Cardholder Terms and Conditions

1.2 App Store means the digital store operated by Apple (Apple App Store) or Google (Google Play Store) from which the Application may be downloaded.

1.3 Available Balance means the value of funds available for the Cardholder.

1.4 Cardholder means you, an individual authorized to use the Card provided to you by the Program Operator.

1.5 Card Scheme means Mastercard or such other payment network through which Card Transactions are processed as may be made available from time to time.

1.6 Card Transaction means the use of the Card for transactions, including but not limited to making a payment to a Merchant or receiving a refund.

1.7 Information means any personal information in relation to the Cardholder.

1.8 Merchant means a merchant authorized to accept Card Scheme-branded Cards.

1.9 Card means a virtual card-based payment instrument using the Card Scheme network which may be used to make Card Transactions through the Application or a supported Digital Wallet.

1.10 Nayax Israel means Nayax Israel Ltd., a company registered in Israel with number 513558726, whose registered office is at 3 Arik Einstein St., Herzliya, 4659071, Israel, regulated by the Capital Market Authority.

1.11 The Application means the application that hosts the Card.

1.12 One-Time Passcode means the six-digit code required to authenticate certain actions within the Application.

1.13 PIN means the Personal Identification Number issued to Cardholders to enable Card Transactions.

1.14 Promotional Balance means a restricted balance issued by the Program Operator for promotional purposes, including at conferences or events, as detailed in Section 12.

1.15 we, us, our or Program Operator means the entity responsible for the Account that has an agreement with Nayax Israel for the provision of the Account and Cards.

1.16 you, your means the Cardholder.

2. ABOUT US AND THESE TERMS AND CONDITIONS

2.1 These Terms apply to the use of the Card and any related services. By using the Card you agree to these Terms.

2.2 The Card is issued by Nayax Israel Ltd., a principal member of Mastercard.

2.3 Technology and systems required to operate the Card are provided by Nayax Israel Ltd. and Nayax Limited.

3. USE WITH APPLE PAY AND GOOGLE PAY

3.1 You may download the Application from either the Apple App Store or Google Play Store. Your use of the store is subject to the relevant store provider’s terms.

3.2 You may add the Card to Apple Pay or Google Pay in accordance with the terms and conditions of Apple or Google.

3.3 Apple Pay is provided by Apple and is subject to Apple’s privacy, security and usage terms.

3.4 Google Pay is provided by Google and is subject to Google’s privacy, security and usage terms.

4. CARDHOLDER OBLIGATIONS

4.1 You must not allow any other person to use your Card or PIN (if provided), and you must always keep them safe. You must follow any instructions that are given to you in connection with the use and safe-keeping of the Card and PIN

4.2 You must memorize the PIN (if provided). You must keep your PIN secret.

4.3 You should not write down your PIN or store your PIN on any durable medium. 

4.4 In the event of loss, theft or possible misuse of the Card or your mobile device, you must give us, the Program Operator or our agents, or Nayax Israel any information or help asked for and provide any assistance in recovering the Card (where relevant).  Your information may be passed on to relevant third parties, including the police.

4.5 If you have told us that your Card or your mobile device has been lost a block will be placed on the Card. In the event it is subsequently found, your Card will be unblocked or a new card will be issued for you. 

4.6 If you have told us that the Card has been compromised or your mobile device has been compromised so your Card has been compromised, and the Card is then cancelled, and the Card or your mobile device is subsequently found, it must not be used. 

used. 

4.7 The Program Operator shall be liable for all Card Transactions and any charges in relation to Card Transactions to PayPilot excluding any transactions made using expired or forfeited Promotional Balance.

4.8 The Program Operator shall be liable for payment of all reasonable costs and expenses incurred be us:

(a) as a result of any breach by the Cardholder of these Terms and Conditions, as amended from time to time; and

4.9 All expenses, costs and charges referred to in these Terms and Conditions, as amended from time to time, shall be debited to the Account.

4.10  The Card or PIN must not be used for any illegal purpose or outside the period shown on the Card or if the Card has been cancelled or suspended. 

5. PRIVACY

5.1 Some personal data will be necessary for us to provide you with the Card and services under these Terms and Conditions. Nayax Israel is a Data Controller and shall only use your personal data for this purpose. Please see the Privacy Policy (and contact the Program Operator for details of where to access this) for full details on the personal data held, used and how it is kept safe.

5.2 You must update any changes to your Information by following the processes set out by the Program Operator 

5.3 If we discover that the Information we hold about you is incorrect, your Card may be suspended or cancelled until the correct Information can be established, in order to protect all parties.

6. VARIATION 

6.1 These Terms and Conditions may be changed by providing you with at least two months prior notice by e-mail (provided you have supplied us with an up-to-date e-mail address).

6.2 If you do not agree with the changes to the Terms and Conditions, you may at any time within the two months notice period notify us and these Terms and Conditions will be terminated and your Card will be cancelled. If you do not notify us to the contrary during this period then you will be deemed to have accepted the change and it will apply to you when it comes into force. 

6.3 If any part of these Terms and Conditions are inconsistent with any legal requirements then we will not rely on that part but treat it as if it did actually reflect the relevant legal requirement. If we or Nayax Israel need to make operational changes before we or Nayax Israel can fully comply with any new regulatory requirement, we will make those changes as soon as reasonably practical.

