TERMS AND CONDITIONS – UK
“Account” means the prepaid electronic money Account and the associated Card(s) issued to you.
“Agreement” means these terms and conditions.
“AISP” means account information service provider, which provides account information services (i.e. online services providing consolidated information on one or more payment accounts held by you with another payment service provider or with more than one payment service provider.
“App” means the StyloPay
“Available Funds” means at any given time any unspent funds loaded onto your Account which are available to pay for transactions and fees and charges payable under this Agreement.
“Business Day” means any day other than a Saturday, Sunday or national public holiday on which banks are open for business in Gibraltar.
“Cardholder” means you, the person to whom the Account is issued.
“Travel Prepaid Card”, “Card” or “Pre-paid Mastercard Card” means an electronic money card issued by Us to you.
“Commencement Date” means the date you activate the Card.
“Contactless” means a payment feature that provides you with a way to pay by tapping the Card on a point–of–sale terminal reader for transactions of up to a specified limit.
“EEA” means the European Economic Area.
“Expiry Date” means the date printed on your Card which is the date your Card will cease to work.
“PIN” means your unique personal identification number which is provided to you for use with your Card.
“PISP” means payment initiation service provider, which provides payment initiation services (i.e. online services to initiate a payment order at your request with respect to your Account held with Us.
“We/we”, “Us/us” or “Our/our” means IDT Financial Services Limited, or StyloPay acting on its behalf, as the context may require.
“Website/website” means Our website at https//www.stylopay.com
“You/you” or “Your/your” refers to the Cardholder.
INFORMATION ON WHO WE ARE AND THIS AGREEMENT
- This Agreement sets out the general terms and conditions that apply to the Travel Prepaid MasterCard Card. This document forms the Agreement between you and Us governing the possession and use of the Card. By activating the Card (see clause 2.4) you accept the Agreement Copies of these terms and conditions can be found on the website. Copies of this Agreement can be obtained free of charge by contacting Our Customer Services team in accordance with clause 15.
- Cards are issued by IDT Financial Services Limited pursuant to a licence from Mastercard International. IDT Financial Services Limited is regulated and authorised by the Financial Services Commission, Gibraltar. Registered Office of IDTFS Financial Services Limited: 57-63 Line Wall Road, Gibraltar. Registered No. 95716. At all times the Card remains the property of IDT Financial Services Limited.
- The production of the Cards and the technology systems required to operate the Cards are provided Thames Technology (registered in UK). [StyloPay provides customer support for Cards as set out in clause 15.]
- This Agreement will commence on the Commencement Date subject to clause 1.5 and will terminate in accordance with clause 10. This Agreement and all communications between us and you shall be in English.
- This Account is being used by the Company to make a payment to you. By activating and using your Card, you are agreeing to the terms set out in this Agreement governing the Account.
- We reserve the right to refuse your application to activate the Card if the results of the checks carried out pursuant to clause 3 or otherwise give us reason to suspect you of being involved in or intending to use the Card for money laundering, terrorist financing, fraud or other illegal activity. If we refuse you activation and use of the Card, we will inform you of the refusal but may not inform you of the reason for the refusal.
- In some cases, the Travel Prepaid MasterCard Card will be distributed by one of our commercial partners, for example in exchange for electronic goods. Whilst our commercial partner may distribute the Card, this Agreement is separate and distinct from any agreement you may have with our commercial partner.
- The Card is a prepaid payment card which may be used to pay for goods and services at participating retailers that accept MasterCard cards. If you have been provided a virtual card, you may have the option to upgrade your virtual card to a physical card. When you upgrade to a physical card, the virtual card you were initially issued will be cancelled.
- The virtual prepaid card is designed for use in online shops or telephone purchases where the Card is not required to be physically present. The physical card may be used in shops and retail locations where you are physically present or for online and other distance transactions. Your physical card (if not a virtual Card and only if enabled) can be used to make cash withdrawals from ATMs and banks that agree to provide this service. Like any payment card, we cannot guarantee that a particular retailer will accept the Card – please check with the retailer before attempting the transaction if you are unsure. You will not be able to use your Card to make any purchases from some retailers; such retailers have been blocked by our systems in order to prevent the potential use of cards for unauthorised or unlawful activity.
