MONAVATE CONSUMER PREPAID CARD TERMS WITH STORED VALUE
INTRODUCTION
This agreement contains the terms on which we provide the services to you.
Please read this agreement in full before you start using the services; it contains important information about us, the services we will provide to you, the circumstances under which this agreement may be changed or ended, what to do and how to access help from us in the event there is a problem as well as other relevant information.
Please contact us link if wish to discuss.
This agreement refers to other documents that apply to the use of the services as follows:
These additional documents are not part of the framework contract.
By starting to use the services (including, for example, downloading the app, logging into your card account, loading your card account or using the card to transact) you confirm that you accept and agree to this agreement (including any updates to this agreement and the other documents referred to above).
WHO WE ARE AND HOW TO CONTACT US
Our company information
Monavate Limited is a company incorporated under the laws of England and Wales with registered
company number 12472532. Our registered address is The Officers Mess Business Centre Royston Road Duxford,
Cambridge, CB22 4QH ("Monavate", “us”, “we”, “our”, as applicable in the context).
We are authorised by the FCA
Monavate Limited is authorised by the Financial Conduct Authority (“FCA”) (registration number 901097)
to issue electronic money and provide payment services.
How to contact us
You can contact us:
By phone: 01223 626 580
By email: [email protected]
By writing to:
- Monavate Cambridge
- The Officers' Mess
- Royston Road
- Duxford
- Cambridge
- CB22 4QH
- By instant messaging / chat: When logged into your Card Account.
GLOSSARY
Card means the payment card issued by us to you.
Card Account means the personal log in area of our website where you can view a list of transactions you have made using the Card as well as other information.
Framework Contract means a contract for payment services which governs the future execution of individual and successive payment transactions and which may contain the obligation and conditions for setting up a payment account as defined in the UK Payment Services Regulations 2017
Funding Source means a payment instrument (such as a debit card or bank account) that you can link to your Card Account by entering its credentials and subsequently use for Top-Ups from time to time
Services means the Card, Card Account and other services provided by us to you in connection with the Card.
Supported Currenciesmeans those foreign currencies that we support and can be loaded onto a Card for spending.
Top-Up means loading “topping up” your Card with funds.
GETTING STARTED
Eligibility:In order to be eligible to use our Services, you must be at least 18 years old. In order to start using our Services, you must apply for a Card and provide the relevant details about yourself when prompted.
Verification:We are required by law to verify certain details about you. We will not issue the Card or open a Card Account until we have verified your identity and performed such other checks as we may in our discretion deem appropriate.
The information you provide must be accurate The information you provide to us must be accurate, complete and truthful at all times. If your personal information changes, then you must update the information we hold about you. We may require additional information from you from time to time and you must cooperate by providing such information upon request.
Electronic checks with third parties: We may share information which we receive from you with other associated organisations or carry out checks on you electronically as is necessary for the purposes of providing the Card. When we perform electronic checks, we may disclose personal data about you to fraud prevention and credit reference agencies who may keep a record of that information. By applying for the Card, you agree to certain personal data about you being passed to such agencies for this purpose. You have the right of access to the personal records held by such fraud prevention agencies. We will supply the names and addresses of the agencies we use upon written request.
You must comply with laws applicable to you at all times. You must comply with laws applicable to you at all times. This means when you must comply with all laws applicable to you during time in which you are applying with us for the Card, throughout the term of this Agreement and for as long as we hold a balance of funds for you after this Agreement ends.
ABOUT THE CARD
Description The Card is issued by us – Movavate Limited. Please see our company’s details in section 2 (Who we are and how to contact us). The Card is a payment card that can be used for online and in-store purchases worldwide at merchants who accept Mastercard/Visa payment cards as a form of payment for goods and services.The Card is not a credit card or a charge card, nor is it a debit card linked to a current account, no interest is payable to you on the balance and the funds loaded onto the Card do not amount to a deposit with us.To use the Card for purchases, you must first load the Card with funds (please see section 5.2).Once loaded with funds, you may use the Card to pay for goods and services. Each time you use the Card, the balance of funds loaded onto the Card will be reduced by the amount of the purchase plus any applicable fees.In addition to GBP, you may load your Card with funds in different Supported Currencies. We do not support all foreign currencies. Please see the list of on website LINK for those currencies that we do support. Please note that the funds held loaded onto your Card are NOT protected by the Financial Services Compensation Scheme; however, we follow the requirements of the Electronic Money Regulations 2011 which are designed to ensure the safety of funds held on accounts such as this.
