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 Contract.
“Bonus Points” means additional Points that the Client receives under certain conditions of the 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:
https://blackcat.app/);
- 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 Issuer 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 the Operator with the technical support of the Issuer. The Program is intended for promotion and strengthening of loyalty to the Operator and is implemented as system 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. 14283786, 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 programs described in the Section 5 of these Terms.
“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.
2. GENERAL2.1 These Terms define the provisions of implementation of the Program by the Operator and participation of the Client in the Program. These Terms shall be treated as the public offer.
2.2 The Client shall be entitled to join the Program after receiving a Card pursuant to the provisions of the General Terms and Conditions of Business of the Issuer.
2.3 The Program allows Clients to use Points while purchasing goods and services 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/or the Operator shall be entitled to unilaterally terminate the Program in accordance with the provisions of the Section 4 of these Terms.
2.6 The Client can stop participating in the Program in accordance with these Terms by sending a confirmation via Mobile App. The Client can renew participation in one of the Programs by sending a confirmation via Mobile App. The Client can seamlessly switch between the Programs.
2.7 Prior to joining the Program, the Client shall confirm and agree to the provisions of the Contract, these Terms, and the Program.
2.8 By joining the Program, the Client agrees to grant the Issuer the unlimited order 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 the Client’s Card Account deducted for the amount of Client’s liabilities to the Issuer that are due in accordance with the provisions of the agreement 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 the Client to utilize the loyalty benefits earned through their participation in the Program. By transferring funds to the Operator, the Client acknowledges and agrees that these funds will be utilized for the management, administration, and enhancement of the Loyalty Program, including but not limited to Program development, maintenance, and customer support.
2.10 The Operator hereby reserves the right to utilize the funds received from the Client for various purposes related to the management and operation of the Loyalty Program. This includes, but is not limited to, the following:
2.10.1 Loyalty program management software order and development. The funds may be used for the procurement, customization, and development of software systems or platforms that facilitate the management, tracking, and administration of the Loyalty Program. This ensures efficient Program operation and enhances the Client’s experience.
2.10.2 Payments related to program suppliers. The funds may also be allocated to make payments to suppliers, vendors, or service providers engaged in supporting the Loyalty Program. This includes activities such as rewards fulfillment, customer service, marketing campaigns, data analytics, and other services required for the successful operation of the program.
2.11 The Operator exercises reasonable judgment and care in utilizing the funds received from Clients for the purposes outlined above. The Client understands that these funds are intended to support and enhance the Programs, and any surplus funds may be used at the discretion of the Operator 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 the Card 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 is provided by the Operator in accordance with the Program provisions when a Client is granted bonus Points for certain Transactions.
3.3 Accounting of Points is performed by the Operator in its accounting system.
3.4 The number of Points is calculated and accrued after the Issuer processes transaction documents of the Transactions with the Card.
3.5 The Points shall not be accrued:
- for cash withdrawal transactions (in ATMs, banks cash desks etc.);
- for transactions related to transfers to the accounts with Issuer or other banks;
- for transactions with financial institutions (e.g. in favour of insurance companies and investment funds);
- for payments related to bets and lotteries;
- for e-wallet top-up transactions;
- for donation payments in favour of charity, political organisations etc.;
- for acquisition of travel cheques, financial instruments, precious metals 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 in accordance with the clauses 2.8 and 3.2 provided that at the date of accrual the Client has no outstanding liabilities to the Issuer under the General Terms and Conditions of Business of the Issuer. If there are any outstanding liabilities, the Issuer shall be entitled at any time and without prior notification to the Client to debit the Client’s funds in the amount of such liabilities.
3.7 Accrual of Points for the Transactions in accordance with the Contract shall be performed by the Operator by increasing the amount of Client’s Points on the 10th date of the month following the accounting month. Crediting of the Client’s Card Account with funds is performed simultaneously with Disposal of Points.
Cancellation of Points3.8 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 shall be cancelled without paying any equivalent to the Client.
3.10 The Issuer shall be entitled to unilaterally and without any prior warning to the Client to use bonus Points to cover any outstanding liabilities of the Client to the Issuer.
Disposal of Points3.11 The Program allows Clients to dispose the Points to buy goods and services using the Card. All actions related to the changes of available Client’s Points balance within the Program are performed by the Operator at the moment of the execution of the Transaction.
3.12 Prior to the execution of the Transaction the Issuer shall verify the sufficiency of the Client’s Points for the execution of the Transaction and, if the 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 any time upon sending notification to the Issuer; such notification shall be treated as sufficient basis for the termination of participation. The Operator shall cancel all the bonus Points of the Client and stop accruing new Points. The Client shall not be entitled to receive any equivalent of the cancelled 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 clause 4.1;
- the Issuer and/or the Operator terminate the Program as specified 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 the Program at any time at their own discretion as follows:
- by posting notification at the webpage of the Issuer and/or at: https://blackcat.app/;
- 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 it is 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 the Issuer in accordance with the Contract.
4.5 In the event of suspension or termination of the Program under conditions specified in the clause 4.4 of these Terms, the Issuer shall notify the Client by sending SMS notification at the date of suspension or termination of the Program.
4.6 If, at the moment of termination of the Program, the Client has any unused bonus Points, such bonus Points shall be cancelled in full amount. If, at the moment of the termination of the Program, the Client has any outstanding liabilities to the Issuer, the Issuer shall be entitled to unilaterally and without prior notification to the Client use bonus Points and available funds in the Client’s Card Account to cover all such outstanding liabilities.
3. Calculation of Bonus Points
3. Calculation of Bonus Points