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Terms and Conditions

1. Introductory Remarks
This Agreement is a contract between you (“registered Client / Customer”) and CANOPY CARDS* (hereinafter the “Company”) applies to your use of the Services. The terms of this Agreement (Terms & Conditions of Services), plus the Privacy Policy, Cookie Policy, Fraud Prevention, Fees, and other documents located online on the FOOTER section of the online page/website of the Company (and as amended from time to time as per the relevant policies of the Company) are incorporated by reference into this Agreement and provide additional terms and conditions related to the Services. For the avoidance of doubt, this Agreement doesn’t constitute "framework contracts" for the purpose of the EU Payment Services Directive (2015/2366 ) or any implementation of that directive in the EU or EEA. 

This Agreement, together with other legal terms and legally required disclosures relating to your use of the CANOPY CARDS Services will be provided to you, always on the CANOPYCARDS.COM website(s) (typically located on the footer landing page). This information may also be sent to you or appear in places on the CANOPYCARDS.COM website(s) or otherwise where relevant to your use of the Services. Legal Documents are available online to the Company’s website to be downloaded by any Client. 

By registering for the Services, you must read, agree with, and accept all of the terms and conditions contained in this Agreement. This Agreement is provided to you and concluded in English. You agree that any use by you of the Services shall constitute your acceptance of the Agreement and we recommend that you store or print off a copy of the Agreement (including all policies) for your records. 

The Company may require you to have a CANOPY CARDS wallet or a CANOPY PREPAID CARD to use the Services (including, without limitation, to send or receive payments or to use CANOPY CARDS as a means of logging into third party services).

 You are strongly encouraged to review the terms and conditions of this Agreement prior to accepting them. It is your sole responsibility to understand and comply with all the laws, rules, and regulations that are relevant to your jurisdiction (place of residence) and that may apply in connection to your use of the service. Please consider seeking legal advice if you are not comfortable with your personal understanding of the terms and conditions in this Agreement. Consider all aspects of this Agreement, the Policies, and the relevant laws and regulations when choosing to use the Service at any time. Certain jurisdictional limitations that could apply to you may include but not be limited to, foreign currency conversions, import or export of certain goods and/or services, duties, taxes, and customs. Also, take notice of the fact that the Legal Agreements posted online to CANOPY CARDS’ website may from time to time be amended and changed accordingly and you will be notified respectively. In any case, you are kindly advised to periodically review and check online the section on CANOPY CARDS’ website entitled Legal Agreements for any applicable amendments or changes to such Agreements to always be always updated on the legal relationship between you and the Company.

2. Basis for the Provision of Services
2.1. CANOPY CARDS registered address is at The Strand – Fawwara Building, Triq I-Imsida Il-Gżira GZR 1401, Malta.
2.2. CANOPY CARDS is the brand under which the Company offers its services as a Card Program Manager.
2.3. The Company’s main business is to distribute Prepaid Card to VIP customers. A description of the main characteristics of the CANOPY CARDS Service is set out and accessible on the CANOPY CARDS website(s). Since the service is limited to Prepaid card Distribution, which does not qualify as a deposit or an investment service in the sense of the Law, you are not protected by the Investor Compensation Fund ("ICF") scheme for Clients of Banks provided in Malta. 
2.4. The Company enables you to make payments to and accept payments from third parties. The Company does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretense.
2.5. Protecting your privacy is of utmost importance to the Company. Please review our Privacy Policy to understand how we aim to protect your privacy and how we intend to use your information. The processing of your data is ultimately governed by our Privacy Policy which can be found online on our website (As amended from time to time). You are kindly advised to print and keep a copy of the Privacy Policy together with these Terms & Conditions for your records and to periodically check the online version of the Privacy Policy for any amendments. Your Privacy is protected under Law 125(I)/2018 providing for the protection of natural persons regarding the processing of personal data and for the free movement of such data (substituting previous Law 138(I)-2001), as well as from EU relevant regulations and directives as amended from time to time.
2.6. The URLs representing the Company’s website(s), "CANOPYCARDS.COM" and all related logos of our products and services described in our website(s) are either copyrighted by the Company, trademarks, or registered trademarks of CANOPY CARDS or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are either copyrighted by CANOPY CARDS, service marks, trademarks, and/or trade dress of CANOPY CARDS. You may not copy, imitate, modify, alter, amend, or use them without our prior written consent. You, as a merchant, may use HTML logos provided by the Company through our merchant services, auction tools features or affiliate programs without prior written consent for the sole purpose of identifying yourself on your website as a merchant who accepts payments through the Service and directing web traffic from that website to the Service, but we may limit or revoke this permission at any time and for any reason in our sole discretion. You may not alter, modify, or change these HTML logos in any way, use them in a manner that is disparaging to CANOPY CARDS or the Services or display them in any manner that implies the Company’s sponsorship or endorsement. All right, title, and interest in and to the CANOPY CARDS website and any content thereon is the exclusive property of the Company and its licensors.
2.7. When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Services, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees, or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the Company’s use of such content (including of works derived from it) in connection with the Services.
2.8. The official language of communication will be the same as the language used to communicate this Agreement to you. You agree that the methods of providing information to you include: 
– The CANOPY CARDS website (including the posting of information accessible to you after your wallet login);
– Email to the email address you provided in your wallet (to receive such email communication you need to ensure that you are online and that your email wallet is accessible);
– By postal mail to the street address listed in your wallet;
Such notice shall be considered to be received by you within 24 hours of the time it is posted to the CANOPY CARDS website(s) or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. These time frames exclude notifications in relation to amendments to the Agreement. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form that allows you to store and reproduce the information and you may terminate your consent to receive required disclosures through electronic communications by contacting CANOPY CARDS as described below. CANOPY CARDS reserves the right to close your wallet if you withdraw your consent to receive electronic communications.
2.9. Notices to CANOPY CARDS made in connection with this Agreement must be sent either:
- By mail to CANOPY CARDS’s head office addressed to The Strand – Fawwara Building, Triq I-Imsida Il-Gżira GZR 1401, Malta (to the attention of the Customer Service Officer);
- Via email to Customer Support at support@canopycards.com, where one of CANOPY CARDS’ representatives will remit it to the Department handling matters such as yours, and where a responsible person will return with a response within 24 hours or the sooner possible from receipt of your email.
2.10. Your Transaction History and Balance details can be accessed by logging into your wallet and selecting the History tab/button. CANOPY CARDS will refrain from sending you periodic statements by either physical or electronic mail. With this, you acknowledge and agree to review your transactions through your wallet and the relevant transaction history section. If for any reason (such as restricted access) it is impossible to access your transaction history through your wallet, you may contact one of our representatives to assist you on the matter by email at support@canopycards.com.
2.11. You may not transfer or assign any rights or obligations you have under this Agreement without the Company’s prior written consent. Transferring your wallet to a third party is strictly prohibited. On the contrary CANOPY CARDS has and reserves the right to transfer or assign any right or obligation under this Agreement (or the entirety of this Agreement) at any time without requiring your consent. Of course, this right does not prevent you from closing your wallet with CANOPY CARDS and terminating this agreement as stipulated in the termination section below.
2.12. This Agreement may be amended at any time by CANOPY CARDS alone and may include changes in the terms and conditions as required by regulatory changes or as needed due to changes in the Service (additions or deletions), as well as changes to the charges and fees stated in the Schedule of Fees as posted online on CANOPY CARDS’ website(s). Any amendment will be communicated to the Client via the CANOPY CARDS website(s) or by email no later than 5 Business Days after any such change has been posted online as pending (changes will be posted online highlighted with yellow and with a reference to the date of the proposed amendment with their status “as pending” for one month thereof before entering into effect for the Client to get notified – if not already notified via email- of such and have the opportunity to terminate the Agreement if opposes to any pending amendments). The time given for changes to enter effect is one month following the posting of any such change online to the CANOPY CARDS website marked as “pending” or one month after the Client has been sent an email notifying them of such change (the “change notice”), except in cases where the amendments are required by the Law and must take effect immediately. Notwithstanding any clause onto this Agreement or other CANOPY CARDS Legal Agreements to the contrary, immediate will be any amendments necessary due to the enrichment of the Service and its delivery, or in cases where your rights and obligations are not adversely affected, always to the extent, this is permitted by the law. We will not provide the Client with any notice of such immediate changes. During the one-month period following any notice, the Client will have the right –as it always reserves such right even without a reason/cause- to terminate the Agreement and close the wallet at any time. Should the Client refrain from taking any such action during the one-month period and the period lapses, CANOPY CARDS will consider it as an acceptance of the amendments and the Agreement will remain in effect. The fact that you may close your wallet free of charge and at any time, does not preclude you from potential liabilities that may have been incurred prior to the closing of the wallet and for which you may be responsible for. Refer to the relevant section on wallet closing for additional information.

