MEMBERSHIP ACCOUNTHOLDER
AGREEMENT DISCLOSURE STATEMENT
Company: DGCCommunity.com is also know as "Bullion Cash Card Incorporated" a Independent Sales Organization ("ISO") and was developed in June of 2008. "Bullion Cash Card Incorporated" is a Seychelles International Business Company. Our company has a certificate of good standing issued from the Seychelles Registrar of International Business Companies. All text and images displayed on this site are © by DGCCommunity.com "All Rights Reserved" and are not to be used without written consent. All trademarks, registered marks, images are the property of their respective owners.
This document contains the rules, regulations, and disclosures that apply to your Digital Gold Currency Community account and Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card. By accepting and using your Digital Gold Currency Community Debit Card you agree that this Cardholder Agreement Terms and Conditions Disclosure Statement shall apply to the use of your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card and account, and you agree to abide by all terms, conditions, and rules set forth herein. Any change or increase in fees will be available on the www.dgccommunity.com web site.
Scope:
In this Agreement, the words "you" and "your" each mean the Cardholder. "Authorized Service Provider" means such third party service provider that administers the card and is authorized the card processor to provide certain support and marketing services for the Card, and to receive all fees (See "Schedule of Fees and Charges Page") paid under this Agreement; "Bank" means a banking corporation duly licensed under the laws of Seychelles, Antigua, and its successors and assigns, that will issue the Card. "Cardholder" means an individual who: (i) resides in any country in the world; (ii) is at least eighteen (18) years of age (nineteen (19) years of age or older if a resident of a country or state where the age of majority is nineteen (19); and (iii) has activated and/or used the Card. "Card" shall mean the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card (as applicable) plastic electronically encoded pre paid stored value card; "Customer Service" shall mean all and any services provided to customer by Authorized Service Provider" and its successors and assigns. "Merchant" shall mean any authorized Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card merchant from whom goods and services may be purchased. Merchants are not agents or representatives of Bank and have no authority with respect to the Cards. "Registered User" means a person the Cardholder registers and authorizes to use the Card in accordance with procedures provided by Authorized Service Provider. You are liable for all charges and fees made or incurred by a Registered User "MasterCard" means Mastercard International or Latin America Caribbean and its successors and assigns. "We," "us," and "our" each means Bank, or anyone we assign our rights to.
Pre Paid Stored Value Card:
" The card is a pre-paid stored value card that can be used for Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card point of sale merchants, Mastercard/Cirrus Atm's, Internet, Mail order and Telephone shopping, and anywhere
Mastercards are accepted (subject to the terms and conditions of this agreement).
The value associated with the card is not insured by any govermental authority nor any deposit insurance institution. Value is not stored on the card itself;
instead it is stored on a host computer system for the bank.
The card allows you to access funds you place on the card. The card is not in any way connected to any deposit or other account of our institution, neither is it a
credit card or a debit card, and is not protected by United States Federal Laws covering credit or debit cards such as the the Federal Truth in Lending Act or the
Electronics Funds Transfer Act.
Interest, Dividends, earnings or returns will not be paid to you for any value loaded on the card. There is no credit card, credit line, overdraft protection,
or deposit account associated with the card.
Retaining the Card:
By activating the Card or by retaining, using or authorizing the use of the Card, (i) you represent and warrant that you are at least eighteen (18) years of age (nineteen (19) years of age if you are a resident of a country or state where the age of majority is nineteen (19)), (ii) you represent and warrant that all of the personally identifiable information provided by you is true, correct and complete, (iii) you acknowledge you have read our privacy policy statement, (iv) you accept the Card, and (v) you agree that you have read and understood this Agreement and that you will be bound by and will comply with all of its terms and conditions. If you are under age, your parent or guardian may enter into this Agreement, and you can become a Registered User of the Card.
