Terms and Conditions
LAST UPDATED APRIL 2008
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACTIVATE YOUR CARD. THIS INFORMATION FORMS THE TERMS AND CONDITIONS OF YOUR OPTIMUM PREPAID MASTERCARD®. BY ACTIVATING YOUR CARD YOU ACCEPT THE TERMS AND CONDITIONS AND YOU UNDERSTAND AND ACCEPT THE RISKS HIGHLIGHTED IN PARAGRAPH 2.2 AND 18.4 OF THIS AGREEMENT. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH, PLEASE CONTACT CUSTOMER SERVICES USING THE CONTACT DETAILS AT PARAGRAPH 20 OF THIS AGREEMENT. IF YOU ARE UNDER 18, WE RECOMMEND THAT YOU SPEAK TO YOUR PARENT OR GUARDIAN IF YOU NEED HELP.
1. DEFINITIONS
‘360money e-voucher’ - A paper voucher bought at any PayPoint outlet, which is loaded with the amount of money credited to it.
‘Account’ - The electronic account associated with your Card.
‘Account Number’ - This is your unique personal account number, and is found on the back of 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 Cirrus® and/or MasterCard® acceptance marks.
‘Card’ - Any 360money prepaid card issued to you under this Agreement.
‘Card Number’ - The card number on the front of your Card.
‘Cardholder’ - You, the person entering into this Agreement with us.
‘Customer Services’ - The contact centre for dealing with queries and requests for services in relation to your Card. Contact details for Customer Services can be found in paragraph 20. Calls to Customer Services are charged at premium rate.
‘e-money’ - The electronic money associated with your Card.
‘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.
‘PayPoint’ - A retail network provider of cash collection services displaying the PayPoint logo.
‘PIN’ - Personal identification number for use with the Card.
‘Post Office®’ - A retail network provider of cash collection services displaying the Post Office® logo.
‘Restricted Card’ – has the meaning given to it in paragraph 3.4
‘Transaction’ - A retail sale, a cash advance or an ATM cash withdrawal completed by you using your Card.
‘we’, ‘us’ or ‘our’ - PrePay Technologies Limited, a company registered in England and Wales with number 04008083 who can be contacted at PO BOX 5381, London, W1A 7EY. PrePay Technologies Limited is authorised and regulated by the Financial Services Authority to issue e-money and is registered in the Financial Services Register with registration number 219619.
‘Website’ - www.myoptimumcard.co.uk website address allowing you to access your personal Card information.
‘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 on our behalf by Clydesdale Bank PLC in accordance with a licence from MasterCard International Incorporated or its affiliates. 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 Customer Services. The e-money associated with this Card is provided to you by us, and will be denominated in Pounds Sterling. In the unlikely event that we become insolvent, the e-money on your Card may lose its value and become unusable, and accordingly you may lose your e-money. The Card remains the property of Clydesdale Bank PLC.
2.3 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. PURCHASE, RECEIPT AND ACTIVATION OF CARDS
3.1 The application fee related to the Card is outlined at paragraph 11 of these terms and conditions.
3.2 You may only apply for a Card if you are a resident in the UK, and there is a limit of five Cards per household at any one time. As the applicant you are responsible for all additional cards issued under this agreement and any fees or charges that these cards may incur.
3.3 We will issue your Card to you on the basis of the information that you have provided. You agree to provide accurate personal information and to tell us of any changes as soon as possible so that our records remain correct. You should update any changes to your personal information by visiting the Website or calling Customer Services.
3.4 If we are unable to satisfactorily verify your identity from information provided by you at the time you apply for a Card we will issue you with a Restricted Card. There is a total spending limit of £1,600 per year (12 months starting on first Transaction) on Restricted Cards of which no more than £600 can be ATM withdrawals, a single debit transaction limit of £600 also applies. You are unable to top up a Restricted Card using a credit or debit card. We will contact you as your account approaches these limits and recommend that you upgrade your Card. If you are issued with a Restricted Card you will have the option to upgrade to a non-Restricted Card by providing satisfactory documentation as proof of identity and address (fees apply, see paragraph 11). If you do not upgrade your Card and you reach these spending limits, any further Card transactions will be declined.
