GMT Pay Terms of Use and Conditions

GMT PAY

TERMS OF USE AND CONDITIONS

Card Issuer: Bano Pty Ltd (Bano)

These terms and conditions (Terms) apply to each Card that we, Normie AU Pty Ltd or GMT Pay (referred to as we and our and us), arrange for you (referred to as Customer and you) on behalf of the Card Issuer Bano. By accepting and attempting to use the Card, you agree to be bound by these Terms, our Privacy Policy and by the terms of the Card Issuer, to the extent they are applicable to a Prepaid Card, available Bano Super App.

By purchasing, activating, using or attempting to use a Card, or by making a transaction enquiry or exercising any right to redeem value loaded on a Card, you warrant that you will comply with these terms and all applicable laws and that the Card will not be used in any manner that is unlawful, misleading, deceptive, unfair or otherwise harmful to consumers.

Please read these Terms carefully, as well as our Privacy Policy, before proceeding, as they set out the contractual basis for any transactions occurring on GMT Pay. GMT Pay is Web3 payment platform accessible via the website (www.fsl.com/gmtpay) or via the app GMT Pay App (collectively GMT Pay).

By continuing to use GMT Pay, you are acknowledging that you have read and agree to the Terms, as well as to the Privacy Policy, when purchasing or using services and products from GMT Pay.

IF YOU DO NOT AGREE WITH THESE TERMS AND THE PRIVACY POLICY, YOU ARE NOT ALLOWED TO CONTINUE USING GMT PAY AND WE ASK YOU TO REFRAIN FROM DOING SO.

1. THE GMT PAY GROUP

These Terms are agreed between you and the following counterparties when using GMT Pay:

  • BANO PTY LTD.

  • NORMIE AU PTY LTD.

All of these companies, together with any other parent companies, subsidiaries or affiliates, are referred to herein as the GMT Pay Group.

You can contact the GMT Pay Group directly by email to [email protected]. For any legal notices that must be sent by post, please address them to 'GATEWAY' L 36 SE 20 , 1 Macquarie Place, Sydney NSW 2000.

2. THE PREPAID CARD

GMT Pay is a Web3 payment platform that provides the sale of open-loop Prepaid Cards (Product, Products, or Card), of fixed amounts, that can be redeemed by the Customer at multiple merchants wherever the Prepaid Card’s payment network is accepted, in exchange for services and products offered by such merchants.

Upon Card selection and payment, the Customer will receive access to the Card either on screen or by email to their email account.

GMT Pay will endeavour to keep expected timescales transparent but shall not be held responsible for delays and losses caused by the Customer or third-parties.

In case your Card does not arrive within 30 minutes of successful payment, please contact [email protected].

Your use of the Card is continuously monitored to ensure the safety and regulatory compliance of GMT Pay’s platform. Suspicious transactions will be reported to competent authorities and you may be required at any time to complete a KYC program to continue to use these services.

2.1 Card Value

At the time it is issued, your Card will show its starting balance, which will be one of the following US dollar amounts:

  • US$50;

  • US$100;

  • US$200; or

  • US$300.

Your Card cannot be reloaded or topped up with additional value.

2.2 Use and Expiry

  • Once your Card is issued, you may use it immediately. No activation is required.

  • Your Card is valid for three years from the date of its issue, which will be shown on the Card. However, your Card may expire earlier if its balance reaches zero or if it is cancelled.

2.3 Balance Enquiries

Your balance will be available to view within the GMT Pay application.

3. PAYMENT

The Card must be purchased by the Customer directly via GMT Pay using certain cryptocurrencies as advised from time to time.

These payments may be subject to fees and confirmation time, as stated in GMT Pay or in the terms and conditions of third-party providers.

If you attempt to pay directly with an unsupported cryptocurrency, or using an unsupported network, we will not be able to refund you and your cryptocurrency will be lost.

4. AVAILABILITY OF THIRD-PARTY SERVICES

The proper functioning of GMT Pay depends on its interaction with several third-party providers.

Transactions may, from time to time, fail due to technical or other reasons. Customers, therefore, acknowledge that we are not liable for a technical issue that may affect their transaction.

