Policies

Effective as of 1/10/2024

 

This Privacy Policy applies to all customers of Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands (“Hoppacard”, “Hoppacard.com”, “we”, “us”, “our”). Please read it carefully before providing us with any information about you.

Hoppacard (“Hoppacard”, “HOPPACARD”, “HOPPA! Card”, “hoppacard.com”) is a brand of Hoppacard Holding B.V.

 

1. Introduction

This policy shows our commitment to transparency and the protection of your privacy rights and sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us.

It applies to the processing of personal data by Hoppacard Holding B.V., in connection with:

• use of any of our products, services, or applications (together the “Services”),
• visit or use our website, hoppacard.com (“Site”) or mobile application (“App”).

Please note that our Services, Site and App are not intended for minors below the age of 18 years, and we do not knowingly collect data relating to minors.

Please contact us using the details provided at the end of the policy, for feedback or any privacy enquiries you may have. To be able to use our services, you must accept the terms and conditions of this Privacy Policy in its entirety.

 

2. Purpose

This Privacy Policy aims to give you information on why and how we collect and process your personal data.

It is intended to inform you about your privacy rights and how the data protection principles set out in the EU (European Union) General Data Protection Regulation (“GDPR”) and the post-Brexit privacy law publicly known as the UK GDPR protect you.

It is important that you read this Policy together with any other notice or policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of why and how we are using your data. This Policy supplements other notices and policies and is not intended to override them.

 

3. About us

In the context of this Policy, Hoppacard Holding B.V.. is a Data Controller. The controller of your personal data is the legal entity that determines the “means” and the “purposes” of any processing activities that it carries out.

 

4. Data Protection Officer

We have appointed a Data Protection Officer (“DPO”) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions or complaints related to this Privacy Policy or our privacy practices, or if you want to exercise your legal rights, please contact our DPO at dpo@hoppacard.com.

 

5. Privacy Complaints  

You have the right to make a complaint about the way we process your personal data to a supervisory authority. If you reside in an EEA (European Economic Area) Member State, you have the right to make a complaint about the way we process your personal data to the supervisory authority in the EEA Member State of your habitual residence, place of work or place of the alleged infringement, or The Bulgarian Data Protection Authority (Commission for Personal Data Protection).

We would, however, appreciate the chance to deal with your concerns before you approach a data protection regulatory authority, so please feel free to contact us in the first instance.

 

6. Our duties and your duties in case of changes

We keep our Privacy Policy under regular review. This version was last updated on the date marked in the beginning of the document. From time to time, there will be new versions of this document. We will also additionally inform you on material changes of this Privacy Policy in a manner which will effectively bring the changes to your attention. It is important that the personal data we hold about you is current and accurate. We would like to remind you that it is your responsibility to keep us informed if your personal data changes during your relationship with us.

 

7. Third-party links

Our website and any applicable web browser, as well as our mobile application or application programming interface required to access the Services (“Applications”), may include links to third-party websites, plugins, and applications (“Third-Party Sites”). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these Third-Party Sites and are not responsible for their privacy statements and policies. When you leave our Site or Applications, we encourage you to read the privacy notice or policy of every Third-Party Site you visit or use.

 

8. Information we collect from you

You may provide some information to us, for example when you enquire for or make an application for the Services, register to use and/or use any Services, by filling in forms on one of our websites, or by corresponding with us by phone, e-mail, web chat or otherwise. We may collect some of it through automatic means, for example by using cookies when you visit our websites. Read our Cookie Policy to know more. We may also obtain data about you from third parties, like credit reference and fraud prevention agencies.

Hoppacard also collects non-personal information or may anonymise personal information to make it non-personal. Non-personal information is information that does not enable a specific individual to be identified, either directly or indirectly. Hoppacard may collect, create, store, use, and disclose such non-personal information for any reasonable business purpose. For example, Hoppacard may use aggregated transactional information for commercial purposes, such as trend analysis and the use of data analytics to obtain learnings and insight around payment transaction patterns and usage.

To the extent that Internet Protocol (IP) addresses (or similar identifiers) are clearly defined to be personal information under any local law, and where such local law is applicable to Services, we will manage such identifiers as personal information.

Please note that Hoppacard provides services to both individual consumers and businesses and this privacy policy applies to both and should be read and interpreted accordingly.

Depending on whether and how you use our Services, Website or App, we will collect, use, store and transfer different kinds of personal data about you which we have grouped in categories as follows:

8.1. Data categories

Category of personal data	Examples of specific pieces of personal data
Identity Data	first name, maiden name, last name, username or similar identifier, title, date of birth and gender, biometric information, including a visual image of your face, national identity cards, passports, driving licences or other forms of identification documents,a visual image of your face which we will use, in conjunction with our sub-contractors.
Contact Data	residence details, billing address, delivery address, home address, business address, email address and telephone numbers, proof of address documentation.
Financial Data	bank account, payment card details, virtual currency accounts, stored value accounts, amounts associated with accounts, external account details, source of funds and related documentation.
Transactional Data	bank account, payment card details, virtual currency accounts, stored value accounts, amounts associated with accounts, external account details, source of funds and related documentation.
Technical Data	internet connectivity data, internet protocol (IP) address, operator and carrier data, login data, browser type and version, device type, category and model, time zone setting and location data, language data, application version and SDK version, browser plug-in types and versions, operating system and platform, diagnostics data such as crash logs and any other data we collect for the purposes of measuring technical diagnostics, and other information stored on or available regarding the devices you allow us access to when you visit the Site, or use the Services or the App
Profile Data	your username and password, your identification number as our user, information on whether you have another App account and the email associated with your accounts, requests by you for products or services, your interests, preferences and feedback, other information generated by you when you communicate with us, for example when you address a request to our customer support.
Usage Data	information about how you use the Site, the Services, mobile applications, and other offerings made available by us, including: device download time, install time, interaction type and time, event time, name, and source.
Marketing and Communications Data	your preferences in receiving marketing from us or third parties, your communication preferences, your survey responses.

 8.2. Refusal to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you refuse to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you – for example, to provide you Services. In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

 

9. How we collect your data

We use different methods to collect information from and about you, including:

9.1. Direct interaction.

This happens when you visit our website or Application, apply for our services, open an account, etc.

9.2. Indirect automated interaction.

As you interact with us via our Site or App, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We will also collect Transactional Data and Usage Data. We may also receive Technical Data and Marketing and Communications Data about you if you visit other websites employing our cookies.

9.3. Third parties or publicly available sources.

We also obtain information about you, including Social Identity Data, from third parties or publicly available sources. These sources may include:

• fraud and crime prevention agencies,
• a customer referring you,
• publicly available information on the Internet.

 

10. How we use your data

10.1. General usage

We use information we collect about you to provide you with the products we offer, to notify you about changes to our products and to improve our products. Your information may also be used to contact you about your account, your use of the Services, to alert you to potential problems, as well as to respond to your questions to us. We also use this information to provide you with information about other products we or selected third parties offer which are similar to the ones you have used or exhibited interest in, or we think may be of interest to you. If you use one of our financial products, we will also use your information to assess your financial situation and to try to identify and prosecute frauds and other abuses of the financial system.

10.2. Lawful basis

We will only use your personal data when the applicable legislation allows us to. In other words, we must ensure that we have a lawful basis for such use. Most commonly, we will use your personal data in the following circumstances:

• performance of a contract – we use this basis for provision of our Services;
• legitimate interests – our interests (or those of a third party), where we make sure we use this basis as far as your interests and individual rights do not override those interests;
• compliance with a legal obligation – processing your personal data where we need to comply with a legal obligation, we are subject to;
• consent – freely given, specific, informed, and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to you.

10.3. Marketing

We may use your Identity Data, Contact Data, Technical Data, Transactional Data, Usage Data and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. You will receive marketing communications from us if you have requested information from us and consented to receive marketing communications, or if you have purchased from us and you have not opted out of receiving such communications. We will use your Marketing and Communications Data for our respective activities.

10.4. Third-party marketing

We will get your opt-in consent before we share your personal data with any third party for marketing purposes.

10.5. Opting out

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.

Further, you can let us know directly that you prefer not to receive any marketing messages by emailing dpo@hoppacard.com.

Where you opt out of receiving marketing messages, this will not apply to service messages which are directly related to the use of our Services (e.g., maintenance, change in the terms and conditions and so forth).

10.6. Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services or Site may become inaccessible or not function properly. For more information about the cookies we use, please review the Cookie Preferences.

10.7. Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

10.8. Sale or transfer of business

We may also need to process your data in connection with or during the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving all or a part of our shares, business, or assets. This will be based on our legitimate interests in carrying out such transaction, or to meet our legal obligations.

 

11. Disclosure of personal data

We will not disclose your personal information to anyone except as described in this policy.

We may share your personal information with other companies in the Group or our partner companies.

Your personal information (as necessary, but generally limited to full name and email address) may be shared with the recipient/sender of a payment in the context of the specific relevant transaction. This may involve transferring your personal data outside the European Economic Area (EEA) or the UK. We may share your personal information with third parties to provide you with the products we offer, including service providers, credit reference agencies and financial institutions. We may also share your personal information with third parties, including our or other applicable regulators and third parties you may have had dealings with, to prevent crime and reduce risk, if required to do so by law, where we deem it appropriate to do so, to respond to legal process, for the purpose of investigating a breach of third-party terms of business, or to protect the rights or property of Hoppacard, our customers or others.

We explicitly share your information with the following parties: SumSub (http://ww.sumsub.com), Unlimit (http://www.unlimit.com), GateHub (http://www.gatehub.net)  and we also keep it in our local secure records. We minimise the scope of data shared and only for an explicit purposes and needs. We also share your information with other parties that you might onboard via our service, especially if they require KYC to provide services to you.

 

12. Data storage

The information that we collect from you may be transferred to, stored at, and processed by recipients located in destinations outside the European Economic Area (“EEA”). These countries may have data protection standards that are different to those of the territory in which you reside. We will take reasonable steps to ensure that the recipients will use and protect your information in a secure manner.

If we have given you (or if you have chosen) a password, access code or any other secure means or access or authentication which enables you to access certain parts of our site, you are responsible for keeping this password confidential and complying with our instructions. You must not share credentials with anyone else, and you authorise Hoppacard to act upon instructions and information from any person that enters your credentials.

The transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

 

13. Data retention

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

Here are some factors we usually consider when determining how long we need to retain your personal data:

• in the event of a complaint;
• if we reasonably believe there is a prospect of litigation in respect to our relationship with you or if we consider that we need to keep information to defend possible future legal claims (e.g., email addresses and content, chats, letters will be kept up to 10 years following the end of our relationship, depending on the limitation period applicable in your country).
• to comply with any applicable legal and/or regulatory requirements with respect to certain types of personal data:

– under the EU Anti-Money Laundering legislation (Anti-Money Laundering Directives) we are obliged to retain your personal data for a period of 5 years after the end of the relationship between us as a company and you as a customer; this period may be further extended in certain cases if so provided by and in accordance with the applicable legislation; the same is valid also under the anti-money laundering legislation of the UK;

– if information is needed for audit purposes and so forth;

• in accordance with relevant industry standards or guidelines;
• in accordance with our legitimate business need to prevent abuse of the promotions that we launch. We will retain a customer’s personal data for the time of the promotion and for a certain period after its end to prevent the appearance of abusive behaviour.

Please note that under certain condition(s), you can ask us to delete your data: see your legal rights below for further information. We will honour your deletion request ONLY if the condition(s) is met.

 

14. Your legal rights

You have rights we need to make you aware of. The rights available to you depend on our reason for processing your personal data. If you need more detailed information or wish to exercise any of the rights set out below, please contact us.

 

15. Charges

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is manifestly unfounded or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

 

16. Period for replying to a legitimate request

The statutory period under GDPR for us to reply to a legitimate request is one month. That period may be extended by two further months where necessary, considering the complexity and number of the requests. Please note that we may request that you provide some details necessary to verify your identity when you request to exercise a legal right regarding your personal data.

 

17. Contact us

All comments, queries and requests relating to our use of your information are welcomed. If you wish to exercise any of your rights, you contact us by using dpo@hoppacard.com.

Effective as of 14/04/2023

 

This Cookie Policy applies to all customers of

Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands (“Hoppacard”, “Hoppacard.com”, “we”, “us”, “our”). Please read it carefully before providing us with any information about you.

Hoppacard (“Hoppacard”, “HOPPACARD”, “HOPPA! Card”, “hoppacard.com”) is a brand of Hoppacard Holding B.V.

 

1. Introduction  

Hoppacard Holding B.V. and any of its group companies use “cookies” and other technologies when you use its websites, mobile sites, or mobile apps. This notice applies additional to any other Terms and Conditions or contract provision for the Hoppacard service being used.

 

2. Purpose 

In this policy, we explain how you can control which cookies are used and learn more about cookies and similar technologies. If you want to know more about how Hoppacard handles your data, you can find more information in our Privacy Policy.

 

3. Websites: Granting, changing, and withdrawing consent

When using our websites, mobiles sites and mobile apps, you will be asked to acknowledge your consent before we place cookies or similar technologies on your device. You can withdraw or change this consent unless those cookies are strictly necessary to operate the site or provide the services.

We use a Cookie Banner to make sure we have your permission to collect data, and a Cookie Preference Centre to allow you to grant and change your permissions.

Granting consent is simple. When the Cookie Banner appears, click “Accept All,” or continue browsing. If you want to refuse or have more control over which cookies we use, you can do so using the Cookie Preference Centre.

