and cannot be sold, gifted, or awarded to any person other than you.
- LookCard reserves its right to amend or supplement the terms and conditions of the LookCard referral Program, as indicated herein and on the LookCard Platform, at any time, at its sole and absolute discretion. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the LookCard Platform unless otherwise indicated.
- REFUSAL TO PROVIDE LOOKCARD SERVICES; LIMITATION, SUSPENSION OR TERMINATION OF THE LOOKCARD SERVICES; CLOSURE OF ACCOUNTS
- LookCard reserves the right to, at its sole and absolute discretion, refuse to process or to cancel any request from you regarding the LookCard Services, including for purposes of compliance with any Applicable Law
- The deposit/ top-up to your wallet may be subject to certain limits imposed by LookCard (as may be amended from time to time at LookCard sole and absolute discretion).
- LookCard may, at any time and without liability, terminate, suspend, limit, or reserve your use, or the functionality, of the LookCard Services, or your access to your LookCard Account (including freezing or closing your LookCard Account), including but not limited to:
- In the event of any breach by you of these General Terms and any other applicable terms, or any Applicable Law
- For the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law
- Upon LookCard ‘s suspicion that a transaction or your use of the LookCard Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your LookCard Account has been compromised.
- Your LookCard Account is subject to any legal proceedings.
- To remedy the effects of any defect in or compromise to any information system related to the provision of the LookCard Services
- For compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to
- For maintenance of the system
- If there is a change in the eligibility criteria for opening of a LookCard Account or use of the LookCard Services.
In the above cases the amount in your LookCard Account may be frozen for an indefinite period until the matter is resolved.
- LookCard may, at any time and without liability:
- Update or change any features, components, or content of the LookCard Services, cease to accept, and support any Digital Assets and substitute them with Digital Assets accepted and supported by LookCard, determined as per LookCard sole and absolute discretion, if such are available in the cardholder’s LookCard Account at the cessation time. We do not guarantee that any such specific content, component, feature, or Digital Asset will always be available to you; or
- Suspend, terminate, cancel, or change any reward/ loyalty program.
- If we decide to undertake any of the actions under Article 11.c and 11.d, we will provide you with adequate notice of this unless it is impractical, impossible, or illegal to do so. Reversals are possible once the reasons for the obligation to execute any suspended, reversed or terminated transactions at a specific price or under specific terms.
- Your obligations under these General Terms will continue in the event of any limitation, suspension, reversal, or termination under Article 11.c and 11.d and you will not be released from any liability having arisen prior to such.
- LookCard shall not owe you any payment, compensation, or damages in relation to any suspension limitation, cessation, reversal, or termination of your use of the LookCard Services, regardless of the reason therefor.
- Our rights for suspension, limitation, cessation, reversal, and termination under this Section 11 shall be without prejudice to any other rights or remedies that we may have (whether under these General terms, Applicable Law or otherwise).
- You may, at any time, suspend or terminate your access to and use of any of the LookCard Services or close your LookCard Account. To do so, you shall submit a request to LookCard in the platform and together with the relevant supporting documents and/ or information, as may be required by LookCard. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension, termination or closing and that the relevant LookCard Services will not be accessible thereafter.
- All your debts to LookCard shall have been settled and there shall be no outstanding balance in your LookCard Account prior to closing thereof under this Section 11. You are entitled to recover the remaining balance of the Digital Assets prior to closing, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. Certain limitations may apply, as indicated in the LookCard Account and on the LookCard Platform, subject to revision from time to time, at our sole and absolute discretion.
- LookCard reserves the right to, at its sole and absolute discretion, refuse to process or to cancel any request from you regarding the LookCard Services, including for purposes of compliance with any Applicable Law
- PERSONAL DATA
- We can only provide the LookCard Services once we have collected your Personal Data.
- By creating your LookCard Account and/ or using the LookCard Services, you acknowledge that LookCard shall gather, process and store your Personal Data for the purpose of providing you with the LookCard Services, and declare, acknowledge and confirm that you have read our Privacy Policy and Cookies Policy and agree thereto.
- We reserve the right, at any time, to verify your Personal Data for anti-money laundering and counter-terrorist financing purposes.
- In the event your LookCard Account is closed on any grounds under this Agreement, we will stop using your Personal Data for the purposes under Article
- LIMITATION OF LIABILITY
- ALL THE LOOKCARD SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. LOOKCARD DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE LOOKCARD SERVICES UNDER THESE GENERAL TERMS.
LOOKCARD LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY LOOKCARD, AT OUR SOLE AND ABSOLUTE DISCRETION:- RE-SUPPLYING, REPLACING OR REPAIRING THE LOOKCARD SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR
- PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE LOOKCARD SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
- NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:
- DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
- ARISING FROM OR IN CONNECTION WITH:
- ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE LOOKCARD PLATFORM OR THE LOOKCARD SERVICES.
- FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;
- ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
- DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
- ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
- YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE LOOKCARD PLATFORM OR THE LOOKCARD SERVICES;
- ANY UNAUTHORIZED OR INELIGIBLE USE OF THE LOOKCARD SERVICES CONTRARY TO THESE GENERAL TERMS;
- DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
- RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT LOOKCARD SERVICE, YOUR LOOK ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.
- DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
- NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
- IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE LOOKCARD SERVICES AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO LOOK FOR YOUR USE OF THE RELEVANT LOOKCARD SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.
- WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).
- NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
- ALL THE LOOKCARD SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. LOOKCARD DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE LOOKCARD SERVICES UNDER THESE GENERAL TERMS.
- DEFAULT INDEMNIFICATION
- The occurrence of one of the following events constitutes an Event of Default:
- The cardholder breaches any of the cardholder’s obligations or warranties under these General Terms;
- It is or becomes illegal for the cardholder to perform the cardholder’s obligations under this Agreement;
- LookCard is unable to contact the cardholder in accordance with their most recent instructions for sending correspondence.
- In case of an Event of Default, LookCard is entitled:
- To terminate this Agreement with immediate effect;
- To take any action it deems necessary to protect its interests.
- You shall defend, indemnify, and hold harmless to LookCard, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the LookCard Services in violation to these General Terms or any Applicable Law.
- The occurrence of one of the following events constitutes an Event of Default:
- TERMINATION
- This Agreement shall be terminated immediately by closing your LookCard Account, on the grounds of Article 14.b, and discontinuing use of the LookCard Services. The Agreement can be terminated upon written notice by LookCard if LookCard discontinues the offering of the LookCard Services, regardless of the reasons.
- All your debts to LookCard shall have been settled and there shall be no balance in your LookCard Account prior to suspension or closing thereof. Certain limitations may apply, as indicated in the LookCard Account and on the LookCard Platform, subject to revision from time to time, at our sole and absolute discretion.
- The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
- NOTICES & ELECTRONIC COMMUNICATIONS
- Any notice required or made under these General Terms from LookCard to the cardholder shall be considered validly received when addressed to the cardholder’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the LookCard Platform.
- Any notice required or made under these General Terms by the cardholder to LookCard shall only be made via e-mail in English to cs@lookcard.io
- Your feedback, questions or complaints may be referred to LookCard via e-mail in English to cs@lookcard.io, or through other communication channels indicated by LookCard from time to time on the LookCard Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take LookCard up to 20 (twenty) days to get back to you. We will not be responsible for any loss or damage sustained during this period.
- You shall be fully responsible for the security and authenticity of all instructions sent through the LookCard Platform and you shall be bound by all such instructions. We will assume that all the instructions received from your LookCard Account are coming from you and we shall not be obliged to verify this.
- You accept the risk that your instructions and information may not be protected against unauthorized access when given through the LookCard Platform, as being transmitted via the Internet.
- Any instructions sent to LookCard shall only be deemed received by LookCard when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.
- You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the LookCard Platform and the LookCard Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.
- You acknowledge and agree that in the event of any dispute arising in connection with your use of the LookCard Platform and the LookCard Services, our records of all matters related to your use of the LookCard Platform and the LookCard Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
- GOVERNING LAW AND JURISDICTION
- The Agreement shall be governed exclusively by the substantive law of Hong Kong Special Administrative Region (HKSAR).
- Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in Hong Kong, determined as per the procedural law of Hong Kong. You agree that any dispute resolution
proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other cardholders of LookCard.
- MISCELLANEOUS
- Your use of the LookCard Services may be subject to certain fees, as indicated on the LookCard Platform, which are always exclusive of any taxes and may be debited from your LookCard Account, if applicable. Such fees may be changed at any time, at LookCard sole and absolute discretion.
- The Intellectual Property remains an exclusive property of LookCard and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the cardholder, except upon our prior explicit written consent.
- This Agreement, together with the Privacy Policy and the Cookies Policy, represents the entire agreement between you and LookCard in relation to the use of the LookCard Services. Unless otherwise agreed, it supersedes all prior or current representations, statements, understandings, agreements, or communications between you and LookCard, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives, whether written or verbal and regardless of the communication channel.
- LookCard shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the LookCard Platform unless otherwise indicated. You shall regularly check the LookCard Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add or remove any feature or functionality of the LookCard Platform without prior notice. By continuing to use the LookCard Platform and/or the LookCard Services, after any such amendments or supplements, respectively changes, have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms and the changed LookCard Platform. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the LookCard Platform and/or the LookCard Services immediately.
- The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
- The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.
- The failure by LookCard to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
- Providing you with the LookCard Services does not make LookCard your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your LookCard Account other than those expressly specified hereunder.
- None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of LookCard. LookCard shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
- Except for the legal entities belonging to the LookCard group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it and the parties agree that it shall be excluded from the application of the Contracts (Rights of Third Parties) Ordinance (Cap 623).
- You authorize LookCard to record or monitor instructions from you and communications between LookCard and you (including telephone and face-to-face conversations) by audio or electronic recording devices and/or in writing and any such records of LookCard shall constitute conclusive evidence as against you of the fact and content of the confirmation. Any such recording shall be the property of LookCard.
- You acknowledge that your assets received or held by LookCard outside Hong Kong are subject to the applicable laws and regulations of the relevant overseas jurisdiction which are different from the laws of Hong Kong and the rules made thereunder. Consequently such assets may not enjoy the same protection as that conferred on the Customer’s assets received or held in Hong Kong.
- This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.