Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "your") and EDTAU Pty Ltd, trading as Halocard ("Halocard," "we," "our," or "us"). These Terms govern your access to and use of Halocard's services, including websites, applications, virtual card issuance, and related offerings (collectively, the "Services").

By using our Services, you acknowledge that you have read, understood, and agree to comply with these Terms and any additional policies referenced herein. If you do not agree to these Terms, you may not use the Services.

Our principal business address is: EDTAU Pty Ltd T/As Halocard 525 Collins Street, Rialto, Level 2, Podium East, Melbourne, VIC Email: secure@halocard.co

If you have any questions regarding these Terms, please contact us at the above address or email.

2. Definitions

For the purposes of these Terms, the following definitions apply:

1. "Account": Refers to the account created by the User to access the Services.
2. "Additional Terms": Refers to any supplemental terms specific to certain features or Services provided by Halocard.
3. "Services": Refers to all products and services offered by Halocard, including but not limited to virtual card issuance, online platforms, and related support.
4. "User": Refers to any individual or entity accessing or using the Services.
5. "Virtual Card": Refers to the digital payment card provided by Halocard for secure online transactions.
6. "Funding Source": Refers to the external payment methods, such as a bank account or credit card, used by Users to load funds onto their Virtual Card.
7. "Dispute": Refers to any disagreement or claim arising out of or in connection with the use of the Services.

These definitions apply throughout the Terms. Any additional terms will be defined as needed within specific sections.

3. Services

Services Offered

Halocard provides tools and resources for secure, private, and controlled online transactions through the issuance and management of Virtual Cards. These Services are designed to enhance the privacy and security of online purchases by offering Virtual Cards with customizable spending limits, merchant-specific functionality, and instant activation.

Halocard's Services include:

1. Virtual Card Issuance: Users can generate Virtual Cards linked to their Halocard Account for secure online transactions.
2. Web-Based and Mobile Platform Access: Users can manage their Virtual Cards and funding sources through Halocard's website or mobile applications.
3. Funding Options: Users may load funds to their Virtual Cards via supported payment methods, including but not limited to bank transfers, credit/debit cards, and other methods specified on our platform.
4. Support Services: Halocard offers customer support to assist with account management, disputes, and other Service-related inquiries.

Third-Party Banking and Payment Providers

Halocard partners with licensed third-party financial institutions to deliver certain aspects of its Services, including the issuance and processing of Virtual Cards. Halocard is not a bank and does not offer banking services. Use of Halocard's Services may be subject to additional terms imposed by these financial partners.

Service Availability

Halocard does not guarantee uninterrupted access to the Services and reserves the right to modify, suspend, or discontinue any feature of the Services at its sole discretion. Users are responsible for ensuring their devices and internet access meet the technical requirements necessary to use the Services.

Prohibited Use Cases

Halocard may restrict or prohibit the use of Virtual Cards for transactions deemed unlawful, fraudulent, or otherwise in violation of these Terms. A detailed list of prohibited activities is provided in Section 5 (Use of the Services).

4. Eligibility and Account Registration

Eligibility

To access and use Halocard's Services, you must meet the following eligibility requirements:

1. You must be at least 18 years of age or the legal age of majority in your jurisdiction.
2. You must be a resident of a country where Halocard's Services are offered, with a primary focus on Users located in the United States.
3. You must have the legal capacity to enter into and comply with these Terms.

Halocard reserves the right to refuse access to its Services to any individual or entity at its sole discretion.

Account Registration

To use Halocard's Services, you must create an Account by providing accurate and complete information, including but not limited to:

1. Full legal name.
2. Valid email address.
3. Mobile phone number.
4. A valid funding source.

By registering an Account, you agree to:

1. Provide accurate, current, and complete information and promptly update it as necessary.
2. Maintain the confidentiality of your login credentials and restrict access to your Account.
3. Notify Halocard immediately if you suspect unauthorized access or activity within your Account.

You are solely responsible for all activities conducted under your Account, including any actions taken by third parties to whom you provide access. Halocard is not liable for any loss or damage resulting from unauthorized access to your Account caused by your failure to safeguard your login credentials.