To change or withdraw consent, you are offered a couple of options:

1. Click “Cookie Settings” on the Cookie Banner. This will take you to the Cookie Preference Centre, where you can select only the cookies you want to be active.
2. Click the link to access the Cookie Preference Centre.

When you first visit the preference centre, all cookies will be switched off, except for those which are strictly necessary. If you have already accepted cookies, the preference centre will show your choices. Selecting “Save Settings” will save your choices, or you can choose to “Allow All” cookies.

Please note: if you have deleted your cookies or use a browser or browser settings which prevent cookies remaining on your device, you will see the Cookie Banner each time you visit our sites, and the preference centre will reset. This is because we use a cookie to remember your privacy preferences. You can also set your browser to restrict cookies or to reject them entirely, but this may affect your browsing experience.

 

4. Mobile apps: Granting, changing, and withdrawing consent

Our mobile app also collects data using technology similar to cookies. This helps us learn how our apps are used and how they can be improved and helps to make your data more secure.

Our mobile apps contain a preference centre which gives you control of what data we use about you. If you want to check or change these settings, simply open the app, go to your Profile, find the preference centre in your Privacy Settings, and select the data preferences which suit you.

 

5. What are cookies and similar technologies, and what do they do?

Cookies and similar technologies are used to gather information from website visitors, for specific purposes.

5.1. Cookies

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website and mobile application owners to make their websites and apps work, or to work more efficiently, as well as to provide reporting information.

Hoppacard uses cookies to do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences and improving your browsing experience. We also use them to help ensure that any ads you see on our sites and those of others are more relevant to you and your interests.

If you visit our websites, mobile sites, or use our mobile app, we will deploy cookies and similar technologies to provide an online service more suited to the device you connect from, as well as to prevent and detect fraud and to help keep you secure. When you visit our websites from any device (e.g. mobile device or PC), we collect information about your use of the site, such as information about the device or browser you use to access the site (including device type, operating system, screen resolution, etc.), the way you interact with the site, and the IP (Internet Protocol) address your device connects from.

This allows us, for example, to monitor the traffic patterns of users from one page within our websites to another, to deliver or communicate with cookies, to understand whether you have come to our websites from an online advertisement displayed on a third-party website, to improve site performance and to measure the success of our e-mail marketing campaigns.

In many instances, our online services are reliant on cookies to function properly, and so declining cookies will impair their functioning, e.g., you may not be able to initiate or complete some activities within our secure online services unless these cookies or similar technologies are installed.

Additionally, please note that we may not be able to process certain transactions if you are physically located in certain countries.

Cookies set by the website/app owner (in this case, Hoppacard) are called “first party cookies”.

Cookies set by parties other than the website/app owner are called “third-party cookies”. Third-party cookies enable third-party features or functionality to be provided on or through the website/app (e.g., such as advertising, interactive content, and analytics). The parties that set these third-party cookies can recognise your computer both when it visits the website in question and when it visits certain other websites.

Cookies and some of the similar technologies we use can also be disabled on your device settings or browser, but this may significantly impact the ability for our websites, mobile sites, or mobile apps to work on your devices.

5.2. Pixel Tags

We also use similar technologies such as ‘pixel tags’ and ‘JavaScript’ to undertake these tasks. Pixel tags and JavaScript are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our website or opened an e-mail that we have sent them.

JavaScript and some of the similar technologies we use can also be disabled on your device settings or browser, but this may significantly impact the ability for our websites, mobile sites, or mobile apps to work on your devices.

5.3. What do the cookies do?

There are several types of cookies which are used for different purposes. In this section, we describe five distinct functions, but be aware that not all these types will be used on every website you visit, and some cookies may fit into multiple categories.

5.3.1. ‘Strictly necessary’ cookies

These cookies are necessary for the website to function correctly and cannot be switched off in our systems.

They are usually only set in response to actions made by you which amount to a request for services. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. They are activated when you visit our website and remain active for the duration of your visit.

‘Strictly necessary’ cookies store data which can be used to: remember your privacy preferences; allow you to log in or fill in forms; move around the website and use its features, such as accessing secure areas of the website; meet our legal and regulatory requirements, for example, anti-money laundering and fraud prevention; secure your account and prevent it being misused by others.

5.3.2. ‘Performance’ cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site to give you a better service.

They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not be able to use your experience of the site to monitor and improve its performance.

Performance cookies can be used to: record where visitors click on each page and track which services they look for; log error messages from web pages; help improve the websites to make information and services quicker and easier to access on both desktop and mobile browsers.

5.3.3. ‘Functional’ cookies

These cookies allow the website to remember choices you make (such as your username, language, or the region you are in) and provide enhanced, more personal features.

For instance, a website may be able to provide you with local weather reports or traffic news by storing in a cookie the region in which you are currently located. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These cookies remember choices you make to improve your user experience.

5.3.4. ‘Targeting’ cookies

These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of advertising campaigns.

They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation. These cookies collect information about your browsing habits to make advertising relevant to you and your interests.

If you disable these cookies, you will still see advertising, but it will not be profiled to show content and offers of most interest to you.

5.3.5. ‘Social Media’ cookies

These cookies are set by a range of social media services where we have added them to the site to enable you to share our content with your friends and networks.

They can track your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies, you may not be able to use or see these sharing tools and any content of offers provided may be of less relevance to you.

5.3.6. Cookies in Emails

We use cookies and similar technology in some of our emails which contain hyperlinks, each of which has a unique tag. They help us to understand how you interact with our emails and are used to improve our future email communications to you.

If you click on links contained in the email it will allow us to track your use of our website and enable us to show content and offers of most interest to you.

If you do not wish to accept cookies from any one of our emails, simply close the email before downloading any images or clicking on any links. You can also set your browser to restrict cookies or to reject them entirely. These settings will apply to all cookies whether included on websites or in emails. If you have configured your computer to automatically display images, or if you have added us to your email “address book” (or “safe senders” list), or if you have configured your computer to have “weak” security, cookies might be set at the same time as you download, open, or read an email from us. If you would prefer for this not to happen, you should disable the automatic displaying of images, or remove us from your address book or strengthen your security settings.

 

6. How does Hoppacard work with third parties to show you tailored ads?

We work with third parties, such as advertisers, publishers, social media networks, search engines and agencies, to improve the relevance of the adverts we serve.

In providing tailored ads we will associate your interactions on our websites with information about how you use your account. We use cookies to collect your information and we do this to gain insights into your interests so that the messages we deliver to you are more relevant to your needs. We do not provide this combined insight data to advertisers or to third party sites that display our tailored ads. We simply ask them to display specific ads to you. Advertisers and other third parties may assume that users who interact with or click on a tailored ad or content are part of the group that the ad or content is directed towards (e.g., users in a particular geographical area, or users who purchased or browsed for ”HOPPACARD”) and thus may infer details about you.

Our aim in using these technologies is to provide you with relevant offers and adverts based on the information we hold and your use of our services, including information that others can lawfully supply.

If you choose to opt-out of targeting cookies in our cookies settings we will not place any targeting cookies or similar technologies on your device, but you may still see adverts, however, these will not be as relevant to you.

If you choose to opt-out of Digital Media marketing in your account settings we won’t use your data to analyse trends in your use of your account, or to improve the way we target users across these platforms in e.g. custom audience/lookalike campaigns where we ask our partners to deliver messages on their platforms to certain customers or share non-personally identifying attributes about our existing customers to these platforms to locate similar prospects/leads. Opting out will mean you may still see adverts from us, but again they will be less relevant to you.

 

7. Who does Hoppacard work with to show you tailored ads?

Learn more about who we work with, and how to access their privacy policies and notices here.

Hoppacard uses third party advertisers (or advertising companies working on their behalf) to deliver content, including ads, directly to your browser or device. On occasion we may use these third parties’ own cookies in the process of delivering this content.  These cookies may also be used to measure the effectiveness of our ads and show you more relevant advertising content.

The main agencies we use, whose privacy pages we have linked to include:

Oracle

Adobe

Google

Facebook

Instagram

Twitter

LinkedIn

Bing

Effective as of 1/10/2024

 

1. About us

Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands (“Hoppacard”, “Hoppacard.com”, “we”, “us”, “our”). Please read it carefully before providing us with any information about you.

Hoppacard (“Hoppacard”, “HOPPACARD”, “HOPPA! Card”, “hoppacard.com”) is a brand of Hoppacard Holding B.V.

All regulated services, banking, and issuing are offered and under the control of Unlimit EU Ltd.

Hoppacard Holding B.V., provides you with software services relating to your Hoppacard account. Software services means the set of tools, allowing you to create an account and operate with it, as well as the background services required so that the respective payment services could be provided successfully. To provide you with payment services, we work in close cooperation with licensed electronic money institutions.

The Account can be activated and managed online via the Hoppacard’ Website and/or via our mobile application accessible for iOS and Android users.

 

2. About our Partners

Unlimit EU Ltd, a company registered in Cyprus with corporate address at 125, Georgiou Griva Digeni, Limassol, 3101, Cyprus, and company number HE 328641, (hereinafter referred to in this Agreement as “Unlimit” or “Partner”). You can find out more information here: Unlimit . Any services operated by Unlimit are subject to additional Terms and Conditions described in detail here.

HOPPACARD d.o.o., a company registered in Slovenia with registration number 9221638000 and registered address Dunajska cesta 158, 1000 Ljubljana, Slovenia, (hereinafter referred to in this Agreement as “HOPPACARD” or “Partner”).

Additional partners may be added to or removed from this section without explicit notifications or consent. Check regularly for the latest information and if you need to know more about our Partners.

These Terms and Conditions do not govern your relationship with our Partners, they only govern your relationship with Hoppacard Holding B.V.

 

3. Scope of these Terms

3.1. These Terms and Conditions govern the opening, use and closure of your Hoppacard account and other related payment services as referred to herein. Together with any other terms and conditions referred to in these Terms, they constitute the agreement between you and us. You are advised to print or download and keep a copy of these Terms of Use for future reference. You can always view the current Terms of Use on our Website.

3.2. You accept these terms and conditions by activating your account. You should read them carefully before activating your account.

3.3. Depending on the services you select to use, you might be required to accept additional Terms and Conditions.

 

4. Definitions 

“Agreement” means this agreement and the privacy policy.

“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday.

“Consumer“ means an individual who, in entering into this Agreement, is acting for a purpose other than a trade, business or profession.

“Customer Service” means our customer service, which you can reach by sending a message through the options described in these Terms or on our website.

“Electronic Money” means electronically stored monetary value.

“Fees” means the charges payable by you to us for using our services.

“Payment Method” means bank transfer and payment instruments including, but not limited to, credit cards and debit cards.

“Hoppacard Website” or “Website” means the website available at www.hoppacard.com.

“Regulations” means the Payment Services Directive 2017, as well as any applicable regulations in the Bulgaria related to the specific services we provide.

“Safeguarded Account” means the bank account(s) belonging to our licensed Partner, which are separate to ours or their own office bank accounts, into which they will receive money from you, or on your behalf, in return for the issuance of Electronic Money.

“Payment Services” means the e-money account, wallet, or related services provided by our licensed partners.

“Software Services” and/or “Services” means the platform and technical tools provided by Hoppacard with which you can operate your wallet.

“Terms of Use”, means these Hoppacard Account Terms and Conditions, published on the Website and as may be amended from time to time.

“We”, “us” or “our” means Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands,

“You”, “your” means the natural person or the account holder of the Hoppacard Account.

 

5. Interpretation

Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses within this Agreement, if not otherwise specified.

Any words following the terms “including”, “include”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.

Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

A reference to a statute or statutory provision is a reference to it as amended, extended, or re‑enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.

 

6. Opening your Hoppacard Account

6.1. To use the payment services, you must first open a Hoppacard Account by registering your details on our website or mobile application. As part of the signup process, you will need to accept these Terms of Use and our Privacy Policy, and you must have the legal capacity to accept the same. If you order additional services, you may be asked to accept additional terms and conditions.

6.2. As an individual, you must be 18 years or older to use our services and by opening a Hoppacard Account you declare that you are 18 years or older. We may require at any time that you provide evidence of your age.

6.3. You may only open one Hoppacard Account unless we explicitly approve the opening of additional accounts.

6.4. You may only open an Account if it is legal to do so in your country of residence. By opening an Account, you represent and warrant to us that your opening of this Account does not violate any laws or regulations applicable to you. You shall pay us the amount of any losses we incur in connection with your breach of this section.

6.5. All information you provide during the signup process, or any time, thereafter, must be accurate and truthful.

6.6. You may only use Payment Methods if you are the named holder of the account for that Payment Method. We take any violation of this requirement very seriously and will treat any attempt to add a Payment Method of which you are not the named holder as a fraudulent act.

6.7. To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, the Proceeds of Crime Act 2002, and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, we will obtain from you, and retain, evidence of your personal identity in our records. If satisfactory evidence is not promptly provided, we may not be in the position to accept your payment instructions or offer you any kind of services.

6.8. You may chose to use the crypto exchange services included in the app. All services connected to Crypto are executed via GateHub (http://www.gatehub.net) and are available for selected countries. Please check GateHub website for their terms and conditions and information on the services provided. Please check your local laws and regulations for potential actions you may need to make on your side to remain compliant, such as registering your account with authorities or reporting crypto transactions. Hoppacard does not offer any crypto related services and only facilitates GateHub services.

 

7. Maintaining your Hoppacard Account

7.1. You must ensure that the information recorded on your Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence. If satisfactory evidence is not promptly provided, we may not be in the position to accept your payment instructions or offer you any kind of services.

