Cardholder Terms
Issuer and legal review draft. Not for publication or customer acceptance.
CARDHOLDER TERMS AND CONDITIONS
1. INTRODUCTION
1.1 These Cardholder Terms and Conditions (“Terms”) govern your use of and access to the Services and the BridgeX Card (as respectively defined below). The Services are provided to you by [BRIDGE GATEWAY LIMITED] and your access and use of the Services may also be subject to separate and additional terms entered into between you and BridgeX. The BridgeX Card is issued by [ENTRUST DIGITAL LIMITED] (“Issuer”), acting in the capacity and under the network arrangements approved for the relevant card program .Your agreement in respect of the issuance, operation and use of the BridgeX Card is with the Issuer. BridgeX is the Program Manager and provides the Services and the App.
1.2 By using or accessing the BridgeX Card and/or completing the sign-up process, you are entering into a binding agreement with BridgeX and the Issuer, and shall be deemed to have read, understood and agreed to be bound by these Terms. Please take the time to read and understand these Terms before using the BridgeX Card or the Services so that you are aware of your legal rights and obligations.
1.3 As between the Issuer and the Program Manager, the Program Manager is solely responsible and liable to you for the Services, the App, the onboarding process, customer support, and the funding, maintenance and operation of your Card Funding Ledger. The Issuer’s responsibilities to you are limited to the Reserved Issuer Functions. You have no payment obligations or financial liabilities towards the Issuer; the Issuer does not receive, hold or store funds or assets of any description from or for you, does not provide you with any account or facility for storing value, and you have no claim against the Issuer for the payment or repayment of any monetary value. The funding of your BridgeX Card and the setting of your Spend Limit are matters solely between you and the Program Manager and are governed by separate terms and conditions between you and the Program Manager.
2. DEFINITIONS
In these Terms:
“Affiliates” means an entity that directly or indirectly controls, is controlled by, or is under common control with BridgeX.
“AML/CTF” means anti-money laundering and counter-terrorist financing.
“App” means the BridgeX web application at https://app.bridgex.tech and any officially released BridgeX mobile applications, together with related content, features, updates and versions.
“Applicable Laws” means, in any jurisdiction in which the Services are performed, any and all applicable laws, regulations, statutes, statutory instruments, acts, orders, directives or administrative requirements in force from time to time issued by any applicable governmental agencies, regulatory authority, self-regulatory bodies, trade associations or industry bodies.
“ATM” means automated teller machines.
“Card Data” means the primary account number (PAN), expiration date and security code of a BridgeX Card.
“Card Limits” means the limits applicable to the utilisation of the BridgeX Card, as defined in Clause 4.2.
“Card Network” means the Visa payment network, to the extent that the final issuer-approved card program uses that network.
“Card Network Rules” means the bylaws, rules, regulations and guidelines issued and as amended from time to time by the Card Network.
“Card Transactions” means any transactions effected using your BridgeX Card.
“Chargeback” means a dispute filed by the Issuer that is sent through the Card Network in accordance with the relevant Card Network Rules relating to a Card Transaction.
“BridgeX”, “we”, “us” or “our” means [BRIDGE GATEWAY LIMITED], together with its Affiliates involved in providing the App and/or the Services to the extent specified in these Terms.
“CVC” means the card verification code of a BridgeX Card.
“Dispute” means any dispute or controversy arising out of, relating to or in connection with the Terms, including any question regarding its exercise, validity, interpretation, performance, breach or termination, and any non-contractual disputes or claims.
“Enabled Device” means the mobile communications or other device successfully registered by you for use in connection with the App and the Services.
“Fees” means all applicable fees imposed by BridgeX, the Issuer and/or the Card Network in relation to the use of the Services, BridgeX Card and Card Funding Ledger.
