IDT FINANCIAL SERVICES PREPAID CARD CONDITIONS XXIMO MOBILITY CARD PROGRAMME THE NETHERLANDS

Transcription

1 IDT FINANCIAL SERVICES PREPAID CARD CONDITIONS XXIMO MOBILITY CARD PROGRAMME THE NETHERLANDS Card Conditions These Card Conditions apply to the use of the IDTFS Prepaid Cards by the Customer and all natural or legal persons authorised by the Customer to use the Prepaid Cards as payment means. The Customer acknowledges the contents of these Card Conditions and agrees with the application thereof to the legal relationship between him and IDTFS Financial Services. Article 1. Definitions In these Card Conditions the following capitalised expressions, have the following meanings: Agreement: Available Balance: Card Conditions: Card Holder: Card Issuer: Customer Administrator: Customer: FSC: IDTFS: Merchant: Electronic Money Offset Account: Prepaid Card: Product Description: the agreement between IDTFS and the Customer for the issue and use of the Prepaid Card (including these Card Conditions and the Product Description) the value of the available balance of electronic money that is linked to the Electronic Money Offset Account for use by the Card Holder as payment means these conditions as they apply between IDTFS and the Customer and may be changed from time to time natural or legal persons authorised by the Customer to use the Prepaid Cards as payment instrument cards are issued by IDT Financial Services Limited pursuant to a license from Visa Europe Limited. IDT Financial Services Limited is regulated and authorised by the Financial Services Commission, Gibraltar. Registered Office: Line Wall Road, Gibraltar. Registered No At all times the Card remains the property of IDT Financial Services Limited person, persons or department linked to or from the Customer, responsible for administering the Prepaid Cards on behalf of the Customer the legal person or the natural person acting in capacity of professional or business which has concluded an Agreement with IDTFS the Financial Services Commission in Gibraltar IDTFS Financial Services Limited a provider or supplier of (mobility) services or goods who accepts Prepaid Cards issued under license as a payment means a cash account referencing to the Customer, held in the name of IDTFS with a Dutch bank, whose credit balances apply to offset as value for the electronic money linked to one or more Prepaid Cards prepaid VISA-card, issued by IDTFS to the Customer which is linked to the Electronic Money Offset Account the description on the website of the specifications, operation and rates of the Prepaid Card Page 1 of 9

2 Service Provider: Transaction: XXImo B.V., a private company with limited liability registered in the trade register of the Chamber of Commerce under number , with correspondence address: PO Box 2415, (5202 CK) 's-hertogenbosch, phone number: a payment or purchase of goods or services from a Merchant the payment of which is made by the use of the Prepaid Card, also when the payment is made via the internet Article 2. General provisions 2.1 The Prepaid Card is issued by IDTFS under a license from Visa Europe Limited. IDTFS is supervised as a bank, regulated by the Financial Services Commission, Gibraltar. As a bank under the supervision of an authority in a Member State of the European Economic Area, IDTFS is allowed to perform certain payment services (being: execution of payment transactions, including transfers of funds, on a payment account with the user's payment service provider or with another payment service provider: (i) execution of direct debits, including one-off direct debits; (ii) execution of payment transactions through a payment card or a similar device and (iii) execution of credit transfers, including standing orders), to issue electronic money and to issue and manage other payment means in the Netherlands through cross border services. IDTFS is registered as EER Bank (permitted to render the cross border services described here above) in the register maintained by the Dutch Central Bank pursuant to article 1:107 Dutch Act on Financial Supervision. 2.2 The Customer is aware and agrees that IDTFS has outsourced a number of activities in connection with the Prepaid Card program to the Service Provider. These include, but are not limited to, the card application, fraud monitoring and complaint handling. In such capacity XXIMO acts as Service Provider. Where in these Card Conditions is referred to the Service Provider, reference is made to the role of XXIMO as holder of a proxy of IDTFS. No direct agreement between Service Provider and the Customer will be established. The Customer has, in respect of the rights and obligations regarding the issue of the Prepaid Card, the charging of electronic money, the transfers in favour of the Electronic Money Offset Account, conversion rights pursuant to article 7:521a Civil Code and all similar rights and obligations resulting from the use of the Prepaid Card only a legal relationship with IDTFS. 