1. Welcome

Welcome to the Global Performance Group LLC General Terms of Service. These terms, combined with our Fees Page, Issuer Terms (where applicable), and any other documents referred to in these terms (collectively, the “Terms”) set out the legal agreement between:

You, as the CP BANQ user; and

The CP BANQ company identified in paragraph 3 below (or “we”, “our”, or “us”).

Please read through this document carefully to understand how your account and our services work. If you do not agree to these Terms, do not sign up for or use our services. Users in certain regions may have different Terms applicable to them.

3. Who We Are

Different Global Performance Group LLC companies may provide services depending on the type of product / or CP BANQ Multicurrency Account:

CP BANQ provides Fintech Services, Custodian accounts in fiat currency of any type, Custodian electronic wallets for digital assets of any type, Processing of payments in regards to incoming and outgoing transactions for the provided custodian accounts, Professional Trust Management, Safekeeping and Storage of Assets, movable and immovable goods of any kind, Storage of any type of assets incl. commodities, AML and CFT prevention measures and their implementation for the onboarded clientele

5. Accessing your CP BANQ Multicurrency Account

Where applicable, our CP BANQ Profile allows you to access an online multicurrency account (your “CP BANQ Multicurrency Account”) and to view the transactions you make through your CP BANQ Multicurrency Account. Please find more information for terms and fee in https://www.cpbanq.io/terms/

7. Security

It is extremely important for you to keep your CP BANQ Profile secure at all times. You are responsible for all transactions initiated through your CP BANQ Profile. Unauthorised use of your CP BANQ Profile may have serious consequences for you, including financial consequences. Ultimately, it is your responsibility to keep your CP BANQ Profile secure by engaging in the following practices:

Using a strong password for your CP BANQ Profile;

Keeping your phone safe and ensuring it is password-protected at all times;

Enabling 2-factor authentication to access your CP BANQ Profile;

Keeping your CP BANQ Crypto Card pin and other unique numbers safe and secure;

Closing the App when you are not using it;

Logging out of the CP BANQ website when you are not using it;

Changing your mobile, card pin and CP BANQ Multicurrency Account passwords regularly and not sharing these with anyone; and

Keeping your email account secure at all time.

If you believe your mobile, CP BANQ Crypto Card, or the login details for your CP BANQ Profile have been lost, stolen, or accessed without authorisation, you must contact us immediately at oi.niocpc@niahc or contacting the Help Center in the app. We will not be responsible for losses incurred due to unauthorised access of your email.

9. Eligibility

You must meet the following criteria in order to create a CP BANQ Profile:

You must be 18 years of age or older and be resident of a country where CP BANQ is available.

You must be an individual and not acting on behalf of a business. If you wish to open a business account with us please click on the button Business when you sign up.

You must only open one account with us and not have had a previous account with us that was blocked or closed;

You must verify your identity with us and pass any other checks we are required to conduct (such as anti-money laundering checks and know your customer procedures).

11. Restrictions on using CP BANQ

You must not use the CP BANQ Service for any of the following:

For any illegal purpose, including fraud and money laundering, and for any purpose prohibited by regulation, statute, ordinance, or other governmental or regulatory limitation;

For any debt-collection purpose;

To circumvent merchant restrictions or obtain goods or services without paying;

For commercial speculative trading purposes;

To manipulate the price of any asset or currency;

In any manner likely to result in complaints, reversals, chargebacks, fees, fines, penalties, or other liability to CP BANQ, other users, third parties, or yourself;

To provide yourself with a cash advance from your credit card, or help others to do so;

In any manner which results in a negative balance in any currency;

To burden or overload our infrastructure, facilitate any viruses, malware, malicious code or other form of IT attack or attempt to gain access to our systems and information;

To interfere with the CP BANQ Service in any manner;

To copy or reproduce our content or services in any manner;

To interfere with our third party providers in any manner;

To test credit card behaviours;

To circumvent our policies and procedures;

For use with any automatic trading, API, crawler scripts, or other methods inconsistent with ordinary use of the CP BANQ Service;

For the purpose of crowdfunding, or receiving the proceeds of a crowdfunding campaign;

To harass our employees, agents, or other users; and

To trade FX for speculative purposes or FX arbitrage.

