Patch Cap, Inc. is a company registered in Montana, United States with file number D1261934 - 15086005 (Patch Cap Inc).
Patch Cap Inc offers the following services “Patch Cap Services”:
These Generally Applicable Terms apply to all Patch Cap Services and Patch Cap Account holders, and shall include this document as well as any Schedules hereto, and shall be read in accordance with the policies ("Patch Cap Policies") as may be referred to herein or elsewhere within the Patch Cap or the Website and which are to form part of these terms, including but not limited to:
Please read the terms and conditions that may be especially applicable to the Patch Cap Services you desire to contract in addition to these Generally Applicable Terms and the policies referred to above.
The 'Patch Cap Terms' refers to these Generally Applicable Terms, the above-mentioned rules, and any other terms that may be applicable to the specific Patch Cap Services being contracted.
The Patch Cap Terms are a framework agreement that sets out the terms and conditions for you to use, access, view, or interact with Patch Cap in any way, including applying for a Patch Cap account ('Patch Cap Account') or using Patch Cap Services in any way ('Patch Cap Interaction').
You must read and understand these Generally Applicable Terms and the Patch Cap Policies, as well as any Patch Cap Terms specifically relating to the Patch Cap Services you wish to contract and the various associated risk warnings contained therein, before opening a Patch Cap Account or obtaining exposure to the Patch Cap Services.
By proceeding with any Patch Cap Interaction, you accept and acknowledge the associated risks in dealing with the respective Patch Cap Services and your agreement with these Generally Applicable Terms, the Patch Cap Policies as well as any Patch Cap Terms specifically relating to the Patch Cap Services you wish to contract. You further agree to accept the decisions of Patch Cap with respect to all matters relating to the Patch Cap Services including the terms of any third-party providers which Patch Cap may engage with in the provision of the Patch Cap Services.
Once your Patch Cap Account has been activated, you will be able to access the Patch Cap Services, subject to Patch Cap identification and verification process, which you must follow.
You agree that any information you provide during the identification and verification procedure, or in any other situation, is genuine and accurate, and that any payment you make through your Patch Cap Account is your rightful property and comes from a legitimate source.
For the purposes of verification, Patch Cap may seek more information from you. You agree to comply with all requests made on our behalf by Patch Cap or any of our third-party service providers in connection with your Patch Cap Account, including requests to identify or authenticate your identity, validate your funding sources, proof of control of your bank account, debit/credit card and any Patch Cap Transaction. This may include, but is not limited to, requesting additional information from you that will enable us to reasonably identify you, such as requiring you to take steps to prove ownership of your phone number or checking your information against third-party databases or other sources.
If we are unable to collect and verify such information, or if you do not comply with our reasonable demands, we have the right to close, suspend, or limit access to your Patch Cap Account and/or the Patch Cap Services.
We may discreetly verify the information you give us with, or we may collect information about you from secure databases ourselves or through third parties. By agreeing to these Generally Applicable Terms, you agree that we or a third party acting on our behalf may conduct such verifications.
You must keep your Patch Cap Account details valid and up to date at all times. If we suspect your information is outdated or wrong at any time, we may contact you and request additional information or ask you to repeat the verification procedure. While we validate your identity, a Patch Cap Transaction limit may be placed on your Patch Cap Account, or an existing limit may be changed. We will not be liable for any losses resulting from your failure to keep your information up to date.
To access the Patch Cap Services, go to the Accounts page in the Patch Cap Website or App and pick the appropriate Patch Cap Account.
It is solely your responsibility to keep your Patch Cap Account secure. While we may help you restore access to your Patch Cap Account if it is reasonable, Patch Cap is not obligated to restore any access to a Patch Cap Account in any event, including in the event of theft or any loss of control of the means of access to the Patch Cap Account. You agree that Patch Cap is not responsible for any damages or losses incurred as a result of such theft or loss of control of your Patch Cap Account that are not caused by Patch Cap's fault or negligence.
You promise to keep all passwords, PIN numbers, and access codes and information for your Patch Cap Account completely secret. Patch Cap will not be held accountable for any access to or use of your Patch Cap Account as a result of any disclosure of such access information by you or anyone else to whom you disclosed such information later. We ensure this by requiring a code sent to your email address upon every sign-in attempt.