2.3 The Customer authorises Card Holders to use the Prepaid Cards. The Customer will bind the Card Holders to the relevant provisions of the Agreement and these Card Conditions by laying down (staff) rules for persons employed at the Customer or by means of an agreement in which at least the same conditions and obligations of the Agreement and these Card Conditions are imposed, to the extent relevant. 2.4 The Prepaid Card is electronic money within the meaning of the Dutch law and regulations. The Customer acknowledges that the legal relationship between it/the Cardholders and a Merchant is not governed by the Agreement and/or these Card Conditions and that it/the Cardholders cannot derive any rights or claims towards IDTFS or the Service Provider in connection with the use of the Prepaid Card as a means of payment towards the Merchant. 2.5 In connection with the Prepaid Card, IDTFS acts as a payment services provider solely in relation with the Customer and not in relation with the Card Holders. The Customer as a non-consumer (within the meaning of applicable Dutch law) and IDTFS hereby expressly agree that, unless expressly otherwise provided in the Agreement and/or these Card Conditions the following provisions of the Dutch Civil Code do not apply in their relationship: articles 7:516 through 7:519, article 7:520 (1), article 7:522 (3), article 7:527, articles 7:529 through 7: 531, article 7:534, article 7:543, article 7:544 and article 7:545. Page 2 of 9

3 2.6 IDTFS and the Customer further agree that the provisions in the Market Conduct Supervision Decree adopted pursuant to article 4:22 Dutch Act on Financial Supervision, with regard to the content and delivery of the information to be provided pursuant to Title III of the Payment Services Directive, or which are determined to implement articles 7:516 to 7:518 and 7:530 (5) Dutch Civil Code, do not apply in their legal relationship, unless expressly provided for otherwise in the Agreement. Article 3. Prepaid Cards 3.1 The Prepaid Card is a rechargeable Card that is linked to an Electronic Money Offset Account. The Prepaid Card can be used worldwide by Card Holders for purchasing products and services from Merchants, under the condition that these Merchants accept VISA cards, the Available Balance of the Prepaid Card is sufficient to pay the Transaction with the Prepaid Card and the Card Holder is authorised for such a Transaction. The Prepaid Card is not a credit card and payments with the Prepaid Card cannot be made as long as no Available Balance has been posted to the Prepaid Card by the Customer. IDTFS nor the Service Provider grant to the Customer or Card Holder any form of credit in the context of the Prepaid Card or Transactions. In accordance with article 3:29c (2) and (3) of the Dutch Act on Financial Supervision, the Prepaid Card nor the Available Balance are repayable funds/deposits within the meaning of Dutch laws and regulations. 3.2 An Electronic Money Offset Account can be activated as soon as the Customer Administrator has provided the Service Provider with all necessary information. Service Provider keeps up-to-date all the information received, in accordance with all applicable legal and regulatory requirements. 3.3 As with any payment means, IDTFS cannot guarantee that the Prepaid Card is accepted as payment means by certain Merchants. IDTFS advises the Customer to advise the Card Holders to verify at all times whether the Prepaid Card is accepted by the Merchant prior to the use of the Prepaid Card. 3.4 The Prepaid Card remains the property of IDTFS at any time. Prepaid Cards are not transferable or usable by others than Card Holders as nominated by the Customer and notified to the Service Provider. The Prepaid Card is issued by IDTFS to the Customer and not directly to the Card Holders. It is the Customer who makes the Prepaid Card available to the Card Holders selected by him. It is strictly forbidden to transfer, lend or otherwise make available the Prepaid Card, the linked PINnumbers to the Prepaid Card or other personalised security features to others than the Card Holders. 3.5 The Prepaid Card can only be used by the Card Holder and expires on the date that is indicated on the front of the Prepaid Card. The Customer receives, prior to the expiration of the period of use of the Prepaid Card, automatically a new Prepaid Card for that Card Holder, unless the Customer and/or Card Holder has indicated in writing to Service Provider that they wish to terminate the use of the Prepaid Card by the Card Holder. The use of all Prepaid Cards issued to the Customer will furthermore be cancelled notwithstanding other mentioning of the expiration date on the physical Prepaid Cards issued to the Customer, if the Agreement is terminated on the regular termination date or at earlier termination of the Agreement. From the date of termination of the Agreement, all Prepaid Cards issued to the Customer will automatically be blocked and the Card Holders will no longer be able to use the Prepaid Cards as a payment means. 3.6 The Prepaid Card may not be used for any illegal activity. The Customer and the Card Holders have to comply with all laws and regulations, in all jurisdictions where the Prepaid Card is used. 3.7 IDTFS and/or Service Provider acting as an agent for IDTFS may, without notice, suspend its service under the Agreement and block the Prepaid Card(s) issued to the Customer, in all the cases referred to in Article 5.5 of these Card Conditions. Page 3 of 9