3. Your wallet
3.1 Your wallet is a digital wallet that enables you to send and receive electronic payments.
3.2 Your wallet is denominated in USD and or EURO currency. The basic currencies in which payment orders will be accepted will be the USD and Euro, and any other currency stated on the CANOPY CARDS website. CANOPY CARDS currently offers currency conversion services.
3.3 Subject to this Agreement, the money held in your wallet does not expire but it will not earn any interest.
3.4 You have the right to withdraw funds from your wallet at any time. However, you may be required to confirm your identity beforehand. There are certain minimum withdrawal amounts/limits but the funds on your wallet must be sufficient to cover any applicable withdrawal fee. You can choose the method of withdrawal when submitting your withdrawal request.
3.5 Your wallet may be subject to upload, payment, and withdrawal limits, the verification status of your wallet, and other factors used by us to determine such limits from time to time at our sole discretion.
3.6 In order to use our payment services you must first open a wallet by registering your details on our website and/or Mobile Application. As part of the signup process, you will need to accept these Terms of Service and our Privacy Policy, and you must have the legal capacity to accept the same and be an Eligible User. If you order additional services, you may be asked to accept additional terms and conditions. Eligible users of our services are:
- Residents of any country listed on the CANOPY CARDS website.
- Individuals who are of the age of 18 and older.
- Persons (individuals or legal entities) who can legally enter a contract.
3.7. Joined accounts or nominee accounts are prohibited and in opening a wallet with us the Client represents and warrants to us that he/she is the sole beneficiary of the wallet and that all actions taken in relation to the wallet are taken by the Client alone unless the Client is a legal entity and the person(s) opening and operating the wallet, does so under the direction of the company that employs him/her/them. Unless the person is acting for the company that employs him/her/them, the new wallet must only be in the Client’s own name. This agreement applies only to Users who are Malta residents and other countries where the Service can be offered under CANOPY CARDS cross border activities authorization. If you are a resident of another country, and your country requires different terms than those applicable through this Agreement you may access the relevant agreement from the country-specific CANOPY CARDS website(s) (if applicable).
3.8. CANOPY CARDS offers only wallet types namely Personal. Users can have one Personal wallet. In certain cases, a User may be allowed to have additional accounts if certain conditions apply. In cases where multiple unverified accounts are held by a single User, CANOPY CARDS will ask for additional verified information to confirm the common identity of the unverified accounts holder as well as any other additional information it deems fit to accurately ascertain the identity of the User. Any limits imposed by CANOPY CARDS on accounts will apply cumulatively to such accounts and if such limits are exceeded, CANOPY CARDS has the right to suspend the accounts until such information is provided to warrant upgraded status.
3.9. Opening a verified wallet allows you to send money, receive money, and/or withdraw money within certain limits. By going through the wallet opening process under a framework contract and completing the electronic form of the CANOPY CARDS website(s), you immediately obtain a wallet subject to have passed the KYC process. To obtain a wallet and be able to send and receive money, and/or withdraw money, individual clients shall upload the following documents:
- Proof of identity: provide a clear picture of Passport or National ID (both sides);
- Proof of address: provide a recent utility bill (i.e. electricity, water, gas, landline phone, or home internet) or bank statement, up to 6 months. CANOPY CARDS may, from time to time, make available to you other methods or procedures for you to become of verified status. Such methods will be provided on the CANOPY CARDS website.
3.10. The Services may be applied for by the Customer in his own name.
3.11. You may only open a wallet if it is legal to do so in your country of residence. By opening a wallet, you represent and warrant to us that your opening of a wallet does not violate any laws or regulations applicable to you. You shall indemnify us against any losses we incur in connection with your breach of this section.
3.12. All identifying information you provide during the signup process or any time, thereafter, as determined from time to time by Us, must be accurate and truthful.
3.13. You may only add payment instruments (such as bank accounts, credit cards, or debit cards) to your wallet if you are the named holder of that payment instrument. We take any violation of this requirement very seriously and will treat any attempt to add a payment instrument of which you are not the named holder as a fraudulent act

4. Protection of Your wallet
4.1 You must take all reasonable steps to always keep your wallet password safe and never disclose it to anyone. Our personnel will never ask you to provide your password to us or to a third party. Any message you receive or website you visit that asks for your password, other than the CANOPY CARDS Website or a CANOPY CARDS payment gateway on a merchant website, should be reported to us. If you are in doubt whether a website is genuine, you should contact us. It is advisable to change your password regularly (at least every three (3) to six (6) months) to reduce the risk of a security breach in relation to your wallet. We also advise you not to choose a password that is easily guessed from information someone might know or gather about you or a password that has a meaning. You must never allow anyone to access your wallet or watch you accessing the My wallet area.
4.2 If you have any indication or suspicion of your wallet, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization, or otherwise compromised, you are advised to change your password. You must contact us without undue delay on becoming aware of any loss, theft, misappropriation, or unauthorized use of your wallet, login details, password, or other security features. Any undue delay in notifying us may not only affect the security of your wallet but may result in you being liable for any losses as a result. If you suspect that your wallet was accessed by someone else, you should also contact the police and report the incident.
4.3 You must take all reasonable care to ensure that your e-mail wallet(s) are secure and only accessed by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your wallet. In case any of the e-mail addresses registered with your Accounts are compromised, you should without undue delay after becoming aware of this contact us and contact your e-mail service provider.
4.4 Irrespective of whether you are using a public, a shared, or your own computer to access the My wallet area, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded. You should never use any functionality that allows login details or passwords to be stored by the computer you are using. 
4.5 Additional products or services you use may have additional security requirements and you must familiarize yourself with those as notified to you

