Card Holder Terms & Conditions

Please read carefully and should you have any queries, please call the Customer Service Team on 0845 680 2273

Introduction

These Terms and Conditions apply to the use of Your Card. Your Card is an “e-money” product given to You on behalf of the Card Distributor.

The e-money associated with Your Card, which is available for You to spend, is provided to You by A&L and We, shall act as an agent for A&L. Before using Your Card You must follow the procedure set out in clause 3 to confirm that You accept these Terms and Conditions. Following receipt of this confirmation by Us, Your Card will be activated. You should therefore read these Terms and Conditions carefully and if there is anything You do not understand or do not agree with please contact Cardholder Services. You should keep this document in a safe place for future reference.

These Terms and Conditions set out the terms of Our relationship with You and explain Your and Our obligations to each other.

1. Definitions

In these Terms and Conditions, the following expressions shall have the following meanings:

“Account” means the electronic account which is linked to the use of Your Card and is maintained for Your Card.

“Agreement” means the agreement with Us in relation to the Card and which is made up of these Terms and Conditions, any amendments to them as notified to You and any other document which You are required to sign for the provision of the Card.

"A&L" means Alliance & Leicester plc (registered number 03263713) whose registered office is at Carlton Park, Narborough, Leicester LE19 0AL which is authorized and regulated by the FSA to issue e-money.

“ATM” means an automated teller machine or cash dispenser bearing the Visa logo.

“Available Balance” means the value of funds loaded onto Your Card and available for You to spend from time to time.

“Business Day” means any day (other than a Saturday or Sunday) on which banks are open for business in the United Kingdom.

“Card” means the plastic prepaid card issued to You under this Agreement which You may use in accordance with these Terms and Conditions and the description of uses in the Card.

"Card Carrier" means the piece of paper that is attached to Your Card.

“Card Distributor” means the entity that has requested that a Card is issued to You.

“Card Number” means the 16 digit number on the front of Your Card.

“Cardholder” means You, the authorized user issued with a Card who enters into the Agreement.

“Cardholder Services” means the website or helpline operated by Us or on Our behalf which deals with queries and requests from Cardholders in relation to the activation and use of a Card under these Terms and Conditions. The contact details for Cardholder Services are set out in clause 13.

“Charges” means the charges for the use of Your Card as set out or described in the Summary Box.

“e-money” means the money issued by A&L which is held electronically on the Card and is available for You to spend.

"FSA" means the Financial Services Authority.

“Merchant” means a retailer, or any other person, firm or company that displays the Visa logo and can accept Visa debit cards using an electronic terminal.

"PCCL" means the Prepaid Card Company Limited (registered number 06389076) whose registered office is at Carlton Park, Narborough, Leicester LE19 0AL.

“PIN” means the personal identification number sent to You (or which You have chosen) for use with the Card (where applicable).

“Reload” means to add further money to Your Account which will be shown in Your Available Balance.

"Summary Box" means the summary box on the Card Distributor's website, on the reverse of the Card Carrier and on the Cardholder Services website.

“Terms and Conditions” means these Terms and Conditions and those set out in any product leaflet or Card Carrier.

“Transaction” means any cash withdrawal or retail sale (as appropriate) completed by You using Your Card.

“Visa” means Visa Europe who operate the Visa program subject to the Visa Europe Operating Regulations (and all other rules referred to therein).

“We”, “Us” or “Our” means PCCL, acting as agent of A&L, and any other person or entity to whom we may transfer or assign Our rights and obligations in the future.

“You” or “Your” means the Cardholder.

2. Your Card

2.1 This Card, issued by A&L to You on behalf of the Card Distributor, will be loaded with funds from time to time at the request of the Card Distributor. The Card is a Visa debit card and is not a credit card or charge card. You must not attempt to use Your Card to obtain credit. The Card shall remain the property of A&L at all times. Your Card is not connected to a bank account.

2.2 The currency in which Your e-money is denominated is either pounds sterling, US dollars or euros. The relevant currency is shown on Your Card.

2.3 Your Card is issued to You for use by You only and cannot be used by any person other than You. If We find out that Your Card is being used by any person other than You, We may deactivate the Card and close Your Account.

2.4 The Card may only be issued to and used by persons over the age of 18. If You receive the Card and You are under the age of 18, You must contact Customer Services immediately. You will be entitled to redeem the funds on the Card in accordance with clause 7.5 below. You must not use the Card and You must cut it in half through the magnetic stripe and chip and dispose of it carefully.

