Dolphin Card - Terms of Use

Introduction

Introduction

These Standard Terms and Conditions ("Terms", "Agreement") written here will govern your use (as a "User") of our Aqua Wallet App accessible at https://aqua.net/ through direct APK download or from the Apple AppStore or Google Play Store, through your account ("Account"), as well as cards, extensions and applications ("Services") managed by our partner (hereinafter "The Partner Provider" or “Partner Provider”) or JAN3 LLC. These Terms extend to any additional product, good, card or service accessed through JAN3 LLC, including access through third parties associated to provide Services in a co-branded or white-label context. In addition to these Terms, individuals and/or entities will be subject to the terms and conditions of any other contract or agreement with the Partner Provider. These Terms will fully apply and affect your use of the Services provided by JAN3 LLC's business partners. By using these Services, this Website, extension, applications and/or web apps, you agree to all the terms and conditions written here. You should not use these Services if you do not agree with any of these Standard Terms and Conditions. Use of the Services is limited to parties legally able to enter into and form contracts under applicable law. For example, minors under 18 years of age are not authorized to use these Services. By using this Website, you represent and warrant that you are of legal age to enter into a binding contract with the Partner Provider, that you maintain a single Account and that you meet all eligibility requirements for any product or service you may be acquiring, including geographic or other limitations for that product or service. You should not use these Services or maintain an Account if you do not agree with any of these Standard Terms and Conditions, and if you do not agree with any adjustments made to these Terms and Conditions, this Agreement or our Services, your sole remedy is to stop using these Services and cancel your Account with the Partner Provider. We reserve the right to deny access to the Services or cancel your Account at any time and for any reason.

Changes to these Terms

We may revise and update these Terms periodically at our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter. Your continued use of the Website after posting of the revised Terms means you accept and agree to the changes. You are expected to check this page periodically for any changes, as they are binding on you.

Partner Provider Rights

We reserve the right to deny access or use of the Services to any person for any reason, at any time, with or without cause and without prior notice. We may terminate any Service in whole or in part at any time without prior notice. You acknowledge that if any information provided by you is false, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services. The Partner Provider reserves the right to close a User's Account or take other appropriate action if such User violates any of these Terms in whole or in part, or engages in any conduct the Partner Provider deems inappropriate. These actions include the Partner Provider's right to review, delay or cancel the acceptance or disbursement of funds to any User at our discretion.

Interacting with the Partner Provider

Your use of the Services includes the ability to enter into agreements and conduct transactions electronically. You acknowledge that your use of the Services or your electronic submissions constitute your agreement and intent to be bound and pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Services, including but not limited to notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which is your sole responsibility.

Access to Services and Account Security

We reserve the right to withdraw or amend these Services or this Website (and any service or material we provide on the Website) in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services. We have implemented technical and organizational measures designed to protect your information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You provide your information at your own risk. You are responsible for safeguarding your password and restricting access to your Account and the Services from your compatible devices. You will notify us promptly of any unauthorized use of your password or Account or any other breach of security. Notwithstanding the provision of this Agreement for binding arbitration, in the event of any dispute between two or more parties concerning ownership of an account, the Partner Provider will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Account subject to dispute and related activities) will be final and binding on all parties. You are also responsible for:
● Make all necessary arrangements for you to have access to the Services.
● Ensure that all persons who access the Services through your Internet connection or your Account are aware of and comply with these Terms.
● Maintain access to the email address you use to register for your Account. Users without the ability to send and receive email through their email account may be denied access to an Account and the Services.

Intellectual Property Rights

Apart from content you own, under these Terms, the Partner Provider and/or its licensors own all intellectual property rights and materials contained in these Services. You are granted a limited license solely for purposes of viewing the material contained in these Services.