5. THIRD-PARTY LINKS

Certain content, products and services available via GMT Pay may include materials from third-parties. Third-party links on GMT Pay may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

6. LIMITATIONS OF USE

We implement certain purchasing thresholds in accordance with our Anti-Money Laundering Policy, depending on the Customer. All limits are presented in USD but apply to the equivalent amount in other currencies. Different limits can be implemented on a customer-by-customer basis, at our discretion.

Any Customer using more than one GMT Pay account, or any other expedient, in order to circumvent the limits below, is in breach of these Terms and can have its account, or accounts, suspended or terminated at our sole discretion. Customers must not share GMT Pay accounts.

To the extent necessary under applicable laws and regulations or our internal policies, such illegal circumvention of the use limitations may be reported to the relevant authorities, whenever it reveals, in our sole understanding, signs of suspicious activity.

Specific limitations and restrictions include but are not limited to:

  • Card must not be used for marketing, advertising or promotional purposes without our written consent.

  • Use of our name or brands, or any names and logos of Bano or GMT Pay (other than in connection with the purchase or use of the Card), and the use of any imagery provided by Bano or GMT Pay is strictly prohibited without the prior written consent of Bano or GMT Pay (as applicable).

  • There is no limit to the number of transactions for which your Card can be used.

  • You may not hold more than two active Cards at any time excluding cards with balances below US$5.

7. REFUNDS

Please note that due to the nature of the Card, the Customer does not have a cooling-off period of any kind after acquiring a Card. Once a Card is successfully purchased, no refunds or reimbursements will be offered unless in the cases where the Card delivered is invalid or had already been redeemed prior to delivery. If this is not the case, we will not issue a refund.

As outlined above in “Availability of Third-Party Services”, the purchase of Cards through GMT Pay depends on the proper functioning of third-party systems.

Therefore, from time to time, the failure of such systems may cause a transaction to fail, meaning:

  • the Customer did not receive the Card;

  • the Card was received, but cannot be redeemed on account of it having been previously redeemed; or

  • the Card was received, but cannot be redeemed on account of it not being valid.

In these cases, the Customer qualifies for a refund.

In case the Customer does not receive the Card after having paid, and appropriate diligences are taken by GMT Pay to provide for the delivery of the Card or understand the cause of the delay, the Customer may request a refund.

In case the Card was received but cannot be redeemed, the Customer shall inform us. We will then start appropriate diligences with the relevant third-party providers in order to correct the issue. Should the third-party provider fail to correct the issue and agree to refund us, we will then refund the Customer in the same cryptocurrency to the same wallet.

In case of technical error causing the Card not to be delivered to the Customer, we will refund the Customer in full with a return transaction in the same cryptocurrency to the same wallet.

In case of overpayment, a Customer may also request a refund in the amount paid in excess, deducted from any transaction fees.

In case of underpayment, a Customer may (i) pay the outstanding amount and receive the Card, or (ii) ask for a refund in the same cryptocurrency to the same wallet, deducted from any transactions fees.

In case of balances exceeding the applicable limit, a refund will be issued to a Customer upon mandatory identity verification of the account holder. Refusal to conduct verification may lead to GMT Pay freezing the account and any remaining credit until such verification is completed.

Customer verification may also be demanded in order to process exceptional refunds or in situations where GMT Pay deems it necessary for compliance reasons.

If you qualify for a refund (either because your Card is malfunctioning, or you overpaid or underpaid), you must request it within 30 days from the date of the transaction. After 30 days, the decision to issue a refund or not is made at the sole discretion of GMT Pay, subject to your rights under Australian Consumer Law.

You agree that:

  • Your Card cannot be exchanged or refunded for cash.

  • No change will be given on purchases less than full balance of the Card.

  • We will not replace lost, stolen or damaged cards.

  • You may cancel your Card at any time but, if you do, any remaining balance on the Card will be forfeited.

Please note that we do not, in any event, refund any transaction fees paid by the Customer.

We reserve the right to refuse refunds when the costs of refunding exceed the amount to be refunded. The amount of time required to process any refunds request will vary and may take some time.

We also reserve the right to ask you for further information before issuing refunds.

For the purposes of requesting a refund or any further information, the Customer shall contact [email protected].

8. PROHIBITED USES

GMT Pay and the Card shall not be used, in any way, to infringe or circumvent the applicable laws and regulations and any unlawful behaviour is absolutely forbidden on GMT Pay.

