Issued on 23 OCT 2024

1)  ABOUT US AND HOW TO CONTACT US 

Bycard.com is a website (“Website”) operated by TiK Technology Limited, a limited liability company with its address at 401 Ryland St, Suite 200-A，Reno, NV ,U.S. .

To contact us, please email or telephone our customer service team (for our email address and helpline number, please see www.bycard.com). 

 

2)  DEFINITIONS

In these terms:

Business Firm means a limited liability company, cooperation, partnership, limited partnership, or other legal entity.

Payment and Forex Services means the payment and foreign exchange services provided by TiK Technology Limited.

Services means the Payment and Forex Services and/or the VCC Services, as applicable.

Service Provider means we, TiK Technology Limited, as applicable.

VCC Services means the virtual commercial cards services provided by us or TiK Technology Limited.

 

3)  ABOUT THESE TERMS

Our Website offers a gateway through which you may choose to apply for the VCC Services.

Your accepting these terms does not entitle you to use, or oblige the relevant Service Provider to provide you with, the Services. The relevant Service Provider may, subject to the completion of satisfactory due diligence checks, determine whether to provide you the Services in their sole discretion. If the Service Provider determines to provide you with the relevant Services, they will enter into separate legal agreements with you which will govern your use of such Services, and TiK Technology Limited may be a recipient of your payments.

By using our Website, you confirm that you accept these terms, and that you agree to comply with them. We recommend that you read these terms carefully (in particular section 6 on liability) and print a copy for future reference. If there is anything within these terms that you do not understand, please contact us using the details in section 1. If you do not agree to these terms, you must not use our Website.

You warrant that you have capacity to, on behalf of your Business Firm, enter into these terms and complete the registration and know-your-customer documentation submission procedures on our Website and that you will only use our Website to apply for the Services on behalf of your Business Firm in a legitimate manner.

We may amend these terms from time to time. We will note the date that amendments were last made at the top of these terms, and any amendments will take effect upon posting. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. 

 

4)  RULES WHEN USING OUR WEBSITE

 

WE MAY MAKE CHANGES TO OUR WEBSITE  

We may update and change our Website from time to time to reflect changes to our Services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE  

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

The provision of our Website is reliant on the internet and devices. You fully understand and agree that we will not be liable for any losses suffered by you as a result of our Website not being available due to events, circumstances or causes beyond our reasonable control, including but not limited to internet, system or device instability, computer viruses and hacker attacks.

You are responsible for providing the necessary equipment (including but not limited to an appropriate device and internet connection) and ensuring that all persons who access our Website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT DETAILS

You warrant that all account information supplied by you on behalf of your Business Firm is true, accurate, current and complete.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You fully understand and agree that we will not be liable for any losses suffered by you or your Business Firm as a result of you failing to treat such information as confidential.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you or your Business Firm has failed to comply with any of these terms.

If you or your Business Firm knows or suspects that anyone other than you or your Business Firm knows your user identification code or password, you must promptly notify us using the contact details in section 1 of these terms.

HOW YOU MAY USE MATERIAL ON OUR WEBSITE 

We are the owner or the licensee of all patents, copyright, trademarks, business names and domain names, rights in designs, rights in computer software, database rights and all other intellectual property rights, in each case whether registered or unregistered, in our Website. All such rights are reserved.

Neither you nor your Business Firm may modify the paper or digital copies of any materials you or your Business Firm has printed off or downloaded in any way, and neither you nor your Business Firm may use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

Neither you nor your Business Firm may use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you or your Business Firm prints off, copies or downloads any part of our Website in breach of these terms, your and your Business Firm’s rights to use our Website will cease immediately and you and your Business Firm must, at our option, return or destroy any copies of the materials you have made.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

PROHIBITED USES   

You and your Business Firm may only use our Website for lawful purposes. Neither you nor your Business Firm may use our Website:

•       In any way that breaches any applicable local, national or international law or regulation.

•       In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

•       For the purpose of harming or attempting to harm minors in any way.

•       To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

•       To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You and your Business Firm also agree:

•       Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention with these terms.

•       Not to access without authority, interfere with, damage or disrupt:

Ø  any part of our Website;

Ø  any equipment or network on which our Website is stored;

Ø  any software used in the provision of our Website; or

Ø  any equipment or network or software owned or used by any third party.

•       Not to interfere or attempt to interfere with the normal operation of our Website or any activity that is conducted on our Website.

•       Not to take any action that would result in an unreasonably large data load on our Website’s network.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

We do not guarantee that our Website will be secure or free from bugs or viruses.

You and your Business Firm are responsible for configuring your information technology, computer programmes and platform to access our Website. You and your Business Firm should use your own virus protection software.

Neither you nor your Business Firm may misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Neither you nor your Business Firm may attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. Neither you nor your Business Firm may attack our Website via a denial-of-service attack or a distributed denial-of service attack.

RULES ABOUT LINKING TO OUR WEBSITE  

You and your Business Firm may link to our home page, provided you and your Business Firm do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

Neither you nor your Business Firm may establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Neither you nor your Business Firm may establish a link to our Website in any website that is not owned by you or your Firm (as applicable).

