TERMS AND USE


 

GENERAL TERMS AND CONDITIONS
Version 3; dated 01/12/2023

We have updated our Terms and Conditions. Please read and accept the new and enhanced Responsible Gaming policies. Play responsibly and enjoy your gambling experience with us!

1. REGISTERING A USER ACCOUNT
1.1. To use the Services, meaning all products and services available on the LOPOCA Website, you must first register a User Account via the LOPOCA Website.
1.2. A list of prohibited territories can be found on the website of the Financial Action Task Force (FATF) at http://www.fatf-gafi.org/  in the section on high-risk and other monitored jurisdictions.
1.3. Only persons that are over eighteen (18) years of age (or the minimum age applicable in the country in which the person resides at the time of registering, whichever is greater) may register.
1.4. Only physical/natural persons may register solely for personal use. You may not register on behalf of anyone else.
1.5. You may not register and/or use the Services if you have been excluded or have excluded yourself from gambling (e.g., any active self-exclusion).
1.6. Registration is always free of charge.
1.7. When registering you will be asked to choose a username. You may choose your own password. LOPOCA may, however, impose certain criteria concerning the safety of your password. You agree to keep your login details secret and confidential and not to allow anyone else to use your User Account. If you suspect that someone other than yourself becomes aware of your login details, you are required to immediately change them and report a possible breach of security to the LOPOCA Support Team. LOPOCA is not responsible for any abuse or misuse of your User Account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party, which is not LOPOCA’s fault.
1.8. You will be asked to provide various information about yourself that LOPOCA is legally required to ask you and/or which LOPOCA needs for the provision of the Services in accordance with the Terms of Use (Know-Your-Customer Procedure- KYC).
1.8.1. Any information you provide must be true, complete, and accurate.
1.8.2. The information that you will be asked for includes, without limitation, your first and last name, address, country of residence, e-mail, gender, date of birth and telephone number, passport, identity card or driver’s license, picture of yourself while holding your identity document next to your face, proof of address not older than three (3) months (gas, water, electricity, telephone or credit card bill), bank statement, copies of payment method (e.g. copy of front and back of credit card), excerpt of registry of residence, information and documents regarding your occupation and source of funds/wealth and further information.
1.8.3. Within seventy-two (72) hours of making your first deposit to your Gaming Account the above outlined verification checks must be completed to the satisfaction of LOPOCA, otherwise your User Account may be terminated at LOPOCA’s sole discretion. In this seventy-two (72) hour period Users may use the Service but cannot make withdrawals.
1.8.4. You are obliged to ensure that the details and information you have provided to LOPOCA are always kept up to date. You may change the details you provided during registration by editing your User Account preferences or contacting the LOPOCA Support Team. LOPOCA reserves the right to ask you to present official documents or other information to prove your identity as required or to confirm any changes.
1.9. By registering a User Account on the Website, the Terms of Use apply.
1.10. It is in LOPOCA’s sole discretion whether to accept your registration or not. LOPOCA is not required to give any reason for a refusal of your registration. In any case, LOPOCA will inform you about its decision by sending you an e-mail to the e-mail address you provided during registration. Furthermore, if your registration is refused any contractual obligations already made by LOPOCA will be honoured.
1.11. You may only have one User Account. This means that you are prohibited from registering a new User Account if you already have one. In case you have forgotten your login details, you may contact the LOPOCA Support Team or use the “forgot password” function on the Website.
1.12. You may not sell, otherwise grant or transfer your User Account or any right, claim or title connected to it to another person or acquire another person’s User Account or any right, claim or title connected to it. You may also not transfer any funds from your User Account to another.

2. ACCOUNTS
All Users have a Gaming Account where they may deposit funds to use the Services.
All rules regarding the User Account affect the Gaming Accounts well as the Benefit Account. This especially applies to all rules regarding closure, suspension, or termination.
3. USE OF THE SERVICES, DEPOSITS
3.1 Use of the Services requires you to have sufficient Credits in your Gaming Account. For the avoidance of any doubt, LOPOCA does not provide Services to Users on credit. To have Credits in your Gaming Account, you need to deposit funds to your Gaming Account.
3.2 LOPOCA may charge assigned fees for processing deposits. In such cases, these fees shall be visible during the deposit process.
3.3 Deposits can be made via various payment methods offered on the Website. Please also refer to the deposit and withdrawal section on the website
for further information relating to the payment methods available, fees and processing times. The payment methods offered on the Website may change from time to time. LOPOCA will always try to offer you multiple different payment methods but does not guarantee any specific payment method to be available at any time in which you may choose to make a deposit.
3.4 LOPOCA is not a financial institution and funds credited especially to your User, the Gaming or Benefit Account will not bear any interest.
3.5 When making a deposit, you shall be responsible to use a payment method that is registered in the same name as the name you provided during registration. If you deposit or receive funds from a bank account not in your name, those funds will be returned to the bank account they originated from, after deduction of 3% of the funds, up to a maximum of EUR 25,00, in administrative fees.
3.6 LOPOCA reserves the right to process your deposit only after you have presented to LOPOCA official documents that prove your identity and/or other documents requested by LOPOCA.
3.7 For deposits, you shall not use any funds that originate from an illegal or criminal or unauthorized activity and you shall not use your Gaming or Benefit Account to participate in illegal or criminal or unauthorized activities. You shall in particular not use your Gaming or Benefit Account as a money transmission service or for any activity that could be deemed to constitute money laundering under the laws of any jurisdiction that apply to LOPOCA, LOPOCA’s service partners, affiliates or yourself.
3.8 You will be liable for any cancellation fees, fees for chargebacks, reverse posting and similar costs that are incurred for incorrect payments. If your Gaming or Benefit Account holds a sufficient balance, such amounts will be deducted from your Gaming or Benefit Account. LOPOCA reserves the right to conduct investigations at LOPOCA’s sole discretion and to contact the payment service providers you have used and/or yourself to learn about the circumstances for any incorrect payments. LOPOCA reserves the right to take further action in accordance with the Terms of Use and LOPOCA’s legal responsibilities if LOPOCA learns or suspects that the payments may be connected to any illegal activities or that they constitute a breach of the Terms of Use.
3.9 Should deposits be accepted and shown on your Gaming Account and should LOPOCA at a later stage be notified by a payment service provider that the transfer has to be reversed for any reason whatsoever, LOPOCA reserves the right to take further action in accordance with the Terms of Use and especially suspend or void any wagers already placed.
3.10 The use of any unfair methods is strictly prohibited.
3.10.1 Unfair methods in connection with the use of the Services include but are not limited to any:
• participation in collusion schemes with other Users (e.g., chip dumping);
• fraudulent activities;
• misuse of User Account, including but not limited to the provision of false information or registration of multiple User Accounts;
• exploitation of fault, loophole or error;
• criminal activity, including but not limited to match-fixing or fraud;
• use of any unfair systems or aids, including but not limited to scripts, software, hardware, bots and similar devices;

3.10.2 In case LOPOCA has reason to suspect the use of unfair methods, it has the right to suspend or terminate your User Account and withhold and/or forfeit any balances on your User Account. LOPOCA reserves the right to conduct internal investigation and proceed on a case bycase basis.
3.10.3 In any case of a violation and in order to protect the safety and security of the Services, LOPOCA reserves the right to pursue criminal prosecution in addition to any other rights LOPOCA has pursuant to the Terms of Use and applicable laws.
3.10.4 Users agree to indemnify and hold harmless LOPOCA and any third party involved in the performance of the Services of any and all consequences resulting from actions taken according to this Section.
3.11 Any use of a Service can only be accepted when your Gaming Account holds sufficient funds. In the event that the use of a Service is accepted despite your Gaming Account not holding sufficient funds, including without limitation cases in which a technical error occurs, the use of the Service shall be deemed invalid and as if it had never occurred.
3.12 You may use Services only in your own name and for your own User Account. Any use of a Service for or on behalf of any third party, including but not limited to other Users or companies or pools or syndicates, is strictly forbidden.
3.13 You may not purchase or acquire Services in which you are involved directly or by association. The same applies to Services relating to events regarding which you have knowledge relating to the outcome that is not publicly available at the time of your purchase or acquisition.
3.14 LOPOCA holds no liability for any malfunctioning or aborted Services. You shall immediately contact the LOPOCA Support Team at support@lopoca.com if you find that a Service malfunctions in any way. LOPOCA will review the matter and decide on how to handle it and whether or not you shall receive any compensation of any kind at LOPOCA’s sole discretion.
3.14.1.1 LOPOCA reserves the right to change, amend or terminate the Services or parts of them at any time, at LOPOCA’s sole discretion and without giving notice. LOPOCA will honour any commitment made prior to such change, amendment or termination taking effect in accordance with the Terms of Use.

