MANIGO TERMS OF SERVICE,
CARDHOLDER & ACCOUNT PROVIDER TERMS AND CONDITIONS
COG Terms and Conditions
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THESE TERMS IF YOU HAVE CREATED OR USED A COG SERVICE OR HAVE CLICKED AN “I ACCEPT” BUTTON WITH RESPECT TO THE USE OF COG SERVICES.
THESE TERMS AND CONDITIONS ARE BETWEEN YOU (THE USER) AND COG LIMITED, A COMPANY INCORPORATED IN ENGLAND AND WALES WITH COMPANY NUMBER [add correct number] AND WHOSE REGISTERED OFFICE IS AT [add correct address]. MANIGO IS A TECHNICAL SERVICE PROVIDER UNDER THE TERMS OF THE PAYMENT SERVICES REGULATIONS 2009 AND PROVIDES SUPPORT TO THE PROVISION OF PAYMENT SERVICES TO YOU BY THE CARD ISSUER. FOR THE AVOIDANCE OF DOUBT, MANIGO IS NOT REGISTERED OR AUTHORIZED BY THE FINANCIAL CONDUCT AUTHORITY, IT DOES NOT AT ANY TIME ENTER INTO THE POSSESSION OF FUNDS TRANSFERRED THROUGH THE MANIGO SERVICE AND DOES NOT PROVIDE ANY PAYMENT SERVICE ACTIVITIES (AS DEFINED IN THE PAYMENT SERVICES REGULATIONS 2009) TO USERS OF THE MANIGO SERVICE.
MONAVATE LIMITED (THE CARD ISSUER), IS A COMPANY INCORPORATED IN ENGLAND AND WALES WITH COMPANY NUMBER 12472532 WHOSE REGISTERED OFFICE IS AT SUITE EF38, THE OFFICERS MESS BUSINESS CENTRE ROYSTON ROAD, DUXFORD, CAMBRIDGE, ENGLAND, CB22 4QH. THE CARD ISSUER IS AN AUTHORISED E-MONEY INSTITUTION AUTHORISED REGULATED BY THE FINANCIAL CONDUCT AUTHORITY (FCA FIRM REGISTRATION NUMBER: 901097) TO ISSUE E-MONEY AND PROVIDE CERTAIN PAYMENT SERVICE ACTIVITIES IN ACCORDANCE WITH THE E-MONEY REGULATIONS 2011. YOUR COG CARD IS ISSUED BY AND IS THE PROPERTY OF THE CARD ISSUER.
THE COG CARD IS LINKED TO ACCOUNTS PROVIDED BY THE CURRENCY CLOUD LIMITED IN THE UNITED KINGDOM AND IN THE EUROPEAN ECONOMIC AREA. IN THE UNITED KINGDOM, THE CURRENCY CLOUD LIMITED IS AUTHORIZED BY THE FINANCIAL CONDUCT AUTHORITY UNDER THE ELECTRONIC MONEY REGULATIONS 2011 AND THE PAYMENT SERVICES REGULATIONS FOR ISSUING OF ELECTRONIC MONEY AND THE PROVISION OF PAYMENT SERVICES WITH FCA REGISTRATION NUMBER 900199. IN THE EUROPEAN ECONOMIC AREA, CURRENCY CLOUD HAS OBTAINED AN E-MONEY LICENSE IN THE NETHERLANDS, AND OPERATES THROUGH ITS EUROPEAN ENTITY CURRENCYCLOUD B.V., WHICH IS AUTHORIZED BY DE NEDERLANDSCHE BANK (DNB) FOR THE ISSUING OF ELECTRONIC MONEY WITH RELATION NUMBER DNB: R142701.
PLEASE NOTE THE FOLLOWING RISKS OF USING THE COG SERVICES, WHICH ARE SET FORTH IN MORE DETAIL IN THE RELEVANT SECTIONS OF THESE TERMS AND CONDITIONS: THE CARD ISSUER MAY CLOSE, SUSPEND, OR LIMIT YOUR ACCESS TO YOUR CARD ACCOUNT AND THE COG SERVICES IF YOU VIOLATE THESE TERMS AND CONDITIONS, OR ANY OTHER AGREEMENT YOU ENTER INTO IN RELATION WITH THIS SERVICE, OR AS MAY BE OTHERWISE SPECIFIED IN THESE TERMS AND CONDITIONS. THE CARD ISSUER MAY ALSO USE FRAUD AND RISK MODELING WHEN ASSESSING THE RISK ASSOCIATED WITH YOUR CARD ACCOUNT.
