Acquirer” refers to Checkout Ltd (checkout.com), an authorized electronic money institution licensed by the UK Financial Conduct Authority under number 900816.
The “App” is a mobile software, the data supplied with the software and the associated media. We license the use of the App to you on the basis of the terms and conditions specified in the Agreement herein and subject to any rules and policies applied by any app store provider or operator whose resources are located in the App Store and Google Play. We do not sell the App to you and do not transfer to you any rights for the App. We grant you a non-transferable, non-exclusive license to use the App on your device subject to the terms and conditions specified in the Agreement herein, however, we reserve all other rights and we remain the owners of the App at all times.
The “Issuer” refers to Wallester AS (Reg. code 11812882), a company registered under laws and regulations of the Republic of Estonia, an official Visa Principal Member, and a PSP authorized by the Estonian Financial Supervision and Resolution Authority (Finantsinspektsioon).
The “Cino Account” means the software and the account offered to you for using Cino Services, and accessible in the App. Your Cino Account does not hold any funds. Instead, all funds are received and held by our payment providers. You must open a Cino Account before accessing Cino Services.
“Cino Card” means the Visa payment card issued to you by the Issuer. The Cino Card is not a gift card, nor is it intended for gifting purposes. The funds are not stored on the Cino Card or in any corresponding account, and your account with the Issuer is not interest-bearing. The Cino Card issued for you by the Issuer is linked to your Cino Account. Purchases made with your Cino Card will automatically be listed in the Transactions tab. Cino pulls the funds from your existing debit card or bank account to accept the purchase you make using the Cino Card.
Cino Services or Services.
“Cino Services” or “Services” are defined as all products, services, content, features, technologies, or functions offered by Cino and related to Cino websites, applications (including the App), and services (including the Website and the application programming interface), as well as the software that provides you with the opportunity to apply for and use the Cino Card (including one or more Cino Cards) in connection with your Cino Account.
“Website” refers to any webpage, including but not limited to https://getcino.com
, where we provide Cino Services to you.
Using Cino Service and Cino Card is free of charge for users.
You may have a Funding Source in the currency that differs from the currency of your Cino Account. In such a case, a conversion fee will apply when you make transactions. The conversion fee is also applied when you make transactions (spending) in a currency that differs from the currency of your Cino Account.3. Requirements to Use Cino ServicesTo access the Cino Services and use the Cino Card, you represent, warrant and agree that:
3. Requirements to Use Cino Services
To access the Cino Services and use the Cino Card, you represent, warrant and agree that:
- You are at least 18 years old. You must be 18 years or older to use Cino Services and by opening a Cino Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
- You are a legal resident of Europe. You must legally reside in the EU. We may ask you at any time to show proof of your residence.
- You did not have any bans or violation cases. You have not been previously banned from using our services, and you have not previously violated our terms of service.
- You don't have limitations for using Cino Services. You have not been barred from receiving similar services under the laws of the European Union.
- Your use of Cino Services doesn’t violate any applicable laws. You commit to us that your opening and/or using of a Cino Account and/or Cino Card does not violate any laws, rules, and regulations applicable to you, including any applicable tax, wage and hour, and tip laws and regulations. You take responsibility for any consequences of your breach of this section.
By accepting these Terms, you also represent that:
- You can be bound by the Terms.
- Any information you provide to us accurately and truthfully represents your identity.
- You and all transactions initiated by you will comply with all EU laws and local laws, rules, and regulations applicable to you.
- The Cino Card transaction represents a bona fide sale, and each Cino Card transaction accurately describes the goods and/or services obtained from the merchant.
- You will not use Cino Services and/or Cino Card, directly or indirectly, for any fraudulent, disruptive, aggressive, manipulative or any other inappropriate matter, or in any manner to interfere with the operation of the Cino Services.
- You will fulfill all your obligations to the merchant and will address any dispute or complaint directly to the merchant.