5. Money Remittance

  1. 5.1. Subject to the terms of this Agreement, you agree that CANOPY CARDS will execute your instructed payment order by debiting your wallet and crediting the wallet of the person you are remitting the money to at CANOPY CARDS on the same day. Where the recipient’s wallet is with another payment service provider the payment will be made as soon as the payment schemes available to CANOPY CARDS allow, which is normally one business day from the date we received valid payment instruction from you. To facilitate the payment as indicated you need to:
  2. For “Send Money”:
  3. 5.1.2. Log into your CANOPY CARDS wallet at the CANOPY CARDS website and select the Beneficiary you wish to send money. Once you have selected the beneficiary and entered the required details, select the “Complete Payment” button/link that will permit you to provide us with your payment instruction. Depending on the recipient’s terms, payments may not be accepted immediately.
  4. For internal transfer:
  5. 5.1.3. Log into your CANOPY CARDS wallet at the CANOPY CARDS website and select the user recipient (using his or her 8 digits wallet number) you wish to make a payment to. Once you have selected the user recipient and entered the required details, select the “Complete Payment” button/link that will permit you to provide us with your payment instruction. Payment to the recipient will be affected the same day unless there is a reason to delay the payment for additional confirmations in which case the payment may be affected the next business day. You may not cancel or revoke a payment instruction that has already been received by us, nor can you withdraw your consent to execute the transaction. Under no circumstance is CANOPY CARDS obligated to execute a payment instruction if the Client does not have sufficient funds in his/her wallet. CANOPY CARDS reserves the right not to conclude a payment transaction until it receives cleared funds (this also means, without limitation, that CANOPY CARDS is not obliged to settle a refund transaction before having received funding for the original transaction). CANOPY CARDS is not obligated to execute a payment instruction unless the effected payment is made between CANOPY CARDS users in the countries that are included in CANOPY CARDS authorization and its cross-border services.
  6. 5.1.4. You may be asked to answer security questions or to complete other activities that we may reasonably require to ensure proper authorization of an upload transaction.
  7. 5.1.5. A periodic sending limit may be imposed on your wallet either by the requirement of the anti-money laundering laws and regulations or at our reasonable discretion (for example, without limitation, to limit fraud or credit risk). In no event will such limits exceed the maximum allowable limits set by the money laundering law or any other law or directive that is relevant to CANOPY CARDS’ jurisdiction of authorization. Any such limits set can be viewed in your wallet details.
  8. 5.1.6. Transactions will only be executed when there is an available balance in your CANOPY CARDS wallet. To ensure that there is an available balance, you need to review your wallet balance and if necessary, top up your wallet by drawing funds from one of your connected funding sources.
    5.1.7. You may select the funding source of your preference each time you top up your wallet balance, and in setting up a recurring payment or authorizing a third party to collect future payments from your CANOPY CARDS wallet. Your balance will always be used as the source of your next payment transaction. In the event where you do not wish to use the existing balance but would rather use a balance from another funding source for your next payment, you will only be able to do so by withdrawing the entire current balance of your wallet and then using the other funding source to fund your wallet with fresh money.
    5.1.8. CANOPY CARDS may limit the Funding Sources that will be available to you when funding your wallet. The reason CANOPY CARDS may set such limitations is to manage the potential risk that may arise from the payment transaction. Any such limitation will be communicated to you before the payment transaction is executed, at which time you will be asked to provide an alternative funding source (for example use of another e-wallet as opposed to a credit/debit card). Although CANOPY CARDS may allow you to proceed with the funding source that presented the risk initially, such action will be taken with your consent and may lead to a limitation of your rights to dispute resolution (you may be unable to contest the transaction due to funding source restrictions).
    5.1.9. When using an e-wallet provider to top up (“Top Up”) your balance and make a payment transaction, you are requesting an electronic transfer from your e-wallet wallet to your CANOPY CARDS wallet. For this transaction, you agree that: (a) You need to instruct your e-wallet to make a payment to CANOPY CARDS’s bank client’s wallet. You will be contacting your e-wallet provider directly in the manner and method prescribed (by that provider) and instructing them to make a payment to CANOPY CARDS’s bank client wallet providing the details as you would in any other e-wallet initiated payment.
    5.1.10. When using a credit or debit card for Pay-In you are requesting a transfer from your credit/debit card issuer wallet to your CANOPY CARDS wallet. For this transaction, you agree that: (a) You need to instruct your issuing bank through our acquiring agent using a tokenization process to make a transfer to CANOPY CARDS’ bank clients’ wallets. You will be contacting your credit/debit card issuer indirectly through the CANOPY CARDS acquiring partner in the manner and method prescribed (by that provider) and instructing them to make a payment to CANOPY CARDS’s bank client wallet. The acquiring partner will use the Token Terminal program which is a form of tokenization of the credit/debit card information using cryptographic technology to ensure that your personal and card data is secure. CANOPY CARDS will not store any of your credit/debit card details nor will it ask you to disclose it to. Tokens are reusable and can be used for making and receiving payments until their expiration date (expiry date), which is linked to the issuer’s credit/debit card expiration date.
    5.1.11. By sending a payment to a merchant you enable the merchant to process and complete the transaction. Despite your action and the immediate availability of the e-money to the merchant, a merchant may choose to delay processing the transaction for reasons unknown to CANOPY CARDS. Should this event occur, you agree that CANOPY CARDS may hold onto the payment amount, retaining it in your wallet but restricting its re-use, for a period of up to 10 working days after which your payment instruction will lapse and the transaction will be considered a non-transaction.
    5.1.12. A recipient is not required to accept e-money sent to him/her despite being available. CANOPY CARDS cannot control such action and you agree that you will not hold CANOPY CARDS liable for any damages resulting from a {`recipient's} decision not to accept a payment made through the CANOPY CARDS service. To this end CANOPY CARDS will either: (a) Return any declined or refunded payment to your CANOPY CARDS wallet, or (b) Return any payment that remained unclaimed by the recipient to your wallet from the date you instructed CANOPY CARDS to make the payment.
    5.1.13. The currencies the Client can transact in are currently USD and Euros. Other currencies may be added to the current list and will be communicated to you through the CANOPY CARDS website. CANOPY CARDS has the right to add or remove currencies from the list of available currencies at its own discretion. Any balances left in removed currencies will be kept in that currency until they are withdrawn but will not be available for payment transactions. There may be some restrictions regarding where you can send certain currencies.

    6. Money Receiving
    Anyone can start a payment process to remit funds to your CANOPY CARDS wallet irrespective of having a CANOPY CARDS wallet themselves or not. You – the Client – have the right to accept or decline receipt of the payment from the other party.
    A periodic receipt limit may be imposed on your wallet either by the requirement of the anti-money laundering laws and regulations or at our reasonable discretion (for example, without limitation, to limit fraud or credit risk). In no event will such limits exceed the maximum allowable limits set by the money laundering law or any other law or directive that is relevant to CANOPY CARDS’ jurisdiction of authorization. Any such limits set can be viewed in your wallet details.
    6.1. CANOPY CARDS is entitled to review all payment transactions and will do so in cases it deems to be of higher-than-normal risk. Such reviews will occur when CANOPY CARDS has reasonable suspicion that the payment transaction may involve a restricted or prohibited activity or any other reason that may be determined by CANOPY CARDS from time to time. When a payment is reviewed, CANOPY CARDS will execute the Client's instruction to make the payment but hold the release of the e-money to the intended recipient. This action means that the Client’s wallet will be debited the amount, but the recipient’s wallet will not be credited, resulting in a suspense balance. If the transaction involves a purchase, CANOPY CARDS will notify the seller to hold off dispatching the item(s) until CANOPY CARDS concludes the review and allows the transaction to be completed.
    6.2. Should the transaction be deemed as problematic, CANOPY CARDS will reverse the payment and place the e-money back to the sender’s balance. CANOPY CARDS will provide notices to you by email. Payment is subject to review for the sole purpose of minimizing CANOPY CARDS’ risk as well as its clients’ transaction dealings. CANOPY CARDS does not intent with this process to review the involved parties’ business relations, their reputation and should not be construed as demeaning or discriminant in any way.
    6.3. The receipt of money is only concluded after the Client accepts it, at which point CANOPY CARDS clears the balance in the wallet and makes it available for other payment or withdrawal transactions. Notifications from CANOPY CARDS that you are the recipient of e-money do not constitute a confirmation that the balance has been cleared and has become available. You acknowledge and agree that a payment transaction is completed and received by you upon acceptance even if it becomes subject to a Reversal for reasons stated in this Agreement or its updates/amendments as it may be updated/amended from time to time.
    6.4. Invalidation of a transaction by means of reversal or cancelation, or suspension of a transaction does not release you from any liability towards CANOPY CARDS and you will remain liable for any amount due to CANOPY CARDS plus any Fees that relate to the payments.
    6.5. A recipient can receive funds in any currency allowed by CANOPY CARDS irrespective of the currency maintained in the wallet at the time of the receipt for as long as the payment is accepted. In such instances, CANOPY CARDS will credit your balance with the amount in the currency it was sent. CANOPY CARDS offers currency conversion service at this time, and you acknowledge and agree that where you hold balances in multiple currencies, at the time of withdrawal, your receiving funding source may cause you to convert the currency balances to the reference currency of the funding source’s wallet. This may lead to additional charges not relating to CANOPY CARDS and its Service and for which CANOPY CARDS is not responsible for. Contact your funding source directly to inquire about such potential charges and their currency conversion policy.
    6.6. CANOPY CARDS is not responsible to determine any applicable taxes relating to your transaction, nor is it responsible to collect, report and remit any taxes arising from any transaction. You agree that it is your sole responsibility to determine the applicable taxes relating to a transaction and further to collect, report and remit tax balances arising from any transaction to the relevant tax authority.

