EASYBUY PREPAID MASTERCARD
TERMS AND CONDITIONS
As of 1st November 2009
The EasyBuy Prepaid MasterCard is presented by IAC and issued by Transact Network Limited ("TNL") pursuant to a licence by MasterCard International Incorporated or its Affiliates. TNL is authorised and regulated by the Financial Services Commission Gibraltar. EasyBuy is a registered mark of TNL. IAC is the distributor only.
1. Definitions & Interpretation:
1.1. References to clauses and schedules are to the clauses and schedules to this agreement. Headings are for convenience only and shall be ignored in interpreting this agreement. Reference to a currency (e.g. Euros € or Sterling (£)) shall mean that amount or the local currency equivalent.
1.2. If any provision of this Agreement shall be determined by any court or competent authority to be illegal, invalid or unenforceable, it shall be restated so as to give effect to the intention of the clause or severable from this Agreement, and shall not affect any other provision of this Agreement.
1.3. In this Agreement the following words have the following meanings:
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"Account" |
the pre-paid electronic money account associated with your Card |
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"Additional Card" |
any additional card which (i) is issued to a person at any time after the successful registration by the Primary Cardholder of an Account, and (ii) issued in respect of that Primary Cardholders Account; |
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"Additional Cardholder" |
a person who holds an Additional Card; |
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"Agreement" |
this agreement between you and us incorporating these terms and conditions, as amended from time to time; |
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"Available Balance" |
at any given time, the value of unspent (e-money) funds loaded onto your Account and available to pay for Transactions and fees and charges payable under this Agreement; |
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"Card" |
any or all of the following, as the context suggests: (1) a Primary Card (2) an Additional Card (3) a Virtual Card; (4) a Physical Card; and (5) any card provided by us to you as replacement for a Card; |
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"Fee" |
any fee payable by the Primary Cardholder, as referenced in Schedule 1; |
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"KYC" |
Know Your Customer, requirements for knowledge of and information on customers of regulated entities or for regulated activities; |
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"Merchant" |
a retailer or any other person that accepts cards which display the MasterCard acceptance mark; |
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"Physical Card" |
a physical pre-paid electronic payment card which may be used for both on-line purchases and non on-line purchases; |
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"Primary Card" |
the first Card issued by us to the Primary Cardholder in response to his registration of his Account, this can include either a Virtual Card and/or a Physical Card; |
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"Primary Cardholder" |
the person who has applied successfully for an Account and has been issued at least one Card by us, the legally and financially responsible person for the Card(s), Account and e-money; |
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"Reload" |
to add money to your Account; |
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"Transaction" |
(i) 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(s), including where payment is made over the internet, by phone or mail order or (ii) a cash withdrawal made from an ATM or bank using your Card, plus any transaction fees charged by ourselves or any third party in connection with your cash withdrawal; |
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"User" |
the person authorized to use a Card, namely either (i) the Primary Cardholder; or (ii) a person under 18 to who has been allowed to use a Card and Account by the Primary Cardholder in accordance with these Terms and Conditions or (iii) a person who has been registered with us as an Additional Cardholder; |
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"Username and Password" |
a set of personal codes selected by the Primary Cardholder to access his Account; |
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"Virtual Card" |
a non-physical pre-paid electronic payment card, the use of which is limited to on-line purchases or on the phone or mail order; |
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"we", "us" or "our" |
Transact Network Limited of Victoria House, Suite 11, 26 Main Street, Gibraltar including its successors and assigns; and |
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"you" or "your" |
the Primary Cardholder and/or, any person over 18 years of age who has been provided with a Card by the Primary Cardholder for use as an Additional Cardholder in accordance with these Terms and Conditions. |
1.4. To the fullest extent permitted by law, this Agreement shall be governed by the laws of Gibraltar and the parties to this Agreement submit to the exclusive jurisdiction of the Gibraltar Courts except that we may issue proceedings in the Courts of any other competent jurisdiction.
Your Account can be managed online at www.easybuy.com or call 00800 4-EASYBUY (00800 43279289) to report your card lost or stolen.
3. Your Agreement, Card and Account
3.1. We are a company incorporated in Gibraltar and licensed by the Gibraltar Financial Services Commission under the Gibraltar Financial Services Banking Act as an E-Money institution.
