Cardholder terms and conditions
IMPORTANT INFORMATION: Please read this Agreement carefully before registering via BourgeoisBohème mobile application and activating your Card and/or Payment Device. This Agreementbecomes effective and binding on you upon your registration via Bourgeois Bohème mobile applicationand activation or use of your Card and/or Payment Device and applies for the entire period of validityof your Card and/or Payment Device.
If you do not accept this agreement you should not proceed with registration via bourgeois boheme mobile application and you should not activate or use your card and/or payment device.
This agreement applies to your membership card and/or payment device which is a mastercard® prepaid card, issued in england and wales, and any country of use apply to the use of your card and/or payment device.
Your Card and/or Payment Device is the exclusive Bourgeois Bohème Prepaid Mastercard® Membership Card/Payment Device and is issued by and is the property of Moorwand Ltd, Birchin Court 20 Birchin Lane, London, EC3V 9DU Registered in England and Wales, which is authorized for the issuance of electronic money and payment instruments and is a licensed electronic money institution authorized and regulated by the Financial Conduct Authority, Reference No. 900709.
The Card and Payment Device is promoted by UAB “BOURGEOIS BOHEME FINTECH”, company code 304929852, the company established and operating under the laws of the Republic of Lithuania, the registered office of which is in the Republic of Lithuania, Mėsinių str. 5, LT-01133, Vilnius, Republic of Lithuania.
YOUR CARD AND/OR PAYMENT DEVICE IS NOT TRANSFERABLE. All monies funded to your Account(s) are held in segregated custodial pooled accounts on your behalf at one of Moorwand Ltd banking partners and can be redeemed at any time upon request for the then current monetary value held. The accounts are held for the purposes described in this Agreement which includes settlement, adjustment of balance, Card/Payment Device transactions, fees and other actions described herein. The funds in your Card and Payments device are safeguarded by us which means that they are kept separate from our assets so in the unlikely event we become insolvent, your funds remain safe from our creditors.
1. Definitions & Interpretation
|Account||Your Main Account and/or Card Account that can be accessed via the App.|
|Additional Card||Any additional Card which is issued to a person any time after the successful registration of the Card Account.|
|Agreement||These terms and conditions relating to the use of your Card(s) and/or Payment Device(s) as amended from time to time together with the Rules for Using the Bourgeois Bohème Mobile Application, Fees and Limits Schedule, and any other supplementary terms and conditions and amendments to them.|
|App||A Bourgeois Bohème mobile application, installed and used on your mobile devices, for management of the Cards and/or Payment Devices and making Transactions.|
|Available Balance||The value of unspent funds loaded onto your Main Account and/or Card Account and available to use.|
|Bourgeois Bohème||UAB “BOURGEOIS BOHEME FINTECH”, company code 304929852, the company established and operating under the laws of the Republic of Lithuania, the registered office of which is in the Republic of Lithuania, Mėsinių str. 5, LT-01133, Vilnius, Republic of Lithuania.|
|Business Day||A day between and including Monday to Friday, between 9am to 6pm EET, excluding bank and public holidays in England and Wales and Lithuania.|
|Card||Any Mastercard® Bourgeois Bohème membership prepaid Card, whether Virtual or Physical, and/or Payment Device, all of which can be with contactless payment functionality, issued to you in accordance with this Agreement.|
|Card Account||A segregated balance of funds within a Main Account linked to a Card(s) and/or Payment Device(s).|
|Customer Services||The contact centre for dealing with queries about your Card(s) and Account. You can contact Customer Services by: i. calling +370 700 44859 (your network provider may charge a fee for calling this number); ii. e-mailing [email protected] from the email address registered to your Account; or iii. writing to J. Basanavičiaus g. 26, office B502, LT-03224, Vilnius, Republic of Lithuania Customer Services over the automated phone line indicated in this Agreement is available 24 hours a day, 7 days a week. Support team is available during 09:00 – 17.00 Eastern European Time. We may record any conversation you have with Customer Services for training, compliance and/or monitoring purposes.|
|EEA||European Economic Area.|
|Expiry Date||The expiry date printed on your Card’s back side or specified in the App for Payment Device.|
|Fee||Any fee payable by you as referenced in the Fees and Limits Schedule.|
|Fees and Limits Schedule||The schedule contained in this Agreement and which forms part of this Agreement.|
|Issuer||Moorwand Ltd, Birchin Court 20 Birchin Lane, London, EC3V 9DU Registered in England and Wales, Company No. 08491211, which is authorized for the issuance of electronic money and payment instruments and is a licensed electronic money institution authorized and regulated by the Financial Conduct Authority, Reference No. 900709.|
|KYC||Means “Know Your Customer” and constitutes our identification and verification of your Personal Details.|
|Main Account||A virtual account accessible via the App that allows you to manage your funds and carry out Account-related functions. Main account is opened only upon the completion of the KYC.|
|Mastercard®||Means a registered trademark of Mastercard International Incorporated.|
|Merchant||A retailer or any other person providing goods and/or services that accepts Cards and/or Payment Devices displaying the Mastercard® acceptance symbol in payment for such goods and/or services.|
|Payment Device||Any payment instrument (e. g. key fob, payment jewelry etc.), linked to the Card Account, using which you can make Transactions.|
|Personal Manager||Your personal assistant who provides you with comprehensive assistance through the usage of the Cards and/or Payment Devices. Please note that Personal manager may sometimes not be available.|
|Physical Card||A physical (plastic, metal) Card, including any Payment Device, that can be used to carry out Transactions.|
|PIN||Personal Identification Number that is the security number provided for use with your Card and/or Payment Device.|
|Point of Sale (POS)||A physical place where a Merchant accepts payments for goods sold and/or services provided using the Card/Payment Device, and where you can settle for purchased goods and/or services using Card/Payment Device.|