Protecting your Patch Cap Account and any access information related to it includes, but is not limited to:
If you receive any SMSs, emails, questionnaires, surveys, or other links requiring you to provide your Patch Cap Account access information, do not provide your information and contact us immediately at support@patchcap.net.
If you believe your Patch Cap Account access information has been lost, stolen, or that anyone has access to your email account or device you use to communicate with us, do not provide your information and contact us immediately at support@patchcap.net.
If you have any questions concerning this, please contact us at support@patchcap.net.
Patch Cap is a company that specializes in providing financial services. Automated techniques may be used to process transactions and activity conducted within the Patch Cap website, and anyone who gains access credentials to a Patch Cap Account may use it to enter transactions without your permission. If you observe any unusual behavior, such as misuse or unauthorized use of your Patch Cap Account, you must inform us immediately at support@patchcap.net.
The balance in any Patch Cap Account belongs to the legal organization that is registered as the account holder. Only the rights of the Patch Cap Account holder are recognized. Your Patch Cap Account cannot be assigned or transferred to anyone else.
If you suspect a Patch Cap Transaction was conducted erroneously or without your permission, please notify us as soon as possible using the Patch Cap website or by emailing support@patchcap.net. Failure to contact us as soon as you become aware of the unauthorized or wrongly completed Patch Cap Transaction, or within two months of the date of the transaction, may result in you losing your right to have the situation addressed.
We will refund to you the full amount debited without authorization if it is determined that a Patch Cap Transaction was not authorized by you, or was incorrectly initiated or executed by us (provided we can prove such incorrect transaction occurred) and you notified us within 2 months of the date of the unauthorized Patch Cap Transaction. However, if you have acted fraudulently, or have intentionally or with gross negligence failed to comply with your obligations set out in Clause on Security, or you have not notified us on time in accordance with Clause on Notification, you will be liable in full for all losses incurred in respect of a Patch Cap Transaction made by us which was not authorized by you.
We will close your Patch Cap account either as a result of your request, which must be made in writing via the Patch Cap Customer Services support@patchcap.net, or as a result of Patch Cap closing your account for any other reason that may arise in accordance with any Patch Cap Terms and/or applicable law.
You agree that when we close your Patch Cap Account, Patch Cap may keep personal data about you, your Patch Cap Account, and any Patch Cap Interaction for a period of ten years or as required by applicable law.
If your Patch Cap Account has a balance at the time of closure, Patch Cap may request that you withdraw your funds within a reasonable time frame, during which time your Patch Cap Account will be accessible only for the purpose of removing the remaining balance. You will be unable to access your Patch Cap Account after this period has expired, but you may withdraw any remaining funds for a period of five years from the date of closure by contacting Patch Cap Customer Services support@patchcap.net and requesting that the funds be sent to you either by refund or bank transfer. Any pending instructions will be canceled once your Patch Cap Account is canceled.
To avoid an investigation, you cannot close your Patch Cap Account. If you try to close your Patch Cap Account while an investigation is underway, Patch Cap may freeze your account to protect any and all relevant parties from responsibility, including but not limited to itself, its affiliates, or a third party.
Even if your Patch Cap Account is closed, you are still responsible for any liabilities associated with it.
We may close your Patch Cap Account and terminate all applicable Patch Cap Terms with immediate effect in the following circumstances, without affecting the generality of this clause and without prejudice to any rights that have accrued under the Patch Cap Terms or any rights or remedies that may be applicable:
Other than closing your Patch Cap Account, we may take the following actions if you violate any of the Patch Cap Terms (including failing to pay us any amount owed):
You accept to receive electronic messages from Patch Cap in connection with Patch Cap and the Patch Cap Services. We shall send you communications via the Patch Cap customer portal or via email to the primary email address indicated in your Patch Cape Account profile ('Primary Email Address'). It is your responsibility to keep this Primary Email Address safe. You acknowledge that Patch Cap is not responsible for any damages or losses incurred as a result of any unauthorized use or loss of control of the above-mentioned Primary Email Address.
It is your obligation to ensure that you log onto and examine the Patch Cap website, the Website, and your Primary Email Address on a regular basis, as well as open and review communications that we provide to you via those channels. You must review your notifications and Patch Cap Transaction history and report any questions, apparent errors, or unauthorized Patch Cap Transactions or usage of your Patch Cap Account as soon as possible. Failure to contact us in accordance with the applicable Patch Cap Terms in a timely way may result in the loss of funds and/or essential rights.