4 3.8 IDTFS does not warrant that the Prepaid Card, the Electronic Money Offset Account and related services can be used without interruption or malfunctioning. Malfunctioning or interruptions might occur if maintenance is performed or if disturbances occur in the VISA network or systems of the Merchant or payment service providers used by the Merchant. If Card Holder or the Customer are prejudiced in the use of the Prepaid Card and related services, they can contact the customer service of Service Provider via the phone number published on the website. IDTFS and Service Provider will use best efforts to resolve any problems as soon as possible. The circumstances mentioned in the second sentence of this provision shall in any case (among other cases of possible force majeure) considered to be force majeure on the part of IDTFS and the Service Provider, for which of them any liability towards the Customer and the Card Holders is excluded. Article 4. Security of Prepaid Card 4.1 Once the Card Holder receives the Prepaid Card the Prepaid Card should be signed on the signature stripe located on the back of the Prepaid Card. 4.2 The Card Holder receives the Prepaid Card in an inactive status. In order to use the Prepaid Card it should be activated by logging in on a personal login page. The Prepaid Card is ready for use approximately one hour after activation. 4.3 Card Holder must keep the Prepaid Card in a safe place and has to keep its personalised security features (including the unique authentication methods, such as PIN-number, expiry date, Prepaid Card number and CVC/CVV code) secret at all times and therefore may not disclose these security features to third parties other than in the context of the regular use of the Prepaid Card. Card Holder must never write down the PIN-number associated with the Prepaid Card and other security features of the Prepaid Card or associated with the Prepaid Card or otherwise make these security features visible to third parties. 4.4 IDTFS or the Service Provider will never ask the Customer or the Card Holder for the PIN-number. 4.5 The Prepaid Card is blocked when three (3) times a wrong PIN-number is keyed. 4.6 If the Prepaid Card has expired or if a stolen or lost Prepaid Card is found, it should be destroyed by cutting the Prepaid Card into pieces (such that the integrity or operation of the chip/magnetic strip applied to the Prepaid Card is lost). Article 5. Transactions 5.1 For each Transaction the Card Holder's authorisation is required. Card Holder provides authorisation using the personalised security features in the manner described in the Product Description. Once the authorisation is given for a Transaction, IDTFS can no longer block clearing and settlement of the payments to the Merchant. 5.2 IDTFS may assume that a Card Holder, as authorised by the Customer, has given consent to the Transaction and that the Transaction is authorised if: (a) the magnetic stripe on the Prepaid Card was swiped by a card reader or if the Prepaid Card is entered in a chip reader or kept against a (contactless) chip reader; or (b) the PIN-number, linked to the Prepaid Card, is entered in the acceptance system of the Merchant; or (c) relevant information was supplied to the Merchant that allows the Merchant to process a Transaction or to initiate a payment transaction, e.g. by providing the CVC/CVV-code to the Merchant in case of an internet transaction or another transaction without physical presence of the payer and beneficiary of the payment. 5.3 In principle, authorisation of a transaction is passed to IDTFS by means of the electronic message traffic through the VISA-network. The procedure of authorising the Transaction by the Card Holder also includes a verification of the Available Balance. If there is no sufficient Available Balance for a Transaction, the Transaction Page 4 of 9