3.5 Your Card will be posted to your home address, and will be loaded with any initial value that you credited to your Card when you applied for it. You should receive your Card within 10 business days of your application.
3.6 When you receive your Card, you must sign it immediately, and then call Customer Services to activate it. When you call Customer Services you will need to select the ‘Card Activation’ option from the menu. You will then be asked to quote your Card Number and the activation code which you will find on the letter that came with your Card. You will also be requested to provide us with some details to confirm your identity.
3.7 You may use your Card to make cash withdrawals subject to the limits in paragraph 3.4. You will need a PIN for ATM withdrawals and to authorise any retail sales transactions in the UK and in some countries abroad.
3.8 You will be given your PIN when you activate your Card. You should never reveal your PIN to anybody. We will not reveal your PIN to a third party. If you forget your PIN you can reset it by contacting Customer Services (fees apply, see paragraph 11).
3.9 You can change your PIN at ATM cash machines displaying the MasterCard® acceptance mark. When you change your PIN, you must not select a PIN that may be easily guessed, such as a number that:
3.9.1 is easily associated with you, such as your telephone number or birth date;
3.9.2 is part of data imprinted on the Card;
3.9.3 consists of the same digits or a sequence of running digits; or
3.9.4 is identical to the previously selected PIN.
4. USE OF CARDS
4.1 Your Card can be used at any Merchant (fees apply, see paragraph 11).
4.2 Subject to paragraph 3.4, Cards can be used to make cash withdrawals at ATMs bearing the Cirrus® or MasterCard® acceptance marks or at participating banks to make cash advance withdrawals (fees apply, see paragraph 11). You can withdraw up to £250 per day but some Merchants or ATMs may have lower limits. Please note that extra ATM fees in addition to those shown at paragraph 11 may be charged by certain ATM providers.
4.3 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’). The Full Deductible Amount must be less than or equal to the Available Balance on your Card. 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 us the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of receiving an invoice from us. Should you not repay this amount within 14 days of receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
4.4 You can check your balance for free by visiting the Website or calling UK 08454 700 145 (local rate number). If you wish to speak to a customer service representative, calls are charged at £1 per minute and you will need the permission of the bill payer before calling.
4.5 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:
4.5.1 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.
4.5.2 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.
4.5.3 Internet Merchants - Certain Internet merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify that 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.
4.5.4 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. 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.
4.5.5 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.
4.6 Self service petrol pumps - Your Card cannot be used at self service petrol pumps. You can use your Card to pay by taking it to the cashier.
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 of paragraph 15 of these terms and conditions. Where we do so, we will give you back your e-money in accordance with paragraph 7 of these terms and conditions (free of redemption fee charge).
4.9 For Cardholders under 18 years of age the following applies:
4.9.1 Before applying, any applicant under 18 years of age should obtain approval from a parent or guardian.
4.9.2 Cards must not be used for any purpose for which the minimum age is 18, for example gambling, adult entertainment and purchase of alcohol.
4.9.3 We will monitor activity on Cards issued to customers under 18 years of age. Any use of the Card which is considered to be unlawful may result in the Account being suspended in accordance with paragraph 15.2.3.
4.9.4 We reserve the right to request proof of age at any time. Failure to provide satisfactory proof of age may also result in the Account being suspended.
5. TOP UP OF YOUR CARD
5.1 You may top up your Card up to a maximum balance of £5,000 per Card.
5.2 You can top up your Card in the following ways:
5.2.1 Within any Post Office® or PayPoint outlet or any retailer participating in the 360money cash top up network (fees apply, see paragraph 11). Locations, rates and maximum and minimum top up amounts can be found on the Website. You will need to hand over your Card and your payment to the value you wish to top up. Your Card will either be swiped or scanned and the top up completed. Remember to get your receipt as this is your proof of purchase. The maximum per top up is £499.99 at PayPoint and £500 at the Post Office®; the minimum per top up is £5 at the Post Office® and £10 at PayPoint. Please note that top ups made at the Post Office® may take up to 3 days to reach your Account.