We may get in touch with you from time to time to inform you of changes to your Patch Cap Account or to provide you with important information. It is your duty to ensure that you check the Patch Cap website and Primary Email Address on a regular basis, and that your contact information in your Patch Cap website profile is accurate. In compliance with these terms, you may contact us via the Patch Cap website or via email at support@patchcap.net.
These Generally Applicable Terms, as well as any other applicable Patch Cap Terms, including any applicable Supplements, and our Privacy Policy, which may be found at www.patchcap.net/privacy-policy, govern the processing of your personal data. Patch Cap also complies with all applicable privacy laws.
We may gather Personal Data such as precise location data regarding a Patch Cap Transaction when you utilize the Patch Cap Services. We may gather the precise location of your device when the Patch Cap website is running in the foreground or background if you allow the Patch Cap website to access location services through the permission system employed by your mobile operating system. Your IP address may also be used to determine your approximate location. You can opt out of giving location data using the Patch Cap website at any time if you have previously agreed to do so.
You acknowledge that we may collect Personal Data regarding how you and other Patch Cap Account holders engage with the Patch Cap Services, and you agree to this. We may access and keep names and contact information from your device's address book in order to support social interactions via the Patch Cap Services and for other legitimate business purposes. We gather transaction information about your use of the Patch Cap Services, such as the type of service you ordered, the day and time the service was performed, the amount charged, and other transaction information. Personal data regarding your mobile device, such as the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising IDs, serial number, device motion information, and mobile network information, may be collected.
You understand and consent that we may use the personal data we gather to make your interactions with the Patch Cap Services more convenient, including sharing non-sensitive information about you with other Patch Cap Account users.
You hereby irrevocably and unconditionally consent and authorize us to collect, use, process, and store any and all of your personally identifiable information, credit or financial information provided to us, including your KYC Information, at any time and at our absolute discretion, without regard to any of the consents provided to us by you in these Generally Applicable Terms or other Patch Cap Terms. You also agree that we may disclose any and all of your personally identifiable information, credit or financial information, including your KYC Information, to the Card Issuer and/or other Patch Cap affiliates, financial institutions, debt collection agencies, credit bureaus, any credit reporting agency, or any other third party service providers of Patch Cap and/or the Card Issuer for any purpose related to our provision of services under applicable law.
If necessary to comply with relevant legislation or to identify whether any Patch Cap Terms or relevant legislation have been violated, Patch Cap reserves the right to transmit information or personal data about you, as well as activity you conduct through your Patch Cap Account, to law enforcement institutions, state authorities, and financial institutions.
You consent to receive autodialed and pre-recorded message calls at the phone number you provide to Patch Cap (including a mobile phone number). You can give us your phone number in a variety of ways, including when you open your Patch Cap Account or when you update your profile on your Patch Cap Account.
We will never market, advertise, or solicit you using autodialing or pre-recorded messages without your consent, but we may share your phone numbers with the Card Issuer, our affiliates, or other service providers, such as billing or collections companies, who may contact you using autodialed or pre-recorded message calls or text messages.
You accept and agree that Patch Cap may monitor or record telephone conversations you or anyone acting on your behalf has with Patch Cap or its representatives for quality control and training purposes, as well as for its own protection, without additional notice or warning. You recognize and accept that, while your conversations with Patch Cap may be overheard, monitored, or recorded without further notice or warning, Patch Cape does not promise that recordings of any given telephone call will be preserved or retrievable.
You consent to us using your personal information in connection with your Patch Cap Account in order to review, develop, and enhance our products and services. This may include disclosing your personal information to our affiliates, agents, distributors, and suppliers in order for them to handle Patch Cap Transactions and conduct statistical research and analysis. We may also share your personal information if forced to do so by law, legislation, or any competent authority or agency investigating any fraudulent, criminal, or unauthorized behavior.
Please see our Privacy, Data Usage and Retention Policy at www.patchcap.net/privacy-policy for further information on the personal data that Patch Cap collects and uses in connection with your Patch Cap Account and use of Patch Cap Services.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Patch Cap owns or licenses the Patch Cap Website, as well as all Intellectual Property Rights included within, including but not limited to any logos, content, product information, and so on. Without our prior written consent, you may not copy, imitate, reproduce, edit, or otherwise use any Intellectual Property found on the Patch Cap, the Website, or any website linked from it in whole or in part.