THESE TERMS AND CONDITIONS ARE SEPARATE AND INDEPENDENT FROM THE TERMS AND CONDITIONS OF THE ISSUER (THE CARDHOLDER AGREEMENT IN ANNEX 1) WHICH GOVERNS THE RELATIONSHIP BETWEEN YOU AND THE ISSUER. BY AGREEING TO COG TERMS AND CONDITIONS YOU SHALL BE DEEMED TO AGREE TO THE TERMS AND CONDITIONS OF THE CARDHOLDER AGREEMENT AS WELL.
1. Notices to COG
Notices to COG made in connection with this Agreement must be sent by postal mail to: COG LTD 3rd Floor Regis News Building, No 3 London Bridge Street, London, SE1 9SG.
2. These Terms and Conditions
2.1. We may change these Terms and Conditions including without limitation changing the existing fee structure or introducing new fees, from time to time. If so, we will provide you with at least 60 days’ notice unless we are required to make such a change sooner by law.
2.2. The up-to-date version of these Terms and Conditions will be available through the website. You should check the website regularly so that you can see the latest version. You will be bound by these Terms and Conditions and any amendments made to them.
2.3. You will be taken to have accepted any change to these Terms and Conditions that we notify you about, unless you tell us that you do not agree with the particular change before the relevant change takes effect. In such circumstances, we will treat Your notification to Us as notification that you wish to terminate these Terms and Conditions immediately and we will close the account and any other related service and refund the balance to you.
3. Scope of these Terms and Conditions
These Terms and Conditions govern the use of COG by you and any User. The funds held in your Card Account are held as e-money and no interest will be paid on these. When you, or a User makes a debit Transaction, the value of the Transaction plus any associated fees payable will be deducted from Your Card Account and used to complete the Transaction. When you, or a User makes a credit Transaction, the value of the Transaction minus any associated fees payable will be credited to Your Card Account.
4. Intellectual Property
The URLs representing the COG website(s), COG App, “COG“ and all related logos of our products and services described in our website(s) and the COG App, are either copyrighted by COG, trademarks or registered trademarks of COG or its licensors. In addition, and with reference to both COG website(s) and COG App, all page headers, custom graphics, button icons, designs and scripts are either copyrighted by COG, service marks, trademarks, and/or trade dress of COG. You and any User may not copy, imitate, modify, alter, amend or use them without our prior written consent. You and any User may not alter, modify or change these logos in any way, use them in a manner that is disparaging to COG or the COG Services or display them in any manner that implies COG’s sponsorship or endorsement. All right, title and interest in and to the COG website(s) and COG App and any content thereon is the exclusive property of COG and its licensors.
When providing us with content or posting content (in each case for publication, whether on- or off-line) using the COG Services, you grant COG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against COG, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the COG Services, and COG’s use of such content (including all works derived from it) in connection with the COG Services.
You and any User may not in any way perform any activities whose objective is reverse engineering of the COG App and the way COG technically works including APIs, technical communication protocol, technical protection measures. As an example, but not limited to, you may not:
- Decompile the COG App;
- extract, use, distribute any part of the COG App in any form;
- analyse the technical communication protocol used by COG for providing COG Services;
- perform any network packet inspection involving the COG App;
- copy and use any part of the technical communication protocol used by the COG App;
- investigate, bypass, disclose, publish in any form any technical protection measures used by the COG App such as, but not limited to, authentication handshakes, protocol encryption, password authentication, code obfuscation, code signing, that control access to the code, the service or any specific functionality provided by the COG App;
- modify, adapt, integrate into other products, translate and re-write into another language or in another manner the COG App;
- copy any code into a program You create as a result of reverse engineering of the COG App;
5.1. Electronic Delivery of Communications
You agree and consent to electronic receipt of all Communications that we provide in connection with your COG Account and the COG Services. Since the COG Service is an electronic service, you agree that COG has no obligation to send, and you have no right to receive communications in paper form. We will provide Communications to you by making them available through the COG Services or by emailing them to you at the primary email address listed in your COG Account profile. Electronic Communications shall be deemed to be received by you upon delivery in the following manner: Posting them to your COG App, or on our website or making them available through the COG Services.