4 ERRORS, MALFUNCTIONS AND MAINTANANCE
4.1 LOPOCA will use its best efforts to ensure access to the Website and the Services at all times but does not represent or warrant or otherwise guarantee that the Website or the Services will be available at any specific time, without interruptions, safe to use, or free of any errors.
4.2 If LOPOCA mistakenly credit your Gaming or Benefit Account with any amounts, including, without limitation, any winnings that do or should not belong to you, whether as a result of a technical or human error, or otherwise, the respective amount will remain the property of LOPOCA and LOPOCA reserves the right to reclaim it, wholly or in part, from your Gaming or Benefit Account, at any time. If, prior to LOPOCA becoming aware of such an erroneous crediting of balance to your Gaming or Benefit Account, you have withdrawn the amount that does not belong to you and the balance left in your Gaming or Benefit Account is not sufficient for LOPOCA to claim the full amount you owe to LOPOCA from your Gaming or Benefit Account, then, without prejudice to other remedies and actions that may be available to LOPOCA by law, the mistakenly paid amount shall constitute a debt owed by you to LOPOCA. In any case, you shall always report any mistakenly credited amount to your Gaming or Benefit Account to LOPOCA immediately.
4.3 In any case of malfunctions and errors in the Services, such as obvious errors or misprints, technical errors, human or systematic errors, and unless specifically stated otherwise within the Terms of Use, any wagers placed and any winnings or bonuses arising from the use of the malfunctioning or erroneous Services may be cancelled and may be considered null and void. In any such cases the User Account may be returned to the balance prior to the occurrence of any malfunctions or errors.
4.4 LOPOCA may, in its sole discretion, cancel all outstanding transactions in order to perform technical maintenance.

5 WITHDRAWALS
5.1 You may, at any time, request a withdrawal of the current balance in your Gaming Account or part thereof, provided that all incoming deposit payments have been confirmed and all amounts deposited into your Gaming Account have been turned over at least once, unless special rules apply, and that all necessary checks, especially regarding KYC and AML, have been completed to the satisfaction of LOPOCA. Withdrawals will be declined if the credit deposited to your Gaming Account has not been used in any Services.
5.2 You may, at any time, request a withdrawal of the current balance in your Benefit Account or part thereof, unless special rules apply, and provided that all necessary checks, especially regarding KYC and AML, have been completed to the satisfaction of LOPOCA.
5.3 Withdrawals can be made via various payment methods offered on the Website. Please also refer to the withdrawal section for further information relating to the payment methods available, fees and processing times.
5.4 The payment methods offered on the Website may change from time to time. LOPOCA will always try to offer you multiple different payment methods but does not guarantee any specific payment method to be available at any time in which you may choose to make a withdrawal. When making a withdrawal, you shall be responsible to use a payment method that is registered in the same name as the name you provided during registration. LOPOCA reserves the right to deny your request to make a withdrawal if the payment method you have chosen differs from the one or those you have used to make deposits into your Gaming Account. If the payment method you have used to make deposits does not offer the possibility to receive credits, LOPOCA reserves the right to remit the requested withdrawal to a bank account that is registered in your name.
5.5 LOPOCA reserves the right to process your request to make a withdrawal only after you have presented to LOPOCA official documents that prove your identity (e.g., ID card, passport, driver’s license, etc.).
5.6 LOPOCA reserves the right to refuse withdrawals at LOPOCA’s own discretion on the basis of best practice in the prevention of money laundering. LOPOCA may contact you and/or other Users as LOPOCA deems appropriate for more information in regard to the requested withdrawal and to make the decision LOPOCA finds most reasonable and practical.
5.7 The payment managers employed by LOPOCA will carry out additional verification procedures for any pay-out exceeding the equivalent of one thousand euro (€1,000) or cumulative withdrawals of two thousand euro (€2,000) or whenever they deem necessary. The value of cumulative withdrawals is calculated on the basis of a rolling period of one hundred and eighty (180) days. LOPOCA further reserves the right to carry out such verification procedures also in case of lower pay-outs. Such verifications may for example include copies of the User’s passport and/or copies of the User’s utility bills.

6 EXCEPTIONAL CIRCUMSTANCES
6.1 Unexpected technical problems or circumstances outside the control of LOPOCA such as technical problems at third party providers, allows LOPOCA to cancel bets and give refunds to Users.
6.2 LOPOCA has the right to limit, cancel and refuse wagers.
6.3 If a refund is decided upon, the amount of the refund shall be returned to the User’s Gaming Account, the User shall be informed, and the procedure finalized within forty-eight (48) hours after the decision has been made.
6.4 In the case that a Service is stuck in a state where it cannot be finished, for example a connection loss while playing, LOPOCA has the right to ‘clean up’ such bets at a regular basis and refund the bet/wager to the User’s Gaming Account. This is performed on a monthly basis. If the Service has been aborted or miscarried on the server, the User should be refunded.
6.5 If a Service contains a bug or misconfiguration that causes incorrect behaviour or pay-out, LOPOCA has the right to remove the Services and alter Users’ balances and Gaming Account details to correct the mistake.
6.6 LOPOCA is not liable for any downtime, server, disruptions, lagging, or any technical or political disturbance to the Services. Refunds may be given solely at the discretion of the management.


7 CLOSURE, SUSPENSION OR TERMINATION OF USER ACCOUNT

7.1 Closure of User Account by Users
7.1.1. You may, at any time, close your User Account by contacting the LOPOCA Support Team.
7.1.2. Should LOPOCA suspect any violation of the Terms of Use, LOPOCA has the right to proceed in accordance with the rules regarding suspension or termination of User Accounts and withhold and/or forfeit any balances on your User Account. LOPOCA reserves the right to conduct internal investigation and proceed on a case-to-case basis.
7.2. Suspension and Termination of User Account by LOPOCA
7.2.1. LOPOCA reserves the right to suspend and/or terminate your User Account at LOPOCA’s sole discretion at any time and without being required to give prior notice. In such an instance, contractual obligations already made by LOPOCA to you will be honoured.
7.2.2. When suspending a User Account, LOPOCA may restrict access to your User Account including access to Services and possibility of withdrawals.
7.2.3. When terminating a User Account, LOPOCA will close the User Account permanently and any balances on your User Account will be dealt with on a case-to-case basis depending on the reason for termination.
7.2.4. The Terms of Use include specific cases where LOPOCA may suspend and/or terminate a User Account. In any case, LOPOCA reserves the right to suspend and/or terminate your User Account especially if LOPOCA suspects or becomes aware of one of the following circumstances:

• violation of Terms of Use;
• use of unfair methods;
• LOPOCA for legal or technical reasons is not able to continue to provide its Services to you;
• failure to provide documents or information necessary for LOPOCA to be able to provide the Services;
• LOPOCA suspects that you may be bankrupt or are facing any financial difficulties;
• LOPOCA suspects that you have translated, reverse engineered, disassembled, adapted, decompiled or otherwise modified or created derivative works based on any part of the software owned and/or used by LOPOCA or attempted to discover any part of the source code of the software owned and/or used by LOPOCA;
• death of User;
• LOPOCA suspects that professional rules and regulations prohibit you from placing any wagers in the Services or parts thereof;

7.3. If your User Account has been closed or terminated, you may not attempt registering a new User Account for at least six (6) months after your User Account was closed or terminated.
7.4. If you breach any provision of the Terms of Use or LOPOCA has a reasonable ground to suspect that you have breached them, LOPOCA reserves the right not to open, to suspend and/or to terminate your User Account, or withhold and/or forfeit any Credits on your Gaming Account or Benefit Account, such as deposits, winnings, bonuses and Benefits, and use these Credits to set-off against any (potential) claims against you.
7.5. You acknowledge that LOPOCA’s decision regarding the facts resulting in a suspension and/or termination of your User Account is final, not challengeable and binding to you.

8. FORFEITURE OF BALANCE
8.1 LOPOCA reserves the right to forfeit any balance in your Gaming or Benefit Account and/or Pending Services, including but not limited to Credits, pending bets or winnings, in case of suspension and/or closure of your User Account, especially if LOPOCA has established or find to have reasonable grounds to believe that
8.1.1 You have more than one User Account;
8.1.2 Your name and details do not match the name and details on the payment methods selected to use the Services;
8.1.3 You have provided incorrect or misleading information at registration and/or at any time after the registration of your User Account and have not corrected such information immediately;
8.1.4 You have failed to submit the verification documents or other documents necessary to provide the Services LOPOCA asked you to provide within the required and/or reasonable timeframe;
8.1.5 You are not of legal age to use the Services;
8.1.6 You have accessed and participated in the use of Services from a jurisdiction where participation in the use Services is prohibited by law;
8.1.7 You have deposited funds originating from or connected to criminal or other illegal or unauthorized activities;
8.1.8 You have participated in inappropriate or offensive behaviour against LOPOCA or any third party in connection with the use of the Services or the Website.
8.1.9 You have defrauded or attempted to defraud LOPOCA or any third party in connection with the use of the Services,
8.1.10 You have used or attempted to use any unfair methods or similar;
8.1.11 You have allowed or otherwise enabled someone else to use your User Account;
8.1.12 You have used the Services on behalf and/or for the account of someone else
8.1.13 You have, during the time in which you have a User Account or in the three (3) years prior to registration, played at any other online gaming site and have acted against any of the aspects as described in this Section; and/or
8.1.14 You have otherwise violated the Terms of Use.
8.2 In the event that LOPOCA has reasons to believe that you are abusing or attempting to abuse any of its Services, or are likely to benefit, through abuse or lack of good faith, from a policy LOPOCA has adopted, LOPOCA may, at LOPOCA’s sole discretion, deny, withhold, cancel, purchase, claw back or withdraw from you any funds or credits on your User, Gaming or Benefit Account, or, if applicable, close or suspend your User Account without prior notice.
8.3 You have the right to appeal to LOPOCA within thirty (30) days of being notified of any measure pursuant to this section. Failing to submit your appeal within this period will be deemed as your approval of the respective measure.