In addition to any other prohibitions as set out in these Terms, you are prohibited from using GMT Pay or the Card:

  • for any unlawful purpose;

  • to solicit others to perform or participate in any unlawful acts;

  • to violate any international, federal, provincial or State regulations, rules, laws, or local ordinances;

  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  • to submit false or misleading information;

  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of GMT Pay or of any related website, other websites, or the internet;

  • to collect or track the personal information of others;

  • to spam, phish, pharm, pretext, spider, crawl, or scrape;

  • for any obscene or immoral purpose; or

  • to interfere with or circumvent the security features of GMT Pay or any related website, other websites, or the internet.

We reserve the right to terminate your use of GMT Pay for violating any of the prohibited uses in our sole discretion, including if we reasonably suspect such a violation.

9. GENERAL

  • No fees apply to the use of the Card within Australia. Using the Card outside Australia will incur an overseas transaction processing fee of US$1 per transaction, capped at US$1 per month per card.

  • You must not resell your Card.

  • Our liability in connection with the issue and use of the Card is strictly limited to the refund or replacement of the Card (subject to your rights under the Australian Consumer Law).

  • You are solely responsible for the security and use of the Card once it has been issued to You.

  • If you give your Card to another person, you must make these terms clear to the recipient.

  • You acknowledge and agree that GMT Pay owns and manages the GMT Pay App, and website through which you access your Card.

  • You acknowledge and agree that both Bano as the Card Issuer and GMT Pay will have visibility of the transactions linked to your Card. All personal data will be managed by Bano in accordance with the Bano Privacy Policy available at banosuperapp.com and by GMT Pay in accordance with the GMT Pay Privacy Policy available at pay-privacy.fsl.com.

10. DISCLAIMERS RELATED TO THE CARD

We are a reseller of the Card. We are not the creator, designer, issuer, organizer, beneficiary or manager of the Card (the “Issuer”).

We are not sponsored by any Issuer, nor are we related, acting on behalf or under the express authorisation of any Issuer. We are not liable for any malfunction, or any infringement of applicable rules directly caused by the Issuer.

The Customer, by acquiring the Card, is also entering into a contractual relationship with the Issuer, to which we are a third-party, against which the contractual defences and rights arising from the relationship between Customer and Issuer shall not apply.

The Customer shall engage in adequate due diligence regarding the terms and conditions of the Card being acquired.

Customers acknowledge and agree that we are not liable for any decision or policy of the merchant to refuse to accept the Card.

We make no representation regarding the Card’s suitability for its intended use and make no other guarantees, warranties or representations in respect of the Card.

11. CUSTOMER RESPONSIBILITIES

The Customer is responsible for their Card, and are liable for all transactions made using their Card. By redeeming your Card, you agree that you must not engage in any conduct which is fraudulent or may be contrary to the intention of the Card program, including but not limited to:

  • the on-selling of goods to a third-party for a profit or other commercial purpose, where those goods have been purchased through the use of the Card;

  • the on-selling of the Card to a third-party for an additional mark up, regardless of whether the Card was purchased by you at full price or for a discount; or

  • use the Card to fraudulently earn reward or loyalty points through an affiliate marketing program, with the intention to gain points, profit or other benefit.

Whether you have breached any of the above terms, or any other Terms of these terms will be determined by the GMT Pay Group or Bano in its sole discretion.

The Customer is fully liable for any mistakes, losses or damages (against himself, us, or any third-party) arising from (i) the provision of incorrect, inaccurate or fake information and from (ii) the acquisition, resale, use or other related activities of the Card, in a manner that infringes any applicable laws, regulations, contractual terms and conditions or other agreements.

The Customer is solely responsible for the accuracy, validity and correctness of the information inserted on the platform (including, but not limited to, the email address to which the Card must be delivered and the amount purchased).

The Customer is responsible for maintaining the confidentiality of its password and account and for any activities and transactions that occur under its account. Each customer must have unique login credentials that may not be shared by multiple customers.

We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you suspect there has been unauthorized access to your account, contact [email protected] immediately.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of GMT Pay will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of GMT Pay will be accurate or reliable.

You agree that from time to time we may remove GMT Pay for indefinite periods of time or cancel GMT Pay at any time, without notice to you.