Except as necessary to enable you to access the Patch Cap Website, nothing in the Patch Cap Terms provides you or any other person or organization any legal rights in the Patch Cap Website. You undertake not to change, circumvent, or delete any notices on the Patch Cap Website (including any Intellectual Property notices), including any digital rights or other security embedded or contained within.
You represent and warrant that the content, information, or data you submit to the Website or Patch Cap website is yours and that you have all required rights to it.
In conjunction with the Patch Cap Terms, we reserve all of our intellectual property rights. This implies that Patch Cap, for example, will retain ownership of them and will be allowed to use them as it sees fit.
We take customer complaints very seriously. Please refer to our Complaints Policy on the Website www.patchcap.net if you desire to lodge a formal complaint about us, the services we provide, or your Patch Cap Account.
Patch Cap may unilaterally amend any and all Patch Cap Terms by providing you with at least 1 (one) month written notice, either via the Website or the Patch Cap App (when and if one becomes available), or by sending an email to your Primary Email Address as set out in your Patch Cap Account at any time. You agree that it is your duty to check for revisions on a regular basis and to be familiar with and follow the most recent version of the Patch Cap Terms that apply to you.
You will be presumed to have accepted any modifications if you do not tell us to the contrary before the proposed date of the changes coming into effect. If you do not notify us to the contrary, your notification will be interpreted as a notice that you desire to close your Patch Cap Account and terminate any applicable Patch Cap Terms on the effective date of the changes.
Your non-termination of any Patch Cap Services or continuous use of any Patch Cap Services after the effective date of any amendments, changes, or updates signifies your acceptance of the Patch Cap Terms, as modified by such amendments, changes, or updates.
If a change to the Patch Cap Terms is required by law or relates to the addition of a new service, additional functionality to an existing Patch Cap Service, a reduction in the cost of the Patch Cap Services, or any other change that does not reduce your rights or increase your responsibilities, the change may be made without prior notice to you and will take effect immediately.
The Patch Cap website, Patch Cap Services, and Website are provided "as is," "as available," and without any express, implied, or statutory representations or warranties.
Patch Cap disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement for the Website and any and all of its components, as well as the Patch Cap website and any and all of its components, to the maximum extent permitted by applicable legislation.
Patch Cap, its officers, directors, agents, employees, and suppliers make no representation or warranty of any kind for the Patch Cap Services, including the content, materials, information, and functions made available by the Patch Cap Services when used on or accessed through the Patch Cap Website, or for any security breach associated with the transmission of sensitive information through any Patch Cap Interaction.
Patch Cap makes no representation or warranty as to the Patch Cap Services' compatibility for your needs. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. does not guarantee the Website's uptime or availability, and does not promise that the Website or Patch Cap will be error-free or uninterrupted. Patch Cap is not liable for any service interruptions, including but not limited to system failures or other interruptions, that may affect the receipt, processing, acceptance, completion, or settlement of Patch Cap Transactions or the Patch Cap Services.
Patch Cap has no influence over the items or services acquired through the Patch Cap Services. Patch Cap is not liable for the quality, performance, or any other consequences of the products and/or services purchased through the Patch Cap Services, and expressly disclaims any such duty.
We retain the right, without notice or obligation, to change, suspend, or discontinue any component of the Patch Cap Services, including hours of operation or availability of the Patch Cap Services or any Patch Cap Services feature.
PROHIBITED ACTIVITIES
The following actions are prohibited (the "Prohibited Activities"):
Patch Cap reserves the right to limit, suspend, or terminate a Patch Cap Account, access to any Patch Cap Account, and use of any Patch Cap Services and/or the Website at any time and without notice, including in connection with any activity deemed suspicious or fraudulent, or in any way directly or indirectly contrary to these Generally Applicable Terms, any other applicable Patch Cap Terms, and, in particular, the Prohibited Activities.
If Patch Cap considers, in its sole discretion, that you have violated any Patch Cap Terms, including the Prohibited Activities, we may take steps to protect ourselves, other Patch Cap Account holders, and any third parties. We may, for example, contact other Patch Cap Account holders or third parties with whom you may have transacted, contact law enforcement or other appropriate agencies and authorities, take legal action against you, and/or limit your Patch Cap Interaction as a result of this.