The Issuer and COG may issue combined Communications for the sake of convenience and you hereby consent to such joint Communications. You acknowledge and agree that such joint Communications shall not make the Issuer or COG Limited responsible for the other’s services.
5.2. Checking for Communications and Updates
It is your responsibility to log on to your Card Account and the COG Services to open and review Communications that we deliver to you through those means. We may but are not obligated under these Terms and Conditions to provide you with notice of the posting of a Communication to your Card Account or the COG Services. You are obligated to review your notices and Transaction history, and to promptly report any questions, apparent errors, or unauthorized Transactions. Failure to timely contact the Card Issuer may result in loss of funds or important rights. You agree that we will not provide you with a separate periodic statement for your use of the COG Services unless you specifically request one, in which case you may be charged a fee. You are responsible for reviewing the Transactions reflected in your Transaction history, as made available in the App.
6. MANIGO is only a technology service provider
Manigo provides technical support to the provision of payment services to you by the Card Issuer which enables you to make payments transactions through the COG App or COG Card. Manigo is an independent contractor for all purposes and is not your agent or trustee. Manigo does not have control of, or liability for, the products or services that are paid for through the COG Services. Manigo does not at any time enter into the possession of funds transferred through the COG Service and does not provide any payment service activities (as defined in the Payment Services Regulations 2009) to Users of the COG Service. We do not guarantee the identity of any User or ensure that a third party will complete a Transaction.
7. Card Service
To use the COG Services, you will be issued a Card by the Card Issuer and you hereby authorize us to share any Information you provide to us with the Card Issuer. The Card Issuer will use such Information that you provide in accordance with its privacy practices, including AML & fraud prevention. The Card Issuer will receive, hold and transfer funds on your behalf. COG does not receive, hold, transfer or come into possession of your funds. COG provides the following technical services: administering your enrollment into that service; receiving and relaying your transfer instructions for execution by the Card Issuer; reporting services regarding the funds held or transferred for you by the Card Issuer; and associated customer support.
8. Card Account
Transactions with your Card Account may be limited by applicable limits set by the Card Issuer or COG.
8.1. Reported Card Account Balance
You acknowledge that balances and available funds reported via the COG Services are only approximate real time balances, rather than the settled balances in your Account. A real time balance may not take into account pending debits. Despite this fact, COG will provide you with information about pending debits as and when it is available.
8.2. Loading your Card Account
To load your Card Account, you must request an electronic transfer from either your bank account or a debit card. In such a transaction, you are instructing COG to instruct Card Issuer and Account Provider to accept electronic transfers via direct deposit, or from a debit card, in the amount you specify, and to deposit such funds into your Card Account.
You can deposit money to your Card Account only from a bank account registered in your name. Transfers from third parties, including but not limited to companies, friends and family, will be returned to the senders account after deducting third-party processing fees. Regular salary payments can be an exception. Please contact COG Customer Support in that case.
9. Identity Verification
You agree to cooperate with all requests made by us or any of our third-party service providers in connection with your Card Account, to identify you, verify your identity, or validate your funding sources or Transactions. The Card Issuer reserves the right to close, suspend, or limit access to your Card Account and/or the COG Services in the event we are unable to obtain or verify such Information. You authorize The Card Issuer, directly or through COG third party service providers, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, or other information that will allow the Card Issuer and Account Provider 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. The Card Issuer and Account Provider may also ask to see your driver’s license or other identifying documents at any time or proof of your address.
You are responsible for maintaining adequate security and control of your mobile phone, any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the COG Services, COG Card and your Card Account. You should also carefully safeguard your Card. You agree to immediately notify us of any unauthorized use of your login credentials or other breach of security, either through the app, by phone at 0203 718 3143 or by email at [email protected].
