PaysU Terms and Conditions1. DEFINITIONS
- 'Account' - The electronic account associated with your Card.- 'Agreement' - This Cardholder agreement as varied from time to time.- 'Available Balance' - Value of funds loaded onto your Card and available for use.- 'ATM' - An automated teller machine or cash dispenser bearing the MasterCard Acceptance Mark.- 'Card' - Any Card issued to you under this Agreement.- 'Card Issuer' - Clydesdale Bank PLC, 30 St Vincent Place, Glasgow, G1 2HL, a company registered in Scotland with number SC001111.- 'Card Number' - The card number on the front of your Card.- 'Cardholder' - You, the person entering into this Agreement with us.- 'Company' means your employer/rewarder at the time the Card is issued and references to 'Programme' or 'Campaign' are to that Company's scheme for rewarding you with your Card.- 'e-money' - The electronic money associated with your Card.- 'e-money Issuer' - PrePay Technologies Ltd, 55 Baker Street, London, W1U 8EW, a company registered in England and Wales under company number 4008083, authorised and regulated by the Financial Services Authority as an e-money issuer.- 'MasterCard International Incorporated' - MasterCard International Incorporated whose head office is at 2000 Purchase Street, Purchase, New York 10577 USA- 'Merchant' - A retailer, or any other person, firm or corporation that accepts cards which display the MasterCard Acceptance Mark.- 'PIN' - Personal identification number for use with the Card.- 'Programme Manager' - P&MM Ltd, a company incorporated in England and Wales under company number 01090180, and whose registered address is Avalon House, Breckland, Linford Wood, Milton Keynes, Buckinghamshire, MK14 6LD - 'Programme Hotline' - The contact centre for dealing with queries and requests for services in relation to your Card. Contact details for the Programme Hotline can be found in paragraph 17.- 'Transaction' - A retail sale, completed by you using your Card.- 'we', 'us' or 'our' - - PrePay Technologies Ltd, PO Box 3371 Swindon SN5 5YN, a company registered in England and Wales under company number 4008083, authorised and regulated by the Financial Services Authority as an e-money issuer with registration number 219619.- 'Website' means www. paysyouspree.co.uk- 'you', 'your' - The Cardholder.2. SCOPE OF THIS AGREEMENT 2.1 Your Card is an e-money prepaid card. This is not a credit, charge or debit card. 2.2 Your Card has been issued by Clydesdale Bank PLC pursuant to a licence from MasterCard International Incorporated. This Card is an electronic money product. The electronic money associated with this card is provided by Prepay Technologies Limited, a company regulated by the Financial Services Authority for the issuance of electronic money. Prepay Technologies Limited is a registered service provider of Clydesdale Bank PLC. Your rights and obligations relating to the use of this Card are subject to this Agreement between you and us; you have no rights against Clydesdale Bank PLC or MasterCard International Incorporated or their respective affiliates. If you experience any difficulties in using the Card, you should contact The Programme Hotline. The e-money associated with this Card will be denominated in Pounds Sterling and is issued to the Programme Manager by us. The Programme Manager will grant to you the right to use its e-money up to the value loaded onto your Card. All legal rights (including legal title) associated with the e-money will remain with the Programme Manager and do not pass to you. In the unlikely event that the Programme Manager or we become insolvent, the e-money on your Card may lose its value and become unusable, and accordingly you may lose the ability to use it. The Card remains the property of Clydesdale Bank PLC2.3 These terms and conditions are written and available only in English and we undertake to communicate with you in English regarding any aspect of your Card or Account.3. RECEIPT AND ACTIVATION OF CARDS 3.1 When you receive your Card, you must sign it immediately. You can activate your Card by calling the Programme Hotline. Please note that your Card cannot be used until it has been activated.3.2 When you call the Programme Hotline you will need to select the 'Card Activation' option from the menu. You will then be asked to quote your Card Number and your activation code which you will find on the letter that came with your Card. You may also be requested to provide us with some details to confirm your identity. 3.3 You will be given a 4 digit PIN. You should never write down your PIN, reveal your PIN to anybody, allow anyone else to use your Card or enter your PIN in a way that it can be easily seen by others. We will not reveal your PIN to a third party. If you forget your PIN, you will need to call the Programme Hotline. You should not enter your PIN into any ATM that does not look genuine, has a suspicious device attached to it or is operating in a suspicious manner. 3.4 You will be able to change your PIN at any UK Bank ATM. When you select or change your PIN, you must not select a PIN that can be easily guessed, such as, for example, a number that:- is easily associated with you, such as your telephone number or birth date;- is part of data imprinted on the Card;- consists of the same digits or a sequence of running digits; or is identical to the previously selected PIN.4. USE OF CARDS 4.1 Your Card can be used at any Merchant.4.2 Your Card is a prepaid card, which means that the Card's Available Balance will be reduced by the full amount of each Transaction and authorisation, plus any taxes and charges that are applicable including any additional ATM charge (if any) (the "Full Deductible Amount"). 