13. Account Closure

You may close your CP BANQ Profile and CP BANQ Multicurrency Account at any time with us for any reason by contacting us. However, you may not close your CP BANQ Profile or CP BANQ Multicurrency Account while CP BANQ is conducting an investigation into your use of the CP BANQ Service, or while you have a remaining balance on your CP BANQ Multicurrency Account. Even if your CP BANQ Profile is closed, you will remain liable for any actions taken through your CP BANQ Profile prior to closure.

Nothing in this paragraph 15 affects any legal rights you may have under the law of the country in which you are resident

15. Notice and Communications

We’ll get in touch with you through the CP BANQ Service or the email address you provide on your CP BANQ Profile. Please make sure to keep this updated with an email address you check regularly. You should also check your transaction history regularly and let us know of any errors or unauthorised transactions. Any communications will be made in English.

17. Unresolved Complaints

Please give us the opportunity to resolve your complaint. We will respond to any complaints within 15 business days of receiving your complaint, except in exceptional circumstances beyond our control. In any event, we will respond to your complaint within 35 business days of receiving your compliant.

If we have not been able to resolve your complaint to your satisfaction, you may take your complaint to the relevant institution.

19. Amendments to These Terms

We may make changes to our Terms and policies from time to time. Where possible, we will notify you at least 2 months in advance of the date of these changes. If you do not agree to the changes, you must stop using our services before the planned commencement date of the new changes. Continuing to use the CP BANQ Service means that you accept our new changes.

Certain changes may occur immediately and without notice. This may happen when we are required to make changes by law, or where we make minor changes to these Terms that do not impact your rights and remedies or our obligations. When such changes occur, we will notify you as soon as reasonably practicable.

21. Our Right to Set-Off

Sometimes we might be entitled to be compensated by you, for instance due to a technical error in your favour, when you have a negative balance on your account, or when you use the CP BANQ Service in such a way that violates the Terms. In such cases, we shall be entitled to recover any sum due to us by retaining some or all of your available funds or balances that you have stored in your CP BANQ Multicurrency Account or DPTs you have bought through the CP BANQ Service, regardless of what currency or DPTs those balances are held in.

Where necessary, we will convert currencies and DPTs at the applicable exchange rate.

23. Card Issuer T&C

Your card issuing and usage services are provided via Wallexpay s.r.o. Your use of the Card is subject to the terms and conditions that set out the agreement between you and the card issuer (the “Issuer Terms”). If you decide to order and use a Card, you must also read and accept the Issuer Terms.

These terms and conditions, apply to your Profile, your use of the Service, and your Visa prepaid card (the “Card”). Please read them carefully.

By ordering a Card you agree to be bound by these Terms and you should therefore read them carefully.

The Card is a physical or virtual Visa prepaid card which can be used wherever Visa is accepted. The Card can be used for both instore and online purchases, as well as to withdraw cash from automated cash machines.

Your Card supports Euro currency. You will need to load the card via your profile before you can make purchases or withdrawals.
Your Card is funded directly by funds held on your Profile. Once loaded, funds are held on your Card. These funds do not earn interest and are not bank deposits.
Your Card is not a credit line and does make credit available to you. You must have sufficient funds of your own loaded onto your Card to cover any purchase or withdrawal.

• Eligibility

You must be at least 18 years old and a UK or EEA resident to apply for and use a Card. You must also have already created a Profile and accepted our Terms, as well as verified your identity with us.

•Activating your Card

When you first receive your Card, you must sign the back of the card as indicated.

•Loading funds onto your Card

Your Card has to be loaded by funds held on your Profile. Once you top up your card with funds, they are not available to be used in your profile or reversed via your profile. Fees apply according to the Fee Schedule. If your card is lost/stolen and there is balance in it, you should contact our support team in order to reverse the balance. Please, note minimum amount for balance reversal is 100 Eur, fees apply.

•PIN number

PIN number is visible at the time of card activation via your profile, and only you can see it. Please, make a note of it. PIN number cannot be changed.

•Fees and limits

You can check the Fees applying to your card usage in your Profile, section Settings. Make sure you have enough funds to cover both the value of any purchases or withdrawals and fees associated with the transaction, or your transaction may be declined. You are responsible for any third-party fees you incur as a result of using your Card, for instance, fees you may incur from international or foreign currency ATM withdrawals.