Verification

Halocard reserves the right to verify your identity and may request additional documentation, such as government-issued identification, proof of address, or other information, to comply with legal and regulatory requirements. Failure to provide requested information may result in the suspension or termination of your Account.

Compliance with Laws

As a condition of using Halocard's Services, you agree to comply with all applicable laws, rules, and regulations, including those related to anti-money laundering (AML) and counter-terrorism financing (CTF). Halocard may conduct periodic reviews of your Account and transactions to ensure compliance with these requirements.

5. Use of the Services

Permitted Use

Halocard's Services are provided solely for your personal or business use, as applicable, and must be used in compliance with these Terms and all applicable laws. You agree to:

1. Use the Services for legitimate transactions only.
2. Ensure that all activities conducted via your Halocard Account are lawful and within the scope of the Services offered.

Prohibited Activities

You may not, nor may you permit any third party, to use the Services for the following purposes:

1. Illegal activities, including but not limited to fraud, money laundering, and the purchase of illegal goods or services.
2. Unauthorized reselling, sublicensing, or redistributing of the Services.
3. Processing or facilitating payments for high-risk activities, including but not limited to gambling, betting, adult content not expressly approved, or the sale of prohibited substances.
4. Activities that violate applicable sanctions, trade controls, or export regulations.
5. Circumventing any security measures or accessing any part of the Services without authorization.

Halocard reserves the right to update this list of prohibited activities at any time to reflect changes in legal, regulatory, or risk-based considerations.

Transaction Monitoring and Suspensions

Halocard actively monitors transactions for signs of fraudulent or prohibited activities. If suspicious activity is detected, Halocard may:

1. Temporarily suspend or limit your access to the Services.
2. Report the activity to relevant authorities or partners, as required by law.
3. Terminate your Account if the activity is found to violate these Terms.

Service Modifications and Interruptions

Halocard reserves the right to modify, suspend, or discontinue the Services or any part thereof without prior notice. This may include system maintenance, upgrades, or changes to comply with legal or regulatory requirements. Halocard will not be liable for any losses resulting from such interruptions or modifications.

User Conduct

By using the Services, you agree not to:

1. Misrepresent your identity or provide false information.
2. Interfere with or disrupt the operation of the Services, including by introducing malware or engaging in denial-of-service attacks.
3. Exploit the Services in a manner inconsistent with their intended purpose.

Limits and Restrictions

Halocard may impose transaction and spending limits based on factors such as account activity, verification status, and regulatory requirements. These limits are subject to change at Halocard's discretion and will be communicated through your Account dashboard.

6. Fees and Payment Terms

Service Fees

Halocard may charge fees for certain aspects of the Services, including but not limited to:

1. Virtual Card issuance and usage.
2. Funding transactions via specific payment methods.
3. Foreign currency transactions or conversions.

The applicable fees and rates will be disclosed during the registration process, on the Halocard website, or within your Account dashboard. By using the Services, you agree to pay all fees associated with your use of the Services.

Funding Methods

Users may load funds onto their Virtual Card using supported payment methods, including but not limited to:

1. Bank transfers.
2. Credit or debit cards.
3. Other methods specified by Halocard.

Halocard reserves the right to add, remove, or modify supported funding methods at any time. Additional fees imposed by third-party providers (e.g., banks or card issuers) may apply to funding transactions, for which Halocard is not responsible.

Foreign Transaction Fees

Transactions conducted in a currency other than your Virtual Card's primary currency may be subject to a foreign transaction fee, as well as currency conversion rates determined by our financial partners or payment networks. Details of these fees will be disclosed in your Account settings.

Refunds and Chargebacks

1. Refunds: Halocard is not responsible for issuing refunds for transactions made using Virtual Cards. Any disputes or refund requests must be resolved directly with the merchant.
2. Chargebacks: In the event of a chargeback request, Halocard reserves the right to debit your funding source for the amount in question, along with any applicable fees. Repeated chargebacks may result in account suspension or termination.

Failed Transactions

Halocard is not liable for failed transactions resulting from insufficient funds, technical errors, or issues with your funding source. Fees incurred for failed transactions will not be refunded.