WHAT HAPPENS IN CASES WHERE THERE ARE INSUFFICIENT FUNDS ON MY CARD?
If you attempt to pay for a purchase using the Card and you have an insufficient balance of funds loaded onto the Card to pay for that purchase, the payment will be declined. You must have a sufficient balance of funds loaded onto your Card in order to pay for a purchase. The balance of funds held on your Card must not be negative. If you attempt to pay for a purchase using the Card in a particular currency and you do not hold a sufficient balance of that currency on your Card or the purchase otherwise anticipates a currency that we do not support, the payment will be automatically processed using another currency that you do hold on your Card and a currency conversion rate will be applied (please see section 9.3 for currency conversion rates). If you do not hold a balance in another currency upon which to draw funds to cover a payment, your payment will be declined.
LOADING FUNDS ONTO YOUR CARD WITH TOP-UP
Top-Up: You can load funds onto your Card to use for spending by linking a Funding Source to your Card. You can link a Funding Source to your Card by entering the Funding Source’s credentials in the relevant area of the Card Account. You may link up to two (2) debit or one (1) bank account to your Card as a Funding Source to load funds onto your Card. You must have no less than one (1) valid Funding Source linked to your Card at all times; payments using the Card may be declined if you do not have a valid Funding Source linked to the Card. In order to Top-Up your Card using your Funding Source, you must follow the applicable steps in the Card account.
When we receive a payment from your Funding Source, we may hold the funds for so long as we determine that there is no risk that the issuer of the Funding Source (i.e. your card-issuing or account-issuing bank) may reverse the transfer due to there being insufficient funds in your bank account.
In order to ensure you receive good outcomes from your use of our Services, we may limit the Funding Sources available for a transaction. If we limit a Funding Source, we will alert you that there is a higher-than-normal level of risk associated with the payment (for example, a risk that the payment may be challenged for some reason). If we contact you for this reason, we are not asserting that you or the merchant who you seek to pay is acting in a dishonest or fraudulent manner. It means that we consider there may be a higher-than-normal risk associated with the payment and we are investigating to ensure you receive a good outcome, in as far as possible.
USE OF THE CARD
How to authorise a payment
You will need to authorise a transaction before we may charge it to your Card. To do this, you will need to use the Card or the Card number. You may need to take additional steps to authorise a transaction at the time you are paying, for example, you may need to enter details on a merchant’s online payment page, tap your Card at the point of sale in-store or enter your PIN on the key pad. Depending on the circumstances, you may be required to undergo some further security checks at the time such as providing biometric data (e.g. a fingerprint).
If the Card, card number and PIN, biometric data or other security details have been used, we will assume you have authorised the transaction. You must therefore tell us immediately if you do not recognise a transaction that has been charged to your Card and is listed as a transaction in your Card Account.
You cannot cancel a transaction after it has been authorised. You can, however, cancel payments that you have authorised to be made on a future date, for example, if you have set up a recurring payment. You can cancel the payment permitting you contact us LINK by the end of the business day before the day the payment is due to be made.
SITUATIONS WHERE WE MAY REFUSE TO AUTHORISE A TRANSACTION
There are certain situations in which we may refuse to authorise a transaction and/or where we may suspend your use of your Card and/or the Card Account. These situations are:
if legal or regulatory requirements prevent us from making the payment or mean that we need to carry out further checks;
if you have infringed this Agreement in a way that we reasonably believe justifies our refusing or delaying your payment;
if we believe that processing your transaction would break this Agreement or that you have not provided all the information we need to make the payment properly;
if the amount is over, or would take you over, any limit that applies to your Card. See limits here LINK
if there are not enough funds loaded onto your Card to make the payment and cover any fees;
if a bankruptcy order is made against you or you have entered into an individual voluntary arrangement with your creditors;
if, even after doing everything reasonably possible, we will not be able to make the payment on time;
if a third party prevents us from making the payment (for example, a card scheme);
if you owe us money;
if we have asked you for important information we reasonably need and you have not given us that information; or
if we have suspended your account.
Time we will receive the payment order
If your payment order is received by us after 4pm on a business day or not on a business day, your payment order will be deemed received on the following business day.
EXECUTION TIMES
Within the EEA and UK, we will execute any transaction:
in euro;
executed wholly in the UK in sterling; or
involving only one currency conversion between the euro and sterling, provided that:
the required currency conversion is carried out in the UK; 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 payee by the end of the next business day following the receipt of the payment order.
Any other transactions within the UK will be executed no later than four business days following the receipt of the payment order.