    7. Wallet Balances and Transaction Information
    7.1. A Client can check the balance of their wallet and their transaction history information by accessing their online wallet at any time. The process of doing so is by logging into your wallet by entering your login credentials (username and password). You will then be requested to enter the SMS code you receive on your mobile device for further authentication and to obtain access to your wallet and your wallet details. The balance will be always shown on the left corner of your wallet interface. To access your transaction history, you will need to select the “History” tab/button. By selecting the “History” option, you will be able to access and review the entire transaction history that was processed by CANOPY CARDS’s system irrespective of where the transaction was initiated. The transaction history will include detail of the service, the transaction number, currency, the transaction value, any fees associated with each transaction, and the transaction status.
    Through your wallet, you will be able to print a hard copy of the transaction history ledger or export it in CSV/PDF format. The transaction history details that are available to you online will extent to a 24-month period. Should you wish to receive a statement that includes a period further than the 24 months available online, you will need to contact one of our client representatives to provide you with an “Offline” one. Offline transaction statements will never extend beyond a 60-month period (five years) and you may be charged a fee for it. You will be informed of the potential fee prior to giving us your instructions.
    7.2. A balance will always be shown even if the amount is zero. Positive balances will not be paid any interest since the balance and the wallet are not considered aa a deposit wallet making it illegal to earn interest.
    7.3. You agree that CANOPY CARDS may settle any outstanding balances owed to it by using amounts from the balance you maintain in your CANOPY CARDS wallet. CANOPY CARDS will try to settle any amounts due to it by a Client in Euro. In the rare event that the Client will owe CANOPY CARDS an amount and will not have a balance in the Euro or USD wallet, CANOPY CARDS may use a variety of methods to settle the balance. You agree that such potential methods may include:
    (a) Deduction from money received into your wallet;
    (b) Deduction from the amount requested for withdrawal.
    (c) Use of amount in a different currency under your wallet. Should this method be used, you agree to be liable for any conversion costs.
    Any balances that you owe to CANOPY CARDS for more than 15 working days will automatically be deducted from any available balance in any currency you may hold in your wallet. CANOPY CARDS has the right to convert that amount into Euro with the cost of such conversion be borne by you.
    7.4. As security for any potential balances that a Client may owe to CANOPY CARDS, the Client agrees to grant the Company with a first right or legal claim (a “lien”) on balances and proceeds in his wallet.
    7.5. The currencies CANOPY CARDS allow you to transact in having no peg to any other currency and their value fluctuates daily. Maintaining balances in more than one currency can be risky and may result in a potential loss (or gain) that will be realized on the day you decide to withdraw your balance in a currency other than the currency in your wallet. Maintaining multiple currency balances for speculation (forex trading) is prohibited by CANOPY CARDS. You agree not to take such action and you accept the risk nonetheless of any potential loss stemming from maintaining multiple currency balances.

    8. Withdrawal
    8.1. A withdrawal is effectively a request to redeem cash money. Clients can instruct CANOPY CARDS to withdraw all or part of their wallet balance in the currency the balance is maintained for as long as the funding source can accept payments denominated in the currency of their wallets. A withdrawal can only be made to an existing funding source that has been confirmed as your own. For withdrawals below the first limit (of unverified status) the “confirmation” is simply the fact that you have already used the funding source to fund your CANOPY CARDS wallet.
    8.2. A periodic receipt limit may be imposed on your wallet either by the requirement of the anti-money laundering laws and regulations or at our reasonable discretion (for example, without limitation, to limit fraud or credit risk). In no event will such limits exceed the maximum allowable limits set by the money laundering law or any other law or directive that is relevant to CANOPY CARDS’ jurisdiction of authorization. Any such limits set can be viewed in your wallet details.
    8.3. CANOPY CARDS is entitled to review all withdrawal transactions and will do so in cases it deems to be of higher-than-normal risk. Such reviews will occur when CANOPY CARDS has reasonable suspicion that the withdrawal transaction may involve a restricted or prohibited activity or any other reason that may be determined by CANOPY CARDS from time to time. When a withdrawal is reviewed, CANOPY CARDS will hold the redemption and deem your withdrawal/redemption instruction as a future payment order. Once CANOPY CARDS determines that there is no longer a risk in proceeding with the redemption, it will do so within the time specified in this Agreement. You agree that your withdrawal/redemption instruction for a restricted transaction becomes effective one workday after the restriction is lifted.

    9. Terms of the Agreement and Termination (Closing of wallet)
    9.1. The period of this Agreement will extend from the day you open a wallet with CANOPY CARDS to the day you either decide to close the wallet, or CANOPY CARDS decides to close your wallet and terminate the Agreement for any one of the reasons stated in relevant sections below. Subject to the conditions stated in the relevant sections below, you can close your wallet by sending an email to accounts@canopycards.com, requesting the withdrawal of any available balances and the closing of the wallet. Note that withdrawing all the available balance does not automatically lead to wallet closure and your explicit request to close the wallet is required to do so unless the wallet with zero balance remains dormant for a period exceeding 6 months and any effort to communicate with you during the dormancy period proves unsuccessful. By closing your wallet, you agree to forfeit any non-monetary funds such as bonuses, coupons, and/or vouchers (if applicable). You further agree that any pending transactions will be canceled and any instructions for recurring payments will be withdrawn. Your balance in the wallet, if any, should be fully withdrawn/redeemed at the time of the wallet closing, and the Agreement should be terminated. The CANOPY CARDS client representatives can assist you with the wallet closing process and can provide you additional information if needed.
    9.2. An wallet cannot be closed if it is being investigated by CANOPY CARDS for fraud or other reasons that require such action. CANOPY CARDS has the right to hold the balance in your wallet for a period of 180 calendar days from the day you seek to close your wallet, to protect itself and any third party against any potential liabilities of any nature, that stem from your wallet use or the causes of the investigation. You agree that even after your wallet is closed that you will remain liable for any liabilities that may arise because of your use while your wallet was active.
    9.3. Your money is valid until the time of redemption and will not be subject to any limitation. Despite the availability of money in your wallet, if your wallet is dormant with a positive credit balance, CANOPY CARDS has the right to charge inactivity fees every month until your balance becomes zero. All dormant accounts with zero balance will be closed in which case you will be notified that your wallet has been closed and that the Agreement has been terminated. Any dormant accounts with a positive credit balance will remain dormant if inactivity fees are charged and for a period of 6 months after their balance becomes zero, to allow the Client time to either reactivate the wallet or close it. CANOPY CARDS will inform you that the wallet has been declared dormant and the options you must avoid being charged with inactivity fees. During this period inactivity fees will be charged as stipulated in the Schedule of Fees posted online on CANOPY CARDS’ website. If you do not respond by the end of the 6-month period, your wallet will be closed, and this Agreement will be terminated. CANOPY CARDS.
    9.4. For the avoidance of any doubt, termination of this Agreement and closing of the Client wallet may happen in the following occurrences:
    9.4.1. Upon the occurrence of a material breach of this Agreement by the Client if such breach is not remedied within seven (7) calendar days, following written or electronic (or with any other manner provided elsewhere) notification or notice to the Client identifying the matter or circumstances constituting the material breach;
    9.4.2. The Client is suspected of having committed fraud, or CANOPY CARDS has reason to suspect that there is fraudulent activity related to the wallet;
    9.4.3. The Client is consistently unresponsive to inquiries involving confirmation of the accuracy and/or completeness and/or update of its information, as required by applicable laws and regulations and in accordance to this Agreement;
    9.4.4. The Client is held responsible for security violations in relation to the provision of the services and fails to remedy the breach;
    9.4.5. The Client has outstanding overdue unpaid invoices for a period exceeding 45 calendar days from the date of issue;
    9.4.6. If the Client violates or fails to comply with any applicable law, regulation, or any order by a competent court or government authority.
    9.5. CANOPY CARDS may at its own choice suspend the Client’s access to the Services or terminate the Agreement immediately, without prior notice, if CANOPY CARDS reasonable believes that:
    9.5.1. The Client’s violation is causing a material compromise of the system’s security;
    8.5.2. The Client’s wallet is used to execute fraudulent transactions;
    9.5.3. The Client’s payment processor or credit institution with which the Client maintains a Client wallet requires such termination or suspension on reasons related to suspicion of fraudulent transactions or breach of AML laws and regulations;
    9.6. CANOPY CARDS may terminate this Agreement at any time without reason by giving 30 calendar days’ notice to the Client electronically or in writing or in any other manner provided hereinbelow.
    9.7. The Client may terminate this Agreement at any time without reason by giving notice to CANOPY CARDS electronically or in writing or in any other manner provided in this Agreement. Subject to the above, CANOPY CARDS shall use commercially reasonable efforts to terminate the Agreement and seize the offering of its services within 7 calendar days (“effective termination date”). Any fees due, remain the Client’s liability towards CANOPY CARDS and it is the Client’s responsibility to settle in full prior to the effective termination date. CANOPY CARDS will only be responsible to terminate its own services upon such termination notice from the Client and the Client agrees that it is solely responsible to notify and terminate or cancel any services provided by third parties.
    9.8. If the Client has caused the termination of this Agreement, as described in sections above, it will bear any direct costs related to the closing of the wallet, including reasonable fees CANOPY CARDS charges for the closing process.
    9.9. If the cause of the suspension or termination was the non-payment of overdue fees to CANOPY CARDS, the wallet may be reinstated following full payment of the outstanding fees and any reinstatement fee CANOPY CARDS may charge.