2.5 The Available Balance on Your Account will not earn interest at any time.

2.6 If You have any difficulties in using Your Card, contact Cardholder Services.

3. Receipt of Card and Card Activation

3.1 On receipt of Your Card, You should sign it straight away on the reverse. Before Your Card can be activated You must confirm Your acceptance of these Terms and Conditions. You can do this online at the Cardholder Services website (www.thepre-paidcard.co.uk). Where You activate Your Card online, You will be asked to use the activation code given to You with the Card and You may be asked to provide details of Your date of birth. Following Your acceptance of these Terms and Conditions, Your Card will be activated and You will be able to use it to access the Available Balance.

3.2 You can also call Cardholder Services on + 44 (0)870 850 2637 who will tell You the others ways that You can accept these Terms and Conditions and activate Your Card.

3.3 You must activate Your Card within 1 month of the date on which You receive it. You will have 12 months from the date that the Card is activated in which to spend the money initially loaded onto the Card. You will have 12 months from the date that any additional funds are loaded onto the Card to spend such funds.

3.4 On confirming Your acceptance of these Terms and Conditions, You will also be asked separately to acknowledge to Us that You have read the warning given in clause 10.3 below and accepted the risks stated in that warning. You are therefore advised to read clause 10.3 prior to activating Your Card to ensure that You are familiar with that warning.

4. Use of Your Card

4.1 Charges may be payable for the use of Your Card and are set out in the Summary Box. You may use Your Card to carry out the transaction specified in Your Card Carrier. These may include:

(a) making payments for goods and services either online or at any Merchant displaying the Visa logo; or

(b) withdrawing cash at any bank or ATM worldwide which displays the Visa logo ; or

4.2 Where You are given a PIN to use with Your Card You will need to use the PIN to authorize all Transactions which You carry out which require a PIN. Once Your Card has been activated if You have a Chip & PIN Card You may change Your PIN at certain UK ATMs which have this facility. Where You have been given a magnetic stripe Card You may change Your PIN at an A&L ATM. If You change Your PIN, You should not choose a PIN that can be easily guessed such as Your telephone number or date of birth. You must notify Cardholder Services as soon as possible if You believe that Your PIN has been obtained or changed without Your consent.

4.3 You must ensure that the Available Balance on Your Card is sufficient to cover the amount of any Transaction (including any Charges) that may be debited from Your Card. Each time You carry out a Transaction, the Available Balance on Your Card will be reduced by the full amount of that Transaction including any Value Added Tax (VAT), and any other taxes or charges that apply in respect of the Transaction. You must not use Your Card where the value of the Transaction including any VAT and any taxes or charges exceeds the Available Balance on the Card or where the Card has expired.

4.4 If You make a Transaction for an amount greater than the Available Balance and for whatever reason that Transaction is not declined, We will ask You to contact the Card Distributor. You shall repay to Us or the Card Distributor the amount by which the value of the Transaction exceeds the Available Balance immediately on receipt of a written notice from Us or the Card Distributor requesting repayment.

4.5 You can check Your Available Balance online at www.thepre-paidcard.co.uk or by calling Cardholder Services. We will not charge You for Your enquiry. If there is an entry which appears to be wrong, You must tell Us as soon as possible.

4.6 When You make a payment using Your Card, that Transaction will be noted against Your Available Balance immediately and Your Account will normally be debited within 2 Business Days. When You make payments using Your Card outside the UK, it may take much longer. We shall not be obliged to carry out transactions on Your Account in any particular order. Your Account will not be credited with the refund of a Transaction made using Your Card unless We receive a refund verification acceptable to Us. You will be responsible for all Transactions (other than Our error) which are debited from Your Card.

4.7 If an incorrect entry is made on Your Account by Us, then We will correct it. If We make the correction on any day after the date of the error, then it will be reflected on Your Available Balance as soon as possible.

5. Reloading of Your Card

5.1 Only the Card Distributor may Reload Your Card.

5.2 The maximum Available Balance on Your Card shall not exceed £5,000/US$10,000/€7,500 at any time, but may at the Card Distributor’s request be set at a lower maximum value. The Card Distributor will have notified You if Your maximum Available Balance is less than £5,000/US$10,000/€7,500.

Where agreed between Us and the Card Distributor, the maximum Available Balance on Your Card may exceed the amounts referred to in this clause and You will be notified by Us or the Card Distributor of this increased maximum Available Balance.