3.2. These terms and conditions govern the relationship between us and you for the provision of your Card and Account and apply to the provision of all services provided by us to you. This Agreement also contains important warnings and information that may affect your rights and your ability to recover your money. You shall be deemed to have accepted and fully understood the terms and conditions set out in this Agreement and you agree to comply with these by your use of the Card and/or by indicating your acceptance at: www.easybuy.com
3.3. Your Card is not a credit card and is not issued by a bank. When you purchased your Card, you had the option of a Virtual Card, a Physical Card or both. If you purchased a Virtual Card, you may upgrade for a fee at any time to a Physical Card by following the Upgrade instructions at www.easybuy.com. When you upgrade, you will have the option of keeping your Virtual Card account open or closing it and only using your Physical Card. Regardless of the type of Card(s) you have, you will have only one Account where your Available Balance is located.
3.4. Your Card will not be activated unless we have been provided with the required information so that we may identify you and we comply with all applicable KYC and anti-money laundering requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements. The relevant requirements are as set out in our website at www.apply4mastercard.com.
3.5. You may reload your account directly via our website www.mycarddata.com. We accept approved credit, debit cards, online bank transfers as well as cash vouchers and more funding sources. A Reloading Fee applies.
3.6. Once your Account has been approved by us, you may Reload your Account up to three times daily with a minimum per reload of € 10 and a maximum total daily reload of € 2,500, provided that the Available Balance on your Account never exceeds € 15,000. We reserve the right to vary these limits and to decline any reload at any time. We will notify you as soon as is reasonably practical in the event we refuse a reload.
3.7. The Available Balance on your Account will not earn any interest.
3.8. As your Card is a prepaid e-money account and not a credit card, you must ensure that you have a sufficient Available Balance loaded on your Account to pay for each purchase, payment or cash withdrawal that you make using your Card (including value added tax and any other taxes, charges and fees that are applicable). If for any reason a Transaction is processed with your Card where the Transaction amount exceeds the Available Balance on your Account, you (the Primary Cardholder) must repay us the amount of such excess immediately and we shall be entitled to stop any such Transaction from proceeding.
3.9. This Agreement does not give you any rights against MasterCard International, its affiliates or any third party.
3.10. The Card remains our property at all times.
3.11. Only persons over 18 years of age are entitled to register for an Account. However, if you are the Primary Cardholder you may allow the Card and Account to be accessed by your own child (or a child of whom you are the legal guardian) who is between 13 and 18 years of age in accordance with clause 4.6. However, Transactions by persons under 18 years of age may not be allowed by some Merchants. In all cases, you shall be responsible for any use of the Card or Account by such persons. Where your Account is accessed as aforesaid, we shall require such further information and documentation in order to enable us to comply with all applicable KYC and anti-money laundering requirements.
4. Use of your Card and Account
4.1. You can use your Card up to the amount of the Available Balance to enter into Transactions at Merchants displaying the MasterCard acceptance mark, including Transactions with Merchants over the internet, by phone or mail order. If you only have a Virtual Card, this may only be used over the internet, by phone and mail order. If the Available Balance is insufficient to pay for the Transaction, some Merchants will not permit you to combine use of the Card with other payment methods.
4.2. Your Physical Card can be used to make cash withdrawals from ATMs and banks who agree to provide this service, up to a total of € 2,400 per day (subject to any maximum set by the relevant ATM operator or bank), unless we inform you otherwise. The maximum individual transaction is € 800 and the maximum number of ATM transactions a day is three.
4.3. The value of each Transaction and the amount of any fees or charges payable by you under this Agreement will be deducted from the Available Balance.
4.4. In order to protect you and us from fraud, Merchants and ATM operators will seek electronic authorization before processing any Transaction. If a Merchant or ATM operator is unable to get an electronic authorization from us, they may not be able to authorize your Transaction.
4.5. We may refuse to authorize any use of your Card which could breach these terms and conditions or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or un-permitted use of your Card or Account.
