Privacy Policy
General Terms of Service
Effective as of March 20, 2024 These General Terms of Service (“Terms”) are a contract between you (the “User,” “you,” or “your”) and PuraVida Technologies LTD (“PuraVida”, “we,” “us,” or “our,”) and you are agreeing to be legally bound by their terms and conditions by using the PuraVida Services. The PuraVida Services are provided to you subject to these Terms as well as our Privacy Policy (“Privacy Policy”), which is available atjoinpuravida.com/privacyand is incorporated in these Terms by reference. We reserve the right to change any of the terms and conditions of these Terms at any time under Section 18 of these Terms. Please refer back to this webpage regularly to stay apprised of amendments to these Terms.
1. GENERAL
1.1. You understand that by signing up to use The PuraVida Services and opening a PuraVida Account, you have affirmed that you are at least 18 years old, have the capacity to agree to these Terms by and between you and PuraVida, and agree to be legally bound by the terms and conditions of these Terms in their entirety, including any amendments thereto.
1.2. Before you can enter into PuraVida Transactions and benefit from The PuraVida Services with us, you are required to: (A) read these Terms and tick the box confirming the accuracy of the information provided and your agreement with these Terms; and (B) provide us with such documentation, photographs, and information as we may reasonably request as further set forth in the Cardholder Terms.
1.3. These Terms incorporate the Website Terms, the Privacy Policy, the Website Acceptable Use Policy, the PuraVida Services Terms, and any Supplements by reference. By accepting these Terms, you are deemed to have accepted the terms and conditions of our third-party service providers, including but not limited to, for the avoidance of doubt, the Cardholder Terms.
1.4 Once you have completed the above and you have passed our internal checks in accordance with the Cardholder Terms, we will provide you with a PuraVida Account and make the PuraVida Dashboard available to you. You agree that you will not allow any other person to access or use your PuraVida Account or PuraVida Dashboard.
1.5. You confirm that you have provided the correct information during the process of creating a PuraVida account. You agree that if your details change, you will notify us immediately. You will bear any losses that occur due to the submission of invalid, incorrect, or inaccurate information.
1.6. All grants of PuraVida Shares will be subject to a separate agreement, and to the extent that such grants constitute a sale of securities, they will be made in accordance with relevant federal and state securities laws.
2. CARDHOLDER AGREEMENT
The PuraVida Cards are issued by our partner bank (the “Bank”). By agreeing to these terms, you are deemed to have agreed to the relevant cardholder terms. These Terms are separate and independent from the Cardholder Terms, which govern your use of your PuraVida Card.
3. PuraVida TRANSACTIONS
3.1. The PuraVida services allow you to direct the bank to conduct a variety of transactions (“PuraVida transactions”), including, but not limited to, the following: A) “Funds Exchange” means using Funds in one currency to purchase Funds in another currency using the exchange rates as further described in the Cardholder Agreement; B) “Instant Transfer” means receiving Funds into your PuraVida Funds Account or sending Funds from your PuraVida Funds Account to the PuraVida Funds Account of a different PuraVida User; C) “PuraVida Bank Transfer” means redeeming Funds in your PuraVida Funds Account, with or without an associated monetary exchange taking place, transferring the equivalent amount of money to the Counterparty Bank Account; D) “ATM Withdrawal” means you using your physical PuraVida card and card PIN to obtain cash from an ATM with or without a monetary exchange taking place; and E) and E) “PuraVida Card Purchase” means you are using your PuraVida Card to purchase goods and/or services from a merchant by entering the details of your PuraVida Card and/or your Card PIN. PuraVida transactions are governed by the cardholder terms.
3.2. Note that virtual receipts for successful PuraVida transactions are accessible on the PuraVida Dashboard. In addition to virtual receipts, merchants should provide you with receipts when you enter into a PuraVida card purchase. Neither PuraVida nor the Bank will or is under any obligation to provide you with a physical receipt or other written confirmation in connection with any PuraVida transaction.
4. The PuraVida DASHBOARD
The PuraVida Dashboard is our portal on The PuraVida Services, where you can, among other things:
A) direct the bank to load funds via stored card, funds exchanges, instant transfers, and PuraVida bank transfers, including recurring transfers (once accepting all charges as displayed on the PuraVida dashboard);
B) direct the bank to review and accept or decline instant transfers;
C) verify your identity;
D) view your PuraVida transaction history;
E) view the balance and currency of the funds you hold in your PuraVida Funds Account;
F) direct the bank to enable or disable your physical PuraVida card, change the PIN on your physical PuraVida card, and access other security features;
G) enable and disable location tracking; and
H) enter the details of your user bank account and your stored card(s).
