Bluecard Prepaid Mastercard® - General terms and conditions for the use of the customer portal

§ 1 Scope

(1) Die Kunden GmbH (‘DKG’) registered office: Stuntzstrasse 16, 81677 Munich, registered in Germany in the Commercial Register under No. 174202, provides you ("you" or "customer") with the "XPAY Customer Portal", which allows you to manage and to charge the prepaid card on Mastercard® basis (the "prepaid card"), provided to you by one of our distribution partners.

In the course of the order of the prepaid card, an access to the XPAY Customer Portal (your "XPAY Account") shall be created for you and you will be prompted to enter your registration information/login information for your XPAY Account. With the registration you complete a contract with DKG regarding the use of the XPAY Customer Portal and your XPAY Account. By accessing or using the XPAY Customer Portal, you accept and comply the valid Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the XPAY Customer Portal. If you disagree with any part of the Terms and Conditions then you may not access the XPAY Customer Portal.

You can find details on DKG under https://bluecard.xpay-online.com/de/imprint.

(2) The prepaid card is sold by various distribution partners. The prepaid card is issued by UAB "PAYRNET" (‘PayrNet‘ or ‘the issuer‘). PayrNet is a company incorporated in the Republic of Lithuania (company number: 305264430 with its head office at AltSpace, Islandijos str. 6, LT-01117, Vilnius, the Republic of Lithuania and its registered office at Girulių str. 20, LT-12123 Vilnius, the Republic of Lithuania, (hereinafter referred to as “PayrNet”). PayrNet is an Electronic Money Institution (“EMI”) and is authorised by the Bank of Lithuania under the Law on Electronic Money and Electronic Money Institutions (license no 72, authorization code LB001994, issued on 2020-08-28) for the issuing of electronic money and provision of the related payment services. DKG is entrusted and entitled as so-called program manager with the technical administration of the card business by PayrNet. When ordering the prepaid card in addition to these "Terms and Conditions for the Use of the Customer Portal" a contractual relationship for the use of the prepaid card comes about between you and the issuer.

(3) The following General Terms and Conditions (herein “GTC”) regulate the rights and obligations when you use the XPAY Customer Portal. The GTC are part of the contract completed between DKG and you regarding the use of the services of the XPAY Customer Portal (herein the “user contract”).

(4) We can always change these GTC, including adjustment of further conditions. DKG will inform you in writing about any changes of the GTC by e-mail or by some other means of communication in the XPAY Customer Portal. Should the customer not object to such changes within six weeks upon receipt of the notification, the changes are considered to be agreed upon. In case of changes in GTC, you will be informed separately about your right to objection and legal consequences of silence. In case of changes, the new version of the GTC can be seen from the date of its coming into force also under https://bluecard.xpay-online.com/de/terms.

§ 2 Services

(1) The XPAY Customer Portal is a cloud-based software, which allows you to administer your prepaid card and to load funds on the prepaid card, as well as use further offers and features of your prepaid card.

(2) The services of DKG regarding the XPAY Customer Portal include: (a) Provision of the XPAY Customer Portal, which will be available after the completion of the user contract with DKG; and (b) Provision of an access to the XPAY Customer Portal, through which the features of your XPAY Account can be used.

(3) DKG reserves the right to change or to extend the content and structure of the XPAY Customer Portal, the XPAY Account as well as the associated user interfaces, if thereby the fulfilment of the purpose of the user contract is not or not considerably affected. DKG shall inform the customer accordingly regarding the changes.

(4) DKG strives to keep the XPAY Customer Portal accessible over the internet as continuously as possible. Based on the technical nature of the internet however, an uninterrupted accessibility of the XPAY Customer Portal is not guaranteed. DKG does not especially ensure any success of the respective access to your XPAY Account. Besides, DKG provides maintenance windows, during which the XPAY Customer Portal and thus your XPAY Account will not be accessible at all or only in a limited way. Where necessary, DKG can perform maintenance of the XPAY Customer Portal also outside the maintenance windows.

§ 3 Obligations of the Customer

You are fully responsible for your use of the XPAY Customer Portal or of your XPAY Account. You are especially responsible for charging your prepaid card by means of the XPAY Customer Portal.

§ 4 Registration

(1) For using the service offer of the XPAY Customer Portal and your XPAY Account, you have to register on the XPAY Customer Portal and create your XPAY Account.

(2) There is no claim for using the XPAY Customer Portal. The offer to use the XPAY Customer Portal or the XPAY Account is only for the customers, who have ordered prepaid cards and still use them.