- The Card is an electronic money (“e-money”) product regulated by the Financial Services Commission (“FSC”), Gibraltar. It is a prepaid card, not a credit card, and is not linked to your bank account. You must ensure that you have sufficient Available Funds on the Card to pay for each purchase, payment or cash withdrawal using the Card. The Card is intended for use as a means of payment, and funds loaded onto the Card do not constitute a deposit. You will not earn interest on the balance of the Card. The Card will expire on the Expiry Date and will cease to work. Please check clause 8 of this Agreement for further information.
- When you receive your Card, it will be issued to you in an inactive state. You will need to activate it by signing in to your secure login and following the instructions to activate your Card prior to use. The Card will normally be ready for use one hour after activation. If you do not activate your Card, any transactions that you attempt to carry out may be declined.
IDENTIFICATION REQUIRED FOR PURCHASE OF CARDS
- The Account is a financial services product, and we are therefore required by law to hold certain information about our customers. We use this information to administer your Card, and to help us identify you and your Card in the event that it is lost or stolen. We only keep this information as long as is necessary and for the purposes described. Please see clause 17 for more information.
- In order to obtain a Card, you must be at least 18 years old. We may require evidence of who you are and of your address. We may ask you to provide some documentary evidence to prove this and/or we may carry out checks on you electronically.
- When we carry out these checks, your personal information may be disclosed to credit reference agencies and fraud prevention agencies. These agencies may keep a record of the information and a footprint may be left on your credit file, although the footprint will denote that the search was not a credit check and was not carried out in support of a credit application. It is an identity check only, and will therefore have no adverse effect on your credit rating.
- The activation of the Card will indicate to us that you consent to the checks described in this Agreement being undertaken.
FEES AND CHARGES
- The fees and charges associated with this Card form an integral part of the Agreement. All fees and charges are described below, and may also be found on Our website or issued upon request by contacting Our Customer Services team in accordance with clause 15 on +18332754847 or by emailing email@example.com. You should be aware that other taxes or costs may exist that are related to the Card but are not paid via Us or imposed by Us.
FEES AND CHARGES PHYSICAL CARD VIRTUAL CARD Periodic Fees Card Registration Fee £5.00 £1.00 Card Monthly Management Fee £2.00 £2.00 Monthly Inactivity Fee (following 3 months or more without transaction or load activity on the Card during the Card term) £5.00 £5.00 Card loading admin fees Card loading admin fee by Bank Transfer, debit card or credit card 1% of the transaction 1% of the transaction Foreign Exchange Fee for Card load 3% of the transaction 3% of the transaction ATM Transactions ATM domestic withdrawal £1.50 £1.50 ATM international withdrawal £2.50 £2.50 ATM balance inquiry £0.50 £0.50 Point of Sale Transactions Foreign Exchange Fee for international transactions 3% of the transaction 3% of the transaction Administrative Transactions Card Replacement Fee (lost or stolen) £4.00 £1.50 Account Closure Fee (only applies during the first 6 months following activation of the Card) £5.00 £5.00 Redemption Fee £5.00 £5.00 Miscellaneous Fees Chargeback Processing Fee £10.00 £10.00 Upgrade Fee £3.00 £3.00 Investigation Fee £20.00 £20.00 LIMITS FOR YOUR GOLD CARD Maximum limit per single ATM transaction £500 Maximum daily ATM limit £500 Maximum limit per single POS transaction £2500 Maximum POS transactions £25000
HOW TO USE THE CARD
- A Card may only be used by the person to whom the Card was issued. The Card is otherwise non-transferable, and you are not permitted to allow any other person to use the Card, for example by disclosing your PIN or allowing them to use your Card details to purchase goods via the internet. Prior to use, the Card should be signed on the signature strip located on the back of the Card.
