Beta Programme Terms and ConditionsVersion: 5.08.19
- 1. These terms (the "Beta Terms") apply to a Beta Programme(s) offered by Curve 1 Limited ("Curve"). The Beta Programme may contain one or more services, features or functionality ("Beta Services") as determined by Curve in its sole discretion and made available through Beta version of Curve’s App ("Beta App"). Your participation in the Beta Programme as well as use of Beta Services is governed by these Beta Terms. By accepting these Beta Terms and/or using the Beta App, you agree to be bound by the terms as set out in the Beta Terms.
- 2. These Beta Terms are in addition to the agreement with Curve and the Issuer (Wirecard Card Solutions Limited) (the "Main Terms of Service"). The Main Terms of Service apply to your use of Curve Account and Curve Cards. Unless specifically modified by these Beta Terms, the provisions of the Main Terms of Service continue in full force and effect with regard to your use of the generally available services and these Beta Services, including without limitation provisions regarding the use of your Account and Card, maintaining their security and keeping all your Security Credentials safe.
- 3. If there is any conflict between these Beta Terms and the Main Terms of Service, to the maximum extent permitted by law, these Beta Terms shall prevail in relation to the Beta Services over the Main Terms of Service but only to the extent necessary to resolve the conflict.
- 4. Unless terms are defined differently here, terms in capitals in these Beta Terms have the same meaning as they do in the Main Terms of Service.
Participation in the Beta Programme
- 5. You may participate in the Beta Programme upon request (e.g. by completing an application form) and/or by invitation from Curve, and in either case subject to approval by Curve. You may only participate in the Beta Programme if you are an existing Curve User in good standing for the generally available Curve services (including the Curve Accounts and Curve Cards subject to the Main Terms of Service) and remain so for the duration of your participation in any Curve Beta Programme. In the event you cease to be a customer of Curve and/or your agreement with Curve under the Main Terms of Service is terminated, your participation in any Beta Programme will be terminated immediately.
- 6. You can end your participation in the Beta Programme by unsubscribing from emails sent to you about the Beta Programme. Uninstalling the Beta App will not automatically terminate your agreement with us under the Main Terms of Service. You can continue to have access to your Curve Accounts and Curve Cards subject to the Main Terms of Service when you install the generally available Curve App. Your Curve Account usage information (e.g. transaction history) will continue to be available when you log in on the Curve App.
- 7. You will need to install Beta App in order to have access to any Beta Services. You acknowledge and agree that the provision of any Beta Services is at Curve’s sole discretion and that Curve makes no representations, promises or guarantees that Beta Services will be made available to you either generally or in relation to any particular Beta Programme in the future. Curve may at any time and at its sole discretion: (a) discontinue any Beta Programme or Beta Service (or any part thereof); and/or (b) modify or impose any limitations on participation in any Beta Programme or the use of the Beta Services; in each case with or without notice to you and without liability to you.
- 8. You understand and acknowledge that the Beta Services are being provided as a "Beta" version and made available on an "as is" basis. Beta Services may contain bugs, errors, and other operating issues. You acknowledge and agree that you are using the Beta Services at your own risk and that you are solely responsible for any costs or expenses associated with your use of the Beta Services including without limitation, any costs incurred in connection with accessing the internet or using your device, any costs incurred when travellling due to the Beta App not working and any damage to any equipment, software, information or data.
- 9. Curve may, but is under no obligation to, provide one or more channels for raising any issues and communicating any maintenance, technical or other support in relation to the Beta Services. In any case, Curve cannot promise or guarantee that any issues or problems will be responded to or resolved within a particular timeframe or at all.
- 10. The Beta Services are made available to you for the purposes of evaluation and feedback and without any compensation or reimbursement of any kind from Curve.
- 11. During your participation in any Beta Programme, you may be asked to provide Curve feedback about Beta Services consisting of, without limitation, your suggestions, comments or any other feedback ("Feedback"). If you provide Curve with any Feedback, you acknowledge and agree that: (a) Curve will own any Feedback provided; and (b) to the extent required, you hereby grant Curve, a perpetual, non-revocable, royalty free worldwide license to use and/or incorporate such Feedback into any Curve product or service at any time at the sole discretion of Curve.