Restrictions and Prohibited Uses

Certain areas of the provided Services have restricted access for you. The Partner Provider may further restrict your access to any area of its Services, at any time, in its sole and absolute discretion. Any user ID and password you may have for these Services are confidential and may not be shared, sold or resold.
You may use the Website only for lawful purposes and in accordance with these Terms. Actual or attempted fraud or other unauthorized use of the Services may result in criminal and/or civil prosecution and immediate termination of your right to use the Services. You agree not to use the Website in any way that harms the Partner Provider or the merchants with whom transactions are conducted through these Services, including but not limited to:

● Violating these Terms, the Service Terms of any affiliate or any other applicable rules and instructions we may convey regarding use of the Services.
● Posting any material from the Website, extension, applications or web application on any other medium.
● Selling, sublicensing and/or otherwise commercializing any material from the Website, extension, applications or web application, including products, goods and services.
● Publicly performing and/or displaying any material from the Website, extension, applications or web application without express written consent.
● Using the Services in any way that is or may be detrimental to the Partner Provider or that negatively impacts users' access to these Services.
● Using the Website, extension, applications and web apps contrary to applicable laws and regulations, or in any way that may cause harm to these Services, or to any person or business entity.
● Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to these Services.
● Transmitting, distributing or storing any information, data or material that violates any law, regulation, ordinance or any other rule imposed by any applicable governmental authority, including but not limited to material protected by copyright, trademark, trade secret or other proprietary right.
● Using the Services in any manner that violates any applicable U.S. federal, state, local or non-U.S. law or regulation (including without limitation any laws relating to the export of data or software to and from the U.S. or other countries).
● Using the Services for self-dealing operations, or to purchase goods or services from a related party for the purpose of moving funds in circumvention of applicable regulations.
● Transmitting or procuring the transmitting of any advertising or promotional material without the prior written consent of the recipient, including but not limited to any unsolicited bulk email, chain letters, spam or similar solicitation.
● Impersonating or attempting to impersonate the Partner Provider, a Partner Provider employee, another Customer or any other person or entity (including without limitation by using email addresses associated with any of the foregoing, or sending credentials or details related to the Services to other applications, websites or services of which you are not the legitimate account holder).
● Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Partner Provider or users of the Website or expose them to liability.
● Using the Services in any way that may disable, overburden, damage or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
● Using the Services beyond their intended use, such as through alterations, exploitations, misrepresentations, misuse or abuse.
● Circumventing or attempting to circumvent our geo-blocking and risk management systems in order to acquire products or services for which you are ineligible based on geography or otherwise.
● Attempting to register, register or use more than one Account per individual end user. Users must be eligible individuals, rather than organizations or groups, and are only permitted to have one Account.
● Use the Services as a conduit for funds unrelated to original transactions on a specific card, for example, to receive refunds for purchases made outside of the Services, or to accept money transfers.
● Share, sell or resell the Account, Account credentials or card details.
● Use the Services to engage in any advertising or marketing, without the Partner Provider's express written permission.
● Use these Services to provide reviews in exchange for compensation or to build an inauthentic purchase history for products or services from merchants or marketplaces.
● Use the Services to defraud or harm a merchant, such as requesting refunds without properly returning merchandise, or using the card to acquire products or services without legitimately purchasing those products or services through abandoned charges, accumulated unpaid invoices or false reports of non-receipt of goods or services.
● Misrepresent to the Partner Provider or any merchant any material detail related to a return or refund, or any dispute related to the transaction history.
● Use the Services to pay for the shipping or transportation of goods that were stolen, falsely returned or not properly paid for.
● Use the Services to exploit benefits for new users, referral programs or promotions offered by other merchants; or to abuse discounts or trials in a manner unintended or not permitted by the merchant; or otherwise use the Services to violate a merchant's, service's or company's terms and conditions.
● Pay bills in excess or send excess funds to the Partner Provider. The Partner Provider does not allow transactions exceeding legal and regulatory limits, and may restrict Account activity and suspend Accounts or specific transactions that exceed established limits.
● Use any robot or other automated device, process or means to access the Website for any purpose other than its intended use, including but not limited to probing the infrastructure, risk management limits and rules, or monitoring or copying any material from the Website without prior written consent.
● Use the Service in conjunction with automated purchasing software programs.
● Use any manual process to monitor or copy any material from the Website or for any other unauthorized purpose without our prior written consent.
● Use any device, software or routine that interferes with the proper functioning of the Website.
● Introduce viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material.
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
● Attack the Website via a denial of service (DoS) attack or a distributed denial of service (DDoS) attack.
● Otherwise attempt to interfere with the functionality of the Website by any means not mentioned above.
Certain purchases are prohibited depending on the specific product or service provided. You agree to consult the underlying terms of each product or service prior to use. These prohibited purchases include, but are not limited to:
● Bank Transfers, Money Orders
● Outbound Telemarketing Merchants
● Direct Marketing Services
● Securities Brokers/Dealers and associated activities
● Dating and Escort Services
● Massage Parlors
● Gambling/Gaming at Casinos
● Government-Operated Lotteries
● Government-Licensed Online Casinos (Online Gambling)
● Government-Licensed Horse/Dog Racing
● Non-Sports-Related Horse Racing, Dog Racing, and Internet Gambling
● Manual Cash Disbursements
● Automated Cash Disbursements
● Any purchases from merchants or billers located in or billing from Afghanistan, Albania, Belarus, Bosnia Herzegovina, Bulgaria, Burkina Faso, Cameroon, Central African Republic, China, Crimea Region of Ukraine, Croatia, Cuba, Democratic Republic of the Congo, Donetsk People’s Republic Region of Ukraine, Ethiopia, Greece, Guinea-Bissau, Haiti, Iran, Iraq, Kenya, Kosovo, Lebanon, Libya, Luhansk People’s Republic Region of Ukraine, Macedonia, Mali, Moldavia, Monaco, Montenegro, Montserrat, Mozambique, Myanmar / Burma, Namibia, Nicaragua, Nigeria, North Korea / Democratic People’s Republic of Korea, Panama, Philippines, Romania, Russia, Senegal, Serbia, Slovenia, Somalia, South Africa, South Sudan, Sudan, Syria, Tanzania, Tunisia, Turkey, Ukraine, Venezuela, Vietnam, Yemen, or Zimbabwe