- We will be entitled to assume that a transaction has been authorised by you where either:
- The magnetic strip on the Card was swiped by the retailer or the Card was inserted into a chip & PIN device;
- The Card PIN was entered, or a sales slip was signed;
- Relevant information was supplied to the retailer that allows them to process the transaction, for example, providing the retailer with the 3-digit security code on the back of your Card in the case of an internet or other non-face-to-face transaction; or
- Your Card is tapped against a Contactless-enabled reader and accepted by such reader.
- Normally, we will receive notification of the authorisation by way of an electronic message in line with the rules and procedures of the payment scheme Mastercard network. Once you have authorised a transaction, the transaction cannot be stopped or revoked. However, you may in certain circumstances be entitled to a refund in accordance with clauses 13 and 14.
- On receipt of notification of the authorisation of a transaction and the transaction payment order, normally we will deduct the value of the transaction, plus any applicable fees and charges, from the Available Funds on the Card. The transactions will be executed as follows:
- Within the European Economic Area we will execute any transaction:
- In euro;
- In sterling or Gibraltar pounds within Gibraltar or between Gibraltar and the United Kingdom in sterling; and
- Involving only one currency conversion between the euro and sterling, provided that the required currency conversion is carried out in Gibraltar and, in the case of cross-border transactions, the cross-border transfer takes place in euro, By transferring the amount of the transaction to the payment service provider of the retailer by the end of the next Business Day following the receipt of the payment order.
- Any other transactions within the European Economic Area will be executed no later than 4 Business Days following the receipt of the payment order.
- If the payment service provider of the retailer is located outside the EEA, we will execute the transaction as soon as possible.
- The payment order will be received when we receive it from the retailer’s payment service provider, automated teller machine (ATM) operator or directly from you. If we receive the payment order on a non-Business Day or after 4:30 pm on a Business Day, it will be deemed received by Us on the following Business Day.
- Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Card, the transaction will be declined. In certain circumstances, a transaction may take your Card into a negative balance – this will normally be where the retailer has failed to seek authorisation for the transaction. In these cases, we will attempt to recover some or all of the money from the retailer if we can, providing that we are satisfied that you have not deliberately used the Card in the manner that would result in a negative balance. we will deal with such instances on a case-by-case basis, but where there is a negative balance on your Card, we may require you to make up the shortfall and, until there are Available Funds on your Card, we may restrict or suspend the use of your Card.
- The Card may be used in full or part payment for purchases. In the case of part payment, the Cardholder will be required to pay the outstanding amount of the purchase by an alternative means, for example, cash or debit card or credit card.
- You are able to use your card to enable Contactless transactions. When using your card for Contactless transactions, a maximum limit will apply. The limit is regulated by Mastercard and may vary from time to time. we will advise you what the limit is and of any changes to the limit on Our website.
- You have the option to transfer your Available Funds or part of your Available Funds from your Card to other Cards. If you instruct Us to make a transfer from your Card to another Card, the requested amount will be debited from your Card and credited to the Card you have instructed Us to transfer your Available Funds or part of your Available Funds to. you may incur a card-to-card transfer fee for this transaction. Please refer to clause 4 for fees and limits.
- If you use your Card for a transaction in a currency other than the currency that the Card is denominated in, the transaction will be converted to the currency that the Card is denominated in by the MasterCard scheme network at a rate set by Mastercard International www.mastercard.com/global/currencyconversion/. The exchange rate varies throughout the day and is not set by Us, therefore we are not responsible for and cannot guarantee you will receive a favourable exchange rate. Changes in the exchange rates may be applied immediately and without notice. you can ask Us for information about the exchange rate used after the transaction has been completed by contacting Our Customer Services team in accordance with clause 15. you will also be notified of any applicable exchange rate for each transaction in your online Account, which is updated daily, where the exchange was performed by Us.
- Normally, we will be able to support transactions 24 hours per day, 365 days per year. However, we cannot guarantee this will be the case, and in certain circumstances – for example a serious technical problem – we may be unable to receive or complete transactions.
- If you do not use your Card for 3 months, we will charge you a Monthly Inactivity Fee (see clause 4), which will continue until (i) you start using the Card again, (ii) any remaining Available Funds are depleted, or (iii) termination of the Agreement, whichever is sooner.
