Whereas the Customer requested Max IT Finance Ltd. and/or Max IT Deposits Ltd. and/or ICP Finance Ltd. to issue to him a Card, as defined, below.

Whereas the parties agree that the paragraph of this agreement will apply to the Card, as defined below.

Therefore it was agreed and stipulated between the parties as follow.

1. Preamble The preamble of this agreement constitutes an integral part thereof.

B.  Definitions

“Demand to Pay Voucher” – The transfer of a voucher by the service provider for collection from the Company or in any other matter agreed between the Company and the service provider, including transfer by electronic means.

The “Company” – Max IT Finance Ltd. and/or Max IT Deposits Ltd. and/or anyone on its behalf and/or ICP Finance Ltd. (hereinafter” “ICP”), as applicable.

The “Card” – A card for the use of the customer in and outside of Israel. The Card is a prepaid card and for instant debit. The Card is loaded by the customer through debiting another debit card of the customer and/or by any other means of payment approved by the Company and used for  cash  withdrawal  (subject to the Company’s approval) and/or for purchasing products and/or assets and/ or services by the customer from the service providers.

The “Customer” or the “Cardholder”– The person who holds the Card per his request.

The “Company’s Customary Rate” – The representative rate according to which the Company calculated the conversion from any foreign currency to the debit currency as of the date the transaction was received in the Company’s system.

The “Payment Services Law” or the “Law” – the Payment Services Law, 5779-2019, including the regulations enacted by virtue thereof as they may change from time to time, or any other law replacing it.

“Business Day” – A day in which most of the Company’s business   operates and in which banking corporations clear banking transmissions.

“Service Provider” – A business, bank or any other entity, in and outside of Israel, that provides goods,  services  or  funds to the Cardholder, and  which  honors  the Card.

The “Voucher Amount” – the amount stated on the Voucher as the transaction amount, whether in Israeli currency or foreign currency. If the Voucher Amount is stated in foreign currency, this amount will be converted   to   Israeli   currency   at the Company’s Customary Rate, as defined above.

“Voucher” – A document or any other media for data recording (including electronic), on which the Card number was recorded, issued by the service provider as evidence of provision of goods, service or funds to the Cardholders.

“Misuse” – Misuse of the Card as defined in the Payment Services Law and in this agreement.

C.  General

1. The Card is Company property, intended solely for the use of the Cardholder, and

only he may possess it and use it. The Cardholder undertakes to keep it and prevent its use by other/s, and is not permitted to give it to another under any circumstances   except   for   safekeeping in reasonable circumstances (for the avoidance of doubt, giving the Card with its cash withdrawal PIN, as defined below, is not deemed reasonable circumstances).

If the issued Card was issued for the Cardholder’s use as part of his employment with an organization or workplace, the Cardholder declares that he will only use the Card in accordance with the instructions of such organization or workplace.

2. The Cardholder shall sign at the back of the Card immediately upon its receipt, if the Card does not feature a scanned
3. The Cardholder is entitled to notify the Company in writing of terminating the contract at any time under the terms of this agreement. However, the contract will terminate only upon the return of the Card, in a manner described in Section 6
4. The Card will be valid through the date stated on it as its expiration date. Should the Cardholder request the Company before the Card’s expiration date to renew the Card, the Company will deliver to the Cardholder a new Card that will be valid for a period determined by the Upon receiving the new Card, the Cardholder will return the expired Card to the Company, or if the Company so requests, he shall destroy the old Card and notify the Company. The Company may at any time block the Card from being used for any services, or notify the Cardholder of revoking his entitlement to use the Card. The cancellation will enter

into effect upon delivery of such notice.  In any case, the Company has a right to refuse provision of a new or another Card without explanation. If the Card has a credit balance, the paragraph of Section 9 below on reimbursing the credit balance will apply.

5. The Cardholder undertakes to return the Card immediately to the Company if he is no longer entitled to use the
6. In this Agreement, returning the Card means its actual delivery to the Company or cutting the Card across the magnetic strip and sending it to the Company by registered
7. The Company will not return forms and/ or documents provided to the Company by the Cardholder/applicant.

D.  Loading and unloading the Card

8. At the request of the Cardholder, the Card will be loaded with funds in the manner and amounts enabled by the Company from time to time. Loading the Card will be made by using another charge card of the Cardholder or in another manner, as the Company shall approve from time to time. The amounts will not exceed the amounts set by the Company from time to time. Without detracting from the generality of Section 25 below, every loading of the Card will be subject to a fee in the amount prescribed in the fee schedule, as set by the Company from time to time. The Cardholder can be informed of the credit balance in the Card at any time by dialing 03-6178599.