5.2.2 Using a 360money e-voucher. These can be purchased from PayPoint outlets. The maximum 360money e-voucher top up at any one PayPoint outlet is £100 and the minimum is £10.
5.2.3 Wage transfer, direct debit, standing order or bank transfer mandate. Forms and instructions are available on the Website. In certain circumstances we may ask you for identification for transfer requests above £600 before the funds are applied to your account. It may take up to 4 business days for funds to be available on your card (once cleared in our account).
5.2.4 If you have a non-Restricted Card, you can top up your Card online using a debit or a credit card to a maximum value of £500 per day (min. £20). Only one debit or credit card can be used to top-up your Account. You must have registered your debit or credit card with your bank to use this service. If you change details of your debit or credit card we may ask for additional time to approve your top up. The address of the debit or credit cardholder must match the address given when your Card was purchased. Debit or credit card top ups may take up to 2 business days to be available on your Card. Fees apply, see paragraph 11.
5.3 We reserve the right to suspend or terminate the right to top up your Card at anytime without notice.
6. CARD EXPIRY
6.1 The expiry date of your Card is printed on the front of the Card; your Card will expire 24 months from the date of application. You will not be able to use your Card if it has expired. If you would like to apply for a replacement Card please contact Customer Services (fees may apply, see paragraph 11). Alternatively you can request a refund of the Available Balance, made according to the provisions of paragraph 7.
6.2 No Transactions will be processed once your Card has expired.
6.3 If your Card has been used in the eight weeks prior to the expiry date, we’ll send a new Card free of charge to your registered address.
6.4 If your Card has not been used in the eight weeks prior to the expiry date, we’ll send you an email asking whether you would like to renew your Card or instead reclaim the outstanding Available Balance (if any).
6.4.1 If you opt to have your Card renewed, you’ll be issued a new Card (fees apply, see paragraph 11).
6.4.2 If you tell us you do not want your Card renewed we will close your Account on the expiry date. If there is an outstanding Available Balance on the Card at expiry, this will be sent to your registered address by cheque within 30 days of the closure of your Account (subject to paragraph 6.5).
6.4.3 If you do not reply to the email, we’ll close your Account on the expiry date. Any outstanding Available Balance on the Card at expiry will remain yours for a period of twelve months from the expiry date. Within these twelve months, you can request a refund anytime by emailing us on customerservices@360money.com or calling 08454 700 145. We will not return any funds remaining on the Card longer than 12 months after expiry of the Card (subject to paragraph 6.5).
6.5 If you have a Restricted Card, we may be required by regulation to establish your identity before redeeming money from your Card.
7. REDEEMING E-MONEY
7.1 If you would like to terminate your Card and redeem any unused funds, you may do so as long as:
7.1.1 the Available Balance is greater than the Pounds Sterling equivalent of €10 (10 Euros); and
7.1.2 we believe you have not acted fraudulently; and
7.1.3 we are not prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.
7.2 You can obtain redemption of any unused funds by contacting Customer Services.
7.2.1 We will charge a redemption fee of £5.00 plus 2.5% of the Available Balance, or the total Available Balance if lower than the said redemption fee. The redemption amount can be redeemed by cheque or postal order.
7.3 Please note that our procedures may require us to carry out various identity checks reasonably required to prevent fraudulent use of your Card before we can process your redemption request.
8. CARDHOLDER LIABILITY AND AUTHORISATIONS
8.1 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.
8.2 If we need to investigate a Transaction on the Card then you must cooperate with us, or any other authorised body if this is required.
8.3 You should never:
8.3.1 allow another person to use your Card;
8.3.2 record your PIN in writing, or with your Card or otherwise;
8.3.3 disclose your PIN to or otherwise make it available to any other person, whether verbally or by entering it in a way that allows it to be observed by others or otherwise; or
8.3.4 enter the PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner.
