1. DEFINITIONS “Account” – technical account of the Client in the Operator’s records where the Operator accounts Client’s Points and that serves for Accrual, Disposal and Cancellation of Points. The Account is not an account with the financial service provider and is not attached to the Client’s Card.
“Accrual” means a procedure of increase of amount of Client’s Points in accordance with the Agreement.
“Bonus Points” means additional Points that the Client receives under certain condition of Program.
“Card Account” means the account of the Client with the Issuer opened in accordance with the General Terms and Conditions of Business and to which the Card is attached.
“Card” or
“Blackcatcard” means plastic card (i.e. physical (plastic) card which is the copy of virtual card; “Plastic Card”) or virtual card (non-physical card linked to the Card Account the use of which is limited to online purchases; “Virtual Card”) the holder of which is the Client.
“Client” means a private individual meeting the following provisions:
- who is at least 16 years old;
- who has applied to Issuer for Services;
- who accepted these Terms of Use;
- who is the holder of Blackcatcard.
“Contract” means three-party agreement between Client, Issuer and Operator and that consists of:
- General Terms and Conditions of Business of the Issuer (that are available in the Mobile App or at:
https://www.papaya.eu/;
- These Terms of Use (“Terms”) (available in the Mobile App or at:
http://Blackcatcard.com/;
- any amendments, annexes and supplements to the above stated documents and that can be from time to time adopted by the Issuer and/or the Operator as provided herein.
The Contract shall be applicable to the provisions of the Program only. Any relations between the Issuers and the Client beyond the Program shall be governed by the General Terms and Conditions of Business of the Issuer and other related documents. In the event of discrepancies between the provisions of the General Terms and Conditions of Business and these Terms, the provisions of Terms shall prevail.
“Issuer” means Papaya Ltd., an Electronic Money Institution, incorporated under the laws of Malta with registered office at: 31 Sliema Road, Gzira, GZR 1637, and that is technical partner of the Operator in the Program.
“Loyalty Program” means this Operator’s Loyalty program, implemented by theOperator with the technical support of the Issuer. The Program is intended forpromotion and strengthening of loyalty to the Operator and is implemented assystem of accrual and disposal of Points.
“Mobile App” means mobile application “Blackcatcard” available for downloading from Apple App store and Android Play Market.
“Operator” means a company Baltic Technology Solutions OÜ, registration No.14063464, registered office: Narva mnt 13-233, Tallinn 10151, Estonia, that provides Clients services in line with its business activity and that is the intermediary in relations with the Service Providers. Operator with the technical assistance of the Issuer shall implement and administer the Program, including accounting, Accrual and/or Cancellation of Points within the scope of the Program.
“Point” means a conditional unit that is accrued and disposed by the Operator in accordance with these Terms. The Points shall be used solely for accounting reasons and shall not be used as a payment instrument or any type of money (including electronic money). The Points cannot be converted into cash, donated to the third parties or inherited. These Terms allow the following operations with the Points:
- Accrual – procedure that results in increase of amount of Points at the Account pursuant to the Contract;
- Cancellation – procedure of cancellation of the Client’s rights to dispose the Points (as provided below) that were previously accrued at the Account by disposing the Points as provided in the Contract;
- Disposal procedure that results in decrease of amount of Points at the Account pursuant to the Contract.
“Program” means any of the program described in the Section [….] of thisLoyalty Program.
“Services” means services provided by Issuer to the Client, including, but not limited to, issuing of the Blackcatcard, Card Account management, execution of payment transactions (incl. payment transactions through a Card), cash withdrawals from the Card Account and the participation in the Program.
“Service Provider” means any entity or private entrepreneur whose goods and services can be paid by the Client’s Card and transactions with whom, in accordance with the provisions of the Program, shall be deemed as Transaction.
“Transaction” means the payment operation of the Client with the Card that is, in accordance with the provisions of the Program, eligible for the changes in the number of Client’s Points.
“Referral program” means the marketing activity involving client-to-client referring to registration at Blackcatcard. Participation in the referral program is only eligible for online (in-app or desktop website) account registration.