6. Security

6.1 When We give You a Card and PIN You must take reasonable steps to prevent the Card and PIN being lost or stolen. You should keep Your Card receipts safely and dispose of them carefully. You must not allow anyone else to use Your Card or PIN and You must tell Us immediately by telephoning Cardholder Services if Your Card has been lost or stolen or You know or think that someone else is using or has tried to use Your Card or PIN.

6.2 You should not record Your PIN in writing or keep it with the Card or disclose Your PIN to, or otherwise make it available to, any other person. Any Transaction made using Your PIN will be deemed to have been authorized by You and You will be liable for all such Transactions.

6.3 The Card is A&L's property and any other materials issued to You are Our property or licensed to Us. If We ask You to return the Card or any other materials, You must return them to Cardholder Services who will return them to Us.

7. Cancellation of Your Card and Redemption of the Funds

7.1 You have a legal right to cancel Your Card without giving Us a reason or incurring any costs for a period of 14 days from the date that You receive the Card. However, this will not entitle You to a refund of any charges made in respect of Transaction Fees or Cash Withdrawal Fees set out in the Summary Box. You may also cancel Your Card at any time and redeem any available funds on the Card. Please contact Cardholder Services in order to cancel Your Card. The right to redeem the funds on Your Card set out in this clause 7 is only applicable if the funds on Your Card are not owned by the Card Distributor or Your employer.

7.2 If You cancel Your Card We shall immediately block the Card so that it cannot be used. You will be liable for all Transactions and Charges incurred until We receive Your notice of cancellation. You will also be liable for all Transactions and Charges incurred after we have received Your notice of cancellation and where We can demonstrate that You carried out the Transaction or incurred the relevant Charge. For example, if You carry out a Transaction and cancel Your Card the following day, You will still be liable for the Transaction even if the Transaction does not show on Your Account until after You have submitted Your notice of cancellation.

7.3 We may deactivate Your Card and close Your Account at any time. We may cancel the Card immediately if We suspect any fraud or misuse in relation to the Card or PIN or any breach of this Agreement by You or where We are required to do so by law. We may, in Our sole discretion, refuse to allow Your Card to be Reloaded (where Your Card is reloadable), or restrict or refuse to authorize the use of Your Card or suspend Your Card where We consider that any use would be a breach of this Agreement, or We believe that You or a third party has committed or will commit a crime, fraud or other misuse of the Card.

7.4 If We or You cancel Your Card You must cut the Card in half through the magnetic stripe and chip and then dispose of the Card and any other materials that belong to Us carefully.

7.5 If We or You cancel the Card, the Account will be closed and any remaining funds will be paid to You in the same currency as the money on Your Card is denominated as follows:

(a) We will redeem funds on Your Card at their par value. We will not require a minimum amount to be loaded on Your Card in order for You to be able to redeem all the funds loaded on Your Card;

(b) We will, (subject to the satisfactory completion of the required money laundering, fraud and identification check), transfer the money to an account in Your name with a bank or other financial undertaking nominated by You or You can call Cardholder Services on +44 (0)870 850 2637 who will notify You of where You can withdraw the funds. If Your Card can be used to withdraw cash from an ATM, You may withdraw the funds from an ATM.

When You have withdrawn the funds, You must notify Cardholder Services who will deactivate Your Card. You must cut the Card in half through the magnetic stripe and chip and dispose of it carefully;

(c) Unless prevented by circumstances beyond Our control We will ensure that the funds reach the nominated account within 7 Business Days of receiving Your instructions to make the transfer;

(d) We may charge a reasonable fee for such a transfer to recover Our costs in carrying out the transfer and may vary such fee from time to time to reflect changes in such costs. Please see the Summary Box for further information regarding the fee payable upon the redemption of the funds in Your Account;

(e) We will confirm the amount of the redemption fee when You request a transfer. If You wish, You can withdraw Your transfer request after We have told You the amount of the fee.

8. Expiry of Your Card

8.1 You will not be able to use the Card following the expiry date printed on the Card. If there are any funds remaining on Your Card and the 12 month period referred to in clause 3.3 has not yet expired, We will issue You with a new Card. If the 12 month period has expired, You will not be able to redeem any unspent money. Where You are given a reloadable Card and the Card Distributor requests that We do so, We shall provide You with a new Card prior to the expiry date on the Card and the remaining Available Balance shall be transferred to that new Card.

8.2 Although the money on the Card will not be available to You after the expiry date of the Card, a Merchant shall have a right to the value of any outstanding Transactions and any such Transactions using the Card prior to expiry will be fulfilled by Us.