4.3 You must not use your Card if the Full Deductible Amount exceeds the Available Balance or after the expiry date of the Card. If, for any reason, a Transaction is processed for an amount greater than the Available Balance on your Card, you must repay the Programme Manager the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of receiving an invoice from it. Should you not repay this amount within 14 days of receiving an invoice from the Programme Manager then it reserves the right to take all steps necessary, including legal action, to recover any monies outstanding.4.3 You will not be able to load the Card yourself, loads will be made by the Programme Manager on its receipt of instructions from the Company. You can check your balance by calling the Programme Hotline - calls will be charged at local rates. You can also check your balance on the Website.4.4 Due to security safeguards, Merchants that accept your Card are required to seek authorisation from us for all of the Transactions that you make. There are some circumstances where Merchants may require you to have an Available Balance greater than the value of the Transaction you wish to make. You will only be charged for the actual and final value of the Transaction you make. Merchants request this as they may need to access more funds than you initially planned to spend. For example: 4.4.1 Hotels and rental cars - As Merchants may not be able to accurately predict how much your final bill will be, they may request an authorisation for funds greater than your Available Balance. 4.4.2 Restaurants - You will need to have an Available Balance equivalent to the total cost of the meal plus 20%. This is to accommodate any service charge that could be added to your bill. 4.4.3 Internet Merchants - Certain Internet merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify if funds are available; this will temporarily impact your Available Balance. Also please bear in mind that many sites won’t deduct payment until goods are dispatched so please be aware of these variances on cleared funds when checking your balance and ensure that funds are always available to cover your purchases. Your card should not be used as a form of identification. We will decline any authorisation requests from merchants using your card for identification purposes. 4.4.4 In-flight purchases - Merchants may not be able to authorise your Transaction if they cannot obtain an online authorisation from us. Examples include on-board cruise or train charges and some in-flight purchases. 4.4.5 Membership or subscriptions - Please ensure that you always have sufficient Available Balance on your Card if you use it to make recurring charges, such as memberships or subscriptions. 4.5 Your card cannot be used at petrol stations or other merchants whose main business is the sale of fuel or other sources of primary power. 4.6 You may not use your card to obtain cash, foreign currency, travellers cheques, to obtain cash back from any Merchant, to settle outstanding balances on credit cards, bank overdrafts or credit agreements, to pay for memberships or subscriptions by direct debit or for online gambling and betting transactions.4.7 The Available Balance on your Account will not earn any interest. 4.8 We may request you to surrender the Card at anytime for a valid reason in accordance with the provisions at paragraph 12 of these terms and conditions. 5. CARD EXPIRY 5.1 The expiry date of your Card is printed on the front of the Card. You will not be able to use your Card if it has expired. 5.2 No Transactions will be processed once your Card has expired.5.3 Provided you are still a member of the Company’s Programme or Campaign, and the Programme or Campaign has not been terminated, we will transfer any remaining value on the expired Card to a new Card, otherwise any unused value will expire and will no longer be available for you to spend.6. CARDHOLDER LIABILITY AND AUTHORISATIONS 6.1 We may restrict or refuse to authorise any use of your Card if using the Card is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Card. 6.2 If we need to investigate a Transaction on the Card then you must cooperate with us, the police or any other authorised body as required. 6.3 If a Transaction is made that requires use of your PIN, you will be deemed to have authorised that Transaction, and you will be liable for any Transaction made with your PIN. 6.5 You agree to indemnify and hold harmless us and our distributors, partners, agents, sponsors (including without limitation the Card Issuer and the Programme Manaager), and service providers and their group companies for and against the costs of any legal action taken to enforce these terms and conditions and/or any breach of these terms and conditions or fraudulent use of your Card or PIN by or authorised by you.7. LOST, STOLEN OR DAMAGED CARDS 7.1 You should treat the e-money on your Card like cash in a wallet. If you lose your Card or it is stolen you may lose any e-money on it in just the same way as if you lost your wallet. 