4.6. Your Card and Account will incur fees based upon the then current fee schedule (as notified to you from time to time). A Transaction Fee is payable in respect of each Transaction. A Cash Withdrawal Fee as referenced in Schedule 1 is payable in respect of cash withdrawals made at ATMs using your Card. In addition, your withdrawal may also be subject to any applicable fees, rules and regulations of the relevant ATM operator or bank. It is your responsibility to check whether any such additional fees apply, as they cannot be refunded once the cash has been withdrawn.
4.7. As the Primary Cardholder, you may apply to us for up to 8 Additional Cards, for use by Additional Cardholders on your account. Additional Cardholders whom are your children or you are their legal guardian must be 13 years old or older and Additional Cardholders whom are not your children or you are not their legal guardian must be 18 years or older. It is a condition of any registration for an Additional Card that you, as the Primary Cardholder, acknowledge that we accept no responsibility or liability of any kind whatsoever for use of any Additional Card by any Additional Cardholder for illegal Transactions and/or Transactions not authorised by you. If you successfully register, we will send you an Additional Card, for which we will charge an Additional Card Fee as set out in Schedule 1, including any per Card Maintenance Fees. Upon receipt of the Additional Card, you may give the Additional Card to the Additional Cardholder for their use, subject to:
i. you providing them with a copy of these terms and conditions (which will then bind both of you);
ii. the Additional Card then being used only by that person;
iii. you retaining the Primary Card;
iv. you informing the Additional Cardholder that you have retained the Primary Card and that you are still able to use the Account;
v. us obtaining such further information and documentation in order to enable us to comply with all applicable KYC and anti-money laundering requirements.
4.8. You (the Primary Cardholder) will remain responsible for the use of the Cards and the Account, and for any fees and charges incurred by the Additional Cardholder(s), and you will continue to be regarded as the holder of any e-money already or subsequently loaded on the Account. The use of a Card in relation to which an Additional Cardholder has been registered will be regarded as confirmation that you have provided the Additional Cardholder with these Terms and Conditions and they have accepted them. You will remain responsible for any Transactions, cash withdrawals from ATMs, fees and charges incurred by your Additional Cardholders. Your Cards will have a shared purse which all transactions will be deducted from.
4.9. Your ability to use or access your Card and Account may occasionally be interrupted, for example if we need to carry out maintenance on our systems. Please contact Customer Services via our website at www.apply4mastercard.com to notify us of any problems you are experiencing using your Card and we will endeavour to resolve any problem.
4.10. If enabled, you will have the option to transfer your Available Balance from your Card or Account to other Cards and Accounts. If you instruct us to make a transfer from your Account to another Account, the requested amount will be debited from your account and credited to the account you have instructed us to transfer your Available Balance to. You will incur an Account Transfer Fee for this transaction as set out in Schedule 1.
5. Condition of Use at Certain Merchants
5.1. In some circumstances we or Merchants may require you to have an Available Balance in excess of the Transaction amount. For example, at restaurants you may be required to have 15% more on your Card than the value of the bill to allow for any gratuity or service charge added by the restaurant or you.
5.2. In some circumstances Merchants may require verification that your Available Balance will cover the Transaction amount and initiate a hold on your Available Balance in that amount, examples include rental cars. In the event a Merchant places a pre-authorization on your Account, you will not have access to these funds until the Transaction is completed or released by the Merchant.
5.3. If you use your Card at a fueling station, subject to Merchant acceptance, your Card will need to be pre-authorized for €50 or more. If you do not use the whole pre-authorization or do not have Available Balance to obtain a pre-authorization, it is possible that the pre-authorized amount will be held for up to 30 days before becoming available to you again.
5.4. Some Merchants may not accept your Card. It is your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept your Card.
6. Managing Your Account
6.1. You are responsible for your Card, any Username, PIN number and Account passwords. Do not share your Card or Account details or number with anyone.
6.2. The user of the Card(s) must sign the signature strip on any Physical Card immediately when received.
6.3. If your Card permits cash withdrawals (see Clause 3.3), we will provide the Primary Cardholder by post or other approved method with a Personal Identification Number (PIN) for use with your Card. You will need this PIN in order to make cash withdrawals from an ATM or at a bank. If you forget your PIN, you should contact Customer Services at www.mycarddata.com for a replacement PIN, which will be sent out to the Primary Cardholder. A Pin Replacement Fee will be charged if your PIN has to be remailed to you due to failure to keep us notified of your correct primary address.