Fee Adjustments

Halocard reserves the right to change fee structures at its discretion. Any fee changes will be communicated to Users via email or through the Services, with at least 30 days' notice. Continued use of the Services after the notice period constitutes acceptance of the updated fee structure.

Taxes

Users are solely responsible for any taxes associated with their use of the Services, including but not limited to sales, use, value-added, or withholding taxes. Halocard is not responsible for calculating, collecting, or remitting such taxes on behalf of Users.

7. Privacy and Data Protection

Privacy Policy

Your use of Halocard's Services is governed by our Privacy Policy, which outlines how we collect, use, store, and protect your personal information. By using the Services, you acknowledge that you have read and understood the Privacy Policy, and you consent to the collection and use of your information as described therein.

Halocard's Privacy Policy can be accessed at https://halocard.co/privacy-policy/.

Data Collection and Usage

Halocard collects and processes personal information to provide the Services, including but not limited to:

1. Account registration and verification.
2. Transaction processing and fraud prevention.
3. Service improvements and user support.

Halocard may share your data with trusted third-party service providers to facilitate these functions. We will not sell your data to third parties for marketing purposes without your explicit consent.

Data Security

Halocard employs industry-standard security measures to protect your personal information from unauthorized access, use, alteration, or disclosure. These measures include, but are not limited to:

1. Secure encryption protocols for data transmission and storage.
2. Regular security audits and system monitoring.
3. Compliance with Payment Card Industry Data Security Standards (PCI DSS).

While we strive to safeguard your information, Halocard cannot guarantee that unauthorized third parties will never be able to overcome our security measures. You provide your information at your own risk.

User Responsibilities

You are responsible for safeguarding your Account credentials, including your password, and for ensuring that access to your devices is restricted. Halocard is not liable for unauthorized access to your Account resulting from your failure to maintain security.

Data Retention

Halocard retains personal and transactional data for as long as necessary to comply with legal and regulatory obligations, resolve disputes, and enforce our agreements. After these requirements are fulfilled, your data will be securely deleted or anonymized.

Regulatory Compliance

Halocard complies with applicable privacy and data protection laws, including but not limited to:

1. Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).
2. Relevant privacy laws and regulations in the jurisdictions where the Services are offered.

User Rights

Depending on your location, you may have the right to:

1. Access and correct your personal data.
2. Request deletion of your personal data.
3. Restrict or object to certain data processing activities.
4. Withdraw consent for data processing.

Requests to exercise these rights should be submitted to privacy@halocard.co.

8. Transaction Limits and Security

Transaction Limits

Halocard may impose limits on the amount you can load onto your Virtual Card and the amount you can spend, based on factors such as:

1. Account verification status.
2. Regulatory requirements.
3. Risk management considerations.

These limits are dynamic and subject to change at Halocard's discretion. Current limits are displayed in your Account dashboard or can be obtained by contacting Halocard support.

Merchant-Specific Restrictions

Halocard Virtual Cards may be issued for use with specific merchants or categories of merchants. Attempts to use the Virtual Card outside of the designated scope may result in declined transactions. Some Virtual Cards may be tied to merchants offering age-restricted or adult-oriented products or services. It is your sole responsibility to ensure you meet the legal age and eligibility requirements to access and use such merchants' offerings. Halocard disclaims any responsibility for monitoring or verifying your eligibility to access such merchants. You accept all liability for ensuring compliance with applicable laws regarding these transactions. Any disputes related to merchant-specific products or services must be resolved directly with the respective merchant.

Fraud Detection and Prevention

Halocard employs advanced fraud detection systems to monitor transactions and detect suspicious activity. If fraudulent or unauthorized activity is suspected, Halocard may take the following actions:

1. Temporarily or permanently block the Virtual Card.
2. Suspend or terminate your Account.
3. Report the activity to relevant authorities or financial partners, as required by law.

Unauthorized Transactions

You are responsible for promptly reviewing your transaction history and reporting any unauthorized or fraudulent transactions. To dispute a transaction, you must notify Halocard support within 60 days of the transaction date. Failure to report unauthorized transactions within this period may limit your ability to recover funds.