 

8. Services 

8.1. As part of the Services, Hoppacard, in partnership with our licensed EMI Partners, shall issue you with Electronic Money upon receipt of money from you, store your Electronic Money and redeem Electronic Money both on your express instruction and in accordance with this Agreement.

8.2. Our Services do not include the provision of advice. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.

8.3. We reserve the right to change the scope of our Services from time to time and enhance them. We would aim to inform you about new products and features as soon as we reasonably can and obtain your consent where applicable. From time to time, you might need to accept additional Terms and Conditions to be able to use those new products or services.

8.4. Products and services are subject to availability based on multiple factors, including but not limited to your country of residence, nationality, our coverage, and the coverage of our Partners. We will always aim to extend the provision of our Services, however, in some instances there are objective reasons for not being able to do so, and Hoppacard must not be held liable for this.

8.5. Where we receive money from you, this money will be held by our licensed Partners, in the relevant Safeguarded Account, in exchange for the issuance of Electronic Money.

8.6. Your funds will not be used for any other purpose and in the unlikely event of insolvency, your e-money will be protected as per the applicable regulations.

8.7. There is a difference in holding Electronic Money and a Bank holding your money, in the sense that:

(i) neither we, nor our Partners could or would use the funds to invest or lend to other persons or entities.

(ii) Electronic Money will not accrue interest.

8.8. You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for longer than a specified period without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known payment instrument we have on file for you.

8.9. We accept no responsibility if you send money to the incorrect account.

8.10. We do not accept cash deposits, third party deposits, or cheques. We accept money via a variety of methods of electronic funds transfer to our bank account, the details of which will be displayed to you during a transaction or provided upon request.

 

9. Keeping your Hoppacard Account Safe

9.1. You must take all reasonable steps to always keep your Hoppacard Account password and any other security features safe and never disclose them 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 or other security features, other than the Hoppacard Website or a Hoppacard payment gateway on a merchant website, should be reported to us immediately.

9.2. If you have any indication or suspicion of your Hoppacard Account, 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 also contact us using the contact details available on our website without undue delay.

9.3. We may suspend your Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Account or any of its security features or if we reasonably suspect that an unauthorized or fraudulent use of your Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests.

9.4. You must take all reasonable care to ensure that your e-mail account(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 Account.

9.5. Irrespective of whether you are using a public, a shared or your own computer to access your Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded.

 

10. Closing your Hoppacard Account

10.1. You may close your Hoppacard Account at any time by contacting us via email: support@hoppacard.com.

10.2. In some cases, fees relating to ongoing management of inactive accounts may continue to be charged following closure of your Account. This provision shall survive termination of the relationship between you and us.

10.3. If your Hoppacard Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period, during which your Account will be accessible for the purpose of withdrawing the remaining balance only.

10.4. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorizing any withdrawal of your funds, including in relation to returning any funds to you after you have closed your Hoppacard Account.

10.5. We recommend that you reclaim or spend in full any funds in your Hoppacard Account as soon as possible before your Account is closed.

 

11. Prohibited Transactions

11.1. It is strictly forbidden to attempt transactions related to the sale or supply of: tobacco products, prescription drugs, drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, material which incites violence, hatred, racism or which is considered obscene, government IDs and licenses including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or unlicensed or illegal gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, multi-level marketing, pyramid selling or Ponzi schemes, matrix programs or other “get rich quick” schemes or high yield investment programs, goods or services that infringe the intellectual property rights of a third party, un-coded/miscoded gaming, timeshares or property reservation payments (On and Off Plan). We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms of Use or an acceptable use policy published on the Website.

11.2. It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your Hoppacard Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your Account for or in connection with illegal gambling transactions. This list is not exhaustive, and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.

11.3. You may not use our services if you are residing in certain countries. This would depend on our partnerships and other regulations, and we may in our sole discretion decide to discontinue or restrict our services in specific countries at any time and without prior notice.

11.4. It is strictly forbidden to use your Hoppacard Account for any illegal purposes including but not limited to fraud and money laundering. We will investigate and report any suspicious activity. We reserve the right to withhold any remaining funds and cover any outstanding expenses because of similar attempts.

11.5. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, we reserve the right to: reverse the transaction; and/or close or suspend your Hoppacard Account; and/or report the transaction; and/or claim damages from you.

 

12. Fees

12.1. Fees depend on whether you are using your Hoppacard Account for personal or commercial purposes, the services you are using and your registered country. Your Fees will be made available to you prior to commencing a business relationship.

12.2. Your transactions may be subject to currency conversions.

12.3. Fees and limits are available here.

 

13. Your personal data

13.1. You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing services to you. This does not affect our respective rights and obligations under data protection legislation. You may withdraw this consent by closing your Hoppacard Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.

13.2. Detailed information about your personal data and the way we collect, handle, keep and transfer it, is available in our Privacy Policy, which can be found on our website.

 

14. Liability

14.1. Where we and another person (such as a payment services provider) are liable to you in respect of the same matter, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.

14.2. Hoppacard shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control, or the control of the intermediary affected.

14.3. Hoppacard 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. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

14.4. Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

14.5. Our obligation under these Terms of Use is limited to providing you with a software, allowing you to access an electronic money account and related payment services and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a third party.

14.6. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the Hoppacard Account or the services we or our Partners provided.

14.7. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.

 

15. Termination

15.1. We may terminate your Hoppacard Account, or any payment service associated with it by giving you two months’ prior notice. You may terminate your Hoppacard Account with us at any time.

15.2. We may at any time suspend or terminate your Hoppacard Account without notice if:

(i) you breach any condition of these Terms of Use or any other condition applicable to specific services covered by separate terms and conditions;

(ii) you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services;

(iii) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;

(iv) you harass or engage in obscene, rude, or abusive behaviour against us or any of our representatives.

15.3. We may at any time suspend your Hoppacard Account without notice, if:

(i) we reasonably believe that your Account has been compromised or for other security reasons; or

(ii) we reasonably suspect your Account to have been used or is being used without your authorization or fraudulently, and we shall notify you promptly after the suspension unless we are prohibited by law to do so.

 

16. Changes to these Terms of Use

16.1. These Terms of Use and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.

16.2. We shall give notice to you of any proposed change by sending an email to the primary email address registered with your Hoppacard Account.

16.3. We will aim to send information about upcoming changes as early as reasonably possible, but not later than a week before the new Terms come into effect.

16.4. You have the right to object to those changes. If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your Hoppacard Account.

 

17. Communication

17.1. We would usually communicate via email. For this purpose, you must always maintain a valid email address in your profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our website.

17.2. We will never send you any emails with executable files attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication originates from us, please contact us.

17.3. We will communicate to you in English and will always accept communications made to us in English.

17.4. Apart from communicating via email, we may contact you via chat, letter, or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS.

17.5. You may contact us at any time by sending a message to our Customer Service Team. Contact details are available on our website.

 

18. Complaints

18.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you wish to make a complaint to us. This helps us to distinguish a complaint from a mere query. If you feel that we have not met your expectations in the delivery of our Services, please contact us via email at complaints@hoppacard.com.

18.2. More information on how we will handle your complaint, timelines, and next steps, is available on our website, in the form of a Complaints Leaflet.

 

19. Assignment

We may assign this Agreement to another company at any time. If we assign the Agreement to another company, you will be given prior notice of this. Unless you tell us within 2 weeks that you do not want to continue with the Agreement after the assignment, you agree that we can assign the Agreement in this way. Your rights will not be affected by such assignment should it happen. You may not assign the Agreement to a third party. Your right to terminate the Agreement under clause 18 is not affected.

 

20. Miscellaneous

20.1. No person other than you shall have any rights under these Terms of Use.

20.2. Your Hoppacard Account is personal to you, and you may not assign any rights under the Terms of Use to any third party.

20.3. These Terms shall be governed by and interpreted in accordance with Bulgarian Laws. In the instance of a dispute, both parties agree that they would first endeavour to resolve them by open communication in writing, or where applicable by including independent adjudication or mediation. Notwithstanding the foregoing, and in the instance that resolution is not achieved through these means, all claims arising out of or in connection with this agreement will be resolved by the Courts of Amsterdam in the Netherlands, except where prohibited by applicable EU laws.

20.4. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

Effective as of 14/04/2023

 

1. About us

Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands (“Hoppacard”, “Hoppacard.com”, “we”, “us”, “our”). Please read it carefully before providing us with any information about you.

Hoppacard (“Hoppacard”, “HOPPACARD”, “HOPPA! Card”, “hoppacard.com”) is a brand of Hoppacard Holding B.V.

All regulated services, banking, and issuing are offered and under the control of Unlimit EU Ltd.

Hoppacard Holding B.V., provides you with software services relating to your Hoppacard account. Software services means the set of tools, allowing you to create an account and operate with it, as well as the background services required so that the respective payment services could be provided successfully. To provide you with payment services, we work in close cooperation with licensed electronic money institutions.

The Account can be activated and managed online via the Hoppacard’ Website and/or via our mobile application accessible for iOS and Android users.

 

2. About our Partners

Unlimit EU Ltd, a company registered in Cyprus with corporate address at 125, Georgiou Griva Digeni, Limassol, 3101, Cyprus, and company number HE 328641, (hereinafter referred to in this Agreement as “Unlimit” or “Partner”). You can find out more information here: Unlimit . Any services operated by Unlimit are subject to additional Terms and Conditions described in detail here.

HOPPACARD d.o.o., a company registered in Slovenia with registration number 9221638000 and registered address Dunajska cesta 158, 1000 Ljubljana, Slovenia, (hereinafter referred to in this Agreement as “HOPPACARD” or “Partner”).

Additional partners may be added to or removed from this section without explicit notifications or consent. Check regularly for the latest information and if you need to know more about our Partners.

These Terms and Conditions do not govern your relationship with our Partners, they only govern your relationship with Hoppacard Holding B.V.

 

3. Scope of these Terms

3.1. These Terms and Conditions govern the opening, use and closure of your Hoppacard Account and other related payment services as referred to herein. Together with any other terms and conditions referred to in these Terms of, they constitute the agreement between you and us. For the use of additional services, you may have to accept additional terms and conditions as notified to you when you are ordering or using such services. You are advised to print or download and keep a copy of these Terms of Use for future reference. You can always view the current Terms of Use on our Website.

3.2. The Card (described below) is provided to you by Unlimit EU Ltd, a company registered in Cyprus with corporate address at 125, Georgiou Griva Digeni, Limassol, 3101, Cyprus, and company number HE 328641 (“Issuer”).

3.3. These terms and conditions (“Terms”) will apply to your use of the Card, Services, and the Card Wallet.

3.4. By using the Card, Services, and the Card Wallet and/or completing the sign-up process, you are entering into a binding contract with us and shall be deemed to have expressly read, understood, and agreed to these Terms.

3.5. Depending on the services you select to use, you might be required to accept additional Terms and Conditions.

 

4. Definitions 

“Account” means E-Money account associated with the Card.

“AISP” means account information service provider.

“ATM” means automatic teller machine.

“Agreement” means this agreement and the privacy policy.

“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday.

“Card Distributor” means us or your point of contact if you have an issue with the Card or this Agreement, the contact details of which are set out on our website.

“Card Distributor’s App” means the Card Distributor’s mobile application, relating to the Account and the Card.

“Card Distributor’s Website” means www.hoppacard.com.

“Card Data” means the card number, expiration date, and security code of a Card.

“Card Limits” means the limits applicable to your Card and visible in your Card App.

“Card Network” means the card scheme networks.

“Card Network Rules” means the bylaws, rules, regulations, orders, requirements, and interpretations issued by the Card Network or otherwise communicated to the Issuer and which are applicable to the acceptance of Card Transactions by the Merchants and related matters, as amended from time to time by the Card Network.

“Card Transactions” means any payment initiated with the Card.

“Chargeback” means a dispute filed by the Issuer that is sent through the relevant Card Network in accordance with the relevant Card Network Rules relating to a Card Transaction;

“Consumer” means an individual who, in entering into this Agreement, is acting for a purpose other than a trade, business or profession.

“Customer Service” means our customer service, which you can reach by sending a message through the options described in these Terms or on our website.

“EEA (European Economic Area)” means the European Economic Area which covers all the member states of the European Union, Iceland, Norway, and Liechtenstein.

“Enabled Device” means the mobile communications or other device successfully registered by you for use in connection with the App and Services.

“Electronic Money” means electronically stored monetary value.

“Fees” means the charges payable by you to us for using our services.

“Force Majeure Event” means an event or failure which is beyond our reasonable control including (i) Acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the Services.

“Issuer” means Unlimit, the issuer of the Card;

“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.

“Merchant’s bank” means the financial acquirer used by the Merchant for the purposes of receiving payments arising from transactions.

“Payment Method” means bank transfer and payment instruments including, but not limited to, credit cards and debit cards.

“Hoppacard Website” or “Website” means the website available at www.hoppacard.com.

“PAN” means primary account number, i.e., the Card number on the Card.

“Partner” means any of our banking providers and any other business partners.

“PIN” means secret personal identification number associated with a Card which can be used as one method of authorising Transactions.

“Physical Card” means a “physical” Card, which will have the details of the PAN, the Expiry Date of the Card and the CVV code printed on it.

“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and which is Processed by the Issuer, and/or by our affiliates, authorised service providers and relevant third parties;

“Regulations” means the Payment Services Directive 2017, as well as any applicable regulations in Bulgaria related to the specific services we provide.

“Safeguarded Account” means the bank account(s) belonging to our licensed Partner, which are separate to ours or their own office bank accounts, into which they will receive money from you, or on your behalf, in return for the issuance of Electronic Money.

“Payment Services” means the e-money account, wallet, or related services provided by our licensed partners.