6.4. The Primary Cardholder created a Username and Password when ordering a Primary Card. You will need this Username and Password to perform the following functions in relation to your Card or Account online at www.mycarddata.com:
i. changing your registered details;
ii. checking the amount of Available Balance;
iii. checking Transaction details;
iv. requesting an upgrade or Additional Card (when available);
v. reporting your Card as lost or stolen;
vi. changing your Username or Password
7. Identity Verification
7.1. If you enter into Transactions over the internet, some websites require you to enter your name and address. In such cases you should supply the most recent address which has been registered with us by the Primary Cardholder as the Account address. The Account address is also the address to which we will send any correspondence.
7.2. The Primary Cardholder must notify us within 7 days of any change in the Account address or your other contact details. You can notify us by updating your profile online or if available by contacting Customer Services at www.mycarddata.com, who may require you to confirm such notification in writing. You will be liable for any loss or fraud that directly results from any failure to notify us of such a change. We will need to verify your new Account address and shall request the relevant proofs from you.
7.3. We reserve the right at any time to satisfy ourselves as to your identity and home address (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 or at any time in the future, in connection with your Account, you authorize us to perform electronic identity verification checks directly or using relevant third parties.
8. Protecting Your Account
8.1. The Card and Account may only be used by the Primary Cardholder or any Additional Cardholder.
8.2. You must not give the Card to any other person or allow any other person to use the Card or Account. You must keep the Card in a safe place.
8.3. You must keep your Account details, PIN, Username and Password safe, and separate from your Card or any record of your Card number. This includes:
i. memorizing your PIN as soon as you receive it, and destroying the post mail or other authorized communication used to transmit it to you. If you need to write down your PIN in order to help you remember it, you must make sure it is well disguised;
ii. never writing your PIN on your Card or on anything you usually keep with your Card;
iii. keeping your PIN secret at all times (and ensuring that any Additional Cardholder does the same), including by not using your PIN if anyone else is watching;
iv. not disclosing your PIN to any person, except that you may disclose the PIN orally (but not in writing) to a person authorized (by clause 4.6) to use your Card or Account.
8.4. Failure to comply with clause 8.3 will be treated as gross negligence and may affect your ability to claim any losses.
8.5. You must not disclose your Username and Password to anyone else. You must take all reasonable steps to prevent anyone else from learning your Username and Password. If you believe that someone else knows your Username and Password, you should contact us immediately in order to change your Username and Password at www.mycarddata.com
8.6. If you suspect that someone who is not authorized to use your Card or Account knows your PIN, you should contact us immediately and we will issue the Primary Cardholder with a new PIN.
8.7. You agree to indemnify, keep indemnified and hold us harmless against any fraudulent use made of your Card or Account by you or any person authorized by you.
8.8. If you act without reasonable care and this causes losses, you will normally be responsible for such losses.
8.9. Once any Card on your Account has expired or if it is found after you have reported it as lost or stolen you agree to destroy your Card(s) by cutting them in two through the magnetic strip.
9. Communications Regarding Your Account
We will not send you a paper statement as default. However, you the Primary Cardholder can check your Available Balance and Transaction history at any time by logging on to your account at www.mycarddata.com. This online service is free. You can subscribe to different forms of account statements there.
10. Canceling your Card(s) and/or Account
10.1. If you are the Primary Cardholder and you wish to cancel the Card(s) and Account at any time, you must request cancellation online at www.mycarddata.com by informing us of your wish to cancel and to claim a refund of your e-money value. Our Customer Services department will then suspend all further use of your Card(s) and Account.
10.2. Once we have received all the necessary information from you and all Transactions and applicable fees and charges have been processed, we will refund to the Primary Cardholder any Available Balance less any fees and charges payable to us, provided that:
i. your Available Balance is greater than €10 (10 Euros);
ii. you have not acted fraudulently or in such a way as to give rise to reasonable suspicion of fraud; and
iii. 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.
10.3. We will charge an Account Closure Fee as set out in Schedule 1 hereof and you shall not be entitled to any refund of any Available Balance where the Available Balance has a value of less than €10.00. Once your Card(s) and Account have been cancelled, it will be your responsibility to destroy your Card(s).