User Responsibilities for Security

To enhance the security of your transactions and protect your Account, you agree to:

1. Use strong, unique passwords and change them periodically.
2. Enable two-factor authentication (2FA), if available.
3. Avoid sharing your Account credentials with others.

Halocard is not liable for losses resulting from your failure to comply with these security measures.

Card Deactivation and Replacement

Halocard reserves the right to deactivate or replace a Virtual Card at any time for security, regulatory, or operational reasons. In such cases, a new Virtual Card will be issued, and you will be notified through your registered contact information.

System Maintenance and Downtime

Halocard may conduct system maintenance or upgrades that could temporarily impact the availability of the Services. While we strive to minimize disruptions, Halocard is not responsible for losses incurred due to temporary unavailability of the Services.

9. User Responsibilities

By accessing and using Halocard's Services, you agree to adhere to the following responsibilities:

Account Information

1. Accuracy: Provide and maintain accurate, current, and complete information in your Account profile, including your name, email address, phone number, and funding sources.
2. Updates: Promptly update your Account information if it changes or becomes inaccurate.

Account Security

1. Safeguarding Credentials: You are responsible for keeping your Account credentials, including your password, secure.
2. Unauthorized Access: Notify Halocard immediately if you suspect unauthorized access or use of your Account. You are liable for transactions made using your Account until Halocard is notified.

Compliance with Terms and Laws

1. Legal Use: Use the Services in accordance with these Terms and all applicable laws, regulations, and rules.
2. Prohibited Activities: Refrain from engaging in any prohibited activities outlined in Section 5 (Use of the Services).

Use of Virtual Cards

1. Transaction Accuracy: Ensure all transactions initiated with Halocard Virtual Cards are accurate and authorized.
2. Merchant-Specific Usage: Use the Virtual Card only for transactions with designated merchants or within permitted categories, if applicable.

Reviewing Transactions

1. Monitoring Activity: Regularly review your transaction history and Account activity for discrepancies or unauthorized transactions.
2. Timely Reporting: Report any unauthorized, fraudulent, or erroneous transactions to Halocard within 60 days of the transaction date.

Respecting System Integrity

1. No Interference: Avoid disrupting or attempting to disrupt the proper operation of the Services, including by introducing malicious code or engaging in excessive or abusive activity.
2. No Circumvention: Do not attempt to bypass or undermine any security measures or technical limitations of the Services.

Financial Obligations

1. Fees and Charges: Ensure timely payment of all applicable fees and charges associated with your use of the Services.
2. Funding Source Maintenance: Maintain sufficient funds or credit in your designated funding source to cover transactions and associated fees.

Account Ownership and Sharing

1. Ownership: You are the sole authorized user of your Account and Virtual Cards.
2. No Sharing: Do not share access to your Account or Virtual Cards with others. You are responsible for all actions taken under your Account.

Cooperation with Investigations

1. Provide Information: Cooperate fully with any Halocard investigation into suspicious or unauthorized activity.
2. Legal Compliance: Provide documentation or additional information requested to ensure compliance with anti-money laundering (AML) and counter-terrorism financing (CTF) regulations.

10. Refunds and Disputes

Refunds

Halocard does not process refunds for transactions made using Virtual Cards. All refund requests must be directed to the merchant where the transaction occurred. Refunds issued by merchants will be credited back to the corresponding Virtual Card when processed.

Refund Policy

1. Merchant Responsibility: The merchant is solely responsible for refunding amounts owed for returned goods, canceled services, or other disputes.
2. Refund Processing Times: The time it takes for a refund to appear in your Virtual Card balance is determined by the merchant and their payment processor.

Dispute Resolution Process

If you identify a transaction error, unauthorized charge, or other issue with a transaction on your Virtual Card, you may file a dispute as follows:

1. Report the Issue: Contact Halocard support within 60 days of the transaction date to initiate a dispute.
2. Provide Details: Submit all relevant details, including the transaction ID, merchant name, transaction amount, and any supporting documentation.
3. Cooperate Fully: Cooperate with Halocard and its partners during the investigation, including providing additional documentation or information if requested.