Activation of Card:
Your use of the Card will be subject to the terms and conditions of this Agreement and any subsequent amendment(s) to this Agreement. Your card comes with a temporary PIN (Personal Identification Number) that can only be used to initially load the Card. You can load your card by making payment for credit to your card as detailed on our fees page. Before using your card, you are required to contact Authorized Service Provider on the number supplied on the back of the Card to activate your Card. When calling Customer Service, Cardholders will submit certain information that identifies the Cardholder to the satisfaction of the Bank including proof of identification and address. A fee in the amount indicated on the Schedule of Fees set forth below will be imposed when you activate your card. You are required to select a permanent PIN number upon activating the Card. We are committed to respecting your wishes regarding privacy of your personally identifiable information. Please see our privacy policy in this Agreement for further information. Cardholder is required to sign the back of the Card before it is effective.
Use and Purpose of the Debit Card:
Your Digital Gold Currency Community Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card is proprietary form of a Mastercard / Debit Card. It does not connect in any way to you or any other checking account. You may use it to: (1) withdraw cash at automated teller machines (ATM), (2) pay for purchases at places that have agreed to accept the Card (Mastercard® - POS - point of sale). You may use your Debit Card only to the extent that you have available funds. The funds will be available at any Mastercard® ATM or POS location that bears the Mastercard, Cirrus, Maestro, or other logo's as shown on the back of your card. Your current Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card balance can be obtained at participating ATMs, and Online through the Internet.
After the Card is issued and activated, you may use it to purchase goods and services anywhere Mastercards are accepted and to access cash at ATMs or financial institutions displaying the name and/or logo of Mastercard, Cirrus, Maestro, subject to the terms of this Agreement. The value available on the Card at any one time is limited to the dollar amount of prepaid funds, less any withdrawals and amounts deducted for purchases and fees. Each time you use the Card to purchase goods or services, you authorize Bank to debit the Card. The Card and your obligations under this Agreement are non-assignable and non-transferable, and the Card may only be used by the Cardholder or a Registered User.
Furthermore, you agree that you shall:
a. not use the Card on online gaming web sites or use the Card to purchase illegal goods or services;
b. promptly notify us of any loss or theft of the Card; and
c. use the Card only as instructed.
If the Card is used other than as permitted by this Agreement, to the extent permitted by law, Bank may, at its option and without waiving any of its rights, recognize the transactions and debit or credit the Card accordingly.
Recurring Transactions:
The Card is not ideal for recurring transactions. "Recurring Transactions" are transactions that are automatically charged to your Card each month with or without your knowledge. Examples of merchants that may use recurring transactions include Internet service providers, health clubs, insurance companies that automatically charge monthly premiums to the Card, "Book of the Month Club" type merchants, cable TV services and the like. Because the Card is prepaid and does not carry a credit line, these merchants may suspend or cancel your service if you don't have enough value left on the Card when that recurring transaction comes due. This could be dangerous if the recurring charge is for an essential service. If you purchased the Card to use specifically at these types of merchants, you may not be satisfied with the Card.
Services and Products Illegal for Minors:
Certain brands of prepaid products sold are designed to be used by people of all ages, excluding minors. Therefore, the Card may be accepted by certain types of merchants whose products and services are not legal for minors. Examples of such merchants include casinos, gambling web sites, pornography merchants and certain other merchants categorized as not legal for minors. If you purchased the Card to use specifically at these types of merchants, you may not be satisfied with the Card.
Open End Transactions:
There are certain types of merchants that sell goods or services where the final amount they will charge to the Card is unknown at the time they first authorize the Card. Typical merchants in this category include rental car companies, hotels, Internet service providers, certain time-based or variable cost merchants and others where the final purchase amount is not known up front. Therefore, the Card may be "authorized" or "have funds held" for more than the actual amount of the purchase until the final transaction is complete-meaning that those "authorized dollars" are not available for you to spend elsewhere. Furthermore, transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an "authorization" or a "hold" on your available balance for up to 90 days-meaning you won't have access to the authorized dollar amount of these funds during that entire time. This is done to prevent fraud by Card users who may run up a bill higher than the amount first approved. Please note that we cannot manually release legitimate authorizations without a certified letter, email, or fax from the merchant. Furthermore, should you request that we manually release a legitimate authorization, a research and/or special service fee will apply in the amount set forth on the schedule of fees attached hereto. If you purchased the Card to use specifically at these types of merchants, you may not be satisfied with the Card.