10.4. If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or fees incurred using the Card(s) or we receive a reversal of any prior funding transaction, we will notify the Primary Cardholder of the amount and you must immediately repay to us such amount on demand.
10.5. We will transfer the Available Balance, less any deductions referred to above, to the Primary Cardholder by cheque or telegraphic transfer (less any bank charges) to your nominated bank account in your name. We may agree with you to transfer the Available Balance to you by another payment method.
10.6. Following any checks that are reasonably required to prevent money laundering or fraud or to check whether you are the person entitled to redeem it, the Primary Cardholder shall receive payouts:
ii. by electronic transfer, we shall give payment instructions immediately so that the refund of your e-money reaches you within five business days of the day on which we gave the said payment instruction
10.7. However, we shall not be responsible if the failure of the funds to reach you in time is caused by a failure beyond our control on the part of any third party that may be involved in the funds transfer.
11.1. You have a right to withdraw from this Agreement under the following conditions:
i. the Primary Cardholder has a "Cooling Off" period of 14 days beginning on the date of the successful registration of your Account to withdraw from this Agreement and cancel the Card(s) and Account, without any penalty or charge. You must contact us within this 14 day period and inform us that you wish to withdraw from this Agreement. If so, we will cancel the Card(s) and Account and reimburse the amount of Available Balance on the Account to the Primary Cardholder. However, we reserve the right to hold Available Balance for up to 30 business days from receipt of your instructions before returning the balance, to ensure that details of all transactions have been received. If you used a credit or debit card to purchase and/or load your Card or Account, we may hold your funds for 181 days to prevent any chargeback of your credit or debit card.
ii. after the Cooling Off period you may only cancel the Card(s) and Account as described in clause 10 above.
12. Card Expiration and disposition of Funds
12.1. Your Card has an expiry date printed on it. This date will always be at least one year after the date on which the Card was purchased. Your Card will expire on the expiry date. If a Card expires before your Available Balance is exhausted, the Primary Cardholder can contact us online to request a replacement Card, provided you do so within 90 days of the expiry date (or, if later, by the date 12 months following the date on which funds were last loaded on the Account) ("Expiry Period"). We will then issue you with a replacement Card according to the Fees set out in Schedule 1.
12.2. You may not use your Card(s) after the expiry date. If you have Additional Cards on your Account, and they have not expired, those Cards will still be available to access any Available Balance.
12.3. The value (e-money) on your Account will no longer be usable after the Expiry Period. If you fail to request a replacement Card and fail to redeem the Available Balance within the Expiry Period we will charge you an Account Closure Fee upon redemption of any unused funds.
12.4. We reserve the right to issue you with a replacement for an expired Card even if you have not requested one. If we do so, clause 12.3 will not apply. If you have not requested a replacement Card, you will not be charged a Card Replacement Fee.
13. Termination or Suspension of Your Account
13.1. We may terminate or suspend, for such period as may reasonably be required, the use of your Card and Account at any time, without prior notice:
i. in the event of any fault or failure in the data information processing system;
ii. if we reasonably believe that you have used or are likely to use your Card or Account, or allow them to be used, in breach of this Agreement or to commit an offence or that any Available Balance on your Account or the account of any other Card issued by us to you may be at risk of fraud or misuse;
iii. if we suspect that you or an Additional Cardholder has provided false or misleading information;
iv. where we have reasonable grounds for doing so; or
v. by order or recommendation of the police or any relevant governmental or regulatory authority.
13.2. If we terminate the use of your Card and Account, we will refund the Available Balance to the Primary Cardholder, subject to satisfactory proof of identity and applicable checks, unless we are required to withhold the Available Balance by law or regulation or at the request of the police, a court or any regulatory authority.
13.3. If any Transactions are found to have been made or charges or fees incurred using your Card after any action has been taken by us under clause 13.1, the Primary Cardholder must immediately repay such amounts to us.
14. Loss or Theft of your Card.
14.1. You are responsible for protecting your Card and Account as if it were cash.
14.2.You should treat your Card like cash in your wallet and look after it accordingly. If you lose your Card or it is stolen, you may not be able to recover the funds (e-money) on your Account, in just the same way as you would usually not be able to recover cash which you lose or which is stolen from you.