All Transactions are processed by automated methods, and anyone who obtains your access credentials and/or mobile phone could use it to transfer your money without your permission. If you furnish your mobile phone and/or COG Services access credentials to a third party, a third party uses your login credentials, or you negligently make your mobile phone or access credentials available to a third party who then uses them, you will be liable for the Transactions conducted and other use or misuse of your Card Account until and unless the Card Issuer and Account Provider has been notified otherwise. You are responsible for any use or misuse with respect to your login credentials. We may require you to close your Card Account and open a new one, and/or change your COG Services access credentials.
11. Methods of Sending, Spending, Requesting or Exchanging Money
By sending, spending, requesting, collecting, splitting or exchanging money, you authorize and instruct COG to communicate your instruction to the Card Issuer and Account Provider to execute the transaction. Once you have provided your authorization for the Transaction, you will not be able to cancel it, except as provided for by applicable law. You are solely responsible for confirming the accuracy of any Transactions made by you.
11.1. Refused and Refunded Transactions
When you send money, the recipient is not required to accept it. You agree that you will not hold COG liable for any damages resulting from a recipient’s decision not to accept a payment. Any unclaimed, refunded or denied payment will be returned to you through the original Payment Instrument. Any unclaimed payment will be returned to you within 30 days of the date you initiated payment.
11.2. Sending Money to Non-COG User
COG Services may allow you to send money to someone who is not yet a COG User. In all cases, upon the sending of money, COG will invite the non-COG User to become a COG User in order to receive your payment or to receive money in their bank account. As part of that process, you authorize COG to send mail, email, SMS messages, and push notifications to the non-COG User on your behalf. If the non-COG User decides to accept your payment in their bank account, then COG will communicate these instructions to the Card Issuer and Account Provider to execute the Transaction. A third party may be instructed under an agreement with the Card Issuer to complete the Transaction to the non-COG User.
12. Restricted Activities
In connection with your use of the COG Services, or in the course of your interactions with the Card Issuer, COG, other Users, or third parties, you will not:
- Breach these Terms and Conditions, or any other agreement or policy that you have agreed to with COG, Card Issuer, the Account Provide or a Card Processor;
- Violate any law, statute, ordinance, or regulation;
- Use the COG Services to purchase or sell, or to facilitate the purchase or sale of, illegal goods or services, including, but not limited to: unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
- Infringe COG or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Provide false, inaccurate or misleading information;
- Instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- Attempt to “double-dip” during the course of a Dispute, Chargeback, Reversal or other investigation, with “double-dipping” being defined as intentionally or knowingly receiving or intentionally or knowingly attempting to receive funds from both COG and a merchant or Card Issuer for the same Transaction;
- Control a Card Account that is linked to another Card Account that has engaged in any of these Restricted Activities;
- Conduct your business or use the COG Services in a manner that is likely to result in or may result in complaints, Disputes, Reversals, Chargebacks, fees, fines, penalties or other liability to COG, other Users, third parties or you;
- Use your Card Account or the COG Services in a manner that the Card Issuer, Visa, Mastercard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
- Allow your Card Account to have a negative balance;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or interfere or attempt to interfere with the COG Services;
- Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
- Circumvent any COG policy or determinations about your Card Account such as temporary or indefinite suspensions or other Card Account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Card Account when a Card Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Card Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Card Account;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us; or
- Use the COG Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable law.
- Use the COG Services to trade FX for speculative purposes or for FX arbitrage.
- If your Card Account is used to conduct (or to attempt to conduct) Transactions that we believe are not permitted by these Terms and Conditions (such as one of the activities set forth above) or applicable law, we may, in our sole discretion, and without waiving any of our rights, freeze, close, suspend, terminate or limit your access to the COG Services. We reserve the right to refuse to facilitate any Transaction.
If the Card Issuer, in their sole discretion, believes that you may have engaged in any Restricted Activities, they may take various actions to protect themselves, other Users, other third parties, or you from liability. The actions it may take include but are not limited to the following:
- It may close, suspend, or limit your access to your Card Account or the COG Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information).
- It may contact Users who have Transacted with you, contact your bank or debit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
- It may update inaccurate Information you provided us;
- It may refuse to provide the COG Services to you in the future;
- It may take legal action against you; and
- The Card Issuer in their sole discretion, reserves the right to terminate these Terms and Conditions, access to its website, or access to the COG Services for any reason and at any time upon notice to you.