Refunds:
Any refund for goods or services purchased with the Card may only be made in the form of a credit to the Card. You are not entitled to receive the refund in cash.
Disputed Transactions:
Bank is not responsible for the delivery, quality, safety, legality or any other aspect of goods and services purchased by you with the Card. All such disputes should be addressed to the Merchants from whom the relevant goods and services were purchased.
Liability for Overdrafts:
You must have sufficient value available on the Card to pay for each transaction. You may not make purchases that in the aggregate exceed such amount per calendar day, as is provided in the Schedule of Fees and Charges annexed hereto. If a Merchant attempts to process a transaction for more than the value available on the Card, the transaction will be declined. Nonetheless, if, for any reason, a transaction is processed for more than the value on the Card, you are liable for that entire amount and agree to pay any overdraft immediately on demand. We reserve the right to automatically debit such overdrafts from any available funds present now or in the future on this Card or any other Card(s) you obtain.
Card Expiration:
The Card is good for such term as is shown on the Card from the date of first activation so long as you maintain a balance of over $25 dollars. However, if your Card has a zero balance for 60 consecutive days, then the Card will expire at the end of that 60-day period even if it is sooner than one year from the date of activation. Once the Card has expired for any reason, it cannot be renewed or reloaded and you must obtain a new Card. You may use the Card only through the expiration date. Without limiting the generality of the foregoing, if you attempt to use the Card after the expiration date, transactions will not be processed. If there is a balance remaining on the Card upon expiration, the balance will be transferred to a new Card if we choose to issue one to you. If we choose not to issue a new Card to you or if we cancel your Card privileges for any reason we will attempt to refund to you the balance remaining on the Card less all amounts owed in connection therewith (including all fees and charges described in this Agreement and the amount of any overdraft) upon expiration. A check made payable to you will be mailed to your most recent postal address as indicated in our records (we also reserve the right to refund you directly to your Liberty Reserve, Perfect Money, Global Digital Pay account from which you made payment from).
Cancellation-Suspension of Use:
Bank, in its sole and absolute discretion, may limit your use of the Card. Bank may refuse to issue a Card or may revoke the Card privileges with or without cause or notice, other than any required by applicable law. The Card at all times remains the property of the Bank and may be repossessed by Bank at any time. If you would like to cancel use of the Card, send an e-Mail to our Customer Service that you wish to cancel your Pre-Paid Card. We may also suspend use of the Card at any time and for any reason. If we decide to cancel or suspend use of the Card, we will attempt to notify you electronic mail. Upon cancellation of the Card privileges, use of the Card must be immediately discontinued. You agree not to use or attempt to use an expired, revoked or otherwise invalid Card. Bank's cancellation of Card privileges will not affect your rights and obligations pursuant to this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund of any remaining balance as provided in this Agreement. The Cardholder has the right to cancel the card and redeem same for any unused portion provided that the Bank has the right to defer the payment of the refund for a period of up to ninety days to ensure that all outstanding charges have been settled. A check made payable to you will be mailed to your most recent postal address as indicated in our records (we also reserve the right to refund you directly to your Liberty Reserve, Perfect Money, or Global Digital Pay account from which you made payment from).
Unclaimed Property:
If we have no record of transactions on the Card for several years, applicable law requires us to report the balance on the Card as unclaimed property. If this occurs, we will try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any value remaining on the Card to the appropriate regulatory authority in Seychelles, and Antigua as unclaimed property. We may deduct a Dormancy Fee, as permitted by law and described in the "Schedule of Fees and Charges".
Credit Inquiries:
You authorize the Bank and Authorized Service Provider to make or have made any credit, employment and investigative inquiries as Bank and/or Authorized Service Provider deem appropriate in connection with the activation, issuance, loading, reloading or review of the Card, whether for fraud, misuse or otherwise.