“Software Services” and/or “Services” means the platform and technical tools provided by us with which you can operate your wallet.

“Terms of Use”, means these Terms and Conditions, published on the Website and as may be amended from time.

“Virtual Card” means “virtual” Card, in which case you will not receive a Physical Card but will receive details of the PAN, the Expiry Date and the CVV2 code.

“We”, “us” or “our” means Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands.

“You”, “your” refers to the natural person or holder of the Hoppacard.

 

5. Interpretation

Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses within this Agreement, if not otherwise specified.

Any words following the terms including, include for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

A reference to a statute or statutory provision is a reference to it as amended, extended, or re‑enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.

 

6. Applying for your Hoppacard

6.1 By signing up for the Card Services, you represent and warrant that:

(a) You are an approved user of the App who has completed the registration process and received an approval email from Hoppacard;

(b) You have read, understood and agreed to our Privacy Policy which is published on the Site, and the Wallet Terms;

(c) You are at least eighteen (18) years of age;

(d) You have the full right, power, and authority to agree to these Terms;

(e) You are an authorised user of the Device;

(f) You do not currently hold another Hoppacard;

(g) You are not impersonating any other person, operating under an alias, or otherwise concealing your identity; and

(h) you are resident in one of the countries where the Card is available.

6.2. In addition to the above, you agree to provide us with all information and/or documents requested (including such information and/or documents as may be required by us for compliance with Applicable Law) from time to time.

6.3. You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your Card Wallet, your use of the Services, including to identify or authenticate your identity or validate your funding sources or transactions. This may include, without limiting the generality of the foregoing, requiring further information and/or documents that will allow the Issuer to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third party databases or through other sources.

6.4. We are entitled, in our 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.

6.5. We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you confirm that you consent to us or a third party carrying out such verifications on our behalf.

6.6. All information you provide during the signup process, or any time thereafter must be accurate and truthful.

 

7. Maintaining your Hoppacard

7.1. The Card is a debit card under one of the major card schemes companies, which can be used to pay for goods and services at retailers which accepts card payments from them. The Card may also be used to withdraw cash through automated teller machines. Card Transactions made on your Card will be settled by the Issuer on the Card Network and you authorise the Issuer to debit your Card Wallet with the amount of all Card Transactions and any relevant Fees for this purpose. You must not initiate any transactions that exceed the Card Wallet Balance. If any purchase or withdrawal made by you exceeds the Card Limits and/or balance in your Card Wallet, the transaction will be declined.

7.2. As a registered user of the Wallet, you may make a request, through us, to the Issuer, to have a Card issued to you. A Card will be issued to you upon approval of such request. Activation of the Card must be completed through the Wallet. The Issuer reserves the right to decline your request for issuance of a Card, or to revoke at any time any Card already issued for whatever reason, in accordance with these Terms and Applicable Laws.

7.3. You acknowledge that each physical Card is and always remains the property of the Issuer and you shall:

(a) exercise all due care and diligence in the custody, care and use of the Card;

(b) not tamper or allow anyone to tamper, with the Card;

(c) not permit the Card to be used in any unauthorised manner, including sharing the use of the Card with another person;

(d) use the Card solely for personal use and not for any business or commercial purposes;

(e) not intentionally deface or damage the Card; and

(f) not affix, print, or attach anything or matter onto the Card or otherwise alter, remove or replace any notice, logo or design on the Card.

7.4. Unless earlier terminated or cancelled, each Card shall be valid for such period as may be determined by the Issuer and indicated on the body of the Card. We will send you an email to inform you that the Issuer will automatically renew the card. These Terms will continue to apply to the new card. If you decide not to renew the existing Card, please contact us via the options available on our website.

7.5. You are responsible for all Card Transactions incurred on your Card. You shall not use your Card in relation to any transaction or activity which is illegal or prohibited under Applicable Laws in the jurisdiction where such transaction or activity is effected or in your country of residence. You shall be liable for all Card Transactions whether or not executed with your knowledge or authority, regardless of how such transactions were effected, including without limitation where arising in connection with any negligence on your part. In this regard you acknowledge the risk of unauthorised Card Transactions being carried out and accept the risk of such unauthorised Card Transactions.

7.6. You shall keep the Card Data of all your Cards 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.

7.7. You shall promptly notify us without undue delay upon discovering that there has been any:

(a) inappropriate or unauthorised disclosure of and/or use of your PIN and/or any of the Card Data; and/or

(b) 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 you shall promptly take such steps as may be specified by us in relation to the foregoing matters (including to change your PIN).

 

8. Services

8.1. You may be issued with:

(а) a Physical Card; or

(b) a Virtual Card.

To start using the Card, you will be required to activate it in accordance with instructions provided by us.

If you are issued with a Physical Card:

(a) you must sign the Physical Card as soon as you receive it;

(b) you may also receive a PIN separately by post or you may be able to retrieve it electronically via the Hoppacard Website or App.

You should memorise your PIN when you receive it. If you need to keep the written version of the PIN or separately write the PIN down for future reference, you must never keep it with the Card. You must never disclose your PIN to any other person, not even us. If you have not protected your PIN and your Card is used without your knowledge using the correct PIN, this may be classified as gross negligence.

8.2. We reserve the right to update, change, remove, suspend, disable, or restrict access to or discontinue the Services or change any features, component or content thereof at any time, for any reason, without notice or liability to you, unless otherwise specified by these Terms and/or Applicable Laws. We do not guarantee that any specific content, component and/or feature will always be available on the Services.

8.3. The Issuer holds and maintains your Card Wallet, which allows you to store available types of fiat currency with the Issuer, and use the fiat currency to (i) purchase goods or services, (ii) obtain cash through ATM, (iii) make a payment to a third party; (iv) transfer value to another Card or account, (v) load credit or other value to a Card, or (vi) settle any other transactions that may be effected using the Card, in each case in accordance with these Terms (“Card Transactions”).

8.4. You can authorize a Transaction by:

1. allowing a merchant to swipe the magnetic strip of the Card and the corresponding sales slip being signed; or
2. inserting the Card into a chip & PIN device and the correct PIN being entered;
3. providing relevant information to the merchant that allows the merchant to process the Transaction, for example, providing the merchant with the PAN, the Expiry Date and the CVV2 in the case of an internet or other non-face-to-face Transaction;
4. relevant information being provided to the payment initiation service provider that allows the payment initiation service provider to process the Transaction;
5. the Card is tapped against a “contactless” enabled reader and accepted by such reader.

8.5. If any of the methods of authorisation set out in Article 8. 4.. are used, we shall be entitled to assume that you have authorised a Transaction unless we were informed that the relevant details of the Card have been lost, stolen, or misappropriated prior the Transaction taking place.

8.6. You acknowledge the correctness of the amount of each Transaction which you authorise.

8.7. Once you have authorised a Transaction, the Transaction cannot be stopped or revoked. You may in certain circumstances be entitled to a refund in accordance with these Terms or the Terms of the Merchant that you have paid to.

8.8. On receipt of notification of your authorisation of a Transaction and the Transaction payment order from the merchant and/or authorised bank, normally we will deduct the value of the Transaction, plus any applicable fees and charges, from the available funds in the Account. We will execute the Transaction by crediting the account of the merchant’s or ATM operator’s or bank’s (as applicable) payment service provider by the end of the next Business Day following the notification. If the notification is received on a non-Business Day or after 4:30 pm on a Business Day, it will be deemed received on the next Business Day.

8.9. We are not liable if, for any reason, the affiliated merchants or authorised banks do not accept the Card, or accept it only partly, nor are we liable in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, you should contact the affiliated merchant and/or authorised ban and/or ATM operator.

8.10. It is your responsibility to ensure that there are available funds in your Account to cover any spend, allowing for any foreign exchange fees and other applicable fees under these Terms. Should the Account at any time and for any reason have a negative balance, you shall repay the excess amount immediately and in full.

8.11. For Card usage conducted in other currencies (other than the currency of the Card), you shall accept the exchange rate of the card scheme company, which can be found on their official website. Any changes in exchange rates may be applied immediately and without notice. The exchange rate, where applicable to a Transaction, will be shown in the E-statement. Different exchange rates may apply when reserving or debiting funds. Please be careful when opting to use a merchant’s, banks or ATM operators exchange rates as they are often less competitive that the card scheme’s exchange rate.

8.12. The maximum amount you may withdraw in cash shall be subject to a daily limit, irrespective of the available funds in the Account. We may charge a fee for withdrawal of cash. Some ATMs may charge an additional fee, which is not included in the fee schedule, however, will apply on top of the fees set out in the fee schedule. ATM withdrawals may also be subject to foreign exchange rates, maximum withdrawal limits, rules and regulations of the relevant ATM operator or bank. It is your responsibility to check whether any such additional fees apply, as they cannot be refunded once the cash has been withdrawn.

8.13. We have the right to review and change the spending limits on the Card at any time. You will be notified of any such changes via the Website and/or the App.

 

9. Non-execution of a Transaction

9.1. In certain circumstances we may refuse to execute a Transaction that you have authorised. These circumstances include, but are not limited to:

1. if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorised manner;
2. if there are insufficient funds available to cover the Transaction and all associated fees at the time that we receive notification of the Transaction or if there is an outstanding shortfall on the balance of the Account;
3. if we have reasonable grounds to believe you are acting in breach of these Terms;
4. if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing Transactions, or
5. if we are required to do so by law.

9.2. Unless it would be unlawful for us to do so, where we refuse to complete a Transaction, we will notify you as soon as reasonably practicable that it has been refused and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal. Where the refusal is reasonably justified, we may charge you fee when we notify you that your payment request has been refused.

 

10. Access to information on Transactions and available funds in the Account

10.1. Hoppacard allows you to see the available balance and transaction details on the Website and in the App. You must keep your login credentials safe and not disclose them to anyone.

10.2. We can, upon request, send you a statement by email setting out:

1. a reference enabling you to identify each Transaction, the payer/payee, as well as other details transferred together with the Transaction;
2. the amount of each Transaction;
3. the currency in which the Card is debited/credited;
4. the amount of any Transaction charges including their breakdown, where applicable;
5. the exchange rate used in the Transaction by us and the amount of the Transaction after the currency conversion, where applicable; and
6. the Transaction debit/credit value date.

10.3. We do recommend you to check those details online, however, in the instance that you would like us to provide you with a statement more often than monthly or not by email (or if agreed differently, more often than agreed or in a different manner than agreed) then we may charge you an administration fee to cover our costs of providing the information more often or in a different manner.

 

11. Chargebacks

11.1. You shall contact us at risk@hoppacard.com without undue delay in the event of any dispute regarding the validity of any Card Transaction or request for Chargeback within eight weeks from the date the transaction is deducted from your balance. Hoppacard, along with the Issuer, will assist you in resolution of the dispute or direct such request to the Card Network for processing.

11.2. You will be required to comply with the Card Network Rules in relation to such dispute or Chargeback request, including furnishing a written explanation of the dispute or Chargeback request and/or a copy of the related sales transaction receipt and any other information and supporting documents that the Issuer and/or the Card Network may require.

11.3. The Issuer reserves the right to investigate any disputed transaction. In the event of any investigation by the Issuer or competent authority, you agree to aid and cooperate by providing us with any additional information and/or documentation.

11.4. If evidence reasonably conclude that any disputed transaction is a result of your wilful default, fraud, gross negligence, or incompliance with these Terms, you agree and authorise us to debit your Card Wallet account with the amount from the disputed transaction and any such associated charges and fees.

11.5. You acknowledge and agree that any Fees imposed by the Issuer and/or the Card Network for the processing of such dispute or Chargeback request may be deducted from the Card Wallet Balance or claimed from you and shall not be refundable.

11.6. You hereby agree and accept that (a) the Issuer and/or Card Network may, but are not obliged to (whether under these Terms or otherwise) assist you with or process your dispute or Chargeback request; and (b) the decisions of the Issuer and/or Card Network on all matters relating to or in connection with such dispute or Chargeback request is final and conclusive and binding on you for all purposes unless otherwise provided in such terms, conditions, rules, procedures and/or guidelines as may be issued by the Card Network from time to time. You acknowledge and agree that the repayment of any amount previously charged to your Card may be subject to such terms, conditions, rules, procedures and/or guidelines as may be issued by the Card Network from time to time.

11.7. In any event, you acknowledge and agree that the Issuer and the Card Network shall not be liable to you in respect of any matter relating to or arising out of such dispute or Chargeback request.

11.8. When a Merchant initiates a transaction, it is the Merchant’s Bank’s liability to ensure correct transmission of the relevant details to us. We are not liable for any transaction initiated by a Merchant and incorrectly executed by the Merchant’s Bank, but you may request that we make immediate efforts to trace the incorrectly executed transaction and notify you of the outcome.

11.9. You acknowledge and agree that for any incorrect payment made more than 13 months before your report of the details to us, you will not be entitled to a refund, but we will make reasonable efforts to trace the payment for you, for which we may charge a reasonable fee to cover our costs in doing so.

11.10. We are not liable if you incorrectly identify the Merchant under a transaction. In such a case, we will make reasonable efforts to recover the funds involved, for which we may charge a reasonable fee to cover our costs in doing so.

 

12. The Card Wallet

12.1. The Card Wallet is accessible via our website or app and gives you interactive access to the following (which may change from time to time)

(a) request for Cards to be issued by us;

(b) change the settings associated with your Cards;

(c) view the balance and Transaction History of your Card Wallet;

(d) request for a FX Conversion in respect of your balance held in your Card Wallet;

(e) request for Cards to be disabled, enabled or blocked; and

(g) load your Card Wallet.