    10. Fees and Currency
    10.1. Fees for Clients registered in Malta and other countries that fall under the Company’s cross-border activities are set out in the Schedule of Fees document as posted online on CANOPY CARDS’ website (and as amended from time to time). CANOPY CARDS will notify you of any fees that relate to services not indicated in the Schedule of Fees (if any) at the point where the service is offered.
    10.2. Fees are quoted inclusive of Value Added Tax.
    10.3. Any fee payable by the Client shall be deducted from the Client's wallet balance. If the Client's wallet balance is insufficient, or the Client's wallet balance becomes negative, CANOPY CARDS reserves the right to invoice the Client for any shortfall.
    10.4. The fees are subject to change pursuant to section 2.12 below.
    10.5. Where CANOPY CARDS is unable to deduct any fees or other monies payable by the Client from the balance of the Client wallet, CANOPY CARDS shall issue an invoice for the amount owed. Invoices are payable within fifteen days of the date of the invoice. In case of overdue payments, CANOPY CARDS reserves the right to (i) charge interest in the amount of 8% per year (accruing daily); and/or (ii) terminate this Agreement as per clause 8.4.5. by giving notice to the Client.

    11. Restricted or Prohibited Activities
    11.1. CANOPY CARDS has listed several activities that are restricted or prohibited as they relate to the use of the CANOPY CARDS Services, the terms of this agreement, the applicable laws, regulations, directives, and decrees that may be issued from time to time by the Company, the jurisdiction it is authorized, the jurisdictions of its cross-border activities and the European Union/European Commission. You agree that engaging in any of the below activities, may cause the CANOPY CARDS service quality to suffer, and that you may restrict the level of safe access that you or any other client may enjoy. Such activities include:
    (a) Violating any law, regulation, directive, statute, or contract in relation to the Service received, including without limitation, money laundering laws and regulations, consumer and personal data protection, the Electronic Money Institution Law, and its directives.
    (b) Violating the terms and conditions of this Agreement, including without limitation the Acceptable Use Policy, the Protection of Personal Data policy, the opening and use of multiple accounts, and operating a wallet under false pretenses.
    (c) Acting in a manner that is offensive, harassing, or demeaning to other Clients, to CANOPY CARDS and/or its partners and third parties.
    (d) Providing inaccurate, disingenuous, or entirely false (deliberately) information without justifiable cause.
    (e) Sending and receiving what may be deemed as unauthorized funds or funds from fraudulent transactions.
    (f) Not being cooperative with CANOPY CARDS when requested to provide additional information that will allow CANOPY CARDS to better familiarize itself with the nature of your business and continuing operations.
    (g) Refusing to provide confirmation of your identity and verification of your details when requested upon, for CANOPY CARDS to perform an investigation when needed.
    (h) Using tools and mechanisms to conceal your online identity and location (use of proxy and other anonymizing technics).
    (i) Controlling a wallet with close links to another wallet. The close link, in this case, exists when the accounts have a common person exercising control and giving instructions, and/or the beneficial ownership of the wallet as indicated by the common funding source is linked. Shared attributes are an indication that close links between two or more accounts exist.
    (j) Causing and maintaining a wallet with a balance owed to CANOPY CARDS (negative balance);
    (k) Engaging in activities (in accordance with the information in CANOPY CARDS’ possession) that may present CANOPY CARDS with increased risk of fraud or credit exposure that is beyond the acceptable limits set by CANOPY CARDS.
    (l) Engaging in activities that lead to CANOPY CARDS handling a disproportionate number of claims settled in favor of the claimant Client.
    (m)Using the CANOPY CARDS service from a jurisdiction that the Company’s cross border authorization does not cover, and which is not included in the list of cross border jurisdictions as those are indicated on CANOPY CARDS’ website.
    (n) Sending unsolicited emails in exchange for a payment or sending unsolicited emails and other communication to CANOPY CARDS clients.
    (o) Intentionally or unintentionally facilitate any malicious computer programming routines that may cause damage, harmfully interfere with, clandestinely capture, or steal any system, data or information.
    (p) Intentionally or unintentionally using any automatic device process, or manual process to monitor or copy our website without the Company’s prior written permission.
    (q) Using any device and/or software that intentionally or unintentionally interferes with the proper operation of our platform and CANOPY CARDS website.
    (r) Your actions may cause our internet service providers (ISPs), payment processors, or other suppliers to cease offering their services to CANOPY CARDS.
    (s) Revealing your wallet login details to anyone for any reason. None, other than you, is authorized to use this wallet, and disclosing to another party your login details is a violation of the terms of this Agreement. CANOPY CARDS is not responsible for any losses you may incur, without limitation, because of your wallet being used by a third party.
    (t) Acting in a manner that has a negative interference with the provision of the CANOPY CARDS service in accordance with the terms of this Agreement.
    (u) Using the service in a manner that could present a risk of non-compliance with the Company’s anti-money laundering, counter-terrorist financing, and other relevant regulatory obligations. One such use and potential offense for not complying with our obligation is your lack of cooperation in providing identity confirmation details and the inability to verify your identity potentially exposing CANOPY CARDS to the risk of any regulatory fines by European or other authorities as a result of processing your transactions).
    (v) Using the CANOPY CARDS services in a manner that may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability to CANOPY CARDS, a Client, or a third party; or
    (w) Using the service in a manner that deviates from what is prescribed in this Agreement.
    11.2. To ensure the safety of your wallet and of the CANOPY CARDS service provided to you, you agree to do the following:
    (a) Refrain from engaging in any restricted Activity.
    (b) Keep your login details (username and password) along with your funding source details safe and do not disclose to or allow anyone to access these details in any way. Only use the login details for the use of the CANOPY CARDS service.
    (c) Try to conceal your password in order to make it hard for others to understand.
    (d) Try to avoid using password information that can be known to a number of people like your birthday, ID number, telephone number, or a sequence of letters and numbers that can easily be guessed.
    (e) Try not to allow any prying eyes from seeing you enter your login details.
    (f) Do not use any functionality, either device or software specific, that allows you to store (“remember”) your login details as they may be compromised.
    (g) Ensure that you do not remain logged in your wallet after you have finished accessing the service and if you are using a browser, it is recommended that you also close the window/tab that you used to access your wallet. This way you can ensure that other unauthorized persons cannot access your wallet, especially when using an unsecured public access hotspot (“Free WiFi” locations).
    (h) Refrain from using any functionality that saves or stores your password or PIN on your access device.
    (I) Comply with all reasonable instructions CANOPY CARDS may issue from time to time in relation to this subject matter.
    (j) Keep your personal details up to date to be able to confirm that you are the authorized person for the wallet. This cannot be done if the information (email, address, telephone number) CANOPY CARDS has on record does not match the information that you try to reach us from.