RESTRICTIONS ON USE OF CARD
- you must ensure that you have sufficient Available Funds on your Card to pay for each purchase, payment or cash withdrawal using the Card.
- The Card is not linked to a bank deposit account and is not a cheque guarantee card, charge card or credit card, nor may it be used as evidence of identity.
- The Card may not be used for preauthorised regular payments, for gambling, or for any illegal purposes, furthermore, certain types of transactions may be blocked.
- Spending limits apply to the Card. For details see clause 4.
- Any preauthorisation amount (such as a hotel booking or car hire) will place a “hold” on your Available Funds until the retailer sends us the final payment amount of your purchase, which may take up to 30 days. Once the final payment amount is received, the preauthorisation amount on hold will be removed. During the hold period, you will not have access to the preauthorised amount.
MANAGING YOUR CARD
- From 13th July 2018 we will send you monthly statements by email setting out: a reference enabling you to identify each transaction; the amount of each transaction; the currency in which your Card is debited; the amount of any transaction charges including their break down, where applicable; the exchange rate used in the transaction by Us and the amount of the transaction after the currency conversion, where applicable; and the transaction debit value date. If there are no transactions on the Card for more than a month then we will not provide you with a statement.
- you will need access to the internet to manage the Card. you may check the balance and Available Funds on your Card or view a statement of recent transactions, which will be updated daily, by visiting https://www.stylopay.com in your secure personal login area and following the login request for the Card.
- you may require the information specified in clause 7.1 above to be made available as specified in clause 7.2 instead (in the online Account). If you chose to do so, you must separately agree [insert whether this can be done online or by written agreement]. [If you have any questions, please contact Customer Services (see clause 15).]
- If you would like Us to provide you with the information set out in clause 7.1 more often than monthly or not by email (or if agreed differently under clause
- , more often than agreed or in a different manner than agreed) then we may charge you a reasonable administration fee to cover our costs of providing the information more often or in a different manner.
EXPIRY OF THE CARD
- Your Card will expire on the Expiry Date. On that date, subject to clause 8.2 below, this Agreement will terminate in accordance with clause 10, the Card will cease to function and you will not be entitled to use the Card.
- In some cases, we may issue a new Card to you shortly before the Expiry Date, however, we are not obligated to do so, and may elect not to issue a replacement Card at Our sole discretion. If we do issue a new Card, a new Expiry Date will apply and the new Card will expire on that Expiry Date.
- Any arrangements for the issue of a replacement Card in accordance with clause 8.2 above will be described on the website. The “cooling off” period described in clause 9 will not apply to any replacement Card issued by us. If you do not wish to receive a replacement Card, you may terminate the Agreement free of charge as set out in clause 10.3.
- Although the initial duration of the Agreement expires on the Expiry Date, due to the fact that it is possible for the Agreement to be extended, as set out in clause 8.2, we will treat the Agreement as an indefinite Agreement for the purposes of payment regulation and will not charge you a redemption fee if you terminate the Agreement before the Expiry Date. Your right to cancel the Agreement in clause 10.3 remains unaffected.
COOLING OFF AND REDEMPTION PROCEDURE
- you are entitled to a 14-day “cooling off” period from the Commencement Date during which you may cancel your Card. Should you wish to cancel your Card and this Agreement during the “cooling off” period, please return the Card to us by post to StyloPay Limited, Level39, One Canada Square, London, E14 5AB. Unsigned and unused within 14 days of issue and a full refund including any fees paid to date will be made to you. If you have used the Card, you will not be entitled to a refund of any funds that have been spent, including any associated fees, but we will refund your Card Registration Fee (if you have a physical Card) and any unspent Available Funds free of charge.