|Primary CardPayment Device||The first Card/Payment Device issued to you in response to registration of your Card Account in accordance with this Agreement.|
|Rules for Using Bourgeois Bohème Mobile Application||A part of this Agreement containing terms and conditions regarding the registration and use of the App.|
|Shop||An area in the App where you can browse and order different Cards and Payment Devices or any other available products.|
|Transaction||The use of your Account, Card and/or Payment Device to make a cash withdrawal, a payment, or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of your Card anlfd/or Payment Device including where payment is made over the internet, by phone or mail order.|
|Username and Password||A set of personal codes selected by you in order to access your Account via the App.|
|Virtual Card||A non-physical Card, the use of which is limited to on-line, phone or mail order purchases. For the avoidance of doubt, a Virtual Card cannot be used to make a cash withdrawal from an ATM or bank and/or cash placement.|
|we, us or our||Moorwand Ltd, Birchin Court 20 Birchin Lane, London, EC3V 9DU Registered in England and Wales, Company No. 08491211, and authorized by the Financial Conduct Authority, Reference No. 900709, as an electronic money institution, and/or UAB “BOURGEOIS BOHEME FINTECH”, company code 304929852, the company established and operating under the laws of the Republic of Lithuania, the registered office of which is in the Republic of Lithuania, Mėsinių str. 5, LT-01133, Vilnius, Republic of Lithuania, as well as or any of our affiliates.|
|you or your||You, the person who has entered into this Agreement with us by virtue of your registration via the App and use of the Card and/or Payment Device and any other person you have authorized to use any Cards and/or Payment Devices in accordance with this Agreement.|
2. Agreement, Card/Payment Device and Account
2.1 Your Card and/or Payment Device is issued by us pursuant to a license from the Mastercard® and your rights and obligations relating to the use of the Card and/or Payment Device are subject to this Agreement.
2.2 You can download or print the latest version of this Agreement at any time from the App and/or request a paper copy from Customer Services. We may change this Agreement from time to time by providing you with at least 60 days’ notice unless we are required to make such a change sooner by law. All such changes and up to date version of the Agreement will be posted on the App. You should check the App regularly so that you can see the latest version. You will be bound by this Agreement and any amendments made to it. You will be taken to have accepted any change we notify to you unless you tell us that you do not agree to it prior to the relevant change taking effect. In such circumstances we will treat your notice to us as notification that you wish to terminate this Agreement immediately and we will refund the Available Balance on your Account.
2.3 Your Card and/or Payment Device is a prepaid e-money product and the funds loaded onto your Account are known as electronic money; it is not a credit, charge or debit card or connected in any way to your bank account. You can only spend to the value of the funds that you load onto them. Before making Transactions or using your Card and/or Payment Device you need to make sure there are enough funds in your Card’s Funds in your Account are not bank deposits and do not earn interest.
2.4 Before we can open an Account for you and issue you a Card and/or Payment Device we will require evidence of your identity and proof of residential address and we may also need to carry out checks on you electronically. The details of the KYC process are described in the Rules for Using the Bourgeois Bohème Mobile Application.
3. Purchase and activation of your Card and/or Payment Device
3.1 To apply for and use a Card and/or Payment Device you must be at least 18 years of age and a resident or a citizen of EEA. Please note that we do not service the residents and the citizens of the United States of America and Canada. Cards and Payment Devices are non-transferable and non-assignable.
3.2 Before we can open Account and issue you a Card and/or Payment Device, we will need to know some information about you. We will check your identity. We may use third parties to obtain this information and carry out checks on our behalf.
3.3 Account will be opened in a specific available currency, chosen by you.
3.4 Cards and/or Payment Devices may be ordered and purchased through the App installed and used on your mobile devices, for management of the Cards and Payment Devices, following the procedure described in the Rules for Using Bourgeois Bohème Mobile Application. Detailed instructions on how to use your Card and/or Payment Device can be found on the App.
3.5 You have the option of purchasing a Virtual Card or a Physical Card. When ordering the Card(s) and/or Payment Device(s), you shall have a sufficient amount of funds on your Account to settle for Card and/or Payment Device issuance, delivery and one month’s account fees. If the amount of funds on the Account is insufficient, you will not be able to order the Card(s) and/or Payment Device(s). Card and/or Payment Device issuance and delivery fees are automatically deducted upon the order, and a monthly fee is deducted at the moment of activation of the Card and/or Payment Device.
3.6 Regardless of the type and number of Cards and/or Payment Devices you have, you are permitted to have only one Account where your Available Balance is located. If we discover that you do have more than one Account, we may block your Card and/or Payment Device and terminate this Agreement.
3.7 Provided we have been able to undertake KYC, you shall receive an activation confirmation by email or through the App and you will be able to use the Card and/or Payment Device.
3.8 When you receive your Card, you must sign it immediately and activate your Card and/or Payment Device. The only way to activate your Card and Payment Device is by using the App. Your Card and/or Payment Device must be activated within 3 months of it being issued or it may be automatically cancelled and your Card Account may be closed.
3.9 We reserve the right to refuse to issue you a Card and/or Payment Device or terminate this Agreement at any time for any reason or no reason by giving a notice in accordance with condition 13.
4. Your Personal Data
4.1 When entering into Transactions over the internet, some websites may require you to enter your Personal Data and, in such cases, you should supply the most recent Personal Data that you have provided us with.