14.3. If your Card is lost or stolen or if you think someone is using your Card or your Account without your permission or if your Card is damaged or malfunctions:
i. you must contact us immediately and you must provide us with your Card number and either your Username and Password or some other identifying details acceptable to us so that we can be sure we are speaking to you; and
ii. provided we have obtained the Primary Cardholders consent to close the Account, we will then provide the Primary Cardholder with a replacement Card with a corresponding new Account loaded with an amount equivalent to your last Available Balance.
14.4. The Primary Cardholder will be liable for any Transactions that take place due to loss or theft of the Card (whether or not they were made with your permission and whether or not they were made by any Additional Cardholder). Prior to us successfully blocking your Card and Account, any such Transactions will reduce the Available Balance on your Account. However, once we have been notified of the loss or theft, we will take action to suspend the Card(s) and Account as soon as we are able to. Once we have suspended the Account and cancelled the Card no further Transactions will be processed. We can only take steps to prevent unauthorized use of the Card(s) and Account if you can provide us with the Card number and Username and Password or if you can produce sufficient details to identify yourself and the relevant Account.
14.5. If we decide to refund any Available Balance to the Primary Cardholder, this will be paid to you in accordance with clause 10.5. We will charge you an Account Closure Fee as referenced in Schedule 1.
14.6. Replacement Cards will be posted to the most recent Account address registered by the Primary Cardholder, failure to provide the correct address will result in a Card Replacement Fee.
14.7. If you subsequently find or retrieve a Card that you have reported lost or stolen, you must immediately destroy the Card by cutting it in half through the magnetic stripe.
14.8. You agree to help us, our agents, regulatory authorities and the police if your Card is lost, stolen or if we suspect that the Card or Account is being misused.
15.1. Your account will incur fees and charges as set out in Schedule 1 for which you shall be responsible. These vary from time to time in accordance with clause 19.
15.2. We will deduct any value added tax, and other taxes, charges and fees due by you to us from the Available Balance. If there is no Available Balance, or value added tax and other taxes, charges and fees incurred exceed the Available Balance, you must pay us the excess immediately.
16. Our liability
16.1. Subject to clauses 16.2 and 16.3:
i. neither party shall be liable to the other for indirect or consequential loss or damage (including without limitation loss of business, profits or revenues), incurred in connection with this Agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;
a for any loss, costs or damages incurred by you as a result of fraud, theft or misuse of your Card or Account;
b if you are unable to use your Card or Account as set out, or for any reason stated, in clauses 4 and 5 or by reason of the loss or theft of or damage to the Card or misuse of the Account or any malfunction or inability to use the Card or Account on grounds beyond our reasonable control;
c for any fault or failure beyond our reasonable control relating to the use of your Card or Account, including but not limited to, a lack of Available Balance or fault in or failure of data processing systems;
d if a Merchant refuses to accept a Transaction or fails to cancel an authorization or pre-authorization;
e for the goods or services that you as Primary Cardholder and/or any Additional Cardholder purchase with your Card;
16.2. To the fullest extent permitted by relevant law and subject to clause 16.3, our total liability under or arising from this Agreement shall be limited as follows:
i. where your Card is faulty due to our default, our liability shall be limited to replacement of the Card or, at our choice, repayment to you of the Available Balance;
ii. 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; and
iii. in all other circumstances of our default, our liability will be limited to repayment of the amount of the Available Balance.
16.3. Nothing in this Agreement shall exclude or limit either Party's liability in respect of death or personal injury arising from that party's negligence or liability for fraudulent misrepresentation.
16.4. Neither Party shall be liable for, or be considered in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control and which such Party is unable to overcome by the exercise of reasonable diligence.
16.5. In the unlikely event that we become insolvent, your Card(s) and the Available Balance on your Account may lose their value and become unusable, and accordingly you may lose any e-money loaded onto your Account.