•Using your Card

Only you are authorised to use your Card. You can use your Card to spend or withdraw funds you have loaded onto the Card. Your Card can be used anywhere Visa is accepted. We is not liable for any charges or losses where you use your Card where Visa is not accepted. A Card transaction is authorised when you:

aenter your PIN or provide any other security code;

bsign a sales voucher;

cprovide your Card details and/or any other details as requested;

dwave, tap or swipe the Card over a card reader.

Only funds loaded onto your Visa prepaid Card can be spent. The Card does not offer any form of credit line to you. If you attempt to transact or withdraw using the Card and do not have sufficient funds loaded onto your Card, the transaction or withdrawal may be declined. In some cases, you may incur a delayed charged, such as when using public transport. You are liable for all charges made with your Card. In the rare event that you incur a negative balance on your Card because you do not have sufficient funds to cover delayed transactions, you will be fully liable to us to cover the amount of any negative balances plus any applicable fees, charges and costs incurred by us in attempting to recover the required amount from you. At all times, we’ll show your Card balance on your Profile, which will be updated regularly to reflect purchases and withdrawals you make with the Card.

•Statements

Statements are available to be downloaded directly from your Profile.

•Errors, transaction disputes and unauthorised transactions

Ensure that you retain all records and receipts of transactions you make with your Card. You can check all of your transaction details at any time on your Profile. If you don’t notify us of any errors, disputes, and unauthorised transactions within 13 months of a transaction or withdrawal, we’ll assume them to be true. To notify us, contact our support team and we’ll get back to you. We’ll do our best to resolve the issue as soon as possible. We’ll solely decide whether an issue is attributable to us, the Card Issuer, or our third-party service providers. Where we, the Card Issuer, or our third-party service providers are not at fault, we will have no liability to you. Where payee details provided by you are incorrect, we are not liable for non-execution or defective execution of the payment transaction, but we will make reasonable efforts to recover the funds involved in the payment transaction and notify you of the outcome. We can return money paid to your payment instrument by mistake, however, if you don’t think a payment made to you from a payment service provider in the EEA was a mistake, we may also be allowed to share your personal information with the paying payment service provider so that you can be contacted directly. This is because we are required to cooperate with other payment service providers and share all relevant information in order to assist with tracing money which is sent to the wrong person.
If you give us the wrong details for a payment or you tell us about an incorrect payment more than 13 months after it was made, we won’t give you a refund but we’ll try and trace it for you. We may charge you a reasonable fee to cover our costs in doing this.

•Refunds

Ensure that you authorise transactions and withdrawals which you are sure you want to make, as you cannot stop or reverse a payment or withdrawal. If you want to receive a refund for a purchase, you will need to contact the merchant you paid directly to request a refund. If the merchant decides to issue a refund to you, the merchant must issue a valid refund voucher to us in order for us to credit the refund to your Card. Any dispute you have with a merchant over goods or services you purchased with your Card must be taken up directly with the merchant. Any dispute you have with the services provided by an ATM must be taken up with the ATM operator. We may, but is not required, to file a formal dispute with a merchant on your behalf, after you have attempted to contact them. In these circumstances, you must provide us with all relevant and correct information concerning the dispute. Refunds will be credited to your Card corresponding to the currency used to issue the refund. If this currency is not supported by your Card, the refund will be converted at applicable exchange rates and fees.

•Security

You must keep your Card and security credentials safe and not let anyone else know or use them. You must keep your security information secret at all times; never disclose your PIN or security information to anyone and do not store details of your PIN with your Card. Security information includes your login and password details used to access your account or any other website where your Card or account details are stored. We also recommend that you check the balance on your Card regularly on your Profile. We will not be held liable where you fail to keep your Card secure.

•Limitations on your Card.

You cannot use your Card to:

a.Make purchases with merchants who do not accept the Card;

b. Make withdrawals with ATM operators who do not accept the Card;

c.Violate any laws applicable to you or us;

d.Violate our Terms, including the list of Prohibited Countries;

e. for money laundering or terrorist financing purposes; and

f. Transfer funds to a third party which does not relate to an underlying transaction for goods or services.

•Blocked transactions.

