TERMS AND CONDITIONS

OVERVIEW

This website is operated by NXT Cards. Throughout the site, the terms “we”, “us” and “our” refer to NXT Cards. NXT Cards offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
Indemnification: By agreeing to these Terms of Service, you agree to indemnify, defend, and hold harmless NXT Cards, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable Legal’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - YOUR OBLIGATIONS

9.1 Compliance with Laws and Regulations: By using our services, you agree to adhere to all applicable laws and regulations of your residing Country and the United Kingdom. You affirm that your purchase of our products or services is solely for personal or household use, and not intended for resale or export.

9.2 Customer Representations and Authorizations: In engaging with NXT Cards, you represent and warrant that:
(a) You are either at least 18 years old or of legal age to form a binding contract.
(b) You possess authorized use of the credit or debit card provided to us.
(c) The information you have supplied to NXT Cards is complete and accurate.
(d) You grant NXT Cards permission to transfer all your card details, including the magnetic strip code and EMV chip, to a newly crafted card. You acknowledge that your original card will become non-functional post-transfer. You understand and agree that:
(i) Your physical card must be provided to NXT cards to process your order.
(ii) Your original card will be deactivated but returned to you.
(iii) Only one duplicate of your card will be created and sent to you.
(iv) Replacement of lost or stolen cards is solely the responsibility of your card issuer.
(v) NXT Cards does not operate as a card issuer or offer any credit facilities with this service.

9.3 Customer-induced Delays: If our service delivery is hindered or delayed by any action or inaction on your part, or that of your agents, subcontractors, consultants, or employees, such as late provision of your original card, NXT Cards will not be considered in breach of our obligations, nor liable for any resulting costs, charges, or losses incurred by you.

9.4 Additional Customer Responsibilities: You are obligated to thoroughly review and comply with your individual cardholder agreement. NXT Cards bears no responsibility for any breach of your cardholder agreement that may arise from or lead to its termination due to your use of our services. Additionally, safeguarding your card against loss or theft is your responsibility (refer to Section 9.2). NXT Cards does not provide replacements for lost, stolen, or demagnetized cards.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 12 - IDENTITY VERIFICATION

To ensure the security and integrity of our services, we may require customers to provide proof of identity and ownership of the bank cards being modified. This requirement may arise either before or after placing an order. By using our services, you agree to provide, upon request, valid identity documents (such as a government-issued ID or passport) and any additional documentation necessary to confirm your identity and your lawful ownership of the card in question. Failure to provide these documents when requested may result in the suspension or termination of your order or use of our services. We are committed to protecting your privacy and will handle all personal data in accordance with our Privacy Policy and applicable data protection laws.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall NXT Cards, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless NXT Cards and our parent, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable Legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - INTELLECTUAL PROPERTY RIGHTS

When using our Product Customiser, custom image upload feature, our design services, ordering designs over email, ("Design Services"), you agree to the following:

• Ownership & Authority: You confirm and guarantee that you are the owner of the content being used or that the content is in the public domain. You further affirm that you have the legal authority to reproduce and use the design being uploaded or requested.
• Permissions & Licenses: You confirm and guarantee that, where required, you have obtained all necessary permissions, releases, or licenses for any third-party intellectual property used with our Design Services.
• Proof of Permissions: You agree that, if requested by NXT Cards, you will promptly provide proof of all necessary permissions, releases, or licenses for any third-party intellectual property used with our Design Services.
• Third-Party Intellectual Property Claims: You confirm that you are not aware of any third-party intellectual property claims related to the content you are using with our Design Services.
• Content Violations: You guarantee that the content does not violate the rights of privacy or publicity of any third party, nor does it infringe on any moral rights. Furthermore, the content is not defamatory or obscene, does not contain illegal material, and does not contain material that insults or attacks any person based on their race, religion, national origin, sexual orientation, or similar characteristics.
• Indemnity: By using our Design Services, you agree to indemnify and hold NXT Cards harmless from any claim or demand due to the violation of these terms, including any claims alleging that the content violates any third-party intellectual property rights.
• Right to Refusal: NXT Cards reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion if we believe that the content conflicts with these terms or any applicable laws.
• Marketing Consent: By using our Design Services, you consent to NXT Cards potentially photographing and using the finished product for marketing and advertising purposes. NXT Cards will not use any customer-submitted images, trademarked logos, or copyrighted materials for profit or resale without express consent.
• Liability: In the event of any breach of these terms, you agree to bear all legal and financial responsibility arising from such a violation.
• User Responsibility: You acknowledge that you are solely responsible for all actions taken in relation to the content you use with our Design Services, including any damages, losses, or legal repercussions that might occur as a result of those actions.