4. Prohibited Uses
You may not, nor may you permit any third party, directly or indirectly, to:
In addition, you may not, nor may you permit any third party, directly or indirectly, to use the Cino Services for the following businesses or activities:
- Any illegal activity or goods.
- Paraphernalia that may be used for illegal activity.
- Unauthorized multi-level marketing businesses.
- Rebate-based businesses.
- Betting, including lottery tickets, sports-related gambling, casino gaming chips, off-track betting, and wagers at races.
- Manual or automated cash disbursements.
- Prepaid cards or checks.
- Sales of money-orders or foreign currency.
- Wire transfers or money orders.
- High-risk products and services, including telemarketing sales.
5. Authorized Users
You are solely responsible for all authorized transactions initiated and fees incurred by use of your Cino Card(s). If you permit another person to have access to a Cino Card or Cino Card number (details), this will be treated as if you authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Cino Card according to the Terms of this Agreement.
B. The Process
1. Account Opening
Open Cino Account. To start using Cino Services, you must open a Cino Account and provide your details as prompted.
The information must be accurate. All information you provide to us must be complete, accurate, and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or to provide additional supporting documents.
Using your Cino Account. All activities under a Cino Account shall be deemed as activities carried out by the registered user. You shall only use Cino Services to transact on your own account and not on behalf of any other person or entity.
One Cino Account per user. You may only open one Cino Account. Cino may refuse the creation of duplicate Cino Accounts for the same user. Where duplicate accounts are detected, Cino may close or merge these duplicate accounts at its sole discretion.
2. Getting to Know You
- Both Cino and the Issuer are required by law to carry out all necessary security and customer due diligence checks on you (and any parties involved in your transaction, including occasional transactions performed by third parties) to provide any Cino Services to you.
- You agree to comply with any request from us for further information and provide such information in a format required and acceptable to us.
- You agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases, sanctions lists, or credit reports.
- You authorize us to obtain all necessary information, from time to time, to establish, update, or renew your Cino Account with us or in the event of a dispute relating to this Agreement and activity under your Cino Account.
3. Adding a Funding Source
Log in to your Cino Account. To use Cino Services, you need first to log in to your Cino Account and follow the steps as they appear on the screen.
Add a Funding Source. You must add an eligible funding source to your Cino Account via the App. You can choose a funding source in the App. You may be presented with one or more funding sources (in this Agreement, referred to as “Funding Sources”), for example, a bank account, or debit cards. By entering your Funding Source information in the App, you need to authorize the App. You may want to print and save a copy for your records. If you choose to use your bank account (“Authorized Bank Account”) as your Funding Source, you may be asked to confirm access to the Authorized Bank Account at that third-party financial institution. You may also be asked to confirm permissions on the Authorized Bank Account at that third-party financial institution.
Change a Funding Source. You can change a Funding Source in the App. The number of Funding Sources made available to you will depend on a number of factors including the place of your residence and your verification status with Cino.
Funding Sources are not provided by Cino. Funding Sources are not part of Cino Services since they are services provided by third parties (e.g. the card provider which issued you your debit card). We cannot guarantee the use of any particular Funding Sources and may change or stop offering a Funding Source at any time without prior notice. When you add a Funding Source to your Cino Account, you agree that:
- You are the owner of the Funding Source.
- You are authorized to transfer funds from that Funding Source.
- You authorize us to initiate debits from your Funding Source according to your instructions.
- Any payment means (for example, the debit card) you use as your chosen Funding Source must be in your name.
4. Payment Information and Authorized Actions
- Cino works with third-party services, such as Acquirer who will securely store according to industry standards any payment means information (such as debit card information, or Authorized Bank Account access credentials) that you provide when adding a Funding Source, and will access such information to provide and improve Cino Services.
- You may only provide information on payment means that you hold in your name. You may not provide information on payment means that are held by a third person.
- If you choose to provide your payment means information, you authorize Cino to use this information to provide you with Cino Services.
- This authorization will remain in effect until you notify Cino that you wish to revoke this authorization, which may affect your ability to use Cino Services.