8.3 We will not authorize or process any Transactions conducted using Your Card following the expiry of Your Card.

9. Changes to Terms and Conditions

9.1 We may change these Terms and Conditions (including the Charges) at any time and will tell You about any changes by one or more of the following ways: (a) by writing to You, or (b) by a message on the website (www.thepre-paidcard.co.uk).

9.2 We may change these Terms and Conditions at any time for any of the following reasons:

(a) To make sure that the whole of Our business or A&L's business remains competitive;

(b) To allow Us to improve services or facilities;

(d) To reflect a decision by a court, ombudsman, regulator or similar body; or

(e) To reflect any changes in Our ownership.

9.3 We may also change the Terms and Conditions of Your Card at any time for any other valid reason.

9.4 We shall follow the notice provisions of the Banking Code, which currently require that:

(a) If the change is to Your disadvantage, We shall tell You about it personally (at Your e-mail or postal address provided to Us) at least 30 days before We make the change and at any time up to 60 days from the date of the notice, You may, without notice, cancel Your Card and terminate the Agreement without any charge.

(b) We may make any other change immediately and tell You about it within 30 days.

9.5 If You are not happy with any change to these Terms and Conditions, You may cancel Your Card and terminate the Agreement at any time in accordance with clause 7.1.

10. Regulators and Consumer Protection

10.1 A&L is registered in the Financial Services Register with registration number 189099.

10.2 The registered office of A&L is Customer Service Centre, Carlton Park, Narborough, Leicester LE19 0AL. The Company Number is 03263713 and the company is registered as a public limited company in England.

10.3 This Card and the e-money associated with the Card is not covered by the Financial Services Compensation Scheme. You should be aware that no other compensation scheme operates to cover losses of e-money in connection with Your Prepaid Card. In the unlikely event that A&L becomes insolvent, the Card issued to You may become valueless and unusable and You may lose the value stored on Your Card.

10.4 A&L subscribe to the Banking Code and the Business Banking Code. Copies of the Banking Code and the Business Banking Code are available on request.

11. Lost and Stolen Cards

11.1 The funds loaded onto Your Card should be treated as if they are cash and kept safe. If the Card is lost or stolen, then prior to this being reported to Cardholder Services, You may lose some or all of the value on the Card, in the same way as if You had lost Your wallet or purse. Subject to Your compliance with clause 11.2, You will be liable for any Transactions using Your Card whilst it is lost or stolen, which shall be deducted from the Available Balance in full.

11.2 If Your Card is lost or stolen, or You suspect that Your Card may have been used fraudulently or without Your consent, You should contact Cardholder Services immediately. We will then place a stop on the Card to prevent someone else accessing Your Available Balance. You may be asked to give Your Card Number and other details so that Cardholder Services can verify they are speaking to the Cardholder. You may also be asked to help Us, Our agents or the police if Your Card is stolen and We suspect that there has been fraud or misuse or You have notified Us of a Disputed Transaction (see clause 12).

11.3 Where Your Available Balance shows that there is money remaining on Your Account We will cancel Your Card and issue a new Card and PIN to You within 14 days and transfer the Available Balance to that new Card when You activate it.

11.4 Where a Card which You notified to Us as lost or stolen is subsequently found or where a Card is damaged or does not work correctly, You should notify Cardholder Services immediately and then cut the Card in half through the magnetic stripe and chip and dispose of it carefully.

11.5 In respect of replacement Cards issued under clause 11.4 above, We reserve the right not to reissue a Card. If We use this right, You may redeem the funds on the Card in accordance with clause 7.

11.6 We recommend that You check the Available Balance on Your Card regularly online at the Cardholder Services website (www.thepre-paidcard.co.uk).

12. Disputed Transactions

12.1 If You think that any Transactions were not authorized by You or have been posted against Your Account in error (Disputed Transaction), You should contact the Merchant first as this may lead to a quicker resolution of the dispute. You must attempt to resolve a Disputed Transaction with the Merchant before asking that We pursue the dispute on Your behalf.

12.2 You must contact Us if You cannot resolve the Disputed Transaction with the Merchant and in any event no later than 30 days from the date of the Disputed Transaction. We will investigate any Disputed Transaction in accordance with the Visa scheme rules. You will not receive a refund to Your Account until the investigation is completed. We shall refund the amount of any Disputed Transactions which the investigations show are not authorized by

You.

12.3 If We refund a Disputed Transaction to Your Account and subsequently receive information to confirm that the transaction was authorized by You and correctly posted to Your Account, We shall deduct the amount of the Disputed Transaction from Your Available Balance.

