Part A — Scope
1. About this Policy
1.1 This Acceptable Use and Content Policy ("Policy") sets out the rules that govern the use of native.cards and the content that may be created, published, issued or sent through it. It forms part of the Merchant Agreement and is incorporated into the Terms of Use. Capitalised terms have the meanings given in the Merchant Agreement. native.cards is the name and brand under which Platehaus Sdn. Bhd. operates the Platform; "we", "us" and "our" mean Platehaus Sdn. Bhd.
1.2 This Policy applies to every Merchant and each of its Authorised Users, and, to the extent relevant, to every other person who uses the Platform. In this Policy "you" means each such person.
1.3 This Policy applies to all Merchant Content, including business applications, Web Addresses, business pages, Programs, Program Terms, joining forms and questions, Wallet Card designs and artwork, Card Contact Details, rewards and offers, Notifications, QR and print materials, automatic replies, outlet details and links.
1.4 The Wallet Providers (Apple and Google), and the providers of services you connect, impose their own rules, which may be stricter than this Policy and may change. You must comply with whichever rule is strictest. Where a rule of a Wallet Provider requires us to refuse, change or remove something, we will do so even if this Policy does not expressly prohibit it.
1.5 The examples in this Policy are illustrative and not exhaustive. We apply this Policy according to its purpose: to protect Members, the public, Merchants, the Wallet Providers and the Platform.
2. The general rule
2.1 You may use native.cards only for lawful, honest and authorised purposes, in connection with a genuine business or organisation that you are entitled to represent, and for Programs that you genuinely operate.
2.2 All Merchant Content must be:
(a) lawful in Malaysia and in every other place where it is made available;
(b) accurate and not misleading, whether by statement, omission or presentation;
(c) yours to use: owned by you, or used with every permission required;
(d) relevant to your own business and Program; and
(e) suitable for a general audience, unless the Platform expressly provides a means of restricting it and you use that means.
Part B — Prohibited conduct
3. You must not
3.1 Unlawful or harmful use. Use the Platform to commit, facilitate or promote any offence or unlawful act, including fraud, money laundering, the financing of terrorism, the evasion of sanctions, the sale of prohibited goods, or the infringement of any person's rights.
3.2 Impersonation and misrepresentation. Impersonate any person, business, brand, public authority or official; misrepresent your identity, registration, licences, qualifications or affiliation; or apply for or operate an Account for a business that you are not authorised to represent.
3.3 Counterfeit or unauthorised credentials. Create, issue or present a Wallet Card that is counterfeit, that imitates a card, ticket, pass or identification of another issuer, or that purports to confer a status, entitlement or admission that you have no authority to confer.
3.4 False official documents. Create or present any Wallet Card or page as a government-issued or officially recognised identity document, licence, permit, certificate, visa or travel document, or use any name, crest, emblem or wording that suggests official status which you do not hold.
3.5 Payment and stored value. Use the Platform to issue, sell, load, store, transfer or redeem money, electronic money, stored value, prepaid credit, cash-redeemable vouchers, or any point or unit that is purchased for money, is denominated in currency, can be exchanged for cash, can be transferred between persons, or can be used with any business other than the Merchant that issued it; or to operate any scheme that requires approval, licensing or registration under the Financial Services Act 2013, the Islamic Financial Services Act 2013 or the Money Services Business Act 2011, save as expressly agreed in an Order Form with all approvals in place.
3.6 Misstating the record. Represent a Wallet Card, a screenshot, a notification or a preview as conclusive of a Member's balance or entitlement, or as proof of payment, identity, age or eligibility.
3.7 Security. Access or attempt to access the data, account or systems of any other person; circumvent or test any authentication, role, outlet, rate-limiting, review or isolation control; share credentials or Counter PINs; replay, forge or tamper with scan codes or requests; introduce malicious code; or conduct any security testing without our prior written consent.