12.2. Subject always to your continuing compliance with these Terms, we will grant to you a limited, non-transferable, non-exclusive licence to use the Website and App insofar as owned by or licensed through us on your Enabled Device and only for your own purposes, on and subject to these Terms. All other rights not expressly granted to you are reserved.

 

13. Your devices

13.1. You acknowledge and agree that, in connection with your use of the App, you shall be responsible for the following, at your own cost:

(a) obtaining all necessary hardware, software and communications services necessary for your use of the Wallet and App in accordance with these Terms;

(b) installing antivirus or other mobile security software on your Device to protect against any security or other vulnerabilities which may arise in connection with your use of the App in accordance with these Terms; and

(c) installing updates and patches for the App and your Device in a prompt and timely manner.

13.2 Without prejudice to the foregoing and any other terms in these Terms, you shall be solely responsible and liable for any access to and use of the App and Services through your Device, notwithstanding that such access may have been effected without your knowledge, authority, or consent. We shall not be liable to you for any loss or damage resulting from such use.

13.3 Should you discover that your 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 risk@hoppacard.com.

 

14. Fees

14.1. Your use of the Services, Card(s) and Card Wallet may be subject to certain Fees, which will, if applicable, be debited from your Card Wallet Balance. Should your Card Wallet Balance be insufficient, Hoppacard will notify you via the Website, App and/or email and you agree to effect payment of such outstanding Fees by topping up your Card Wallet within 14 days of such notification, failing which we reserve the right to suspend your use of the Services, Card(s) and Card Wallet until all outstanding Fees have been settled.

14.2. Fees vary based on jurisdiction and types of services you have selected and will be visible to you in your Account.

 

15. Conduct

15.1 Without prejudice to the foregoing, you shall not (and shall not, knowingly, or otherwise, authorize, allow or assist any other party to):

(a) use the Services to conduct electronic spamming;

(b) use the Services to perform unlawful or immoral activities (including but not limited to money laundering, terrorism financing and fraudulent activities);

(c) use the Services to upload content that has viruses, malicious codes, immoral or illegal content;

(d) modify or adapt the whole or any part of the Services or combine or incorporate the Services into another other programme or application ;

(e) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the Services or any components thereof;

(f) use the Services in any manner that would lead to the infringement of our intellectual property rights or those of any third party;

(g) use the Services in a way that could damage, disable, impair or compromise the Wallet/Card or the provision of the Services (or the systems or security or any other computer systems or devices used in connection therewith) or interfere with other users or affect our reputation or the Issuer and its affiliates;

(h) engage in any other activities deemed inappropriate by us or which is in contravention of any Applicable Laws; or

(i) demonstrate or use any abusive, threatening and/or violent behaviour or language towards our personnel.

 

16. Data Protection

16.1. 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 our affiliates, authorised service providers and 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 on our website.

 

17. Liability

17.1. Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.

17.2. We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control, or the control of the intermediary affected.

17.3. We 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. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

17.4. Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

17.5. Our obligation under these Terms of Use is limited to providing you with a software, allowing you to access an electronic money account and related payment services and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a third party.

17.6. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the Hoppacard or the services we or our Partners provided.

17.7. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.

 

18. Termination

18.1. We may terminate your Hoppacard, or any payment service associated with it by giving you two months’ prior notice. You may terminate your Hoppacard with us at any time.

18.2. We may at any time suspend or terminate your Hoppacard without notice if:

(i) you breach any condition of these Terms of Use or any other condition applicable to specific services covered by separate terms and conditions;

(ii) you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services;

(iii) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;

(iv) you harass or engage in obscene, rude, or abusive behaviour against us or any of our representatives.

18.3. We may at any time suspend your Hoppacard without notice, if:

(i) we reasonably believe that your Account has been compromised or for other security reasons; or

(ii) we reasonably suspect your Account to have been used or is being used without your authorisation or fraudulently, and we shall notify you promptly after the suspension unless we are prohibited by law to do so.

 

19. Changes to these Terms of Use

19.1. These Terms of Use and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.

19.2. We shall give notice to you of any proposed change by sending an email to the primary email address registered with your Hoppacard.

19.3. We will aim to send information about upcoming changes as early as reasonably possible, but not later than a week before the new Terms come into effect.

19.4. You have the right to object to those changes. If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your Hoppacard.

 

20. Communication

20.1. We would usually communicate via email. For this purpose, you must at all times maintain a valid email address in your profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our website.

20.2. We will never send you any emails with executable files attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact us.

20.3. We will communicate to you in English and will always accept communications made to us in English.

20.4. Apart from communicating via email, we may contact you via chat, letter, or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS.

20.5. You may contact us at any time by sending a message to our Customer Service Team. Contact details are available on our website.

 

21. Complaints

21.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. If you feel that we have not met your expectations in the delivery of our Services, please contact us via email at complaints@hoppacard.com.

21.2. More information on how we will handle your complaint, timelines, and next steps, is available on our website, in the form of a Complaints Leaflet.

 

22. Assignment

We may assign this Agreement to another company at any time. If we assign the Agreement to another company, you will be given prior notice of this. Unless you tell us within 2 weeks that you do not want to continue with the Agreement after the assignment, you agree that we can assign the Agreement in this way. Your rights will not be affected by such assignment should it happen. You may not assign the Agreement to a third party. Your right to terminate the Agreement under clause 18 is not affected.

 

23. Miscellaneous

23.1. No person other than you shall have any rights under these Terms of Use.

23.2. Your Hoppacard is personal to you, and you may not assign any rights under the Terms of Use to any third party.

23.3. This Contract shall be governed by and interpreted in accordance with Bulgarian Laws. In the instance of a dispute, both parties agree that they would first endeavour to resolve them by open communication in writing, or where applicable by including independent adjudication or mediation.  Notwithstanding the foregoing, and in the instance that resolution is not achieved through these means, all claims arising out of or in connection with this agreement will be resolved by the Courts of Amsterdam in the Netherlands, except where prohibited by applicable EU laws.

23.4. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

Effective as of 14/04/2023

 

1. About us

Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands (“Hoppacard”, “Hoppacard.com”, “we”, “us”, “our”). Please read it carefully before providing us with any information about you.

Hoppacard (“Hoppacard”, “HOPPACARD”, “HOPPA! Card”, “hoppacard.com”) is a brand of Hoppacard Holding B.V.

All regulated services, banking, and issuing are offered and under the control of Unlimit EU Ltd.

Hoppacard Holding B.V., provides you with software services relating to your Hoppacard account. Software services means the set of tools, allowing you to create an account and operate with it, as well as the background services required so that the respective payment services could be provided successfully. To provide you with payment services, we work in close cooperation with licensed electronic money institutions.

The Account can be activated and managed online via the Hoppacard’ Website and/or via our mobile application accessible for iOS and Android users.

 

2. About our Partners

Unlimit EU Ltd, a company registered in Cyprus with corporate address at 125, Georgiou Griva Digeni, Limassol, 3101, Cyprus, and company number HE 328641, (hereinafter referred to in this Agreement as “Unlimit” or “Partner”). You can find out more information here: Unlimit . Any services operated by Unlimit are subject to additional Terms and Conditions described in detail here.

HOPPACARD d.o.o., a company registered in Slovenia with registration number 9221638000 and registered address Dunajska cesta 158, 1000 Ljubljana, Slovenia, (hereinafter referred to in this Agreement as “HOPPACARD” or “Partner”).

Additional partners may be added to or removed from this section without explicit notifications or consent. Check regularly for the latest information and if you need to know more about our Partners.

These Terms and Conditions do not govern your relationship with our Partners, they only govern your relationship with Hoppacard Holding B.V.

 

3. Scope of these Terms

3.1. These Terms and Conditions govern the opening, use and closure of your Business Hoppacard Account and Card and other related payment services as referred to herein. Together with any other terms and conditions referred to in these Terms of, they constitute the agreement between you and us. For the use of additional services you may have to accept additional terms and conditions as notified to you when you are ordering or using such services. You are advised to print or download and keep a copy of these Terms of Use for future reference. You can always view the current Terms of Use on our Website.

3.2. The Card (described below) is provided to you by Unlimit EU Ltd, a company registered in Cyprus with corporate address at 125, Georgiou Griva Digeni, Limassol, 3101, Cyprus, and company number HE 328641 (“Issuer”).

3.3. These terms and conditions (“Terms”) will apply to your use of the Card, Services and the Card Wallet.

3.4. By using the Card, Services and the Card Wallet and/or completing the sign-up process, you are entering into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms.

3.5. Depending on the services you select to use, you might be required to accept additional Terms and Conditions.

3.6. These terms and conditions apply to business customers only – entities incorporated in any country within the European Economic Area, willing to offer payment services to their customers.

 

4. Definitions 

“Account” means E-Money account associated with the Card.

“AISP” means account information service provider.

“ATM” means automatic teller machine.

“Agreement” means this agreement and the privacy policy.

“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday.

“Card Distributor” means Hoppacard your point of contact if you have an issue with the Card or this Agreement, the contact details of which are set out on our Website.

“Card Distributor’s App” means the Card Distributor’s mobile application, relating to the Account and the Card.

“Card Distributor’s Website” means www.hoppacard.com.

“Card Data” means the card number, expiration date, and security code of a Card.

“Card Limits” means the limits applicable to your Card and visible in your Card App.

“Card Network” means card scheme networks.

“Card Network Rules” means the bylaws, rules, regulations, orders, requirements and interpretations issued by the Card Network or otherwise communicated to the Issuer and which are applicable to the acceptance of Card Transactions by the Merchants and related matters, as amended from time to time by the Card Network.

“Card Transactions” means any payment initiated with the Card.

“Chargeback” means a dispute filed by the Issuer that is sent through the relevant Card Network in accordance to the relevant Card Network Rules relating to a Card Transaction;

“Customer Service” means our customer service, which you can reach by sending a message through the options described in these Terms or on our website.

“EEA” means the European Economic Area which covers all the member states of the European Union, Iceland, Norway and Liechtenstein.

“Enabled Device” means the mobile communications or other device successfully registered by you for use in connection with the App and Services.

“Electronic Money” means electronically stored monetary value.

“Fees” means the charges payable by you to us for using our services.

“Force Majeure Event” means an event or failure which is beyond our reasonable control including (i) Acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the Services.

“Issuer” means Unlimit, the issuer of the Card;

“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.

“Merchant’s bank” means the financial acquirer used by the Merchant for the purposes of receiving payments arising from transactions.

“Payment Method” means bank transfer and payment instruments including, but not limited to, credit cards and debit cards.

“Hoppacard Website” or “Website” means the website available at www.hoppacard.com.

“PAN” means primary account number, i.e., the Card number on the Card.

“Partner” means any of our banking providers and any other business partners.

“PIN” means secret personal identification number associated with a Card which can be used as one method of authorising Transactions.

“PISP” means payment initiation service provider.

“Physical Card” means a “physical” Card, which will have the details of the PAN, the Expiry Date of the Card and the CVV code printed on it.

“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and which is Processed by the Issuer, and/or by our affiliates, authorised service providers and relevant third parties;

“Regulations” means the Payment Services Directive 2017, as well as any applicable regulations in Bulgaria related to the specific services we provide.

“Safeguarded Account” means the bank account(s) belonging to our licensed Partner, which are separate to ours or their own office bank accounts, into which they will receive money from you, or on your behalf, in return for the issuance of Electronic Money.

“Payment Services” means the e-money account, wallet, or related services provided by our licensed partners.

“Software Services” and/or “Services” means the platform and technical tools provided by Hoppacard with which you can operate your wallet.

“Terms of Use”, means these Terms and Conditions, published on the Website and as may be amended from time.

“Virtual Card” means “virtual” Card, in which case you will not receive a Physical Card but will receive details of the PAN, the Expiry Date and the CVV2 code.

“We”, “us” or “our” means Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands.

“You”, “your” refers to the business entity in whose name the Hoppacard is opened and maintained.

 

5. Interpretation

Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses within this Agreement, if not otherwise specified.

Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

A reference to a statute or statutory provision is a reference to it as amended, extended or re‑enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.

 

6. Applying for your Hoppacard

6.1 By signing up for the Card Services, you represent and warrant that:

(a) You are an approved Business user of the App who has completed the registration process and received additional approval from us based on your business model;

(b) You have read, understood and agreed to our Privacy Policy which is published on the Site, and the Wallet Terms;

(c) You are an authorised Company representative and have the full right, power, and authority to agree to these Terms;

(d) You are the authorised user of the Device;

(e) You do not currently hold another Hoppacard;

(f) You are not impersonating any other person, operating under an alias or otherwise concealing your identity; and

(g) you are resident in one of the countries where the Card is available.

6.2. In addition to the above, you agree to provide us with all information and/or documents requested (including such information and/or documents as may be required by us for compliance with Applicable Law) from time to time.

6.3. You agree to cooperate with all requests made by us or any of our third party service providers on our behalf in connection with your Card Wallet, your use of the Services, including to identify or authenticate your identity or validate your funding sources or transactions. This may include, without limiting the generality of the foregoing, requiring further information and/or documents that will allow the Issuer to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third party databases or through other sources.

6.4. We are entitled, in our 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.

6.5. We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you confirm that you consent to us or a third party carrying out such verifications on our behalf.

6.6. All information you provide during the signup process or any time thereafter must be accurate and truthful.

 

7. Maintaining your Hoppacard

7.1. The Card is a debit card under one of the major card schemes companies, which can be used to pay for goods and services at retailers which accepts card payments from them. The Card may also be used to withdraw cash through automated teller machines. Card Transactions made on your Card will be settled by the Issuer on the Card Network and you authorise the Issuer to debit your Card Wallet with the amount of all Card Transactions and any relevant Fees for this purpose. You must not effect any transactions that exceed the Card Wallet Balance. If any purchase or withdrawal made by you exceeds the Card Limits and/or balance in your Card Wallet, the transaction will be declined.