    12. Client Liability
    Clients can be liable for the following issues (or other issues that may be communicated to you by CANOPY CARDS from time to time): (a) Using the CANOPY CARDS services in a manner that results in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability to CANOPY CARDS, a Client, or a third party, will make you liable for the outcome. In such a case, you agree to reimburse CANOPY CARDS, a client, or a third party for any and all such liability, and for CANOPY CARDS to settle any amounts owed as a result of the liability from your available balance. Should your balance be insufficient to cover the amount, you agree that CANOPY CARDS may use any wallet proceeds from a transaction, and in the event that such amounts do not cover the liability, allow CANOPY CARDS to recover the amount through other legal means available. (b) In case of disputed amounts resulting from a purchaser claim, reversal on a payment you received, or chargeback, CANOPY CARDS will block the use of enough funds in your wallet to cover the full amount of the dispute. The block will not affect the use of your wallet if you have a residual balance in excess of the blocked disputed amount. The block is restricted to the disputed balance amount. Should the dispute be resolved in your favor, CANOPY CARDS will restore full access to your wallet and remove the block from the formerly disputed amount. On the contrary, if the dispute is resolved in favor of the opposing party, the blocked amount will remove the required amount from your wallet in the settlement of the dispute resolution decision.

    13 Canopy Cards Legal Rights
    13.1. CANOPY CARDS has the legal right (and in certain cases obligation) to take actions necessary to remedy a condition caused by Clients’ actions. CANOPY CARDS will take action to protect its own interests and those of its clients, associates, and other third parties that may be affected by suspected restricted or prohibited activities. Such remedial actions may include but not be limited to the following:
    13.1.1. CANOPY CARDS may suspend, block partially or complete any transaction, limit the use of, cancel the access to or close your wallet entirely. Such action will limit or freeze: (a) access to your balance funds, your ability to draw funds from or remit funds to your funding sources;
    13.1.2. send money;
    13.1.3. receive money;
    13.1.4. withdraw/redeem money;
    13.1.5. make amendments to your wallet details; and/or
    13.1.6. access to your wallet history.
    13.2. CANOPY CARDS practice is to offer advanced warning of any such action, but you agree that it is not required to do so, and given reasonable justification (such as preventing to alert any party of the suspicion of money laundering also known as “tipping off”, or if it poses a risk to the CANOPY CARDS infrastructure security);
    13.3. CANOPY CARDS may reverse a payment transaction on the grounds of reasonable suspicion that it violates, or on proof that it violates our restricted activities rules and/or our policy of acceptable use of the CANOPY CARDS system/service.
    13.4. CANOPY CARDS may refuse any payment transaction for any reason without limitation. Provided it is not prohibited by any applicable law, CANOPY CARDS will be required to provide information as to the reason it took action, what caused it to take action, and any remedial action the affected party may take to resolve the refusal issue if possible;
    13.5. CANOPY CARDS may refuse to provide any of its services at any point in time;
    13.6. The law requires that any information relating to the identity of the client be kept updated at all times. CANOPY CARDS may require you to either update your information if it deems that they may be outdated or missing. It may further require you to provide the information needed to verify your identity even without you requesting to lift any sending, receiving, or withdrawing limits imposed on your wallet;
    13.7. For the purposes of dealing with restricted activities, CANOPY CARDS may disclose information relating to such actions to third parties but always keeping in line with the terms of the Privacy Policy;
    13.8. CANOPY CARDS may block a required balance of your funds, for a reasonable period of time which in any way does not exceed 36 months (unless otherwise required by law, decree or a court/regulatory authority decision) as may be deemed necessary to protect against the risk of liability.
    13.9. CANOPY CARDS has the right to take legal action against you in the courts of its legal jurisdiction.
    13.10. CANOPY CARDS may limit or block access to your wallet, if there is suspicion of unauthorized access by a third person and such action will be without prior notice. Once the action is taken, CANOPY CARDS will notify you of the limitation or blocking and the reason for it. Once the issue is resolved and if appropriate, CANOPY CARDS will allow you to request reinstatement of your access rights.
    13.11. Where required by legal circumstances including any breach of the terms and conditions of this agreement, CANOPY CARDS has the right to close a client’s wallet without prior notice and at any time. CANOPY CARDS also has the right to close a wallet and terminate the Agreement, even if the aforementioned conditions are not the cause, and without reason by giving a 2- month notice to the wallet holder. Should this occur, CANOPY CARDS may provide you (but not obligated to) with a reason for electing to close your wallet and will allow you to withdraw any funds that are not blocked for any other reason.

    14. Suspend a Payment Transaction
    14.1. You agree that CANOPY CARDS may suspend a payment transaction, which based on available information at the time, can be reasonably deemed as above acceptable risk levels. Should CANOPY CARDS take such action, you will be notified.
    14.2. Should the thread of excess risk be eliminated, CANOPY CARDS will lift the suspension allowing the payment to the transaction to be concluded. If the suspension is for purposes other than acceptable risk levels or transaction risk, but rather relates to the action taken as per sections above, CANOPY CARDS may continue the suspension until the disputed matter is resolved.
    14.3. CANOPY CARDS has the right to close the wallet and terminate the agreement if the Client objects to the suspension. The Client also has the right to close the wallet if he/she objects to the suspension. You agree that CANOPY CARDS may reasonably request that you provide additional information that will either reduce or eliminate the risk that is causing the suspension. If you refuse to provide such information, CANOPY CARDS has the right to close your wallet and terminate the agreement. In case of wallet closure, CANOPY CARDS may block an amount equal to the amount relating to the payment transaction under scrutiny, to cover for any potential obligations resulting from the transaction.
    14.4. In order to be compliant with its anti-money laundering obligations, CANOPY CARDS may require you to provide additional information that may amongst others relate to your identity and potentially financial status. Such information is substantially more than what a client is asked to provide when opening a wallet based on a framework contract. You agree that you will comply with such requests and provide CANOPY CARDS with the details either by email, fax, or any other means or form as may be required. Such details may include identification documents to confirm identity and place of residence, as well as (if needed) provide us at your own expense with information on your sources of income, and if you are a legal entity with details of your operations, and audited financial statement (or if not possible management accounts).

