Tent Card Terms and Conditions

Introduction

1. Definitions

ATM:

means a cash machine;

Account:

means an user account and Custodial Wallet linked to the Card, accessed via the Website or TENT App using your User Name and Password, allowing you to manage the Card functionality, including: updating your personal details; loading or suspending the Card; checking the Card balance; and linking a Payment Source to the Card;

Approval Process:

means the process or processes adopted by us from time to time by which we review and approve the issuing of Cards and Accounts, including anti-money laundering checks;

Card:

means TENT card

Cardholder:

means the user of the Card and the person that has entered into this Agreement;

Card Fees and Limits:

means the fees and limits applicable to the Card as set out on the Website and/or TENT App as amended from time to time;

Card Scheme:

means Mastercard and/or such other similar industry schemes as may be notified by Issuer from time to time in relation to Cards;

Currencies:

means any one or more of EUR and/or any other currency that we may make available from time to time;

Custodial Wallet:

means a hosted digital asset wallet;

Customer Support:

means any services, including call centre services, provided by us via TENT App and/or support@tent.com or our third-party service providers in connection with the Card;

Digital Assets:

means any cryptoassets that we may make available from time to time;

Designated Merchant:

means the merchant that has introduced you to us in order that you can apply for a Card to use to purchase its good or services;

Electronic Money Regulations or EMR:

means the Electronic Money Regulations of 2011 implementing the Electronic Money Directive 2009 (Directive 2009/110/EC) of the European Commission;

EUR:

means the lawful currency of the Eurozone;

EURTENT:

means a token with stabilised volatility in the value of the token to EUR for internal settlement purposes

Fees:

means the fees set out under the Fees and Limits table applicable to the Card or a transaction.

Issuer:

UAB Monavate is authorised and regulated by the Bank of Lithuania (authorization code: LB002139) and is permitted to issue e-money, with its registered office at Girulių g. 10-201, Vilnius, Lithuania, with registered company number 305628001

Merchants:

means a Designated Merchant or Other Merchants;

Other Merchants:

means a merchants other than the Designated Merchant which accept the Card as a form of payment;

Payment Source:

means a Custody Wallet you nominate to be linked to your Card in order to cover a transaction in time of card payment;

TENT App:

Means an iOS/Android mobile and website application providing centralized and/or decentralized trading and payment platform;

Username and Password:

means the username and password you create during the application process (or as subsequently amended by you) allowing you to access your Account;

We, us, our:

means the TENT Corporation SE, a company duly incorporated and validly existing under the Laws of Czech Republic (Reg Nr: 08395004), having its registered offices at Kaprova 41/14, 110 00 Praha, Czech Republic;

Website:

means our website at tent.com/tent-card

Working day:

means Monday to Friday from 09:00 to 17:00 CET, except for any public holidays in Czechia

you, your:

means you as the Cardholder.

Tent Card

1. The Card

1.1. The Card will be activated once you successfully complete the application and activation process.

1.2. The use of the Card is subject to the Agreement as may be varied by us from time to time. The current version of these Terms and Conditions and the Fees and Limits table is available and can be downloaded from the Website and/or TENT App. 

1.3. The Card is only for your use and expires on the date on the back of the Card.

1.4. Cards can only be used where the Merchant requests electronic authorisation of the transaction from the Issuer. If no electronic authorisation is requested the transaction will be declined. 

1.5. The Card is connected with Custodial Wallet until the Card expires or the Agreement is terminated. The Card is loaded automatically prior to every authorization request on transaction from selected Payment Source. 

1.6. Loads will be debited from connected Custodial Wallet and exchange rate will apply (where applicable) in accordance with clause 9. 

1.7. The Digital assets available in respect of the Card may vary from time to time and we recommend you check the Website for details of available Digital assets before applying for the Card. We may introduce new Digital assets from time to time and the Agreement shall apply to such new Digital assets and the Fees and Limits shall be deemed amended to apply to such new Digital assets. 

1.8. Subject to availability, you may allocate amounts between the permitted Digital assets via your Account and/or by such additional methods as we may make available to you from time to time. 