Dispute Outcomes

Halocard, in collaboration with its financial partners, will investigate disputes and determine the resolution based on the evidence provided. Possible outcomes include:

1. Reversal of the transaction (in full or in part).
2. Denial of the dispute if insufficient evidence or grounds exist.

Chargebacks

Halocard may process chargebacks at its sole discretion in accordance with applicable laws and payment network rules. Repeated chargebacks or disputes associated with your Account may result in account suspension or termination.

Dispute Timing and Liability

1. Timely Reporting: Failure to report a dispute within 60 days of the transaction date may limit your ability to recover funds.
2. User Liability: You are responsible for all transactions on your Virtual Card unless you can demonstrate that the transaction was unauthorized.

Resolution Limits

Halocard's liability for disputes is limited to the amount of the disputed transaction and will not exceed the available balance on your Virtual Card at the time of the dispute.

Final Determinations

Halocard's decision regarding any dispute is final and binding. If the outcome is not satisfactory, you may pursue additional remedies as provided under applicable laws.

11. Limitation of Liability

General Limitations

To the maximum extent permitted by applicable law, Halocard (EDTAU Pty Ltd), including its officers, directors, employees, agents, affiliates, and licensors, shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from or relating to:

1. Your use of or inability to use the Services.
2. Errors, omissions, or interruptions in the Services.
3. Unauthorized access to or alteration of your Account or data.
4. Any conduct or transactions of third parties, including merchants or payment processors.
5. Events beyond Halocard's reasonable control, such as technical failures, cyberattacks, natural disasters, or regulatory actions.

Liability Cap

Halocard's total liability for any claim, dispute, or damages related to these Terms or the Services shall not exceed the lesser of:

1. The amount of fees paid by you to Halocard in the three (3) months preceding the event giving rise to the claim.
2. USD $100.

No Warranty

The Services are provided "as is" and "as available," without any warranties or guarantees, express or implied. Halocard disclaims all implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Halocard does not guarantee that the Services will:

1. Be uninterrupted, secure, or error-free.
2. Meet your specific requirements.
3. Be free from harmful components such as viruses or malware.

User Assumption of Risk

By using the Services, you acknowledge and accept the inherent risks of online transactions, including the potential for unauthorized access, data breaches, or failed transactions. You assume full responsibility for these risks and agree to indemnify Halocard as outlined in Section 12 (Indemnification).

Third-Party Liability

Halocard is not liable for any actions, errors, or omissions by third-party service providers, financial institutions, or merchants, including delays, transaction failures, or disputes. Any claims arising from third-party actions must be directed to the relevant party.

Excluded Jurisdictions

Some jurisdictions do not allow limitations on implied warranties or the exclusion of certain damages. In such jurisdictions, some of the above limitations may not apply to you, but the liability of Halocard will be limited to the fullest extent permitted by law.

12. Indemnification

General Indemnification

You agree to indemnify, defend, and hold harmless Halocard (EDTAU Pty Ltd), its officers, directors, employees, agents, affiliates, licensors, and partners from and against any and all claims, demands, damages, liabilities, losses, expenses, and costs (including reasonable attorneys' fees) arising out of or related to:

1. Your use of the Services, including any transactions conducted using your Virtual Card.
2. Your breach of these Terms, including any violation of applicable laws or regulations.
3. Your provision of inaccurate, incomplete, or fraudulent information during Account registration or while using the Services.
4. Any disputes or claims arising between you and third parties, including merchants or other Users.
5. Your violation of any third-party rights, including but not limited to intellectual property, privacy, or contractual rights.

Indemnification Process

Halocard reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with Halocard in asserting any available defenses. You may not settle any claim subject to this indemnification without prior written consent from Halocard.

Scope of Indemnification

Your indemnification obligations extend to any claims arising from the actions or omissions of individuals to whom you grant access to your Halocard Account, as well as claims arising from any fraudulent, unauthorized, or unlawful use of the Services.

Additional Remedies

If Halocard incurs any costs, expenses, or losses as a result of your breach of these Terms, you agree to reimburse Halocard for such costs, including but not limited to fees charged by third-party service providers, legal fees, and other associated expenses.