“Referral code” means the promo code, issued for the “Agent” by Baltic Technology Solutions OÜ, and used by the “Referral” while registering in Blackcatcard.
“Agent” is Blackcatcard user with an active account, a participant of the Referral program who shares his Referral code with a Referral.
“Referral” is a participant of the Referral program who has used the Agent's Referral code during the registration process, successfully registered and obtains the Blackcatcard payment card (either virtual, or both virtual and plastic).
2. GENERAL2.1 These Terms define the provisions of implementation of the Program bythe Operator and participation of the Client in the Program. These Termsshall be treated as the public offer.
2.2 The Client shall be entitled to join the Program after receiving a Cardpursuant to the provisions of the General Terms and Conditions ofBusiness of the Issuer.
2.3 The Program allows Clients to use Points while purchasing goods andservices with the Card.
2.4 The Program is not a lottery.
2.5 The Program shall be effective for the indefinite period. The Issuer and/orthe Operator shall be entitled to unilaterally terminate the Program inaccordance with the provisions of the Section 4 of these Terms.
2.6 The Client can stop participating in the Program in accordance with theseTerms by sending a confirmation via Mobile App. The Client can renewparticipation in one of the Programs by sending a confirmation via MobileApp. The Client can seamlessly switch between the Programs.
2.7 Prior to joining the Program, the Client shall confirm and agree to theprovisions of the Contract, these Terms, and the Program.
2.8 By joining the Program, the Client agrees to grant the Issuer the unlimitedorder for recurring automatic payment under the following conditions:
i) the receiver of such automatic payment – the Operator;
ii) type of transfer – regular, in the amount of all available funds on theClient’s Card Account deducted for the amount of Client’s liabilities tothe Issuer that are due in accordance with the provisions of theagreement between the Client and the Issuer;
iii) the order is not limited in time.
2.9 The purpose of the Client’s funds transfer to the Operator is to enable theClient to utilize the loyalty benefits earned through their participation inthe Program. By transferring funds to the Operator, the Clientacknowledges and agrees that these funds will be utilized for themanagement, administration, and enhancement of the Loyalty Program,including but not limited to Program development, maintenance, andcustomer support.
2.10 The Operator hereby reserves the right to utilize the funds received fromthe Client for various purposes related to the management and operationof the Loyalty Program. This includes, but is not limited to, the following:
2.10.1 Loyalty program management software order and development. Thefunds may be used for the procurement, customization, and developmentof software systems or platforms that facilitate the management, tracking,and administration of the Loyalty Program. This ensures efficient Programoperation and enhances the Client’s experience.
2.10.2 Payments related to program suppliers. The funds may also be allocatedto make payments to suppliers, vendors, or service providers engaged insupporting the Loyalty Program. This includes activities such as rewardsfulfillment, customer service, marketing campaigns, data analytics, andother services required for the successful operation of the program.
2.11 The Operator exercises reasonable judgment and care in utilizing thefunds received from Clients for the purposes outlined above. The Clientunderstands that these funds are intended to support and enhance thePrograms, and any surplus funds may be used at the discretion of theOperator for future Program improvements or Client benefits.
3. POINTS
Accrual of Points
3.1 Accrual of Points is performed by the Operator when the Issuer credits theCard with funds and when a Client executes Transaction using the Card.
3.2 Accrual of Points is made with ratio 1 euro = 1 Point, unless otherwise isprovided by the Operator in accordance with the Program provisionswhen a Client is granted bonus Points for certain Transactions.
3.3 Accounting of Points is performed by the Operator in its accountingsystem.
3.4 The number of Points is calculated and accrued after the Issuer processestransaction documents of the Transactions with the Card.