4.2 You must notify us of any change in your Personal Data as soon as possible by contacting Customer Services or updating the details in the App. You will be liable for any loss that directly results from any failure to notify us of a change in your Personal Data as a result of undue delay, your gross negligence or fraud. We will need to verify your new Personal Data and may request relevant KYC information/documents from you as applicable. Until we complete the verification of your new Personal Data we have the right to suspend the provision of all or a part of the services to you.
4.3 We will not be liable to you if your Personal Data have changed and you have not informed us.
4.4 We reserve the right at any time to satisfy ourselves as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application for the Card and/or Payment Device or at any time in the future, in connection with your Account, you authorize us to undertake electronic identity verification checks on you either directly or using relevant third parties.
4.5 Our authorized employees may listen into or record any phone calls with you to check if we have carried out your instructions correctly, to help improve our services, to check that we comply with our regulatory requirements and to help detect or prevent fraud or other crimes.
5. Personal Data Processing
5.1 We and eligible parties will collect certain information about the users of the Card and/or Payment Device. Your provision of your Personal Data and our processing of that data is necessary for each of us to carry out our obligations under this Agreement. At times the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Agreement in accordance with condition 22.214.171.124. below. We are the controller of your Personal Data which we will use in order to open, administer and run your Account and Card/Payment Device. You hereby consent to us accessing, processing, and retaining any information you provide to us.
5.2 We are committed to keeping your Personal Data secure. We will not pass information we hold about you to any third party other than:
- for fraud prevention and to similar agencies and other organizations who may use the information to prevent and detect fraud, money laundering, terrorist financing or other financial crime.
- to our suppliers or service providers that process data on our behalf.
- to persons acting as our agents (and our partners who offer our membership) under a strict code of confidentiality.
- for such purposes that you have given us consent to do so.
5.4 If we transfer your information to a third party in a country outside of the EEA, we will ensure that the third party agrees to apply the same levels of protection that we are legally obligated to maintain when we process Personal Data.
5.5 If we suspect that we have been given false or inaccurate information, we may record and report suspicion together with any other relevant information. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies to prevent fraud and money laundering and financing of terrorism.
5.6 If, when you apply for a Card and/or Payment Device, you opt in to receiving marketing information via email, mobile phone and do not opt out of receiving marketing information by phone or mail, we and third parties, with whom we may share your Personal Data, may from time to time contact you about products or services that we or they think may be of an interest to you. If you no longer wish to receive such communication please contact your Personal Manager.
6. Loading your Account and Card and/or Payment Device
6.1 As indicated in the “Loading Fees” section of the Fees and Limits Schedule funds may be added to your Main Account through bank transfer only.
6.2 Funds may be loaded to your Card Account and/or Cards/Payment Devices from the Main Account by using the App.
6.3 You may load funds to your Account and Card’s Account at any time. If a load amount is received for more than the maximum load amount permitted, the maximum load amount will be available for spending and subsequent loads (up to the maximum) will appear over multiple 24-hour periods until the full amount has been loaded. Limits apply to the number of times your Account, Card and/or Payment Device may be loaded in a day. We reserve the right to refuse to accept any particular load of funding transaction. You may find maximum/minimum load amount and number of times your Account, Card and/or Payment Device may be loaded in a day in the App and in the Fees and Limits Schedule.
6.4 To load your Main Account, you must use a regulated financial institution to send a bank transfer to the Issuer’s bank account using an account in your name. You may unload the funds available in your Main Account only to the same account at a regulated financial institution in your name that was used to load it.
6.5 The time that it takes for your Main Account balance to be updated when you load your Main Account depends on the time that it takes for the funds to be sent to the Issuer. If the Issuer receives the funds on a Business Day, your Main Account will be updated with the amount on the same Business Day. If the Issuer receives the funds on a day that is not a Business Day, the Issuer will update your balance on the next Business Day. You can check the transfer time with your financial institution.
6.6 When funds are loaded onto your Main Account and Card’s Account, the payment is made in the same currency as that of your Account and Card and/or Payment Device. The currency you have used to load your Main Account may be different to that of the Main In such case the exchange rates of the financial institution used to load the Main Account shall be applied. Exchange rates may change and the exchange rate, which applies when you check, may not be the exchange rate that was used to convert your funds to load your Main Account.
6.7 Your Card and/or Payment Device does not allow you receive cash over the counter or cash back when you make a purchase with your PIN, this restriction is a security and personal safety feature of the Card and Payment Device. Restrictions may apply. You may not load your Account, Card and/or Payment Device by sending cash directly to the Issuer.
6.8 We reserve the right to request KYC documents and verification of your source of funds at any point.
6.9 Main Account and Card’s Account loading limits and frequencies are set out in the Fees and Limits Schedule. For Primary and Additional Card(s)/Payment Device(s) different fees and limits may apply according to the Fees and Limits Schedule which is subject to your approval when ordering the Card/Payment Device.
6.10 If enabled, you will have the option to transfer your Available Balance or part of Available Balance from your Main Account to other Accounts that may be held with us (i.e. a “Peer-to-Peer” transfer). If you make a transfer from your Account to another person’s Account, the requested amount will be debited from your Account and credited to the other person’s Account in accordance with your instructions. You may incur a Peer-to-Peer Transfer Fee for this Transaction.
6.11 You will also be able use the funds loaded to the Main Account or the Card’s Account for purchasing goods over the Shop in the App or over Personal Manager.
6.12 Inactive Cards and/or Payment Devices are Cards and/or Payment Devices in respect of which no Transactions have occurred for ninety (90) days. Inactive Cards/Payment Devices shall incur an Inactivity fee. Inactive Cards and/or Payment Devices which continue for over ninety (90) days shall be deemed dormant and will incur a monthly inactivity fee, at our discretion, may be discontinued. Inactive or dormant Cards and/or Payment Devices will not receive notices regarding fees.