7. TERMINATION 

7.1 These Terms and Conditions can be terminated at any time on giving you one months notice; or

7.2 Access to your card can be suspended or terminated at any time with immediate effect (and until your default has been remedied or these Terms and Conditions terminated) without any prior notice to you if:

7.2.1 the Account is closed for whatever reason;

7.2.2  it is discovered that any of the Information held for you is false, misleading or materially incorrect; or

7.2.3 if you, or a third party has engaged in fraudulent activity, money laundering, terrorism financing or other illegal activity in connection with the Card or have reasonable suspicion of the same; or

7.2.4 you have breached these Terms and Conditions, or any other related agreement; or 

7.2.5 it is required under any applicable law or regulation or at the direction of any regulatory, law enforcement or other competent authority.

7.3 In the event that your Card is suspended or terminated then, if able to do so, you will be told in advance, otherwise you will be notified immediately afterwards (to the extent permitted by law). 

7.4 After these Terms and Conditions come to an end, any pending amount of Card Transactions from the Account will be continued to be deducted from your Account. 

Once your Card has been cancelled or terminated, you will no longer be able to use the Card.

8. LIABILITY 

8.1 Our liability and the liability of, Nayax Israel, including its subsidiaries and affiliates, in connection with these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

8.1.1 neither we, Nayax Israel, nor our agents shall be liable for any default resulting directly or indirectly from any cause beyond our control or that of Nayax Israel our agents, including but not limited to, a lack of funds;

8.1.2 neither we , Nayax Israel, nor our agents shall be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;

8.1.3 where sums are incorrectly deducted from your Available Balance due to our default, our liability and that of , Nayax Israel,  or our agents shall be limited to payment to you of an equivalent amount to that which was incorrectly deducted from your Available Balance;

8.1.4 in all other circumstances of our default, our liability and that of , Nayax Israel, or our agents jointly will be limited to transferring any Available Balance to your nominated bank account.

8.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if your support is required to enable the recovery of the incorrect deduction, you agree to provide us, Nayax Israel, and our agents with all assistance that is reasonably required.

8.3 Nothing in these Terms and Conditions shall exclude or limit our liability and that of Nayax Israel, or our agents for death or personal injury resulting from our negligence or fraud.

8.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

8.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.

9. RESTRICTED USE

You must not:

9.1 modify, disrupt or reverse engineer the Application;

9.2 bypass security measures;

9.3 use the Application illegally or in violation of rights or privacy;

9.4 engage in offensive, unethical or harmful behavior;

9.5 use the Application in a way detrimental to Nayax Israel.

10. GENERAL

10.1 Any delay or failure to exercise any right or remedy under these Terms and Conditions by us, or where relevant Nayax Israel, shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

10.2 If any provision of these Terms and Conditions is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

10.3 You may not assign or transfer any of your rights and/or benefits under these Terms and Conditions and you shall be the sole party to the contract between us. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under these Terms and Conditions.

10.4 No third party who is not a party to these Terms and Conditions has a right to enforce any of the provisions in these Terms and Conditions and the Contracts (Rights of Third Parties) Act 1999 shall not apply.

10.5 These Terms and Conditions are governed by the laws of the State of Israel and you agree to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa.

11. INFORMATION 

If you have any questions in relation to your Card, or require a copy of these Terms and Conditions, please contact your Program Operator.

12. PROMOTIONAL AND EVENT BALANCE

12.1 Promotional Balance Types Certain Cards may be issued with promotional balance (“Promotional Balance”) for use at specific conferences, events, or as part of prospect demonstrations. Such Promotional Balance shall be clearly identified as promotional when issued.

12.2 Usage Restrictions Promotional Balance: (a) may only be used at designated events, conferences, or venues as specified at the time of issuance; (b) must be used within the event period or specified timeframe communicated to the Cardholder; (c) cannot be combined with personal funds or topped-up with additional balance; (d) is non-transferable and cannot be moved to another Card or Account.

12.3 Expiration (a) Promotional Balance will automatically expire at the end of the designated event or on the expiration date specified at issuance, whichever is earlier. (b) Upon expiration, any unused Promotional Balance will be automatically forfeited and removed from the Available Balance without notice. (c) Expired Promotional Balance cannot be reinstated, refunded, or recovered under any circumstances.

12.4 No Top-Up or Reloading Cards issued with Promotional Balance cannot be topped-up or reloaded with additional funds, whether by the Cardholder, the Programme Operator, or any third party. Such Cards are intended for single-use promotional purposes only.

12.5 No Claims or Refunds (a) The Cardholder acknowledges and agrees that Promotional Balance has no cash value and cannot be redeemed for cash. (b) No claims, refunds, chargebacks, or compensation of any kind will be entertained for unused, expired, or forfeited Promotional Balance. (c) The Cardholder waives any and all rights to make claims against the Programme Operator, Nayax Israel Ltd., or any affiliated parties in relation to Promotional Balance.

12.6 Venue and Transaction Limitations The Programme Operator may impose additional restrictions on Promotional Balance including, but not limited to: (a) limiting transactions to specific Merchants or venues; (b) restricting the types of goods or services that may be purchased; (c) setting maximum transaction amounts or frequency limits.

12.7 Suspension and Cancellation The Programme Operator reserves the right to suspend or cancel Cards with Promotional Balance immediately and without notice if: (a) the Promotional Balance is used outside the designated event or venue; (b) the Cardholder attempts to top-up or transfer the Promotional Balance; (c) the Cardholder violates any usage restrictions set out in this Section 12; or (d) fraudulent or unauthorized use is suspected.

12.8 Relationship to Other Terms In the event of any conflict between this Section 12 and other provisions of these Terms and Conditions, the provisions of Section 12 shall prevail with respect to Promotional Balance.