3.8 Extraction and copying. Scrape, crawl, harvest or bulk-extract the Platform or its content, save for the reading of public pages by search engines and other crawlers in accordance with our published instructions to them (our robots.txt file); copy its designs, Templates, workflows or documentation for use outside the Services; or use the Platform or its output to develop a competing product or to train an artificial intelligence or machine-learning model.
3.9 Guessing identifiers. Enter member numbers, telephone numbers, codes or links in order to discover whether they exist, or look up any person otherwise than to serve that person under your own Program.
3.10 Misuse of Member Data. Sell, rent, trade or disclose Member Data; use it for any purpose other than operating your own Program; combine it with data from other sources to profile individuals without a lawful basis; link data obtained from or through a Member's Wallet Card with other user or device data for the purpose of targeted advertising or advertising measurement; or disclose any such data to a data broker.
3.11 Evading enforcement. Open or use another Account, Web Address or Program in order to continue any activity that we have restricted, or resubmit content that we have rejected without addressing the reason for rejection.
3.12 Fabricated activity. Record visits, purchases, redemptions, admissions, referrals or joins that did not take place; create fictitious Members; or manipulate any figure reported by the Platform.
Part C — Prohibited and restricted content
4. Content that is never permitted
4.1 Prohibited Content. You must not create, publish, issue, offer or send, and no Program, business or organisation may be operated on native.cards for, anything that contains, depicts, offers, promotes, facilitates or relates to any of the following ("Prohibited Content"):
Unlawful and harmful
(a) anything that is unlawful in Malaysia or in the place where it is made available, or that facilitates or encourages an offence;
(b) the sexual exploitation or abuse of children, or any sexualised depiction of a person under eighteen (18);
(c) terrorism, violent extremism, organised crime, or incitement to or glorification of violence;
(d) threats, harassment, bullying, stalking, or the targeting or exposure of any individual;
(e) the encouragement of suicide, self-harm or disordered eating;
(f) human trafficking, forced labour, or the sale of human organs, tissue or bodily fluids;
(g) cruelty to animals, or trade in protected wildlife or wildlife products;
(h) defamatory statements, or private, confidential or intimate information or images of any person published without that person's consent;
Alcohol, tobacco, drugs and gambling
(i) alcohol: alcoholic drinks of every kind, including beer, wine, spirits, liquor, cocktails and any drink marketed for its alcohol content; their sale, service, supply, tasting, pairing or promotion; "happy hour" and similar drinks offers; and events, clubs and memberships whose subject is alcohol;
(j) tobacco, cigarettes, cigars, shisha, smoking substances, substitute tobacco products, electronic cigarettes, vaping products, e-liquids, nicotine products and smoking accessories;
(k) unlawful drugs, controlled or scheduled substances, psychoactive substances sold for intoxication (including ketum and kratom), and drug paraphernalia;
(l) gambling, betting, wagering, casinos, gaming machines, lotteries, number-forecast games, football pools, fantasy contests played for money, and any game of chance played for money or money's worth, whether or not licensed;
(m) any promotion in which a prize is awarded by chance, including a lucky draw, raffle, sweepstake, lottery, tombola, "spin to win", "scratch and win" or instant-win mechanic;
Sexual and adult content
(n) pornography; nudity; sexually explicit, suggestive or obscene text, images or audio; sexualised depictions of any person;
(o) prostitution, escort, companionship and sexual services; adult entertainment and adult-only venues; sex toys and adult products; dating, match-making and "hook-up" services;
Religion and other sensitive subjects
(p) religious content: religious teaching, preaching, instruction, scripture, sermons, rulings or opinions; prayer, worship, ritual or pilgrimage as the subject of a Program or message; the promotion of, invitation to, or conversion to or from any religion, belief or sect; religious classes, talks and events; religious titles, offices and credentials; and any comment on, comparison of, criticism of or insult to any religion, belief, religious practice, religious figure or the followers of any religion;
(q) race, religion and royalty: any comment on, or content that touches, the position, rights, privileges or sensitivities of any race, ethnic group or religion, or the Rulers, the royal institutions or members of any royal family; and anything seditious or likely to cause disharmony, disunity, ill-will or hostility between persons or groups;