7. Using your Card and/or Payment Device
7.1 Your use of the Card and/or Payment Device is subject to the Fees detailed in the Fees and Limits Schedule, which shall be deducted from the Available Balance. Any or all of these Fees may be waived or reduced at our discretion. The Fees may change over time, if so, we will notify you in advance of such changes providing you with at least 60 days’ notice unless we are required to make changes sooner by law. Fees will be paid from your Account at such time they are incurred.
7.2 Unless we inform you otherwise, you can use the Card and/or Payment Device to purchase or lease goods or services at any Merchant who accepts the Mastercard® to carry out Transactions. If you use your Card/Payment Device number without presenting your Card/Payment Device, the legal effect will be the same as if you used the Card/Payment Device itself. You have a possibility to restrict certain types of spending, however we are not responsible if the spending is restricted and Transaction still goes through, since it could be due to technical reasons.
7.3 We are not responsible or liable in any manner for purchases, reservations, bookings, travel or any other goods and/or services purchased with the use of the Card and/or Payment Device regardless of the purchase amount. We will not refund your money for faulty, undelivered, or otherwise inadequate goods or services purchased using the Card or Payment Device. Purchases made through the Personal Manager service are not guaranteed or covered for inadequate service under the Card or Payment Device and we take no risk for such purchases.
7.4 Each time you use your Card and/or Payment Device, you authorize us to reduce the Available Balance on your Card Account by the amount of the Transaction plus any applicable Fees. You are not permitted to exceed the available amount on your Card Account through an individual Transaction or a series of Transactions.
7.5 You must always ensure that you have sufficient Available Balance for each Transaction you authorize (including value added tax and other taxes, duties and applicable fees). If the Available Balance is insufficient to pay for a Transaction, some Merchants may not permit you to combine the use of your Card and/or Payment Device with other payment methods.
7.6 If for any reason a Transaction is carried out but its amount exceeds the Available Balance, you must pay us the deficit immediately, and if you fail to do so after receiving a notification from us, we reserve the right to take all necessary steps, including legal action, to recover this deficit.
7.7 There are certain circumstances where a Merchant may require you to have an Available Balance greater than the value of the Transaction you wish to make and you will only be charged for the actual and final value of the Transaction. Merchants may request this as they may need to access more funds than you initially planned to spend, for example, when making hotel or rental car reservations. In the event that a Merchant has prior authorization on your Card and/or Payment Device, you will not have access to the relevant funds until the Transaction is completed or, if sooner, up to a period of 30 days. We will only block access to the exact amount of funds authorized by you.
7.8 Your Card and/or Payment Device cannot be used where such Merchants are unable to obtain online authorization that you have sufficient Available Balance for the Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths). We accept no liability if a Merchant refuses to accept payment using the Card and/or Payment Device.
7.9 Any refunds for goods or services purchased with your Card or Payment Device may only be returned as a credit to the Card and/or Payment Device. You are not entitled to receive refunds in cash.
7.10 If you receive a refund of sums paid for goods and services on your Card or Payment Device, the refund amount will be added to the Available Balance in your Card Account. Please be aware that we have no control over when a Merchant sends a credit transaction and even though Merchants typically post refunds as soon as they are received, the refund may not be available for a number of days after the date the refund Transaction occurred. Therefore, the amounts credited to your Card or Payment Device for refunds may not be immediately available.
7.11 We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person.
7.12 You must not use the Card for any illegal purposes and/or illegal Transactions.
7.13 You are personally liable and responsible for all Transactions initiated and Fees incurred by the use of your Card and/or Payment Device. You must not give it to anyone else. If you permit another person to have access to your Card, Card number and/or Payment Device, you will be deemed to have authorized that person to use your Card and/or Payment Device and agree that you are personally liable and responsible for:
- that person’s use of your Card and/or Payment Device (including without limitation, by accessing sites accessible by providing the Card, Card number or Payment Device);
- all Transactions performed with the Card, Card number and/or Payment Device by that person;
- that person’s use of all other third-party sites.
- all other obligations of that person relating to the Card and/or Payment Device. If the person that you authorize to use the Card and/or Payment Device allows someone else to use it, you agree that all uses, Transactions and obligations of that person will be deemed to be those of the authorized person, and that you will be liable for those as well. You are wholly responsible for the use of your Card(s) and/or Payment Device(s) according to this Agreement.
7.14 If your Card and/or Payment Device has been lost, stolen, misappropriated, subjected to unauthorized use, notify us immediately by calling Customer Services. We will replace your plastic Card once without cost to you within a 12 months period. Any subsequent replacement of the plastic Card after the first replacement, also any replacement of any other Card and/or Payment Device will incur a cost to you. The Card and/or Payment Device will be replaced within 45 business days. If a replacement is expected to take longer than 45 days, we will let you know. No Cards and/or Payment Devices shall be replaced until all outstanding Fees due are paid in full.
7.15 Be aware that some financial services providers charge additional fees for the use of their services and some Merchants add a surcharge for using certain types of Cards or Payment Devices. You may also be subject to their terms and conditions of business. It is your responsibility to check before proceeding with your Transaction.
7.16 You can view your Account balance and Transactions on the App at any time. Your statement will show:
- information on the payee of each Transaction and a reference enabling you to identify each payment Transaction.
- the amount of the Transaction shown in the Account currency.
- the amount of the Transaction shown in the currency which the Transaction was paid or debited to the Account (where applicable).
- Transaction Status, and
- the date the Transaction is authorized or posted on to the Account.