8.4 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.
8.5 You agree to indemnify and hold harmless us and our distributors, partners, agents, sponsors (including without limitation Clydesdale Bank PLC), 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.
9. LOST, STOLEN OR DAMAGED CARDS
9.1 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.
9.2 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 Customer Services. 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 your 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. Alternatively, your Available Balance can be redeemed to you, unless we have any reason to believe that the notified incident has been caused by your breach of this Agreement, gross negligence or if it raises reasonable suspicion of fraudulent or improper conduct. If we replace the Card, the Card will be sent to your home address (fees apply, see paragraph 11).
10. TRANSACTIONS MADE IN FOREIGN CURRENCIES
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 a rate set by MasterCard®. This rate will include a Foreign Exchange Fee (see paragraph 11). 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.
11. FEES AND PRODUCT SUMMARY
11.1 The Cards are subject to certain fees and restrictions as follows. You may choose the Pay Monthly Tariff or the Pay As You Go Tariff. You may switch between these tariffs once every 4 months.
| FEES AND PRODUCT SUMMARY | PAY MONTHLY TARIFF |
PAY AS YOU GO TARIFF |
| APPLICATION | ||
| Card Application Fee | £9.95 |
£9.95 |
| SMS Payment Fee Surcharge (Application) | £2.50 (taken at first top up) |
£2.50 (taken at first top up) |
| Additional Card Fee | FREE for first additional card (£5 thereafter) |
£5.00 |
| Annual Account Maintenance Fee | N/A |
N/A |
| Monthly Management Fee | £4.95 |
FREE |
| ONGOING | ||
| Transaction Fee | FREE |
2.95% |
| Online gambling and betting transactions | 3% |
3% surcharge |
| ATM Cash Withdrawal | £1.50 2% surcharge over £50 |
£1.50 2% surcharge over £50 |
| Restrictions | Cash withdrawals in excess of £600 per annum, single debit transactions of £600 and total annual spend above £1,600 may be subject to identity verification (see 3.5). |
|
| Top up - Post Office® / Debit card | FREE |
FREE |
| Top up - PayPoint / Credit card | 3% |
3% |
| Top up - 360money top up pack | Fees vary by retailer |
Fees vary by retailer |
| Wage and Bank Account Transfers | FREE |
FREE |
| Limits | Minimum load amount £10. Maximum cash or credit/debit card load amount £500. Maximum wage/bank transfer amount £5,000. Maximum card balance at any one time £5,000 |
|
| Phone Balance Enquiry | FREE (local rate call) |
FREE (local rate call) |
| Internet Balance Enquiry | FREE |
FREE |
| Text balance enquiry (mobile phone) | FREE |
10p |
| Paper Statement Request | 1 FREE per month |
£5.00 |
| On-line Statement | FREE |
FREE |
| Foreign Transaction Fee | 2.95% |
1% surcharge |
| PIN change at ATM | 3 Free per annum (£1 thereafter) |
£1.00 |
| Forgotten PIN | 3 Free per annum (£1 thereafter) |
£1.00 |
| Replacement Card Fee | FREE for first replacement card (£5 thereafter) |
£5.00 |
| General customer service calls | £1.00 / minute |
£1.00 / minute |
| Processing fee for upgrade (to unrestricted card) | £5.00 |
£5.00 |
| CLOSURE | ||
| Card Cancellation and Redemption Fee | £5.00 + 2.5% |
£5.00 + 2.5% |
| Expiry | Card is valid for 24 months from date of application. Replacement card or refund is available for up to 12 months after expiry of the card. Replacement card fee or refund fee may apply. |
|
11.2 We will deduct any taxes or charges due from the Available Balance on your Card.
12. DISPUTES
12.1 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, you may ask us to investigate the Transaction by contacting Customer Services within 14 days of the date of the relevant Transaction.