(r) hatred, contempt, ridicule, stereotyping or discrimination against any person or group on the ground of race, ethnicity, nationality, origin, religion, language, gender, sexual orientation, gender identity, disability, age, health or similar characteristic;
(s) any subject the publication of which is prohibited or restricted by Malaysian law, by a code or guideline of a Regulator, or by a Wallet Provider;
(t) content that exploits a death, disaster, emergency, conflict or public tragedy, or that takes a position on any war or armed conflict;
(u) occult practices, black magic, charms, talismans, fortune-telling, spiritual healing and similar services;
Deception and financial harm
(v) fraud, deception and unfair practices; phishing; the collection of passwords, one-time codes, banking details, payment card details or identity document numbers; impersonation of any person, business, bank or authority;
(w) pyramid schemes, multi-level marketing, chain letters, "get rich quick" and money-doubling schemes, unlicensed deposit-taking or investment schemes, and any promise of guaranteed financial return;
(x) unlicensed moneylending, pawnbroking, debt collection, credit repair, money changing or remittance; and binary options, contracts for difference and similar speculative products;
(y) cryptocurrency, tokens, non-fungible tokens and other digital assets, including their sale, promotion and "airdrops";
(z) false, misleading or unsubstantiated claims of any kind, including false scarcity or urgency, fake reviews or testimonials, false "free" offers and bait advertising;
Health and safety
(aa) prescription medicines, poisons, unregistered medicines and health products, and any medicine, medical device, supplement or treatment offered or promoted otherwise than as the law permits;
(bb) claims that a product or service prevents, diagnoses, treats or cures any disease or condition; "miracle" cures; and guaranteed weight-loss, body-shaping, whitening, slimming or sexual-enhancement claims;
(cc) weapons, firearms, ammunition, explosives, fireworks, knives sold as weapons, self-defence sprays, and instructions for making any of them;
(dd) counterfeit, replica, pirated, stolen, smuggled, recalled or unsafe goods, and goods that infringe intellectual property rights;
Security and misuse
(ee) malicious software, hacking, cracking, the defeat of security or copy-protection measures, surveillance and tracking tools, and devices for unlawful interception;
(ff) forged, falsified or novelty documents, credentials, certificates, tickets or identity documents, and any service that supplies them;
(gg) academic cheating, essay-writing and examination-taking services;
(hh) profanity, vulgar or obscene language, and gory, shocking or disgusting content; and
(ii) anything that a Wallet Provider prohibits or restricts in a pass, or that would, in our reasonable opinion, expose a Member, the public, Platehaus or a Wallet Provider to harm, legal liability, regulatory action or disrepute.
4.2 No exception for lawful trades. Clause 4.1 applies whether or not the activity is lawful or licensed, and whether or not the audience is of age. A business that lawfully sells alcohol, tobacco or any other item in clause 4.1 may not offer, name or promote it through native.cards.
4.3 Reasonable discretion. The list in clause 4.1 is not exhaustive. We may treat as Prohibited Content anything that we reasonably consider to be of the same nature or to present the same risk, and we may add to the list at any time. In case of doubt, ask us before you publish.
4A. Where the prohibition applies
4A.1 Every surface. Clause 4.1 applies to everything that you place on, send through or connect to native.cards, in any language and in any form (text, image, logo, icon, artwork, emoji, audio, video, link or code), including:
(a) your business name, trading name, description and Web Address;
(b) your business page and every Program page;
(c) the name, description, rules, tiers, questions and Program Terms of a Program, and your privacy and marketing notices;
(d) every offer, reward, benefit, voucher, discount, ticket, event, journey and policy card, including what the reward or benefit itself is and the name and subject of any event;
(e) every Wallet Card: its design, artwork, strip and background images, fields, labels, back-of-card text, barcode content and Card Contact Details;
(f) every Notification, email and automatic reply, including its heading, text and any image;
(g) identification pages and the details, titles, offices and photographs shown on them;
(h) QR codes, print materials, signs and anything else generated through the Services;
(i) your replies to reviews and comments made through the Services;
(j) every link, and the page or service to which any link, QR code or button leads, whether or not you operate it; and
(k) any content received from a service you connect and displayed or sent through the Services.