5. Your Electronic Funds Transfer
- When you use Cino Services, you authorize the Acquirer to immediately debit your Funding Source by the amount of the relevant transactions made using a Cino Card.
- This debit will allow us to authorize your transaction.
- If you choose Authorized Bank Account as a Funding Source, you authorize Cino and the Acquirer for debiting your Authorized Bank Account up to your limit set in the App (as defined below). You agree that all transactions you authorize comply with all applicable laws.
- If you choose a debit card as a Funding Source, you authorize Cino to transmit payment details to an acquiring bank acting under Cino’s instructions to charge your Cino Account.
- You agree to maintain funds on your Funding Source associated with your Cino Account to cover all of your activities with the Cino Services.
- Your limit (“Limit”) is set as part of your onboarding process and displayed in the Cino Group Setting section in the App. The information on the Limit is specified in the Limit section of this Agreement.
- You indemnify and hold us and our partner banks, Issuers and Acquirers harmless from any claims by any other owner of the payment means used as a Funding Source.
- You are responsible for confirming the accuracy of the information you provide about each payment.
6. Inability to Access Funds from the Funding Source
We will only process your transaction if you have sufficient cleared funds in your Funding Source. It is your responsibility to fund your Funding Source on time. We cannot be responsible for the time it takes for the money to be available on your Funding Source.If we are unable to access funds from your Funding Source to complete a transaction that you request for any reason (for example, if there are insufficient funds or credit available on payment means associated with the Funding Source to cover the requested transaction), the transaction may not be completed. In such a case, you agree that:
- Your authorizations will remain in force and effect until you close Cino Card or your Cino Account is closed or terminated. Any attempt by you to revoke this authorization will result in your inability to use the Cino Services. You agree that you will continue to be responsible for all obligations related to your Cino Account and/or Cino Card even after it is closed.
- You will reimburse Cino immediately, upon demand, the transaction amount to the extent that Cino sent a payment to the payee on your behalf;
- You will reimburse Cino for any fees imposed on us as a result of the failed transaction;
- You will reimburse us for any fees we incur in attempting to collect the amount of the failed transaction from you.
- We are not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the Funding Source that is sufficient to fund all payments you initiate.
C. Our Rights Regarding the Cino Services
1. Our Rights to Make Modifications
We may modify this Agreement by giving you at least seven (7) days prior written notice. If we do this, you can terminate this Agreement immediately and free of charge at any time before the proposed date of the entry into force of the proposed changes, by providing written notice to us or closing your Cino Account in the App. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
We may also modify this Agreement immediately. We may modify this Agreement (or any other document, such as Cino terms, policies, guidelines, etc.) at any time in our sole discretion when such modifications are:
- more favorable to you,
- required by law,
- related to the addition of a new service/extra functionality to the existing Cino Services,
- not related to your responsibilities.
In such a case, any new or modified document will be effective immediately, by posting its new version and updating the “Last Updated” date at the top of the relevant document.
- You agree that even if you have not personally visited our Website or App with the new terms of this Agreement or any other modified terms, they may have force immediately. To the extent permitted by applicable law, you agree to waive any right you may have to receive additional notice of such changes.
- Your continued use of Cino Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should frequently review this Agreement and all applicable terms, policies, and guidelines to understand the terms and conditions that apply to your use of Cino Services.
- If you do not agree to any new or modified document, you must stop using Cino Services. Any use of Cino Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Cino Services and the refusal of access to your Cino Account.
- You agree that your use of the Cino Services will always be subject to the most current version of these Terms at the time of such use.
Transaction limits on your Cino
Account. For legal and security reasons, we impose limits on the volume of transactions in your Cino Account. You acknowledge that Cino, the Issuer, the Acquirer, or another Cino’s partner may impose limits on your use of Cino Services. We may not allow transactions from all types of Funding Sources and we may otherwise limit transactions, and/or merchants, and/or payment means at our discretion. You cannot use the Cino Card(s) in any way beyond its intended purpose.