This list does not represent the entirety of prohibited activity. The Partner Provider reserves the right to update and revise the terms as it deems appropriate, and Customers should also consult the specific terms of any products or services purchased from The Partner Provider for any other restrictions.

Source of Funds

Any funds sent to The Partner Provider that are determined by The Partner Provider or its partners to originate from a sanctioned entity, sanctioned jurisdiction, or wallet associated with illicit activities may be subject to review, restriction, or other action at The Partner Provider's sole discretion. This determination includes, but is not limited to, funds sent directly from or substantially linked to such entities or wallets. By sending funds to The Partner Provider for the purchase of services or products, you affirm that the source of your funds complies with all applicable laws and regulations. The Partner Provider and its partners reserve the right to determine the eligibility of funds for use as payment. If funds are deemed unacceptable, no refunds, credits, or other compensation will be provided. You are solely responsible for ensuring the legitimacy of your funds prior to initiating any transaction with The Partner Provider.

Eligibility for Services

If The Partner Provider has reason to believe that you are ineligible for the services or that your use of the services violates applicable laws or policies, we reserve the right to suspend or deny access to those services. This may include restricting access to The Partner Provider credit or cards linked to your account. Such restrictions will remain in effect until you provide satisfactory evidence of eligibility as requested by The Partner Provider. If The Partner Provider determines that eligibility cannot be verified, access to funds or credits associated with your account may be permanently restricted, in accordance with applicable laws and regulations.

No Third-Party Beneficiary

The terms and provisions of this Agreement are intended solely for the benefit of each Party, and it is not the intention of the Parties to confer third-party beneficiary rights upon any other Person.

Card Terms

The purchase, activation, or use of any card marketed by Partner Provider represents your acceptance of Partner Provider's generalized terms, as well as the underlying terms of each card that may supersede these generalized terms, which are listed below:
● Unless otherwise indicated, card products will have an expiration fee equal to the remaining balance on the cards
● In the event of termination of a card program by its sponsor, whether a merchant or financial institution, card products will have a termination fee equal to the remaining balance on the cards

Fees

Purchases made through the Services or through The Partner Provider's payment process or through a third-party payment service available in the payment process may be subject to processing fees and confirmation times. The Partner Provider may charge a purchase management fee for the purchase of The Partner Provider Credit or for the use of The Partner Provider Credit for Service or product purchases.
While many card purchases on The Partner Provider are non-refundable, for those card purchases on The Partner Provider that are refundable, The Partner Provider may charge a fee on outgoing refunds to the original payment method to cover the costs of remitting such refund payments.
The Partner Provider reserves the right to charge additional fees to mitigate abusive behavior, including mitigating and deterring violations of these Terms and the terms of service of other companies, websites, or applications, at The Partner Provider's discretion.
Certain customers, based on their jurisdiction, may be charged an additional withholding tax on top of the fees set by The Partner Provider, in order to comply with local tax regulations and requirements.