7.2. As a registered user of the Wallet, you may make a request, through us, to the Issuer, to have a Card issued to you. A Card will be issued to you upon approval of such request. Activation of the Card has to be completed through the Wallet. The Issuer reserves the right to decline your request for issuance of a Card, or to revoke at any time any Card already issued for whatever reason, in accordance with these Terms and Applicable Laws.

7.3. You acknowledge that each physical 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 Card;

(b) not tamper or allow anyone to tamper, with the Card;

(c) not permit the Card to be used in any unauthorised manner, including sharing the use of the Card with another person;

(d) not intentionally deface or damage the Card; and

(e) not affix, print or attach anything or matter onto the Card or otherwise alter, remove or replace any notice, logo or design on the Card.

7.4. Unless earlier terminated or cancelled, each Card shall be valid for such period as may be determined by the Issuer and indicated on the body of the Card. We will send you an email to inform you that the Issuer will automatically renew the card. These Terms will continue to apply to the new card. If you decide not to renew the existing Card, please contact us via the options available on our website.

7.5. You are responsible for all Card Transactions incurred on your Card. You shall not use your Card in relation to any transaction or activity which is illegal or prohibited under Applicable Laws in the jurisdiction where such transaction or activity is effected or in your country of residence. You shall be liable for all Card Transactions whether or not executed with your knowledge or authority, regardless of how such transactions were effected, including without limitation where arising in connection with any negligence on your part. In this regard you acknowledge the risk of unauthorised Card Transactions being carried out and accept the risk of such unauthorised Card Transactions.

7.6. You shall keep the Card Data of all your Cards 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.

7.7. You shall promptly notify us without undue delay upon discovering that there has been any:

(a) inappropriate or unauthorised disclosure of and/or use of your PIN and/or any of the Card Data; and/or

(b) 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 you shall promptly take such steps as may be specified by us in relation to the foregoing matters (including to change your PIN).

 

8. Services

8.1. Your business may be issued with:

(а) a Physical Corporate Card; or

(b) a Virtual Corporate Card.

To start using the Card, it must be activated following the instructions provided by us.

(c) Depending on the business model Hoppacard might be in the position, in partnership with its Partners, to offer a solution appropriate for the respective business`s employees or customers. This will be subject to additional agreements, approvals and collection of a series of documents.

8.2. We reserve the right to update, change, remove, suspend, disable or restrict access to or discontinue the Services or change any features, component or content thereof at any time, for any reason, without notice or liability to you, unless otherwise specified by these Terms and/or Applicable Laws. We do not guarantee that any specific content, component and/or feature will always be available on the Services.

8.3. The Issuer holds and maintains your Card Wallet, which allows you to store available types of fiat currency with the Issuer, and use the fiat currency to (i) purchase goods or services, (ii) obtain cash through ATM, (iii) make a payment to a third party; (iv) transfer value to another Card or account, (v) load credit or other value to a Card, or (vi) settle any other transactions that may be effected using the Card, in each case in accordance with these Terms (“Card Transactions”).

8.4. You can authorize a Transaction by:

1. allowing a merchant to swipe the magnetic strip of the Card and the corresponding sales slip being signed; or
2. inserting the Card into a chip & PIN device and the correct PIN being entered;
3. providing relevant information to the merchant that allows the merchant to process the Transaction, for example, providing the merchant with the PAN, the Expiry Date and the CVV2 in the case of an internet or other non-face-to-face Transaction;
4. relevant information being provided to the payment initiation service provider that allows the payment initiation service provider to process the Transaction;
5. the Card is tapped against a “contactless” enabled reader and accepted by such reader.

8.5. If any of the methods of authorisation set out in Article 8.4.. are used, we shall be entitled to assume that you have authorised a Transaction unless we were informed that the relevant details of the Card have been lost, stolen or misappropriated prior the Transaction taking place.

8.5. You acknowledge the correctness of the amount of each Transaction which you authorise.

8.6. Once you have authorised a Transaction, the Transaction cannot be stopped or revoked. You may in certain circumstances be entitled to a refund in accordance with these Terms.

8.7. On receipt of notification of your authorisation of a Transaction and the Transaction payment order from the merchant and/or authorised bank, normally we will deduct the value of the Transaction, plus any applicable fees and charges, from the available funds in the Account. We will execute the Transaction by crediting the account of the merchant’s or ATM operator’s or bank’s (as applicable) payment service provider by the end of the next Business Day following the notification. If the notification is received on a non-Business Day or after 4:30 pm on a Business Day, it will be deemed received on the next Business Day.

8.8. We are not liable if, for any reason, the affiliated merchants or authorised banks do not accept the Card, or accept it only partly, nor are we liable in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, you should contact the affiliated merchant and/or authorised ban and/or ATM operator.

8.9. It is your responsibility to ensure that there are available funds in your Account to cover any spend, allowing for any foreign exchange fees and other applicable fees under these Terms. Should the Account at any time and for any reason have a negative balance, you shall repay the excess amount immediately and in full.

8.10. For Card usage conducted in other currencies (other than the currency of the Card), you shall accept the exchange rate of the card scheme company, which can be found on their official website. Any changes in exchange rates may be applied immediately and without notice. The exchange rate, where applicable to a Transaction, will be shown in the E-statement. Different exchange rates may apply when reserving or debiting funds. Please be careful when opting to use a merchant’s, banks or ATM operators exchange rates as they are often less competitive that the card scheme’s exchange rate.

8.11. The maximum amount you may withdraw in cash shall be subject to a daily limit, irrespective of the available funds in the Account. We may charge a fee for withdrawal of cash. Some ATMs may charge an additional fee, which is not included in the Table, however, will apply on top of the fees set out in the Table. ATM withdrawals may also be subject to foreign exchange rates, maximum withdrawal limits, rules and regulations of the relevant ATM operator or bank. It is your responsibility to check whether any such additional fees apply, as they cannot be refunded once the cash has been withdrawn.

8.12. We have the right to review and change the spending limits on the Card at any time. You will be notified of any such changes via the Website and/or the App.

 

9. Non-execution of a Transaction

9.1. In certain circumstances we may refuse to execute a Transaction that you have authorised. These circumstances include, but are not limited to:

1. if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorised manner;
2. if there are insufficient funds available to cover the Transaction and all associated fees at the time that we receive notification of the Transaction or if there is an outstanding shortfall on the balance of the Account;
3. if we have reasonable grounds to believe you are acting in breach of these Terms;
4. if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing Transactions, or
5. if we are required to do so by law.

9.2. Unless it would be unlawful for us to do so, where we refuse to complete a Transaction, we will notify you as soon as reasonably practicable that it has been refused and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal. Where the refusal is reasonably justified, we may charge you fee when we notify you that your payment request has been refused.

 

10. Access to information on Transactions and available funds in the Account

10.1. Hoppacard allows you to see the available balance and transaction details on the Website and in the App. You must keep your login credentials safe and not disclose them to anyone.

10.2. We can, upon request, send you a statement by email setting out:

1. a reference enabling you to identify each Transaction, the payer/payee, as well as other details transferred together with the Transaction;
2. the amount of each Transaction;
3. the currency in which the Card is debited/credited;
4. the amount of any Transaction charges including their breakdown, where applicable;
5. the exchange rate used in the Transaction by us and the amount of the Transaction after the currency conversion, where applicable; and
6. the Transaction debit/credit value date.

10.3. We do recommend you to check those details online, however, in the instance that you would like us to provide you with an E-statement more often than monthly or not by email (or if agreed differently, more often than agreed or in a different manner than agreed) then we may charge you an administration fee to cover our costs of providing the information more often or in a different manner.

 

11. Chargebacks

11.1. You shall contact us at risk@hoppacard.com without undue delay in the event of any dispute regarding the validity of any Card Transaction or request for Chargeback within eight weeks from the date the transaction is deducted from your balance. We, along with the Issuer, will assist you in resolution of the dispute or direct such request to the Card Network for processing.

11.2. You will be required to comply with the Card Network Rules in relation to such dispute or Chargeback request, including furnishing a written explanation of the dispute or Chargeback request and/or a copy of the related sales transaction receipt and any other information and supporting documents that the Issuer and/or the Card Network may require

11.3. The Issuer reserves the right to investigate any disputed transaction. In the event of any investigation by the Issuer or competent authority, you agree to provide assistance and cooperate by providing us with any additional information and/or documentation.

11.4. If evidence reasonably conclude that any disputed transaction is a result of your wilful default, fraud, gross negligence or incompliance with these Terms, you agree and authorise us to debit your Card Wallet account with the amount from the disputed transaction and any such associated charges and fees.

11.5. You acknowledge and agree that any Fees imposed by the Issuer and/or the Card Network for the processing of such dispute or Chargeback request may be deducted from the Card Wallet Balance or claimed from you and shall not be refundable.

11.6. You hereby agree and accept that (a) the Issuer and/or Card Network may, but are not obliged to (whether under these Terms or otherwise) assist you with or process your dispute or Chargeback request; and (b) the decisions of the Issuer and/or Card Network on all matters relating to or in connection with such dispute or Chargeback request is final and conclusive and binding on you for all purposes unless otherwise provided in such terms, conditions, rules, procedures and/or guidelines as may be issued by the Card Network from time to time. You acknowledge and agree that the repayment of any amount previously charged to your Card may be subject to such terms, conditions, rules, procedures and/or guidelines as may be issued by the Card Network from time to time.

11.7. In any event, you acknowledge and agree that the Issuer and the Card Network shall not be liable to you in respect of any matter relating to or arising out of such dispute or Chargeback request.

11.8. When a Merchant initiates a transaction, it is the Merchant’s Bank’s liability to ensure correct transmission of the relevant details to us. We are not liable for any transaction initiated by a Merchant and incorrectly executed by the Merchant’s Bank, but you may request that we make immediate efforts to trace the incorrectly executed transaction and notify you of the outcome.

11.9. You acknowledge and agree that for any incorrect payment made more than 13 months before your report of the details to us, you will not be entitled to a refund but we will make reasonable efforts to trace the payment for you, for which we may charge a reasonable fee to cover our costs in doing so.

11.10. We are not liable if you incorrectly identify the Merchant under a transaction. In such a case, we will make reasonable efforts to recover the funds involved, for which we may charge a reasonable fee to cover our costs in doing so.

 

12. The Card Wallet

12.1. The Card Wallet is accessible via our website or app and gives you interactive access to the following (which may change from time to time)

(a) request for Cards to be issued by us;

(b) change the settings associated with your Cards;

(c) view the balance and Transaction History of your Card Wallet;

(d) request for a FX Conversion in respect of your balance held in your Card Wallet;

(e) request for Cards to be disabled, enabled or blocked; and

(g) load your Card Wallet.

12.2. Subject always to your continuing compliance with these Terms, we will grant to you a limited, non-transferable, non-exclusive licence to use the Website and App insofar as owned by or licensed through us on your Enabled Device and only for your own purposes, on and subject to these Terms. All other rights not expressly granted to you are reserved.

 

13. Your devices

13.1. You acknowledge and agree that, in connection with your use of the App, you shall be responsible for the following, at your own cost:

(a) obtaining all necessary hardware, software and communications services necessary for your use of the Wallet and App in accordance with these Terms;

(b) installing antivirus or other mobile security software on your Enabled Device to protect against any security or other vulnerabilities which may arise in connection with your use of the App in accordance with these Terms; and

(c) installing updates and patches for the App and your Enabled Device in a prompt and timely manner.

13.2 Without prejudice to the foregoing and any other terms in these Terms, you shall be solely responsible and liable for any access to and use of the App and Services through your Enabled Device, notwithstanding that such access may have been effected without your knowledge, authority or consent. We shall not be liable to you for any loss or damage resulting from such use.

13.3 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 risk@hoppacard.com

 

14. Fees

14.1. Your use of the Services, Card(s) and Card Wallet may be subject to certain Fees, which will, if applicable, be debited from your Card Wallet Balance. Should your Card Wallet Balance be insufficient, Hoppacard will notify you via the Website, App and/or email and you agree to effect payment of such outstanding Fees by topping up your Card Wallet within 14 days of such notification, failing which we reserve the right to suspend your use of the Services, Card(s) and Card Wallet until all outstanding Fees have been settled.

14.2. Fees vary based on jurisdiction and types of services you have selected and will be visible to you in your Account.

 

15. Conduct

15.1 Without prejudice to the foregoing, you shall not (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):

(a) use the Services to conduct electronic spamming;

(b) use the Services to perform unlawful or immoral activities (including but not limited to money laundering, terrorism financing and fraudulent activities);

(c) use the Services to upload content that has viruses, malicious codes, immoral or illegal content;

(d) modify or adapt the whole or any part of the Services or combine or incorporate the Services into another other programme or application ;

(e) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the Services or any components thereof;

(f) use the Services in any manner that would lead to the infringement of our intellectual property rights or those of any third party;

(g) use the Services in a way that could damage, disable, impair or compromise the Wallet/Card or the provision of the Services (or the systems or security or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Hoppacard or the Issuer and its affiliates;

(h) engage in any other activities deemed inappropriate by us or which is in contravention of any Applicable Laws; or

(i) demonstrate or use any abusive, threatening and/or violent behaviour or language towards our personnel.

 

16. Data Protection

16.1. 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 our affiliates, authorised service providers and 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 on our website.