7.17 Paper Account balance statements can also be requested from your Personal Manager. Please note that Fees may apply.
7.18 From time to time, your ability to use your Card and/or Payment Device or Account may be interrupted, e.g. when we carry out systems maintenance. If this happens, you may be unable to:
- load your Account.
- use your Card and/or Payment Device to pay for purchases or obtain cash from ATMs and/or
- obtain information about the funds available in your Account and/or about your recent Transactions.
7.19 Please contact Customer Services to notify us of any problems you are experiencing using your Card, Payment Device or Account and we will try to resolve these as soon as possible. It may not be possible to use your Account, Card and/or Payment Device until contact has been made.
8. Authorizing Transactions
8.1 You will need to give your consent to each Transaction so that we can check it is genuine by, where applicable, a) using your PIN or other security code personal to you; b) signing a sales voucher; c) providing the Card and/or Payment Device details and/or providing any other details personal to you and/or your Card and/or Payment Device; d) waving or tapping the Card and/or Payment Device over a contactless reader. Once you have given such consent to the Transaction, it will be deemed to be authorized.
8.2 Once a Transaction has been authorized by you and received by us, it cannot be revoked. However, any Transaction which is agreed to take place on a date later than the date it was authorized may be withdrawn if you give notice to the Merchant (providing a copy of the notice to us) as long as notice was provided no later than the close of business on the Business Day before the Transaction was due to take place. We may charge you a Fee if a Transaction is revoked by you under this section.
8.3 Certain Merchants may not accept payments made through the Card and/or Payment Device and we accept no liability for this: it is your responsibility to check the restrictions of each Merchant.
8.4 The time of receipt of a Transaction order is when it is received by us. If a Transaction order is received after 6pm CET on a Business Day then it will be deemed to have been received on the next Business Day. If receipt does not fall on a Business Day then it will be deemed to have been received on the next Business Day.
8.5 We reserve the right to apply a monthly maintenance charge, if we do, the amount will be set in the Fees and Limits Schedule or will have to be approved by you when purchasing Card and/or Payment Device in the App.
8.6 We reserve the right to decline any Transaction at our sole discretion.
8.6.1 We may at any time refuse, suspend, restrict, terminate or cancel your Card and/or Payment Device or refuse to issue or replace a Card and/or Payment Device for reasons relating to the following:
- we are concerned about the security of your Card or Payment Device, or Account,
- we suspect your Card and/or Payment Device is being used in an unauthorized or fraudulent manner,
- you break an important part of this Agreement or repeatedly break any term of this Agreement and fail to resolve the matter in a timely manner, or
- we need to do so to comply with the law.
8.6.2 If we take any of the steps referred to above in condition 8.6.1., we will tell you as soon as we can or are permitted to do so after we have taken such steps. We may ask you to stop using your Account, Card and/or Payment Device and return the Card to us or destroy it. We may issue with a replacement Card if after further investigations we believe that the relevant circumstances no longer apply. Fees may apply according to the Fees and Limits Schedule.
8.6.3 We may also decline to authorize a Transaction:
- if we suspect your Card and/or Payment Device is being used in an unauthorized or fraudulent manner,
- if sufficient funds are not loaded on your Card and/or Payment Device at the time of a Transaction to cover the amount of the Transaction and any applicable Fees,
- if we believe that a Transaction will break the law.
8.7 If we refuse to authorize a Transaction, we may, if practicable, tell you why immediately unless it would be unlawful for us to do so.
8.8 We shall not be liable in the event that a Merchant refuses to accept your Card and/or Payment Device or if we do not authorize a Transaction, or if we cancel or suspend use of your Account, Card and/or Payment Device. Unless otherwise required by law, we shall not be liable for any loss or damage you may suffer as a result of your inability to use your Account, Card or Payment Device for a Transaction.
8.9 You must not spend more money on your Card and/or Payment Device than you have in your Card Account. You are responsible for ensuring that you have sufficient funds when you authorize a Transaction. If this occurs, you must pay the overspend to us immediately. We will take any such action seriously and take any steps necessary to enforce any actions against you.
9. Additional Cards/Payment Devices
9.1 At our sole discretion and provided we have received sufficient KYC information/documents and up to date Personal Data in accordance with condition 4, you may be eligible to apply for up to 3 Additional Cards and up to 20 Payment Devices connected directly to your Card Account by contacting Personal Manager or accessing the Shop in the App.
9.2 If your Additional Card/Payment Device application is successful, we will send you an Additional Card/Payment Device, which will be subject to a Fee. Funds cannot be loaded directly on to any Additional Cards/Payment Devices, which will be connected to the same Card Account as the Primary Card/Payment Device. The Card Account may only be loaded from the Main Account in accordance with condition 6.
10. Managing and Protecting Your Account, Card/Payment Device
10.1 When registering via the App, you will be prompted to create a Username and Password. You will need this Username and Password to access your Account and perform the following functions (as well as any other functions specified in the App) in relation to your Account, Card and/or Payment Device:
- change your Personal Data,
- check your Available Balance,
- load your Account,
- order and/or activate Card/Payment Device,
- check your Transaction details, and
- change your Password.
10.2 PIN for use with your Card and/or Payment Device will be only available in the App. PIN for the Payment Device can be changed in the App and for the Card – at an ATM. You must keep your PIN safe and memorize it and keep your PIN secret at all times, you must not disclose your PIN to anyone, including family, friends or Merchant staff. If you know or suspect that your PIN is known to an unauthorized person, or if you think a Transaction is unauthorized or has been incorrectly executed, you must tell us without delay/immediately by contacting Customer Services. If you know or suspect your Card and/or Payment Device is lost or stolen, you must contact your Personal Manager immediately.