9. INACTIVE USER ACCOUNTS
9.1. An Inactive Account is a User Account, which has not recorded any login in the last three (3) months.
9.2. Prior to your User Account becoming an Inactive Account, you will receive a notification by email with at least 30 days’ notice in which LOPOCA will inform you that your User Account is about to become an Inactive Account if you fail to login in time.
9.3. After the User Account becoming an Inactive Account, LOPOCA will charge an administration fee of EUR 5.00 per month to the balance of an Inactive Account until no balance remains in the Inactive Account.

10. INTELLECTUAL PROPERTY
10.1. All trademarks, service marks and/or trade names and any other similar marks used on the Website are the exclusive property of LOPOCA, its partners, subsidiaries, affiliates and/or licensors. All other materials used on the Website, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, texts and any intellectual property rights in and to any of the same are owned by LOPOCA, its partners, subsidiaries, affiliates and/or licensors and are protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without LOPOCA’s written permission.
10.2. All trade names, trademarks, logos, slogans, domain names, copyrights, applications, registrations, registerable rights of any nature, moral rights, inventions and improvements to inventions, customer lists, trade secrets, know-how, confidential information and any other intellectual property used or developed by LOPOCA, are proprietary to LOPOCA its partners, subsidiaries, affiliates and/or licensors.
10.3. If you use any of these contents mentioned in this Section without prior written authorization from LOPOCA (unless LOPOCA has provided material specifically to you for doing so), you will be in breach of the Terms of Use and may risk termination of your User Account and/or forfeiture of Credits, dependent on the level of breach.
10.4. By submitting any contents, such as comments, support tickets, reports, ideas for improvements or designs, photographs, audio-visual materials or similar, to LOPOCA in whatever way, Users grant LOPOCA a transferable (sub-licensable), non-exclusive, universal, and unlimited right to exploit (in particular copy, distribute, rent and make available), edit and use these contents.


11. RESPONSIBLE GAMING
11.1. You shall always use the Website and the Services responsibly.  
Please refer to LOPOCA’s “Responsible Gaming” section on the Website to find out more about the risks of gambling addiction and where to find help.
11.2. You may not use the Services if you have been diagnosed with problematic gambling behaviour or are undergoing treatment for gambling-related problems. You shall inform LOPOCA immediately in any such event. User Accounts of such Users will be terminated in accordance with these Terms of Use and these Users are prohibited from registering a new User Account with LOPOCA. 
11.3. You may at your discretion choose to exclude yourself from using our Services on the Website for a definite or indefinite period. To request such a self-exclusion, you may either use the “Self-Exclusion” function under User profile, Responsible Gaming menu “Self-Exclusion” or send an e-mail to the LOPOCA Support Team at support@lopoca.com with “self-exclusion” in the reference-line. 
11.4. If you would wish to remove a definite period of self-exclusion, such change will take place automatically after the selected period has elapsed. In case of an indefinite self-exclusion, you must request this by contacting the LOPOCA Support Team (responsiblegaming@lopoca.com) and such change shall only take place after seven (7) days of additional cooling-off period. 
11.5. LOPOCA will use all reasonable efforts to execute your self-exclusion request as soon as possible. Delays in the implementation may occur due to technical and organizational circumstances. The self-exclusion mode will only be considered as implemented when and once it has been fully implemented by LOPOCA and you have received a corresponding notification. Until such time, you will be responsible for your use of the Services and to report that your self-exclusion has not yet been implemented. 
11.6. A fully implemented self-exclusion can under no circumstances be lifted for at least seven (7) days. After this self-exclusion period has lapsed, you may send the LOPOCA Support Team an e-mail to responsiblegaming@lopoca.com with an explanation and ask LOPOCA to lift the self-exclusion. Unless you specifically instruct LOPOCA to act otherwise within your e-mail, LOPOCA will lift the self-exclusion and all restrictions it entails entirely, after asking you to provide answers to a questionnaire.
11.7. Daily, weekly, monthly Loss Limits for each of our Services are available on the Website under User profile, Responsible Gaming menu “Loss Limits” and can be set accordingly by the User. Once a Limit is reached, you will not be able to play on that Product again until your Limit resets and the set period has elapsed. Reduction of Limits is applied instantly, however Limit increase or removal will take effect after seven (7) days have passed after your request.
11.8. Daily, weekly, monthly
Deposit Limits are available on the Website under User profile, Responsible Gaming, menu “Deposit Limits” and can be set accordingly by the User.
Once the Limit is reached, you will not be able to deposit until your Deposit Limit resets and the set period has passed. You can decrease your Deposit Limit and such change will be applied instantly, however Limit increase or removal will take effect after seven (7) days have passed after your request.

12. ANTI-MONEY LAUNDERING (AML)
12.1. LOPOCA conducts Know-Your-Customer Procedures (KYC). The information that you will be asked for includes, without limitations, the information listed in Section 1.8.2. of these General Terms and Conditions.
12.2. LOPOCA requires Users to disclose documentation identifying the Source of Funds as well as the Source of Wealth as deemed necessary by LOPOCA. Until the relevant documentation is completed to the satisfaction of LOPOCA and the User has provided any documentation requested by LOPOCA, LOPOCA is entitled to restrict your User Account in any manner deemed appropriate until the documentation is completed satisfactorily.
12.3. It is unlawful to deposit money from ill-gotten means
12.4. All transactions shall be checked in order to prevent money laundering. LOPOCA shall report any suspicious transactions to the relevant competent authorities in Malta. If you become aware of any suspicious activity relating to any of the Services of the Website, you must report this to LOPOCA immediately.
12.5. LOPOCA may suspend, block or close a User Account and withhold funds if requested to do so in accordance with the Prevention of Money Laundering Act and the Prevention of Money Laundering and Funding of Terrorism Regulations (PMLFTR)
12.6. LOPOCA’s obligations towards responsible gaming and AML legislation trump commercial conditions.

13. USER COMPLAINTS
13.1. If you have any complaint relating to LOPOCA, the Website or any of the Services, you may:
13.1.1 contact LOPOCA Support Team via e-mail at support@lopoca.com.
13.1.2
call our Malta support line: 00356 9033869
13.2. LOPOCA seeks to resolve your complaint within ten days from the date of receipt of complaint. This ten-day period may be extended depending upon the complexity of the complaint. LOPOCA will endeavour to respond to any follow up communications relating to a complaint in the most appropriate and timely manner. If it is required that the said timeframe needs to be extended, LOPOCA will nonetheless provide you with a substantive response within the said ten days either providing a final response or an update of the position explaining the reasons as to why we have not provided a final response and we will indicate when we will be in a position to do so.
13.3. Any complaint regarding a specific transaction (including deposits, withdrawals, use of Services) will only be accepted within 30 days after the transaction date, after which your approval of the transaction in question will be deemed to have been given.
13.4. Any complaints should first be raised with our LOPOCA Support Team, and our internal complaints procedure effectively ends upon LOPOCA’s final response. However, if you are dissatisfied with the final resolution to your complaint provided by us, you may report your complaint to the alternative dispute resolution (‘ADR’) organization MADRE (https://www.rgoal.org) which offers independent adjudication in relations to betting and gambling disputes.
13.5. The dispute resolution procedure at MADRE is free of charge for the User independent of the outcome. Decisions of MADRE are binding upon Operator and Player. The procedure before MADRE does not restrict or prejudice the User’s right to bring proceedings against the Operator in any court of competent jurisdiction.
13.6. If you have a complaint about LOPOCA’s operation being unlawful or conducted in a manner which is not safe, fair or transparent, you may report this to the Malta Gaming Authority by email at support.mga@mga.org.mt or via the following online form.
Address: Malta Gaming Authority,
Building SCM 02-03, Level 4, SmartCity Malta,
Ricasoli SCM1001, Malta
Telephone Number: +356 2546 9000
Email: complaints@mga.org.mt

14. GENERAL
14.1. The Services are provided for entertainment only and you may use the Services only for your entertainment. You may not misconstrue the nature of LOPOCA’s Services or use LOPOCA’s Services as a regular or primary source of income for you.
14.2. Any funds or credits used in the Services are non-refundable as the product is virtual and is instantly consumed. Funds will be drawn from your Gaming Account instantly and cannot be returned. LOPOCA does not guarantee your ability to recover any portion of funds or credits used in the Services.
14.3. Unless explicitly otherwise stated or agreed by you and LOPOCA in writing, any amounts such as funds, deposits, bets or winnings which are displayed in connection with the Services, shall be in Euro.
14.4. The Terms of Use constitute the entire agreement and understanding between you and LOPOCA.
14.5. LOPOCA reserves the right to transfer, assign, and sub-license or pledge any of their rights or obligations under the Terms of Use, in whole or in part, to any third party without your express consent being required. Users cannot transfer, assign, and sub-license or pledge any of their rights or obligations under the Terms of Use, in whole or in part, to any third party.
14.6. Unless otherwise expressly stated therein, nothing in the Terms of Use shall create or confer any rights or any other benefits to any third parties.
14.7. All amendments and supplements to the Terms of Use must be made in writing without exception.
14.8. Should LOPOCA not exercise any of its rights, this shall not be construed as a general waiver for the future.
14.9. If any one or more of the provisions of the Terms of Use should be found to be illegal or unenforceable, then all other provisions shall be given effect separately therefrom and shall not be affected thereby.
If any provisions of the Terms of Use are illegal or unenforceable, they shall not be terminated but shall be deemed amended to the extent necessary to render it valid and enforceable.
14.10. Users enter the Website and participate in the Services at their own risk.
The Websites and the Services are provided without any warranty whatsoever, whether express or implied.
14.10.1. Without prejudice to the generality of the preceding clause, LOPOCA, its directors, employees, partners, service provides;
• Do not warrant that the software, the Services and the Website are fit for their purpose;
• Do not warrant that the software, the Services and the Website are free from errors;
• Do not warrant that the software, the Services and the Website will be accessible without interruptions;
• Shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of the Website or your participation in the Services.