5. YOUR PuraVida CARD
If you register as a PuraVida user, you may be issued a PuraVida Card. Terms relating to the PuraVida Card are set forth in the Cardholder Terms.
6. VERIFICATION OF IDENTITY
You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your PuraVida Account, to identify or authenticate your identity or validate your funding sources or PuraVida transactions as further described in the Cardholder Terms, and to take any action we deem necessary based on the results. You must ensure the information on your PuraVida account is always accurate and up-to-date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. We may suspend or terminate any PuraVida transaction if we suspect or determine that your account has been improperly accessed; if this occurs, you agree to cooperate with us to verify your identity before access to your account is restored.
7. ADDING FUNDS TO YOUR PuraVida ACCOUNT
You can add funds to your account in accordance with the Cardholder Terms and any limitations therein.
8. FEES
The terms regarding fees charged for the PuraVida Services are set forth in the Cardholder Terms. We reserve the right to suspend your access to the PuraVida Services if the Bank is not paid any monies owed to the bank by you on time.
9. SECURITY
9.1 You must ensure that you take all reasonable steps to:
A) ensure that your mobile and your mobile PIN are kept safe and secure;
B) ensure that access to the PuraVida Dashboard is kept safe and secure; and
C) ensure your PuraVida Card PIN and other unique numbers (including CVV, expiration, and card number) are kept safe and secure; and
D) review your PuraVida Dashboard regularly to confirm that it does not reflect any unauthorized PuraVida transactions.
9.2 The requirement in Section 9.1 includes, but is not limited to, for the avoidance of doubt, you:
A) closing the PuraVida Services every time you are not using it;
B) keeping the mobile you use to gain access to the PuraVida Dashboard safe and secure and locked with a secure password or other security mechanism;
C) not writing down or telling anyone your mobile PIN;
D) changing your mobile PIN regularly;
E) if you receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your mobile PIN, not providing your information and contacting our customer service team via the chat function on the PuraVida Dashboard;
F) ensuring that the mobile and e-mail account(s) you use to communicate with us are secure and only accessed by you, as the mobile and e-mail addresses may be used to reset your mobile PIN or to send information relating to the PuraVida Dashboard;
G) if at any time you think that your mobile PIN has been lost, stolen, or that any other person knows your mobile PIN or anyone has access to your e-mail account or mobile you use to communicate with us, inform customer service immediately via the chat function on the PuraVida Dashboard;
H) keeping your PuraVida Card safe and secure; I) not writing down or telling anyone your Card PIN or other details of the PuraVida Card; and
J) disabling your PuraVida Card via the PuraVida Dashboard or otherwise reporting to us at any time if you think the security of the PuraVida Card is at risk, for example, if it is lost or stolen. All PuraVida transactions are processed by automated methods, and anyone who obtains access credentials to the PuraVida Dashboard or access to a PuraVida Card could use them to enter PuraVida transactions without your permission. If you notice misuse, theft, or unauthorized use of your mobile, PuraVida Card, mobile PIN, card PIN, or any other activity that makes you suspicious, you must promptly contact the customer service team and, if possible, enable the appropriate security features on the PuraVida Services. If you suspect identity theft or theft of funds, we suggest that you contact your local police as well.