- Following the end of the “cooling off” period in clause 9.1 above, you may terminate this Agreement in accordance with clause 10.3 and redeem all of the Available Funds on the Card by contacting Our Customer Services team in accordance with clause 15. Upon the Expiry Date and termination of the Agreement, you may redeem all of the Available Funds on the Card free of charge. Before termination and during your Agreement with Us you may redeem some or all of the Available Funds by contacting Our Customer Services team in accordance with clause 15, in which case you will be charged a redemption fee in accordance with clause 4. we will deduct any redemption fee payable to Us from the Available Funds on the Card and will normally make an electronic transfer to a bank account that you nominate for the amount of the remaining(or requested) Available Funds on the Card following the deduction of the redemption fee. we will not complete your redemption request if we believe you have provided false information, we are concerned about the security of a transaction, if your Card is not in good standing, or if there are insufficient Available Funds to cover the redemption fee.
- If you request redemption of the entire remaining balance in accordance with clause 9.2, we will assume that it is your intention to terminate this Agreement and will cancel your Card.
- If for any reason you have some Available Funds left following the termination of the Agreement, you may redeem them in full up to 6 years following the termination. we will charge you a redemption fee as detailed in clause 4 if you request redemption more than one year after the termination.
- If you wish to cancel after purchasing the Card but have not yet activated the Card, please simply return the Card without activating it to us by post to StyloPay Limited, Level 39, One 1st Floor 2 Woodberry Grove, Finchley, London, N12 0DR UK. Once we receive the Card, we will refund you the purchase amount you paid for the Card by crediting the payment instrument you used for the purchase.
TERMINATION OF THIS AGREEMENT
- Subject to clauses 10.2 and 10.3, this Agreement will terminate on the Expiry Date subject to:
- A replacement Card being issued to you on or before the Expiry Date of your Card in accordance with clause 8.2; or
- A request for cancellation by you and/or redemption by you of the entire remaining balance on your Card in accordance with clause 9.2 above.
KEEPING YOUR CARD AND DETAILS SAFE
- We will assume that all transactions entered into by you with your Card or Card details are made by you unless you notify Us otherwise in accordance with clause 14.1.
- you are responsible for keeping your Card and its details safe. This means you must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a transaction.
- You must keep your PIN safe at all times. This includes:
- Memorising your PIN as soon as you receive it, and destroying the letter or other document on which we provided the PIN to you immediately;
- Never writing your PIN on your Card or on anything you usually keep with your Card;
- Keeping your PIN secret at all times, including by not using your PIN if anyone else is watching; and
- Not disclosing your PIN to any person.
Failure to comply with this may be treated as gross negligence and may affect your ability to claim any losses. NEVER COMMUNICATE YOUR PIN TO ANYONE IN WRITING OR OTHERWISE. This includes printed messages, e-mails and online forms.
LOST, STOLEN OR DAMAGED CARDSTel: +18332754847
- If you lose your Card or it is stolen or damaged, or you suspect it has been used by someone else, you must notify [Us] without undue delay as soon as you become aware of this by telephoning Our Customer Services team in accordance with clause 15 of this Agreement. You will be asked to provide your Card number and other information to verify that you are the authorised Cardholder. Following satisfactory completion of the verification process, we will then immediately block any lost or stolen Card to prevent unauthorised use and cancel any damaged Card to prevent further use.
- After you have notified us of the loss, theft or risk of misuse, and providing that we are able to identify your Card and satisfy certain security checks, we will issue a replacement Card and/or PIN to you. Certain fees may apply for the re-issue of a lost or stolen card, please see clause 4 for further details. Please, notify the Company about the loss or theft of the Card(s), and consult with the Company about the reasons for re-issuing your Card(s). The “cooling off” period described in clause 9 does not apply to replacement Cards.
PURCHASES FROM RETAILERS
- We are not responsible for the safety, legality, quality or any other aspect of the goods and services purchased with the Card.
- Where a retailer provides a refund for any reason (for example, if you return the goods as faulty), it can take several days for the notification of the refund and the money itself to reach Us. As such, please allow 5-10 days from the date the refund was carried out for the refund to be applied to your Card.