14.10.2. You understand and acknowledge that, if there is a malfunction in a Service or its interoperability, any bets made during such malfunctioning shall be void. Funds obtained from a malfunctioning Service shall be considered void, as well as any subsequent game rounds with said funds, regardless of what Services are played using such funds.

14.10.3. Users hereby agree to fully indemnify and hold harmless LOPOCA, its directors, employees, officers, partners, service providers and/or any third party involved in the performance of the Services for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website or participation in the Services.

14.10.4. To the extent permitted by law, LOPOCA’s maximum liability arising out of or in connection with your use of the Website, regardless of the cause of actions (whether in contract, tort, breach of warranty or otherwise), will not exceed EUR 10.000,00.

14.11. You are responsible to observe and adhere to the legal requirements applicable to you at all times. This includes any such legal requirements arising from the laws of the jurisdiction you are subject to. It is and remains your own responsibility to comply with the laws applicable to you at all times and to ensure that you are allowed to use the Services.

14.12. LOPOCA reserves the right to block or restrict access to the Website and/or any Services to some or all residents of certain countries at LOPOCA’s sole discretion. The absence of such blockage or restriction of access does not mean that the use of the Services is legal in the Users jurisdiction.
14.13. LOPOCA does not provide any legal or tax related advice or assurance regarding the Services. LOPOCA makes no warranties/representations that any information available on the Website and/or linked to on the Website and/or the Services provided are permissible in your jurisdiction. Furthermore, LOPOCA is under no obligation to assist in any enquiry into your legal and/or tax position or situation.

14.14. Any funds credited to your Gaming or Benefit Account, Bonuses or any other monetary advantages received may be deemed to be subject to income tax, social security contributions, value added tax (VAT) and/or any other taxes. As appropriate to the jurisdiction of your residence, you are responsible for paying any applicable taxes as well as social security contributions on any such funds credited to your User Account. You are responsible to seek independent financial, tax and legal advice in any context related to LOPOCA. LOPOCA is under no obligation to assist in any enquiry into your tax position or situation. For the avoidance of doubt, your failure to comply with any relevant applicable laws (including laws relating to taxation and social security contributions) will constitute a breach of the LOPOCA Terms of Use. You will pay all taxes and social security contributions applicable to you and you will not hold LOPOCA liable for any such taxes, social security contributions and any related damages.
14.15. The Terms of Use shall be read, construed and enforced in accordance with the laws of Malta and shall be governed in all respects thereby. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Malta in respect of all matters arising out of or in connection with the Terms of Use. Filing a complaint in accordance with Section 13. does not limit LOPOCA’s right to file a claim with the courts of Malta.


NUGGET GAME RULES 
Version 5; dated 01/12/2023. 
  
1.    The Nugget Game 

The Nugget Game is a game and LOPOCA makes no representations or warranties: 
 
1.1    that the Nugget Game is a real stock exchange trading real stocks. 
1.2    that the Nugget Game is an investment opportunity. 
1.3    that the Nugget Game is secured with any tangible assets. 
1.4    about the value of a Nugget in the Nugget Game. 
1.5    regarding the number of Nuggets that might be for sale in the Nugget Game, or the number of Users who might wish to purchase Nuggets in the Nugget Game at any time, subject to Clause 2.2 and 2.3. 
1.6    LOPOCA is not responsible for any such representations made by third parties. 
1.7    LOPOCA would like to explicitly point out that the Nugget Game is a game only. Playing the Nugget Game does not constitute participation in any corporation and especially not in the corporate structure of LOPOCA (i.e. any of the group companies of Lopoca Ltd.). It does not constitute any kind of investment product. 
 
2.    How the Nugget Game works 
 
2.1    All Users may participate in the Nugget Game by purchasing and selling Nuggets (virtual commodities) using credits from their Gaming Account. 
2.2    The total amount of active Nuggets within the game is displayed on a Ticker visible to all Users. 
2.3    Nugget Game Users are limited to buy and sell a maximum of 3000 (three-thousand) Euros per day. 
 
3.    Purchase of Nuggets: 
 
3.1    In the Section “Bid Placement”, the Users select the “Quantity” of Nuggets they wish to purchase as well as the “Price” (in Euro) they wish to purchase the Nuggets for. The Users then have to confirm their purchase offer by clicking the “Buy” button. Once the Users have confirmed their purchase offer, the offer is valid for seventy-two (72) hours. Within these 72 hours, other Users may place a corresponding sales offer. 
3.2    If a sales offer matches a purchase offer, a transaction is completed. 
3.3    If no corresponding sales offer matches the purchase offer within this timeframe the purchase offer expires without a transaction taking place. Users may also opt to cancel their purchase offer within these 72 hours provided that no transaction has already been concluded. 
 
4.    Sale of Nuggets: 
 
4.1    In the Section “Bid Placement” Users have to select the “Quantity” of Nuggets they wish to sell as well as the “Price” (in Euro) they wish to sell the Nuggets for. The Users then have to confirm their sales offer by clicking the “Sell” button. Once the Users have confirmed their sales offer, the offer is valid for seventy-two (72) hours. Within these 72 hours, other Users may place a corresponding purchase offer. 
4.2    If a sales offer matches a purchase offer, a transaction is completed. 
4.3    If no corresponding purchase offer matches the sales offer within this timeframe, the sales offer expires without a transaction taking place. Users may also opt to cancel their sales offer within these 72 hours provided that no transaction has already been concluded. 
4.4    Users may only sell a maximum of 50 % less one Nugget of their total number of Nuggets per sales offer. 
 
5.    Transaction: 
 
5.1    As soon as sales and purchase offers match, the system automatically completes the transaction. 
5.2    On the Platform a Nugget Price is displayed for Users. The Nugget Price displayed represents the price of the last transaction that took place within the Nugget Game. 
 
6.    “Player Pot” 
 
6.1    A “Player Pot” made up of 5% of all transaction fees (c.f Clause 6.8) resulting from the sale and purchase of nuggets made by all Users, as well as 50% of all Treasury Nuggets sold will be divided per active nugget and credited to the User’s Gaming Account, in the event that the Nugget Game is no longer provided. The funds in the Gaming Account are withdrawable. 
6.2    “Treasury Nuggets” is the term given to the initial Nuggets provided at the Initial Stage of the game. 
6.3    A Ticker which is clearly visible to the User indicates the value of the Player Pot.
6.4    LOPOCA may, in its sole discretion cancel all outstanding bids in the Nugget Game in order to perform technical maintenance on the Nugget Game or investigate suspected breaches of the LOPOCA Terms of Use.
6.5    LOPOCA is under no obligation to continue to provide the Nugget Game. LOPOCA is furthermore under no obligation but entitled to purchase/sell or issue Nuggets. LOPOCA is not liable for any disadvantages that Users of the Nugget Game may experience, especially resulting from cancelled or incorrectly processed bids.
6.6    Users acknowledge and agree that transactions may or may not take place in the Nugget Game and Users therefore may or may not be able to purchase or sell Nuggets. Users’ ability to purchase and/or sell Nuggets at any given price and/or in any given quantity is dependent entirely upon the number of available Nuggets as well as the supply and demand in the Nugget Game.
6.7    Nuggets may be subject to subsequent splits, whereby the value of a single Nugget is decreased in accordance with the increase of the total number of Nuggets (e.g. 5,000,000 Nuggets at a price of EUR 1,00 each and 10,000,000 Nuggets at a price of EUR 0,50 each). LOPOCA may modify (increase/decrease) the total number of Nuggets at its own discretion.
6.8 A Transaction Fee is deducted for each individual transaction in the Nugget Game. The Transaction Fee amounts to 12% of the value of the Nuggets subject to the transaction. The Transaction Fee is divided in equal parts between the purchaser and the seller. The remaining proceeds (total purchase price - Transaction Fee) are transferred to the seller’s Gaming Account and the purchased Nuggets are assigned to the purchaser. All transactions are displayed in the Nugget Game when logged in.