Change of Terms:
Subject to the limitations of applicable law, we may at any time change or remove any of the terms and conditions of, or add new terms or conditions to, this Agreement. The changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeopardize the security of the Card or any related payment system, notice will be provided by the user reading the updated agreement.
Change of Address:
If your mailing address changes, you must update your card profile immediately. Failure to do so may result in information regarding the Card transactions being declined at the point-of-sale. In such event, we shall not be responsible for any resulting misuse of value on the Card. Any notice given by Bank shall be deemed given to you if mailed to you at the last mail address for the Card furnished by you to the Bank or Authorized Service Provider.
Fees and Charges:
We will charge you the fees and charges set forth on the Schedule of Fees and Charges attached hereto and incorporated herein by reference on our "fees" page. All fees and charges will be deducted automatically from the Card balance at the time the fee or charge is incurred.
Business Days:
Our business days are Monday through Friday, excluding legal banking holidays.
Contact Information:
If you have questions regarding the Card, you may call Customer Service on the number on the back of the prepaid card (fee may be applied), or submit a support ticket directly to www.dgccommunity.com.
Card Information:
The current available balance on the Card and descriptions of debits and credits thereto will be available to you as soon as practicable after the settlement of each transaction. To obtain such information visit the web site or any Mastercard, Cirrus, Maestro, or call the customer service number at the back of the card. Charge may apply for balance inquires requested by telephone to the phone # on the back of the prepaid card or at a Mastercard, Cirrus, Maestro, ATM. Please see the "Schedule of Fees" and Charges set forth in this Agreement for details regarding this charge and other fees and charges associated with the Card.
Periodic Statements:
Electronic periodic statements of Card transactions will be made available on the website address provided in the Schedule attached. You will not receive any paper periodic statements or notices of any kind.
Examination of Periodic Statements:
You are responsible for keeping track of any transactions on your Card. You agree to inspect your periodic statements and to notify Authorized Service Provider or the Bank of any erroneous, improper or unauthorized transactions on the Card. If your periodic statement indicates transactions that you did not make, notify "Us" your Authorized Service Provider or the Bank immediately by Emailing Customer Service or call the telephone number provided on the back of the card. See the section entitled "Your Liability for Unauthorized Transfers" for additional information concerning your liability for unauthorized transfers.
In case of errors or questions about Card Transactions:
If you think your periodic statement is wrong or if you need more information about a transaction listed on the periodic statement, please contact the number on the back of the prepaid card as soon as you can (or contact us directly). We must hear from you no later than sixty (60) days after we made available the FIRST periodic statement on which the problem or error appeared.
When notifying them or us, you must:
i. tell us the name, address, and Card number of the Cardholder;
ii. describe the error or the transaction you are unsure about, and explain clearly why you believe it is an error or why you need more information;
iii. tell us the dollar amount and date of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit the Card within ten (10) business days for the amount you think is an error so that you will have the use of the value during the time it takes us to complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit the Card. We will tell you the results within three (3) business days after completing our investigation and we will correct any error promptly. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Right to Receive Documentation:
You have the right to request copies of documents Authorized Service Provider uses in its investigation when you notify Authorized Service Provider of an error or question about your periodic statement as described herein. Documents may be sent by us via Email.
Liability for Authorized Uers:
If you authorize another person to use the Card you agree, to the extent permitted by law, that you will be liable for all transactions arising from use of the Card by such person.
Lost or Stolen Cards:
You understand that your Card is a stored value card and is not protected by laws covering credit or debit cards. To the extent permitted by applicable law, we are not responsible for lost or stolen Cards or any unauthorized transactions made with the Card. If you believe your Card is lost or stolen call the CUSTOMER SERVICE NUMBER immediately located on the back of the Card. Telephoning them immediately is the best way to minimize your possible losses. If you fail to notify them promptly and you are grossly negligent or fraudulent in the handling of the Card, you could lose all the money on the Card. See the section entitled "Your Liability for Unauthorized Transfers" in this Agreement for additional information concerning your liability for unauthorized transfers. You also agree, to the extent permitted by law, to cooperate completely with Bank and Authorized Service Provider in either of their attempts to recover from unauthorized users and to assist in their prosecution.
