1. Introduction and key documents
1.1 These terms and conditions (the Terms) set out the basis on which you may access and use the Orchid website, web application, mobile application and any related interfaces, dashboards, APIs and support tools made available by Orchid (together, the Platform).
1.2 These Terms explain, among other things:
(a) how you may access and use the Platform;
(b) the respective roles of Eiva Consulting Limited trading as Orchid, Kanzum Pay Limited and other service partners;
(c) how certain payment, foreign exchange, account, card and related financial services may be made available through or in connection with the Platform;
(d) how any cryptoasset or digital-asset services, if offered, may be made available through third-party providers; and
(e) important legal rights, restrictions, disclosures and risk warnings that apply to your use of the Platform.
1.3 These Terms are to be read together with the following documents, each as amended from time to time:
(a) the Orchid Privacy Policy;
(b) the Orchid Fee Schedule in Appendix B;
(c) the Orchid Crypto Risk Disclosure in Appendix C, where Crypto Services are made available;
(d) the Orchid Acceptable Use Policy in Appendix D; and
(e) any Partner Terms and product-specific disclosures presented to you in connection with a particular service, provider, region or product flow.
1.4 Together, these Terms and the documents referred to in Clause 1.3 form the agreement between you and Orchid in respect of your use of the Platform and any Orchid-provided services (the Agreement).
1.5 In the event of any conflict or inconsistency:
(a) between these Terms and the Partner Terms in relation to a service provided by Kanzum or another Service Partner, the Partner Terms and any mandatory product disclosures for that service shall prevail to the extent of the conflict;
(b) between these Terms and the Orchid Privacy Policy, the document that more specifically governs the relevant data-processing issue shall prevail to the extent of the inconsistency; and
(c) between the body of these Terms and an Appendix, the body of these Terms shall prevail unless the Appendix expressly states otherwise.
1.6 The Platform is operated by Eiva Consulting Limited, trading as Orchid, a company incorporated in Jersey, Channel Islands under registration number 164299, with registered address at Glendale, Green Road, St. Clement, JE2 6QA, Jersey (Orchid, we, us, our).
1.7 Certain regulated payment and related financial services made available through or in connection with the Platform are provided under the legal and regulatory framework of Kanzum Pay Limited, a company registered in British Columbia, Canada under company number BC1400258, with registered address at 305 Suite, South Tower, 5811 Cooney Road, Richmond, BC V6X 3M1, Canada (Kanzum), and/or duly authorised Banking Partners or other Service Partners. Those services may be subject to additional Partner Terms and regulatory disclosures.
1.8 References to you and your in these Terms are to:
(a) a natural person using the Platform for their own purposes (Individual User); or
(b) a legal entity or other organisation using the Platform (Business User).
1.9 Where a clause applies only to Individual Users, only to Consumers or only to Business Users, this is expressly stated.
1.10 By clicking I agree, Accept or a similar button, creating an account, accessing or using the Platform, or otherwise indicating acceptance, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.