We may refuse to pay a transaction:

a.if we are concerned about the security of your Card or account or we suspect your Card or account is being used in an unauthorised or fraudulent manner;

b.if sufficient funds are not paid into your account at the time of a transaction to cover the amount of the transaction and any applicable fees;

c.if there is a negative balance on your account;

d.if we have reasonable grounds to believe that you are not using your Card or account in accordance with these Issuer Terms;

e.if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or

f.because of errors, failures (whether mechanical or otherwise) or refusal to process a transaction by merchants, payment processors or payment schemes.

If we refuse a transaction, we will tell you why, if we can, unless it would be unlawful for us to do so. You may correct any information we hold and which may have caused us to refuse a transaction by contacting customer support.

•Ordering a Replacement Card

To order a replacement Card if your Card is lost or stolen, contact Customer Support. Fees may apply.

•Expiration

Your Card will be valid until the expiry date stated on the Card. After it expires, you will no longer be able to transact using the Card. If we’re unable to contact you based on our records of your contact information six (6) months or more after the expiry date of your Card, we will hold the remaining balance(s) on your Card. Contact customer support to retrieve any funds on your Card.

•Stolen or lost Cards

If you lose your Card or it is stolen, or you suspect that someone else has found out your PIN or security information or accessed your account without your permission, you must tell us immediately by contacting customer support and block the card immediately via your profile. Your Card will be cancelled immediately, and your account may be blocked. If, after reporting a lost Card, you subsequently find the Card you should contact our support team to request reactivation.

•Account closure by us

We may cancel your Card and this agreement by giving you at least 1 month notice.

We may also cancel your Card immediately if we:

a.suspect unauthorised or fraudulent use of your Card;

b.have any other security concerns;

c. need to close your account in accordance with these T&C; or

d.need to do so to comply with the law.

We may also deny access to your Card and/or account where we consider it to be at risk of money laundering or terrorism financing, fraud or other criminal activity. If we need to take these actions and where possible, we will give reasons for doing so except where restricted by law. In these circumstances, you must tell us what you want us to do with any unused funds.

•Your responsibility

You are responsible for:

a.All charges and other amounts incurred through your use of the Card at any time, including any amounts outstanding after you stop using the Card or if we suspend or cancel your Card; and

b.Complying with any and all laws, rules and regulations of your jurisdiction that may apply to you in connection with your use of the Card, including but not limited to, activities of import and export, taxes or foreign currency transactions. We will not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied to you.

It is extremely important to keep your Card and Profile information safe and secure, as well as your email address and devices you may use to access your Profile. You will be responsible for limiting access to your Card and keeping your Profile secure.

•Our responsibility

If we incorrectly deduct funds from your account, we will refund them. If we subsequently establish that the refunded amount had in fact been correctly deducted, we may deduct it from your available balance and may charge you a fee. If you do not have sufficient available balance, you must repay us the amount immediately on demand. If unauthorised transactions occur after you have notified us of the loss, theft, compromise or unauthorised use of your Card or account, and you have not acted fraudulently or in breach of these Terms and Conditions, then we will be liable. We will not be liable to you in connection with or arising from your use of or inability to use your Card as a result or in connection with any of the following:

a.failed, missed, delayed, or fraudulent transactions, payment transmission errors, or any other issues related to payment or the processing, loading and/or transfer of money between you and the Card Issuer as the loading channel;

b.the Card Issuer’s failure to convey any notice, instructions or communications to us or other third parties on your behalf, accurately, in a timely manner or at all;

c.any unauthorised access to, disclosure of, wrongful or fraudulent use of your Card(s), Profile, Service, personal data, PIN and password to the extent not attributable to any acts or omissions on part of us;

d.any error, negligence, wilful default, misconduct, fraud, act, omission, breach or failure of, or contravention of applicable laws by, any other party (including you and the Card Issuer);

e.any refusal by a merchant to accept your Card

f.for any interruption, disruption or impairment of our service or any third-party services on which we rely for the performance of our obligations hereunder; for refusing to authorise a transaction;

g.for cancelling or suspending use of your Card;

h.for any loss arising from your inability to use your Card or access your account due to interruptions;

i.for any direct or indirect loss or damage you may suffer including loss of revenue, loss of reputation, goodwill, opportunity or anticipated savings as a result of your total or partial use or inability to use your Card;

j.for the quality, safety, legality or any other aspect of any goods or services purchased with your Card; and

k.any abnormal and unforeseeable circumstances beyond our control, however so caused.