7. Account Closure / Termination

7.1. In the event that you close your User Account, LOPOCA will refund the balance left on your Gaming or Benefit Account. Should your Gaming or Benefit Account hold less than EUR 50,00 an administrative fee of EUR 5,00 will apply for closing your User Account.
7.2. In the event of a closure and/or suspension and/or termination of your User Account, any transactions and/or Services purchased or otherwise acquired through your User Account prior to its closure and/or suspension and/or termination that have not yet been fully redeemed (“Pending Services”), including without limitation bets you have placed and which are still pending, may, in LOPOCA’s sole discretion, remain unaffected if they have been purchased or acquired in a valid manner and if the User did not violate the Terms of Use or may be cancelled and deem null and void.


Your prepaid card terms and conditions

Version 1; dated 28/10/2019
 
These terms and conditions apply to your prepaid card.

You must read these terms and conditions carefully. By Purchasing or activating your card, you will be deemed to have accepted these terms and conditions.


1. Definitions
"Card" means the Visa® prepaid card issued to You whether in the form of a plastic, digital or virtual card, under these Terms and Conditions.
"Card Account" means the electronic money account held by You with Us and to which Your Card is linked.
“Fees Table” means the table of fees and charges applicable to the Card as set out on the Website.
"Visa®” means Visa Europe or its successors or assigns.
"Merchant" means a retailer or any other person or firm or company providing goods and /or services that accepts cards displaying the Visa® acceptance symbol in payment for such goods and /or services.
"PIN" means the personal identification number which We may issue or approve to be used with Your Card.
"Terms and Conditions" means these terms and conditions together with the Fees Table, and amendments to them that We may notify You of from time to time.
"Transaction" means any cash withdrawal, purchase of goods and/or services (as appropriate) completed by You using Your Card, or any action which alters the balance of Your Card Account.
"Us" or "We" or "Our" means Intercash 
"Website" means www.cardportal.com.
"You" or "your" means the card holder applying for and receiving the Card from US and is the person entering into these Terms and Conditions with Us.
"Customer Services" can be contacted on:
Email: help.prepaid1@cardportal.com
Telephone: +44 (0)844 7744 725 Available Monday to Friday, 9:00 to 17:00 EST/ 14:00 to 22:00 GMT
Lost or Stolen Cards: +44 (0)844 7744 725 Available 24 Hours, 7 Days a Week
The Card is issued and operated by Intercash, pursuant to a license by Visa Europe. Visa and the Visa Brand Mark are registered trademarks of Visa. Intercash is authorised and regulated by the Financial Conduct Authority (firm reference number 900006) and is permitted to issue e-money, with its registered office at CPC1, Capital Park, Fulbourn, Cambridge, CB21 5XE, company registration number 5428358.

2. Fees
2.1. Your use of Your Card is subject to the fees and charges set out in the Fees Table. These fees and charges are part of these Terms and Conditions. Any or all of these fees/charges may be waived or reduced at Our
discretion. Our fees/charges may change over time, if so We will notify You in advance of such changes in accordance with Section 3.1. Your banking provider may charge a fee for the transfer of funds and/or additional ATM fees may be charged by the ATM provider. Any such fees would be in addition to the fees set out in the Fees Table.

2.2. Fees and charges will be paid from Your Card Account at such time they are incurred.

3. These Terms and Conditions
3.1. We may change these Terms and Conditions including without limitation changing existing fees or introducing new fees, from time to time. We will provide You with at least two months’ notice before the proposed change comes into effect, however changes that (i) make these Terms and Conditions more favourable to You or that have no adverse effect on Your rights or (ii) relate to exchange rates shall come into effect immediately if so stated in the change notice. All such changes will be posted on the Website and such other means We agree with You.

3.2. The up-to-date version of these Terms and Conditions will be posted on the Website. You should check the Website regularly so that You can see the latest version. You will be bound by these Terms and Conditions and any amendments made to them. We recommend that You print off a copy of these Terms and Conditions to keep for Your records.

3.3. You will be taken to have accepted any change We notify to You unless You tell us that You do not agree to these change prior to the relevant change taking effect. In such circumstance, please contact our customer service team and We will treat Your notice to Us as notification that You wish to terminate these Terms and Conditions immediately and We will refund the balance on Your Card Account. In this circumstance You will not be charged a refund fee.

4. Scope of these Terms and Conditions
4.1. These Terms and Conditions govern Your use of Your Card and Card Account. The funds for all Transactions are held in Your Card Account and no interest will be paid on these. When You make a Transaction using Your Card the value of the Transaction plus any associated fees payable will be deducted from Your Card Account and used to complete the Transaction.

4.2. Your Card is a prepaid card and the funds loaded onto Your Card are known as electronic money. Your Card is not a credit card, charge card or a debit card. You can only spend to the value of the funds that You load onto it. All Cards are issued by Us pursuant to a license by Visa®.

4.3. Although Our activities are regulated by the Financial Conduct Authority, neither Your Card nor Your Card Account is covered by the Financial Services Compensation Scheme. The funds in Your Card Account are safeguarded by Us, which means that they are kept separate from Our assets so in the unlikely event We become insolvent, Your funds remain safe from Our creditors.

5. Cards issuance
5.1. To use a Card You must be at least 18 years old. Prior to issuing You a Card We are required to validate your identity. In doing so we will confirm Your identity and home address. We may use third parties to obtain this information and carry out checks on Our behalf, this may include using credit reference agencies. A credit check is not performed and Your credit rating will not be affected.

5.2. We reserve the right to refuse to issue You a Card.

5.3. If You have any problems with Your Card please contact Customer Services.

5.4. If You receive a plastic Card, You must sign it as soon as You receive it and activate it. Activation instructions are set out on the packaging that Your Card is attached to. Your Card cannot be used until this is done. A virtual card can be used immediately upon receipt and does not need to be activated.

6. Loading your card
6.1 The Card Account may only be loaded via channels that We approve, as set out in the Fees Table. Depending on the method You use to load Your Card Account, a fee may be charged (see the Fees Table for details). Should You have any questions about ways to load Your Card, please contact the Customer Services team

6.2. Limits apply to the number of times Your Card Account may be loaded in a day. Minimum and maximum load limits also apply, and these are set out in the Fees Table. We reserve the right to refuse to accept any particular load transaction.

7. Use of your card
7.1. You can use Your Card to purchase goods and services anywhere Visa® is accepted. You can also withdraw cash at an ATM or over the counter at a financial institution displaying the Visa® logo, subject to there being sufficient funds in Your Card Account and the Merchant, ATM supplier or financial institution being able to verify this online.

7.2. There are spending and withdrawal limits for the use of Your Card; please see the Fees Table for details.

7.3. Be aware that some ATM providers charge additional fees for the use of their ATMs and some Merchants add a surcharge for using certain types of cards. You may also be subject to their terms and conditions of business. It is Your responsibility to check before proceeding with Your Transaction.

7.4. We reserve the right to decline any Transactions at Our discretion.
a. We may at any time suspend, restrict or cancel Your Card or refuse to issue or replace a Card for reasons relating to the following:
i. We are concerned about the security of Your Card or Card Account;
ii. We suspect Your Card is being used in an unauthorised or fraudulent manner;
iii. We need to do so to comply with applicable laws, regulations or Visa rules; or
iv. You break an important part of these Terms and Conditions or repeatedly break any term in these Terms and Conditions and fail to resolve the matter in a timely manner; or
b. If We take any of the steps referred to above in Section 7.4a., We will tell You as soon as We can or are permitted to do so either before or after We have taken such steps. We may ask You to stop using Your Card and return it to Us or destroy it. We will issue You with a replacement Card or re-activate Your Card if after further investigations We believe that the relevant circumstances no longer apply or exist.
c. We may also decline to authorise a transaction:
i. if We suspect Your Card or Card Account is being used in an unauthorised or fraudulent manner;
ii. if sufficient funds are not loaded on Your Card Account at the time of a Transaction to cover the amount of the Transaction and any applicable fees; or
iii. if We believe that a Transaction will break the law;
d. If We refuse to authorise a Transaction, We will, if practicable, tell You why immediately unless it would be unlawful for Us to do so. You may correct any information We hold and which may have caused Us to refuse a Transaction by contacting Customer Services.
We shall not be liable in the event that a Merchant refuses to accept Your Card or if We do not authorise a Transaction, or if We cancel or suspend use of Your Card. Unless otherwise required by law, We shall not be liable for any loss or damage You may suffer as a result of Your inability to use Your Card for a Transaction.

7.5. You must not spend more money on Your Card than You have in Your Card Account. You are responsible for ensuring that You have sufficient funds when You authorise a Transaction. If this occurs You must pay the
overspend to Us immediately. We will take any such action seriously and take any steps necessary to enforce any actions against You.

7.6. You agree that once We notify You of any such overspend by whatever means You must repay it immediately. We reserve the right to deduct an amount equivalent to the overspend from any other Cards the You hold with Us or from any other payment instrument You designate to Your Card Account and against any funds which You subsequently paid into Your Card Account. We may suspend Your Card and any other Cards connected to You until we are reimbursed the overspend amount.

7.7. In certain sectors, Merchants such as car hire companies, hotels, restaurants and other service providers will estimate the sum of money You may spend or for which You require authorisation. The estimate may be for greater than the amount You spend or are charged, for example:
a. at restaurants You may be required to have a maximum of 20% more on Your Card than the value of the bill to allow for any service charge added by the restaurant;
b. at “pay at pump” petrol pumps (if applicable) You may be required to have an amount equal to the maximum Transaction value permitted at the pump in Your Card Account.
This means that some of the funds on Your Account may be held for up to 30 days until the Merchant has settled the Transaction amount and accordingly, You will not be able to spend this estimated sum during this period. We cannot release such sum without authorisation from the Merchant.