10. RESTRICTIONS ON THE USE OF The PuraVida SERVICES
10.1 You are not permitted to:
A) use the PuraVida Services for any illegal purposes, including, but not limited to, fraud and money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, the unlawful purchase or sale of tobacco, firearms, prescription drugs, other controlled substances, or other products prohibited by law. PuraVida will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
B) use the PuraVida Services to abuse, exploit, or circumvent the usage restrictions imposed by a merchant on the services it provides or to obtain goods or services without paying the amount due partially or in full;
C) breach these Terms, the Cardholder Terms (as applicable), or any other agreement or policy that you have agreed with PuraVida or the bank;
D) create more than one PuraVida account without our prior written consent;
E) use the PuraVida Services to violate any law, statute, ordinance, or regulation;
F) use the PuraVida Services for any illegal purposes, including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
G) use the PuraVida Services to conduct activities pertaining to adult entertainment/pornography, auction houses, charities, chemicals and allied products, dating and escort services, binary options, legal services, political or religious organizations, video game arcades or establishments, and businesses claiming to trade in prime bank guarantees, debentures, letters of credit, or medium-term notes;
H) infringe or misappropriate PuraVida’s or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy;
I) act in a manner that is defamatory, libelous, threatening, or harassing when using the PuraVida Services; J) provide us with false, inaccurate, or misleading information;
K) use the PuraVida Services to engage in debt-collection activities;
L) instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
M) attempt to intentionally or knowingly receive or attempt to receive funds from both PuraVida and a merchant for the same PuraVida transaction;
N) control a PuraVida account that is linked to another PuraVida account that has engaged in any of the restrictions in this Section 11;
O) conduct your business or use the PuraVida 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 PuraVida, other Users, third parties, or you;
P) provide yourself with a cash advance from your credit card (or help others to do so);
Q) 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 PuraVida Services;
R) take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
T) use the PuraVida Services to test credit card behaviors;
S) circumvent any PuraVida policy or determination about your PuraVida funds account, including, but not limited to, attempting to create a new or additional PuraVida account when a PuraVida funds account has a negative balance or has been restricted, suspended, or otherwise limited; creating new or additional PuraVida funds accounts using information that is not your own (e.g., name, address, email address, etc.); or using someone else’s PuraVida funds account; or using someone else’s PuraVida Funds Account; using someone else’s PuraVida Funds Account;
U) harass our employees, agents, or other users;
V) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
W) use the PuraVida 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;
X) use the PuraVida Services to trade FX for speculative purposes or for FX arbitrage;
Y) refuse or fail to provide further information about you or your business activities that we may reasonably request;
Z) conduct your business or use the PuraVida Services in a manner that leads us to receive a disproportionate number of claims or chargebacks;
AA) have a credit score provided by a third-party provider of PuraVida’s choosing that indicates a higher level of risk associated with your use of the Services; orBB) reveal your mobile PIN or card PIN to anyone or use anyone else’s PuraVida Services or PuraVida Card.
BB) reveal your Mobile PIN or Card PIN to anyone or use anyone else’s PuraVida Services or PuraVida Card.
10.2 You must ensure that you only enter into banking transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via a PuraVida transaction is not an indication of the legality of the supply or provision of the goods and services.
10.3 The bank reserves the right to refuse to perform a PuraVida transaction directly or indirectly associated with any restricted country.
10.4 If PuraVida, in its sole discretion, believes that you may have breached the provision of this Section, we may take action to protect ourselves, other users, and third parties. The action we may take includes, but is not limited to:
A) closing, suspending, or limiting your access to any or all of the PuraVida Services.
B) contacting other users who have transacted with you; contacting your bank or credit card issuer; and/or warning other users, law enforcement, or impacted third parties of your actions;
C) updating inaccurate information you have provided to us;
D) taking legal action against you;
E) terminating these terms; and/or
F) blocking your access to your PuraVida funds account and/or PuraVida Dashboard, temporarily or permanently.
10.5 Where possible, PuraVida will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law, including avoiding disclosing protected third-party information or interfering in the course of an investigation.
11. REFUNDS & CHARGEBACKS
Refunds and Chargebacks at Refunds PuraVida Technologies, through Nymcard, will credit the account with the amount of any refund only upon settlement of a properly issued credit from the merchant via MasterCard and/or VISA. Subject to any rights vested in the account holder by applicable law, no claim by an account holder against a third-party may be the subject of a defense or counterclaim against PuraVida Technologies (Nymcard) and or CO-BRANDER.
12. DISPUTED TRANSACTIONS & CHARGEBACKS
a. In the event that the account holder disputes a transaction, such a dispute must be lodged with customer services immediately.
b. On receiving notification of a disputed transaction, Nymcard will process the dispute in accordance with the standard dispute resolution and chargeback process rules (the “Dispute Resolution Rules”).
c. The account holder agrees and accepts that the provisions of the dispute resolution rules shall be binding upon him and that any relevant account service charges listed in the account service charges schedule may be deducted from the account prior to the processing of such a dispute. d. The account holder agrees and accepts that the disputed transaction amount and a refund of any relevant account service charges will be credited to the account only in the event that the dispute resolution process culminates in a decision in favor of the account holder. For the avoidance of doubt, it is clarified that the account shall not be credited during the dispute resolution process.