“Force Majeure Event” means an event beyond BridgeX’s and/or the Issuer’s reasonable control that could not have been prevented or mitigated by reasonable precautions, contingency planning, or commercially viable alternatives, including but not limited to war, terrorism, civil unrest, governmental restrictions, natural disasters, epidemics, pandemics, internet or system failures, security breaches, cyberattacks, and power or communication disruptions.
“Dispute Resolution Forum” means Arbitration Forum.
“Instructions” means all information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions), whether automated or not, referable to you.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights law, and all similar or equivalent rights or forms of protection, in any part of the world, for their full term together with any renewals or extensions.
“Issuer” means [ENTRUST DIGITAL LIMITED], being the entity legally responsible for issuing the BridgeX Card under the applicable approved card program.
“KYC” means know-your-customer.
“Liability” means any liability that arises, howsoever caused, whether as a result of a breach of contract, tort, negligence, breach of statutory duty or otherwise.
“Losses” means any losses, liabilities, claims, suits, demands, damages, judgments, expenses (including reasonable attorneys’ fees and collection costs), orders of restitution, and penalties, including civil monetary penalties and Card Network fines and penalties.
“Marks” means the trademarks, logos, service marks, product names and other proprietary indicia as defined in Clause 13.1.
“Merchant” means a retailer, merchant or other supplier of goods and/or services which accepts payment by means of a card, card number, PIN or card and signature.
“Personal Data” means any information relating directly or indirectly to a living individual from which it is practicable for the identity of the individual to be directly or indirectly ascertained, that is collected, transmitted to or accessible through the Services.
“Personnel” means BridgeX’s employees, directors, officers, agents, contractors and/or representatives.
“PIN” means the code or number used for identification when you access information, give any Instruction or conduct any Card Transaction using your BridgeX Card, or when you access any other Services.
“Privacy Policy” means the BridgeX privacy policy available at BridgeX Privacy Policy.
“Program Manager” means BridgeX, acting through [BRIDGE GATEWAY LIMITED], to the extent appointed and approved by the Issuer to distribute, market and service the BridgeX Card program and provide the App and Services.
“BridgeX Card” means the BridgeX card, being a virtual or physical card where offered and approved for the relevant market, which is issued to you by the Issuer.
“Reserved Issuer Functions” means those functions that the Issuer performs and retains sole responsibility for as card issuer, namely: (a) the decision to approve or deny the provisioning of the BridgeX Card (or any token or payment credential relating to it) to any device; (b) the suspension, deactivation, cancellation or recall of any BridgeX Card or any provisioned version of it; (c) the authorisation, processing and settlement of Card Transactions on the Card Network; and (d) any other function that Applicable Laws, Card Network Rules oblige the card issuer to perform itself.
“Restricted Jurisdictions” means the countries or jurisdictions designated by BridgeX and/or the Issuer as restricted from accessing or using the Services and/or prohibited for the issuance or shipment of a BridgeX Card, or where entry into these Terms is unlawful, restricted, or requires licensing, registration or approval of any kind.
“Restricted Person” means a person who is: (a) listed on any Sanctions list; (b) located in or a resident of a country that is the target of country-wide Sanctions; or (c) otherwise a target of Sanctions.
“Sanctions” means any Applicable Laws imposing sanctions, restrictions or prohibitions on financial transactions or other business dealings administered or enforced by the U.S. Government (including the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of Commerce or the U.S. Department of State), the United Nations Security Council, and all other relevant Hong Kong, Singapore or international sanctions authorities, including any executive orders issued in relation to the imposition of sanctions.
“Services” means the BridgeX card program-related functions made available through the App or Site, including card onboarding and customer support.
“Site” means the official BridgeX website at https://info.bridgex.tech
“Spend Limit” means the amount available for Card Transactions as shown in the App, calculated according to the approved BridgeX card funding and settlement arrangements.
“Card Funding Ledger” means the program manager-maintained ledger or account record used to calculate and track your Spend Limit; its legal character, custody and settlement treatment require issuer confirmation.