7.8. Merchants may not be able to authorise a Transaction if they cannot obtain online authorisation from Us. Any refunds for goods or services purchased with Your Card may only be returned as a credit to the Card. You are not entitled to receive refunds in cash.

7.9. We accept no responsibility for the goods or services purchased by You with Your Card. All such disputes must be addressed directly with the Merchant providing the relevant goods or services. Once You have authorised Your Card to make a purchase, We cannot stop that Transaction. However, where You have used Your Card to buy goods or services You may have a claim against the Merchant if the goods or services are unsatisfactory, not supplied, supplied only in part or do not match the supplier’s description. You must notify Us of any dispute within 60 days of the purchase and the chargeback will only be applied to Your Card Account if successfully secured from the Merchant. If You wrongly make a chargeback claim, We will be entitled to charge You any fees We reasonably incur in pursuing the chargeback claim and We will be entitled to debit Your Card Account with the amount of any such fees.

7.10. Authorising Transactions:
a. A Card Transaction will be regarded as authorised by You where You authorise the Transaction at the point of sale by following the instructions provided by the Merchant to authorise the Transaction, which includes:
i. entering Your PIN or providing any other security code;
ii. signing a sales voucher;
iii. providing the Card details and/ or providing any other details as requested;
iv. waving or swiping the Card over a card reader;
v. inserting a Card and entering Your PIN to request a cash withdrawal at an ATM;
vi. making a request for a cash advance at any bank counter.
b. Authorisation for a Transaction may not be withdrawn (or revoked) by You after the time We have received it. However, any transaction which is agreed to take place on a date later than the date it was authorised may be withdrawn if You give notice to the Merchant (providing a copy of the notice to Us) as long as notice was provided no later than the close of business on the business day before the transaction was due to take place. We may charge You a fee if a transaction is revoked by You under this Section (see the Fees Table for details).

7.11. We reserve the right to apply a monthly maintenance charge, if we do, the amount will be set out in the Fees Table. You are responsible for all Transactions and fees charged to Your Card Account.

8. Transactions made in foreign currencies
If You use Your Card to purchase goods or services or withdraw cash in a currency other than the currency of Your Card Account, then such Transaction will be converted to the currency of Your Card on the day We receive details of it. We will use Visa® authorised rates applicable for such a Transaction (https://usa.visa.com/support/consumer/travel-support/exchange-rate-calculator.html).

9. Disputed Transactions
9.1. You may be entitled to claim a refund in relation to Transactions made using Your Card where:
a. the Transaction was not authorised under these Terms and Conditions;
b. We are responsible for a Transaction which was incorrectly executed and notified to Us in accordance with Section 14 below;
c. a pre-authorised Transaction did not specify the exact amount at the time of its authorisation and the amount charged by a Merchant is more than You could reasonably have expected taking into account normal spending patterns on the Card or the circumstances of the Transaction. However, a claim for a refund in this circumstance will not be accepted if the amount of the Transaction was made known to You at least 4 weeks before the Transaction date or if the claim is made more than 8 weeks after being debited to Your Card Account;
d. We were notified of the unauthorised/incorrectly executed transaction within 13 months of the debit date of such Transaction.

9.2. If any of the above circumstances apply, You should contact the Merchant first as this may lead to a quicker resolution of the dispute. You can also ask Us to investigate the Transaction or misuse of Your Card. We will immediately process a refund of the amount of the disputed Transaction. We may need more information and assistance from You to carry out such investigation.

9.3. If We refund a disputed Transaction to Your Card Account and subsequently receive information to confirm that the Transaction was authorised by You and correctly posted to Your Card Account, We shall deduct the amount of the disputed transaction from the funds in Your Card Account. If there are no or insufficient funds, then the provisions regarding overspend on Your Card Account (see Section 7.6 will apply) will apply.

9.4. If Our investigations discover that the disputed transaction was genuine and authorised by You directly or indirectly, or that You have acted fraudulently or with gross negligence, We may charge You an investigation fee (see the Fees Table for details).

10. Card expiry, damaged and new cards
10.1. Cards are valid for a period of 36 months from the date of issue. The expiry date of Your Card is printed on its front. You will not be able to use Your Card once it has expired, nor will you be able to use the funds in Your Card Account. We reserve the right to decline to issue a replacement Card.

10.2. If You do not request, nor have we provided you with a new Card following expiry of Your Card, any funds remaining in Your Card Account will remain for a period of six years from the Card expiry date. Your Card Account will be subject to a monthly maintenance charge (see the Fees Table for details). You may contact Customer Services to request Your funds be returned to You at any time within the six-year period. The funds cannot be provided to you in the form of cash (notes and coins). Any funds remaining in Your Card Account after six years will not be refunded.

10.3. Your Card is valid for the period stated on the Card, unless its use is terminated earlier by Us or You in accordance with these Terms and Conditions.

10.4. If You ask, We may replace a damaged Card, in this circumstance a fee may apply (see the Fees Table for details). You will be asked to provide Us with Your Card number and other information so that We can identify You.

11. Refunds
11.1. If You receive a refund of sums paid for goods and services on Your Card, the refund amount will be added to the balance in Your Card Account.

12. Keeping your card safe
12.1. You must keep Your Card safe. Your Card is personal to You and You must not give it to anyone else to use. You must take all reasonable precautions to prevent fraudulent use of Your Card.

12.2. You will receive a PIN for Your Card and You must keep Your PIN safe. This means that when You receive Your PIN You must memorize it. You must keep Your PIN secret at all times. You must not disclose Your PIN to anyone including friends, family or Merchant staff.

12.3. If You suspect that someone else knows Your PIN, change it as soon as possible. You can change it at most ATM's by selecting the "PIN Services" option or when You log on to Your Card Account. If You forget Your PIN You can access it when You log on to Your Card Account.

13. Liability
13.1. If You know or suspect that Your PIN is known to an unauthorised person, or if You think a Transaction is unauthorised or has been incorrectly executed You must tell Us without delay by contacting Customer Services. If You know or suspect Your Card is lost or stolen You must contact Customer Services straight away.

13.2. Subject to section 13.3, Your maximum liability for any unauthorised Transactions on Your Card is £50, unless our investigations show that any disputed Transaction was authorised by You, or You have acted fraudulently or with gross negligence (for example by failing to keep Your Card or PIN secure or by failing to notify Us without delay on becoming aware of the loss, theft or unauthorised use of Your Card), in which case You will be fully liable for any loss We suffer resulting from the use of the Card.

13.3. You will not be liable for any losses incurred in respect of an unauthorised Transaction if You have exercised reasonable care in safeguarding Your Card and PIN and any other log-in details from risk of loss or theft and, upon becoming aware of an unauthorised Transaction or the loss or theft of Your Card or PIN or other log-in details, you notified Us promptly. Once You have notified Us of the loss, theft, misappropriation or unauthorised use of Your Card or PIN or other log-in details and, provided You have not acted fraudulently or with gross negligence, We will refund the amount of any Transaction that occurs which Our investigations show were not authorised by You.

13.4. We reserve the right to charge You for any reasonable costs that We incur in taking action to stop You using Your Card and to recover any monies owed as a result of Your activities.

13.5. Our liability to You under these Terms and Conditions shall be subject to the following exclusions and limitations. We will not be liable for any loss arising from:
a. a Merchant refusing to accept Your Card; or
b. any cause which results from abnormal or unforeseen circumstances beyond Our reasonable control or which would have been unavoidable despite all Our efforts to stop it; or
c. Us suspending, restricting or cancelling Your Card or refusing to issue or replace it if We suspect Your Card or Card Account is being used in an unauthorised or fraudulent manner, or as a result of You breaking an important term or repeatedly breaking any term in these Terms and Conditions;
d. Our compliance with any applicable laws, regulations or Visa rules;
e. loss or corruption of data unless caused by Our willful default/wrong doing.

13.6. Unless otherwise required by law or as set out in these Terms and Conditions, We will not be liable to You in respect of any losses You or any third party may suffer in connection with the Card as a result of Our actions which were not a foreseeable consequence of Our actions.

13.7. We will not be liable for the goods or services that You purchase with Your Card.

13.8. From time to time, Your ability to use Your Card may be interrupted, e.g. when We carry out maintenance. If this happens, You may be unable to
a. load Your Card; and/or
b. use Your Card to pay for purchases or obtain cash from ATMs (if applicable); and/or
c. obtain information about the funds available in Your Card Account and/or about Your recent Transactions.

13.9. Where the Card is faulty Our liability shall be limited to replacement of the Card loaded with Your funds on the Card Account.

13.10. Where sums are incorrectly deducted from Your Card Account Funds Our liability shall be limited to payment to You of an equivalent amount.

13.11. In all other circumstances Our liability will be limited to repayment of the amount of the funds in Your Card Account.

13.12. Nothing in these Terms and Conditions will exclude or limit Our liability for death or personal injury or to the extent that it cannot otherwise be limited or restricted by law.