Your Liability for Unauthorized Transfers:
Tell us AT ONCE if you believe the Card has been lost or stolen or that someone has transferred or may transfer money from your Card account without your permission by contacting your Authorized Service Provider at the phone number on the back of your card. Please make a note of this phone number and keep it in a place separate and safe from unauthorized use. You could lose all the value on the Card. Also, you are responsible for verifying the information on your periodic statements online. If your periodic statement shows transactions that you did not make, tell us at once. If you do not tell us within sixty (60) days after the transaction was made you may not get back any Card value if we can prove that we could have stopped someone from taking the Card value if you had told us in time.
Liability for Failure to make Transactions:
If the Bank does not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance if:
a. through no fault of ours, you do not have enough value on the Card to complete the transaction;
b. either your computer system or the host computer systems were not working properly and you knew about the problem when you started the transaction;
c. through no fault of ours, a Merchant refuses to honor the Card;
d. circumstances beyond our control (such as fire, flood, terrorist attack, national emergency or any acts of God) prevent the transaction, despite reasonable precautions that we have taken;
e. you attempt to use a Card that has not been properly activated;
f. a Merchant where the Card was either purchased or loaded did not properly transmit information to the Authorized Service Provider;
g. an ATM where you are making a cash withdrawal does not have enough cash;
h. access to your Card has been blocked after you reported your Card lost or stolen;
i. If there is a hold or your funds are subject to a legal process or other encumbrance restricting their use;
j. we have reason to believe the requested transaction was unauthorized; or
k. any other exceptions stated in this Agreement.
Foreign Exchange/Currency Conversion:
If you use the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card transactions in a currency other than U.S. Dollars, the transactions will be converted by Visa, to U.S. Dollars, generally using Visa authorized rates, in effect from time to time. You agree to accept the converted amount in U.S. Dollars.
Non-Assignability:
You may not assign or transfer this Agreement or any of your respective rights, obligations, duties, responsibilities or liabilities under this Agreement, and any attempt to the contrary shall be null and void. This Agreement shall be binding on you and your respective executors and administrators.
Void Where Prohibited:
Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited.
Waiver:
To the extent permitted by law, you waive and release Bank and Authorized Service Provider from all defenses, rights and claims you have or may have against Bank and Authorized Service Provider arising from or relating to any use of the Card.
Legal Costs:
If the Bank takes legal proceedings against you because of a default in the terms of this Agreement, you must pay our reasonable attorneys' fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum amount allowed by law.
Governing Law:
All matters, whether sounding in contract, tort or otherwise, relating to the validity, construction, interpretation or enforcement of this Agreement shall be determined by the laws of Seychelles, and Antigua.
Consent to Jurisdiction:
You consent and submit to the exclusive jurisdiction of the courts located in Seychelles, and Antigua in all controversies arising out of or in connection with your use of the Card and this Agreement.
Arbitration of Disputes:
In the event of any dispute or claim related in any way to this or the services provided, including the application of this arbitration provision, the parties agree that such dispute shall be submitted to binding arbitration conducted in accordance with the rules of procedure of the American Arbitration Association (the "AAA") by a sole arbitrator. Any arbitration shall take place in Seychelles, or Antigua and the laws of Seychelles, or Antigua shall apply.
The filing of a demand for arbitration in accordance with the Arbitration Rules will be deemed the commencement of an action for purposes of any applicable statute of limitations. There will be no class Claims - Claims by or on behalf of other persons will not be considered in or consolidated with the arbitration proceedings between you and Bank. The decision of the arbitrator will be final and subject to enforcement in a court of competent jurisdiction.