“Taxes” means any taxes, duties or fees incurred, required to be collected, paid or withheld by BridgeX and/or the Issuer for any reason in connection with your use of the Services under any Applicable Law.
“Terms” means these Cardholder Terms and Conditions, as defined in Clause 1.1.
“Third-Party Provider” means any third-party service provider, supplier, licensor, subcontractor or partner that BridgeX engages to assist in the provision of the Services.
“Transaction History” means the transaction history and details of the Card Funding Ledger and BridgeX Card.
“User Termination” means the termination of your BridgeX Card and Card Funding Ledger at your request, as defined in Clause 12.5.
“you/your” means the individual who is the user of the Services and/or the BridgeX Card.
3. ONBOARDING AND ELIGIBILITY
3.1 By signing up for the Services and/or the BridgeX Card, you represent and warrant that:
(a) you are at least eighteen (18) years of age and have the legal capacity to accept these Terms;
(b) you have the full right, power and authority to agree to these Terms;
(c) you are the authorised user of the Enabled Device;
(d) you have read, understood and agreed to our Privacy Policy, available at: BridgeX Privacy Policy;
(e) you are not a resident or tax resident of, and do not otherwise have any relevant connection with, any Restricted Jurisdiction;
(f) you reside in an eligible country or territory expressly approved for the BridgeX Card program as listed in the App or on the Site.
(g) unless specifically authorized for the applicable program, you are applying for and will not use the BridgeX Card to disburse government benefits, court-ordered payments, educational funds, an employee’s pay, or insurance payments;
(h) you are not a Restricted Person;
(i) you do not currently hold a BridgeX Card under any name or alias;
(j) you are not impersonating any other person, operating under an alias or otherwise concealing your identity;
(k) you will not use the Services and/or the BridgeX Card if any Applicable Laws in your country prohibit you from doing so;
(l) you will comply with these Terms, all Applicable Laws and the Card Network Rules, and will not engage in any activities deemed inappropriate by us or which are in contravention of any Applicable Laws;
(m) you will not use the Services, directly or indirectly, for any fraudulent or illegal undertaking, including money laundering, terrorism financing or fraudulent activities, or in any manner that interferes with the normal operation of the Services;
(n) you fully understand and accept the risks associated with using the Services;
(o) you will not use the Services to: (i) conduct electronic spamming; (ii) upload content containing viruses, malicious codes, or immoral or illegal content; (iii) infringe the intellectual property rights of BridgeX, its Affiliates, the Issuer or any third party; or (iv) damage, disable, impair or compromise the App or the provision of the Services, or interfere with other users or affect the reputation of BridgeX, its Affiliates or the Issuer; and
(p) you will not modify, disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the Services or any component thereof.
3.2 You agree to provide all information and/or documents requested by BridgeX and/or the Issuer (including those required for compliance with Applicable Laws) from time to time.
3.3 You agree to cooperate with all requests made by BridgeX, the Issuer and/or any of their respective Third-Party Providers in connection with your BridgeX Card and your use of the Services, including to identify or authenticate your identity or validate your funding sources or transactions.
3.4 BridgeX is entitled, in its sole discretion, to refuse your application for, or to suspend, terminate or limit your use of, the Services, and/or to change the eligibility criteria for registration at any time.
3.5 BridgeX and/or the Issuer may confidentially verify any information you provide, or may obtain information about you through Third-Party Providers from secure databases. By agreeing to these Terms, you consent to such verifications being carried out.
3.6 You must ensure that all information provided to BridgeX, the Issuer and/or any of their Third-Party Providers is accurate and kept up to date. Failure to maintain accurate information or to complete any verification step may result in your inability to use the Services.
4. THE BridgeX CARD
4.1 As a registered user of the App, you may make a request, through BridgeX, to the Issuer for the issuance of a BridgeX Card to you. A BridgeX Card will be issued to you upon approval by BridgeX and the Issuer. Activation of the BridgeX Card must be completed through the App, or by such other means as communicated to you in writing. Both BridgeX and the Issuer reserve the right to decline any request for the issuance of a BridgeX Card, or to revoke at any time any BridgeX Card already issued, for whatever reason.