14. Lost or stolen cards and unauthorised transactions
14.1. You should treat the value on Your Card like cash in a wallet. If Your Card is lost or stolen or there is unauthorised use of Your Card, You may lose some or all of the value on Your Card Account in the same way as if You lost cash.

14.2. If You believe that any Transaction posted to Your Card is unauthorised, has been posted in error or is otherwise incorrect, You must also let Us know immediately by contacting Customer Services. We may require You to provide details of Your complaint in writing.

14.3. You may be required to help Us, Our agents or any enforcement agency, at Our request, if Your Card is lost or stolen or if We suspect Your Card is being misused.

14.4. If Your Card is reported lost or stolen, We will cancel it and may issue a new one. A fee may apply (see the Fees Table for details).

14.5. If You find Your Card after You have reported it lost, stolen or misused, You must destroy it and inform Us immediately.

14.6. No refund will be made until any investigation that We need carry out is complete. We reserve the right not to refund sums to You if We believe that You have not acted in accordance with these Terms and Conditions.

15. Statements
15.1. You can view Your Card Account balance and Transactions on the Website at any time. You are responsible for keeping Your log on details secret. If You believe someone else is using Your log on details on or may know it You must contact Customer Services immediately.

16. Cancellation, termination and suspension
16.1. You may cancel Your Card and Card Account up to 14 days after You receive Your Card (‘the Cancellation Period’), without reason, by contacting Customer Services. We will not charge You a cancellation fee. We will require You to confirm Your wish to cancel in writing. This will not entitle You to a refund of any Transactions You have made (authorised or pending) or charges incurred in respect of such Transactions. The purchase price of the Card (Card Fee) will not be refundable.

16.2. Depending on the method by which You choose to have Your remaining Card Account balance refunded, a fee may be charged which will be deducted from the balance of Your Account (see the Fees Table for details).

16.3. You may cancel Your Card at any time and without penalty during the Cancellation Period (see Section 16.1 above) or ii. if You disagree with a charge we intend to make to these Terms and Conditions. You may also cancel Your Card at any time, for any reason however a cancellation fee may apply (see the Fees Table for details).

16.4. To cancel Your Card, You must notify Customer Services. You will be responsible for any Transaction You have made or charges incurred before You cancelled Your Card. Once We have been notified by You, We will block the Card straight away so it cannot be used.

16.5. When Your Card is cancelled You must destroy it by cutting it in half through the chip and magnetic strip.

16.6. We can terminate Your Card at any time if We give You 2 months’ notice and refund any remaining funds to Your nominated bank account.

16.7. We can suspend or terminate these Terms and Conditions with You and Your use of Your Card immediately if (i). You have not complied with these Terms and Conditions, or (ii). if We have reason to believe that You have used or intend to use the Card in a negligent manner or for fraudulent or other unlawful purposes or (iii). We need to do so in order to comply with applicable law or regulation or Visa rules or (iv). We are required to do so by any applicable regulatory body or v. if You fail to pay any fees or charges that You have incurred or fail to repay any overspend incurred on Your Card Account.

16.8. These Terms and Conditions will terminate in the event of Your death.

16.9. If there is a positive balance in Your Card Account at the time Your Card Account is closed for any reason, these remaining funds will be returned to You by the method You instruct (less the applicable fees) provided the funds are not subject to any restriction.

16.10. Any funds which remain unclaimed for a period of six years following closure of Your Card Account shall expire and be forfeited.

16.11. We can suspend Your Card at any time with immediate effect if a. We discover that any information You have provided is incorrect or incomplete; or b. if a Transaction has been declined because of lack of available value in Your Card Account.

16.12. If any Transaction, fee or charge is found to have been incurred using Your Card following cancellation or termination, You agree to pay all such sums to Us immediately on demand.

17. Personal data
17.1. The processing of your personal data is governed by our Privacy Policy.

18. Your details
18.1. You must let Us know as soon as possible if You change Your name, address, telephone number (or e-mail address). If We contact You in relation to Your Card, for example, to notify You that We will be changing the Terms and Conditions or have cancelled Your Card and wish to send You a refund, We will use the most recent contact details You have provided to Us. (Any e-mail to You will be treated as being received as soon as it is sent by Us).

18.2. We will not be liable to You if Your contact details have changed and You have not told Us.

19. Complaints procedure
19.1. If You are not satisfied with the service You are receiving You should provide written details of Your concerns to Customer Services. All queries will be handled in accordance with Our complaints procedure. Customer Services will provide a copy of the complaint procedure upon request. You can also access it on the Website.

19.2. If We are unable to resolve Your complaint, You may contact the Financial Ombudsman Service.

19.3. You may contact the Financial Ombudsman Service at Exchange Tower, London E14 9SR, United Kingdom. For additional contact details you may visit the Financial Ombudsman Service’s website at www.financial-ombudsman.org.uk

20. Customer services
20.1. The Customer Service department is open from 8.00 a.m. to 5.00 p.m. (EST), Monday to Friday (inclusive) (excluding public holidays in the United Kingdom and Canada). A Lost and Stolen reporting service is available 24 hours a day, 7 days a week. We may record any conversation You have with Customer Services for training and/or monitoring purposes. Customer Services will be provided by Intercash acting on behalf of Intercash.

21. General
21.1. In these Terms and Conditions, headings are for convenience only and shall not affect the interpretation of these Terms and Conditions. Any delay or failure by Us to exercise any right or remedy under these Terms and Conditions shall not be interpreted as a waiver of that right or remedy or stop Us from exercising Our rights at any subsequent time.

21.2. You may not transfer, novate, assign, subcontract or delegate Your rights or obligations under these Terms and Conditions. You agree that We may transfer or assign Our rights or novate Our obligations under these Terms and Conditions at any time without prior written notice to You and without Your further consent. If You do not want to transfer to the new Card Issuer You may contact Us and We will terminate Your Card and Card Account. Any balance remaining in Your Card Account will be returned to You in accordance with Our redemption procedure. We may subcontract any of Our obligations under these Terms and Conditions.

21.3. In the event that any part of these Terms and Conditions are held not to be enforceable, this shall not affect the remainder of these Terms and Conditions which shall remain in full force and effect.

21.4. You will remain responsible for complying with these Terms and Conditions until Your Card and Your Card Account are closed (for whatever reason) and all sums due under these Terms and Conditions have been paid in full.

21.5. These Terms and Conditions are written and available only in English and all correspondence with You in respect of Your Card and Card Account shall be in English. In the event that these Terms and Conditions are translated, the version in English shall take priority.

21.6. These Terms and Conditions are governed by the laws of England and You agree to the non-exclusive jurisdiction of the English courts.
 


Prepaid Card Bonus Rules

Version 1; dated 28/10/2019
 
1. These Prepaid Card Bonus Rules form the special terms applicable to the specific Bonus called Prepaid Card Bonus (“PCB”).

2. The Terms of Use are applicable to the PCB.

3. The PCB starts on 28/10/2019. LOPOCA, in its sole discretion, may decide to end the PCB at any time without having to give prior notice to Users.

4. Users may receive a PCB together with their
  • Cashback and/or
  • Nugget Game Bonus.

5. Team Partners may additionally receive a PCB together with certain Benefits in the Partner Programme, namely
  • Team Cashback,
  • Team Commission and/or
  • Matching Bonus.

6. Calculation Base PCB
6.1 The Calculation Base PCB is the basis for the calculation of the PCB.

6.2 The Calculation Base PCB equals LOPOCA’s prepaid card related revenue less related costs and overhead costs. Overhead costs deducted will at a maximum amount to 30% of the prepaid card related revenue.

6.3 Fictitious sample calculation
For an overview of the calculation of the Calculation Base PCB, see the table below:
 
LOPOCA’S prepaid card related revenue € 100
Related costs -€40
Overhead costs (< 30%) -€10
Calculation Base PCB €50

The information provided by any example is for illustrative purposes only and accuracy is not guaranteed. The figures shown are hypothetical and may not be applicable to your individual situation. We clarify that the hypothetical figures used in any example may not be construed as a representation of any actual figures.

7. PCB For Cashback
7.1.Basis for Calculation
The basis for calculation of the PCB for Cashback is the Calculation Base PCB.

7.2.PCB Cashback Pot
The PCB Cashback Pot consists of 20% of the Calculation Base PCB.

7.3.Distribution
The PCB for Cashback a User receives depends on how much a User contributed to prepaid card related turnover (e.g. point of service use, ATM withdrawals, deposits, etc.) in relation to total prepaid card related turnover at the end of the Pay Period.
Based on this ratio the User receives an aliquot part of the PCB Cashback Pot as PCB for Cashback.
For a definition of Pay Period, see the Partner Programme Detailed Description.

7.4.Pay-Out
The PCB for Cashback is paid out to Users together with Cashback into the Gaming Account in the Pay Period after the next.

7.5.Fictitious Sample Calculation
This fictitious sample calculation represents the view of a User A.
For this example, let us assume in the Pay Period:
the PCB Cashback Pot equals EUR 10,000.00;
the total prepaid card related turnover equals EUR 150,000.00; and
the User A has contributed to prepaid card related turnover in the amount of EUR 100,00.
 
