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terms & conditions

Effective: Apr 23 2019

This Terms and Conditions sets out the terms and conditions that apply in connection with your use of Mellow App Limited’s (“Mellow”) website, mobile application (“Mellow App”) and pre-paid cards distributed by Mellow (“Pre-paid cards”) (collectively, the “Services”). You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and Global Cash’s terms and condition and you have agreed to both of them. For the purposes of this Terms and Conditions, ‘we’, ‘us’ and ‘our’ refers to Mellow, and ‘you’ refers to you and your child, the user of our Services.

We may make changes to these Terms and Conditions at any time without informing you in writing. Any changes made to these Terms and Conditions would be uploaded on our website and Mellow App which will be effective immediately. You are encouraged to check our website regularly for any changes to these Terms and Conditions.

Ability to Accept Terms and Conditions

This Terms and Conditions applies to any person, child or adult requesting access to or using our Services.

If you are under the age of 18, your parent or guardian must accept this Terms and Condition on your behalf before you can use our Services. We encourage you to regularly monitor and supervise your child’s use of our Services.

Mellow App Services

You and your child would be able to access Mellow App and use our Services once you have signed up for a parent account and a sub-account for your child.

In your parent account, you may use Mellow App to carry out some or all of the following services:

  • Apply for the Pre-paid Cards;
  • Check the balance of your parent and child account;
  • Check the transaction records of your parent and child account;
  • Encourage your child to save money by setting out interest rates. The interest earned by your child would be deducted from your parent account;
  • Set spending budgets to your child’s account;
  • Get instructions on to facilitate top up of your parent account;
  • Assign tasks for your child to complete and reward your child for completing the tasks
  • Learn how to create good financial habits for your child by reading articles provided by our educational partners;
  • Track your child’s balance, savings, spending and achievements for completing tasks. Our easy-to-see charts will allow you to learn insights on your child month-to-month progress on savings, goals and spending categories; and
  • Enable other features such as suspension / freezing of your Pre-paid Cards, enabling ATM withdrawals on your Pre-paid Cards and etc.

In your child’s account, your child may use Mellow App to carry out some or all of the following services:

  • Set their monthly goals in terms of how much they can save and earn;
  • Request tasks to do and be rewarded by you;
  • Create a wish list of items and learn how much money they will need to save to buy that item;
  • Check their cash balance
  • Track their spending
  • Review their analytics on savings, spending and achievements;
  • Learn financial terms and habits by reading articles provided by our educational partners; and
  • Enable other features such as suspension / freezing of your Pre-paid Cards, enabling ATM withdrawals on your Pre-paid Cards and etc.

You may use Mellow App without using the Pre-paid Card. However, we highly recommend using the Pre-paid Card with Mellow App which will help you accurately track your child’s:

  • Cash balance and savings;
  • Interests earned by saving;
  • Money earned by your child by completing tasks assigned by you;
  • Statistics on goal setting and achievements; and
  • Spending categories.

Once we have applied for the Pre-paid Card, we will send the card to you through the mail. To use the Pre-paid Cards, you must activate the card and link it to the relevant parent account and child account as the user on Mellow App.

Issuer of the Pre-paid Cards

ePaylinks Technology Co., Limited (“Global Cash”) is the issuer and processor of the Pre-paid Card associated with our Services. We do not offer pre-paid cards or any other stored value facility. Global Cash is regulated and licensed by the Hong Kong Monetary Authority (“HKMA”) as a stored value facilities licensee. For more details about the stored value facility license, please refer to https://www.hkma.gov.hk/eng/key-functions/international-financial-centre/regulatory-regime-for-svf-and-rps/regulation-of-svf/register-of-svf-licensees.shtml

Please read the Global Cash’s terms and conditions carefully, since it states important terms such as:

  • Characteristics of different types of pre-paid cards
  • Know your client requirements for each pre-paid card
  • Usage of pre-paid cards
  • Suspension, termination, cancellation and return of pre-paid card
  • Fees schedule and charges

By using the Pre-paid Cards, you acknowledge and agree to the terms and conditions as stated in Global Cash’s website at: http://www.globalcash.hk/foot_service.html.