4.2 The utilisation of the BridgeX Card, the maximum value of any single Card Transaction, and the daily and monthly maximum aggregate values of Card Transactions, will be subject to limits set by BridgeX and/or the Issuer (collectively, “Card Limits”). Applicable Card Limits will be set out on the App. BridgeX may, in its sole discretion, apply different Card Limits to you and may increase or reduce any applicable Card Limit from time to time without notice. Card Transactions in excess of any applicable Card Limit or your Spend Limit will be declined.
4.3 You acknowledge that each physical BridgeX Card is and remains at all times the property of the Issuer and you shall:
(a) exercise all due care and diligence in the custody, care and use of the BridgeX Card;
(b) not tamper with, or allow anyone to tamper with, the BridgeX Card;
(c) not permit the BridgeX Card to be used in any unauthorised manner, including sharing it with another person;
(d) not intentionally deface or damage the BridgeX Card; and
(e) not affix anything onto, or otherwise alter, remove or replace any notice, logo or design on, the BridgeX Card.
4.4 Unless earlier terminated or cancelled, each BridgeX Card shall be valid for the period determined by the Issuer and indicated on the BridgeX Card. We may offer to renew your BridgeX Card on such terms, including any applicable renewal fee and opt-out process, as may be published or directed on our website.
4.5 You are responsible for Card Transactions you authorize and for losses attributable to your fraud or failure to take reasonable security precautions to the extent permitted by Applicable Laws. Unauthorized Card Transactions are handled under Clause 9, Clause 10, applicable Card Network Rules and mandatory legal protections.
5. CARD USAGE
5.1 The BridgeX Card is intended to function as a payment card, and usage shall be dependent on your Spend Limit set by BridgeX and the Card Limits set by BridgeX and/or the Issuer.
5.2 The BridgeX Card may be accepted by Merchants participating in the Card Network. Card Transactions are subject to authorisation by the Issuer and/or its designated processing partners. BridgeX and/or the Issuer will not authorise any Card Transaction for an amount exceeding your Spend Limit or any other applicable Card Limit. The authorisation and processing of Card Transactions, and their settlement on the Card Network, are Reserved Issuer Functions performed by the Issuer as card issuer.
5.3 You can use the BridgeX Card to purchase goods and/or services from a Merchant either online or at a point of sale terminal. This may involve entering Card Data (card number, expiry date and CVC number) or your PIN.
5.4 You must use the BridgeX Card lawfully. Liability for unauthorized transactions remains subject to the investigation and protection provisions in Clauses 9 and 10, Applicable Laws and Card Network Rules.
5.5 ATM Withdrawals.
(a) Where ATM withdrawals are offered as part of your BridgeX Card, you may use your BridgeX Card to withdraw cash from ATMs which accept the BridgeX Card, as may be published or directed on our website. Any such withdrawals are subject to the Card Limits and will not be authorised where Card Limits would be exceeded.
(b) ATM withdrawals may be subject to Fees disclosed by BridgeX from time to time. ATM providers may also charge their own withdrawal fees, for which BridgeX has no control or liability.
(c) Neither BridgeX nor the Issuer shall be liable for any Losses incurred as a result of, or in connection with, any ATM withdrawal or any related currency conversion.
5.6 BridgeX reserves the right, without notice or liability, to: (a) update, change, remove, cancel, suspend or discontinue any aspect of the Services; (b) cease to support any funding asset type; or (c) decline, suspend, cancel, reverse, void or partially execute any Card Transaction. The Issuer may refuse to authorise or process any Card Transaction at its sole discretion, including for risk management, fraud prevention, compliance with Applicable Laws or Card Network Rules, or system or operational reasons.