9. Unloading the Card, in full or in part, shall be made by order of the Cardholder or the Company (as the case may be) in  a manner permitted by the Company from time to time. ICP shall credit the Cardholder in the amount accumulated at that time in the card less liabilities and/ or fees, all according to the Company’s procedures at the

E.   Using the Card for purchases from service providers

10. The Cardholder hereby undertakes not to use the Card for purchases in amounts of which cumulative value exceeds the cumulative credit balance in the Card at the time of purchase. The Cardholder hereby states that he knows that the permitted maximum amount will be offset by transactions of which approval was requested by a service provider and has not yet been executed. The Card will be debited for such purchases immediately or soon after the time they are made, at the discretion of the

It is clarified that ICP may keep a sufficient balance in each Card for paying the amount due to it and not allow any actions with the Card due to that for these amounts.

11. When purchasing above the credit balance in the Card, the Company may decline the
12. The Cardholder may use the Card for ordinary transactions only. No installments or credit or automatic debit transactions will be approved, and the Cardholder will not be approved for any credit    transactions     If   the   Cardholder   perform,   contrary   to the foregoing, other than ordinary transactions, the Company will deem and

treat such transaction as ordinary.

13. The Company will not be liable if a service provider refuses to honor the Card or subjects its use to any conditions. In any event, the Company will not be liable to goods and services purchased or funds withdrawn by the Cardholder from any service No obligation will apply to the Company to take any measures against a service provider due to allegations or claims of the Cardholder toward it, and even if the Company investigates such allegations, the investigation will be conducted within the customer service framework without an obligation to do so and this shall not impose any liability or responsibility on the Company. However, if due to a transaction between the service provider and the Cardholder, the service provider transfers to the Company any funds for the Cardholder, the amount will be credited to the Card, less fees.
14. Upon performing a transaction with a service provider, the Cardholder will examine the details on the voucher and confirm their correctness. The Cardholder signature on the voucher is evidence to the verity of the voucher’s details, including the sum stated on it. The Cardholder is aware that a Card containing an electronic chip (hereinafter: “Smart Card”) requires entering the personal identification number (“PIN”) upon purchasing an asset from a service provider, where the service provider has an electronic point of sale intended for Smart Cards. The foregoing

shall not detract from the Cardholder’s obligation to guard his PIN, and the Cardholder is aware that entering the PIN is in lieu of signing the voucher, and that a transaction made in such manner shall not be considered “transaction by incomplete document”, as its meaning in law.

15. The Cardholder confirms that he is aware that when the Company approved a voucher of any amount, the service provider is credited with the voucher’s amount, whether immediately or at another

F. Using the Card for cash withdrawal

16. (a) The Cardholder states that he is aware that the Company may permit the Card’s use for cash withdrawal from ATMs installed in banks and other venues for withdrawal of foreign

(b)   Cash   withdrawal   from   ATMs   will be done according to the instructions on the machines or on their side or on their screens.

G.       Cash withdrawal and receipt of information

17. If the Company enables withdrawal from automated teller machines, the Cardholder hereby undertakes not withdraw from them cumulative amounts that exceed the cumulative credit balance on the Card at the time of withdrawal. In any event, the Cardholder shall not withdraw cash of which cumulative amounts exceeds the amount prescribed by the Company as the maximum

withdrawal limit. The Card will be debited for cash withdrawn done through it immediately upon the withdrawal or soon thereafter, at the Company’s discretion.

18. Subject to the stated in Section 25 below, as long as the Card has not been returned, the Cardholder   undertakes   to pay the Company and the Company may charge the Card for the withdrawn amounts even if they were made by unauthorized persons and even if they exceeded the amounts permitted to the Cardholder to

H. Cancelling the Card

19. Without derogating from the generality of Section 4 above, the Company may, in any one of the cases enumerated below, to immediately cancel or suspend or limit the right of the Cardholder to use the Card, or to do likewise to other cards of the Cardholder, and also to transfer charges from one card to another card that was issued by the Company:

• The Cardholder breached any obligation he undertook toward the Company;
• The Company believes that there is reasonable concern that the Cardholder will be unable to meet his obligations toward it;
• The Cardholder died, declared legally unfit or bankrupt, imprisoned, arrested or left the
• There is an imminent concern for misuse, including fraud, in connection with the Card and/or its theft and/or use

of the Card that exceeds the available balance and the Cardholder cannot be contacted by reasonable means;

• The Cardholder’s statements in his application to receive the Card were found out to be untrue and/or inaccurate;
• Any of the grounds above in regard to another card held by the The Cardholder hereby undertakes not to use a Card that has been canceled and/or blocked and/or suspended and/or invalidated for any reason whatsoever, and in the event the Company receives charges for the Card after its cancellation and/or blocking and/or suspension for any reason whatsoever.