If COG in its sole discretion believes that you may have engaged in any Restricted Activities which are relevant to its support of the provision of payment services by the Card Issuer, it may take various actions to protect itself, other Users, other third parties, or you from liability. The actions it may take include but are not limited to the following:
- It may together with the Card Issuer and Account Provider close, suspend, or limit your access to your Card Account or the COG Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information).
- It may contact Users who have Transacted with you, contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
- It may update inaccurate Information you provided us;
- It may take legal action against you; and
- COG in its sole discretion, reserves the right to terminate these Terms and Conditions or access to its website for any reason and at any time upon notice to you.
13. Fraud Monitoring
COG and the Card Issuer may monitor your Transactions for the purpose of determining fraudulent activity and whether you are in good standing. Based on our methods, which are subject to change without notice, the Card Issuer may decide to suspend your Card Account, or in other ways limit your privileges. COG and the Card Issuer will use all available information to help combat fraud on our system. If you believe your Card Account has been opened or used in an unauthorized manner in connection with a Transaction, please contact us.
14. Lost, stolen or & unauthorised transactions
You should treat the value on the Card Account like cash in a wallet. If the Card is lost or stolen or there is unauthorised use of a Card, you may lose some or all of the value on your Card Account in the same way as if you lost cash. If you believe that any Transaction posted to your Card Account is unauthorised, has been posted in error or is otherwise incorrect, you must also let us know immediately by contacting Customer Support. We may require you to provide details in writing. You may be required to help us, our agents or any enforcement agency, at our request, if a Card is lost or stolen or if we suspect a Card is being misused. If a Card is reported lost or stolen, we will cancel it and may issue a new one. A fee may apply. If you or a User finds the Card after it has been reported lost, stolen or misused, you must destroy it and inform us immediately.
15. Location-Based Data
16. Transactions made in foreign currencies
16.1. If you use your Card to purchase goods or services or withdraw cash in a currency other than the currencies of your Card Account or if in order to facilitate any of your Transactions the currencies in your Card Account need to be converted, then such Transaction will be converted to the required currency on the day of the Transaction. COG and the Card Issuer will use the prevailing wholesale interbank exchange rate at the time of the transaction. A good guide for the exchange rates on each day is the Mastercard Currency Conversion Tool: https://www.mastercard.us/en-us/consumers/get-support/convert-currency.html..
16.2. We reserve the right to revert foreign exchange trades done with you if traded prices differ from market rates due to any external factors such as volatile market conditions, system failure or any other external factors.
16.3. We will make every effort to provide you with the best possible FX rates – wholesale interbank rates. However, in certain circumstances it is not possible due to the FX market being closed, e.g., weekends or holidays. In such cases we might provide FX rates different from the last closed price to reflect a possible price gap on the market open.
If you have a Dispute with one or more Users or the Card Issuer, you release COG (and our parent, our affiliates, and our and their respective officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such Disputes. You agree that you will not involve COG in any litigation or other Dispute arising out of or related to any Transaction, agreement, or arrangement with any User, the Card Issuer, advertiser or other third party in connection with the COG Services. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of COG and its affiliates and shall provide indemnification as set forth below.
18. Change in service providers
The Card Issuer and COG have the right to change any of its third-party service providers, including without limitation the Card Processor, with or without notice, that we, in our sole discretion, deem to be reasonable in the circumstances. You agree to cooperate with the Card Issuer, COG and any other service providers selected by the Card Issuer as reasonably required for the Card Issuer or such other service providers to perform services for which it is responsible.
19. COG is not a Card Issuer, Seller, or a Processor
19.1. COG is a technical service provider as defined in the Payment Services Regulations 2009 and is not a bank or other financial institution. Your conducting Transactions using the COG Services are between you the Card Issuer and Account Provider, and not with COG or any affiliates. COG is not a party to your Transactions.
19.2. In order to use the COG Services you will be issued a COG branded card by the Card Issuer and you hereby authorize us to share any information you provide to us with the Card Issuer. The Card Issuer will use such information that you provide in accordance with its privacy practices, including AML & fraud prevention. The Card Issuer will receive, hold and transfer funds on your behalf.
19.3. COG does not receive, hold, transfer or come into possession of your funds. COG provides the following technical services: administering your enrollment into that service; receiving and relaying your transfer instructions for execution by the Card Issuer and Account Provider; reporting services regarding the funds held or transferred for you by the Card Issuer and Account Provider; and associated customer support.