If the payment service provider of the merchant is located outside the EEA, we will execute the transaction as soon as possible.
LIMITS PLACED ON THE CARD
There may be limits on the amount of funds you can load on to the Card. We may also place limits on using the Card for purchases above a certain amount, from time to time. For further information relating to the limits placed on the Card, you can view our website LINK.
ACCOUNTING FOR SERVICE CHARGES OR TIPS
When using the Card at certain merchants (such as, for example, hotels or car rentals), an additional amount (typically 10%-20%) may be added to anticipated service charges or tips, temporarily reducing the balance on the Card. This is to ensure there are sufficient funds available to cover the final cost of the transaction and to reduce the risk of a negative balance arising on the Card. If your actual service charge or tip is less than the additional amount added, it may take up to seven (7) days from the date of the transaction before the difference is available to spend. Only the actual amount of the final bill agreed between you and the merchant will be deducted from the Card.
SHORTFALL
In the unlikely event, a transaction is completed when there are insufficient funds on the Card for that transaction (a "Shortfall"), the Shortfall shall be reimbursed by you unless it is due to an error on the part of the Merchant where the Card was presented, in this circumstance we may seek the Shortfall from the Merchant. You agree that once we make this Shortfall known to you, we may charge you for the Shortfall amount and deduct the amount from the balance of funds loaded onto the Card or from your linked Funding Source. We may also charge the amount of the Shortfall from any other Cards that you hold with us, or any other payment method which you may designate at that time, or against any funds which you may subsequently load onto the Card. Until we are reimbursed the Shortfall amount, we may suspend the Card. In addition, we reserve the right to charge you an administration fee for each transaction that you make using the Card that results in a Shortfall or increases the Shortfall amount on the Card.
EXPIRY
You may only use your Card up until the expiry date which is printed on the front of the physical Card or otherwise shown in the Card Account. We will aim to send you a new Card prior to your Card expiring; we may ask you to confirm some details prior to our sending you a new Card.
Fees may apply in certain cases where we send you a new Card. Please see the fees set out on our website LINK.
If you do not want your Card to be renewed, you can let it expire without ordering a replacement. Your Card will be deactivated and you will not be able to use it after its expiry. You should withdraw the funds loaded onto your Card prior to expiry or within a short timeframe thereafter. Please see section 8 for how to withdraw funds loaded on to your Card.
WITHDRAWING FUNDS LOADED ONTO YOUR CARD
How to withdraw the funds loaded on to your Card
You may withdraw funds loaded onto your Card by first logging into the Card Account and following the relevant prompts on the screen. You may only withdraw the balance of the funds loaded onto the Card at any point in time minus the total amount of any pending transactions.
YOU MAY ONLY WITHDRAW FUNDS TO A UK BANK ACCOUNT HELD IN YOUR NAME
You can transfer the balance by bank transfer to your nominated UK bank account which will be processed within fifteen (15) working days of request to allow any outstanding transactions to clear. If you withdraw funds to your bank account that are not in the nominated currency of your bank account, your bank may apply their own exchange rate to convert the funds into the currency of your bank account. For example, if you withdraw EUR funds from your Card to your UK bank account denominated in GBP, your bank may convert the EUR funds to GBP at the rate they offer.
FEES WILL APPLY TO WITHDRAWING FUNDS
You may be charged a fee for withdrawing funds. Please see the fees page on our website LINK.
WITHDRAWING ALL FUNDS WILL NOT MEAN THAT YOUR CARD IS CLOSED
Withdrawing all of your funds from your Card does not automatically close the Card, the Card Account or otherwise end this Agreement. If you would like to end this Agreement, you must follow the steps in section 16 (closing your Card and ending this Agreement).
HOW MUCH WILL YOU PAY
Fees: You must pay the fees in connection with your use of the Services. We will not process your payment until we have received the relevant fees from you. You can see all fees applicable to you on our website LINK.
Interest: The funds loaded on to your Card will not earn any interest.
Exchange rates: You may hold balances of funds in different currencies in your Card Account. If you are making a payment or withdrawing funds using the Card in a currency you hold in the Card Account, the payment will be made from that balance. If you use your Card to make a payment or withdrawal funds in a currency you do not hold in your Card Account, we will convert the amount applying the relevant rate and a fee to the balance or currency that you do hold. We will use the relevant exchange rate published by Mastercard or Visa. We will also apply our margin which is available on the fees pages of our website LINK. Any change in the relevant exchange rate will be applied immediately and without notice to you. We may also change our exchange rate provider at our discretion, without notice to you.