4A.2 Ineligible businesses. A business or organisation whose principal activity is within clause 4.1 may not use native.cards at all. This includes: bars, pubs, clubs, lounges, breweries, distilleries, wineries, bottle shops and other businesses whose principal trade is alcohol; tobacconists, shisha lounges and vape shops; casinos, gaming outlets, betting and lottery operators and their agents; adult entertainment and adult product businesses; places of worship, religious bodies, religious schools and religious charities; dealers in weapons; and any business that operates unlawfully or without a licence that the law requires.
4A.3 Mixed businesses. A business that is otherwise eligible but also sells an item within clause 4.1 (for example a restaurant, hotel, supermarket or convenience store) may use native.cards, provided that:
(a) nothing that it places on or sends through native.cards names, depicts, offers or promotes that item;
(b) no Program benefit is offered for, awarded as, or redeemable for that item; and
(c) it does not present or promote its Program in connection with that item.
4A.4 What is not prohibited. The following are permitted, provided that they contain nothing else within clause 4.1:
(a) a plain greeting, or an ordinary offer, for a public festival or holiday (such as Hari Raya Aidilfitri, Chinese New Year, Deepavali, Christmas, Wesak, Gawai and Kaamatan), without religious message, teaching or imagery of worship;
(b) a statement that food or goods are halal, in accordance with clause 5(f);
(c) factual information about ingredients, allergens and dietary suitability;
(d) the ordinary administration, by a school, employer, club, association, charity or welfare body that is not within clause 4A.2, of its own members' identification cards;
(e) a pharmacy, clinic or other registered healthcare provider identifying itself, its registration, its services in general terms and its opening hours, without promoting any medicine or making any claim within clause 4.1(bb); and
(f) a licensed travel operator's identification of the members of a tour group, including a pilgrimage group, limited to travel, contact and safety details and without religious content.
5. Restricted categories
The following may be the subject of a Program only where the activity is lawful, you hold every licence, registration and approval required, your content complies with the laws and codes that govern its advertising, the content is not directed at persons below the lawful age, and we have given prior written approval. We may refuse any of them, and may withdraw approval at any time.
(a) Healthcare, pharmacies, dental, optical, aesthetic and wellness services, health supplements and cosmetics. No medicine may be promoted, and any advertisement must hold the approval required under the Medicines (Advertisement and Sale) Act 1956 and related laws.
(b) Financial services, insurance and takaful. Permitted only for a person licensed, approved or registered by the relevant authority, for the identification and servicing of its existing customers and policyholders, and not for the promotion of any investment or credit.
(c) Contests decided by skill. Permitted provided that the contest has clear published rules, requires no payment for entry, involves no element of chance in the selection of winners, and is conducted honestly.
(d) Age-restricted goods and services not otherwise within clause 4.1.
(e) Infant formula and products for infants and young children, the promotion of which is restricted.
(f) Halal. You must not describe any food, goods or service as halal, or use any expression or symbol indicating that Muslims may consume or use it, unless it is certified as halal by the competent authority in accordance with the Trade Descriptions Act 2011 and the orders made under it. A halal statement must be limited to the fact of certification.
(g) Charities and fundraising. Permitted only for a body registered or approved to solicit donations, which is not within clause 4A.2, and with every permit that the law requires.
(h) Programs for or directed at persons under eighteen (18), including schools, tuition centres, childcare and youth sport, subject to clause 10.3.
6. Intellectual property and endorsements
6.1 You must own, or hold a sufficient licence or permission for, every name, trade mark, logo, photograph, image, illustration, font, text and other material in your content, including the permission of any identifiable person depicted.