5 will not be executed. If the Transaction, absent sufficient Available Balance, is nevertheless settled resulting in a payment to the Merchant, this will generally mean that no formal authorisation process has taken place. In such cases IDTFS will endeavour to cancel the relevant Transaction and/or cause the Merchant to repay if the Transaction has resulted into settlement of cleared funds to the benefit of the Merchant, unless there is abuse of the Prepaid Card by the Card Holder or there is loss or theft of the Prepaid Card and/or personalised security and that loss or theft is not reported complying with Article 7 of these Card Conditions by the Customer and/or the Card Holder. In cases where the amount of the Transaction cannot be collected from the Merchant in cases of abuse of the Prepaid Card, loss or theft of the Prepaid Card and/or the personalised security and that loss or theft is not reported in line with Article 7 of these Card Conditions by the Customer and/or the Card Holder, the Customer is without limitation liable for the damage suffered by IDTFS. 5.4 Service Provider will carefully investigate every notification regarding an unauthorised Transaction acting on behalf of IDTFS. 5.5 IDTFS and Service Provider shall at all times be entitled to block a Transaction authorised by a Card Holder. Blocking can take place in any case, based on: (a) the safety of the Prepaid Card; (b) the presumption of non-permitted or fraudulent use of the Prepaid Card; (c) if the use of the Prepaid Card(s) and related services is unlawful, illegal or nonpermitted; (d) the risk that the Customer is not able to meet its payment obligation arising from the use of the Prepaid Card(s) or neglects to supplement the Available Balance in a timely manner; (e) in case of termination of the Agreement, whether or not prior to its maturity, and the subsequent blocking of the Prepaid Card(s) as referred to in Article 3.5 of these Card Conditions; (f) the suspicion that the Customer breaches the terms and conditions of the Agreement; (g) the suspicion that the Card Holder breaches the terms and conditions of the Agreement and/or these Card Conditions as entered into by the Customer and the Card Holder in accordance with article 2.3 of the Card Conditions. IDTFS and Service Provider will inform the Card Holder and the Customer as soon as possible about the blocking of the Prepaid Card and the reasons for it, unless that it is contrary to objectively justified security reasons or is prohibited under other applicable laws. Article 6. Available Balance 6.1 The Available Balance must always be higher than or equal to the agreed minimum amount. If the Available Balance falls below the agreed minimum amount, the Available Balance will be automatically topped up by direct debit from the bank account agreed with the Customer. The Customer hereby authorizes IDTFS and the Service Provider to set up a direct debit mandate by enclosing a completed direct debit mandate form attached to the Card Terms and Conditions and shall also ensure that sufficient funds are always available in the bank account from which the Available Balance is to be topped up. In the event of a direct debit payment failing due to insufficient funds, the Customer shall be charged an administration fee of 5 (without prejudice to the collection of any damages incurred on behalf of IDTFS). 6.2 IDTFS is entitled to set off any amount which is owed by the Customer to it, due to a negative balance on a Prepaid Card issued to a Card Holder with a positive balance on a Prepaid Card that is issued to another Card Holder. 6.3 IDTFS pays no interest on the Available Balance. Available Balance is not regarded as an interest-bearing deposit held at IDTFS. 6.4 The amount of each Transaction and the associated costs is immediately deducted from the Available Balance. Page 5 of 9

6 6.5 If the Customer believes that an unauthorised or erroneous payment has been charged against the Available Balance, for which he or she is entitled to seek recompense from IDTFS, he/she should immediately, and no later than the term as set forth in the rules of the relevant direct debit product, notify the Service Provider of the relevant direct debit transaction. If the Customer fails to meet the previous obligation to notify within the deadlines imposed, the right to any refund of unauthorised or incorrectly executed payments shall expire irrevocably. IDTFS has the right, during the period by which the Customer can make use of his refund rights, to reserve the amount of the transaction and not to add it to the Available Balance, even if that means that Transactions cannot be performed with the Prepaid Cards. 6.6 The Available Balance represents the value of the electronic money in circulation via the Prepaid Card by the Card Holders(s) that on behalf of the Customer can be used as payment means. The claim of the Customer to convert electronic money pursuant to article 7:521a Dutch Civil Code decreases proportionally after using the electronic money by the Card Holder as a result of Transactions. 6.7 Upon termination of the Agreement, the Customer is entitled to the conversion claim as referred to in article 7:521a Dutch Civil Code for the sum of the Available Balance then outstanding on the Electronic Money Offset Account. The amount of the claim by the Customer, with exclusion of all other means, is proven by the records of the bank where the Electronic Money Offset Account is maintained. 6.8 IDTFS has the right to suspend the payment to the Customer as a result of the claims under Article 6.6 of these Card Conditions with a maximum period of three (3) months for processing of Transactions to be set off from the Available Balance. 