6. SPEND LIMIT AND SETTLEMENT
6.1 Your Spend Limit reflects the amount available to you to settle your Card Transactions. Details of how your Spend Limit is set, maintained and applied are set out in the BridgeX Card Funding & Loading Terms and the App.
6.2 You acknowledge and agree that the funding of your BridgeX Card and the setting of your Spend Limit are matters solely between you and BridgeX, and that neither the BridgeX Card nor your Card Funding Ledger constitutes, or is intended to operate as, a facility through which you may store value.
6.3 You acknowledge and agree that the BridgeX Card program does not involve the offer or sale of stablecoins or any other virtual assets to you by the Issuer or the Program Manager.
7. FEES AND TAXES
7.1 Your use of the Services and BridgeX Card may be subject to certain Fees, which will, if applicable, be applied against your Spend Limit or deducted at the settlement of your Card Transactions. Should your Spend Limit be insufficient, you undertake to fund your account immediately upon request, failing which BridgeX reserves the right to suspend your use of the Services until all outstanding amounts are settled.
7.2 The list of applicable Fees is set out on the App, on our website, or as otherwise published. BridgeX may update Fees in its sole discretion from time to time. Fees and refunds are subject to the published schedule, the character of the charge and Applicable Laws; any non-refundable charge must be clearly identified before it is imposed.
7.3 All applicable Fees are exclusive of any applicable Taxes, and the actual Fee charged will be increased to account for any such Taxes.
7.4 You are solely responsible for determining, assessing, reporting and remitting all applicable Taxes imposed by any tax authority in connection with your use of the Services and/or the BridgeX Card. Neither BridgeX nor the Issuer shall be responsible for determining whether any Taxes apply, or for calculating, reporting or remitting any such Taxes on your behalf.
8. CARD DATA AND SECURITY
8.1 You shall keep the Card Data of your BridgeX Card strictly confidential and not share the Card Data with any persons other than as necessary to conduct a transaction. When sharing Card Data with Merchants, you will take all precautions to ensure the security and continued confidentiality of the Card Data. For the avoidance of doubt, providing Card Data in clear text over fax, email or other unencrypted or otherwise unprotected media is not considered to be secure. Neither we, the Issuer, nor our respective Affiliates, shall under any circumstances be liable to you for unauthorised transactions caused by your failure to keep the Card Data or PIN secure.
8.2 You shall promptly notify us at [email protected] or through the App without undue delay upon discovering: (a) any inappropriate or unauthorised disclosure of and/or use of your PIN and/or any of the Card Data; (b) any inappropriate or unauthorised access to and/or use of any of the Services effected using your PIN and/or any of your Card Data; and/or (c) that your physical BridgeX Card is lost or stolen, and you shall promptly take such steps as may be specified by us in relation to the foregoing matters (including to change your PIN).
8.3 You must take reasonable steps to safeguard your Enabled Device and credentials and report loss, theft or unauthorized use promptly. Responsibility for unauthorized access or transactions will be determined under Applicable Laws, Card Network Rules, issuer policies and the facts of the incident; no provision of these Terms excludes non-excludable customer protections.
8.4 Should you discover that your Enabled Device is lost or stolen or has been accessed or used in an unauthorised way, you shall notify us of the loss/theft or unauthorised access/use by contacting us at [email protected]. In addition, where your Enabled Device has been accessed or used in an unauthorised manner, you should, as soon as possible, reset the password on your Enabled Device.
9. DISPUTES AND CHARGEBACKS
9.1 You shall contact BridgeX at [email protected] without undue delay, and in any event within the reporting period published in our Disputes Policy, in respect of any dispute regarding the validity of a Card Transaction or any Chargeback request. BridgeX will assist you in the resolution of the dispute or will direct your request to the Issuer and/or the Card Network for processing, in accordance with the Card Network Rules.
9.2 You will be required to comply with the Card Network Rules in relation to any dispute or Chargeback request, including furnishing a written explanation and/or a copy of the related sales transaction receipt and any other information and supporting documents as BridgeX, the Issuer and/or the Card Network may require.