17. Payment Disputes
17.1. If you (the Primary Cardholder) believes that a deduction has been made from your Available Balance by mistake or wishes to make a complaint, you should contact us immediately at :
Customer Services at Transact Network Limited Victoria House, Suite 11, 26 Main Street, Gibraltar or help@easybuy.com.
i. in relation to a Transaction or deduction you must contact us within 30 days and confirm the disputed Transaction by writing, setting out full details of the Transaction and your reason for disputing it. We will charge you a Chargeback Processing fee as referenced in Schedule 1 for investigating any such dispute.
ii. in relation to complaints, they will be dealt with in accordance with our Customer Service Procedures, a copy of which will be sent to you on request. If we are unable to resolve any complaint, you may contact the Department of Consumer Affairs of Gibraltar, 10 Governors Lane, Gibraltar.
17.2. We reserve the right not to refund sums to you if we reasonably believe that you have not acted in accordance with this Agreement.
17.3. You must provide us with all receipts and information that are relevant to your claim.
17.4. If our investigation shows that we have incorrectly deducted money from your Available Balance, we shall refund the amount to your Account. Until our investigation is complete the disputed amount will be unavailable to spend. If we subsequently establish that the refunded amount had been correctly deducted, we may deduct it from your Available Balance. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.
17.5. In relation to any dispute between the Primary Cardholder and a Merchant, provided you are able to satisfy us that you have already made all efforts to resolve the dispute with the relevant Merchant, we will attempt to assist you so far as is reasonably practicable. We will charge you a Chargeback Processing fee as referenced in Schedule 1 for any such assistance we may give you with any such dispute. If there is an un-resolvable dispute with a Merchant in circumstances where the Card has been used for a Transaction, you will be liable for the Transaction and will have to resolve this directly with the relevant Merchant.
18. Personal Data
18.1. We are the data controller for your personal data and will process personal data given to us in connection with your Account in order to administer your Account and provide you with services relating to the Account and this Agreement.
18.2. We may check your personal data with other organizations, and obtain further information about you in order to verify your identity and comply with applicable money laundering and governmental regulations. A record of our enquiries will be left on your file. A list of the organizations we use for this purpose is set out on our website at www.easybuy.com.
18.3. We may provide personal data supplied by you to certain third parties (including data processors) for the purpose of performing our obligations and exercising our rights under this Agreement, including third parties located outside the European Union where different data protection standards may apply. We may also disclose your personal data as required by law or any competent authority.
18.4. We may also use personal data supplied by you in connection with this Agreement to provide you with information about our goods and services. If you do not wish to receive this information you may opt out by modifying your profile at www.mycarddata.com.
18.5. If you have elected to opt in to receive email and SMS marketing, we may share your information with third parties so they can contact you directly by telephone or mail about their products and services.
18.6. By agreeing to these terms and conditions, you acknowledge and agree to our processing of your personal data in this way.
18.7. You have the right to receive certain information concerning the personal data we hold about you (on payment of a fee), and to rectify such data where it is inaccurate or incomplete.
18.8. You have also seen our Privacy Policy document at www.apply4mastercard.com and acknowledge and agree to the provisions thereof (as amended from time to time).
19. Changes to the Terms and Conditions
We may update or amend these terms and conditions (including our fees in Schedule 1) by posting details of such changes on our website www.apply4mastercard.com. Such changes will not take effect until 30 days after the posting of the same on our website. You should regularly check the website to inform yourself of any such changes. By continuing to use your Card or Account after such changes have taken effect, you are indicating your acceptance to be bound by the updated or amended terms and conditions. If you do not wish to be bound by them, you should stop using your Card and Account immediately. If you are significantly disadvantaged by any change to the terms and conditions, you may cancel your Card(s) and Account in accordance with our cancellation policy (see clause 11). In such circumstances, and at our discretion, you will not be charged an Account Closure Fee.
20. Miscellaneous
20.1. We may assign our rights, interest or obligations under this Agreement to any third party including by way of merger, consolidation or the acquisition of all or substantially all of our business and assets relating to the Agreement. This will not adversely affect your rights or obligations under this Agreement.
20.2. We may transfer your Available Balance to a new Card and Account provided by another Issuer at any time upon 30 days notice. Unless you advise us within the 30 day period that you do not wish to transfer your Available Balance you agree that we can transfer the Available Balance on your Card or Account.
20.3. We do not intend that any of the terms of this Agreement will be enforceable by a person not a party to it, except that MasterCard and its affiliates may enforce any right granted to it under this Agreement.