6.9 If the Agreement is terminated prior to its maturity date, regardless of who takes the initiative to do so, IDTFS can charge a fee to the Customer for administrative settlement of the termination of the Agreement and the reimbursements referred to in article 6.6 of these Card Conditions. This fee may be set off against the balance of the amount to be paid out to the Customer as a result of the conversion right as referred to in article 6.6 of these Card Conditions. Article 7. Loss, theft or damage to the Prepaid Card 7.1 The Customer and/or Card Holder informs Service Provider without undue delay by telephone of the (presumed) loss, theft or unlawful or non-authorised use of the Prepaid Card or the personalised security features. The Prepaid Card will then be blocked as soon as possible to make further use impossible. 7.2 The Customer and Card Holder are obliged to provide all details in writing as soon as possible about the loss, theft or misuse of the Prepaid Card and to provide all necessary cooperation with an investigation conducted by IDTFS, the Service Provider or the police. Article 8. Fees For the use of the Prepaid Cards and related services, the Customer owes the fees listed in the Product Description and on the website of Service Provider. These will be, on the due dates, deducted from the Available Balance, except the initial one-off card contribution that is debited directly from the bank account of the Customer. Article 9. Management of the Prepaid Card Card Holders can monitor their use of the Prepaid Card, the Available Balance allocated to the Prepaid Card and summaries of the Transactions at all times by logging in to their personal login page. Card Holder should keep all access codes for their personal login page secret at all times and not disclose these to third parties. Card Holder will not allow third parties to use their personal login page. Page 6 of 9

7 Article 10. Personal Data 10.1 Pursuant to the performance of the Agreement, IDTFS and the Service Provider (as processor of IDTFS) will process the personal data of the Card Holders. IDTFS and the Service Provider will perform this process in a careful manner and in compliance with all applicable laws and regulations and codes of conduct. The processing of personal data takes place for the following purposes: (a) review and acceptance of (potential) Card Holder, executing the applications for these (potential) Card Holders and the settlement of payments; (b) conducting analyses of personal data for statistical and scientific purposes; (c) ensuring the security and integrity of the financial sector, including detecting, identifying, combating and preventing (attempts to) (criminal or undesirable) behaviours against IDTFS, Services Provider, their services, customers and employees, and the use of and participation in early warning systems; (d) comply with legal requirements; (e) manage the relationship with the Card Holder By requesting the issue of a Prepaid Card, the Customer agrees, to the extent required, to the processing by IDTFS (if applicable) and the Service Provider of his personal data in the manner set out in this article and the Customer shall furthermore ensure, to the extent required, the provision of a consent by the Card Holders to IDTFS and to the Service Provider for processing the data of the Card Holder The Customer has the right to request monitoring, correcting or withdrawing, free of charge, the personal data registered by IDTFS (through intervention of the Service Provider). The Customer can submit a request to the Service Provider's customer service to that effect. This requirement shall apply accordingly insofar as the Card Holders are concerned, with the understanding that the requests always should be made via the Customer to IDTFS At the request of the Customer, IDTFS can send promotional messages by or SMS. The Customer is responsible for providing the requests by Card Holders to IDTFS for sending such promotional messages directly to Card Holders. Article 11. Limitation of liability 11.1 IDTFS does not participate in the Dutch deposit guarantee scheme nor does IDTFS consider the electronic money on the Prepaid Cards as a deposit within the meaning of the deposit guarantee scheme of Gibraltar. The Customer nor the Card Holders can therefore claim under a deposit guarantee scheme in any jurisdiction Without prejudice to the previous, IDTFS is not liable for damages suffered by the Customer, unless such damage is caused by an attributable failure in the fulfilment of the Agreement by IDTFS, in which case IDTFS will only be liable for direct damages. The total liability of IDTFS never amounts to more than the total fees that the Customer during a period of 6 (six) months preceding the event from which liability results, has paid to IDTFS for use of the Prepaid Cards with a maximum amount of EUR 5,000, 00 (five thousand euros) per event, in which a sequence of events is considered as a single event Direct damage is exclusively: a) material damage to property; b) reasonable costs incurred to prevent or limit direct damages, as a result of the event giving rise to liability, could be expected; c) reasonable costs incurred determining the cause of damage, liability, the direct damage and the manner of recovery Any liability of IDTFS for indirect damages, including but not limited to consequential damages, lost profits and loss of revenues, missed savings, losses and costs incurred to preventing or determining of consequential damages, is excluded. Page 7 of 9