Our Website must not be framed on any other site, nor may you or your Business Firm create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

Financial Crime Compliance

We are required to act in accordance with applicable laws, regulations, policies (including our policies) and request of statutory and regulatory authorities operating in various jurisdictions. These relate, amongst other things, to the prevention of money laundering, terrorist financing, bribery, corruption, actual or attempted tax evasion, fraud and the provision of financial or other services to any persons which may be subject to sanctions. We may in our absolute discretion take any action as we consider appropriate to comply with all such laws, regulations, policies and requests. Such action may include but is not limited to:

•       screening, intercepting and investigating any instruction, drawdown request, application for services, payment or communication sent to or by you or your Business Firm (or on your or your Business Firm’s behalf) and to or from your or your Business Firm’s account;

•       investigating and making further enquiries as to the source of or intended recipient of funds, the status and identity of a person or entity, whether they are subject to a sanction regime, and whether a name which might refer to a sanctioned person actually refers to that person;

•       combining and using information about you or your Business Firm, your personal data, beneficial owners, authorised signatories and other representatives, accounts, transactions, use of our services with other related information possessed by us or our affiliates;

•        delaying, blocking, suspending or refusing to process any payment or instruction to you or your Business Firm or by you or your Business Firm in our absolute discretion;

•       refusing to enter or conclude transactions involving certain persons or entities;

•       terminating our relationship with you or your Business Firm;

•       reporting suspicious transactions to any authority; and

•        taking any other actions necessary for us or our affiliates to meet any legal, regulatory or compliance obligations.

To the extent permissible by law, neither us nor any of our agents shall be liable for any loss (whether direct or consequential and including without limitation, loss of profit or interest) or damage suffered by you or your Business Firm or any third party, caused in whole or in part in connection with Financial Crime Compliance. For the purpose of this section 4, “Financial Crime Compliance” means any action to meet the compliance obligations relating to detection or prevention of financial crime that we may take.

 5)  HOW WE MAY USE YOUR PERSONAL INFORMATION  

We will only use your personal information as set out in our Privacy Policy ([https://app.bycard.com/#/policy]).

 

6)      LIABILITY

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

WE WILL ENDEAVOUR TO ENSURE THAT THE INFORMATION AVAILABLE ON OUR WEBSITE IS ACCURATE AND COMPLETE, HOWEVER TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF THE INACCURACY OR INCOMPLETENESS OF THE INFORMATION.

NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ARE GIVEN BY US IN RESPECT OF ANY INFORMATION WHICH IS PROVIDED TO YOU ON OUR WEBSITE AND ANY SUCH REPRESENTATIONS, WARRANTIES OR CONDITIONS ARE EXCLUDED, SAVE TO THE EXTENT THAT SUCH EXCLUSION IS PROHIBITED BY LAW.

TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU OR YOUR BUSINESS FIRM AS A RESULT OF:

·         INCORRECT DETAILS (SUCH AS NAME, ID DETAILS, NATIONALITY, CONTACT DETAILS, CORPORATE NAME AND CORPORATE DOCUMENTS) SUBMITTED BY YOU OR YOUR BUSINESS FIRM. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF NOT BEING ABLE TO CONTACT YOU OR YOUR BUSINESS FIRM WITH IMPORTANT INFORMATION ABOUT YOUR OR YOUR BUSINESS FIRM’S USE OF OUR WEBSITE, WHERE YOU OR YOUR BUSINESS FIRM HAS PROVIDED INCORRECT CONTACT DETAILS.

•          THE RELEVANT SERVICES PROVIDER DETERMINING NOT TO OR CEASING TO PROVIDE YOU THE SERVICES FOR ANY REASON WHATSOEVER.

•          ANY DIRECT COMMUNICATIONS BETWEEN YOU AND THE RELEVANT SERVICE PROVIDER.

•         FALSE, INACCURATE, OUTDATED OR INCOMPLETE INFORMATION PROVIDED BY YOU AND/OR YOUR BUSINESS FIRM.

•         EVENTS OUTSIDE OF OUR CONTROL, INCLUDING BUT NOT LIMITED TO:

Ø  ACTS OF GOD, FLOOD, DROUGHT, EARTHQUAKE OR OTHER NATURAL DISASTER;

Ø  EPIDEMIC OR PANDEMIC;

Ø  TERRORIST ATTACK, WAR, COMMOTION OR RIOTS, THREAT OF OR PREPARATION FOR WAR, ARMED CONFLICT, IMPOSITION OF SANCTIONS, EMBARGO, OR BREAKING OFF OF DIPLOMATIC RELATIONS;

Ø  NUCLEAR, CHEMICAL OR BIOLOGICAL CONTAMINATION OR SONIC BOOM;

Ø  ANY LAW OR ANY ACTION TAKEN BY A GOVERNMENT OR PUBLIC AUTHORITY; AND

Ø  INTERNET, SYSTEM OR DEVICE INSTABILITY, COMPUTER VIRUSES AND HACKER ATTACKS.

WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

BREACH OF THESE TERMS BY YOU

You and your Business Firm are responsible for any losses suffered by us as a result of any use by you and/or your Business Firm of our Website which is not in accordance with these terms.

 

Failure to comply with these terms may result in our taking all or any of the following actions:

•        Immediate, temporary or permanent withdrawal of your and your Business Firm’s right to use our Website.

•       Issue of a warning to you and your Business Firm.

•       Legal proceedings against you and/or your Business Firm for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

•       Further legal action against you and your Business Firm.

•       Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law. 

7)      COMPLAINTS

If you have any questions or complaints about our Website, please contact us using the details in section 1 of these terms.

8)     GOVERNING LAW AND ARBITRATION

These terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws rules. Any dispute arising out of or in connection with these terms, including any question regarding their existence, validity or termination, shall be finally resolved by arbitration administered under the Commercial Arbitration Rules. The seat of arbitration shall be New York, USA, with proceedings conducted in English by a tribunal of three arbitrators.

9)      LANGUAGE

Where the original English version of these terms has been translated into other languages, the English version shall prevail in the event of any inconsistences between the versions.

10)      GENERAL

These terms are between you, your Business Firm and us. No other person shall have any rights to enforce any of these terms.

If any court or relevant authority finds that part of these terms are illegal, the rest will continue in full force and effect.

Even if we delay enforcing these terms, we may still take steps against you and/or your Business Firm at a later date.