Returns and Refunds

The Fees you pay are non-refundable. You are responsible for paying all applicable Fees, regardless of whether you used or benefited from the Service.
Not all products and services offered by the Partner Provider are eligible for a refund. While we strive to present up-to-date terms and conditions for all products, we make no representation regarding this. You must confirm the applicable product terms and conditions you are purchasing directly on the issuer's website for each product. Additionally, some products sold are geographically limited to certain countries. In these cases, if you attempt to purchase from a country not permitted by a product's terms and conditions, such purchase will not be possible. If you circumvent our geographic blocking systems to acquire a product not available in your country, you will be violating these Terms and we may suspend or cancel your Account. We are also not responsible for any redemption issues you may encounter and will not provide a refund in those cases.

Any value contained on a card shall not, in any case, be redeemable for cash or refunded in fiat currency. All purchases made using fiat currency, whether by credit or debit cards, ACH or direct bank transfer, or otherwise, are final and non-refundable and do not qualify as such for refunds.
Refunds for qualified products or services purchased from the Partner Provider using virtual or digital currency will generally be credited in Partner Provider credit, net of any transaction and handling fees. Any qualified and requested refund not credited in Partner Provider credit will be approved on a case-by-case basis and, if approved, will be made in the original form of payment, net of any transaction and handling fees. Such refunds requested to the original form of payment, if approved, will be valid for 30 days from the date of approval by Partner Provider. If within those 30 days the User has not accurately confirmed the key details of their original form of payment, the refund will be canceled and cannot be reattempted.

Account Suspension or Termination

You may request to close your account at any time by contacting us through https://jan3.zendesk.com. We may close your account at any time for any reason or no reason with prior notice. The Partner Provider may also deny you access to all Services, or any part of the Services, if, in the Partner Provider's sole judgment, you fail to comply with any of the terms or provisions of these Terms. Further, the Partner Provider reserves the right to review, delay or cancel the acceptance or disbursement of funds to any suspended or terminated user or account at our discretion. If the Partner Provider and/or its partners or providers become aware of potential violations of these Terms or any law, they may, in their sole discretion, initiate an investigation, suspend or terminate the Account, remove materials from their servers, issue a warning or take other responsive actions. If we determine that you have violated these Terms, or represent an unacceptable risk to us, or have provided false, incomplete, inaccurate or misleading information, or have otherwise engaged in fraudulent, illegal or harmful conduct, we may take additional actions.

Your Content

Your Content shall refer to any audio, video, text, images or other material you choose to display on the Services provided by the Partner Provider. By displaying Your Content, you grant the Partner Provider a non-exclusive, worldwide, irrevocable and sub-licensable license to use, reproduce, adapt, publish, translate and distribute Your Content in any media. Your Content must be your own and must not infringe upon third party rights. The Partner Provider reserves the right to remove any of Your Content from its Services at any time without prior notice.

Communications

You agree to receive communications from us in electronic form, including email, text messages, calls and push notifications to the mobile phone number you provide us. These communications may be generated by automated telephone dialing systems that will deliver pre-recorded messages, including for secondary authentication purposes, receipts, reminders and other notifications. You agree that all communications the Partner Provider provides you electronically satisfy any legal requirement that the communication would satisfy if it were in writing. Standard message and data rates applied by your cellular carrier may apply to text messages we send you. You may opt out of receiving communications by following the unsubscribe options we provide. You may also opt out of receiving text messages from the Partner Provider at any time by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.