SECTION 23 - USE OF PAYMENT NETWORK LOGOS

• Logo Display: The logos of payment networks such as Visa, Mastercard, or American Express ("Issuer Logos") that are displayed on our website or any other communication materials are for illustrative purposes only. The final product will not include these logos unless appropriate permissions are in place.
• Permission Requirement: Customers must provide explicit, written authorization from their bank or financial institution before we apply any Issuer Logos to custom cards. We reserve the right to verify the authenticity of such authorization.
• Assistance with Authorization: Upon receiving your order, we can assist in facilitating communication with your bank or financial institution to secure the necessary permissions. However, the responsibility for obtaining such permissions rests solely with you, the customer.
• Default Option: If no authorization for use of an Issuer Logo is provided, we will proceed to produce a card without any Issuer Logos.
• NXT Card Accounts: Customers who open an account with NXT cards will receive cards issued by Modulr Finance, which will bear the appropriate Issuer Logo as authorized.
• No False Representations: Customers are strictly prohibited from falsely representing that they have the necessary authorization to apply an Issuer Logo to a custom card. Any such false representation may lead to cancellation of the order and potential legal consequences.
• No Unauthorized Use of Trademarks: NXT Cards is committed to upholding the intellectual property rights of others. Under no circumstances will we apply any Issuer Logo, or any confusingly similar trademark, to credit or debit cards and goods related to financial services without the requisite authorization from the respective issuer or the institution authorized by the issuer. We strictly abide by this policy to respect and protect the trademarks of others.
• Indemnification for Unauthorized Use: By using our services, you agree to indemnify and hold NXT Cards harmless from any claims, losses, damages, liabilities, including Legal fees, arising out of your unauthorized use of Issuer Logos, your violation of these terms and conditions, or your violation of any rights of a third party or any applicable laws, rules or regulations.

SECTION 24 - CARD HOLDER/MEMBER AGREEMENT RESPONSIBILITY

By using our services to convert your plastic card into metal, you acknowledge and agree that you are solely responsible for any violations of your card issuer's card holder/member agreement or any other agreements you may have entered into with third parties. NXT Cards is not liable for any consequences, including but not limited to financial penalties, account closures, or any other actions taken by third parties, as a result of your use of our service.

SECTION 25 - ARBITRATION AND CLASS ACTION WAIVER

Any dispute or claim arising out of or in connection with these Terms of Service or your use of our services shall be settled by binding individual arbitration rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT AND MUST FOLLOW THIS AGREEMENT AS A COURT WOULD.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

SECTION 26 - CARD DATA SECURITY

NXT Cards is committed to maintaining the security and confidentiality of your card data during the conversion process. All card data is encrypted using AES-256 encryption on Apple silicon machines during the transfer process. We do not store any card data post-conversion. However, we retain a record of the bank, card issuer, and the last four digits of the card, in compliance with PCI standards. After the conversion is complete, all card data is subjected to a bit-level wipe to ensure its secure disposal. Our top priority is to handle your data with the utmost care and security.

SECTION 27 - LIMITATIONS OF SERVICE

NXT Cards offers two conversion options:

• Full metal non-contactless: This option will disable the contactless functionality of the card.
• Full metal contactless: This option will retain the contactless functionality depending on the EMV chip.

Customers should be aware of the type of conversion they are opting for and its implications. Our metal cards follow international standards for card sizes and should be compatible with all card readers and ATMs. However, we are not liable for any malfunction of an ATM that results in it retaining the card. Such issues would require our card care warranty. Customers are encouraged to familiarize themselves with these considerations when choosing our service.

SECTION 28 - INDEMNIFICATION (EXPANDED)

You agree to indemnify, defend, and hold harmless NXT Cards and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim, demand, loss, liability, or expense (including legal fees) arising out of or related to your use or misuse of the metal cards, your breach of these Terms of Service, or your violation of any law, regulation, or rights of any third party. This includes, but is not limited to, any malfunction or issues arising from ATM or card reader interactions.

SECTION 29 - RESPONSIBILITY FOR ORIGINAL CARDS

After the conversion process, the original plastic cards are returned to the customers in a tamper-proof envelope. This ensures the protection and privacy of your original card. Customers should inspect the tamper-proof envelope upon receipt to ensure its integrity.

SECTION 30 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@nxtcard.co.

Our contact information is posted below:

hello@nxtcard.co.

UK:
NXTCARDS LTD
1 Fishwick Park, Mercer Street, (Rhodi Building),
Preston, England, PR1 4LZ
15478030