13. AUTHORIZATION OF PuraVida TECHNOLOGIES THROUGH (Nymcard)
By using the account services, the account holder authorizes PuraVida Technologies through Nymcard and CO-BRANDER. Deduct the value of transactions from the balance of the account, not withstanding that such transactions may exceed the amount loaded on the account. Deduct all applicable account service charges from the account as and when such charges accrue or arise. Perform currency conversions when transactions are made in a different currency than the billing currency and debit the account.
14. SUSPENDING USE OF The PuraVida SERVICES
We reserve the right to change, suspend, or discontinue any aspect of the PuraVida Services at any time, including the hours of operation or availability of the PuraVida Services or any PuraVida Services feature, without notice or liability.
15. OUR LIABILITY WITH RESPECT TO THE MOBILE APP AND THE BILLING CARD
15.1 You represent, warrant, and covenant that you are an individual acting solely on your own behalf and are acting for a purpose other than a trade, business, or profession.
15.2 You will be liable for all losses incurred in respect of PuraVida transactions and PuraVida card purchases that were not authorized by you if you have acted fraudulently, have intentionally or with gross negligence failed to comply with the obligations set out in Section 10 (Security), or if you have not notified us on time in accordance with these Terms.
16. WITHDRAWING FUNDS AND CLOSING YOUR ACCOUNT
You may close your account and withdraw funds from your PuraVida funds account in accordance with the Cardholder Terms.
17. NOTICE AND COMMUNICATIONS
17.1 You agree and consent to electronic receipt of all communications that we provide in connection with the PuraVida Services. We will provide communications to you by making them available on the PuraVida Dashboard or by emailing them to you at the primary email address listed in your PuraVida account profile.
17.2 It is your responsibility to ensure that you regularly log onto the PuraVida Dashboard, review the PuraVida Dashboard, the Website, and your primary email address, and open and review communications that we deliver to you through those means.
17.3 We may contact you from time to time to notify you of changes or information regarding your PuraVida account. It is your responsibility to ensure you regularly check the PuraVida Dashboard and that your contact information stored on your profile in the PuraVida Dashboard is up-to-date. You may contact us in accordance with these terms via the chat function on the PuraVida Dashboard.
18. DATA AND PRIVACY
18.1 The collection, use, processing, and sharing of your data is governed by our Privacy Policy.
18.2 By providing PuraVida with a telephone number (including a mobile telephone number), you agree to receive autodialed and pre-recorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at PuraVida account opening, adding a telephone number to your profile on your PuraVida Dashboard at a later time, providing it to one of our employees, or contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number for service-related matters.
18.3 You understand and agree that PuraVida 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 PuraVida or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with PuraVida may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by PuraVida, and PuraVida does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
19. INTELLECTUAL PROPERTY
19.1 The PuraVida Services and all intellectual property rights contained therein, including but not limited to any content, are owned or licensed by us. Intellectual property rights means rights such as copyright, trademarks, trade secrets, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind, whether or not they are registered or unregistered (anywhere in the world). In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PuraVida. You may not copy, imitate, or use them without our prior written consent.
19.2 We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
19.3 Nothing in these Terms grants you any legal rights in the PuraVida Services, other than as necessary to enable you to access the PuraVida Dashboard. You agree not to adjust, try to circumvent, or delete any notices contained on the PuraVida Services (including any intellectual property notices), and in particular any digital rights or other security embedded in or contained within the PuraVida Services.
20. AMENDMENTS TO THESE TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the PuraVida Services thereafter. Your continued use of the PuraVida Services following the posting of revised terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless PuraVida, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the PuraVida Services, including, but not limited to, any use of the PuraVida Services’ content, services, and products other than as expressly authorized in these terms, or your use of any information obtained from the PuraVida Services.