1.9. Card statements are available to view or download via the Account and you can obtain information on previous transactions via the Account. The up-to-date Card transactions will be available in real time.

2. Using the Card

2.1 The Card can be used for purchases worldwide at participating Merchants where you see the Card Scheme logo provided there are sufficient Payment Source available for the purchase, including applicable Fees.

2.2 Payment source will be debited with the amount of each transaction plus any Fees immediately. Merchants that accept the Card are required to seek authorisation from us for transactions and we cannot stop a transaction once authorised.

2.3 If there are insufficient funds in a particular Digital currency to pay for a transaction, the balance of the transaction will be automatically processed using other Digital currencies held on the Custody wallet in the following order of priority if available (“Order of Priority”) and a respective exchange rate will be applied. If there are insufficient Payment source to pay for a transaction, the Card/transaction may be declined. If we change the Digital assets, we will notify you of the new Order of Priority through the Website if available.

2.4 When using the Card at certain Merchants (for example hotels/car rentals), an additional amount (typically 10%-20%) maybe added to anticipated service charges or tips, temporarily reducing the balance Payment source. This is to ensure there are sufficient funds available to cover the final cost of the transaction and to reduce the risk of a negative balance arising in relation of Payment source. If your actual service charge or tip is less than the additional amount added, it may take up to seven (7) days from the date of the transaction before the difference is available to spend. Only the actual amount of the final bill agreed between you and the merchant will be deducted from the Custodial wallet. If the value of the final bill exceeds the relevant available Digital asset balance on Payment source, the remaining amount will be funded by converting that amount into the next available Digital asset in the Order of Priority if available.

2.5 In the unlikely event, for any reason whatsoever, a transaction is completed when there are insufficient funds on Payment source for that transaction (a “Shortfall”), the Shortfall shall be reimbursed by you unless it is due to an error on the part of the Merchant where the Card was presented, in this circumstance we may seek the Shortfall from the Merchant. You agree that once we make this Shortfall known to you, we may charge you for the Shortfall amount and deduct the amount from the Custodial wallet. We may also charge the amount of the Shortfall from any other balances that you hold with us, or any other payment method which you may designate at that time, or against any funds which you may subsequently load onto our platform. Until we are reimbursed the Shortfall amount, we may suspend the Card.

2.6 You must comply with all laws and regulations (including any foreign exchange controls) in respect of the Card in the country of purchase and/or use. We reserve the right to suspend the Card, terminate the Agreement and exercise any other remedies available to us due to your failure to comply with any part of this provision.

2.7 If you are entitled to a refund for goods or services purchased using the Card, or another credit for any other reason, this will be made to the Card, in the applicable Digital asset and an exchange rate will be applied.

2.8 We are entitled to set off any sum of money on the Custodial wallet due from you to us against any positive balance on any other card held by you with us.

3. Keeping your Card secure

3.1 You should treat the Card number like cash and you should keep the card number, CVC (Card Verification Code) and the Account login details secure and ideally separate from each other and you must take all reasonable care and precaution to ensure that the Card details are not lost, mislaid or stolen.

3.2 If the details are stolen, you may lose some or all of your money on the Custodial wallet, in the same way as if you lost cash from your wallet or purse and we recommend that you check the balance on the Custodial Wallet regularly via the Account. You can see the Custody wallet balance and recent transactions online at any time via your Account.

3.3 If you lose the Card details or if they are stolen, or you suspect that the Card has been used by someone other than you, you must tell us immediately by contacting Customer Support, so we can block your Card. You can also suspend the Card via your Account.
3.4 You may be required to confirm details of any loss, theft or misuse to Customer Support in writing and, where applicable, you must assist us and the police in any enquiries.
3.5 We may suspend the Card, with or without notice, if we think the Card has been or is likely to be misused, or if you break any important term or you repeatedly break any term and fail to remedy it, or if we suspect any illegal use of the Card. If we do suspend the Card, we will inform you of our decision, unless such disclosure is prohibited by law or would otherwise compromise fraud prevention or security measures.
3.6 If you authorise a transaction and we consider that all of the conditions set out below apply, we will refund the full amount of the payment, or provide you with our reasons for refusal,
or request that you provide additional information as is reasonably necessary to verify that such conditions apply, within ten (10) working days of receiving your request or if so requested within ten (10) working days of receiving any such additional information required:

• (a) you did not know the exact amount of the payment when you gave your authority;
  and
• (b) the amount charged exceeds the amount you reasonably expected to pay, taking into consideration your previous spending pattern, these terms and conditions and
  the circumstances of the transaction (excluding exchange rate fluctuations); and
• (c) you request a refund within eight (8) weeks from the date the funds were debited. No refund will be made if you have given us your consent for the payment to be made and, where applicable, details of the payment are made available to you by any means, at least four (4) weeks before the payment due date.

4. Liability

4.1 We recommend that you check your transaction history and balance regularly. If you notice an error in a Card transaction or a transaction you do not recognise, you must notify Customer Support without undue delay and in any event within thirteen (13) months of the transaction debit date. We reserve the right to refuse a refund where you fail to notify us within thirteen (13) months of the date of the debit transaction. We may request that you provide additional written information concerning any such Card transaction on our dispute form which we will make available to you when you notify us of an unauthorised transaction.

4.2 You are responsible for all authorised transactions on the Card. Your maximum liability is for the first EUR 50 of losses arising from any unauthorised transactions that take place prior to your notifying us of loss, theft or misuse. You will not be held liable for any further losses once you have notified us of unauthorised transactions unless we reasonably determine that you acted fraudulently or with gross negligence (in which cases you shall be liable for all losses). We will block the Card to protect your funds once you have advised us of any unauthorised transactions and we may also block the Account.

4.3 In the event that you do not use the Card in accordance with the Agreement or we find that you are using the Card fraudulently, we reserve the right to charge you for any reasonable costs that we incur in taking action to stop you using the Card and to recover any monies owed as a result of your activities.

4.4 We reserve the right to debit from the Custodial Wallet the amount of any refunds paid to you where, upon further investigation, it is subsequently established that you are not entitled to a refund. If there is insufficient balance on the Custodial Wallet to debit the amount of any refunds paid to you in circumstances where you are not entitled to a refund, we reserve the right to take all reasonable steps (including legal proceedings) to recover from you the amount of any such refunds together with any fees, charges or expenses that we have incurred, including debiting the amount from a Payment Source (where applicable). We reserve the right to withhold refunds if, and to the extent that, we can show you have failed to comply with any relevant provisions of this Agreement.

4.5 Like other payment cards, we cannot guarantee a Merchant will accept the Card, or that we will necessarily authorise any particular transaction. This may be because of a systems problem, something outside our reasonable control, or because we are concerned that the Card is being misused. Accordingly, we shall not be liable in any event that a Merchant refuses to accept the Card, or if we do not authorise a transaction, or for fraudulent transactions, or if we cancel or suspend use of the Card.

4.6 Unless otherwise required by law, we shall not be liable for any direct or indirect loss or damage you may suffer as a result of your total or partial use or inability to use your Card, or the use of your Card by any third party.

4.7 We may restrict or refuse to authorise any use of the Card in any legal jurisdiction if using the Card is causing or could cause a breach of the Agreement or if we suspect criminal or fraudulent use of the card.

4.8 We will not be liable for defects in any goods or services paid for using the Card. Any queries or complaints about such goods or services should be addressed to the relevant Merchant.

5. TENT Account

5.1 In order to be issued a Card you are required to open an Account during the application process. The Account allows you to manage the Card functionality including, capturing and updating your personal information (contact details/address), or suspending the Card, accessing your Card balance or transaction history, or managing your privacy settings (opting in or out of marketing communications).