This provision in which you and Bank have agreed to arbitrate disputes will survive the termination of your relationship with Bank, whether evidenced by this Agreement or otherwise.
You acknowledge that you have read carefully this provision in which you and Bank have agreed to arbitrate disputes. You understand that this provision limits or waives certain of your rights. With respect to claims that you are agreeing to arbitrate pursuant to this provision, you understand that you are waiving your right to bring a court action. You understand that there will be no class claims in arbitration. You further understand that discovery may be more limited in arbitration than in a court proceeding, and the right and grounds to appeal from an arbitrator's award are more limited than in an appeal from a court judgment. In addition, you understand that certain other rights you have in a court proceeding also may not be available in arbitration.
Delay of Rights:
The Bank can waive or delay enforcement of any of its rights under this Agreement without losing them.
Information to Third Parties:
We will disclose personally identifiable information to third parties (including, but not limited to, your Authorized Service Provider) about the Card or the transactions you make:
a. where it is necessary for completing transactions;
b. in order to verify the existence and condition of the Card for a third party;
c. in order to comply with government agency or court orders;
d. only to the extent that the disclosures are not permitted by law;
e. to service providers who administer the Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services;
f. in order to prevent or investigate possible illegal activity; or
g. in order to issue authorizations for transactions on the Card.
Limitations on Value:
The minimum initial amount of value that can be "loaded" or added to the Card, and the maximum amount of value that may be "reloaded" or added to the Card on any calendar day or that can reside on the Card at any time is contained in the Schedule of Fees and Charges annexed hereto. Bank, in its sole discretion, may increase or decrease these limits from time to time upon notice to you.
How to load your Debit Card:
ONLINE: you can login online to www.dgccommunity.com and load funds to your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card from your Liberty Reserve, Perfect Money, or Global Digital Pay account.
PIN Confidentiality:
Do not disclose the PIN or record of the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card, or otherwise make it available to anyone else. You are responsible for the security and use of your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card and PIN. You are liable for any transactions made by a person you authorize or permit to use your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card and/or PIN. The PIN that accompanies your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card is a security feature that functions as your signature, identifying you as the proper user of the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card and authorizing any transactions that you make with the Card. Your PIN allows you to access your funds.
Amount of Transaction:
There may be additional terms and conditions imposed by the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card, Mastercard®, ATM and POS network that will apply to your use of the Debit Card beyond the scope of this Agreement.
Authorized/Unauthorized or Fraudulent Use:
The Cardholder is responsible for use of the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card and PIN. You are responsible for the full amount of all activity resulting from use of the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card by any person (including any use of the Digital Gold Currency Community by persons to whom you have made the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card or PIN available). The Cardholder is also responsible for the full amount of unauthorized activity resulting from the use of the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card. This includes fraudulent activity or theft of the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card which occurs before you provide us with actual notification that the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card has been lost or stolen, provide necessary identification information, and we have been able to "deactivate" the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card on the Mastercard and Cirrus networks.
No Responsibility for Purchased Goods/Services:
We are not responsible for any failure to supply or lack of suitability or quality of any goods or services purchased from any source using funds transfers authorized through the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card. You will settle directly between you and the merchant any dispute with respect to any such purchase and any such claim or dispute shall have no effect on the reduction to the Advance Limit carried out when the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card, Mastercard®/POS Terminal funds transfer was authorized.
Failure to Complete Transactions:
It is our intent to complete your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card transactions in a timely and efficient manner. However, circumstances beyond our control may result in our inability to complete your transaction in a timely manner (or complete your transaction period). These circumstances include, but are not limited to, the following:
a) If, through no fault of ours, you do not have enough money in your account to make a transfer;
b) If the loss is caused by misuse of your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card or PIN in any fashion;
c) The ATM where you are making a withdrawal does not have enough cash;
d) The electronic terminal where you are making a transaction does not operate properly;
e) Natural disaster, fire, flood, and/or communication, system, and/or computer failure;
f) You report your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card lost/stolen and access to your funds have been blocked by your actions and/or inaction;
g) A merchant refuses to accept your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card;
h) A hold is placed on your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card for any reason;
i) An act of government, police investigation, encumbrance, legal process, and/or court order;
j) Suspicion of fraudulent use;
k) Liberty Reserve, Perfect Money, or Global Digital Pay has blocked your account;
l) You understand that Digital Gold Currency Community is not liable in any way whatsoever for any financial or other losses you may experience, in any way, due to computer, network, software or hardware problems of any kind, whether caused by Digital Gold Currency Community or any other party.