22. NO WARRANTY
YOUR USE OF The PuraVida SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH The PuraVida SERVICES IS AT YOUR OWN RISK. The PuraVida SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH The PuraVida SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PuraVida NOR ANY PERSON ASSOCIATED WITH PuraVida MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF The PuraVida SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER PuraVida NOR ANYONE ASSOCIATED WITH PuraVida REPRESENTS OR WARRANTS THAT The PuraVida SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH The PuraVida SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT The PuraVida SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH The PuraVida SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.PuraVida DOES NOT HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES THAT ARE PAID FOR USING The PuraVida SERVICES. PuraVida IS NOT RESPONSIBLE FOR THE QUALITY, PERFORMANCE, OR ANY CONSEQUENTIAL RESULTS OF THE PRODUCTS AND/OR SERVICES PURCHASED USING The PuraVida SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, PuraVida HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. LIMITATIONS OF LIABILITY
23.1 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PuraVida, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, The PuraVida SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON The PuraVida SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. PuraVida’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS AND IN CONNECTION WITH YOUR USE OF The PuraVida SERVICES ARE LIMITED TO $100.
23.2 We shall not be liable to you for any delay or failure to perform our obligations under these terms (including any delay in payment) by reason of any cause beyond our reasonable control, including but not limited to any action or inaction by you or any third-party, any Force Majeure Event, bank delay, postal delay, act of government, failure or delay of any fax or electronic transmission, any cyber event, any accident, emergency, act of god, or any abnormal or unforeseeable circumstances, or any other events or circumstances not within our reasonable control, whether similar or dissimilar to any of the foregoing, whether similar or dissimilar to any of the foregoing.
23.3 You are responsible for all liabilities, financial or otherwise, incurred by PuraVida, a PuraVida user, or a third-party caused by or arising out of your breach of these terms, your use of the PuraVida Services, or any use of your PuraVida account. You agree to reimburse PuraVida, a PuraVida user, or a third-party for any and all such liability, to the extent not prohibited by applicable law.
23.4 You remain liable under these terms in respect of all charges and other amounts incurred through the use of your PuraVida account at any time, irrespective of termination, suspension, or closure.
23.5 You alone are responsible for understanding and complying with any and all laws, rules, and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the PuraVida Services, including but not limited to those related to export or import activity, taxes, or foreign currency transactions. You are liable to the state and other subjects for the fulfillment of all tax obligations independently. PuraVida shall not be responsible for the execution of tax obligations or the calculation and transfer of taxes applied to you.
23.6 THIS SECTION 21 DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. TERM AND TERMINATION
24.1 These terms commence on the day that PuraVida confirms to you via the PuraVida Services that your PuraVida account has been approved and continues until terminated in accordance with Section 18 (Amendments to these terms) and/or this Section 22 (Term and Termination).
24.2 These terms will automatically terminate in the event that your cardholder terms expire or terminate.
24.3 You may terminate these terms at any time by providing us with one month’s notice; such notice should be provided using the chat function on the PuraVida Dashboard.
24.4 PuraVida, in its sole discretion, may terminate these terms at any time by giving you notice. The termination of these terms will not affect any of our rights or your obligations arising under these terms.
24.5 Without prejudice to any rights that have accrued under these terms or any of the parties’ rights or remedies, we may at any time terminate these terms with immediate effect by giving written notice to you if:
A) We are unable to verify your information in the manner set out in these terms;
B) You die;
C) We have reason to believe that your use of the PuraVida Services: damages, corrupts, degrades, destroys, and/or otherwise adversely affects the PuraVida Services or any other software, firmware, hardware, data, systems, or networks accessed or used by you;
D) there is a significant fluctuation (either positive or negative) in the aggregate number of PuraVida transactions you enter into;
E) you have acted or omitted to act in any way that we reasonably determine to diminish PuraVida’s business operations, reputation, or goodwill, or that we reasonably determine or suspect will give rise to any offense or any increased risk or liability to us; and/or
F) We are unable to provide the PuraVida Services to you due to the inability of any third-party to provide us with any goods and/or services that we require to provide the PuraVida Services to you.
24.6 If you have breached the terms of these Terms (including a breach of your obligation to pay us any amount owing), we are otherwise entitled to terminate these Terms, or we may: suspend your use of the PuraVida Services (in whole or in part), in which case we will not treat any order for a PuraVida transaction that you may wish to make as being received by us; report any PuraVida transaction or any other relevant information about you and your use of the PuraVida Services to the relevant regulatory authority, law enforcement agency, and/or government department; and/or if appropriate, seek damages from you.