9.3 BridgeX and the Issuer each reserves the right to investigate any disputed transaction. You agree to provide full assistance and cooperate with any such investigation or any investigation by a competent authority, including providing additional information and/or documentation as requested.
9.4 If evidence reasonably concludes that any disputed transaction resulted from your wilful default, fraud or gross negligence, or that the disputed transaction was otherwise effected in compliance with these Terms, you authorise BridgeX to deduct the amount of the disputed transaction and any associated charges against your Spend Limit.
9.5 Any Fees imposed by BridgeX, the Issuer and/or the Card Network for the processing of a dispute or Chargeback may be applied against your Spend Limit and shall not be refundable.
9.6 BridgeX will receive and reasonably assist with eligible transaction disputes and will forward qualifying requests to the Issuer and/or the Card Network where required by the applicable rules. The outcome remains subject to evidence, deadlines, Card Network Rules and mandatory legal rights; nothing herein waives rights that cannot lawfully be waived.
10. ELECTRONIC COMMUNICATIONS
10.1 You shall accept full responsibility for the security and authenticity of all Instructions sent via the App, and shall be bound by all such Instructions. BridgeX shall be entitled to assume that all Instructions received from your Enabled Device via the App are yours and shall be under no obligation to verify that such Instructions are in fact yours.
10.2 You are aware that Instructions and information transmitted via the App are generally transmitted over the internet and may be routed via public installations which are not specifically protected. BridgeX cannot guarantee that Instructions and information so transmitted will be completely protected against unauthorised access, and you accept these associated risks.
10.3 Any Instructions sent by you to BridgeX shall only be deemed received when BridgeX has successfully retrieved such Instructions and informed you of such receipt. Instructions sent to third parties (including Merchants) shall be deemed received in accordance with those third parties’ own terms and conditions.
10.4 You shall be liable for any damage caused through your use of the internet in connection with the Services, including loss, delay, misunderstandings, corrupted texts, unauthorised interceptions by third parties or duplicates.
10.5 You acknowledge and agree that in the event of any dispute arising in connection with your use of the Services, the records of BridgeX and/or the Issuer (including electronic, computer and microfilm stored records) of all matters relating to your use of the Services and the BridgeX Card (including Transaction History) at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes. You agree to the admissibility of such records without further requirement of proof of authenticity or accuracy in a court of law under Applicable Laws.
11. SUSPENSION AND TERMINATION
11.1 The Issuer or BridgeX (as the case may be) may at any time, without notice and in their sole and absolute discretion, terminate, suspend or limit your use or the functionality of the Services (including refusing to process Card Transactions or reversing Card Transactions you have effected), including where:
(a) you are in breach of these Terms or any other applicable terms;
(b) required for compliance with Applicable Laws or Card Network Rules;
(c) BridgeX and/or the Issuer suspects that a Card Transaction is potentially connected to any unlawful activities, including money laundering, terrorism financing or fraudulent activities;
(d) warranted by BridgeX’s or the Issuer’s internal risk monitoring policies;
(e) you become insolvent or any of your assets are subject to insolvency proceedings;
(f) there is reasonable suspicion that you have acted fraudulently or dishonestly;
(g) you breach any Applicable Laws;
(h) any of your funds or assets are subject to enforcement of a judgment or are expropriated or compulsorily acquired;
(i) you are convicted of a tax or other crime in any jurisdiction; or
(j) anything occurs which, in BridgeX’s or the Issuer’s reasonable opinion, is likely to have a material adverse effect on your ability or willingness to comply with your obligations under these Terms.
11.2 Your obligations under these Terms will continue following termination. BridgeX shall remain entitled to apply against your Spend Limit any amounts and charges incurred in or related to Card Transactions carried out before or after termination. You shall remain liable to BridgeX and/or the Issuer for such amounts until paid in full.