m) You understand that delays caused by legal action against digital gold currency operators, or digital gold currencies themselves, or their associated companies, are beyond the control of Digital Gold Currency Community. Any delays or loss of funds caused by any such legal action is beyond the control of the Digital Gold Currency Community and you will not hold Digital Gold Currency Community liable.
n) Other unforeseen circumstances not specifically listed above.
Error Resolution Procedures:
In the event you notify us via support/e-mail of a suspected error, we may require you to confirm the error in writing (e-mail) within ten (10) business days after your verbal submission. It is your responsibility to confirm that we have received your written complaint within the required time period. Your failure to timely send your written confirmation, and/or initially notify us, of the suspected error will result in the loss of your claim.
If you choose, we can send you, upon request, your history in writing. We must hear from you no later than ten (10) days after the transaction in question has occurred. When contacting us please provide:
1. Your name and Digital Gold Currency Community, Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card account number.
2. Date and amount of the transaction.
3. Type of transaction and description of the error. Explain as clearly as possible why you believe it is an error and why you need more information.
4. Dollar amount of the suspected error.
5. The location and time that the transaction took place.
Periodic Information:
You are entitled to receive periodic information regarding the use of your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card. Cardholders can choose to receive a copy of the following information.
a) Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card account statements accessable online. (refer to Cardholder Service Fees schedule)
b) Amendments to this Agreement, including and without limitation to, any changes in the Cardholder Service Fees set forth therein, or any other terms and/or conditions of your use of the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card; and
c) All other disclosure notifications and information relating to the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card, as well as the terms of your use of the Card.
Arbitration and Application of Law:
Using or permitting the use of this card constitutes acceptance to arbitrate any disputes. You and we agree that any and all claims, disputes or controversies that we or our servicers or agents have against you or that you have against us or servicers, agents, directors, officers, members and employees will be resolved by binding arbitration, and not class arbitration, by and under Laws and Rules of Seychelles.
This agreement to arbitrate all disputes is an independent agreement and shall survive the closing of your membership or Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card account.
YOU AND WE WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION.
To the extent permitted by law, by the use of this card or permitting the use of this card you agree that you will not bring, join or participate in any class actions to any claim, dispute or controversy you may have against us or our agents, servicers, director, officers, members and employees. You agree to pay the cost we incur, including our court costs and attorney's fees, in seeking such relief. This agreement is not a waiver of any of your rights and remedies to pursue a claim individually or not as a class action in binding arbitration as provided above. This is an independent agreement and shall survive the closing of your membership or Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card account.
Service Charges:
The unused funds left on the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card will be reduced by the amount of the current service charges for the services that are arranged through the use of the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card. In any event, you agree to pay to all relevant service charges (including all transactions imposed by others in connection with the use of Digital Gold Currency Community, or the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card). Please see the fees disclosure for current service charges. A distribution of Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card, Mastercard®, ATM Cash advances to you, or POS Terminal funds transfers to merchants/service providers authorized by you, will not be authorized if the remaining funds left on the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card is not sufficient to cover the ATM cash advances or POS Terminal funds transfers and all applicable service fees. If a POS Terminal transaction is reversed by a merchant (including, for example, a refund for returned goods), the amount of the reversal shall be added back to the card but any Service Fees previously charged are not reversed. The service charges are subject to change from time to time by notice to the Cardholder or by posting the changes on "fees" page of www.dgccommunity.com.