In the case of termination or cancellation of your Patch Cap Account, any Account Balance, after any liquidation and deducting any applicable fees, will be available for withdrawal by you, unless Patch Cap reasonably decides otherwise, for example due to any requirements of law enforcement authorities or court processes.
Any losses incurred as a result of the suspension of a Patch Cap Account are not covered by Patch Cap. For engaging in Prohibited Activities, Patch Cap may impose any appropriate sanction, including freezing any assets held in your Patch Cap Account and reporting to law enforcement and other authorities, as well as confiscation of any amounts held in your Patch Cap Account if required by law or the relevant authorities.
Wherever feasible, Patch Cap will provide you with pertinent information about the steps taken, but we may be unable to do so due to legal restrictions, such as not releasing protected third-party information or interfering with an investigation.
We shall be entitled to recover any sum due to us by retaining part or all of any sum that you have lodged with us under any Patch Cap Transaction or otherwise if any event occurs that entitles us to be compensated by you (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers). You will not have a right of set-off in the same way.
For the avoidance of doubt, if one of your Patch Cap Account's currency balances shows that you owe us money for any reason or has a negative balance, Patch Cap may set-off the amount you owe us by using funds you have in that currency or in another currency balance, or by deducting amounts you owe us from money you receive into your Patch Cap Account. Deductions may also be made from money you try to withdraw or send from your Patch Cap Account, or from funds in another Patch Cap Account that you control, as well as from any withdrawals you try to make.
Any liability arising from a breach of these Generally Applicable Terms or any other applicable Patch Cap Terms is limited to any loss or damage that is a reasonably foreseeable result of such breach and results directly from the defaulting party's acts.
To the extent permitted by law, Patch Cap is not liable or responsible, and you agree not to hold it liable or responsible, for any damages or losses (including, but not limited to, loss of any goodwill, reputation, profits, business opportunity, or other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from the use of the Patch Cap Services, however arising, including but not limited to:
Patch Cap, its officers, authorized representatives, or connected entities or persons are not responsible for any delay or failure to meet their respective responsibilities, including any withdrawal requests, owing to any cause beyond their reasonable control. These are called Force Majeure Events and they include but are not limited to: any action or inaction by you or any third party; acts of God; war; riots; government intervention; natural disasters; any market movements, volatility, or crash; any technological failure, including failure within the banking system; any infrastructure failure, including computer, server, or network failures beyond our reasonable control; security breaches; acts or omissions of a third party; acts or omissions of a third party; acts or omissions of a third party; acts or omissions
Patch Cap employs industry-standard techniques to keep its Website, the Patch Cap website, and its Patch Cap Services free of viruses and other malicious software, but we cannot guarantee that they will remain virus-free. We are not responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data, or other proprietary material as a result of your use of our Website, the Patch Cap website, or Patch Cap Services, or your downloading of any content from it or any website linked to it.
We shall not be liable if a request to obtain or restrict exposure that you submit to us is not displayed on the Website or the Patch Cap website, or if it is withdrawn or not carried out.
Certain warranty disclaimers and liability limits are prohibited in some jurisdictions. You will only be subject to disclaimers or limits that are permissible under applicable law. Subject to the foregoing, our liability will be limited to the maximum extent permitted by applicable laws, and Patch Cap, its officers, employees, licensors, partners, service providers, or subcontractors (if any) will not be liable for any indirect, special, incidental, punitive, or consequential damages (including, without limitation, lost profits, loss of use, loss of data, or loss of goodwill) arising out of or in connection with any Patch Cap. Whether such liability arises from a claim based on breach of contract, breach of warranty (including negligence), product liability, or otherwise, and whether or not the respective persons have been advised of the possibility of such damages, the foregoing provisions apply in relation thereto, but are not limited to:
Subject to the foregoing, Patch Cap's responsibility to you under any Patch Cap Terms is limited to the Fees you paid to Patch Cap in the three months prior to the alleged violation.
Nothing in the Patch Cap Terms will operate to limit or eliminate liability for death or personal injury, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or modified by law.