- 12. You acknowledge and agree that any and all rights, title and interest (including, without limitation, any intellectual property rights) in the Beta Programme or Beta Services or Beta App are owned by or provided under licence to Curve. Except for the license provided below, nothing in these Beta Terms shall operate to create, license, assign, transfer or grant any rights belonging to us to you. Nothing in these Beta Terms gives you a right to use any of Curve trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- 13. Subject to your compliance at all times with these Beta Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sub licensable, revocable royalty-free licence for the duration of your participation in a Beta Programme to us the Beta App and Beta Services solely to the extent reasonably necessary for you to test the Beta Services. This license will automatically terminate when your participation in any Beta Service terminates for whatever reason and/or when you uninstall the Beta App, whichever occurs first.
- 14. You will not (or permit any other person to), except to the extent expressly permitted under these Beta Terms: (a) modify, distribute, prepare derivative works of, decompile, reverse assemble, disassemble, translate, reverse engineer or otherwise attempt to decipher any code in connection with the Beta Services and/or and any other aspect of the Curve technology, in whole or in part; (b) allow access to, provide, divulge or make available or use the Beta App or Beta Services to or for the benefit of any third party without our prior written consent; and (c) do anything which may adversely materially affect our reputation or goodwill.
- 15. You acknowledge and agree that all data and information made available or accessible through or in connection with or contained in a Beta Programme (including, without limitation, the Beta Services) (collectively, "Confidential Information") is commercially sensitive and confidential.
- 16. You agree: (a) to keep all Confidential Information strictly confidential and to not copy, disclose, reproduce or use it in any manner not expressly permitted in these Beta Terms; (b) that the premature release of any of the Confidential Information would damage Curve’s competitive advantage and intellectual property rights; (c) to only discuss or show to the public such Confidential Information which has been publicly released by Curve by way of public market launch; and (d) on Curve’s request, immediately stop any use or disclosure of Confidential Information and, at Curve’s option destroy or return to Curve all documents and materials (and any copies) containing, reflecting, incorporating or based on the Confidential Information.
- 17. Without prejudice to any other Curve’s rights or remedies, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of the confidentiality terms and that Curve shall be entitled to seek the remedies of injunctions, specific performance or other equitable relief for any threatened or actual breach of the confidentiality terms in these Beta Terms.
- 18. The obligations relating to confidentiality shall continue notwithstanding termination of these Beta Terms until such time as the information is no longer confidential in nature.
- 19. Protecting your privacy is very important to Curve. In order to know how we, collect, process or use your personal data, please refer to the Beta Programme Privacy Notice
- 20. Nothing in these Beta Terms shall exclude or limit either party's liability for fraud (including fraudulent misrepresentation), death or personal injury arising from its negligence, or for any other liability which by law cannot be excluded or limited.
- 21. Except as expressly set out in these Beta Terms, all warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded.
- 22. Curve will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any special, indirect or consequential losses or for any: (a) loss of profits, sales or business; (b) loss of opportunity; (b) loss of anticipated savings or income; (c) loss of or corruption of software, data or information, in each case whether direct or indirect and whether or not Curve has been advised of the possibility of such loss or damage arising.
- 23. Subject to clauses 20, 21 and 22, Curve’s total aggregate liability to you in respect of any and all claims arising out of or in connection with the Beta Programmes and Beta Services, whether in contract, tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, is limited to £100.
Changes to these Beta Terms
- 24. Curve reserves the right to update or amend these Beta Terms from time to time. Any changes will be notified to your via Curve App or email to the account that has been registered to your Curve account. You understand and agree that your use the Beta Services after the date on which these Beta Terms have changed will be treated as acceptance of the updated Beta Terms.
Governing Law and Jurisdiction
- 25. These Beta Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the courts of England and Wales.