    15. Errors and Unauthorized Transactions
    15.1. CANOPY CARDS recognizes that unauthorized or erroneous transactions may occur and stresses the importance of monitoring your wallet on a regular basis by accessing the transaction history segment and reviewing the transactions listed. Should you suspect or believe that there was unauthorized activity in your wallet and that potentially one of the below instances occurred, immediately inform CANOPY CARDS to take all necessary remedial actions. The list may not be exhaustive.
    15.1.1. Your wallet has been accessed by another person with no authorization for such access.
    15.1.2. Your wallet was used for a transaction you did not authorize.
    15.1.3. Your password has been compromised.
    15.2. You are also expected to immediately inform CANOPY CARDS of any erroneous transaction that may have taken place relating to your wallet, for CANOPY CARDS to investigate the cause of the error and take remedial action as necessary. For as long as CANOPY CARDS is content with the justifications provided in relation to the unauthorized use, CANOPY CARDS will not hold you liable for the unauthorized transaction. It will, however, exercise its legal rights and hold you fully liable when the Company deems that you tried to defraud by acting in deliberate fashion in granting access to a third person by willingly providing or “unintentionally” exposing your login information to that person. CANOPY CARDS will also hold you responsible and liable when it evidently realizes that either with gross negligence or intent, you fail to comply with the obligations stemming out of this Agreement and its terms and conditions.
    15.3. The most immediate way to contact CANOPY CARDS is by reaching the CANOPY CARDS Customer Support representatives at the telephone number shown on the CANOPY CARDS website(s), by completing and submitting the online form found on the CANOPY CARDS website, or alternatively contacting one of its members by sending an email to support@canopycards.com, with the subject heading “Erroneous transaction” or “Unauthorized Transaction”. Although all telephone incidents are recorded, CANOPY CARDS requires you to also submit a written record of the incident providing CANOPY CARDS with any information you may have in your possession and that would make the investigation process faster and the remedial action quicker. Written records can be in the form of an email addressed to the same address referenced in this section and with the same subject heading options. You are expected to reasonably assist CANOPY CARDS and you agree that certain information you provide may be provided to a third party relevant to the case in hand always in accordance with the CANOPY CARDS Privacy Policy.
    15.4. CANOPY CARDS will review the reports submitted and revert with the investigation results within 15 working days from the day the notice is initially provided by the Client. If the initial notification is made by telephone, the notice day will be defined as the day the written notice was submitted to CANOPY CARDS. Depending on the complexity of the investigation, CANOPY CARDS may take up to an additional 3 months to further investigate the report before concluding. CANOPY CARDS will try to remedy any error caused by its actions almost immediately to enable its client's unobstructed use of the wallet.
    15.5. After the investigation is concluded and the results of the investigation are ready, they will be communicated to you in writing by generating a ticket in the CANOPY CARDS system and sending it to you and will include the result of the investigation and an explanation of the findings that led to the result. If CANOPY CARDS provisionally treated a transaction as erroneous and credited your wallet with the relevant balance, and the investigation resulted in “no error”, CANOPY CARDS will have the right to debit your wallet for the same amount as if the transaction was never reported as erroneous. CANOPY CARDS Clients who reported an error can request copies of the material that was used for the investigation.
    15.6. The liability of any unauthorized transactions that evidence does not suggest that there has been any fraudulent, deliberate, or grossly negligent action or behavior by the Client, will fall on CANOPY CARDS. In such cases, the Client will receive full reimbursement of the amount relevant to the reported unauthorized transaction(s) from the Client’s wallet. Clients will be entitled to such reimbursement only if they report such unauthorized transaction incidents to CANOPY CARDS within one calendar year from the date the first unauthorized transaction incident was executed. Where the reported incident demands further investigation, CANOPY CARDS will follow the process described in the relevant section above.
    15.7. CANOPY CARDS Clients are entitled to a refund of the full amount of any authorized payment transaction whether the transaction was initiated through CANOPY CARDS’s system, through a merchant’s website, or another third-party provided that any conditions that make the Client eligible for such a refund are met.
    15.8. CANOPY CARDS will rectify all errors that may originate from its system. Errors are normally discovered during the fund reconciliation process. For instances where your wallet was erroneously credited with less money than you were entitled to, CANOPY CARDS will credit the difference in your wallet. If the opposite occurs and your wallet is credited with more money than it should, CANOPY CARDS will debit your wallet for the difference. CANOPY CARDS will be liable to refund any transaction that has resulted in either not being of the correct amount or not being executed in time and for any losses or damages directly resulting from this failure unless:
    15.8.1. You did not have sufficient funds in your wallet to conclude the transaction and the cause of this insufficiency was not CANOPY CARDS.
    15.8.2. You tried to execute the transactions at a time that it was known to users that the CANOPY CARDS system was not properly functioning, either due to maintenance or unresolved technical issues; or
    15.8.3. Because of circumstances beyond CANOPY CARDS’ control (such as acts of God or other technical issues such as online connectivity) the transaction could not be properly executed despite the Company’s best endeavors to the contrary.
    15.9. Notwithstanding any other term of this Agreement, CANOPY CARDS will not be liable for any such incomplete/failed transactions unless a client reports such incomplete/failed transaction to CANOPY CARDS within one calendar year from the date he/she became aware of the incomplete/failed transaction and reported it to CANOPY CARDS.

    16. Disputes with Canopy Cards
    16.1. CANOPY CARDS understands that there may be a dispute between the Company and a Client in relation to the services provided. The aim is to try and resolve the dispute in an efficient and effective manner that will keep its clients satisfied with their overall experience with CANOPY CARDS. It further understands that some disputes may be hard to resolve without the contribution of an independent party and in certain cases without using a dispute resolution mechanism.
    16.2. As a first step you can report a dispute between you and CANOPY CARDS by contacting the Company’s Client Administration department by telephone, by email to support@canopycards.com, or by submitting the online form and a client service representative will issue a ticket in reference to the disputed matter. The Company will then review the dispute claim and try to address it as quickly as possible. The client service representative will then communicate to you the dispute resolution mechanism and the proposed remedy to resolve it.
    16.3. If following CANOPY CARDS’ effort to resolve the dispute or handle the complaint you are still not satisfied, you may take other measures to escalate the complaint against CANOPY CARDS by using any of the following mechanisms listed below, and as per our detailed Complaints Policy (online).
    16.3.1. European Consumer Centre (ECC-Net). You may obtain further information regarding the ECC-Net and how to contact them at (http://ec.europa.eu/consumers/redress_cons/).

    17. Governing Law and Jurisdiction
    This Agreement and the relationship between CANOPY CARDS and the Clients shall be governed by Malta law. For Complaints that cannot be resolved otherwise arising out of or relating to this Agreement or the provision of the Services, you submit to the exclusive jurisdiction of the Malta Courts. In simple terms, “exclusive jurisdiction of the Malta Courts” means that any claim that a Client may bring against CANOPY CARDS shall be brought to a Court located in Malta and that in all cases Malta law shall be applied.

    18. Breach and Canopy Cards Liability
    18.1. Any failure by CANOPY CARDS to act in relation to a breach by a client of the terms of this Agreement should not be construed as surrendering the Company’s right to act in the case of analogous or subsequent breaches.18.2. If CANOPY CARDS is deemed to have breached the Agreement leading to loss and causing direct damage to the Client, its liability will be limited to the following:
    18.2.1. In no event shall CANOPY CARDS, its associates, its affiliates, and other related persons who act on its behalf, and/or the persons we enter contracts with, be liable for any of the following types of loss or damage in relation to this Agreement or otherwise: (a) any loss or damage whatsoever that is not directly related to CANOPY CARDS’s breach of this Agreement; or (b) any loss of revenue, profits, business, goodwill, contracts, or savings even if CANOPY CARDS was informed of the possibility of such occurrence; or (c) any loss or corruption of data; or (d) any loss or damage whatsoever that is directly related to CANOPY CARDS’s breach of this Agreement.
    18.2.2. Should CANOPY CARDS’ actions result in personal injury or death, by committing fraud, gross negligence, willful misconduct, or fraudulent misrepresentation, its liability will not be limited under this Agreement to the extent that such limitation or exclusion is not permitted by applicable law.
    18.3. We provide the Services to a Client as specifically stated in this Agreement without any warranty. CANOPY CARDS does not guarantee uninterrupted or secure access to any part of its Service, neither does it take any responsibility for any delay or failure in delivering the services under this Agreement. CANOPY CARDS may undertake to perform maintenance and/or repair work on its systems that may restrict a client’s access to the wallet. CANOPY CARDS expects that such scheduled or unscheduled maintenance works may extend for a certain period that will limit/restrict access to the CANOPY CARDS system (including its website).
    18.4. CANOPY CARDS cannot ensure that the parties in a transaction will complete the transaction. CANOPY CARDS also does not have any control over the products or services that are paid for with our Service.
    18.5. To the best of its knowledge, CANOPY CARDS will spare no effort to ensure the accuracy of the information it provides to the Clients. It cannot, however, guarantee the accuracy of the information, and Clients are warned/encouraged not to place great reliance on such information for their decision-making process. You shall check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions. A Client is responsible for understanding and complying with any laws, rules, and regulations of his /her specific jurisdiction that may be applicable to him/her in connection with the use of the Services.
    18.6. You are responsible for all Reversals, Chargebacks, Fees, fines, penalties, and other liability incurred by CANOPY CARDS, CANOPY CARDS User, or a third party caused by your use of the Services and/or arising from your breach of the Terms of Service and reimburse CANOPY CARDS, a User or a third-party for any and all such liability.
    18.7. With reference to clause 12 above, if the Company has reason to believe that you have engaged in any Prohibited Activities, they may take on their discretion, various actions to protect the Company, a User, a Third Party, or you from Reversals, Chargebacks, Claims, fees, fines, penalties, and any other liability.
    18.8. Subject to the foregoing, CANOPY CARDS shall not be liable for any disruption or impairment of the service or for disruptions or impairments of intermediary services on which they rely for the performance of their obligations hereunder, provided that such disruption or impairment is due to abnormal or unforeseeable circumstances beyond their reasonable control, or the control of the intermediary affected.
    18.9. CANOPY CARDS shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business, and loss of reputation. The Company shall not also be liable for any losses arising from their compliance with legal and regulatory requirements.
    18.10. CANOPY CARDS’ obligation under the Terms & Conditions is limited to providing you with an Electronic Money wallet and related payment services and does not make any statement in relation to or endorsement of the quality, safety, or legality of any goods or services provided by a CANOPY CARDS customer or intermediary.
    18.11. CANOPY CARDS shall not be liable for the assessment or payment of any taxes, duties, or other charges that arise from the underlying commercial transaction between you and another CANOPY CARDS customer or intermediary and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
    18.12. Clients agree to indemnify and hold CANOPY CARDS, its employees, affiliates, associates, and any persons or who are authorized to act on its behalf harmless from any claim or demand (including legal fees) made or incurred by any third party because of their or their {`employees'`}, affiliates, associates, or {`agents'`} breach of this Agreement, breach of any applicable law and/or use of the Services.
    18.13. This Agreement (including any Schedule and other Legal Agreements posted online to CANOPY CARDS’ Website and as amended from time to time) in its entirety constitute the basis of the relationship between CANOPY CARDS and its Clients. Sections 1, 2, 9, 10, 11, 12 and Schedule of Fees, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this agreement shall be held to be invalid or unenforceable, the same shall be deemed to be deleted to the extent necessary to cure such invalidity or unenforceability and all other provisions of this agreement shall remain in full force and effect.