20. The Company will give notice to the Cardholder on the Card’s cancellation or suspension of the right of the Cardholder to use the card immediately upon the cancellation or when suspension
21. Should the Card be cancelled for any reason and there remains a credit balance, its unloading shall be done as stated in Section 9

I. Liability upon loss, theft or misuse of the Card

22. Subject to the following and the provisions of the Payment Services Law, the Cardholder undertakes to pay, and the Company is entitled to charge the Card in the amounts of all the transactions made through the Card before the Customer gave notice of loss, theft or misuse of the Card, regardless whether the use of the

Card was made by an unauthorized person and even if made while the Cardholder exceeded its terms under this agreement.

23. The Cardholder confirms that he is aware that the loss of the Card may cause damage, and that damage that was caused due to misuse of the Card is not limited to an amount of one cash withdrawal or one purchase, but to the amount that derives from multiple withdrawals or The Cardholder undertakes to immediately notify the company of the theft of the Card or its loss or misuse. The Cardholder undertakes to take reasonable measures to locate the Card and return it to the Company, to cooperate with the Company as much as it requires in investigating the circumstances of the loss, theft or misuse of the Card, including filing a complaint with the police, if required, and to sign any written statements according to the  Company’s directives. In his statement and/or declaration, the Cardholder will provide details about the supposed place and time of the loss or the theft of the Card, or its last use, the identities of the suspects as well as a description of other articles stolen or lost that may assist in returning the Card. The Cardholder also undertakes not to use the card and/or its number after the Company received notice of the theft or loss and to return it immediately to the Company if it is found by the Cardholder after he gave notice of the theft or loss.
24. The liability for the damage caused

as a result of misuse of the Card will be limited under the paragraph of law as they will be from time to time, provided the Cardholder acted in accordance with the paragraph of law.

J. Fees, taxes and expenses

25. The Cardholder undertakes to pay, and the Company will be entitled to charge, from time to time, the following:

• Fees set by the Company, from time to time, at their rate from time to time,  in connection with the Card when  used for purchases from a service provider, cash withdrawals and services to the Cardholder;
• Any tax, levy or other mandatory payment applying  due  to  the  use  of  the Card;
• Reasonable special expenses incurred to the Company due to the use of the Card;
• A fee, according to the fee schedule customary at the Company at the time, for all the expenses incurred to the Company due to the suspension of the Cardholder’s right to use the Card;
• Collection expenses incurred to the Company due to arrears or failure to honor the liabilities of the Cardholder/applicant toward the Company, including handling charges, investigations, service of documents, card repossession and court expenses and Execution Office expenses;
• Reasonable legal

K.  Company notices and records

26. Any notice to the Cardholder and/or

applicant deriving from this agreement shall be given  by  the  Company  through a notice to the Cardholder as the Company deems suitable, including an advertisement in a daily  newspaper  or  by sending  a  message.  The foregoing will be subject to the relevant Bank of Israel procedures and any other relevant provision of law.

27. The Cardholder’s address, including his email address, will be the address for mailing documents provided by the Cardholder to the Company. The Cardholder undertakes to notify the Company in writing on any change of his Any notice sent to the Cardholder at this address will be deemed received within two (2) business days from the day it was sent, and if sent by email, on the day it was sent. The Cardholder may notify on a change of his address.

L.      Release of liability in certain circumstances

28. The Cardholder hereby releases the Company from any liability due to damage, loss, expenses and other payment that may be incurred to him, directly or indirectly, resulting from shortage of cash or malfunction in the ATMs,  the  banks’  or the Company’s computers and their peripheral equipment or due to lack The Cardholder further releases the Company from all liability in the case of cancelling the Card by  the  Company  as a result of circumstances outside the control of the Company or in cases in

which the Company did not grant, limited or cancelled approval of transactions and actions through the Card in accordance with this agreement. The Cardholder states that he is aware that any transaction   made   through   the Card   is   implemented   only   after the Company’s approval to the service provider, whether online or by any other means. The Cardholder is aware that in order to provide services to a Cardholder staying overseas, or to enable transaction with service provider located overseas, the Company must use service centers overseas. The Company shall not liable for any mistake or omission or malfunction in such center. The above release shall apply only to cases not under the Company’s control where the Company made a reasonable effort to prevent them. Notwithstanding the above, it is hereby agreed that the Company shall not be exempt if the Cardholder proves that the damage, loss or expense as such resulted from negligence of the Company. It is further agreed that in any case that liability is imposed on the Company for any reason for damage, loss, expense or payment, including the above, the Company’s liability will be limited only due to direct damages caused as aforesaid.

M. Waiver of confidentiality and privacy protection

29. The Cardholder hereby agrees and confirms that the Company will be permitted to provide to ICP at any time,

and ICP will be permitted to provide to the Company at any time, upon request, any information in connection with the Card and/or the Cardholder for the purpose of its activation, service provision, etc.