 

17. Liability

17.1. Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.

17.2. We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.

17.3. We 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. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

17.4. Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

17.5. Our obligation under these Terms of Use is limited to providing you with a software, allowing you to access an electronic money account and related payment services and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a third party.

17.6. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the Hoppacard Account or the services we or our Partners provided.

17.7. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.

 

18. Termination

18.1. We may terminate your Hoppacard, or any service associated with it by giving you two months’ prior notice. You may terminate your Hoppacard with us at any time.

18.2. We may at any time suspend or terminate your Hoppacard without notice if:

(i) you breach any condition of these Terms of Use or any other condition applicable to specific services covered by separate terms and conditions;

(ii) you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services;

(iii) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;

(iv) you harass or engage in obscene, rude or abusive behaviour against us or any of our representatives.

18.3. We may at any time suspend your Hoppacard without notice, if:

(i) we reasonably believe that your Account has been compromised or for other security reasons; or

(ii) we reasonably suspect your Account to have been used or is being used without your authorisation or fraudulently, and we shal notify you promptly after the suspension unless we are prohibited by law to do so.

18.4 Hoppacard and Hoppacard retains the right to terminate any and all agreements via written notice to the Business with no liability to the consequences (including but not limited to; direct, indirect, damage, loss of good name, loss of business, etc.) if:
– any undisputed amount stated in an invoice remains unpaid beyond 30 days from the due date,
– the agreed-upon or necessary documentation is not delivered by the business to the Hoppacard for more than 30 days;
– the Business consistently exhibits delays or omissions in the stipulated processes;
– the Business does not have the capabilities to execute the requirements of the project; such as lack of sufficient staff, lack of financial capacity, lack of employees with the capability to carry out the project;
– the Business is repeatedly unresponsive or miscommunicating with Hoppacard,
– the Business has a relationship with a third party that may harm Hoppacard and/or Hoppacard’s reputation, name, and business.
In the event of termination due to the abovementioned reasons, the business remains responsible for covering all costs arising from such termination, including but not limited to card destruction fees and end-user termination fees.
In the event of a termination or expiration of the agreement, Hoppacard maintains a strict no-refund policy for the following scenarios:
If the services have been rendered or products have been delivered to the business,
Prepayments and any other payments made by the business to Hoppacard are non-refundable, regardless of the circumstances,
In cases where physical items have been provided to the business, refunds will not be issued for these items.
The Business acknowledges and agrees that any third-party costs or expenses incurred during the course of the agreement are non-refundable.

 

19. Expiry & redemption

The funds on the Account will no longer be usable following the Expiry Date of the most recent Card that was issued under the Account until a replacement Card is issued.

The Card and this Agreement will terminate on the Expiry Date unless you are issued a renewal Card prior to the Expiry Date. You may not use the expired Card after the Expiry Date. If a Card expires before the Available Balance is exhausted, the Available Balance on the Expiry Date will be returned to the Business.

We will have the right to set-off, transfer, or apply part or all of the Available Balance to satisfy all or any liabilities and fees owed to us by the Business that have not been paid or satisfied when due.

Authorisation will be requested for a Transaction at the time of the Transaction. In the unlikely event, for any reason whatsoever, a Transaction is completed when there are insufficient funds on the Account for that Transaction which results in a Shortfall, the Shortfall will be repaid by the Business unless it is due to an error on the part of the Merchant to which the Card was provided by you as the means of payment, or an error on the part of the Issuer.

Should the Business not repay this amount immediately after receiving an invoice or notification from us or the Card Distributor, we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

 

20. Communication

20.1. We would usually communicate via email. For this purpose, you must always maintain a valid email address in your profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our website.

20.2. We will never send you any emails with executable files attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact us.

20.3. We will communicate to you in English and will always accept communications made to us in English.

20.4. Apart from communicating via email, we may contact you via chat, letter, or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS.

20.5. You may contact us at any time by sending a message to support@hoppacard.com.

20.6. Depending on multiple factors, some businesses would have an Account Manager assigned to them, where it is recommendable to get in touch with them directly, should they have any questions, concerns, or comments.

20.7 Recording and Storage of Information
Data Collection and Storage: In the context of our business relationship, we reserve the right to record and store all forms of communication and interactions, including, but not limited to, conversations, meetings, online meetings, letters, emails, and messages, for legitimate business purposes. All business correspondence recordings are admissible as evidence in the event of a dispute between the parties.

20.8 GDPR Compliance: All data collection, storage, and processing practices are carried out in full compliance with the General Data Protection Regulation (GDPR). Any personal data we hold is processed based on one or more of the lawful bases specified in the GDPR, including, but not limited to, consent, contractual necessity, and legitimate interest.
Data Subject Rights: As per the GDPR, individuals whose personal data we hold (“data subjects”) have various rights, including the right to access their personal data, the right to rectify inaccuracies, the right to erase data in certain circumstances, the right to restrict processing, the right to object to processing, and the right to data portability. Any requests to exercise these rights can be directed to our designated Data Protection Officer or appropriate contact point as specified in our Privacy Policy.

20.9 Retention and Security: We commit to storing any recorded or stored information securely and will retain such data only for as long as necessary for the purposes for which it was collected, or as required by applicable laws and regulations. We have implemented appropriate technical and organizational measures to ensure the security and confidentiality of the data we collect.

20.10 Third Party Disclosures: Except as otherwise expressly stated in this clause or as required by law, we will not share, sell, or distribute any recorded or stored information to third parties without obtaining explicit consent from the data subject or unless it is necessary for the purpose of fulfilling our contractual obligations.

20.11 Updates and Changes: From time to time, we may update this clause to reflect changes in our practices or for other operational, legal, or regulatory reasons. We encourage our users to periodically review our terms and conditions to stay informed about how we handle and protect their personal data.

20.12 Data Subject Request and Relationship Termination
Right to Terminate: In the event that a data subject exercises their right to request the deletion or limitation of their captured data, we reserve the right to immediately terminate any ongoing relationship, contractual or otherwise, with that individual. Termination under these circumstances does not constitute a breach of any agreement, and upon such termination, we shall bear no responsibility or liability toward the data subject or any third party arising out of or in relation to such termination.

20.13 Implicit Consent to Recording and Data Capture: By agreeing to these terms and conditions, the data subject provides implicit consent for the recording of all relevant data, including automated data recording, audio and visual recording and similar, during our business relationship. We will not provide explicit warnings or seek confirmation for each individual instance where data is being recorded. Data subjects acknowledge and accept this practice as a condition of our ongoing relationship.

 

21. Complaints

21.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you wish to make a complaint to us. This helps us to distinguish a complaint from a mere query. If you feel that we have not met your expectations in the delivery of our Services, please contact us via email at complaints@hoppacard.com.

21.2. More information on how we will handle your complaint, timelines, and next steps, is available on our website, in the form of a Complaints Leaflet.

 

22. Changes to these Terms of Use

22.1. These Terms of Use and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.

22.2. We shall give notice to you of any proposed change by sending an email to the primary email address registered with your Hoppacard.

22.3. We will aim to send information about upcoming changes as early as reasonably possible, but not later than a week before the new Terms come into effect.

22.4. You have the right to object to those changes. If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your Hoppacard.

 

23. Assignment

We may assign this Agreement to another company at any time. If we assign the Agreement to another company, you will be given prior notice of this. Unless you tell us within 2 weeks that you do not want to continue with the Agreement after the assignment, you agree that we can assign the Agreement in this way. Your rights will not be affected by such assignment should it happen. You may not assign the Agreement to a third party. Your right to terminate the Agreement under clause 18 is not affected.

 

24. Miscellaneous

24.1. No person other than you shall have any rights under these Terms of Use.

24.2. Your Hoppacard is issued to your Business, and you may not assign any rights under the Terms of Use to any third party.

24.3. These Terms shall be governed by and interpreted in accordance with Bulgarian Laws. In the instance of a dispute, both parties agree that they would first endeavour to resolve them by open communication in writing, or where applicable by including independent adjudication or mediation. Notwithstanding the foregoing, and in the instance that resolution is not achieved through these means, all claims arising out of or in connection with this agreement will be resolved by the Courts of Amsterdam in the Netherlands, except where prohibited by applicable EU laws.

24.4. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

Effective as of 14/04/2023

 

1. About us

Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands (“Hoppacard”, “Hoppacard.com”, “we”, “us”, “our”). Please read it carefully before providing us with any information about you.

Hoppacard (“Hoppacard”, “HOPPACARD”, “HOPPA! Card”, “hoppacard.com”) is a brand of Hoppacard Holding B.V.

All regulated services, banking, and issuing are offered and under the control of Unlimit EU Ltd.

Hoppacard Holding B.V., provides you with software services relating to your Hoppacard account. Software services means the set of tools, allowing you to create an account and operate with it, as well as the background services required so that the respective payment services could be provided successfully. To provide you with payment services, we work in close cooperation with licensed electronic money institutions.

The Account can be activated and managed online via the Hoppacard’ Website and/or via our mobile application accessible for iOS and Android users.

 

2. About our Partners

Unlimit EU Ltd, a company registered in Cyprus with corporate address at 125, Georgiou Griva Digeni, Limassol, 3101, Cyprus, and company number HE 328641, (hereinafter referred to in this Agreement as “Unlimit” or “Partner”). You can find out more information here: Unlimit . Any services operated by Unlimit are subject to additional Terms and Conditions described in detail here.

HOPPACARD d.o.o., a company registered in Slovenia with registration number 9221638000 and registered address Dunajska cesta 158, 1000 Ljubljana, Slovenia, (hereinafter referred to in this Agreement as “HOPPACARD” or “Partner”).

Additional partners may be added to or removed from this section without explicit notifications or consent. Check regularly for the latest information and if you need to know more about our Partners.

These Terms and Conditions do not govern your relationship with our Partners, they only govern your relationship with Hoppacard Holding B.V.

 

3. Scope of these Terms

3.1. These Terms and Conditions govern the opening, use and closure of a Hoppacard account and a business or corporate entity, different than an individual consumer, for the purpose of providing payment services as referred to herein. Together with any other terms and conditions referred to in these Terms of, they constitute the agreement between you and us. For the use of additional services you may have to accept additional terms and conditions as notified to you when you are ordering or using such services. You are advised to print or download and keep a copy of these Terms of Use for future reference. You can always view the current Terms of Use on our Website.

For the avoidance of doubt, these terms and conditions are not intended for Freelancers or Charities or Consumers (individuals acting for a purpose other than a trade, business, or profession).

3.2. You accept these terms and conditions by activating your account. You should read them carefully before activating your account.

3.3. Depending on the services you select to use, you might be required to accept additional Terms and Conditions.

3.4. These terms and conditions apply to business customers only – entities incorporated in any country within the European Economic Area, willing to offer payment services to their customers.

 

4. Definitions 

“Agreement” means this agreement and the privacy policy.

“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday.

“Consumer“ means a business entity who is entering into this Agreement

“Customer Service” means our customer service, which you can reach by sending a message through the options described in these Terms or on our website.

“Electronic Money” means electronically stored monetary value.

“Fees” means the charges payable by you to us for using our services.

“Payment Method” means bank transfer and payment instruments including, but not limited to, credit cards and debit cards.

“Hoppacard Website” or “Website” means the website available at www.hoppacard.com

“Regulations” means the Payment Services Directive 2017 as well as any applicable regulations in Bulgaria related to the specific services we provide.

“Safeguarded Account” means the bank account(s) belonging to our licensed Partner, which are separate to ours or their own office bank accounts, into which they will receive money from you, or on your behalf, in return for the issuance of Electronic Money.

“Payment Services” means the e-money account, wallet, or related services provided by our licensed partners.

“Software Services” and/or “Services” means the platform and technical tools provided by Hoppacard with which you can operate your wallet.

“Terms of Use”, means these Account Terms and Conditions, published on the Website and as may be amended from time.

“We”, “us” or “our” means Hoppacard Holding B.V., a company registered in the Netherlands with registration number 85996424 and registered address Beemdstraat 5, 5653 MA, Eindhoven, Netherlands.

“You”, “your” means the business entity in whose name the Hoppacard Account is opened and maintained.

 

5. Interpretation

Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses within this Agreement, if not otherwise specified.

Any words following the terms “including”, “include”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

A reference to a statute or statutory provision is a reference to it as amended, extended or re‑enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.

 

6. Opening your Hoppacard Account

6.1. In order to use our payment services you must first open a Hoppacard Account by registering your details on our Website or mobile application. As part of the signup process you will need to accept these Terms of Use and our Privacy Policy and you must have legal capacity to accept the same. If you order additional services, you may be asked to accept additional terms and conditions.

6.2. As a business, you must be incorporated in the European Economic Area.

6.3. You may only open one Hoppacard Account unless we explicitly approve the opening of additional accounts.

6.4. You may only open an Account if it is legal to do so in your country of incorporation. By opening an Account, you represent and warrant to us that your opening of this Account does not violate any laws or regulations applicable to you. You shall pay us the amount of any losses we incur in connection with your breach of this section.

6.5. All information you provide during the signup process or any time thereafter must be accurate and truthful.

6.6. You may only use the Services you have been approved to use.

6.7. To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, we will obtain from you, and retain, evidence of your personal identity in our records . If satisfactory evidence is not promptly provided, we may not be in the position to accept your payment instructions or offer you any kind of services.

6.8. All businesses are subject to due diligence checks including information about the entity, structure, business model and operational model. Depending on the activity, additional information from any area of the business might be required, including but not limited to: Organisational, HR, Operational, Risk, Compliance, Customer Services, Finance, Reconciliation, external audit information, etc.