12.2 If the disputed Transaction is investigated and found to be incorrect the value of the Transaction will be refunded to your Account. Until our investigation is complete the disputed amount will be unavailable to spend. It may later be deducted from your Account if we receive information that proves that the Transaction was genuine. In this event we will charge you a £10 administration fee.
12.3 We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement.
13. VARIATION
13.1 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 for one or more of the following reasons:
13.1.1 to reflect the introduction or development of new systems, methods of operation, services or facilities;
13.1.2 to reflect a change or an expected change in market conditions, general good practice or the cost of providing our services to our customers;
13.1.3 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;
13.1.4 to ensure that our business is run prudently and remains competitive;
13.1.5 to take account of a ruling by a court, ombudsman, regulator or similar body;
13.1.6 to make the terms and conditions fairer or clearer for you;
13.1.7 to rectify any mistake that might be discovered in due course; or
13.1.8 by agreement with you; or
13.1.9 to enable us to harmonise our banking interest or charging arrangements
13.2 We will give you reasonable notice by email of any material 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.
14. CANCELLATION
14.1 You may cancel your Card before activating it and up to 14 calendar days after the date of activation ('the Cancellation Period') without giving a reason by writing to Customer Services at the address given in paragraph 20 of these terms and conditions. This does not apply to replacement or additional Cards where the cancellation period for the Card has expired.
14.2 Upon cancellation, we will refund to you the Available Balance on your Card within 30 business days. We reserve the right to charge you a fee of £5.00 plus 2.5% of the Available Balance.
14.3 You may terminate your Card any time after the Cancellation Period by exercising your rights under paragraph 15.3.
15. TERMINATION OR SUSPENSION
15.1 We can terminate this Agreement at any time:
15.1.1 if we give you 30 days' notice and refund the Available Balance to you; or
15.1.2 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.
15.2 We can suspend your Card at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:
15.2.1 we discover that any of the information that you provided to us when you applied for your Card was incorrect; or
15.2.2 a Transaction has been declined because of a lack of Available Balance; or
15.2.3 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.
15.3 You can terminate this Agreement at any time following the Cancellation Period by contacting Customer Services.
16. OUR LIABILITY
16.1 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:
16.1.1 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 at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
16.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
16.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount; and
16.1.5 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
16.4 The above exclusions and limitations set out in this paragraph 16 shall apply to any liability of our affiliates such as Clydesdale Bank PLC, 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.
17. YOUR INFORMATION
17.1 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 Customer Services.
17.2 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 are required to request evidence of identity from you and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of your Card for this purpose and who will record that an entry has been made.
17.3 We may contact credit reference agencies to check your identity, and they will add details of our search to your record. 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 Clydesdale Bank PLC 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 use or share your personal data for marketing purposes. If you do not wish to receive any marketing material please select “Marketing Opt Out” in your online My Account or contact Customer Services. We may also transfer your personal data outside of the EEA to enable you to use the Card while you are traveling, 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.
17.4 You may contact us at anytime to request us to stop such use or further disclosure to other companies for such use.
17.5 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 Customer Services.
17.6 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.
18. COMPLAINTS PROCEDURE
18.1 Complaints regarding any element of the service provided by us should be sent in writing or by email to Customer Services.
18.2 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.
18.3 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.
18.4 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.
19. GENERAL
19.1 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.
19.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
19.3 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.
19.4 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 Clydesdale Bank PLC, 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 16.4 may enforce paragraph 16.
19.5 This Agreement is governed by English law and you agree to the non-exclusive jurisdiction of the courts of England and Wales.
20. CONTACTING CUSTOMER SERVICES
If you need assistance, you can contact Customer Services by telephoning UK 0845 4700 145 between the hours of 9.00am and 5.00pm on Monday to Friday, or by writing to Customer Services at 360money, PO BOX 3371, SWINDON, SN5 7WJ, or by e-mailing customerservices@360money.com. A Lost and Stolen service is also available 24 hours a day, seven days a week on the Customer Services phone number. General Customer Services’ enquiries will be charged at £1.00 per minute, you will need the permission of the bill payer before calling.