Merchants that Accept the Pre-paid Cards

The Pre-paid Cards allows the user to shop globally from merchants that accepts Mastercard.  All purchases are deducted directly from your Pre-paid Card and cannot exceed the amount loaded in your Pre-paid Card. You can feel safe that your child cannot spend more money that is loaded on their Pre-paid Card. Mellow cardholders can also withdraw money directly from ATM machines. For more details on where the Pre-paid Card can be spent and the fees charged by Global Cash,  please refer to Global Cash’s website: https://www.globalcash.hk/foot_about.html.

Transferring Money to Your Pre-paid Card

You may transfer money to your Pre-paid Cards by following the instructions stated in the Mellow App. We will display your cash balance of the parent and child account by requesting the information from connecting to Global Cash. When you transfer money from your parent account to your child’s account on Mellow App, you permit us to instruct Global Cash to deduct money from your parent account and transfer the sums to your child account.

Identification Requirement for the Pre-paid Cards

The Pre-paid Card is a stored value facility card which is regulated by the HKMA. As such, Global Cash and Mellow must comply with the standards, guidelines and laws set out by the HKMA. We are required to obtain and verify your identity to comply with know your customer, anti-money laundering and counter terrorist financing requirements.

There are three tiers of the Pre-paid Card:

  1. Unregistered Card means that the cardholder does not need to provide identity documents and personal information, but only provides a mobile phone number.
  2. Real-name Registration Card means that the cardholder has provided valid identity documents, personal information and mobile phone number.
  3. Real-name Authentication Card means that the cardholder has provided valid identity documents, personal information, mobile phone number and bank account information.

The Unregistered Card and Real-name Registration Card will have a transaction limit. Once you have exceeded the transaction limit of your Pre-paid Card, you will be required to provide further personal information to continue to use your Pre-paid Card.

You must provide your telephone number to apply for the Pre-paid Cards.

Each telephone number can apply up to three Unregistered Cards or two Real-name Registered Cards/Real-name Authentication Card and have one Unregistered Card.

Our Fees

Mellow App is free to use. We support our Mellow App development by serving advertising to you through our website and Mellow App.

Fees charged by Global Cash

Global Cash charges you fees for the use of their services. For details of the fees charged by Global Cash, please refer to: http://www.globalcash.hk/foot_giftCard.html.

Expiry and Cancellation of the Pre-paid Cards

The validity period of the Pre-paid Cards is three years from the manufacture date. We may choose to extend the validity period of the Pre-paid Cards with Global Cash. We will notify you, three months before the expiry period, to apply for a new card (your balance would be transferred to the new card) or cancel your card and arrange a refund. If the Pre-paid Card is expired, your balance cannot be retrieved.

You can cancel the Pre-paid Cards by writing to us. We will notify Global Cash to cancel the Pre-paid Cards and arrange a refund. Global Cash will charge a fee for canceling and refunding the Pre-paid Card. Please refer to Global Cash’s website on their charges on cancelation and refund: https://www.globalcash.hk/foot_giftCard.html.