10.3 If you forget your PIN, you can check it via the App.
10.4 You must not give your Card and/or Payment Device to any other person or allow any other person to use it.
10.5 You are responsible for your Username and Password, Account, Card, Payment Device, PIN and any related security details and must take all possible measures to keep them safe and entirely confidential. Such measures include (but are not limited to):
- memorizing your Username and Password, PIN, and destroying any communication outside the App in case it was used to transmit it to you;
- never writing your PIN on your Card, Payment Device or on anything you usually keep with your Card and/or Payment Device;
- keeping your Username and Password, PIN secret at all times for example, by not using them if anyone else is watching.
10.6 Failure to comply with condition 10.5 may affect your ability to claim any losses in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with undue delay or with gross negligence. In all other circumstances, your maximum liability shall be as set out below at condition 14.
10.7 If you believe that someone else knows your Account or Card and/or Payment Device security details, you must notify us by contacting Customer Services immediately.
10.8 In the event that we suspect or believe that your Account, Card and/or Payment Device may be subject to any fraud or security threats, we will notify you securely via App or phone call during which we will ask you to answer security questions.
10.9 Once your Card has expired or if it is found after you have reported it as lost or stolen, you must destroy it by cutting it in two through the magnetic strip.
11.1 Your Card and/or Payment Device ordered through the App is a personalized product, therefore, you may not cancel it free of charge. Cancellation fee may be incurred and related membership Fees will not be refundable if already incurred as per Fees and Limits Schedule.
11.2 The exception regarding condition 11.1. may only be applied for non-personalized Payment Devices prior to their activation. If you have ordered a non-personalized Payment Device through the App, you may cancel it free of charge before activating and using it, and up to 14 calendar days after you receive the Payment Device (the Cancellation Period) by writing to Customer Services. The Payment Device purchase price shall be refunded to your Account, however related membership Fees will not be refundable if already incurred as per Fees and Limits Schedule.
11.3 You may terminate your Card and/or Payment Device at any time by contacting Customer Services and exercising your redemption rights under condition 12.
11.4 Once we have received all necessary information from you (including KYC) and all Transactions and applicable Fees have been processed and deducted, we will refund any Available Balance to you provided that:
- you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
- we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.
11.5 Depending on the method by which you choose to have your Account balance refunded, a Fee may be charged which will be deducted from the balance of your Account. You will be responsible for any Transaction you have made or Fees incurred before you cancelled your Card or Payment Device. We will wait 21 days for all Transactions to be processed before we refund the remaining Available Balance on your Account to you. This is to ensure all your pending Transactions have been settled.
11.6 If, following reimbursement of your Available Balance, any further Transactions are found to have been made or Fees incurred using the Card(s) and/or Payment Device(s) or we receive a reversal of any prior funding Transaction, we will notify you of the amount and you must immediately repay to us such amount on demand.
12. Expiry and Redemption
12.1 You will not be able to use your Card and/or Payment Device following its Expiry Date. This Agreement shall not terminate until all Cards and/or Payment Devices issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. Upon expiry of your Card and/or Payment Device, you will still be able to obtain a refund of any Available Balance in accordance with condition 12.2.
12.2 Card and/or Payment Device are valid for 5 (five) years after issuance. The exact expiry month and year are written on the card. You will be notified in advance in the App if your Card and/or Payment Device are to be expired soon.
12.3 You may redeem your Available Balance by contacting Customer Services at any time. When we process your redemption request, we may require you to provide us with KYC information and/or documents in order to verify your Personal Data in accordance with legal requirements. We may charge a Redemption Fee, if you request redemption of your Available Balance before termination of this Agreement or later than after 12 months after expiry of this Agreement. Any such Redemption Fee is set out in the Fees and Limits Schedule.
12.4 You will not be charged a Fee for redemption if we terminate this Agreement, or if the request for redemption is at termination of the Agreement or up to one year after that date.
12.5 We shall have the absolute right to set-off, transfer, or apply sums held in your Account or Cards and/or Payment Devices in or towards satisfaction of all or any liabilities and Fees owed to us that have not been paid or satisfied when due.
12.6 We will contact you by email, via the App or by phone at least twelve weeks before your Card and/or Payment Device expires to ask you if you would like your Card and/or Payment Device to be renewed. In case you instruct us to renew your Card and/or Payment Device for you, we will automatically transfer the outstanding Available Balance to a new Card/Payment Device. The new Card/Payment Device will be sent to you at the address you have given us within at least two weeks of the expiry date.
12.7 If we cannot get hold of you or obtain your confirmation for the renewal of your Card and/or Payment Device, your Card and/or Payment Device will not be renewed. We will try at least twice to get in contact with you.
12.8 If you renew your Card and/or Payment Device, this Agreement will continue to apply.
12.9 In case you do not want your Card and/or Payment Device to be renewed, you shall contact Customer Services.
12.10 If you request that your Card and/or Payment Device is not renewed, you will not be able to use it after its expiry date. You can redeem any outstanding balance on the Card and/or Payment Device up to 6 years after the expiry date. If any balance remains on a non-renewed Card and/or Payment Device for more than 6 years after the expiry date, it will not be refunded.
13. Termination or Suspension of your Card/Payment Device and Account
13.1 We may terminate this Agreement at any time:
13.1.1 by giving you two months’ advance notice on your Account via the App or by e-mail (using the latest contact details with which you have provided us),
13.1.2 with immediate effect if:
- we discover any of the information that you provided to us when registering via the App and/or applying for the Card and/or Payment Device was incorrect or false,
- you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Agreemen, or
- you have breached this Agreement or we have reason to believe that you have used, or intend to use the Card and/or Payment Device in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your Transactions due to the actions of third parties, or
- you fail to pay any Fees or charges that you have incurred or fail to repay any overspend incurred on your Account.