20. Customer Support
If you have an inquiry regarding a payment made with COG, or you believe there has been an error or unauthorised Transaction, please contact the COG Customer Support immediately. Customer Support can be contacted via app, by phone 0203 718 3143 or by email at [email protected].
21. Recording Calls
You understand and agree that COG may, without further notice or warning and in our discretion, monitor or record the telephone conversations you or anyone acting on your behalf has with COG or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with COG may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by COG, and COG does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
22. Closing your Card Account
22.1. How you May Close your Card Account
If you wish to close your Card Account, you must contact us by phone at +44 (0) 1903 680 360. Your Card Account can be closed only by you and only over the phone. If you call us with such a request, COG will take certain steps to verify your identity and you agree to cooperate in such verification. Once COG has verified your identity and confirmed you wish to close your Card Account, the Card Issuer will close your Account. When your Card Account is closed, any pending instructions will be canceled.
22.2. Limitations on Closing your Card Account
You may not close your Card Account to evade an investigation. If you attempt to close your Card Account while the Card Issuer or COG are conducting an investigation, it may freeze the account to protect all parties to the COG Services, its affiliates, or a third party against any liability. You will remain liable for any obligations related to your Card Account even after the Card Account is closed.
You agree to defend, indemnify and hold the parties to these Terms and Conditions, our parents, affiliates and the officers, directors, agents, joint venturers, employees and suppliers of COG harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of these Terms and Conditions, your improper use of the COG Services, and/or your violation of any law or the rights of a third party.
24. Limitations of Liability
In no event shall COG, our parent and affiliates, and the officers, directors, agents, joint venturers, employees and suppliers of COG (“COG Parties”) be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, the COG services or these Terms and Conditions, however arising. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. The liability of COG parties to you or any third parties in any circumstance and in the aggregate is limited to £50. In addition, to the extent permitted by applicable law COG parties are not liable, and you agree not to hold these parties responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) Your use of or your inability to use the COG Services; (2) Delays or disruptions in the COG Services; (3) Viruses or other malicious software obtained by accessing the COG Services or any associated site or service; (4) Glitches, bugs, errors, or inaccuracies of any kind in the COG Services; (5) The content, actions, or inactions of third parties; (6) A suspension or other action taken with respect to your Card Account; (7) Your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms and Conditions or COG’s policies. COG reserves the right to modify its policies and these Terms and Conditions at any time consistent with the provisions outlined herein.
25. No Warranty
The COG Services are provided “as is,” “as available” and without any representation or warranty, whether express, implied or statutory. COG, and the officers, directors, agents, joint venturers, employees and suppliers of COG, our parent or our affiliates, (collectively, “COG Parties”), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the COG Services used on or accessed through the COG Services, or for any breach of security associated with the transmission of sensitive information through the COG Services. The COG Parties do not warrant that the functions contained in the COG Services will be uninterrupted or error free. The COG Parties shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions or the COG Services. The COG Parties specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
COG does not have any control over the products or services that are paid for with the COG Services. COG is not responsible for the quality, performance, or any consequential results of the products and or services purchased during the transactions. COG cannot ensure that a merchant you are dealing with will actually complete the transaction or is authorized to do so. COG does not guarantee continuous, uninterrupted or secure access to any part of the COG Services, and operation of the COG Services may be interfered with by numerous factors outside of our control. COG will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner but COG makes no guarantees or warranties regarding the amount of time needed to complete processing because the COG Services are dependent upon many factors outside of our control, such as delays in the banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
26. Complete Agreement
These Terms and Conditions and the Cardholder Agreement (set out in Annex 1), set forth the entire understanding between you, the Card Issuer, and COG (as technical service provider) with respect to the COG Services. Any other terms which by their nature should survive, will survive the termination of these Terms and Conditions. Unless stated otherwise in these Terms and Conditions, if any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
27. Force Majeure
We shall not be liable for any delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, software failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which COG has no reasonable control, and nothing in this section will affect or excuse your liabilities and obligations under these Terms and Conditions.
28. Governing Law
You agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Terms and Conditions and any claim or Dispute that has arisen or may arise between you and COG.