11.3 You shall not be entitled to any payment, compensation or damages from BridgeX in relation to any suspension or termination of the Services, the BridgeX Card and/or your Card Funding Ledger for any reason. Any suspension or termination of your use of the Services, the BridgeX Card and/or the Spend Limit for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
11.4 The rights of suspension and termination of BridgeX and the Issuer are without prejudice to any other rights or remedies available to them under these Terms, at law, in equity or otherwise.
11.5 You may request termination of your BridgeX Card and Card Funding Ledger through the App or by contacting [email protected]. Subject to identity checks, Applicable Laws, settlement holds, chargebacks and outstanding Fees, any residual amount legally due to you will be returned through an approved method within 6 months. Unclaimed balances will be handled in accordance with Applicable Laws; these Terms do not independently authorize automatic forfeiture.
11.6 BridgeX and/or the Issuer may, subject to Applicable Laws, delay, deny or reduce the amount eligible for withdrawal to account for the settlement of any outstanding Card Transactions, Chargebacks or Fees.
11.7 Where your BridgeX Card and/or Card Funding Ledger is terminated pursuant to Clause 12.1, BridgeX reserves the right, in its sole and absolute discretion, to restrict, refuse or permanently withhold any remaining funds or assets if it reasonably suspects that such assets are derived from or connected to any unlawful, illegal or fraudulent activities, or where required to comply with Applicable Laws.
12. INTELLECTUAL PROPERTY
12.1 You acknowledge and agree that: (a) BridgeX’s, its Affiliates’, the Issuer’s or third party licensors’ trademarks and logos, and any other logos, service marks, product names and other proprietary indicia used in the App and Site are the property of BridgeX, its Affiliates, the Issuer or third party licensors (collectively, “Marks”); (b) the Intellectual Property Rights in and to the Services are either owned by us or licensed to us by third party licensors; (c) other than the licence expressly granted by you in these Terms, no other rights are granted to you in respect of either the Marks, the App, Site or the Services; (d) no part or parts of the App or Site may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.
13. DATA PROTECTION
13.1 By using the Services, you confirm that you have read and understood our Privacy Policy and consent to us collecting, using, disclosing and sharing amongst ourselves your Personal Data and disclosing such Personal Data to the Issuer, our Third-Party Providers and other relevant third parties for purposes reasonably required by us to facilitate and administer your use of the Services. These purposes are set out in greater detail in our Privacy Policy, which is accessible at: BridgeX Privacy Policy. To the extent that your Personal Data is shared with the Issuer, you agree that the Issuer can use your Personal Data in accordance with its privacy policy, which is accessible at https://info.bridgex.tech/privacy-policy
14. LIMITATION OF LIABILITY
14.1 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE ISSUER AND WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (REGARDLESS OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER THESE TERMS. THE ISSUER’S AND OUR LIABILITY IN RESPECT OF REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED IS LIMITED, AT ITS OPTION, TO ANY ONE OF RE-SUPPLYING, REPLACING OR REPAIRING THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
14.2 NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ISSUER, WE, OUR AFFILIATES OR ANY OF THEIR RESPECTIVE PERSONNEL BE LIABLE TO YOU: (a) FOR ANY LOSSES OR DAMAGE OR CLAIMS (I) DUE TO A FORCE MAJEURE EVENT AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED; (II) ARISING FROM OR IN CONNECTION WITH: (A) ANY DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF THE APP OR SERVICES; (B) ANY REJECTION OF THE BridgeX CARD; (C) ANY REFUSAL TO PROCESS OR AUTHORISE ANY CARD TRANSACTION FOR ANY REASON; (D) YOUR INABILITY TO EFFECT OR COMPLETE ANY CARD TRANSACTION DUE TO SYSTEM MAINTENANCE OR BREAKDOWN / NON-AVAILABILITY OF THE APP, NETWORK, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES; (E) USE OF YOUR ENABLED DEVICE AND THE SERVICES BY THIRD PARTIES, WHETHER AUTHORISED OR UNAUTHORISED BY YOU; (F) ANY THEFT OR LOSS OF YOUR ENABLED DEVICE; (III) CAUSED BY US OR THE ISSUER DUE TO COMPLIANCE WITH APPLICABLE LAWS, COURT ORDERS, AND/OR CARD NETWORK RULES; AND (b) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER WE OR THE ISSUER OR THEIR RESPECTIVE PERSONNEL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.3 In any case, the total aggregate liability of BridgeX and the Issuer arising out of or in connection with the provision of any Service under these Terms shall, to the fullest extent legally permitted, be subject to a liability cap, without limiting any liability or remedy that Applicable Laws prohibit excluding or restricting.