13.2 We can suspend your Card and/or Payment Device and/or Account at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:
- we discover any of the information that you provided to us when registering via App or when applying for your Card and/or Payment Device was incorrect, or
- a Transaction has been declined because of a lack of Available Balance; or
- we reasonably suspect that the security of the Card and/or Payment Device has been compromised or that you, or any third party, have used, or intend to use the Card and/or Payment Device in a grossly negligent manner or for fraudulent or other unlawful purposes, or
- we cannot process your Transactions due to the actions of third parties, or
- you have breached this Agreement.
13.3 We may also deny access to your Card, Payment Device and/or Account where we consider it to be at risk of money laundering or terrorism financing, fraud or other criminal activity. Should we need to take these actions and where possible, we will give reasons for doing so except where restricted by law.
13.4 In the event that we do suspend or terminate your Card and/or Payment Device and/or Account, where lawfully permitted, we shall notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension or termination has taken place.
13.5 Unless or until you or we terminate this Agreement, this Agreement will remain in force.
13.6 This Agreement will terminate in the event of your death. If you die, we may require certain documentation necessary to certify the death or substantiate that a particular individual has been officially appointed as the administrator or executor of the applicable estate. You confirm that the administrator or executor of the applicable estate will have instructions to notify us in the event of your death and will provide us with the necessary certifications.
14. Loss or Theft of your Card/Payment Device
14.1 You are responsible for protecting your Card and/or Payment Device as if it was cash in your wallet – if it is lost or stolen, you may lose some or all of the money on your Card and/or Payment Device unless you contact us as specified in this condition.
14.2 You must temporarily block the Card and/or Payment Device via the App and contact without delay your Personal Manager if you know or suspect that a Card and/or Payment Device is lost, stolen, misappropriated or subject to unauthorized use or that the PIN or any Card or Payment Device related security details is known to an unauthorized person or you think that a Transaction has been incorrectly executed. We may require you to provide details of your complaint in writing.
14.3 You shall be liable for up to a maximum of €50 of losses due to unauthorized Transactions made before you informed us about the theft, loss or misappropriation of the Card and/or Payment Device. If our investigations reveal that you authorized a disputed Transaction or that you acted fraudulently or that you negligently or with intent breached the terms of this Agreement (for example, by not keeping your Card, Payment Device or PIN safe), you may be liable for any loss we suffer due to use of the Card and/or Payment Device.
14.4 Once a loss, theft or unauthorized use of your Card and/or Payment Device is reported, use of the Card and/or Payment Device shall be blocked by you via the App to avoid further losses.
14.5 You agree to cooperate with our agents, any supervisory authority, the police and us if your Card and/or Payment Device is lost, stolen or if we suspect fraudulent use of the Card and/or Payment Device.
14.6 In the event that you inform us of an unauthorized or incorrectly executed Transaction without undue delay, and in any event no later than 13 months after the debit date, we will refund the amount immediately unless we have any reason to believe that the incident may have been caused by a breach of this Agreement, through gross negligence or we have reasonable grounds to suspect fraud. No refund will be made until any investigation that we need to carry out is complete. We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement.
14.7 In the event of a non-executed or defectively executed Transaction, we will make immediate efforts to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In the event that we are liable for such Transaction, we will refund the amount, together with the amount of any resulting charges to which you may be subject, without undue delay.
14.8 In the event that a Transaction that was executed within the EEA arrived later than it should have according to the terms of this Agreement, you may request that we contact the receiving payment institution to ask them to treat it as if it was made on time.
14.9 In the event that a Transaction is made which is initiated by a payee, we will provide a refund of that amount, subject to condition 14.10, only in circumstances where you can prove that:
- the exact Transaction amount was not specified when you authorized the payment, and
- the amount of the Transaction exceeds the amount that you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case.
14.10 The refund referred to in 14.9 will not be provided if:
- the amount relates to currency exchange fluctuations; or
- you have given your consent to execute the Transaction directly to us, or
- information on the Transaction was provided or made available in an agreed manner to you at least 4 weeks prior to the due date of the Transaction, or
- you request the refund from us later than 8 weeks from the date on which it was debited.
15. Payment Disputes
15.1 If you dispute a Transaction that you have authorized and which has been processed on your Card and/or Payment Device, you should settle this with the Merchant you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your Card and/or Payment Device. All such disputes must be addressed directly with the Merchant providing the relevant goods or services.
15.2 If your dispute with a Merchant relating to a Transaction cannot be resolved, you should contact us at Customer Services, and we will attempt to assist you as far as it is reasonably practicable.
15.3 If you have a reason to believe that a Transaction was carried out without your consent or in error, you may ask us to investigate the Transaction. We will immediately process a refund of the amount of the disputed Transaction. If we receive information that proves the Transaction was genuine, disputed amount will be deducted from your Available Balance and we may charge you an investigation Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand. We may need more information and assistance from you to carry out our investigation.
16. Foreign Exchange
16.1 If you use your Card and/or Payment Device in a currency other than the currency in which your Card and/or Payment Device is denominated, the amount deducted from your Available Balance will be the amount of the Transaction converted to your Account currency using a rate set by the Mastercard® on the date the Transaction is processed. Exchange rates can fluctuate and they may change between the time a Transaction is made and the time it is deducted from your Available Balance. You agree that any change to the exchange rate may be applied immediately and without notice to you. You may also be charged a foreign exchange Fee as set out in the Fees & Limits Schedule.