24.7 Termination of these terms requires the closing of your PuraVida funds account in accordance with the Cardholder Terms and the termination of all PuraVida Cards and the associated Cardholder Terms (as applicable). PuraVida will deal with your remaining balance in accordance with these Terms and the Cardholder Terms (as applicable).
24.8 Any terms that, by their nature, will survive the termination of these Terms.
25. GOVERNING LAW AND JURISDICTION
All matters relating to the PuraVida Services and these terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to these terms or the PuraVida Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
26. REQUESTING INFORMATION AND CUSTOMER SUPPORT
26.1 You may request, at any time during the term of these terms, a copy of these terms.
26.2 We take all complaints seriously. Any complaints about us or the services we provide should be addressed to the chat function on the PuraVida Dashboard. You should clearly indicate that you wish to make a complaint to us. This helps us distinguish a complaint from a mere query. Our complaints procedure (available on our website) sets out the process for submitting and resolving any complaints. You may request a copy of our complaints procedure at any time by contacting customer service via the chat function on the PuraVida Dashboard.
27 MISCELLANEOUS
27.1 In order to use other functions of the PuraVida Services, you may be requested to accept other terms and conditions, either with PuraVida or with a third-party.
27.2 To be eligible to use the PuraVida Services, you must: (A) pass our regulatory due diligence checks; (B) not be in breach of these terms; and (C) not have had any previous PuraVida account closed by us.
27.3 These terms do not intend to confer any benefit on any third-party, and no third-party shall have the right to enforce these terms or any PuraVida transactions.
27.4 It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your PuraVida transactions or for collecting, reporting, or remitting any taxes arising from any PuraVida Transactions. You hereby agree to comply with any and all applicable tax laws in connection with your use of the PuraVida Services, including, without limitation, the reporting and payment of any taxes arising in connection with PuraVida transactions made through the PuraVida Services.
27.5 If we fail to assert any of our rights under the terms or applicable laws, it shall not be deemed to constitute a waiver of such right, and our failure to assert any of our rights in one instance does not mean we cannot assert such right in any other instance.
27.6 You may not transfer, delegate, assign, or sell any rights or obligations you have under these Terms. PuraVida reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time. Any transfer, delegation, or assignment in violation of this Section 25.6 is null and void.
27.7 We may comply with any subpoena, levy, or other legal process that we believe to be valid. We may notify you of such a process electronically, by phone, or in writing.
27.8 PuraVida reserves the right, but shall have no responsibility, to edit, modify, refuse to post, or remove any provider content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent, or otherwise in violation of these terms.
27.9 Unless stated otherwise in these terms, if any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
27.10 We do not provide advice or contract on an execution-only basis. We may provide information to you from time to time, for example via the PuraVida Dashboard or the website, but we will not and do not provide advice to you either upon the merits of a proposed transaction or upon any other matter. Before entering into any PuraVida transaction, you must make your own independent assessment as to whether it is appropriate to enter into a PuraVida transaction based upon your own judgment and upon such advice from such advisers as you consider necessary. It is an express term of every banking transaction that you enter into with us that you are not relying upon any communication (written or oral) made by us as constituting advice about or a recommendation to enter into such PuraVida transaction.
27.11 Section, schedule, and paragraph headings are for convenience and shall not affect the interpretation of these terms.
27.12 “Person” includes a natural person, a corporate or unincorporated body (whether or not having a separate legal personality),
27.13 The schedules form part of these terms and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the schedules.
27.14 A reference to a company shall include any company, corporation, or other body corporate, wherever and however incorporated or established.
27.15 Unless the context otherwise requires, words in the singular shall include the plural, and words in the plural shall include the singular.
27.16 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
27.17 These terms shall be binding on and ensure to the benefit of the parties to these terms and their respective personal representatives, successors, and permitted assigns, and references to any party shall include that party’s personal representatives, successors, and permitted assigns.
27.18 A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time.
27.19 A reference to writing includes email and the chat function on the PuraVida Dashboard.
27.20 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
27.21 These terms shall be concluded and interpreted in the English language. If these terms are translated into another language, it is for reference purposes only. All communications between the parties shall be in the English language.
27.22 A reference to these terms or to any other agreement or document referred to in these Terms is a reference to these Terms or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these Terms) from time to time.
27.23 References to sections and schedules are to the sections and schedules of these terms, and references to paragraphs are to paragraphs of the relevant schedule.
