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.
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.
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:
In your child’s account, your child may use Mellow App to carry out some or all of the following services:
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:
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.
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:
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.
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.
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.
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:
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.
Mellow App is free to use. We support our Mellow App development by serving advertising to you through our website and Mellow App.
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.
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.
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 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.
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.
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:
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.
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.
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]