14.4 Neither we nor the Issuer shall be liable for fault on the part of any Third-Party Providers. Liability in such cases shall be limited to using reasonable care in the selection, appointment and instruction of such Third-Party Providers.
14.5 Nothing in these Terms shall limit or exclude any liability for fraud or for death or personal injury resulting from negligence.
15. INDEMNIFICATION
15.1 You agree to defend, indemnify and hold harmless the Issuer, BridgeX, their Affiliates, Third-Party Providers and their respective Personnel from and against all Losses incurred or suffered in connection with or arising from: (i) your breach of these Terms; (ii) your use of the App, the BridgeX Card and/or the Services; (iii) your violation of Applicable Laws or the rights of any third party; and (iv) any transactions resulting from your wilful default, fraud, gross negligence or breach of these Terms.
16. GENERAL
16.1 Feedback and Complaints. If you have any feedback, questions or complaints, please contact us at [email protected] or through the App.
16.2 Notices. All notices or communications under these Terms shall be in writing in English and, if given to BridgeX, delivered by email to [email protected], and if given to you, delivered by email to the address provided by you or by posting on the App. There may be additional or separate terms imposed from time to time by the Issuer that apply to your use of the BridgeX Card. You should regularly check the App and Site to inform yourself of any such changes.
16.3 Amendment. BridgeX and/or the Issuer may amend or update these Terms at any time. Notice of amendments will be provided by posting the updated Terms on the App or by other means reasonably determined by BridgeX. Updated Terms take effect immediately upon posting. By continuing to use the App, Services and/or BridgeX Card after any changes take effect, you accept the updated Terms. If you do not accept any changes, you must stop using the Services immediately. Without limiting the foregoing, the Issuer may amend these Terms where it reasonably determines an amendment is required to comply with Applicable Laws, Card Network Rules, and the Program Manager shall give effect to any such amendment.
16.4 Except for the Issuer and other expressly identified beneficiaries, no third party has rights to enforce these Terms
16.5 Entire Agreement. These Terms constitute the entire agreement and understanding between you, on the one hand, and BridgeX and the Issuer, on the other, with regard to the subject matter, and supersede all prior and contemporaneous agreements, proposals and representations.
16.6 Assignment. These Terms are personal to you and may not be transferred or assigned by you. BridgeX and the Issuer may assign their rights and obligations under these Terms without restriction, including to their respective Affiliates or successors in interest. Any attempted transfer or assignment by you shall be null and void.
16.7 Waiver. No waiver of any provision of these Terms shall be effective unless agreed in writing by all relevant parties. Delay or failure to enforce any provision shall not constitute a waiver of any right arising from any breach.
16.8 Severability. If any provision of these Terms is found to be invalid, illegal or unenforceable, such provision shall be changed and interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions shall continue in full force and effect.
16.9 These Terms shall be governed by Hong Kong Law, subject to any mandatory consumer protections and other Applicable Laws. The parties will first seek to resolve a Dispute in good faith within 60 days. Unresolved disputes shall be referred to Arbitration Forum. No jurisdiction, arbitration clause or waiver is effective until approved by the relevant legal counsel and Issuer.