Limits amounts. For security and fraud protection, Cino will impose limits on the euro amount that you can authorize in a transaction, and over a period of time. In addition to these set limits, Cino and its partners retain the right to impose additional limits at their discretion. The maximum amount initially allowable for authorization is €15.000 per calendar month. The individual limits, per day, per week, and per calendar month limits are subject to increase or decrease at our discretion based on an algorithmic review process and a manual review process.
3. Investigations, Account Suspensions and Termination
- We may refuse to process any transaction that we believe violates the terms of this Agreement or any other agreements between you and Cino or any applicable network rule or law.
- Cino reserves the right to determine at any time whether or not you have access to Cino Services.
- The Cino Card is the property of the Issuer. The Cino Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice.
We may at any time suspend or terminate your ability to access the Cino Services, suspend or close your Cino Account, and/or end this Agreement without notice if:
- you breach any provision of this Agreement or documents referred to in this Agreement;
- Cino is requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
- Cino has serious reasons to believe you are in breach of any applicable law or regulation; or
- Cino has serious reasons to believe you are involved in any fraudulent activity, money laundering, terrorism financing, or other criminal or illegal activity. Cino, the Issuer, the Acquirer, and their partners reserve the right to investigate your use of Cino Services for compliance with this Agreement, and to comply with the law, regulation, legal process, or government request.
We may suspend your Cino Account or restrict its functionality if we have reasonable concerns about:
- the security of your Cino Account,
- suspected unauthorized or fraudulent use of your Cino Account.
4. Identity Verification
To help the government fight the funding of terrorism and money laundering activities, MLTFPA requires obtaining, verifying, and recording information that identifies each person who requests to use Cino Services.
- When you register for Cino Services we will ask you to provide the following information:
1- Mobile phone number;
2- First Name;
3- Last Name;
4- Date of birth;
5- Country of Residence.
- You authorize us, the Issuer, the Acquirer, and other Cino partners to make inquiries that we consider appropriate and use third-party services to help us verify your identity and determine if we should open, maintain, suspend or close your Cino Account.
- We may make additional requests for information at any time.
- We may require you to provide a taxpayer identification number, take steps to confirm ownership of your mobile phone number, email address, or financial means, provide a copy of an identifying ID card such as a driver’s license or passport, and documents proving your residency status and residency address, and verify the information you provide against third party databases or through other sources.
- We, the Issuer, the Acquirer, and other Cino partners may also report the status, history, and/or closure of your Cino Account to third-party services and authorities.
- If you do not provide the information requested or we are not able to verify your identity, we can refuse to allow you to use Cino Services, or suspend or terminate your account.
- If you allow someone else to use your Cino Account, you are solely responsible and liable for all transactions, withdrawals, deposits, and fees that arise out of such use.
D. Refunds, Errors and Disputes
1. Transaction History
- When you use your Cino Card, all your transactions are recorded in the transaction history section of your Cino Account. You may access this information after you log in to your Cino Account in the App.
- Each transaction has a unique reference number, and you should quote this reference number when communicating with us about a particular transaction. You should also receive a receipt directly from the merchant as a confirmation of the transaction done.
- You must check your Cino Account regularly and carefully and contact us immediately if you find a transaction that you can't recognize or think that transaction was made incorrectly.
- You must inform us about any unauthorized or incorrectly executed transactions immediately in the App, or by sending your notice to firstname.lastname@example.org, but no later than thirty (30) calendar days from the transaction; otherwise you may not be entitled to have any errors corrected.
Except as required by law, you are responsible for:
- Reviewing, compiling and retaining records of all transactions and other data associated with your Cino Account and your use of the Cino Services, and
- Reconciling all transactional information that is associated with your Cino Account.
2. Refunds and Returns
- If you are entitled to a refund for any reason for goods or services obtained with your Cino Card, the return and refund will be handled by the merchant.
- If the merchant credits your Cino Card, the credit on your Funding Source may not be immediately available.
- While a merchant refunds the transaction, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for several days after the date the refund transaction occurs.