Your Responsibilities

  • You are responsible for complying with the terms and conditions provided by Global Cash in order to maintain the continued validity of your Pre-paid Cards;
  • We cannot guarantee that the application for Pre-paid Cards will be made successfully;
  • We are not liable for the refusal by any merchant to accept your Pre-paid Cards as a form of payment;
  • We are not responsible for authorizing, validating or effecting any transaction or crediting any refunds to your Pre-paid Card account;
  • You must not infringe our intellectual property rights or those of any third party in relation to your use of our website, Mellow App or Services;
  • You must not use our website, Mellow App and Services that could damage, disable, overburden, impair or compromise or services, systems or security or interfere with our users;
  • You must not use collect or harvest any information from any of our Services or attempt to decipher any transmissions to or from the servers running any our Services;
  • You warrant that all the information you provide to Mellow for the purpose of signing up a Mellow account, applying for Pre-paid Cards for you and your child is true, accurate, current, complete and not misleading. You must promptly update us of any changes to you and your child’s information;
  • When you sign up for a Mellow account, you must choose a password. Your child will be able to choose their own password. This must also be kept safe and not disclosed to anyone other than you, as parents or guardian. You must keep your password secure and accept all risks of unauthorized access to your account;
  • The holder of the Pre-paid Card is allowed to spend the money stored in the card. You accept all responsibilities for all losses if you or your child’s Pre-paid Cards is lost, stolen or misused by third parties. If you lose your Pre-paid Cards, please notify us or contact Global Cash; and
  • You represent that your use of our Services will not involve use in connection with any unlawful or otherwise undesirable activity (as determined by our absolute and sole discretion), including, but not limited to dealing in gambling, money laundering, terrorist financing, fraud, or any other financial crime.

Our Liabilities

  • We cannot guarantee that our website and Mellow App and its content is free from interruptions, viruses, worms or other harmful codes and that no damage will occur to your device. In the event that our website, Mellow App, computer servers are breached, you acknowledge that we cannot be held liable.
  • We assume no responsibility for the content on our website, Mellow App or any links to third party software, websites or services that may be offered through Mellow App (including those provided by Global Cash). The ability to access such links, software or services should not be interpreted as an endorsement by Mellow. Mellow is not be liable for any loss or damage that may arise from you accessing or using such links, software or services;
  • We display information (such as the cash balance, transaction records of your parent and child account) in Mellow App by connecting to Global Cash’s data feed. You acknowledge that the information displayed in our website and Mellow App is solely prepared for your convenience and may not fully and accurately reflect your balance and all transactions on your Pre-paid Cards which may be due to difference in time zones or settlement procedures. We cannot guarantee that the information provided in Mellow App and our website is free from errors.
  • We cannot be held liable for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. The total liability of Mellow for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use our Services. In all cases, Mellow, will not be liable for any loss or damage that is not reasonably foreseeable.

Ownership

All of the content of our website, including but not limited to our logo, name, slogan and all designs, text, graphics, pictures, information, data, software, mobile application, sound files, other files (“Mellow Properties”), is owned by us and is protected by copyright laws.

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our website and Mellow App for the sole purpose of using our Services for your personal purposes. The rights granted to you in these Terms and Conditions are subject to the following restrictions:

  • you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Mellow Properties;
  • you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Mellow Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law;
  • you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in our website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • you shall not access our website and Mellow App in order to build a similar or competitive website, application or service; and
  • except as expressly stated herein, no part of Mellow Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Indemnity

You will hold harmless and indemnify Mellow and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of our Services or violation of these Terms and Conditions, including any liability or expense arising from any claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Privacy Policy

Our Privacy Policy explains how we use and protect your Personal Data that you provide to us. By using our Services, you agree that Mellow can use such data in accordance with our Privacy Policy.

Termination

We have the right to suspend or terminate your access to our Services at our discretion and without giving any notice. Reasons for suspension or termination may include:

  • You breach these Terms and Conditions;
  • You fail to make payment that is due to us;
  • We have reason to suspect that you are engaged in illegal activities such as money laundering; and
  • You fail to provide information about yourself to check your identity.

If you break any of these Terms and Conditions, or if liabilities are incurred as a result of your use of our Services, you will be responsible for the costs and expenses, including legal fees, that we, or our employees, officers, directors or agents incur as a result. This will include any costs that result if someone else uses your personal information, or your Mellow account, unless you can prove that it has been used fraudulently.

Governing law

These General Terms and Conditions will be governed by and construed in accordance with the laws of Hong Kong and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Hong Kong to settle any disputes which may arise out of or in connection with these Terms and Conditions.

Contact us

If you wish to contact us, please contact:

Teresa Chan
Co-Founder of Mellow
Room 28, Level 5, Core F, Cyberport 3, Hong Kong
[email protected]