    19. Software Use and Licensing Rights
    19.1. CANOPY CARDS, and where applicable its Licensors, grant you a limited, non-exclusive license for the use of any software application(s) you access through, or have downloaded to your personal computer, mobile device, or platform, including an Application Programming Interface (API) or a developer’s toolkit where applicable. In accordance with this Agreement, this software should be for your personal use only. Transferring your usage rights, leasing, or renting of this software is strictly prohibited and any such action is cause for termination of this Agreement and potentially other CANOPY CARDS action. You further agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile, or otherwise attempt to create any source code which is derived from the software. With this, you acknowledge that all rights to this software belong exclusively to Oro Pay Ltd, or to a third-party provider depending on the contractual arrangements between the Company and the third-party provider.
    19.2. The rights to any software application you may use through CANOPY CARDS belonging to a third party is subject to license and usage terms you agreed to with the third-party provider. For as long as CANOPY CARDS does not own any rights to the software application provided by the third party, it will have no control over it and you acknowledge that it will bear no responsibility for any issues that may arise from their download and/or use, including but not limited to the potential threat from malicious software.
    19.3. Merchant clients may grant, remove, and manage permissions for certain third parties on their behalf by accessing their wallets and managing the API permissions. Such permission should not be deemed as relief of your responsibilities and obligations under this Agreement but rather their extension to the authorized third party. By granting permission to a third party to act on their behalf, merchants acknowledge that CANOPY CARDS may disclose to this third party, merchant wallet-specific information. You acknowledge that if you grant permission for a third party to take action on your behalf, CANOPY CARDS may disclose certain information about your CANOPY CARDS wallet to this third party. You further acknowledge and agree that you will not hold CANOPY CARDS responsible for, and will indemnify CANOPY CARDS from, any liability arising from the actions or inactions of this third party in connection with the permissions you granted.

    20. Definitions
    “wallet” or “CANOPY CARDS wallet” means a Personal wallet with CANOPY CARDS.“Agreement” means this agreement including all subsequent amendments and any additional documentation that accompanies it and to which Clients should adhere to.
    “Balance” means any money that you have in your CANOPY CARDS wallet.
    “Working or Workdays” means a day (other than a Saturday, Sunday, or public/bank holiday) on which banks in Malta are open for business (other than for the sole purpose of 24-hour electronic banking).
    “Buyer” means a client who is buying goods and/or services and using the CANOPY CARDS service to send the payment to the seller.
    “Calendar year” means 1 January to 31 December inclusive in any year.
    “Chargeback” means a demand by a credit card issuer for restitution of the loss on a fraudulent or disputed transaction by the merchant.
    “Claim” means a challenge to a payment that a sender of payment files directly with CANOPY CARDS.
    “Corporate wallet” means a legal entity wallet.
    “Cross Border” means the ability to offer CANOPY CARDS services across the borders of its home state.
    “Customer Service” is CANOPY CARDS’s customer support which can be accessed online via the relevant form or by calling the customer service number located on the CANOPY CARDS website(s).
    “Dispute” means a dispute filed directly with CANOPY CARDS.
    “Domestic” refers to anything based in the Republic of Malta.
    “Dormant wallet” means:
    1) In case of a positive credit balance, the wallet which has been inactive for a period of 3 months during which period no transactions have been carried out in relation to the wallet by or on the instructions of the holder of the wallet; or 2) In case of zero credit balance, the wallet has been inactive for a period of 6 months during which period no transactions have been carried out in relation to the wallet by or on the instructions of the holder of the wallet.
    “E-money” means monetary value, as represented as a claim on CANOPY CARDS, which is stored on an electronic device, issued on receipt of funds, and accepted as a means of payment by persons other than CANOPY CARDS. The terms “cash”, “money” and “funds” are used interchangeably in this Agreement.
    “European Economic Area” or “EEA” means the region made up of the following countries: Austria, Belgium, Bulgaria, Malta, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and the UK.
    “Fees” means those amounts stated in the Schedule of Fees.
    “Funding Source” means the payment method used to fund a transaction as indicated in the Agreement.
    “Information” means any confidential and/or personally identifiable information or other information related to a wallet or User, including but not limited to the following: name, email address, post/shipping address, phone number, and financial information.
    “Merchant Processing Delay” means a delay between the time you authorize, and we execute a payment, and the merchant processes your payment.
    “CANOPY CARDS,”, “the Company”, “we”, “us” or “our” means the CANOPY CARDS brand with registered head office at The Strand – Fawwara Building, Triq I-Imsida Il-Gżira GZR 1401, Malta, and includes its successors and any person to whom it has assigned its rights under this Agreement.
    “CANOPY CARDS website(s)” means any URL, such as www.canopycards.com, that we provide the Services to you.
    “Payment Order” means a valid instruction by the Client to us requesting the execution of a payment transaction.
    “Payment Review” means the process described in this Agreement.
    “Policy” or “Policies” means any Policy or other agreement between you and CANOPY CARDS that you entered on the CANOPY CARDS website(s), or in connection with your use of the Services.
    “Policy Update” means changes in the CANOPY CARDS Policies for which you will be notified and may be made available to you in writing or in any other manner.
    “Recurring Payment” has the meaning given in this Agreement.
    “Rest of EU” means those countries in the European Union in which the CANOPY CARDS Service is made available other than Malta.
    “Restricted Activities” means those activities described in section 10 of this Agreement.
    “Seller” and “merchant” are used interchangeably and mean a client who is selling goods and/or services and using the services to receive payment.
    “Services” means all products, services, content, features, technologies, or functions offered by CANOPY CARDS and all related sites, applications, and services.
    “Unauthorized Transaction” and “Unauthorized wallet Access” have the meaning assigned to them in section 12 of this Agreement.
    “Client”, “User”, “you” or “your” means you and any other natural person or legal entity or professional organization or another person who has completed, signed, and delivered by post or electronically to CANOPY CARDS the Client and/or Merchant Application Form and/or the Merchant Agreement (thus the “Registered Customer”) and has consequently agreed to this Agreement (T&C’s) electronically (as posted online and amended from time to time), to the Merchants T&C’s (if a Merchant), Privacy Policy and to all any such documents posted online on CANOPY CARDS’ website under the title “Legal Agreements” to enable the Company to provide a service as set out herein via a CANOPY CARDS wallet.
    “Verified” means that the Client has completed the CANOPY CARDS verification process by which confirmation of the Client identity has been established.

    Updated September 15, 2020.

    Copyrighted work of CANOPY CARDS© 2021 all rights reserved.