5.2 We will also use the Account to undertake and record the result of addition checks we may need to make in order to verify your identity in accordance with clause 7 of the Agreement. After completion of registration and verification, you can use the following Account functionalities:

5.2.1 To add and save your Card via your client Profile;

5.2.2 To open and maintain your Account as well as top up and save Digital assets to be accepted by us from time to time into the Account, via transferring from your wallet or any other method acceptable by us;

5.2.3 To withdraw Digital assets from the Account to your wallet acceptable by us;

5.2.4 To track and check the crypto balance and trading information of the Account; and

5.2.5 Other functionalities we provide from time to time as set forth and updated in the publications on the Website.

5.3 We do not charge you for opening and maintaining a count.

6. Payment Source

6.1 You may nominate up details of at least one (1) Custodial Wallet to link to the Card as a Payment Source via the Account. In order to manage risk, we may limit the Payment Sources available for a transaction. If we limit a Payment Source, we will alert you that there is a higher-than-normal level of risk associated with the payment (for example and without limitation, a risk that the payment may be challenged to be unauthorised). Such a notice does not mean that either party to the transaction is acting in a dishonest or fraudulent manner. It means there may be a higher-than-normal level of risk associated with the payment.

7. Cardholder and Identification Requirements

7.1 To be eligible for a Card you must be at least 18 years old.

7.2 We are also required by law to verify certain details about you. This helps to protect against fraud and misuse of the Card. We will not open an Account until we have verified your identity and performed such other checks as we may in our discretion deem appropriate.

7.3 In some situations, certain information relating to your identity may already be held by the Designated Merchant. Where this is the case you hereby authorise the Designated Merchant and/or its agents to forward to us such information (including personal data) that we may reasonably require in order for us to comply with our obligations relating to “know your customer” requirements and also any information (including personal data) they may hold which may help us combat fraud and satisfy such credit checks that we may deem reasonable. We will always independently verify any information provided by the Designated Merchant. If we are unable to verify identity and/or satisfy our credit checks through these methods, or if we require further documentation according to individual circumstances, we will contact you and ask you to provide such documents.

7.4 We also have an obligation to maintain up to date information regarding all our Cardholders and/or Account holders. This means that we may require additional information from you from time to time to update our records. It is your responsibility to notify us of any changes to your information or update your information via the Account.

7.5 For the avoidance of doubt, we may share information which we receive from you (or the Designated Merchants) with other associated organisations or carry out checks on you electronically as is necessary for the purposes of providing the Card. For information on how we use your personal data, please see clause 13.

7.6 When we perform electronic checks, we may disclose Personal Information to fraud prevention and credit reference agencies who may keep a record of that information. By applying for the Card, you agree to your Personal Information being passed to such agencies for this purpose. You have the right of access to the personal records held by such fraud prevention agencies. We will supply the names and addresses of the agencies we use upon written request.

8. Card Fees

8.1 The Fees and Limits set out on the Website apply to the Card. The Fees are subject to change from time to time in accordance with the Agreement. You will be notified and provided fifteen (15) day notice of any changes to the Fees and Limits via the Website.

8.2 You agree to pay and authorise us to debit the Custodial Wallet for any applicable fees as set out under the Fees and Limits. These fees may be debited from the Custodial wallet as soon as they are incurred. If there are insufficient funds within a Digital asset to pay such fees, we will automatically deduct funds from other Digital asset in the Order of Priority.

8.3 Certain Merchants may charge an additional fee if the Card is used to purchase goods and/or services. The fee is determined and charged by the Merchant and is not retained by us. We recommend that you check such fees with the Merchant before completing a transaction.

9. Currency Transactions

9.1 There are instances where an exchange rate may apply, including:

(i) card transactions where the transaction is held in Currency ; and

(ii) when an investigation administration fee, inactivity or Shortfall fee is charged and there are insufficient funds in Payment Source, The method for calculating the exchange rate for each scenario is as set out below.

9.2 When funds are loaded or topped up onto the Custodial Wallet, the payment is made by you in permitted Digital asset; you can check the applicable exchange rate beforehand on our Website or via Account.

9.3 If a card transaction is made in a Currency, the amount will be debited from Payment Source by converting the transaction amount from available Digital asset balance on the Custodial Wallet using the Order or Priority. A exchange rate plus the foreign exchange margin will apply.