6.2 You must not: (a) use the name, mark, logo or trade dress of another business in a manner that is likely to confuse or to suggest an association that does not exist; (b) state or imply that your business, Program or card is sponsored, endorsed, approved or operated by Apple, Google, native.cards, any bank, any card scheme, any public authority or any other person, unless that is true and you can prove it; or (c) use the "Add to Apple Wallet" badge, the "Add to Google Wallet" button or any other Wallet Provider mark otherwise than as the Platform presents it or the Wallet Provider's guidelines permit.
6.3 We may require you to produce evidence of your rights at any time.
Part D — Standards for Wallet Cards
7. Wallet Cards
7.1 Identity of the issuer. Each Wallet Card must clearly identify the business to which it relates, by its real name and brand. Your Card Contact Details must be genuine, current and monitored, so that a Member can reach you with a question, complaint or claim.
7.2 Accuracy. The content of a Wallet Card must accurately describe the Program, the Member's status and any benefit. You must not design a card to resemble a payment card, a bank card, a government document, or the card of another brand.
7.3 Personal data on the card. Place on a Wallet Card only the personal data that needs to be there. You must not include in a Wallet Card that is saved to Apple Wallet or Google Wallet, or in any field that may be seen by a person other than the holder, any sensitive personal data within the meaning of the Personal Data Protection Act 2010 (including information as to health), any national identity card or passport number, any biometric identifier, or any financial account detail. Where a Program requires such information, it must be held only on the access-controlled page of the Platform, in a field restricted to the holder and to your authorised staff.
7.4 Codes. The barcode or QR code on a Wallet Card must be the code generated by the Platform. You must not encode personal data, contact details or third-party links in it.
7.5 Links and actions. A link or action on a Wallet Card or business page must lead where it says it leads, to a destination that you control or are entitled to use, that relates to your Program, and that complies with this Policy. Links must not lead to malware, to pages that collect credentials or payment details deceptively, or to content prohibited by Part C.
7.6 Locations. Location details placed on a Wallet Card must be the real locations of your own Outlets, and must be used only to make the card relevant when a Member is nearby. You must not state or imply that Members are being tracked.
7.7 No charge. You must not charge a Member for saving a Wallet Card to a wallet or for presenting it.
7.8 Images. Artwork must be of adequate quality, must not contain small print that purports to bind the Member, and must not contain personal data other than a portrait on an identification card that the holder has agreed to.
7.9 Identification cards. An identification card must state, or make plain from its context, that it is issued by your organisation. Photographs must be genuine likenesses of the holder, lawfully obtained. Public visibility of any detail must be limited to what a person verifying the card needs to see.
7.10 Tickets and passes. You must issue no more tickets than you can honour, must state clearly the event, date, time and venue or journey, and must have a fair process for a holder whose device fails at the point of admission.
Part E — Standards for Notifications
8. Notifications
8.1 Who may be sent a Notification. You may send a Notification only to Members of your own Program, through that Program's Wallet Card or to the contact details that the Member gave for that Program.
8.2 What it may be about. A Notification must be about that Program, or about your own goods, services and offers. You must not use Notifications to advertise any third party, to promote another Program, or to carry content unrelated to the card. A Notification is for telling a Member about his or her own membership, card, benefits and your own offers. It must not be used to campaign, to canvass, to advocate for or against any cause or person, to comment on public affairs, or to solicit support or donations.
8.3 Consent for promotions. A promotional Notification (one that advertises or markets goods, services or offers) may be sent only to a Member whose agreement to receive offers from you is current. The Platform enforces this; you must not attempt to circumvent it, including by describing a promotion as a service message.
8.4 Service messages. A Notification that tells a Member about his or her own membership (such as a change of balance, a reward that has become available, or a reminder that the Member asked for) is a service message. It must be true, specific to that Member and free of promotional content.
8.5 Frequency. No more than three (3) Notifications may be delivered to any one Wallet Card in any period of twenty-four (24) hours. Within that limit, you must send only what your Members would reasonably expect and welcome.