20.4. Any waiver or concession we may allow you will not affect our strict rights and your obligations under this Agreement.
20.5. The Primary Cardholder and any Additional Cardholders agree that they will not use the Account or Card(s) in any illegal manner and agree to indemnify us against any claim or proceeding brought about by your illegal use of the Account or Card(s).
20.6. This Agreement, and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement.
21. Regulation
21.1. The Gibraltar Deposit Guarantee Scheme does not cover e-money issued by us or claims made in connection with our issuing e-money. There is no scheme to compensate holders of e-money issued by us in cases where we are unable to satisfy claims against us in relation to e-money.
21.2. The EasyBuy Prepaid MasterCards are presented by IAC and issued by Transact Network Limited pursuant to license from MasterCard International. Transact Network Limited is regulated and authorized by the Financial Services Commission, Gibraltar.
SCHEDULE 1
Fees and Charges
|
ISSUING FEES |
|
|
|
Primary physical card |
€ 39,90 |
|
|
Primary virtual card |
€ 7.99 |
|
|
Additional physical card |
€ 29,95 |
|
|
Additional virtual card |
€ 4.95 |
|
|
Upgrade virtual to physical card |
€ 35.95 |
|
|
Card activation |
€ 1.00 |
|
|
TRANSACTION FEES & USAGE |
|
|
|
Point of sale transaction |
€ 1.00 |
|
|
ATM withdrawal |
€ 2.50 |
|
|
Foreign exchange charge |
2.75% |
|
|
Bank cash withdrawal |
€ 10.00 |
|
|
Pin change |
€ 1.00 |
|
|
ATM balance inquiry |
€ 0.50 |
|
|
TNL card to card transfer out |
€ 1.00 |
|
|
Bank transfer outgoing (€, domestic or EU/EEA) |
€ 2.50 |
|
|
International bank transfer outgoing (non €, outside EU/EEA) |
€ 50.00 |
|
|
LOADING/RE-LOADING FEES |
|
|
|
Domestic, SEPA bank transfer, bank cash deposit |
0.50% |
|
|
International bank transfer |
1.50% |
|
|
iDeal |
1.50% |
|
|
giropay |
1.50% |
|
|
DIRECTebanking.com |
2.50% |
|
|
EPS |
4.00% |
|
|
Credit / debit card |
4.50% |
|
|
paysafecard |
6.00% |
|
|
Ukash |
6.50% |
|
|
TNL card to card transfer in |
€ 1.00 |
|
|
MISCELLANOUS FEES |
|
|
|
Account closure primary card |
€ 25.00 |
|
|
Account closure additional card |
€ 2.50 |
|
|
Temporary card suspension |
€ 5.00 |
|
|
Chargeback processing |
€ 25.00 |
|
|
Replacement card |
€ 10.00 |
|
|
Cash back |
€ 20.00 |
|
|
Monthly statement mailed |
€ 2.00 |
|
|
Higher ID verification level (IDV Level 2) |
€ 2.00 |
|
|
Higher ID verification level (IDV Level 3) |
€ 10.00 |
|
|
SMS |
€ 0.50 |
|
|
RE-OCCURING MONTHLY FEES |
|
|
|
Maintenance fee |
€ 1.00 |
|
|
Inactivity fee (payable after 6 months of inactivity) |
€ 2.50 |
|
|
Your Account is subject to a monthly Maintenance fee as set out above. Such fee will automatically be deducted from the Available Balance each month of use. If you have more than one Card or a combination of a Virtual Card and additional Physical Cards, this fee will apply for each Card. In addition if your Card or Account is inactive for 6 months or more you will be charged an Inactivity Fee as per the above. We will charge a Cash Withdrawal Fee as set out above for each cash withdrawal. Please note that in some cases, the operator of an ATM may charge its own separate fee for the use of the ATM, which fee will also be deducted from the Available Balance. We will charge a Transaction Fee as set out above for each Transaction If you use your Card for Transactions in a currency other than Euro (€), the amount deducted from your Available Balance will be the amount of the Transaction converted to Euros using a rate set by MasterCard on the day we receive details of that Transaction. You will also be charged a Foreign Exchange Charge as set out above. |
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