- Refunds will be recorded along with your transactions on the Transactions page in the App.
- Neither the Issuer nor Cino is responsible for the delivery, quality, safety, legality, or any other aspects of the goods or services you purchase from others with the Cino Card.
- If you have a problem with a purchase you made with the Cino Card, or if you have a dispute with the merchant, you must handle it directly with the merchant.
3. Processing Errors
We will generally attempt to fix any processing errors that we discover. If the error resulted in your payment of an amount larger than what you authorize, we will transfer the difference to your Cino Account.
You are kindly requested to immediately contact Cino regarding any processing errors you discover, indicating the following information:
- Your Full Name and Cino Account information.
- A description of the error or transaction and why you believe it is an error or why you need more information.
- The euro amount of the suspected error.
You must inform us about any processing error immediately in the App, or by sending your notice to email@example.com
, but no later than thirty (30) calendar days from the transaction. Your failure to notify us of a processing error within the specified timeframe of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.4. Disputes
If you experience an issue that gives you chargeback rights concerning the use of your Cino Card, you may ask Cino to get into dispute resolution procedure on your Cino Card.
You agree that you will only exercise this chargeback right if:
1) we have breached this Agreement; or
2) there was an unauthorized transaction of your Cino Card.
An “unauthorized transaction” means herein an error that occurs when your Cino Card is used without your authorization and/or you did not benefit from the transaction. For example, if someone steals your Cino Card and uses it for a purchase, an unauthorized transaction has occurred. If you give (or share Cino Card details) to a person with permission to use it, you are responsible for all transactions conducted by the person even if they make more transactions than you authorized, unless you notify Cino that transactions for that particular Cino Card are no longer authorized.
If you create a Cino Card for use in a group with another person (with or without a split ratio), you are giving this person the right to make transactions you authorized unless you are leaving the group.
You agree that you will not exercise your chargeback right for reasons for which Cino is not responsible, including a dispute with your merchant.
You agree to comply with the dispute resolution procedure described below for any payments made using a Cino Card. If you’re unable to resolve a transaction-related issue directly with a merchant, please notify us as soon as possible.
If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct such an amount from your Cino Account by debiting your Funding Source.
The process for resolving disputes:
1. To open a dispute case, you need to contact us within thirty (30) calendar days of the date of the transaction by sending an email to firstname.lastname@example.org
directly or by tapping the “Dispute” button on the Transaction Details screen in the App. Your notice must include the following information:
- Your Full Name.
- The Cino Account email address.
- The Cino Card you’re referring to.
- Why do you believe there is an unauthorized transaction or other error, and the euro amount involved.
- The date and time when the unauthorized transaction or other error took place.
Depending on your claim, we may ask you to wait 10 business days from the transaction date to proceed with the payment dispute.
2. We may require you to provide additional information and documents for the relevant transaction.
3. Cino and the Issuer will make a final decision on your claim, in our sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online payment dispute resolution process, or any other information Cino and the Issuer deem relevant and appropriate under the circumstances.
4. Cino will tell you the results within three (3) business days after completing the investigation. If Cino decides that there was no error, Cino will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting Cino via email at email@example.com.
5. Your Liability for Unauthorized Transactions
If you believe your Cino Card has been lost or stolen, or you believe a transaction has been made without your permission using your Cino Card (or Cino Card details) or you believe your Cino Account credentials have been used without your permission, you are urgently requested to inform us at once and freeze the relevant card(s) via the “Your Cards” section in the App. Reporting your Cino Card lost or stolen, and any unauthorized or unexpected activity to firstname.lastname@example.org as soon as possible is the best way of keeping your possible losses down.
We may suspend or cancel your Cino Card and corresponding Cino Account in the event of excessive reports of Cino Card loss or theft. You agree that any unauthorized use does not include use by a person to whom you have given authority to use Cino Card and that you will be liable for all such uses by such person. For example, if you have given your Cino Card, or shared Cino Card details with another person to use, you are responsible for that person’s transactions with your Cino Card, and if you have shared your Cino Card information with a merchant for a transaction, you have given authority to that merchant to debit the Cino Card for that transaction.