No Limitation on Other Rights

This indemnification obligation is in addition to any other rights or remedies Halocard may have at law or in equity.

13. Governing Law and Dispute Resolution

Governing Law

These Terms, and any disputes arising from or related to your use of Halocard's Services, shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles. However, additional laws and regulations applicable in your jurisdiction, particularly for Users located in the United States, may apply to specific aspects of the Services.

Dispute Resolution

Halocard is committed to resolving disputes promptly and fairly. In the event of a disagreement, you agree to follow the steps outlined below:

1. Initial Resolution

• Contact Halocard Support at secure@halocard.co to attempt to resolve the issue informally.
• Provide all relevant details, including your Account information, the nature of the dispute, and any supporting documentation.
• Halocard will review your claim and respond within a reasonable time frame, typically 10 business days.

2. Arbitration Agreement

• If the dispute cannot be resolved informally, you agree to resolve the matter through binding arbitration, as described below.
• Any disputes, claims, or controversies arising out of or relating to these Terms or the use of the Services shall be resolved by final and binding arbitration conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).

3. Arbitration Process

• Arbitration will be conducted by a single arbitrator appointed under the rules of ACICA.
• The arbitration will be held in Melbourne, Australia, or virtually if agreed upon by both parties.
• The language of the arbitration shall be English.

4. Costs of Arbitration

• Each party will bear its own costs and expenses, including attorneys' fees, unless otherwise awarded by the arbitrator.
• Halocard will cover administrative and arbitrator fees, except in cases where the arbitrator determines your claims to be frivolous.

5. Waiver of Class Actions

• You agree that all claims must be brought on an individual basis.
• You waive any right to participate in a class action, class arbitration, or other representative proceeding.

6. Small Claims Exception

• Notwithstanding the above, you may choose to resolve disputes in a small claims court.
• The dispute must meet the requirements for such a court and remain solely within that jurisdiction.

Jurisdiction

For matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia, to resolve any legal disputes arising from or related to these Terms or the Services.

Statute of Limitations

Any claim or cause of action arising from or related to these Terms or the use of the Services must be filed within one (1) year of the date the claim or cause of action arose, or it will be permanently barred.

14. Miscellaneous Provisions

Entire Agreement

These Terms, along with any additional terms and policies referenced herein or provided at the time of your use of specific features, constitute the entire agreement between you and Halocard regarding the Services. They supersede and replace any prior agreements, communications, or understandings, whether oral or written, related to the subject matter.

Force Majeure

Halocard shall not be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, government actions, strikes, cyberattacks, pandemics, or disruptions in telecommunications or internet services.

Assignment

You may not assign or transfer these Terms or any rights or obligations under these Terms without the prior written consent of Halocard. Halocard may assign or transfer these Terms without restriction, provided the assignment does not materially reduce your rights under these Terms.

Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable under applicable law, that provision shall be deemed severed from these Terms, and the remaining provisions shall remain in full force and effect.

No Waiver

Halocard's failure to enforce any provision of these Terms or respond to a breach shall not constitute a waiver of its rights to enforce such provision or respond to subsequent breaches.

Third-Party Services and Links

Halocard's Services may include links to third-party websites or services. These links are provided for your convenience, and Halocard does not endorse or control these third-party offerings. Your use of third-party services is subject to their terms and policies, and Halocard is not liable for any loss or damage arising from your use of such services.

Notices

1. From Halocard: Notices to you may be delivered electronically via email, through your Account, or on our website.
2. From Users: Notices to Halocard must be delivered via email to secure@halocard.co or via registered mail to: EDTAU Pty Ltd T/As Halocard 525 Collins Street, Rialto, Level 2, Podium East, Melbourne, VIC

Modifications to Terms

Halocard reserves the right to modify these Terms at any time. Changes will be communicated via email, your Account dashboard, or on our website. Continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms.

Survival of Terms

Provisions relating to limitations of liability, indemnification, governing law, dispute resolution, and any other provisions that by their nature should survive termination of these Terms shall remain in effect after termination.

Last updated: January 7, 2024