You are still liable for the following under any and all relevant Patch Cap Terms:
You agree to defend, reimburse, and/or compensate Patch Cap and any associated entities, third-party providers, employees, agents, or persons authorized to act on our behalf, as well as their respective directors, shareholders, officers, employees, or agents, and hold them harmless from any action, including legal action, claim, demand, loss, liability, expense, cost, and fee, including attorney fees, arising directly, indirectly, or in any connection with the use of Patch Cap Services.
Patch Cap may terminate any Patch Cap Terms at any time by giving you (30) thirty days' notice, at its sole discretion. Any of our rights or obligations arising under the Patch Cap Terms will not be affected if the Patch Cap Terms are terminated.
Your Patch Cap Account may be closed if your Patch Cap Terms are terminated. Your remaining balance will be handled in accordance with these Generally Applicable Terms.
Any clauses that should, by their nature, survive the expiration of the particular Patch Cap Terms will do so,
Without prejudice to any rights or remedies that may have accrued under applicable Patch Cap Terms, Patch Cap may terminate any Patch Cap Terms with immediate effect by giving writing notice to you if:
We are otherwise entitled to terminate these or any other Patch Cap Terms if you have breached any Patch Cap Terms (including your obligation to pay us any sum outstanding), or we may:
Without prior warning to the Patch Cap Account holder, Patch Cap has the right to cancel access to and/or confiscate any funds kept in a Patch Cap Account indefinitely. According to current law, Patch Cap is not compelled to and may be prohibited from disclosing the reasons for such Patch Cap Account limitations.
In closing your Patch Cap Account, we may transfer the money back to their source unless we are forbidden from doing so by any applicable legislation, rule, court order, or instruction or guidance of a competent regulatory authority or agency. Regardless of the foregoing or any other provision in any applicable Patch Cap Terms, Patch Cap reserves the right to refuse to refund your account balance, in whole or in part, or to restrict access to your account balance in accordance with applicable law if we reasonably believe you have not acted in accordance with any Patch Cap Terms or have acted unlawfully, or if we are prohibited from allowing you access to your account balance by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.
It is your obligation to identify which taxes, if any, apply to the payments you make or receive, and to collect, report, and repay the applicable tax to the appropriate tax body. We are not responsible for assessing whether taxes apply to your Patch Cap Transactions, or for collecting, reporting, or remitting any taxes owed as a result of your Patch Cap Transactions.
It is your obligation to comply with all applicable tax regulations in connection with your use of the Patch Cap Services, including, but not limited to, the reporting and payment of any taxes deriving from profits made via use of the Patch Cap Services.
Where you use your Patch Cap Services abroad, we may be required to comply with foreign tax regulations in certain instances. You undertake to abide by all relevant tax regulations in connection with your use of the Patch Cap Services, including, but not limited to, the reporting and payment of any taxes arising from Patch Cap Transactions made through the Patch Cap Services.
If We have made these Terms and Conditions available to You via our Service, they may have been translated. In the event of a disagreement, you agree that the original English text will take precedence.
Unless otherwise noted, these Generally Applicable Terms, as well as all additional If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. Terms are governed by the laws of Montana, United States, and any claim or dispute arising out of them is subject to the exclusive jurisdiction of Montana courts. These Generally Applicable Terms do not include any alternative dispute resolution methods as a means of disputing or issuing any claims in respect to these Generally Applicable Terms, for the avoidance of doubt.
If You are an African Union consumer where our services can be provided, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that:
You may be asked to accept additional terms and conditions, either with If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. or with a third party, in order to use various functions of the Patch Cap Services. You consent to this by opening a Patch Cap Account.
You and Patch Cap agree that each party may only make claims against the other on an individual basis, not as a plaintiff or class member in any ostensibly class or representative action or proceeding. No adjudicator has the authority to consolidate or join the claims of more than one person or party, and no adjudicator has the authority to preside over any type of consolidated, representative, or class action. Any relief granted to one Patch Cap Account holder will not affect the accounts of other Patch Cap Account Holders.
These Generally Applicable Terms, as well as all other Patch Cap Terms unless expressly indicated otherwise, do not intend to confer any benefit on any third party. Any rights to enforce any of these terms against Patch Cap are limited to the Patch Cap Account holder.
Without Patch Cap's prior written agreement, you may not transfer, assign, or sell any rights or obligations you have under the Patch Cap Terms, or otherwise award any third person a legal or equitable interest in your Patch Cap Account. At any moment, Patch Cap reserves the right to transfer or assign any and all Patch Cap Terms, as well as any right or obligation arising from them.