If you become aware of and/or your statement shows transactions that are not made by you or any member of the Group(s) you are participating, notify Cino at once following the procedures stated in the Section of this Agreement titled “Disputes”. If you do not notify Cino within thirty (30) calendar days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the thirty (30) days if Cino can prove that we could have stopped someone from taking the value if you had notified Cino in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, Cino may extend the period. If the Cino Card has been lost or stolen, the Cino Card will be blocked to keep losses down and a replacement Cino Card will be issued to you.
You agree to cooperate reasonably with us and the Issuer in our attempts to recover funds from and to assist in the prosecution of any unauthorized users of your Cino Card.
6. Additional Liability Under Visa Core Rules
Under Visa Core Rules and Visa Product and Service Rules, the Issuer may increase the amount of the liability for unauthorized transactions if the Issuer reasonably determines, based on substantial evidence, that you are proven to have participated in the transaction.
E. Other Terms
1. Notices and Methods of Communication
Communication via email. You must keep your email address current with us in order for us to be able to provide you with important notices and other information from time to time, and you must ensure that the contact information, including the email address registered with Cino Account, is current. You should check for incoming messages regularly and frequently, such emails may contain links to further communication on our Website or in the App. If you don’t maintain or check your email and other means of communication, you will miss emails about your transactions and Cino Services, and we can't be liable for any consequence or loss related to this. If we have reasonable concerns either about the security of your Cino Account, or any suspected or actual fraudulent use of your Cino Account and/or Cino Card, we will contact you via mobile phone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
Website and App. We can also perform communications with you by posting documents and/or using a chat/ticket system on our Website, and/or using push notifications through the Website and App.
Other ways of communication. In addition to communicating via email, we may contact you via letter or mobile phone where appropriate. If you use any mobile services, we may also communicate with you via SMS.
Durable medium. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website or in the App, in a way that enables you to retain the information in print format or another format that can be retained by you permanently for future reference. You are kindly requested to keep copies of all communications we send or make available to you.
The language of communication. Official versions of documents are in English. Other language versions of documents or communications in any other languages are for your convenience, and in case we have such a possibility.
Withdrawal of consent. If you wish to withdraw your consent to receive communications electronically, you may do so by emailing us at email@example.com. Please note, however, that if you withdraw your consent to receive communications electronically, you may no longer use Cino Services.
2. Changes of Name, Address and Contact Information
You are responsible for notifying us of any change in your First Name, Last Name, country of residence, residency address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements.
We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Cino Account information to such individual.
You acknowledge and agree that Cino, the Issuer, the Acquirer, and other Cino partners, subject to applicable law, share information regarding you, your Cino Card, your Cino Account, and Cino Card transaction activity as necessary to provide customer service, maintain the Cino Card or your Cino Account, investigate and act on the Cino Card or your Cino Account-related claims and to comply with applicable law. Information about your Cino Card, your Cino Account, or the transactions you make with Cino Card(s) may be disclosed to third parties in the following cases:
- Where it is necessary for completing transactions;
- To verify the existence and condition of the Cino Card for a third party, such as a merchant;
- To comply with a government agency, court order, or other legal, regulatory, or administrative reporting requirements;
- To prevent, investigate or report possible illegal activity;
- To issue authorizations for transactions on the Cino Card;
- If you consent by giving us your written permission;
- To service providers who help us administer and provide related Cino Services;
- To our employees, auditors, affiliates, service providers, or attorneys as needed;As permitted by applicable law;
- As necessary to fulfill our obligations under this Agreement; or
In such a case, any new or modified document will be effective immediately, by posting its new version and updating the “Last Updated” date at the top of the relevant document.
4. No Warranty Regarding Goods or Services as Applicable
Cino and the Issuer are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with a Cino Card.