•Card Interruption

From time to time, your ability to use your Card or account may be interrupted. If this happens, you may be unable to use your Card. In addition, like other payment cards, we cannot guarantee a merchant will accept your Card, or that we will necessarily authorise any particular transaction. This may be because of a system problem, something outside our reasonable control, to comply with legal and regulatory requirements, or because we have suspended, restricted or cancelled your account or refused to replace it in accordance with these Issuer Terms.

•Contacting you in an emergency

We may need to contact you urgently if we suspect or find fraudulent activity has occurred on your account (provided we are not prohibited from doing so by law) or if we suffer a security threat. To do so, we may (for example) send you a text message instead of calling or emailing you, if we think this is the quickest way to contact you. When we contact you, we will also give you information on how you can minimise any risk to your payment instrument depending on the nature of the security threat.

We will use the same contact details which you have already provided us with when contacting you. You must inform us immediately if your personal details or contact information change.

•Complaints

If you need any help or want to make a comment or complaint, please contact our customer service. We aim to resolve all enquiries within 30 calendar days.

Please give us the opportunity to resolve your complaint. We will respond to any complaints within 15 business days of receiving your complaint, except in exceptional circumstances beyond our control. In any event, we will respond to your complaint within 35 business days of receiving your compliant.

•Personal Information (include change of info)

Keeping your personal data safe is important to us. How we handle your personal data is explained in our Privacy Policy.

If your details such as name, address, email address, and telephone or mobile number change, let us know immediately.

•Changes to these Issuer Terms

We may make changes to our Issuer Terms from time to time. If you do not agree to the changes, you must stop using the Card before the planned commencement date of the new changes. Continuing use of the Card means that you accept our new changes. Certain changes may occur immediately and without notice. This may happen when we are required to make changes by law, or where we make minor changes to these Issuer Terms that do not impact your rights and remedies or our obligations.

•Assignment

If we consider it to be operationally necessary, we may at any time assign or transfer the rights and novate the obligations to another entity without your consent. If that happens, from the effective date of the transfer, these Issuer Terms will be an agreement between you and the successor entity and that entity will assume our rights and obligations as if it were itself a party to these Issuer Terms. Your rights and obligations under these Issuer Terms will remain the same and we will notify you as soon as reasonably practicable.

•Governing law and dispute resolution

English law will apply to all disputes and the interpretation of these Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Card. This does not affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to your use of the Card heard in the courts of that country.

•Other miscellaneous items

No third-party rights are created in these Issuer Terms. Only you, as the holder of the Wirex Profile will have any rights to enforce these Terms. You cannot assign or transfer any of your rights under these Issuer Terms to someone else.

Where we do not enforce our rights under these Issuer Terms, we do not waive our rights. We may transfer or assign our rights under these Issuer Terms at any time.

Unless stated otherwise in these Issuer Terms, if any provision of these Issuer Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the extent possible.

25. Downloading Our App from other App Stores

Where you download our App from any other app store or distribution platform other than the Apple App Store, including the Google Play Store (the “Distribution Platform”) you agree that: (a) the Terms are between you and CP BANQ, and not with the provider of the Distribution Platform (“Store Provider”); (b) your use of the App must comply with the Store Provider’s then-current Distribution Platform Terms of Service; (c) the Store Provider is only a provider of the Distribution Platform where you obtained the App; (d) CP BANQ, and not the Store Provider, is solely responsible for the App;< (e) the Store Provider has no obligation or liability to you with respect to the App or the Terms; and (f) you acknowledge and agree that the Store Provider is a third-party beneficiary to the Terms as it relates to the App

26. Accessing a Deceased’s Account

In the event that you need to access a deceased’s CP BANQ Profile, please contact us. We may ask you for supporting documentation, such as a death certificate, probate documents, or other documents proving you have the right to administer the deceased’s estate.

28. Governing Law and Dispute Resolution

Swedish law will apply to all disputes and the interpretation of these Terms. The Swedish court will have non-exclusive jurisdiction over any dispute arising from or related to your use of the CP BANQ Service. This does not affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to your use of the CP BANQ Service heard in the court of that country.