9.4 We may select and use an alternative third-party exchange rate provider. The exchange rate applied by us will be available at our Website or via Account. Any change in the relevant exchange rate will be applied immediately and without notice to you.

9.5 Exchange rates are subject to variation and the rate that applies one day will not necessarily be the same on any other day.

9.6 Where an investigation administration fee, inactivity or Shortfall fee is charged and there are insufficient funds in Payment Source, the amount will be funded by converting the outstanding amount into the next available Digital asset balance on the Custodial Wallet. The method for calculating this is described above in this Agreement.

10. Variation

10.1 We may, at our discretion, amend the Agreement at any time (including amendments and additions to our fees). Any amendment to the Agreement will be notified to you in accordance with this clause 11.

10.2 In certain exceptional circumstances such as where:

10.2.1 we have a reasonable belief that fraud is likely to or has occurred; or

10.2.2 the amendments are made in order to comply with any regulation, we may make such amendments prior to notifying you.

10.3 If we apply a change that is in your favour, we will apply the change immediately and notify you via the Website or TENT app. If we wish to make a change that is not in your favour, we will provide you with at least two (2) months’ notice in writing, via our website.

10.4 If you do not agree to the changes, you have a right to terminate the Agreement. If you do not do so, we shall assume you have accepted the changes to the Agreement on the date the change comes into force.

10.5 For the avoidance of doubt, the Agreement will not be considered to have been amended as a result of any oral communication between us.

11. Ending your Card and/or Closing Your TENT Account

11.1 Subject to clause The Agreement shall end in the event of the expiry of the Card (“Expiry Date”)

11.2 You can cancel the Card and/or close your Account before the Expiry Date immediately by contacting Customer Support or via TENT app. Once we have received the necessary information, which we will advise you of at the time, the refund of the funds remaining on the Custodial Wallet will be processed. We may ask you to provide us with further identification to proceed with the request.

11.3 If at any time: (i) you are in breach of any of the terms of this Agreement; or (ii) we have reasonable grounds to suspect fraud, theft or dishonesty, or the issue of the Card to you would, in our view, be inappropriate or damaging to our reputation, or would be in breach of applicable law or Card Scheme rules/requirements, we will be entitled to take such steps as we consider reasonably necessary to restrict your right to use the Card, which, without limitation, shall include, without prior notice to you, refusal to authorise a Card transaction, suspension, withdrawal or cancellation of the Card and/or Account.

11.4 If we do this, we will tell you as soon as we can or are permitted to do so after we have taken these steps. In these circumstances, you must tell us what you want us to do with any unused funds within three (3) months of the date we tell you your Card is cancelled.

11.5 Your Card will be valid typically for three (3) years from the date it is issued (exact date located on the Card back). If you have used the Card within three (3) months prior to the third anniversary of the Card issue date and have a positive balance on the Custodial wallet we will automatically update and replace the card number and other relevant details via the T Account. Any funds on the Custodial Wallet will automatically be transferred to the new Card.

11.6 If the Card has reached its third (3rd) anniversary and you have not received a new card number, please contact Customer Support.

12. Personal Data

12.1 We may contact you by telephone, letter, SMS or email at the contact details you provide us and we may require you to verify your identity. You must let Customer Support know immediately if you change your name, address, phone number or email address.

12.2 By purchasing the Card and using it, you consent to us and our service providers processing the information we collect from you (“Personal Information”), when we provide you with the Customer Support, under the Agreement.

12.3 We may use your Personal Information to:

(i) enable us to provide the Customer Support and for verification of your address and identity;

(ii) protect against and prevent fraud, unauthorised transactions, claims and other liabilities;

(iii) provide, administer and communicate with you about products, services and promotions which we think may be of interest to you (including contests, offers, competitions and promotions), and to notify you about important changes to the features and operations of those products and services; and

(iv) for internal analytical purposes. If you do not want to receive marketing information about our products and services, please contact us (see ‘Contact details’). You will, however, still receive operational and administrative messages related to the Card and any enhancements or changes to the Card;

(v) operate, evaluate and improve our business (including developing new products and services, managing our communications, determining the effectiveness of our advertising, analysing our products and services, training, performing and producing data reports and analysis that have been anonymised to ensure that they do not identify you as an individual, and performing accounting, billing, reconciliation and collection activities).