PCB Cashback Pot (EUR) Total prepaid card related turnover (EUR) Prepaid card related turnover of User A(EUR) Aliquot Share (%) PCB for Cashback(EUR)
10,000.00 150,000.00 100.00 0.066% 6.60

 
The information provided by any example is for illustrative purposes only and accuracy is not guaranteed. The figures shown are hypothetical and may not be applicable to your individual situation. We clarify that the hypothetical figures used in any example may not be construed as a representation of any actual figures.

 
8. PCB for The Nugget Game Bonus
8.1.Basis for Calculation
The basis for calculation of the PCB for the Nugget Game Bonus is the Calculation Base PCB.

8.2.PCB Nugget Game Bonus Pot
The PCB Nugget Game Bonus Pot consists of 25% of the Calculation Base PCB.

8.3.Eligibility
Users who are eligible to receive the Nugget Game Bonus are eligible to receive the PCB for the Nugget Game Bonus.
For Eligibility in the Nugget Game Bonus, see Nugget Game Bonus Rules.

8.4.Distribution
The PCB for the Nugget Game Bonus a User receives depends on the number of Nuggets this User holds in relation to the total number of Nuggets held collectively by Users participating in the Nugget Game Bonus at the end of the Pay Period. Based on this ratio the User receives an aliquot part of the PCB Nugget Game Bonus Pot as PCB for the Nugget Game Bonus.

8.5.Pay-Out
The PCB for the Nugget Game Bonus is paid out to Users together with the Nugget Game Bonus into the Gaming Account in the Pay Period after the next.

8.6.Fictitious Sample Calculation
This fictitious sample calculation represents the view of a User A.
For this example, let us assume that in the Pay Period:
  • the PCB Nugget Game Bonus Pot equals EUR 50,000.00;
  • the total number of Nuggets of Users participating in the Nugget Game Bonus equals 1,000,000;
  • the User A
    • is eligible to receive the Nugget Game Bonus; and
    • holds 100 Nuggets.
 
PCB Nugget Game Bonus Pot (EUR) Total Nuggets Nuggets of User A Aliquot Share (%) PCB for the Nugget Game Bonus (EUR)
50,000.00 1,000,000 100 0.01% 5.00

 
The information provided by any example is for illustrative purposes only and accuracy is not guaranteed. The figures shown are hypothetical and may not be applicable to your individual situation. We clarify that the hypothetical figures used in any example may not be construed as a representation of any actual figures.

 
9. PCB for Team Cashback
9.1.Basis for Calculation
The basis for calculation of the PCB for Team Cashback is the Calculation Base PCB.

9.2.PCB Team Cashback Pot
The PCB Team Cashback Pot consists of 10% of the Calculation Base PCB.

9.3.Distribution
The PCB for Team Cashback a Team Partner receives depends on:
  • how much a their First Generation contributed to prepaid card related turnover in relation to total prepaid card related turnover at the end of the Pay Period.Based on this ratio an aliquot part of the PCB for Team Cashback Pot is calculated. From this aliquot part, the Team Partner receives 50% as PCB for Team Cashback.
  • how much a their Second Generation contributed to prepaid card related turnover in relation to total prepaid card related turnover at the end of the Pay Period.Based on this ratio an aliquot part of the PCB for Team Cashback Pot is calculated. From this aliquot part, the Team Partner receives 50% as PCB for Team Cashback.

9.4.Pay-Out
The amounts from the First and Second Generation are then summed up and paid out to the Team Partner as PCB for Team Cashback.
The PCB for Team Cashback is paid out to Team Partners together with Team Cashback into the Benefit Account in the Pay Period after the next.

9.5.Fictitious Sample Calculation
This fictitious sample calculation represents the view of a Team Partner X.
For this example, let us assume:
  • the PCB Team Cashback Pot equals EUR 10,000.00;
  • the total prepaid card related turnover equals EUR 150,000.00;
  • the Team of Team Partner X has contributed to prepaid card related turnover as follows:
    • 1st Generation has contributed a total of EUR 90.00 to prepaid card related turnover;
    • 2nd Generation has contributed a total of EUR 20.00 to prepaid card related turnover;
 
 
Generation PCB Team Cashback Pot (EUR) Total prepaid card related turnover (EUR) Team prepaid card related turnover (EUR) Aliquot Share (%) Aliquot Part (EUR) PCB for Cashback (EUR)
1st Generation 10,000.00 150,000.00 90.00 0.06% 6.00 3.00
2nd Generation 10,000.00 150,000.00 20.00 0.013% 1.30 0.65
Total:           3.65

 
The information provided by any example is for illustrative purposes only and accuracy is not guaranteed. The figures shown are hypothetical and may not be applicable to your individual situation. We clarify that the hypothetical figures used in any example may not be construed as a representation of any actual figures.

10.PCB for Team commission
10.1.Basis for Calculation
The basis for calculation of the PCB for Team Commission is the Calculation Base PCB.

10.2.PCB Team Commission Pot
The PCB Team Commission Pot consists of 23.75% of the Calculation Base PCB.

10.3.Distribution
The PCB for Team Commission a Team Partner receives depends on the number of Steps actually gained by the Team Partner in relation to the total number of Steps actually gained at the end of the Pay Period. Based on this ratio the Team Partner receives an aliquot part of the PCB Team Commission Pot as PCB for Team Commission.

10.4.Pay-Out
The PCB for Team Commission is paid out to Team Partners together with the Team Commission into the Benefit Account in the Pay Period after the next.

10.5.Fictitious Sample Calculation
This fictitious sample calculation represents the view of a Team Partner X.
For this example, let us assume that in the Pay Period:
  • the PCB Team Commission Pot equals EUR 50,000.00;
  • the total number of Steps actually gained equals 1,000,000;
  • Team Partner X has actually gained 100 Steps.
 
PCB Team Commission Pot (EUR) Total Steps actually gained Steps actually gained by Team Partner X Aliquot Share (%) PCB for Team Commission (EUR)
50,000.00 1,000,000 100 0.01% 5.00

The information provided by any example is for illustrative purposes only and accuracy is not guaranteed. The figures shown are hypothetical and may not be applicable to your individual situation. We clarify that the hypothetical figures used in any example may not be construed as a representation of any actual figures.

11.Matching Bonus
11.1.Basis for Calculation
The basis for calculation of the PCB for Matching Bonus is the Calculation Base PCB.

11.2.PCB Matching Bonus Pot
The PCB Matching Bonus Pot consists of 1.25% of the Calculation Base PCB.

11.3.Eligibility
Team Partners who are eligible to receive the Matching Bonus are eligible to receive the PCB for the Matching Bonus.
For Eligibility for the Matching Bonus, see Partner Programme Detailed Description.

11.4.Distribution
The PCB for Matching Bonus Team Partners receive depends on:
  • Steps actually gained by the First Generation of a Team Partner in relation to the total number of Steps actually gained at the end of the Pay Period. Based on this ratio an aliquot part of the PCB Matching Bonus Pot is calculated. From this aliquot part, the Team Partner receives 50% as PCB for Matching Bonus.
  • Steps actually gained by the Second Generation of a Team Partner in relation to the total number of Steps actually gained at the end of the Pay Period. Based on this ratio an aliquot part of the PCB Matching Bonus Pot calculated. From this aliquot part, the Team Partner receives 30% as PCB for Matching Bonus.
  • Steps actually gained by the Third Generation of a Team Partner in relation to the total number of Steps actually gained at the end of the Pay Period. Based on this ratio an aliquot part of the PCB Matching Bonus Pot is calculated. From this aliquot part, the Team Partner receives 20% as PCB for Matching Bonus.
Any part of the PCB Matching Bonus Pot not distributed due to e.g. no Team Partners reaching a certain Status in the Gold Club, the remaining part of the PCB Matching Bonus Pot will be distributed in accordance with the above regulation until the entire PCB Matching Bonus Pot is used up as long as there is at least one Team Partner eligible for the Matching Bonus.

11.5.Pay-Out
The PCB for Matching Bonus is paid out to Team Partners together with the Matching Bonus into the Benefit Account in the Pay Period after the next.

11.6.Fictitious Sample Calculation
This fictitious sample calculation represents the view of a Team Partner X.
For this example, let us assume:
  • the PCB Matching Bonus Pot equals EUR 15,000.00;
  • the total number of Steps actually gained equals 4,000;
  • that Team Partner X is International Director;
    • the Steps actually gained by the First Generation of Team Partner X equals 2;
    • the Steps actually gained by the Second Generation of Team Partner X equals 1;
    • the Steps actually gained by the Third Generation of Team Partner X equals 2;
 
Generation PCB Matching Bonus Pot (EUR) Total Steps Steps actually gained in Pay Period Aliquot Share (%) Aliquot Part (EUR) PCB for Matching Bonus(EUR)
1st Generation 15,000.00 4,000.00 2 0.05% 7.50 3.75
2nd Generation 15,000.00 4,000.00 1 0.025% 3.75 1.13
3st Generation 15,000.00 4,000.00 2 0.05% 7.50 1.50
Total:        
6.38

The information provided by any example is for illustrative purposes only and accuracy is not guaranteed. The figures shown are hypothetical and may not be applicable to your individual situation. We clarify that the hypothetical figures used in any example may not be construed as a representation of any actual figures.