16.2 Please refer to the following Mastercard® website for more information on the applicable exchange rates:https://www.mastercard.us/en-us/consumers/get-support/convert-currency.html.
17. Our Liability
17.1 Our liability to you under this Agreement shall be subject to the following exclusions and limitations. We will not be liable for any loss arising from:
- a Merchant refusing to accept your Card and/or Payment Device,
- any cause which results from abnormal or unforeseen circumstances beyond our reasonable control or which would have been unavoidable despite all our efforts to stop it (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control), or
- us suspending, restricting or cancelling your Account, Card and/or Payment Device or refusing to issue or replace Card and/or Payment Device if we suspect your Card or Payment Device or Account is being used in an unauthorized, illegal or fraudulent manner, or as a result of you breaking an important term or repeatedly breaking any term in this Agreement;
- our compliance with any applicable laws,
- loss or corruption of data unless caused by our willful default/wrong doing.
17.2 We shall not be liable for any loss arising:
- from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems,
- from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses,
- from any use of your Account, Card and/or Payment Device that is contrary to this Agreement,
- for goods or services that are purchased with the Card and/or Payment Device; and
- for any damages due to loss, fraud or theft that you have reported to us 13 months after the event.
17.3 We will not be liable to you if your contact details have changed and you have not informed us.
17.4 Where the Card and/or Payment Device is faulty due to our default, our liability shall be limited to replacement of the Card and/or Payment Device.
17.5 Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount.
17.6 Unless otherwise required by law or as set out in this Agreement, we will not be liable to you in respect of any losses you or any third party may suffer in connection with the Card and/or Payment Device as a result of our actions which were not a foreseeable consequences of our actions or the result of a third party’s actions or inactions.
17.7 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
17.8 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
17.9 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Mastercard®, and other suppliers, contractors, distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
17.10 In all other circumstances our liability will be limited to repayment of the amount of the funds in your Account.
17.11 You agree to fully cooperate in the civil and criminal prosecution of anyone engaged in unauthorized use of your Card and/or Payment Device. Your failure to cooperate will be deemed as the claimed unauthorized transaction being authorized by you and you shall be responsible to indemnify us for all expenses incurred during investigation and resolution of your claim.
18.1 Should you be not satisfied with the service you are receiving or you wish to make a complaint about your Card, Payment Device and/or Account, you may contact Customer Services by email [email protected] to submit details of such complaint. We have procedures in place to make sure that we handle your complaints fairly and quickly. All queries will be handled in accordance with our complaints procedure.
18.2 Upon our receipt of your emailed complaint, we shall endeavor to respond to you as quickly as possible but in any event, we shall reply to you by return email within 15 Business Days.
18.3 If, having received a response from our Customer Services team, you are unhappy with the outcome, you can escalate your complaint to Issuer’s Complaints Department by writing to [email protected].
18.4 If Issuer’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of their findings within 35 Business Days of receipt of your complaint.
18.5 We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.
18.6 In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Financial Ombudsman Service (FOS), Exchange Tower, London E14 9SR. Email: [email protected], Telephone: 08000234567 or 02079640500.
19. General Communication
19.1 Any communication from us to you will be given by notification on the App and/or by email, using the latest contact details with which you have provided us. You agree to immediately inform us of any change to your current contact information. Contact information includes, but is not limited to, physical address, telephone number(s) and email address. In the event you provide us with a change of address notice and request an additional or replacement Card/Payment Device within first 30 days of such notice, we will verify the change of address prior to mailing the requested additional or replacement Card/Payment Device. Address verification will be validated via personal contact with you. In any event, we will not issue an additional or replacement Card/Payment Device until such time as we have determined the change of address to be valid. If you receive notice from us that we have received notification of change of address for your Card/Payment Device, and you have not changed your address, you agree to contact us IMMEDIATELY through Customer Services. This action allows us to proactively assist you in the deterrence and/or identification of possible identity theft of your personal, confidential information specifically as it may relate to your Card/Payment Device.
19.2 You may contact us via Customer Services, the details of which are set out in condition 1.
20. Changes to the Agreement
20.1 We may update or amend this Agreement at any time on at least 2 months’ advance notice, which shall be given by notification on the App and/or by e-mail (using the latest contact details you have provided us with).
20.2 If you do not agree with the changes to the Agreement, you may at any time within the 2-month notice period terminate your Agreement and can redeem any unused Available Balance in accordance with condition 12 at that time without incurring a Fee. You will be deemed to have accepted any change to this Agreement unless you notify us before the proposed date of the change.
20.2 If any part of this Agreement is inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.
21.1 The English language version of this Agreement and of any communications and App content will prevail over any other language version which we may issue from time to time.
22.1 This Agreement is governed by England and Wales law and you agree to the non-exclusive jurisdiction of the courts of England and Wales.
22.2 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
22.3 As a responsible e-money issuer, Issuer ensures that once it has received your funds, they are deposited in a secure account, specifically for the purpose of redeeming Transactions made by your Card(s) and/or Payment Device(s). In the event that Issuer becomes insolvent, funds that you have loaded, which have arrived with and been deposited by the Issuer, are protected against the claims made by Issuer’s creditors.
22.4 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
22.5 You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the Agreement between us. You will remain liable until all Cards and/or Payment Devices issued to you are cancelled or have expired and all Fees due under this Agreement have been paid by you in full. We may at any time without prior written notice to you assign our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement. If you do not want to transfer to the new issuer, you may contact us and we will terminate your Card/Payment Device and Account. Any balance remaining in your Account will be returned to you in accordance with our redemption procedure.