Praxell Terms of Service
Prohibited Card Design Guidance
Taglines (e.g., “powered by”, “driven by”, “treat like cash,” etc.), slogans, advertising and marketing language
Images of product brands or branded products for which the Buyer does not have explicit permission to use
Celebrities, actors, adult cartoons or graphic video/computer game figures, musicians, or public figures where you cannot prove IP ownership
Phone numbers, addresses, URL addresses on the front of card designs
Bank/Non-Visa Account or PIN numbers on the front or the back of a card
Content that is violent, bloody, indecent, obscene or contains nudity or semi-nudity
Material that is directly marketed to underage children, as defined by applicable law
Any references to national partnerships and/or sponsorship properties (FIFA, Olympics, NFL, etc.)
Reproduction of currency or virtual currencies (Bitcoin, comparable stored value business models)
Culturally or socially insensitive texts or images, or those that show alcohol, tobacco, gambling, firearms, online or role playing games, adult entertainment, or other anti-social behaviors
Financial services companies (any Financial Institution that could potentially be considered a competitor to Visa/Mastercard/Amex/JCB/CUPS Issuers)
Groups associated with hatred or intolerance (race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity)
Direct selling organizations
Alcohol, tobacco or pharmaceutical companies
Libelous or derogatory or defamatory content
Discriminatory or provocative content
Content that instigates or encourages anti-government behavior or sentiment, or content that is in violation of any rules, regulations, or laws
Numbers, text or images that might result in card acceptance confusion by merchants or misunderstanding/confusion with cardholders
Marks and logos belonging to companies that compete with Visa/MC/Discover/American Express/JCB in any way, merchant processors and card vendors (including manufacturers and card personalizers), other than required manufacturer ID code on the card back
Any image that, in the sole judgment of Visa/MasterCard/American Express/JCB/CUPS, may potentially denigrate their brand. Any images or designs in question should be reviewed with Praxell team prior to approval.
Exceptions to certain items listed above may be considered on a case-by-case basis. All requests for an exception must be submitted to Praxell for approval through the standard card design review process.
1. General and Acceptance
BY USING AND/OR VISITING THE WWW.PRAXELL.COM WEBSITE AND/OR ANY SUB-WEBSITE OF WWW.PRAXELL.COM (as defined below; collectively, including all content available through the Praxell.com domain name and/or any sub-domain name such as www.mobile.praxell.com, the “Praxell Website”, or “Website”), is owned, maintained and operated by Praxell, Inc. (“Praxell”) and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use” or “Agreement”) AND THE TERMS AND CONDITIONS OF PRAXELL’S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.Praxell.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.
The Terms of Use constitute a binding legal agreement between you as user (“You”) and Praxell. For the purpose of these Terms of Use, a “Sub-website” of Praxell shall be considered as any website which is part of the Praxell service offering and which refers to these Terms of Use as the terms governing the use of such websites.
This Terms of Use Agreement sets forth the legally binding terms for your use of the Praxell Services as defined below and they shall apply to all users of the Praxell Website, including users offering content and/or other materials or services on or through the Website. By using the Praxell Services, You agree to be bound by this Agreement. You are only authorized to use the Praxell Services (regardless of whether your access or use is intended) if You agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE PRAXELL WEBSITE AND DISCONTINUE USE OF THE PRAXELL SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE PRAXELL SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
In order to participate in certain Praxell Services, You may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Praxell.com Services in which You choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof.
Praxell.com may modify this Agreement from time to time and such modification shall be effective upon posting by Praxell.com on the Website. You agree to be bound to any changes to this Agreement when You use the Praxell Services after any such modification is posted. It is therefore important that You review this Agreement regularly to ensure You are updated as to any changes.
2. Eligibility
Use of and Membership in the Praxell Services is void where prohibited. By using the Praxell Services, You represent and warrant that (a) all registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are 18 years of age or older; and (d) your use of the Praxell Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that You are less than 18 years of age.
Minors are not allowed to purchase Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
3. Provided Services
Praxell is a program manager for network-branded prepaid debit cards (“Prepaid Cards”) issued by a financial institution (“Issuing Bank”). Praxell shall provide certain services, as described more fully on the Website (“Services”). Services may include, but not be limited to, the fulfillment, customization and program management of Praxell Cards (collectively referred to as “Content”). You acknowledge that Praxell provides the Services AS IS and that Praxell assumes no responsibility for any failure in providing the Services to the Users and shall have no responsibility in relation to the availability of any Product Type. Please note that Services (or added customization and other features) may be provided only to Users who subscribe for such Services and Praxell may charge fees for such Services. Praxell may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Praxell may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. The Services provided by Praxell (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.
4. General Undertakings
You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content You may submit, post or share via the Website. You will not use the Praxell.com or Praxell Services for any unauthorized or illegal purpose. You will be responsible for ensuring that You do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.
5. The Praxell Website
The Praxell Website may contain third party content and links to third party websites that are not owned or controlled by Praxell. Praxell has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Praxell will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve Praxell from any and all liability arising from your use of any third-party website. Accordingly, we encourage You to be aware when You leave the Praxell Website and to read the terms and conditions, and privacy policy of each other website that You visit.
6. Website Access
- Praxell hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Praxell; and (ii) You will otherwise comply with the terms and conditions of these Terms of Use.
- In order to access some features of the Website, You will have to create an account. You may never use someone else’s account without permission. When creating your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and You must keep your account password secure. You accept sole responsibility for keeping your password secure. You must notify Praxell immediately of any breach of security or unauthorized use of your account. Although Praxell will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses of Praxell or others due to such unauthorized use.
