1. General and Acceptance
In order to participate in certain Praxell Services, You may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Praxell.com Services in which You choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
Praxell.com may modify this Agreement from time to time and such modification shall be effective upon posting by Praxell.com on the Website. You agree to be bound to any changes to this Agreement when You use the Praxell Services after any such modification is posted. It is therefore important that You review this Agreement regularly to ensure You are updated as to any changes.
Use of and Membership in the Praxell Services is void where prohibited. By using the Praxell Services, You represent and warrant that (a) all registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are 18 years of age or older; and (d) your use of the Praxell Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that You are less than 18 years of age.
Minors are not allowed to purchase Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided Services
Praxell is a program manager for network-branded prepaid debit cards (“Prepaid Cards”) issued by a financial institution (“Issuing Bank”). Praxell shall provide certain services, as described more fully on the Website (“Services”). Services may include, but not be limited to, the fulfillment, customization and program management of Praxell Cards (collectively referred to as “Content”). You acknowledge that Praxell provides the Services AS IS and that Praxell assumes no responsibility for any failure in providing the Services to the Users and shall have no responsibility in relation to the availability of any Product Type. Please note that Services (or added customization and other features) may be provided only to Users who subscribe for such Services and Praxell may charge fees for such Services. Praxell may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Praxell may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. The Services provided by Praxell (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content You may submit, post or share via the Website. You will not use the Praxell.com or Praxell Services for any unauthorized or illegal purpose. You will be responsible for ensuring that You do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The Praxell Website
6. Website Access
(b) In order to access some features of the Website, You will have to create an account. You may never use someone else’s account without permission. When creating your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and You must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Praxell immediately of any breach of security or unauthorized use of your account. Although Praxell will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of Praxell or others due to such unauthorized use.
7. Ordering Cards
(a) Order Application. In placing an order (the “Order”) on the Website, You are submitting an application to Praxell to serve as its authorized agent of Praxell and its Issuing Bank to sell and distribute Prepaid Cards to cardholders (“Cardholders”). These Prepaid Cards are issued pursuant to a license from Visa U.S.A. Inc. and pursuant to a license by MasterCard International Incorporated. Visa and the Visa brand mark are registered trademarks of Visa U.S.A. Inc. MasterCard and the MasterCard brand mark are registered trademarks of MasterCard International Incorporated.
(b) Due Diligence. During the application process and at any time thereafter, You will provide Praxell and the Issuing Bank with personal and business data as may be requested. The agency authority granted herein is solely for your benefit and You shall not subcontract or delegate the agency authority granted therein, nor any of your duties or obligations thereunder, without the prior written consent of Praxell. Notwithstanding anything herein to the contrary, Praxell may, at any time and for any reason whatsoever, terminate your agency and direct You to cease the sale, distribution and loading of Prepaid Cards.
(c) Product Type. Your Order consists of a request for Prepaid Cards based on a particular product type (the “Product Type”). Within that Product Type, Prepaid Cards are distinguished by mode of issuance (instant vs. mail issued); source of funding (business vs. consumer), reloadability and other factors. Prepaid Cards contain proscribed terms and conditions (the “Terms and Conditions”), including the disclosure of cardholder fees (“Cardholder Fees”) associated with their sale and use. The Terms and Conditions of Prepaid Cards constitute a binding agreement between the Cardholder and the Issuing Bank.
(d) Card Issuance. Mail-delivered cards are sent via USPS direct to the Cardholder at the address on record. Unless otherwise arranged, Praxell ships instant-issued cards direct to You by means of bulk delivery to such locations designated by You as shall be approved by Praxell. Instant-issued Prepaid Card inventory shall be maintained by You in accordance with Praxell’s compliance guidelines. You shall not transfer Prepaid Card inventory between locations without Praxell’s knowledge and consent.
(e) Funding Method. Prepaid cards must be funded prior to their use in modes specifically approved for the Product Type as outline on the Website. Where permitted by Praxell, a licensed money service business (“MSB”) can accept and process cash for the sale and loading of certain Praxell Cards. To effectuate a cash sale or load, the MSB must be approved by Praxell and the Issuing bank and enter into a Retail Distributor License under terms proscribed by Praxell.
(f) Reloadability. Certain Product Types can be reloaded while others allow for just single loads. Pursuant to the USA Patriot Act, the Issuing Bank must obtain, verify, and record information that identifies each person who opens a reloadable account.
(g) Customization Levels. To complete your Order, You must select your desired level of customization. Customization options range from Standard Branding, Your Branding (Lie or Full) or Custom Solution. The customization options are detailed at http://getstarted.praxell.com/customize. Your choice of customization will impact both the offering price as well as the delivery timeframe.
(h) Product Type Availability. Praxell shall have the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily discontinue the availability of any Product Type (or of any features or components thereof).
8. Fees and Payment
The Services offered on the Website require payment of fees (“Charged Services”) as described on the Website. You authorize Praxell directly or through third parties, to make any inquiries it considers necessary to validate your account, company and financial information that You provided while signing up for such Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by You to Praxell.
All fees shall be charged in accordance with the payment method as determined in the Website. If, at any time, You contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your right to use, ell or distribute the Prepaid Cards will be automatically terminated. All prices and fees are non-refundable. Praxell expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user.
9. Cancellation & Money Back
Praxell will only refund You according to its Money Back Guaranty Policy. Praxell offers a 7-day money back guaranty (“Guaranty Period”). Should You elect to cancel your Order You can submit a refund request in accordance with our Money Back Guaranty Policy, as may be amended from time to time, within the Guaranty Period in order to receive full refund. Praxell will not refund any amounts paid after the elapse of the Guaranty Period.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE (INCLUDING PURCHASE AND/OR CUSTOMIZATION OF PREPAID CARDS) MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. PRAXABLE WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
10. Intellectual Property Rights
The Content on the Praxell Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Praxell uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to You AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Praxell document). Praxell reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Praxell Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Praxell Website or any of the Content therein.
11. Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE PRAXELL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PRAXELL MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE PRAXELL WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE PRAXELL WEBSITE. IN NO EVENT SHALL PRAXELL ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRAXELL WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PRAXELL SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. PRAXELL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRAXELL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRAXELL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THOSE WHO ACCESS OR USE THE WIX WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
(a) Force Majeure. Under no circumstances shall Praxell be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Praxell, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
(d) Marketing Consent. By registering to the Praxell Website and providing your email address, You expressly agree to receive promotional content from Praxell, by mail or email, from time to time. If You provide Praxell with your phone number (at any stage of use of the Services), Praxell shall be entitled to call You or send You promotional SMS notices from time to time. If You wish not to receive such promotional content / notices, You may notify Praxell at any time.
(e) BETA Test Warning. Please note that the Praxell Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.