27.24 Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
27.25 Supplements to these terms are an integral part of these terms, under which you and PuraVida agree on the usage of specific services as defined in the Supplements.
27.26 The definitions set out in schedule 1 apply to these terms.
SCHEDULE 1 — DEFINITIONS
“Card PIN” means a personal identification number that is associated with your PuraVida Card and allows you to enter into PuraVida card transactions.
“Cardholder Terms” means the terms and conditions between you and the bank relating to the issuance to you and the use by you of the PuraVida card.
“Communications” means information provided relating to your PuraVida account or any PuraVida transaction, including: any agreements and policies you agree to (e.g., these terms) including updates to these agreements or policies; disclosures and notices, including prospectuses and reports for transaction receipts or confirmations; PuraVida account statements and history; and payment authorizations and transaction receipts or confirmations; documents; and any other information related to your PuraVida account or the PuraVida Services.
“Counterparty” means the person you wish to send funds or money to.
“Counterparty Bank Account” means the bank account of the counter party.
“Funds” means electronically stored value represented by a claim against PuraVida.
“Force Majeure Event” means an event which is beyond the reasonable control of an affected party, including without limitation any market disruption, acts or restraints of government(s) or public authorities, war, revolution, strikes or other industrial action, fire, flood, natural disaster, explosion, terrorist action, the suspension or limitation of trading by any execution venue, or any breakdown, failure, defective performance, or malfunction of any telecommunications settlement or other equipment or systems.
“PuraVida Account” means your relationship with us as described in these terms.
“PuraVida Account Profile” means your profile, accessible on The PuraVida Dashboard where you can view, among other things, your details, your price plan and your verification limits.
“Physical PuraVida Card” means the standard PuraVida Card.
“PuraVida Funds Account” means an account with Bank in which Funds are held.
“PuraVida Services” means you being given access to the Mobile App, including The PuraVida Dashboard and all other software provided through the Mobile App.
“PuraVida Transactions” means both PuraVida Dashboard Transactions and PuraVida Card Transactions.
“PuraVida Transaction History” means the list of PuraVida Transactions you have entered into, which is available on The PuraVida Dashboard.
“PuraVida User” means a user of PuraVida which is not you.
“Information” means any confidential and/or personally identifiable information or other information, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.
“Mobile Device” means your smartphone or other electronic device upon which you have downloaded The PuraVida Mobile App.
“Mobile App” means the mobile application accessible through your Mobile Device where you can obtain access to your PuraVida Dashboard.
“Mobile PIN” means your personal identification number which is entered onto The PuraVida Mobile App to gain access to The PuraVida Dashboard.
“Monetary Exchange” is not a service in its own right but will be part of a PuraVida Bank Transfer, an ATM Withdrawal or a PuraVida Card Purchase and means redeeming Funds in your PuraVida Funds Account and using it to purchase money in a different currency using the exchange rates as further described in the Cardholder Agreement;
“Physical PuraVida Card” means both the Standard PuraVida Card and the Premium PuraVida Card.
“Privacy Policy” means out privacy policy which can be found at https://PuraVida.webflow.io/privacy-policy
“Restricted Countries” means those countries that do not appear on the PuraVida Dashboard.
“Standard User” means an individual with a PuraVida Account who is not a Premium User.
“Standard PuraVida Card” means the tangible plastic card issued to Standard Users, which allows Standard Users to enter into ATM withdrawals and PuraVida Card purchases.
“Stored Card” means the credit card, debit card, or other payment card, which you register for use on The PuraVida Dashboard and which will be used by PuraVida to receive funds against which we will issue funds to your PuraVida funds account or for other purposes under these terms.
“Supplement(s)” means an agreement between PuraVida and you for the provision of separate services by PuraVida or one of its partners to you, which will be set out on the website.
“User”, “you,” or “your” means you, the business that has agreed to these terms to use the PuraVida Services.
“User Bank Account” means a bank account that belongs to you.
“Virtual PuraVida Cards” means the virtual, non-tangible cards that allow you to enter into PuraVida Card Purchases.
“Website” means our general website, the web address of which is joinpuravida.com.
“Website Acceptable Use Policy” means the website acceptable usage policy, which can be found on our website.
“Website Terms” means the terms and conditions regarding the use of our website, which can be found on our website. Last updated: September 18, 2021 at 2:00 p.m. Our website address ishttps://joinpuravida.com