Reliance on Published Information

The information presented on or through the Services and Website is made available solely for general informational purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on the information on the Website is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Website periodically, but its content does not necessarily complete or up-to-date. Any of the Website's materials may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.
Certain optional enhanced features within our Services may require you to complete a light or full customer identification program. The Partner Provider handles this data in accordance with applicable data privacy law and our Privacy Policy. Additionally, regardless of the specific product or service identification requirements, any suspicious transaction will be reported to the competent authorities and you may be asked at any time to complete a customer identification program to continue using these Services.

Links From the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided solely for your convenience. This includes links contained in advertisements, including banner ads and sponsored links. The Partner Provider has no control over the content of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from this Website, you do so entirely at your own risk, subject to the terms and conditions of use for their websites.

No Warranties

This Website, extension, applications and web application are provided "as is", with all faults, and the Partner Provider does not make any representations or warranties of any kind relating to these Services or the materials contained therein. Further, nothing contained in these Services shall be construed as advice for you.

Limitation of Liability

In no event shall the Partner Provider, or any of its officers, directors or employees, be liable for anything arising out of or in any way connected with your use of the Services provided by the Partner Provider, whether such liability is under contract. The Partner Provider, including its officers, directors and employees, shall not be liable for any indirect, consequential or special liability arising out of or in any way connected with your use of these Services.

Indemnification

You agree to defend, indemnify and hold harmless the Partner Provider, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or the Website. This includes, but is not limited to, your use of the Website's content, services and products that is not expressly authorized in these Terms or your use of any information obtained from the Website or Services.

Waiver and Severability

No waiver by the Partner Provider of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Partner Provider to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other body of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Variation of Terms

The Partner Provider is permitted to revise these Terms at any time as it sees fit, and by using the Services, you are expected to review these Terms on a regular basis.

Violations of the Terms

The Partner Provider reserves the right to pursue all remedies available at law and in equity for violations of these Terms, the occurrence of which shall be determined in its sole discretion. Potential remedies include the right to block access from a particular Internet address, device or location to the Website, as well as the right to review, delay or cancel the acceptance or disbursement of funds to any User at our discretion.

Default

The Partner Provider may take a series of measures to protect itself, its shareholders, directors, officers, agents and employees, against actions carried out by a User that may cause adverse effects at the sole discretion of Partner Provider. These measures include, but are not limited to: (i) requiring a User to provide written justification for any action that The Partner Provider considers unusual, suspicious, fraudulent or in bad faith to protect The Partner Provider and/or its affiliates and/or subsidiaries and/or controlling and/or controlled and/or related parties and/or partners and/or shareholders and/or managers and/or administrators and/or directors and/or officers and/or employees and/or dependents and/or representatives and/or attorneys-in-fact and/or legal representatives and/or advisors and/or any other natural or legal person that may be related to it; (ii) disabling, freezing, closing the account(s) and/or canceling the service(s) of any User for the time that The Partner Provider deems necessary to analyze and resolve the situation, without this generating any liability for The Partner Provider while reserving the right to initiate complaints and legal actions that correspond against the User; (iii) retaining for an indefinite period any value or funds that are credited and/or that are credited in the future in the User's Account when there are suspicions of illegalities, fraud and/or any other act contrary to these Terms and Conditions as solely determined by The Partner Provider and/or suspicions of violation of legal precepts for which The Partner Provider must respond; (iv) terminating this contract and closing the User's Account that does not comply with these Terms and Conditions and/or has suspicions of violation of legal precepts for which The Partner Provider must respond.

Assignment

The Partner Provider is permitted to assign, transfer and subcontract its rights and/or obligations under these Terms without any notification. However, you are not permitted to assign, transfer or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between JAN3 LLC, distributor of Partner Provider/The Partner Provider (hereinabove referred to as "The Partner Provider") and you in relation to your use of the Services provided by The Partner Provider and supersede all prior agreements and understandings.

Your Feedback and Concerns

Unless otherwise indicated, all feedback, technical support requests and other communications relating to the Website may be directed to https://jan3.zendesk.com.
Important Notice: This document is a translated version, provided solely for your convenience, of an original agreement written in a foreign language. This translation has been prepared using automated translation services and has no legal authority. In the event of any discrepancy, omission, error or modification between this translated version and the original foreign language document, the original version shall prevail and supersede the translation with respect to all definitions, clauses, terms and content included herein. Please request the legally binding original document at https://jan3.zendesk.com