Card inactivity and Deactivation:
If your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card is inactive for any 60 day period, a fee of $3.95 per month will be assessed until there are no remaining funds on your debit card. Your card will then be deactivated. This fee is in addition to the monthly fee of $3.95. Your card cannot be reactivated.
Discontinuance of Service:
If for any reason we cease to provide Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card services and as a result the Digital Gold Currency Community is deactivated while the Cardholder still has a positive balance on the card, then we will either (a) arrange for a new Debit Card by a different supplier to be issued to the Cardholder (subject to compliance with the supplier's card issuance requirements) or (b) advance a cash (e-currency) payment to the Cardholder for the remaining balance on the card (subject to receipt of identification and return of the old card).
Insured:
Cardholder acknowledges that the bank used by the card processor account NOT FDIC insured. You acknowledge and agree your balance is not a deposit, does not bear interest. You acknowledge and agree that you may only transfer or redeem the value of your balance in accordance with the terms and procedures described in this Agreement and online at www.dgccommunity.com.
Liability:
We will not be liable for any damages (including special, indirect or consequential damages) resulting from any failure, error, malfunction or inaccessibility of any Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card, Mastercard®, ATM or POS Terminal or any failure, error or delay in providing any ATM cash advances or POS Terminal funds transfers even if we knew that damage was likely or the damage was a result of our negligence or the negligence of our employees, agents or representatives.
You agree to pay for any cost to recover amounts that you owe to us. These costs include legal fees on a solicitor and his own client basis as well as those reasonable counsel fees charged by our legal and collections department. If you fail to pay all costs, we may direct funds available on the Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card to the payment of such costs.
Amendment to Agreement:
We may change the provisions of this Agreement and the service charges from time to time. You will not be notified of any changes unless you view this agreement from time to time.
Privacy Disclosure:
Confidentiality and Security of Nonpublic Personal Information:
We restrict access to nonpublic Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic and procedural safeguards to high standards and guard your nonpublic Personal Information.
Nonpublic Personal Information We Collect:
We collect nonpublic Personal Information about you from the following sources:
Information we receive from you on applications or other forms.
Information about your transactions with us, our affiliates or others.
Nonpublic Personal Information We Disclose:
We do not disclose, nor do we reserve the right to disclose any nonpublic Personal Information about our customers or former customers to anyone except to other nonaffiliated third parties as permitted by law.
Right of Association:
Digital Gold Currency Community reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
This card is our property and we may revoke your Digital Gold Currency Community membership at any time without cause or notification. You must surrender a revoked Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card and you may not use an expired or revoked card. If your Digital Gold Currency Community membership is revoked and your Mastercard® ATM Debit Card, Prepaid Mastercard®, Maestro® Card, Cirrus® Card Account reflects a balance greater than $5.00, we will issue payment of the balance to you at your request, less expenses. (certain conditions apply)
Entire Agreement:
This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter.
Section Headings:
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
Severability:
If any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
Disclaimer of Warranties:
Except as expressly otherwise provided in this agreement, we make no representations of warranties of any kind to you, wether expressed or implified, regarding the debit card, customer service functions, or any other subject matter of this agreement, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
Limited Liability:
Except as otherwise expressly required by this agreement or applicable law, we will not be liable to you for performing or failing any obligation under this agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of govermental authorities, acts of DGC's (Digital Gold Currencies), national emergencies, insurrection, war, riots, failure of DGC's, failure of merchants to honor the reference card or the physical card, failure of card processor to provide any service, failure of merchants to perform or provide services, failure of communication systems, or failures of/or difficulties with our equipment or systems. Not in limitation of the foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any internet service, any payment system, or customer service function. In the event we are held liable to you, you will only be entitled to recover your actual damages. In no event shall you be entitled to recover an indirect, consequential, exemplary, or special damages (whether in contract, tort, or otherwise), even if you have advised us of the possibility of such damages.
Force Majeur:
Digital Gold Currency Community will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to events beyond its control. The obligations of this contract precede any government enactment.