COMMUNICATING WITH YOU
How we will contact youWe may contact you by telephone, letter, SMS or email using the details that you have provided in the Card Account. You must keep your contact details in the Card Account up-to-date at all times.
LanguageWe will communicate with you in English.
Your right to receive a copy of this Agreement:A copy of this Agreement is always available in a form to download on our website. Please visit LINK. Alternatively, please contact us LINK if you need assistance in obtaining a copy.
keep your Card, Card number, CCV, login codes and other security features used to access the Services strictly to yourself; do not share your security credentials to access the Services with any other person or otherwise allow another person to use the Services;
not permit any other person to use your Card;
make sure all your devices are properly protected (set at least one form of access protection, for example a login code);
keep the operating systems of your devices clean (no illegal software) and up-to-date;
frequently review the list of transactions in your Card Account to confirm they are as expected as per your spending;
inform yourself about common scams, such as phishing;
always immediately report irregularities by contacting us LINK and follow our instructions.
How to notify us if there is a problem
If you lose your Card details or if they are stolen, or you suspect that the Card has been used by someone other than you, you must tell us immediately by contacting us on our contact details available here LINK, so we can block your Card and/ or access to your Card Account. If possible, you must also log into your Card Account and suspend your Card.
Please note that we may require you to provide some information in relation to the Card’s being lost, theft or misuse in writing. You must assist us (as well as the police) with any related enquiries.
HOW WE WILL CONTACT YOU IF THERE IS A PROBLEM
In the event we suspect there is an issue with the Card (for example, such as fraud or security threats) we will contact you, in the first instance, by phone. If we cannot get through to you by phone, we will send you an email.
For this reason, you must maintain a current phone number and email address in your Card Account at all times.
Unauthorised or incorrectly executed transactions
In case of an unauthorised payment or where we have incorrectly executed a transaction, upon your request, we will, without delay, refund to you the amount of the transaction including all fees that we have charged for that particular transaction. You will not be entitled to a refund under this section
(a) where your Card, or the personalised security features used to access your Card Account, are lost, stolen or misappropriated. You will be liable for the first GBP 35 of any unauthorised payments if we believe you should have been aware of the loss, theft or unauthorised use. We will not hold you liable for the first GBP 35 if the unauthorised payment was caused either by our acts or omissions, or those of a third party expressly carrying out activities on our behalf.
Your liability for the first GBP 35 also does not apply to any unauthorised transactions made after you have notified us that the security of your Card or Card Account has been compromised.
(b) if you have acted fraudulently, in which case we will not refund you in any circumstances;
(c) if the payment transaction was unauthorised but you have with intent or gross negligence compromised the security of your Card or Card Account or otherwise failed to comply with your obligations to use your Card or Card Account on the terms of this Agreement. In such a case you shall be solely liable for all losses; or
(d) if you do not let us know about the unauthorised or incorrectly completed transaction without undue delay, and in any event, no later than 13 months from the date of the payment transaction.
REFUNDS
You may claim a refund for a transaction that you authorised provided that:
your authorisation did not specify the exact amount when you consented to the transaction;
the amount of the transaction exceeded the amount that you could reasonably have expected it to be (taking into account your previous spending pattern on the account, this Agreement and the circumstances of this case);
you requested a refund from us by contact us LINK within 8 weeks of the date the transaction took place.
When you request a refund under this section, we may require you to provide us with evidence to substantiate your claim. We will refund you within 10 business days of receiving your claim for a refund or, where applicable, within 10 business days of receiving any further information we requested - or we will provide you with reasons for refusing the refund. The refund shall be equal to the amount of the relevant transaction.
OUR RIGHT TO MAKE CHANGES TO THE AGREEMENT
We may, at our discretion, amend the Agreement at any time (including amendments and additions to our fees).
Changes that we may make immediately: In certain exceptional circumstances such as where:
we have a reasonable belief that fraud is likely to or has occurred; or
the amendments are made in order to comply with any regulation,
we may make such amendments immediately and notify you following such amendments.
Changes we may make upon notice to you: Other than for immediate changes as set out above, if we wish to make a change to this Agreement, we will provide you with at least two (2) months’ notice in writing, via email.
If you do not agree to our proposed changes, you have a right to terminate the Agreement immediately free of charge. If you do not notify us of any disagreement with the proposed changes, we may assume you have accepted the changes to the Agreement on the date the change comes into force.