6.9. Unlike individual accounts, business accounts will not be operational after completing a simple automated online onboarding. All checks mentioned in Art. 6.7 and 6.8. must be successfully concluded before a business relationship is established. Once done, the account will be manually activated, and the respective payment methods assigned.

 

7. Maintaining your Hoppacard Account

7.1. You must ensure that the information recorded on your Account is always accurate and up to date and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.

7.2. Additional payment methods might be added to the business account based on availability and subject to additional due diligence.

7.3. It is a responsibility of the business to inform us on any changes that affect the relationship as early as possible, but not later than 3 calendar days after their occurrence. Failure to do so might result in account suspension, termination, loss of profit or other consequences.

 

8. Services 

8.1. As part of the Services, Hoppacard, in partnership with our licensed EMI Partner, shall issue the Business with Electronic Money upon receipt of money from it, store the Electronic Money and redeem Electronic Money on express instruction and in accordance with this Agreement.

8.2. Hoppacard may, subject to availability and approval, in collaboration with our Partners, offer additional services, such as:

1. Acquiring
2. Issuing
3. POS Transactions
4. Digital finance
5. Transactions involving virtual assets
6. Supporting services
7. Outsourced Programme Management
8. Outsourced Customer Services
9. Outsourced Risk Management
10. Outsourced Compliance Programmes

8.3. We reserve the right to change the scope of our Services from time to time, and enhance them. We would aim to inform you about new products and features as soon as we reasonably can, and obtain your consent where applicable. From time to time, you might need to accept additional Terms and Conditions in order to be able to use those new products or services.

8.4. Products and services are subject to availability based on multiple factors, including but not limited to your country of incorporation, our coverage, and the coverage of our Partners.We will always aim to extend the provision of our Services, however, in some instances there are objective reasons for not being able to do so, and Hoppacard must not be held liable for this.

8.5. Where we receive money from you, this money will be held by our licensed Partner, in the relevant Safeguarded Account, in exchange for the issuance of Electronic Money.

8.6. Your funds will not be used for any other purpose and in the unlikely event of insolvency, your e-money is protected according to the applicable EU laws and regulations.

8.7. There is a difference in holding Electronic Money and a Bank holding your money, in the sense that:

(i) neither we, nor our Partners could or would use the funds to invest or lend to other persons or entities;

(ii) the Electronic Money will not accrue interest

8.8. You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for longer than one year without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known payment instrument we have on file for you.

8.9. We accept no responsibility in the event that you send money to the incorrect account.

8.10. We do not accept cash deposits, third party deposits, or cheques. We accept money via a variety of methods of electronic funds transfer to our bank account, the details of which will be displayed to you during a transaction, or provided upon request.

 

9. Keeping your Hoppacard Account Safe

9.1. Business clients must take all reasonable steps to keep their Hoppacard Account password and any other security features safe at all times and never disclose them to anyone. Every authorised individual will have their own access credentials and must keep them confidential.

9.2. If you have any indication or suspicion of your Hoppacard Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your password.  You must also contact us using the contact details available on our website without undue delay.

9.3. We may suspend your Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests.

9.4. You must take all reasonable care to ensure that your e-mail account(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 Account.

9.5. Irrespective of whether you are using a public, a shared or your own computer to access your Account, you must always ensure that your login details are not stored by the browser or cached or otherwise recorded.

 

10. Closing your Hoppacard Account

10.1. You may close your Hoppacard Account at any time by contacting us. As a business client, certain time limitations or restrictions may delay the account closure, such as rolling or other reserves, or payments that are still pending and need to be reconciled before the account closure. Our team will assist you with any additional questions you might have.

 

11. Prohibited Transactions

11.1. It is strictly forbidden to attempt transactions related to the sale or supply of: tobacco products, prescription drugs, drugs and drug paraphernalia, weapons (including without limitation, knives, guns, firearms or ammunition), satellite and cable TV descramblers, material which incites violence, hatred, racism or which is considered obscene, government IDs and licences including replicas and novelty items and any counterfeit products, unlicensed or illegal lotteries or unlicensed or illegal gambling services (including without limitation the use of or participation in illegal gambling houses), unregistered charity services, items which encourage or facilitate illegal activities, prepaid debit cards or other stored value cards that are not associated with a particular merchant and are not limited to purchases of particular products or services, third party processing or payment aggregation products or services, multi-level marketing, pyramid selling or ponzi schemes, matrix programmes or other “get rich quick” schemes or high yield investment programmes, goods or services that infringe the intellectual property rights of a third party, un-coded/miscoded gaming, timeshares or property reservation payments (On and Off Plan). We reserve the right, in our sole discretion, to add categories of prohibited transactions by adding such categories either to these Terms of Use or an acceptable use policy published on the Website.

11.2. It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your Hoppacard Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your Account for or in connection with illegal gambling transactions. This list is not exhaustive and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.

11.3. You may not use our services if you are registered in certain countries. A list of non-serviced countries is available on the Website and updated from time to time. This list is not exhaustive, and we may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice.

11.4. It is strictly forbidden to use your Hoppacard Account for any illegal purposes including but not limited to fraud and money laundering. We will investigate and report any suspicious activity to the relevant law enforcement agencies. We reserve the right to withhold any remaining funds and cover any outstanding expenses as a result of similar attempts.

11.5. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section, we reserve the right to: reverse the transaction; and/or close or suspend your Hoppacard Account; and/or report the transaction to the relevant law enforcement agency; and/or claim damages from you.

 

12. Fees

12.1. Fees depend on whether you are using your Hoppacard Account for personal or commercial purposes, the services you are using and your registered country. Your Fees will be made available to you prior to commencing a business relationship.

12.2. Your transactions may be subject to currency conversions.

 

13. Your personal data

13.1. You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment services to you. This does not affect our respective rights and obligations under data protection legislation. You may withdraw this consent by closing your Hoppacard Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.

13.2. Detailed information about your personal data and the way we collect, handle, keep and transfer it, is available in our Privacy Policy, which can be found on our Website.

 

14. Liability

14.1. Where we and another person (such as a payment services provider) are liable to you in respect of the same matter, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.

14.2. We shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control, or the control of the intermediary affected.

14.3. We 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. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

14.4. Nothing in these Terms of Use shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.

14.5. Our obligation under these Terms of Use is limited to providing you with a software, allowing you to access an electronic money account and related payment services and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a third party.

14.6. We shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from your use of the Hoppacard Account or the services we or our Partners provided.

14.7. Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.

 

15. Termination

15.1. We may terminate your Hoppacard Account or any payment service associated with it by giving you two months’ prior notice. You may terminate your Hoppacard Account with us at any time.

15.2. We may at any time suspend or terminate your Hoppacard Account without notice if:

(i) you breach any condition of these Terms of Use or any other condition applicable to specific services covered by separate terms and conditions;

(ii) you violate or we have reason to believe that you are in violation of any law or regulation that is applicable to your use of our services;

(iii) we have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;

(iv) you harass or engage in obscene, rude or abusive behaviour against us or any of our representatives.

15.3. We may at any time suspend your Hoppacard Account without notice, if:

(i) we reasonably believe that your Account has been compromised or for other security reasons; or

(ii) we reasonably suspect your Account to have been used or is being used without your authorisation or fraudulently, and we shall notify you promptly after the suspension unless we are prohibited by law to do so.

15.4 Hoppacard and Hoppacard retain the right to terminate any and all agreements via written notice to the Business with no liability to the consequences (including but not limited to; direct, indirect, damage, loss of good name, loss of business, etc.) if:
– any undisputed amount stated in an invoice remains unpaid beyond 30 days from the due date,
– the agreed-upon or necessary documentation is not delivered by the business to the Hoppacard for more than 30 days;
– the Business consistently exhibits delays or omissions in the stipulated processes;
– the Business does not have the capabilities to execute the requirements of the project; such as lack of sufficient staff, lack of financial capacity, lack of employees with the capability to carry out the project;
– the Business is repeatedly unresponsive or miscommunicating with Hoppacard,
– the Business has a relationship with a third party that may harm Hoppacard and/or Hoppacard’s reputation, name, and business.
In the event of termination due to the abovementioned reasons, the business remains responsible for covering all costs arising from such termination, including but not limited to card destruction fees and end-user termination fees.
In the event of a termination or expiration of the agreement, Hoppacard maintains a strict no-refund policy for the following scenarios:
If the services have been rendered or products have been delivered to the business,
Prepayments and any other payments made by the business to Hoppacard are non-refundable, regardless of the circumstances,
In cases where physical items have been provided to the business, refunds will not be issued for these items.
The Business acknowledges and agrees that any third-party costs or expenses incurred during the course of the agreement are non-refundable.

 

16. Changes to these Terms of Use

16.1. These Terms of Use and any additional terms and conditions that may apply are subject to change. Changes will be implemented with prior notice from us under the procedure set forth in this section.

16.2. We shall give notice to you of any proposed change by sending an email to the primary email address registered with your Hoppacard Account.

16.3. We will aim to send information about upcoming changes as early as reasonably possible, but not later than a week before the new Terms come into effect.

16.4. You have the right to object to those changes. If you object to the changes, they will not apply to you. However, any such objection shall constitute a notice by you to terminate and close your Hoppacard Account.

 

17. Communication

17.1. We would usually communicate via email. For this purpose, you must always maintain a valid email address in your profile. You are required to check for incoming messages regularly and frequently. Emails may contain links to further communication on our website.

17.2. We will never send you any emails with executable files attached or with links to any executable files. If you receive any email with such attachments, you should delete the message without clicking on the attachment. If you are unsure whether a communication is originating from us, please contact us.

17.3. We will communicate to you in English and will always accept communications made to us in English.

17.4. Apart from communicating via email, we may contact you via chat, letter or telephone, where appropriate. If you use any mobile services, we may communicate with you via SMS.

17.5. You may contact us at any time by sending a message to support@hoppacard.com

17.6. Depending on the size of the business, you may have a dedicated Account Manager who would be responsible for proactive communication, regular reports and anything else you might need as a business customer of Hoppacard.

17.7. Recording and Storage of Information

Data Collection and Storage: In the context of our business relationship, we reserve the right to record and store all forms of communication and interactions, including, but not limited to, conversations, meetings, online meetings, letters, emails, and messages, for legitimate business purposes. All business correspondence recordings are admissible as evidence in the event of a dispute between the parties.

17.8. GDPR Compliance: All data collection, storage, and processing practices are carried out in full compliance with the General Data Protection Regulation (GDPR). Any personal data we hold is processed based on one or more of the lawful bases specified in the GDPR, including, but not limited to, consent, contractual necessity, and legitimate interest.

17.9. Data Subject Rights: As per the GDPR, individuals whose personal data we hold (“data subjects”) have various rights, including the right to access their personal data, the right to rectify inaccuracies, the right to erase data in certain circumstances, the right to restrict processing, the right to object to processing, and the right to data portability. Any requests to exercise these rights can be directed to our designated Data Protection Officer or appropriate contact point as specified in our Privacy Policy.

17.10. Retention and Security: We commit to storing any recorded or stored information securely and will retain such data only for as long as necessary for the purposes for which it was collected, or as required by applicable laws and regulations. We have implemented appropriate technical and organizational measures to ensure the security and confidentiality of the data we collect.

17.11. Third Party Disclosures: Except as otherwise expressly stated in this clause or as required by law, we will not share, sell, or distribute any recorded or stored information to third parties without obtaining explicit consent from the data subject or unless it is necessary for the purpose of fulfilling our contractual obligations.

17.12. Updates and Changes: From time to time, we may update this clause to reflect changes in our practices or for other operational, legal, or regulatory reasons. We encourage our users to periodically review our terms and conditions to stay informed about how we handle and protect their personal data.

17.13 Data Subject Request and Relationship Termination

Right to Terminate: In the event that a data subject exercises their right to request the deletion or limitation of their captured data, we reserve the right to immediately terminate any ongoing relationship, contractual or otherwise, with that individual. Termination under these circumstances does not constitute a breach of any agreement, and upon such termination, we shall bear no responsibility or liability toward the data subject or any third party arising out of or in relation to such termination.

17.14 Implicit Consent to Recording and Data Capture: By agreeing to these terms and conditions, the data subject provides implicit consent for the recording of all relevant data, including automated data recording, audio and visual recording and similar, during our business relationship. We will not provide explicit warnings or seek confirmation for each individual instance where data is being recorded. Data subjects acknowledge and accept this practice as a condition of our ongoing relationship.

 

18. Complaints

18.1. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. If you feel that we have not met your expectations in the delivery of our Services, please contact us via email at complaints@hoppacard.com.

18.2. More information on how we will handle your complaint, timelines, and next steps, is available on our Website, in the form of a Complaints Leaflet.

 

19. Assignment

We may assign this Agreement to another company at any time. If we assign the Agreement to another company, you will be given prior notice of this. Unless you tell us within 2 weeks that you do not want to continue with the Agreement after the assignment, you agree that we can assign the Agreement in this way. Your rights will not be affected by such assignment should it happen. You may not assign the Agreement to a third party. Your right to terminate the Agreement under clause 18 is not affected.

 

20. Miscellaneous

20.1. These Terms shall be governed by and interpreted in accordance with Bulgarian Laws. In the instance of a dispute, both parties agree that they would first endeavour to resolve them by open communication in writing, or where applicable by including independent adjudication or mediation. Notwithstanding the foregoing, and in the instance that resolution is not achieved through these means, all claims arising out of or in connection with this agreement will be resolved by the Courts of Amsterdam in the Netherlands, except where prohibited by applicable EU laws.

20.2. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.