TRANSACTION DISPUTES AND CARD SUSPENSION
- If you believe you did not authorise a particular transaction or that a transaction was incorrectly carried out, in order to get a refund you must contact Our Customer Services team without undue delay - as soon as you notice the problem, and in any case no later than 13 months after the amount of the transaction has been deducted from the Card. we will as soon as practicable, and in any event no later than the end of the Business Day following the day on which we become aware of the unauthorized transaction, refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement subject to the rest of this clause 14, except in cases where we have a reasonable suspicion that you have acted fraudulently, in which case we will conduct an investigation as quickly as possible and notify you of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 14.1.
- If a transaction initiated by a retailer (for example, this happens when you use your Card in a shop) has been incorrectly executed and we receive proof from the retailer’s payment service provider that we are liable for the incorrectly executed transaction, we will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement. We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable. [If a transaction initiated by you has been incorrectly executed, we will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions you gave Us were incorrect, in which case we will make reasonable efforts to recover the funds but may charge you a reasonable fee to cover our administration costs, of which we will notify you in advance.] [We execute transactions in accordance with the transaction detail received. Where the detail provided to us is incorrect, we will not be liable for incorrectly executing the transaction, but we will make reasonable efforts to recover the funds involved. In such a case we may charge you a reasonable fee to cover our administration costs, of which we will notify you in advance.]
- [If you initiate a payment to someone in the EEA and it is received by them later than this Agreement stipulates (clause 5.4), you can notify Us so that we can ask the recipient’s payment service provider to correct the amount of any fees and charges on the account of the recipient (so that it is as if they received the payment on time and are not at a loss).] If you receive a late payment from another payment service provider (e.g. a refund from a retailer’s bank) via Us, we will credit your Account with the relevant amount of any associated fees and charges so that you will not be at a loss.
- Subject to the rest of this clause 14, we will limit your liability to £35 for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card’s details, except where:
- the loss, theft or misappropriation of the Card was not detectable by you before the unauthorised transaction took place (unless you acted fraudulently, in which case you are liable for all losses incurred in respect of the unauthorised transaction), or
- The loss was caused by acts or omissions of one of our employees or agents, in which case you are not liable for any losses.
CUSTOMER SERVICES AND COMMUNICATION
- Our Customer Services team are normally available 9am to 10pm Monday to Friday, 10am to 9pm on Saturdays, and 10am to 6pm on Sundays. During these hours we will endeavour to resolve all enquiries immediately, however, please note that certain types of enquiry can only be resolved during normal business opening hours. You can contact Our Customer Services team by the following methods:
- telephoning +18332754847
- emailing firstname.lastname@example.org; or
- Writing to StyloPay Limited, Level39, One Canada Square, London, E14 5AB.
- If we need to contact you or send you a notification under this Agreement, we will do so by sending an email to the email address you provided us with when you obtained the Card, by sending an SMS to your registered mobile number or by sending a notification to your App, unless stated otherwise in the Agreement.
- Our business opening hours are Monday to Friday, 9am to 5pm. Correspondence received after the close of business on a particular day or on a non-Business Day will be treated as having arrived on the following Business Day.
- If you are not satisfied with any element of the service you receive, any complaints should be made to Our Customer Services team using the contact details in clause 15.1 above. Calls may be monitored or recorded.
- We do everything we can to make sure you receive the best possible service. However, if you are not happy with how your complaint has been managed by Our customer care team and you wish to escalate your complaint, you should contact the card issuer, IDT Financial Services, PO Box 1374, 1 Montarik Building, 3 Bedlam Court, Gibraltar. Email address: email@example.com, web www.idtfinance.com in the first instance for further assistance. A copy of our complaints policy can be found on our website or requested by contacting us.
- If, having exhausted Our complaints procedure, you remain unhappy, you may complain to the Financial Services Commission, PO Box 940, Suite 3, Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar, e-mail firstname.lastname@example.org, web www.fsc.gi. It is important to be aware that legally it is not the role of the Gibraltar Financial Services Commission to resolve disputes between you and Us.