7. Ordering Cards
- Order Application. In placing an order (the “Order”) on the Website, You are submitting an application to Praxell to serve as its authorized agent of Praxell and its Issuing Bank to sell and distribute Prepaid Cards to cardholders (“Cardholders”). These Prepaid Cards are issued pursuant to a license from Visa U.S.A. Inc. and pursuant to a license by MasterCard International Incorporated. Visa and the Visa brand mark are registered trademarks of Visa U.S.A. Inc. MasterCard and the MasterCard brand mark are registered trademarks of MasterCard International Incorporated.
- Due Diligence. During the application process and at any time thereafter, You will provide Praxell and the Issuing Bank with personal and business data as may be requested. The agency authority granted herein is solely for your benefit and You shall not subcontract or delegate the agency authority granted therein, nor any of your duties or obligations thereunder, without the prior written consent of Praxell. Notwithstanding anything herein to the contrary, Praxell may, at any time and for any reason whatsoever, terminate your agency and direct You to cease the sale, distribution and loading of Prepaid Cards.
- Product Type. Your Order consists of a request for Prepaid Cards based on a particular product type (the “Product Type”). Within that Product Type, Prepaid Cards are distinguished by mode of issuance (instant vs. mail issued); source of funding (business vs. consumer), reloadability and other factors. Prepaid Cards contain proscribed terms and conditions (the “Terms and Conditions”), including the disclosure of cardholder fees (“Cardholder Fees”) associated with their sale and use. The Terms and Conditions of Prepaid Cards constitute a binding agreement between the Cardholder and the Issuing Bank.
- Card Issuance. Mail-delivered cards are sent via USPS direct to the Cardholder at the address on record. Unless otherwise arranged, Praxell ships instant-issued cards direct to You by means of bulk delivery to such locations designated by You as shall be approved by Praxell. Instant-issued Prepaid Card inventory shall be maintained by You in accordance with Praxell’s compliance guidelines. You shall not transfer Prepaid Card inventory between locations without Praxell’s knowledge and consent.
- Funding Method. Prepaid cards must be funded prior to their use in modes specifically approved for the Product Type as outline on the Website. Where permitted by Praxell, a licensed money service business (“MSB”) can accept and process cash for the sale and loading of certain Praxell Cards. To effectuate a cash sale or load, the MSB must be approved by Praxell and the Issuing bank and enter into a Retail Distributor License under terms proscribed by Praxell.
- Certain Product Types can be reloaded while others allow for just single loads. Pursuant to the USA Patriot Act, the Issuing Bank must obtain, verify, and record information that identifies each person who opens a reloadable account.
- Customization Levels. To complete your Order, You must select your desired level of customization. Customization options range from Standard Branding, Your Branding (Lie or Full) or Custom Solution. The customization options are detailed at http://getstarted.praxell.com/customize. Your choice of customization will impact both the offering price as well as the delivery timeframe.
- Product Type Availability. Praxell shall have the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily discontinue the availability of any Product Type (or of any features or components thereof).
8. Fees and Payment
The Services offered on the Website require payment of fees (“Charged Services”) as described on the Website. You authorize Praxell directly or through third parties, to make any inquiries it considers necessary to validate your account, company and financial information that You provided while signing up for such Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by You to Praxell.
All fees shall be charged in accordance with the payment method as determined in the Website. If, at any time, You contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your right to use, ell or distribute the Prepaid Cards will be automatically terminated. All prices and fees are non-refundable. Praxell expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user.
9. Cancellation & Money Back
Praxell will only refund You according to its Money Back Guaranty Policy. Praxell offers a 7-day money back guaranty (“Guaranty Period”). Should You elect to cancel your Order You can submit a refund request in accordance with our Money Back Guaranty Policy, as may be amended from time to time, within the Guaranty Period in order to receive full refund. Praxell will not refund any amounts paid after the elapse of the Guaranty Period.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE (INCLUDING PURCHASE AND/OR CUSTOMIZATION OF PREPAID CARDS) MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. PRAXABLE WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.
10. Intellectual Property Rights
The Content on the Praxell Website (as defined above), except for all User Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Praxell uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to You AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Praxell document). Praxell reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Praxell Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Praxell Website or any of the Content therein.
11. Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE PRAXELL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PRAXELL MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE PRAXELL WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE PRAXELL WEBSITE. IN NO EVENT SHALL PRAXELL ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRAXELL WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PRAXELL SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. PRAXELL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRAXELL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRAXELL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THOSE WHO ACCESS OR USE THE WIX WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
12. Indemnity
You agree to defend, indemnify and hold harmless Praxell, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Praxell Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Praxell Website.
13. Miscellaneous
- Force Majeure. Under no circumstances shall Praxell be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Praxell, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.
- These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Praxell without restriction or limitations.
- You agree that: (i) the Praxell Website shall be deemed solely based in Israel; and (ii) the Praxell Website shall be deemed a passive website that does not give rise to personal jurisdiction over Praxell, either specific or general, in jurisdictions other than Israel. These Terms of Service shall be governed by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between You and Praxell that arises in whole or in part from the Praxell Website shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. These Terms of Use, together with the Privacy Policy and any other legal notices published by Praxell on the Website, shall constitute the entire agreement between You and Praxell concerning the Praxell Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Praxell’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND PRAXELL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRAXELL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
- Marketing Consent. By registering to the Praxell Website and providing your email address, You expressly agree to receive promotional content from Praxell, by mail or email, from time to time. If You provide Praxell with your phone number (at any stage of use of the Services), Praxell shall be entitled to call You or send You promotional SMS notices from time to time. If You wish not to receive such promotional content / notices, You may notify Praxell at any time.
BETA Test Warning. Please note that the Praxell Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.