8.6 Content. The heading and text of a Notification must:
(a) be truthful, clear and complete enough not to mislead;
(b) not contain any web address, link, telephone number, messaging handle or social media handle, or any instruction to scan or replace a code;
(c) not contain sensitive personal data, identification numbers or any detail about a Member that the Member would not expect to appear on a lock screen;
(d) not create false urgency or scarcity, or use pressure tactics;
(e) not imitate a system alert, a security warning, a bank or a public authority;
(f) not contain Prohibited Content; and
(g) be in a language your Members can be expected to understand.
8.7 Review. New Notification wording is reviewed before first use. Approved wording may be reused subject to automated checks. Approval is not a warranty by us that the Notification is lawful.
8.8 Withdrawal. A Member may at any time withdraw agreement to receive offers, switch off notifications for a card in the wallet, or close the membership. You must not penalise a Member for doing so, save that benefits which are available only to Members who receive offers may cease.
8.9 Our controls. We may at any time limit, pause or disable promotional Notifications for a Program, or for delivery through a particular Wallet Provider, where we consider it necessary to protect Members, the Platform or our standing with a Wallet Provider.
8.10 Email. Marketing email must identify you as the sender, must include a working means of unsubscribing, and must comply with clauses 8.2, 8.3 and 8.6(a) and (d) to (g).
Part F — Standards for Programs
9. Program integrity
9.1 Clear terms. Your Program Terms must state, clearly and prominently: who may join; how Program benefits are earned and used; every material condition, limit and exclusion; whether and when benefits expire; how the Program may be changed or ended and what happens to unused benefits; and how a Member may contact you and complain.
9.2 Honouring benefits. You must honour every benefit validly earned. You must not advertise a reward that you do not intend, or are not able, to supply in reasonable quantities, and you must not make retroactive changes that deprive Members of benefits already earned without reasonable notice and opportunity to use them.
9.3 Honest promotion. Every price, discount, saving, comparison and claim that you publish must be true and capable of substantiation, and must comply with the Consumer Protection Act 1999, the Trade Descriptions Act 2011 and the Price Control and Anti-Profiteering Act 2011. Where you describe anything as "free", every condition attached to it must be stated with equal prominence. Where you describe an offer as limited, the limit must be real. You are responsible for any notice or permit that the law requires for a sale or price promotion.
9.4 Referrals. A referral arrangement must reward only the genuine introduction of a new Member, by a share of or bonus on Program benefits that you issue. You must not require any payment to take part, reward recruitment for its own sake, or operate more than one level of reward. You must not encourage Members to send unsolicited messages.
9.5 Counter integrity. Entries at the Counter must be made by the staff member whose PIN is used, at the time of and in respect of a genuine transaction or event. Corrections must be made through the correction functions of the Platform, with a true reason.
9.6 Joining questions. Ask only for what your Program needs. Each custom question is subject to review. You must not ask for passwords, banking or payment card details, or national identity card numbers. You must not ask for sensitive personal data unless the Program genuinely requires it and you comply with clause 10.
10. Personal data standards
10.1 You must comply with the Personal Data Protection Act 2010 and with the Data Processing Agreement.
10.2 Sensitive personal data. You may collect or display sensitive personal data only where your Program genuinely requires it, with the explicit consent of the individual (or another ground permitted by law), and restricted to those who need to see it. The cautionary notes shown in Templates are guidance only; the decision and the responsibility are yours.
10.3 Persons under 18. You must not enrol, or issue a card to, a person under eighteen (18) without the consent of a parent, guardian or person with parental responsibility. A card that names children (for example a collection authority) must be issued with particular care and restricted visibility.
10.4 People who have not joined. Before you enter the details of a person who has not joined through the Platform (for example an invitee, an employee or a student), you must have a lawful basis and must have told that person.
10.5 Exports. Member Data that you export or print is your responsibility. Keep it secure, and do not retain it for longer than you need it.