In addition, if the issued Card was issued for the Cardholder’s use as part of his employment with an organization or workplace, the Cardholder declares and agrees that information in connection with the use of the Card will be transferred by Max IT Finance Ltd. and/or ICP Finance Ltd. to the Cardholder’s organization or workplace, and the Cardholder waives the duty of confidentiality that Max IT Finance Ltd. and/or ICP Finance Ltd. have to him in this regard, if any.

30. The Cardholder hereby agrees and confirms that for the purpose of collection, the Company will be allowed to provide information about him to any entity, and any entity will be allowed to provide the Company, upon request, any relevant information for collection
31. The Cardholder hereby confirms and authorizes the Company to inquire with any entity that holds any information about him for the receipt of information about any card that was issued to him in the past or any other item of information which the Company deems relevant to decision making regarding the issuance of the Card and its terms of issue, and authorizes any entity to provide such information to the Furthermore, the Cardholder authorizes the Company to provide information about him to any entity that the Cardholder authorizes to receive such information.
32. The Cardholder confirms that he is aware that the information he provides to the Company is required for its decision making regarding the issuance of the Card, its renewal and cancellation. The Cardholder hereby states that he provides the information willingly and that he has no legal obligation to provide it. The Cardholder also confirms that he is aware

that the information provided to the Company will be held, all or part thereof, in databases, whether automated or other, at the Company and other entities that handle the technical aspect involved in the use of the Card. Clearance, collection or any other activity required to provide the service to which the Company is obligated under this agreement, including at ICP.

33. The Cardholder confirms that he knows that the information he provides to the Company and information about the transaction made using the Card will be transferred, if necessary for the purposes of performing this agreement, to other credit card companies, if necessary for the purposes of this
34. Subject to his request in the application, the Cardholder confirms and agrees that the information he provides to the Company and information about the transaction performed using the Card will be used to offer to him various goods and services that he may have interest in, from time to time, and authorizes the Company to use the information for marketing and direct mail advertising, subject to his rights under the Privacy Protection Law, 5741-1981. In addition, the Company may send the Cardholder SMS messages on transactions made using the Card and which are suspected as unauthorized   or   notices   on    declining    to  approve  a

N.  Claims against the Company

35. The Cardholder shall  indemnify  and compensate the Company for any reasonable loss, damage or expense (including attorney’s fees), incurred  to the Company as a result of any lawsuit, proceeding or demand deriving from a dispute constituting a dispute between the Cardholder and a third party in Israel or overseas. In addition, in the event of such a lawsuit, proceeding or demand, the Company is entitled to take any action it deems

O.  PIN

36. The Cardholder agrees not to write down the personal identification number for cash withdrawal – plainly or in an encrypted form, on the Card or on any document or object held together or close to the Card, and not to reveal to others the cash withdrawal PIN. The Cardholder also undertakes not to hold the cash withdrawal PIN, plainly or in an encrypted form, in the same place the Card is

P. Lien and offset

37. The Company will have a right of lien on any asset held by the Company and also a right of offset on any amount due to the Company from the Cardholder – against any amount due to the Cardholder from the

Q.  Applicability and use restrictions

38. The Company will be entitled, at any time, to limit the Card in various manners, including restricting the card:

(a) in loading amounts; (b) in transaction or purchase amounts; (c) in cash withdrawal amounts; (d) such that it will not be used with certain service providers and/or certain services.

39. Sections 23, 24, 27, 28, 29, 30, 31, 32,

34, 35, 36, 37, 38, 43 and 44 above and below, will apply also after this agreement terminates for any reason whatsoever.

R. Change in the terms of the agreement

40. The Cardholder hereby states that he is aware that the Company may, at its discretion, change the terms of the agreement from time to time. Any change will enter into effect immediately at the end of 14 days from giving notice thereof to the Cardhold Changing the terms of this agreement are subject to any relevant law.

S.  Headings

41. The section headings in this agreement are for convenience only, and they shall not be used for the interpretation of this

T. Jurisdiction

42. The unique jurisdiction to litigate any of the matters pertaining to this agreement is the competent courts in the Tel Aviv-Yaffo

U.  Records of the Company

43. The records of the Company in all that pertains to the obligations and liabilities of the Cardholder under this agreement shall be deemed prima facie evidence of his liabilities toward the

44. The Cardholder hereby states that he is aware that telephone conversations with the Company may be recorded and that the recorded conversations may be used by the Company for purposes of training and service improvement, or for verifying information provided, or as evidence in any dispute or legal proceeding between the Company and the  Cardholder  and/or any third party. Recording the conversation or documenting it shall constitute evidence to the very existence of the conversation and its content.  The Company shall act for the purpose of recording telephone conversations under the directives of the Bank of Israel as they will be from time to time. For the purpose of this section, “conversation or telephone message” – including a notice or transmitting a message on the internet or by In effect as of August 1, 2020