3.5 The Points shall not be accrued:
- for cash withdrawal transactions (in ATMs, banks cash desksetc.);
- for transactions related to transfers to the accounts with Issueror other banks;
- for transactions with financial institutions (e.g. in favour ofinsurance companies and investment funds);
- for payments related to bets and lotteries;
- for e-wallet top-up transactions;
- for donation payments in favour of charity, politicalorganisations etc.;
- for acquisition of travel cheques, financial instruments, preciousmetals etc.;
- for foreign currency buy and sell transactions;
- for transactions in favour of pawn offices;
- for transactions that later result in repayment of funds.
3.6 The Points for the accounting period (calendar month) shall be accrued inaccordance with the clauses 2.8 and 3.2 provided that at the date ofaccrual the Client has no outstanding liabilities to the Issuer under theGeneral Terms and Conditions of Business of the Issuer. If there are anyoutstanding liabilities, the Issuer shall be entitled at any time and withoutprior notification to the Client to debit the Client’s funds in the amount ofsuch liabilities.
3.7 Accrual of Points for the Transactions in accordance with the Contractshall be performed by the Operator by increasing the amount of Client’sPoints on the 10 th date of the month following the accounting month.Crediting of the Client’s Card Account with funds is performedsimultaneously with Disposal of Points.
Cancellation of Points.3.8 The Operator shall cancel the bonus Points under the following conditions:
i) if the Client ceases participation in the Program on its own initiative;
ii) if the Client’s Card Account is closed;
iii) if the Client has outstanding liabilities to the Issuer under the Contract;
iv) if the Program is terminated by the Operator and/or the Issuer.
3.9 Under conditions specified in the clause 3.8 all available bonus Points shallbe cancelled without paying any equivalent to the Client.
3.10 The Issuer shall be entitled to unilaterally and without any prior warning tothe Client to use bonus Points to cover any outstanding liabilities of theClient to the Issuer.
Disposal of Points3.11 The Program allows Clients to dispose the Points to buy goods andservices using the Card. All actions related to the changes of availableClient’s Points balance within the Program are performed by the Operatorat the moment of the execution of the Transaction.
3.12 Prior to the execution of the Transaction the Issuer shall verify thesufficiency of the Client’s Points for the execution of the Transaction and, ifthe amount is insufficient, rejects the execution of the Transaction.
3.13 The available amount of Client’s Points is indicated in the Mobile App.
4. TERMINATION AND SUSPENSION OF PARTICIPATION IN PROGRAM
4.1 The Client is entitled to terminate the participation in the Program at anytime upon sending notification to the Issuer; such notification shall betreated as sufficient basis for the termination of participation. TheOperator shall cancel all the bonus Points of the Client and stop accruingnew Points. The Client shall not be entitled to receive any equivalent of thecancelled bonus Points.
4.2 The participation of the Client in the Program shall be terminated if:
- The Client terminates the participation as specified in the clause4.1;
- the Issuer and/or the Operator terminate the Program asspecified in these Terms;
- in the event specified in the clause 4.4 of these Terms.
4.3 The Issuer and/or the Operator may unilaterally suspend or terminate theProgram at any time at their own discretion as follows:
- by posting notification at the webpage of the Issuer and/or at: http://blackcatcard.com/;
- by posting notification in the Mobile App;
- in any other way (including by e-mail, by post or by phone) that allows the Client to receive the information and make sure that itis received from the Issuer and/or the Operator.
4.4 The Issuer shall be entitled to unilaterally suspend or terminate the Program with respect to the Clients that have outstanding liabilities to theIssuer in accordance with the Contract.
4.5 In the event of suspension or termination of the Program underconditions specified in the clause 4.4 of these Terms, the Issuer shall notifythe Client by sending SMS notification at the date of suspension ortermination of the Program.
4.6 If, at the moment of termination of the Program, the Client has anyunused bonus Points, such bonus Points shall be cancelled in full amount.If, at the moment of the termination of the Program, the Client has anyoutstanding liabilities to the Issuer, the Issuer shall be entitled tounilaterally and without prior notification to the Client use bonus Pointsand available funds in the Client’s Card Account to cover all suchoutstanding liabilities.
3. Calculation of Bonus Points
3. Calculation of Bonus Points