8 11.5 Notwithstanding the foregoing, IDTFS's total liability for damages by death or personal injury will in no case exceed EUR 100, (one hundred thousand euro) per event, in which a sequence of events is considered as a single event The clauses in this provision restricting liability shall, where applicable, also apply in the relationship between the Customer and the Service Provider, the Card Holder(s) and to the extent that there is a third-party clause created in favour of the Service Provider, this clause is explicitly accepted by her. Article 12. Customer service and complaints 12.1 If the Customer and/or Card Holder is not satisfied with any element of the service he receives, any complaints should be made to the customer services team of the Service Provider using the contact details: telephone : ; servicedesk@xximo.nl; writing : XXImo BV, Postbus 2415, 5202 CK s-hertogenbosch. Calls may be monitored or recorded for training purposes The Service Provider does everything it can to make sure the Customer and/or Card Holder receive the best possible service. However, if the Customer and/or Card Holder is not happy with how his complaint has been managed by the customer care team of the Service provider and wishes to escalate his complaint, he should contact the Card Issuer, IDT Financial Services Limited, PO Box 1374, 1 Montarik Building, 3 Bedlam Court, Gibraltar, address: complaints@idtfinance.com, web in the first instance for further assistance If IDT Financial Services Limited is unable to resolve the Customer s and/or Card Holder s complaint and the Customer and/or Card Holder remains unhappy, he may contact the Gibraltar Financial Services Commission, PO Box 940, Suite 3, Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar, psdcomplaints@fsc.gi, web Article 13. Duration and termination of the Agreement 13.1 The Agreement is concluded for the period agreed between the parties, in the absence of which a period of one (1) year shall apply. Thereafter, the Agreement shall automatically be renewed for a period of 1 (one) year, unless the Agreement by one of the parties in writing no later than 2 (two) months before the end of the applicable period is terminated Each party is entitled to dissolve the Agreement outside of court if the other party fails imputably to fulfil essential obligations under the Agreement and such failure, after proper notice in writing to comply, is not resolved within a reasonable time IDTFS is entitled to terminate the Agreement with immediate effect, without any further notice of default required and without she will liable for damages towards the Customer, if the Customer s provisional or definitive suspension of payment is granted, a debt restructuring arrangement against the Customer is pronounced, the bankruptcy of the Customer is requested, a seizure on (part of) the goods of the Customer is made or if the Customer s business is wound up or terminated. This is without prejudice to the right of IDTFS to any compensation for damages suffered due to the early termination of the Agreement Termination of the Agreement does not relieve the Customer of any payment obligations in respect of issued Prepaid Cards and services by IDTFS. Amounts which IDTFS has invoiced before the termination, for services performing its obligations under the Agreement, will be immediately due and payable on the date of termination. Article 14. Final Provisions If any clause in the Agreement is void or is annulled, the other terms of the Agreement continue to apply in full. Page 8 of 9

9 14.2. The Agreement (including these Card Conditions) can be amended by IDTFS. The amendments can be notified to the Customer via the Website or otherwise. If the Customer does not wish to accept the amendments, he is entitled to terminate the Agreement in writing, with a notice to be sent no later than 30 days after the announcement of the amendment of the terms and conditions of the Agreement The offers, agreements and other legal acts relating to delivery of services by IDTFS shall be governed by Dutch law Disputes between IDTFS and the Customer arising from or relating to the offers, agreements and other legal acts concerning delivery of services by IDTFS shall exclusively resolved by the competent court in the District of 's-hertogenbosch. Attachment Direct debit mandate Page 9 of 9