(3) As part of their registration, the customer must enter their personal data, including address, phone number, birth date, nationality, e-mail address and possibly further data. No data beyond the requirements of PayrNet as a card issuer or of the relevant supervisory authority is enquired.

If for special services offered within the XPAY Customer Portal a further collection of data is required, the customer will be asked in the particular case for each special service offered in advance to give their consent and can revoke their consent at any time in the XPAY Customer Portal.

The use of the registration data and the data beyond this as part of the card use is not subject to this agreement. This is regulated in the GTC for the card use at point 16, which you can also find in the XPAY Customer Portal.

Before completing the registration, the customers have the possibility to check their data and, if necessary, to correct it.

(4) With the completion of the registration, the customer makes a binding offer to complete a user contract with DKG regarding the XPAY Customer Portal and expressly agrees to the validity of these GTC. The customer may access and save these GCT in this context.

The completion of registration does not represent acceptance of the offer to complete a user contract. DKG reserves the right to check the customer data and to decide about accepting the contract offer based on the verification. Upon completion of verification and positive decision on accepting the contract offer, DKG opens the XPAY Account for the customer and provides the customer with the access for the XPAY Account by sending a verification link via the e-mail address given by the customer.

With the transmission of the verification link, DKG declares the acceptance of the offer to complete the user contract with the validity of these GTC.

(5) The customer is obligated to indicate the data collected with the registration according to par. (3) truthfully, and completely, and / or to check the data used by DKG when creating the XPAY Account for correctness and completeness, if and to what extent these information is not considered as optional details. If the data collected changes after registration according to par. (3) or is inaccurate or incomplete in the course of the opening of the XPAY Account according to par. (3), the customer has the obligation to immediately update his profile or to otherwise communicate the changed data to DKG. The specification of artist names, pseudonyms or other invented names as part of the name inquiry is not allowed.

(6) The customer must keep their password secret and carefully protect the access to their XPAY Account. The customer has the obligation to inform DKG immediately if there is evidence that the XPAY Account has been misused by third parties. As soon as DKG gains knowledge about an unauthorised use, DKG will block the access of the customer. DKG reserves the right to change the login data and the password of the customer; in such a case, DKG will immediately inform the customer about this by e-mail.

§ 5 Processing of the Contract between Issuer / DKG and Customer

(1) DKG is no contracting party of the contract between customer and issuer, they merely provide the platform for managing the prepaid card.

(2) The processing of the contract between issuer and customer regarding the issue of the prepaid card, as well as the use of the prepaid card and its function is the sole responsibility of the respective customer and of the issuer. For the contract between issuer and customer as well as for the functionality of the prepaid card DKG does not take any guarantee of fulfilment neither a liability for defects. DKG has absolutely no obligation with regard to the functionality of the prepaid card.

(3) We collect, process, and use personal data from you in accordance with the applicable data protection laws and to the extent described in the privacy policy on our website under https://bluecard.xpay-online.com/de/privacy.

§ 6 XPAY Money Boost

(1) In the customer portal you will find the navigation point "Money Boost". Money Boost can be used to purchase cash vouchers from various third-party companies and brands at special conditions.

(2) The current conditions or discount promotions are dependent on third parties and can be viewed at any time in the customer portal.

(3) We do not assume any liability for the permanent availability of the Money Boost Service. Due to the digital nature of the service, technical malfunctions or short-term failures in particular cannot be ruled out and do not constitute a defect within the meaning of the BGB.

(4) The vouchers issued are products of the companies represented and are subject to the campaigns and guidelines of the respective publishers / manufacturers / service providers and can only be redeemed on the pages of the brand concerned. DKG has no influence on possible changes to voucher programmes and cannot guarantee their permanent validity. Please inform yourself in advance of the purchase about the possible uses of the voucher.

§ 7 Remuneration

The creation of an XPAY Account and the use of the XPAY Customer Portal is free of charge for the customer.

§ 8 Copyrights and Rights of Use

(1) The copyright and exclusive right of use of public objects created by DKG (web pages, scripts, programs, graphs) will remain the exclusive property of DKG and its licensors.

(2) Copying and usage of elements of the XPAY Customer Portal in other electronic or printed publications, especially on other websites, is not allowed without the explicit consent of DKG. DKG shall be exclusively entitled to the comprehensive copyright with all powers pursuant to § 12 to § 27 UrhG (German Copyright Act) in all documents, information and contractual items created within the scope of the contract initiation and including warranty and maintenance, unless otherwise agreed in writing.

(3) With the completion of the user contract the customer receives a simple, spatially unlimited, non-exclusive, and non-transferable right to use the XPAY Customer Portal as part of his XPAY Account to the extent agreed upon in the user contract, exclusively for own purposes and for the duration of the user contract. Further rights, especially for multiplication beyond the scope required for the contractual use are not granted. Any rights under Sections 69 d (2) and (3), 69 e UrhG (German Copyright Act) shall remain unaffected.