11. Connected services
11.1 Social media automatic replies. You must comply with the terms and policies of the social media platform. An automatic reply must be relevant to the comment or message that triggered it, must identify your business, and must not be sent more than once in respect of the same trigger. You must not use automatic replies to send unsolicited promotions to people who have not interacted with you.
11.2 Advertising platforms. You may share Member Data with an advertising platform only through the consent mechanism that the Platform provides, and must comply with that platform's terms on customer data.
11.3 Reviews. You must not offer any reward or benefit in exchange for a review, for a review of a particular rating, or for the removal of a review, where the terms of the review service prohibit it; and you must not post, procure or reply with false or misleading reviews.
11.4 Point-of-sale and online stores. You must connect only a system that you are entitled to connect, and you are responsible for the accuracy of the order data it supplies.
12. Web Addresses and business pages
12.1 A requested Web Address must correspond to your own name or brand. It must not be, or be confusingly similar to, the name or mark of another person, a public authority, a bank or a payment service; must not be generic in a manner that would mislead (for example by suggesting an official or platform function); and must not be offensive.
12.2 Your business page must describe your real business, with accurate contact details, locations and opening hours.
Part G — Review and enforcement
13. Review
13.1 Certain content and actions are reviewed before they take effect. Review may be carried out by our personnel, by automated checks, or both. Automated checks may include tools that use artificial intelligence, supplied by third parties, to read the wording you submit.
13.2 The following are always decided by a person: a business application; a requested Web Address; the first approval of a Program; and the first approval of a Wallet Card design and any new artwork.
13.3 On review we may approve, approve with corrections, return for changes, or reject. We will tell you the outcome and, where we can, the reason.
13.4 Review reduces risk; it does not remove your responsibility. Approval relates only to the version reviewed, is not legal advice, and is not a warranty that the content is lawful, accurate or acceptable to a Wallet Provider. A material change requires fresh review.
14. Enforcement
14.1 What we may do. Where we consider that this Policy has been, is being or is likely to be breached, we may, in our discretion and without liability to you, take any one or more of the following actions, in any order and at any time:
(a) request information, evidence or an explanation;
(b) require you to change, withdraw or remove any content;
(c) reject, edit, remove, unpublish, hide or decline to publish or deliver any content;
(d) cancel, recall or stop a Notification, including one that is scheduled or in the course of delivery;
(e) pause the issue of new Wallet Cards, and suspend, expire, void or revoke Wallet Cards already issued;
(f) restrict, disable or withdraw any feature, link, QR code, Integration, Outlet, Web Address or Program;
(g) suspend or close your Account, in whole or in part, immediately;
(h) terminate the Merchant Agreement;
(i) refuse any future application from you, from any person connected with you, or for the same business under another name;
(j) inform your Members that a Program, Wallet Card or Notification has been stopped, and why;
(k) preserve records and disclose them to a Wallet Provider, a Regulator, a court or a law enforcement agency, and report the matter to any of them; and
(l) take any other step that we reasonably consider necessary to protect Members, the public, the Wallet Providers, other merchants or the Platform.
14.2 No prior notice required. We may take any action under clause 14.1 without prior notice where: (a) the matter concerns Prohibited Content; (b) we consider it necessary to prevent harm or further breach; (c) a Wallet Provider, a Regulator, a court or a law enforcement agency requires or requests it; (d) the law requires it; or (e) the security or standing of the Platform, or of our accounts with a Wallet Provider, is at risk. In other cases we will ordinarily give you an opportunity to put the matter right first.
14.3 Zero tolerance. The publication of Prohibited Content, or any attempt to circumvent review or a restriction, is a material breach of the Merchant Agreement that is not capable of remedy, and entitles us to suspend or terminate with immediate effect. A single instance is sufficient.
14.4 Our determination. Whether content is Prohibited Content, and whether this Policy has been breached, is determined by us acting reasonably and in good faith. We are not required to wait for a complaint, a ruling of a court or the decision of any authority before acting, and the fact that content was previously approved, published or left in place does not prevent us from acting later.