12.4 We may also share your Personal Information with: (i) our service providers who perform services on our behalf; (ii) credit reference agencies and fraud prevention agencies to

(a) make enquiries when you ask for the Card or to assist us in managing the Card;

(b) share information about you and how you manage the Card;

(c) if you give us false or inaccurate information or we suspect fraud. These agencies keep a record of our enquiries and may record, use and give out information we give them to lenders, insurers and other organisations to make assessments and to help make decisions on you and members of your household, for debt tracing and to prevent fraud and money laundering.

12.5 We may also disclose information about you:

(i) if we are required to do so by law or legal process;

(ii) to law enforcement authorities or other government officials, or

(iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

12.6 Your Personal Information may be processed outside of the country of purchase (which may be outside of the European Economic Area), but all service providers are required to have adequate safeguards in place to protect your Personal Information.

12.7 If you have agreed, we may contact you about other products and services and offers available from selected companies, which we believe may interest you or benefit you financially. If you no longer wish to receive this information, please contact Customer Support or change your privacy setting via the TENT Account.

12.8 You can contact Customer Support for a copy of the Personal Information we hold about you. A fee may be charged for this service.

12.9 From time to time, we may change the way we use your information. Where we believe You may not reasonably expect such a change We shall write to You. If You do not object to the change within 30 days, You will be taken to have consented to such change.

13. Transferring our Rights & Third Party Rights

13.1 We may assign any of our rights and obligations under the Agreement, without your prior consent, to any other person or business, subject to such party continuing the obligations in the Agreement to you.

13.2 Except for any party referred to in this clause 12, nothing in the Agreement gives any third party any benefit or right (including any enforcement right).

14. Compensation

14.1 In the unlikely event that we become insolvent, any Digital assets on your Custody wallet (i.e. any credit balance on the hosted wallets) may lose its value and become unusable and you may therefore lose such Digital assets. Other than as set out in Clause 15 (Complaints), there are no other compensation schemes available to you in the event that we are unable to satisfy any claims relating to the Card or Custodial Wallet.

15. Complaints

15.1 If you are not satisfied with any aspect of the non-regulated service offered, please contact Customer Support on support@tent.com or TENT app and via the Contact Us link at the Website. They will be pleased to help and explain the complaints procedure in more detail. A copy of the Complaints Procedure on the Website or upon request. We will try and resolve your complaint as soon as possible. Often however, the complaint will need to be investigated. If this is the case, we will respond to you within five (5) Business Days to acknowledge receipt of your complaint and tell you how long it might be before your complaint is resolved. If your complaint cannot be resolved, you may refer it to the Czech Trade Inspection Authority. The Czech Trade Inspection Authority is an independent body. You can contact them at Štěpánská 567/15, 120 00 Prague 2, Czech Republic

15.2 You may also use the Online Dispute Resolution service if you are an EU resident and have a complaint about a product or service purchased from us online. The ODR website can be found at http://ec.europa.eu/consumers/odr/. 15.3 If you are not satisfied with any aspect of the regulated service offered by UAB Monavate, please contact them directly or contact TENT support at support@tent.com

16. Governing law and jurisdiction

16.1 This Agreement and any matter arising from or in connection with the Cards and/or TENT Account shall be governed by Czech law and subject to the exclusive jurisdictions of the Courts of Czech Republic

17. Contact details

17.1 If you have any queries regarding the Card, please refer to Website to TENT app.

17.2 We can be contacted using the details in the ‘Contact details’ section on the Website, TENT app or by writing to Customer Support.

17.3 Any notice sent by either party under the Agreement by email shall be deemed given on the day the email is sent, unless the sending party received an electronic indication that the email was not delivered; and if by post, shall be deemed given three (3) working days after the date of posting.