7.2 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, you must immediately contact the Programme Hotline. You will be asked to provide us with your Card Number and some identifying details. You will be liable for any unauthorised Transactions that take place prior to you notifying us and these will reduce the Available Balance. If there is an Available Balance remaining on your Card, we will replace your Card and transfer the last Available Balance onto it. If we replace the Card, the Card should be delivered to your home address or your workplace team leader (as the case may be) within 28 days. (Fees apply, see paragraph 9). 8. TRANSACTIONS MADE IN FOREIGN CURRENCIES 8.1 If you make a Transaction in a currency other than Pounds Sterling (a 'Foreign Currency Transaction'), the amount deducted from your Account will be converted to Pounds Sterling on the day we receive details of that Foreign Currency Transaction. We will use an exchange rate set by MasterCard. This rate will include a Foreign Exchange Fee (see paragraph 9). 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.9. FEES 9.1 The Cards are subject to certain fees as follows:- Foreign exchange fee for foreign currency Transaction 4.0% - Replacement Card £10.00 9.2 We will deduct any taxes or charges due from the Available Balance on your Card. If there is no Available Balance of funds on your Card, or taxes or charges exceed the balance of funds available, the Programme Manager will send an invoice to you and will require you to repay it within 14 days of the invoice. Should you not repay this amount within 14 days of receiving an invoice from the Programme Manager it reserves the right to take all steps necessary, including legal action, to recover any monies outstanding.9.3 All card fees are inclusive of VAT. VAT invoices will not be issued. 10. DISPUTES 10.1 If you have a reason to believe that any of the Transactions for which your Card was used are unauthorised or has been posted to your Account in error, then at your request we will examine your Account and the circumstances of the Transaction. We strongly recommend that you check My Account on a regular basis and notify us by contacting the Programme Hotline as soon as possible, but in any event, within 13 months of the date of the relevant Transaction. Please be aware that any delay in notifying us makes it more difficult for us to obtain evidence as to whether the Transaction was authorised and may therefore increase the time involved in investigating the Transaction. If you dispute the Transaction, the Merchant must be able to prove that the Transaction actually took place.10.2 Once we are reasonably satisfied that you did not authorise the Transaction and that we are required to refund the Transaction under this Agreement, then we will refund the Transaction amount together with any charges on that amount and will have no further liability to you. We may require you to liaise with the appropriate authorities with respect to the disputed Transaction.10.3 Until our investigation is complete the disputed amount will be unavailable to spend. If we credited the value of the disputed Transaction and we subsequently receive information that proves that the Transaction was genuine, then it will be deducted from your Account. In this event we will charge you a £10 administration fee.10.4 We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement and failed to report any fraudulent activities to the relevant authorities.11. VARIATION 11.1 We may change the terms and conditions of this Agreement, including charges, fees and limits, at any time by posting an amended version on the Website and/or by letter for one or more of the following reasons: 11.1.1 to reflect the introduction or development of new systems, methods of operation, services or facilities; 11.1.2 to reflect a change or an expected change in market conditions, general good practice or the cost of providing our services to our customers; 11.1.3 to conform with or anticipate any changes in the law or taxation, any codes of practice or recommendations of the Financial Services Authority or other regulatory body; 11.1.4 to ensure that our business is run prudently and remains competitive; 11.1.5 to take account of a ruling by a court, ombudsman, regulator or similar body; 11.1.6 to make the terms and conditions fairer or clearer for you; 11.1.7 to rectify any mistake that might be discovered in due course; or 11.1.8 by agreement with you; or 11.1.9 to enable us to harmonise our banking interest or charging arrangements 11.2 We will give you reasonable notice by email of any change in fees or service levels included in these terms and conditions. If you have not provided us with your email address you must regularly check the Website for up to date terms and conditions.12. TERMINATION OR SUSPENSION 12.1 We can terminate this Agreement at any time: 12.1.1 if we give you 30 days notice; or 12.1.2 with immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your Transactions due to the actions of third parties. 12.2 We can suspend your Card at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if: 12.2.1 we discover that any of the information about you that was provided to us when you were issued your Card was incorrect; or12.2.2 a Transaction has been declined because of a lack of Available Balance; or 12.2.3 you have breached this Agreement or we have reason to believe that you have used, or intend to use the Card 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. 