- Generally speaking, in the EEA, if you opened your Account online or used a service like Ours online, you may submit your complaint on the European Commission online dispute resolution platform (ODR platform) instead of complaining directly to the Financial Services Commission at https://ec.europa.eu/odr. At this moment in time, it is not possible to use the platform for a Gibraltar issuer like Us but this may change in the future. we will notify you of any such changes.
LIMITATION OF LIABILITY
- None of the organisations described in clauses 1.2 and 1.3 will be liable for:
- any fault or failure relating to the use of the Card that is a result of abnormal and unforeseeable circumstances beyond Our control which would have been unavoidable despite all Our efforts to the contrary, including but not limited to, a fault in or failure of data processing systems;
- The goods or services that you purchase with your Card;
- Any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
- A merchant refusing to honour a transaction or refusing a payment; or
- Any acts or omissions that are a consequence of Our compliance with any national or European Union law. In any event the liability of the organisations described in clauses 1.2 and 1.3 will be limited to the balance of the Card at the time that the event occurs.
YOUR PERSONAL INFORMATION
- we collect certain information about the purchasers and the users of the Card in order to operate the Card programme. StyloPay and IDT Financial Services Limited are data controllers of your personal data, and will manage and protect your personal data in accordance with the Data Protection Act 1998 (as amended) (UK) and the Data Protection Act 2004 (as amended) (Gibraltar).
- We may transfer your personal data outside the European Economic Area (“EEA”) to our commercial partners where necessary to provide Our services to you, such as customer service, account administration, financial reconciliation, or where the transfer is necessary as a result of your request, such as the processing of any international transaction. When we transfer personal data outside the EEA, we will take steps to ensure that your personal data is afforded substantially similar protection as personal data processed within the EEA. Please be aware that not all countries have laws to protect personal data in a manner equivalent to that of the EEA. Your use of our products and services will indicate to us that you agree to the transfer of your personal data outside the EEA. If you withdraw your consent to the processing of your personal data or its transfer outside the EEA, which you can do by using the contact details in clause 15.1, we will not be able to provide our services to you. Therefore, such withdrawal of consent will be deemed to be a termination of the Agreement.
- Unless you have provided your explicit permission, your personal data will not be used for marketing purposes by Us or Our commercial partners (unless you have independently provided your consent to them directly), nor will it be shared with third parties unconnected with the Card scheme.
- you have the right to request details of the personal information that is held about you, and you may receive this by writing to [Us] [the Programme Manager] . Where legally permitted, we may charge for this service.
CHANGES TO THE AGREEMENT
- If any changes are made, they will be publicised on our website at least 2 months before the changes take effect (unless the law requires or permits Us to make a more immediate change or in the event of a change to the exchange rate). Copies of the most up-to-date version of the Agreement will be made available on our website at all times and will be sent to you by email upon request free of charge at any point during the Agreement.
- we will also notify you of any change to the Agreement by email at least 2 months in advance. You will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Card. If you do not accept the change, you may end this Agreement immediately and free of charge before the expiry of the notice.
- There may be times when we will have to change this Agreement without notice or with a notice shorter than 2 months but this would happen in a very limited number of cases and only for legal, regulatory or security reasons, or to enable the proper delivery of the Card scheme. If this is the case, we will notify you of such changes with as much notice as possible, or as soon as possible after the change has taken effect if advance notice is not possible. Your right under clause 10.3 to terminate the Agreement at any time free of charge would not be affected.
LAW AND COURTS
- The Agreement, and your relationship with us arising out of or relating to the Agreement, will be governed by the law of England and Wales. However, if you are resident elsewhere in the UK, any relevant consumer protection law of your home jurisdiction that exceeds the consumer protection law of England and Wales will apply to the Agreement. All disputes arising out of or relating to the Agreement shall be subject to the jurisdiction of the courts of England and Wales. However, if you are resident elsewhere in the UK, the Agreement will be subject to the relevant court in your home jurisdiction (i.e. Scotland or Northern Ireland).
- we may assign the benefit and burden of this Agreement to another company at any time by giving you 2 months’ notice of this. If we do this, your rights will not be affected.
- If any term or provision in the Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of the Agreement but the validity and enforceability of the remainder of the Agreement shall not be affected.