We will not be deemed to have waived any of our rights under the Patch Cap Terms or relevant laws if we fail to pursue them.
Any subpoena, levy, or other legal procedure that we believe is valid may be followed. We may send you an email, a phone call, or a letter informing you of the procedure.
Patch Cap has the right to replace any of their third-party service providers, including the Card Issuer and processor, at any time and without warning.
Patch Cap maintains the right, but not the obligation, to edit, change, refuse to post, or remove any provider content, in whole or in part, that is objectionable, erroneous, illegal, fraudulent, or otherwise in violation of the Patch Cap Terms in its sole and absolute discretion.
If any term of the Patch Cap Terms is found to be invalid or unenforceable, the remaining provisions will be enforced to the degree practicable, unless otherwise indicated in any Patch Cap Terms.
Exchange rates for foreign currencies fluctuate due to factors beyond our control. Past movements or patterns in foreign currency exchange rates should not be interpreted as a predictor of future changes in such rates.
The headers of clauses, schedules, and paragraphs have no bearing on the interpretation of these Terms.
A natural person, a corporation, or an unincorporated body are all considered people (whether or not having separate legal personality).
Any applicable Schedules are incorporated into these Generally Applicable Terms and have the same force and effect as if they were included in their entirety in the body of these Generally Applicable Terms. The Schedules are included in any reference to these words.
Any company, corporation, or other body corporate, wherever and however constituted or established, will be referred to as a company. Unless the context dictates otherwise, singular words include plural words, and multiple words include singular words, and references to one gender include references to the other genders.
The parties to the relevant Patch Cap Terms, as well as their personal representatives, successors, and permitted assigns, shall be bound by these Generally Applicable Terms and any other applicable Patch Cap Terms, and references to any party shall include that party's personal representatives, successors, and permitted assigns.
A reference to a legislation or statutory provision means that it has been altered, extended, or re-enacted at some point in the past. Email, Website notifications, and the Patch Cap App are all examples of writing or written.
A party's commitment not to do something also includes an obligation not to allow it to be done.
In any jurisdiction other than Montana, United States, any reference to a legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official, or any legal concept or thing shall be deemed to include a reference to that which most closely approximates the equivalent legal term in that jurisdiction.
Any reference to any Patch Cap Terms or any other agreement or document referred to in any Patch Cap Terms refers to the said Patch Cap Terms or such other agreement or document as varied or novated from time to time (in each case, except in violation of applicable Patch Cap Terms).
Clause references are to the relevant Patch Cap Terms Clauses, unless otherwise noted, and are to Clauses within the Section in which the reference appears. References to paragraphs also refer to the applicable Section's paragraphs.
References to Schedules refer to the relevant Patch Cap Terms' Schedules, while references to paragraphs refer to the relevant Schedule's paragraphs.
Any words after the phrases include, in particular, for example, or any similar expression are illustrative and do not limit the meaning of the words, description, definition, phrase, or term preceding those terms.
Supplements to these Generally Applicable Terms are an important element of these terms because they outline how you and Patch Cap will use specific Patch Cap Services.
The definitions in this document and below apply to these Generally Applicable Terms, as well as all other Patch Cap Terms unless expressly specified otherwise.
Patents, invention rights, copyright and related rights, trademarks and service marks (whether registered or not), business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, styles of presentation of goods and services, database rights, rights to use, know-how, utility model, and protect the confidentiality of confidential information (including know-how) are all examples of intellectual property. This includes all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, intellectual property, whether registered or unregistered, and all similar or equivalent rights or forms of protection that exist or will exist now or in the future in any part of the world. Patch Cap Account: Your account with Patch Cap which is governed by Generally Applicable Terms, as well as any other applicable Patch Cap Terms.
Patch Cap's mobile application which allows account holders to manage and access their accounts and information, as well as apply for Patch Cap services.
The Patch Cap Services contact center where you can get answers to your questions about your Patch Cap Services.
You can contact Customer Services by:
Your name, date of birth, home address, business address, email address, and telephone (landline and/or mobile) number are all registered personal identifiable details connected to the use of your Patch Cap Account. Our Privacy Policy contains a complete list of the Personal Data we process.
The primary email address is the one you entered in your Patch Cap Account profile.
Is as defined under the relevant clause to this agreement.