§ 9 Rights of DKG for Deleting Content, Blocking the XPAY Account etc.

DKG is entitled to take following measures if the customer violates these GTC, statutory provisions, or the rights of any third party, there are concrete indications that a customer violates legal provisions, rights of any third party, or these GTC, or if DKG has other legitimate interests: (a) Limitation/restriction of use of the XPAY Customer Portal respectively of the XPAY Account, (b) temporary blocking and (c) permanent blocking of the XPAY Account. In the choice of measures DKG appropriately takes into consideration the legitimate interests of the affected customer, especially if there are indications that the customer was not responsible for the violation. DKG will inform the customer regarding the measure by e-mail and shall give the opportunity to give an opinion.

§ 10 Links to Other Web Sites

The XPAY Customer Portal may contain links to third-party web sites or services that are not owned or controlled by DKG.

DKG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that DKG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

§ 11 Limitation of Liability of DKG

(1) DKG's liability to the Client for damage to legal assets other than life, limb or health shall be excluded unless the damage is due to intentional or grossly negligent conduct on the part of DKG, one of its legal representatives or one of its vicarious agents and the conduct is also not a breach of material contractual obligations. Material contractual obligations are obligations the fulfilment of which is essential to the proper performance of the contract and on the observance of which the Client may regularly rely. Liability in the event of a breach of such a material contractual obligation shall be limited to the damage typical for the contract, the occurrence of which DKG had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time. The aforementioned exclusions and limitations of liability shall not apply in the event of the assumption of express guarantees by DKG or in the event of claims due to the absence of warranted characteristics or insofar as claims under the Product Liability Act are concerned.

(2) DKG shall not be liable for faults within the XPAY customer portal for which DKG is not responsible.

(3) DKG shall only be liable for the loss of data in accordance with the above paragraphs if such a loss could not have been avoided by reasonable data backup measures on the part of the Client.

(4) Liability does not extend to impairment of the contractual use of the services provided by DKG via the platform caused by improper or incorrect use by the Client.

(5) The above limitations of liability shall also apply mutatis mutandis in favour of DKG's vicarious agents.

(6) Insofar as the XPAY customer portal offers the possibility of forwarding to databases and websites etc. of third parties, e.g. through the setting up of a website, DKG shall not be liable. DKG shall not be liable for the accessibility, existence or security of this database or services, nor for the content thereof, but in particular shall not be liable for the legality, correctness, completeness, up-to-dateness etc. of the content.

(7) In any case, the customer is also obliged to limit damages. This includes the timely notification of damage in the context of further damage minimisation.

(8) Your use of the XPAY Customer Portal is at your sole risk. The XPAY Customer Portal is provided on an "AS IS" and "AS AVAILABLE" basis. The XPAY Customer Portal is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

(9) DKG its subsidiaries, affiliates, and its licensors do not warrant that a) the XPAY Customer Portal will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the XPAY Customer Portal is free of viruses or other harmful components; or d) the results of using the XPAY Customer Portal will meet your requirements.

§ 12 Data Protection, Use of Personal Data

DKG ensures the confidential handling of the customer’s data in accordance with the relevant provisions regarding data protection as well as in accordance with the privacy policy, which you can find here https://bluecard.xpay-online.com/de/privacy.

§ 13 Contract Duration, Termination

(1) The underlying user contract for these GTC is concluded for an unlimited period of time. It can be terminated by the customer at any time without a period of notice of three months to the end of a quarter. The notice can be given in writing, by fax or by e-mail.

(2) DKG may terminate the user contract with a period of notice of three (3) months to the end of a quarter.

(3) The right to extraordinary termination for important reason remains unaffected.

(4) An important reason of contract termination for DKG is especially: (a) The violation by the customer of the provisions of these GTC, not eliminated even upon reasonable setting of a time limit; (b) the criminal activity of a customer or the attempt of such, e.g. fraud; (c) persistent industrial disruption due to force majeure beyond the control of DKG, such as natural catastrophes, fire, involuntary failure of power networks, and (d) the customer cancels the prepaid card or returns it.

(5) DKG shall be entitled to block the customer's login details and password after the effective date of termination and to delete all data of the customer, unless DKG continues to require the data for billing or verification purposes.

(6) Any termination must be in text form in order to be effective.

§ 14 Governing Law

(1) Should individual provisions of the contract of use including these GTC be or become invalid in whole or in part, the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by the contracting parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.

(2) The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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