14.5 Proportion. In deciding what action to take, we may have regard to: the nature and seriousness of the breach; the harm or risk to Members and others; whether it appears deliberate; whether it has been repeated; your response; and any requirement of law or of a Wallet Provider. We are not obliged to take the least severe action available.
14.6 Consequences for you. Where we act under this clause 14: (a) you are not entitled to any refund, credit or compensation; (b) you remain liable for all Fees accrued and for your obligations to your Members; (c) you shall indemnify us in accordance with the Merchant Agreement for any loss, fine, penalty or cost that we incur as a result of the breach, including any action taken against us or our accounts by a Wallet Provider or a Regulator; and (d) we are not liable to you, to your Members or to any other person for the consequences of our action.
14.7 Reconsideration. You may ask us to reconsider a decision, through the report page at https://native.cards/legal/report or by writing to support@native.cards, within fourteen (14) days of being notified of it, explaining why you believe it was wrong and enclosing any evidence. A person who was not responsible for the original decision will consider your request where that is reasonably practicable, and we will tell you the outcome. We do not undertake to decide within any particular time, and our action remains in effect in the meantime.
14.8 Wallet Providers. A restriction imposed by us is separate from, and additional to, any action taken by a Wallet Provider, over which we have no control.
14.9 No waiver. Our failure to act on a breach, or our approval of any content, is not a waiver of this Policy and does not prevent us from acting on that or any later breach.
Part H — Reporting and takedown
15. Reporting a concern
15.1 Any person may report content or conduct that appears to breach this Policy through the report page at https://native.cards/legal/report, or by writing to support@native.cards with the subject line "Report". Please state: (a) the business, page, card or message concerned, with its web address if you have it; (b) what the concern is; (c) when you saw it; and (d) how we may contact you. Do not send more personal data than is needed.
15.2 If anyone is at immediate risk of harm, contact the police or the appropriate emergency service first.
15.3 We will consider each report and take such action as we consider appropriate. We may not be able to tell you the outcome.
16. Intellectual property complaints
16.1 If you believe that content on the Platform infringes your copyright, trade mark or other intellectual property right, send a written notice, through the report page at https://native.cards/legal/report or to admin@native.cards, containing:
(a) your name, address, telephone number and email address, and, if you act for the owner of the right, a statement of your authority;
(b) identification of the work or mark that you say is infringed, and of your right in it;
(c) identification of the content complained of, and its location on the Platform, in sufficient detail for us to find it;
(d) a statement that you believe in good faith that the use complained of is not authorised by the owner of the right, its agent or the law;
(e) a statement that the information in the notice is accurate, and an undertaking to compensate us and any other person against any damage, loss or liability arising from our compliance with the notice; and
(f) your signature, physical or electronic.
16.2 On receipt of a notice of copyright infringement that complies with Part VIB of the Copyright Act 1987, we will remove or disable access to the content within forty-eight (48) hours, and will notify the Merchant or user who published it.
16.3 A person whose content has been removed may send us a counter-notice containing: his or her name and contact details; identification of the content removed; a statement of good-faith belief that it was removed by mistake or misidentification; and an undertaking equivalent to that in clause 16.1(e). On receipt of a compliant counter-notice we will inform the complainant and will restore the content within ten (10) Business Days, unless the complainant informs us within that time that it has commenced proceedings to restrain the alleged infringement.
16.4 We may terminate the Account of any person who repeatedly infringes the rights of others.
16.5 A person who knowingly makes a false statement in a notice or counter-notice may be liable in damages and may commit an offence.
Part I — General
17. Changes
We may amend this Policy from time to time, including to reflect changes in the law or in the rules of a Wallet Provider. The current version is published in the Legal Centre. Material changes are notified in accordance with the Merchant Agreement.
18. Contact
Questions about this Policy: support@native.cards. Legal notices: admin@native.cards.
Questions about this document: support@native.cards. All legal documents