12.3 You can terminate this Agreement at any time by contacting the Programme Hotline and returning your Card to us. In this event you lose the Available Balance on your Card.12.4 In the event that any additional fees and/or charges are found to have been incurred on your Card following termination by either you or us, you shall repay to the Programme Manager any sum which relates to a withdrawal on the Card or fees and/or charges validly applied whether before or after termination. The Programme Manager will l send an invoice to you and will require you to repay it within 14 days. Should you not repay this amount within 14 days of receiving an invoice from the Programme Manager it reserves the right to take all steps necessary, including legal action, to recover any monies outstanding 13. OUR LIABILITY 13.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations: 13.1.1 we shall not be liable for 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 and failure of data processing systems; 13.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; and13.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card; and 13.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud. 13.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded. 13.4 The above exclusions and limitations set out in this paragraph 13 shall apply to any liability of our affiliates such as the Card Issuer, the Programme Manager, MasterCard International Incorporated, or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement. 14. YOUR INFORMATION 14.1 You may provide us with personal data from time to time in connection with your Card. Some personal data will be necessary for us to provide you with the Card and services under this Agreement. You must notify us immediately of any change of name and address by contacting the Programme Hotline. 14.2 We and our affiliates are committed to maintaining your personal data in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with these terms and conditions, your personal information will not be passed to anyone without your permission. To comply with Anti-Money Laundering Regulations, we may request evidence of identity from you. 14.3 You agree that we can use your personal data in connection with the Card, and the e-money associated with the Card, to contact you about replacement Cards, and to enable us to review, develop and improve our products and services. This may involve providing your personal data to our affiliates, agents, distributors, and suppliers including the Card Issuer and the e-money Issuer and to MasterCard International Incorporated and its affiliates to process Transactions and for their statistical research and analytical purposes as outlined in our privacy statement. We may also transfer your personal data outside of the EEA to enable you to use the Card while you are travelling, and such countries may not offer the same protections for personal data. We may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity ('Misuse'). 14.4 You may contact us at anytime to request us to stop such use or further disclosure to other companies for such use. 14.5 You have a right to inspect the personal data we hold about you however we will ask you to pay an Inspection Fee of £10 to cover our costs. For further information please contact the Programme Hotline. 14.6 If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your Card until we can establish the correct information, in order to protect us both. 14.7 If we believe that you have been involved in any Misuse then we may contact the Company to advise them of such Misuse and you hereby consent to the disclosure of your personal data to the Company in this context.15. COMPLAINTS PROCEDURE 15.1 Complaints regarding any element of the service provided by us should be sent in writing or by email to the Programme Hotline. 15.2 All complaints will be subject to our Complaints Procedure. We will provide you with a copy of our Complaints Procedure upon request and, if we receive a complaint from you, a copy of our Complaints Procedure will automatically be posted to you. 15.3 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (South Quay Plaza, 183 Marsh Wall, London E14 9SR; phone 0845 080 1800). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk. 15.4 The Financial Services Compensation Scheme is not applicable for the Card. No other compensation schemes exist to cover losses claimed in connection with the Card. 16. GENERAL 16.1 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. 16.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect. 16.3 You may not assign or transfer any of your rights and/or benefits under these terms and conditions and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under these terms and conditions have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement. 16.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions of these terms and conditions, save that the Card Issuer, the e-money Issuer, MasterCard International Incorporated and their respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon them and a person specified in paragraph 13.4 may enforce paragraph 13. 16.5 This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales. 17. CONTACTING THE PROGRAMME HOTLINEIf you need assistance, you can contact the Programme Hotline by telephone on 0845 051 1636 between the hours of 9.00am and 5.30pm on Monday to Friday (excluding Bank Holidays), by sending an email to Spree or by writing to PaysYou Spree, P&MM Limited, Avalon House, Breckland, Linford Wood, Milton Keynes, Buckinghamshire, MK14 6LD. A Lost and Stolen service is also available 24 hours a day on the Programme Hotline phone number, 0845 051 1636.