Click to Pay (CTP) Terms & Conditions

1. Scope and Acceptance

These Terms and Conditions (“Terms”) govern the use of Click to Pay services (“CTP”) in connection with payment cards issued by PROVEN Bank (Cayman) Ltd. (“PROVEN”). By using CTP you (“CTP Account Holder”) agree to be bound by these Terms and any future updates. If you do not agree, you must not use CTP.

2. Electronic Acceptance

Pursuant to the Electronic Transactions Act (2003 Revision), your digital acceptance of these Terms (e.g., through checkbox or click-through) holds the same legal validity as a signature.

3. Eligibility

CTP is available only to individuals who:

  • are cardholders or authorized users of eligible Visa cards; and
  • have received CTP activation from PROVEN.

4. Transaction Responsibility

CTP enables transactions between the CTP Account Holder and participating Merchants. Visa is not a party to such transactions. All issues regarding payment, delivery, return, or dispute lie solely between you and the Merchant.

5. Visa-Offered CTP Ineligibility

If PROVEN has activated your CTP account:

  • you are not eligible for Visa-offered CTP.
  • attempts to register with Visa-offered CTP shall not establish a legal agreement between you and Visa; and
  • Visa may share information from any such attempt with PROVEN for streamlined service.

6. Authentication Features (Passkeys)

Device-based authentication methods (e.g., fingerprint, face ID, device passcode) may be offered in connection with CTP. Such authentication methods:

  • are governed by your agreement with your device manufacturer; and
  • do not result in your biometric data leaving your device.

You can disable Passkeys at any time via https://secure.checkout.visa.com

7. Opt-In and Opt-Out Rights

CTP is an optional service provided to eligible Cardholders of PROVEN. You have the right at any time to:

  • Opt In: Activate CTP by completing the required registration and accepting these Terms & Conditions.
  • Opt Out: Cancel your participation in CTP by:
    – Removing your enrolled card(s) via https://secure.checkout.visa.com or;
    – Contacting PROVEN’s customer service for assistance.

Effect of Opt-Out: Once you opt out of CTP, the service will no longer be available to you. Transactions previously completed using CTP will not be affected.

You may re-enroll in the future by completing a new opt-in process, subject to eligibility.

8. Data Usage

PROVEN, Visa, participating Merchants, and third parties may use your transaction or account data to:

  • complete purchases; and
  • determine eligibility for offers or card features.

Data Protection: Your data is protected under the Data Protection Act (2021 Revision) of the Cayman Islands (the “DPA”).

9. Privacy Notice

By using CTP, you consent to PROVEN’s processing of your personal data in accordance with its Privacy Policy and the DPA.

  • Personal Data: this includes but is not limited to your name, contact information, card data, device authentication and communication history;
  • Use Purposes: your personal data may be used for processing, service delivery, security and compliance purposes;
  • Sharing: your personal data may be shared with third parties including Visa other third-party service providers and regulators in connection with the Use Purposes;
  • Security: your personal data is protected using safeguards such as encryption and access controls; and
  • Your Rights: in accordance with the DPA you have the right to access, correct or delete your personal data and to submit a complaint with respect to our processing of your personal data.

For full details, refer to our Privacy Policy – PROVEN Bank – Cayman Islands

10. Acceptable Use and Customer Obligations

In your use of CTP, you agree:

  • to use CTP lawfully;
  • not to disrupt or interfere with the security or operation of or otherwise abuse, CTP or any part of CTP;
  • not to attempt to obtain unauthorized access to CTP or portions of CTP that are restricted from general access;
  • not to use CTP in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person’s privacy or in violation of any this party rights;not to store or incorporate CTP into any information retrieval system, electronic, mechanical or otherwise;• not to copy, emulate, clone, rent, lease, sell, commercially exploit, modify decompile, disassemble, distribute, reverse engineer, or transfer CTP or any portion thereof;
  • not to use any device, software or routine to interfere or attempt to interfere with the proper working of CTP and/or take any action that imposes an unreasonable or disproportionately large burden on the CTP system;
  • to provide accurate, truthful information; and
  • to keep login credentials confidential.

11. Compliance with Laws

You agree to comply with the laws of the Cayman Islands and any other applicable laws, regulations, and rules in connection with your use of CTP, including but not limited to those related to data protection, anti-money laundering, anti-fraud, and electronic transactions.
PROVEN also agrees to operate CTP in accordance with all applicable laws and regulatory requirements of the Cayman Islands and any other relevant jurisdictions.

Failure to comply with these legal obligations may result in suspension or termination of your access to CTP and may expose you to civil or criminal liability under applicable law.

12. Modifications and Updates

PROVEN may revise these Terms at any time and you will be notified of such changes by email. Your continued use of CTP after receiving notice of any such update constitutes your acceptance of the revised Terms.

13. Termination and Suspension

You may discontinue your use of CTP at any time. PROVEN may suspend or terminate CTP access for fraud, noncompliance, or regulatory reasons.

14. Limitation of Liability

To the fullest extent permitted by law:

  • neither Visa nor PROVEN nor their respective affiliates, officers, directors, customers, members, employees, or authorised agents shall be liable for any damages including indirect, special, incidental, consequential, punitive or exemplary damages however caused arising out of or in connection with your use of CTP even if they are advised of the possibility of such damages, claims or losses;
  • total liability shall not exceed the lesser of (a) your actual direct loss or (b) US$100 (or its equivalent in local currency); or
  • PROVEN shall not be liable for any losses caused by failure of CTP due to system downtime, unauthorized access, or force majeure events.
    If local law restricts such limitations, Visa’s liability will be limited to the maximum extent legally allowed.

15. Indemnification

You agree to indemnify, defend, and hold harmless PROVEN, its affiliates, employees, officers, and agents from any third-party claims, losses, or damages (including legal fees) arising from:

  • your use or misuse of CTP;
  • your breach of these Terms; and
  • your violation of any applicable law or rights of another party.

16. Force Majeure

PROVEN shall not be held responsible for failure or delay in fulfilling its obligations under these Terms when caused by circumstances beyond its control, including but not limited to natural disasters, cyberattacks, system failures, regulatory actions, or civil disturbances.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Cayman Islands. Any dispute arising under, out of or in connection with these Terms or their subject matter shall be subject to the exclusive jurisdiction of the courts of the Cayman Islands.

18. Miscellaneous

No Waiver: No failure or delay by PROVEN in exercising, or partial exercise or any right or provision of these Terms shall constitute a waiver of such right or provision.
Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement and Contact Information

These Terms & Conditions constitute the entire agreement between YOU and PROVEN regarding your use of Click to Pay (CTP) and supersede any prior agreements or understandings related to the subject matter herein.

If you have any questions or require assistance regarding these Terms or your use of CTP, please contact:

PROVEN Bank (Cayman) LTD. Customer Support Services 📧 Email: info@proven.com
📞 Phone: 345-9497822 🌐 Website: www.provenbank.com

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