5. No Warranty of Availability or Uninterrupted Use
Cino Services may be inoperative from time to time, and when this happens, you may be unable to use your Cino Card or obtain information from your Cino Card, including your Cino Account. Please notify us immediately at firstname.lastname@example.org if you have any problems using your Cino Card. You agree that Cino, the Issuer, the Acquirer, and their respective affiliates, employees, or agents are not responsible for any interruption of service.
Assignment. To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Cino Card, or this Agreement without our prior written consent.
Severability. This Agreement will be enforced to the fullest extent permitted under applicable law. If any court or relevant authority decides that any of the paragraphs of this Agreement are unlawful, the remaining paragraphs will remain in full force and effect. The Issuer does not waive its rights by delaying or failing to exercise them at any time.
Applicable laws. This Agreement is governed by the laws of the Republic of Estonia. Any dispute between you and us in connection with your Cino Account, Cino Services, and/or this Agreement may be brought to the court of the Republic of Estonia.
Language. This Agreement was drafted in English. If this Agreement, or any part thereof, is translated to any other language, the English version shall prevail in the event of a conflict.
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.
Cancellation. Cino and the Issuer may cancel or suspend the Cino Card or this Agreement at any time. You may cancel this Agreement by returning the Cino Card to the Issuer, by closing your Cino Account, or by contacting us at email@example.com. Your termination of this Agreement will not affect any of the Issuer’s or Cino’s rights or your obligations arising under this Agreement before termination. In the event your Cino Card is canceled, closed, or terminated for any reason, any remaining available funds or credits associated with your Cino Card would revert to your Funding Source.
Entire Agreement. This Agreement comprises the entire agreement between you and Cino concerning the above subject matter and supersedes and merges all prior proposals, understandings, and contemporaneous communications.
You may not use any of Cino’s trademarks or slogans without our prior written permission. Trademarks or slogans include the names: getcino.com, Freerange Lamas, Get Cino, Cino, logos, and other graphics, page headers, button icons, scripts, and service names of Cino products, Cino Services, and programs. Any other trademarks that appear on our Website or in the App are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
8. For International Users
All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the Website and in the App, as well as the software used to create them, are owned by Cino and are protected by EU and foreign copyright laws. You may electronically copy and/or print "hard copies" from the Website and/or the App only for personal, non-commercial purposes related to your use of Cino Services. Any other use of any content stored on the Website and in the App, including linking or framing to the Website, is strictly prohibited unless you first obtain our prior written consent.
10. Errors and Inaccuracies
We always try to provide complete, accurate, up-to-date information on our Website and in the App. Unfortunately, despite those efforts human or technological errors may occur. The Website and the App may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to transactions and any additional information, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
You agree to defend, indemnify, and hold harmless Cino, its partners, the Issuer, the Acquirer, Cino’s parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
12. Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NONE OF CINO, OUR PARTNERS, THE ISSUER, THE ACQUIRER, CINO AFFILIATES, AND THE PARTIES WITH WHOM WE CONTRACT IN ORDER TO OFFER THE CARDS, YOUR CINO ACCOUNT, AND RELATED SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE CARDS, THE CINO SERVICES, ANY PRODUCTS OR SERVICES PURCHASED USING A CINO CARD, OR THIS AGREEMENT (AS WELL AS ANY RELATED OR PRIOR AGREEMENT THAT YOU MAY HAVE HAD WITH US).TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CINO, OUR PARTNERS, THE ISSUER, THE ACQUIRER, CINO AFFILIATES, AND THE PARTIES WITH WHOM WE CONTRACT IN ORDER TO OFFER THE CARDS, YOUR CINO ACCOUNT, AND RELATED SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY CINO IN CONNECTION WITH YOUR USE OF THE CINO SERVICES DURING THE ONE (1) CALENDAR MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY OR (B) €50.
The provisions related to indemnification, limitation of liability, arbitration, and any other provisions required to give effect to a party’s rights shall survive the termination of the Agreement, the bankruptcy of any party, any transfer, sale, or assignment of Cino, Cino Services, or expiration of the Cino Card.