You expressly agree that your use of, or inability to use, GMT Pay is at your sole risk. GMT Pay and all products and services delivered to you through the GMT Pay are (except as expressly stated by us or if cannot be excluded by law) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case will we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using GMT Pay, or for any other claim related in any way to your use of GMT Pay or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of GMT Pay or any content (or product) posted, transmitted, or otherwise made available via GMT Pay, even if advised of their possibility. Because some States or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States or jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. INDEMNIFICATION

To the full extent permitted by law, you agree to indemnify us, defend and hold us harmless, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitor's fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. PENALTIES

A breach of these terms may result in any of the following consequences, including but not limited to:

  • immediate deactivation of any Card which have been purchased by you but not yet been redeemed; or

  • immediate forfeiture of any outstanding balance on the Card.

The applicable penalty will be determined by GMT Pay Group or Bano in its sole discretion.

15. PERSONAL DATA PROTECTION AND SYSTEM SECURITY

We take the privacy and protection of the personal data of our Customers very seriously.

Customers shall visit and review our Privacy Policy to know more about how we process and protect their personal data. Do not proceed with using GMT Pay if you do not agree and consent with it.

We require that Customers keep their personal data up to date. You are required to notify us without delay of any changes of your personal data.

16. INTELLECTUAL PROPERTY

We reserve all rights with respect to the design and content of GMT Pay. In particular, Customer must not misappropriate the design or content of GMT Pay and must not alter or deface such design or content in any way. Nothing on GMT Pay grants any license with respect to such design or content and any use by the Customer or a third-party must be authorized in writing by us.

All text, photos, graphics, logos, content and other materials on GMT Pay (including, but not limited to, the words “GMT Pay”, the “GMT Pay” logo and other related and ancillary elements) are protected by copyright, trademark and other applicable laws in the jurisdictions where we act. In particular, all trademarks, trade names and logos displayed on GMT Pay are our property.

GMT Pay grants no license to use any such text, photos, graphics, logos, content and other materials.

We and our affiliates will pursue all available legal remedies against any infringement of our intellectual property rights.

Excepted from the foregoing are the logos and trademarks used to signal the third-party providers to which each Card refer to. Such logos and trademarks are used to make reference to the Card and the Issuer, and in no way are we claiming, or representing, any sort of ownership, license, authorization, partnership or agreement with the owners or holders of the rights of such logos or trademarks, the Cards or the Issuers. Such logos and trademarks belong to their lawful owners and are used in GMT Pay with the sole purpose of identifying the origin or intended use of the Cards on sale.

17. CUSTOMER SERVICE

We welcome our Customer’s questions and suggestions.

We do our best to reply within the first 24 hours, but we may take longer, depending on the issue and the number of requests we are getting from time to time.

In case the Customer, for any reason needs to get in contact with us, please use the following address – [email protected].

18. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation:

  • to maintain any comments in confidence;

  • to pay compensation for any comments; or

  • to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of GMT Pay or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

19. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in GMT Pay that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in GMT Pay or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in GMT Pay or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in GMT Pay or on any related website should be taken to indicate that all information in GMT Pay or on any related website has been modified or updated.

20. MISCELLANEOUS

Eligibility

In using GMT Pay, you represent and warrant that you are not a person subject to sanctions issued by Australia, the European Union, United States or United Kingdom, nor are you located in a sanctioned territory, nor are you, by way of interacting with GMT Pay, causing GMT Pay to breach any sanctions whatsoever.

If it is illegal or prohibited in the Customer’s country of origin to access or use GMT Pay, or to buy or use any of the Cards, then the Customer shall not do so and in doing so is breaching these Terms.

Those who choose to access GMT Pay access it on their own initiative and are responsible for compliance with all local laws and regulations.

You must be at least 18 years old (or higher, if a higher age is required in your jurisdiction in order for you to be able to legally conclude a contract) to use GMT Pay services, or Cards.

Severability

If any provision (or part of a provision) of these Terms is determined to be unlawful, void or unenforceable, it will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms. Such determination will not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use GMT Pay.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate your account at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly we may deny you access to GMT Pay (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of the agreement formed by these Terms for all purposes.

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this website or in respect to GMT Pay constitutes the entire agreement and understanding between you and us and govern your use of GMT Pay, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

Governing law

These Terms and any separate agreements whereby we provide you services will be governed by and construed in accordance with the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland, Australia.

Changes to Terms

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or GMT Pay following the posting of any changes to these Terms constitutes acceptance of those changes.

Contact information

If you have any questions about our Terms, please contact us.

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