OUR RIGHT TO SUSPEND ACCESS TO THE SERVICES AND/OR CLOSE THE CARD AND CARD ACCOUNT
We may close your Card and Card Account or otherwise suspend access to the Services immediately in the following circumstances:
if we consider, acting reasonably, that you are behaving fraudulently or otherwise criminally;
if you have not given us any information we have requested from you, or we have good reason to believe that information you have provided is incorrect or not true;
if you have broken this Agreement in a serious or persistent way and you have refrained from putting the matter right within a reasonable time of us asking you to do so;
if we have good reason to believe that you continuing to use your Card and/or Card Account could damage our reputation or goodwill;
if we have asked you to repay money you owe us and you have not done so within a reasonable period of time;
if you have been declared bankrupt; or
if we have to do so under any law, regulation, court order or the FCA or FOS’s instructions.
CLOSING YOUR CARD AND ENDING THIS AGREEMENT
You may close your Card and end this Agreement at any time. You may close your Card and end this Agreement at any time. You may do this my contacting us LINK. You only need to inform us at the time; you do not need to give us any prior notice.
You must withdraw your funds from your Card within a reasonable timeframe following notifying us of your intention to close your Card by following the steps as to how to withdraw the funds loaded onto your Card as set out in section 8. After a certain period of time, you may no longer have access to your Card Account in order to follow the steps to withdraw the funds remaining on your Card after closure. You may still, however, withdraw this money for up to six (6) years following the date you close your Card.
We may charge a fee if you end this Agreement, if this Agreement has been in place for less than six months.
REDEEMING THE FUNDS HELD IN YOUR CARD ACCOUNT
If you have funds loaded onto your Card after this Agreement has ended, you may withdraw these funds for up to six (6) years following the date the Agreement ends.
If there are still funds loaded onto your Card 12 months following the end of this Agreement, we will start deducting a fee from the balance of the funds loaded onto your Card that will cover our costs in order to maintain this balance for you until such time as you redeem your funds.
If you wish to redeem your funds after this Agreement has ended and you no longer have access to your Card Account, please contact us LINK so we can help.
If you request to redeem your funds after this Agreement ends, we may need to carry out some checks prior to sending the funds to you. We may therefore ask you to provide some information to us at this time, such as identity documents and so on.
We may charge you a fee for redeeming your funds loaded onto your Card if you request to redeem those funds whilst this Agreement is in place or where you request redemption of the funds loaded onto your Card more than 12 months after this Agreement has ended.
LIABILITY
If we do not reasonably meet our commitments to you under the terms of this Agreement, we are only responsible for loss you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.
We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
The Card is a consumer product; accordingly, if you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
LAW GOVERNING THIS AGREEMENT AND JURISDICTION
The law governing this Agreement is the law of England and Wales. The courts of England and Wales have jurisdiction to adjudicate any dispute between you and us in connection with this Agreement.
DISPUTE RESOLUTION
If you are not satisfied with the service you receive from us you should contact us LINK. Correspondence may be monitored or recorded. Our complaints procedure is available on our website or upon requesting from us LINK and, if we receive a complaint from you, a copy of our complaints procedure will automatically be sent to you.
We will look into your case as quickly as possible. We aim to acknowledge your complaint within 24 hours and send you a final response within 15 business days. In rare occasions, we may need to extend the deadline by a further 20 business days to investigate your case in detail.
If, having exhausted the complaints procedure above, you remain unhappy, you may complain to the Financial Ombudsman Service (FOS) on the following contact details:
Online: ⦁ www.financial-ombudsman.org.uk
Email: ⦁ [email protected]
Mail: The Financial Ombudsman Service Exchange Tower, London, E14 9SR
Phone: 0800 023 4 567 (free), 0300 123 9 123, weekdays from 8:00am–8:00pm (GMT), and on Saturday from 9:00am–1:00pm (GMT)
If you are not in the UK, call +44 20 7964 0500.
DATA PROTECTION
We need to collect information about you to provide you with the Services under this Agreement. For information on how we use your personal data, please refer to our privacy notice LINK.
By entering into this Agreement, you acknowledge and agree that we may collect, process and store your personal information for the purposes of providing our Services to you. This does not affect any rights and obligations you or we have under data protection law
OTHER LEGAL TERMS
We may transfer this Agreement to someone else
We may assign or otherwise transfer any of our rights and obligations under the Agreement, without your prior consent, to any other person or business, subject to such party continuing the obligations in the Agreement to you.
Third parties
This Agreement is between you and us only. Except for any party to whom we transfer this Agreement (under section 22.1), nothing in the Agreement gives any third party any benefit or right (including any enforcement right).