13. Contacting Us

13.1 You may contact Cardholder Services by calling them on + 44 (0)870 850 2637 or by writing to them at Prepaid Card Team (Cardholder Services), Alliance & Leicester plc, Bridle Road, Bootle, Merseyside, L30 4WQ or by any other means that Cardholder Services makes available. Any correspondence for You will be mailed to the address that Cardholder Services holds for You in respect of the Card. You may also service Your Card online at www.thepre-paidcard.co.uk.

13.2 You must tell the Card Distributor if You change Your name or Your address or if there are any other changes relevant to Your Card. If You do not tell the Card Distributor of a change We shall contact You at the last address or telephone number that You have given to the Card Distributor.

13.3 You are responsible for ensuring that any information or instructions You give to the Card Distributor or to Cardholder Services are accurate and complete. Neither the Card Distributor, Cardholder Services, Us or A&L shall be liable for any loss or damage You suffer if the information or instructions You give are in any way inaccurate or incomplete.

13.4 Please note that telephone calls between You and Cardholder Services may be recorded to ensure that Your instructions are carried out correctly, and for monitoring, quality control, security and training purposes.

14. Complaints

14.1 If You have a complaint about Your Card, please contact Cardholder Services in the first instance so that they may investigate it. Cardholder Services can provide details explaining how it handles complaints upon request. Details of Cardholder Services’ complaints procedure can also be obtained by telephoning Cardholder Services or alternatively this information is available on the Cardholder Services section of the following website www.thepre-paidcard.co.uk. You will be asked to submit details of Your complaint in writing to Prepaid Card Team (Complaints), Alliance & Leicester plc, Bridle Road, Bootle, Merseyside, L30 4WQ.

14.2 If Cardholder Services are unable to resolve Your complaint to Your satisfaction You may contact The Financial Ombudsman Service (FOS) by writing to them at, South Quay Plaza, 183 Marsh Wall, London, E14 9SR or calling them on 0845 080 1800. There are a few instances where FOS is not empowered to act.

Following these procedures will not affect Your legal rights.

15. Uses of Your Information

15.1 In this clause personal information means:

- information You give Us or Cardholder Services, or which We or Cardholder Services already hold about You, including any phone number You call Us from, which We may record;

- information We or Cardholder Services receive from enquiries We make so We can deal with any queries in relation to Your Card; and

- information We receive from anyone who is allowed to give Us information about You.

15.2 We will keep Your personal information for only as long as We need to or are allowed to by law. You have certain rights to receive a copy of the personal information We or Cardholder Services hold about You. You will be charged £10 for obtaining a copy of this information. Please write to the Prepaid Cards Team at the address set out in clause 13.1.

15.3 We will process and record Your personal information, including details of Your Transactions for the following purposes:

- so that We can manage Your Account;

- to carry out, monitor and analyze Our business; and

- to ensure compliance with any laws or regulations in any country.

15.4 We may reveal Your personal information to including details of Your Transactions to:

- Cardholder Services or any person or subcontractor working for Us;

- any person to whom We transfer any of Our rights or duties to under any agreement We may have with You; and

- anyone You authorize Us to give Your personal information to.

In situations in which the funds on Your Card are owned by Your employer or Card Distributor, We may provide to Your employer or Card Distributor personal information including transactional data related to the use of the Card by You.

15.5 So that We and Cardholder Services can process, use, record and release personal information, We or Cardholder Services may pass Your information outside the United Kingdom to other countries, including the United States of America. We and Cardholder Services are responsible for making sure that Your personal information continues to be protected during this type of transfer.

15.6 We may release some personal information about You to fraud prevention agencies. We will tell fraud agencies if You give Us false or inaccurate information and We suspect fraud.

15.7 The fraud prevention agencies will share search details and account information with Us and other organizations so that We and they might:

- assess applications for services and manage accounts;

- check Your identity to prevent money laundering (passing money through a business so the police cannot trace where it came from);

- prevent, detect or prosecute fraud and other crimes; and

- recover and trace debts.

15.8 The fraud prevention agencies will share records with other organizations and will also use personal information for statistical analysis about fraud. Please phone Cardholder Services if You would like details of these fraud prevention agencies. You have a legal right to obtain these details.

16. Liability

16.1 Liability of Us and A&L to You

(a) We or A&L shall not be liable to You for any direct or indirect loss or damage (other than that which cannot be excluded by law) You may suffer as a result of Your use or inability to use Your Card or any loss or damage You suffer as a result of a third party using Your Card or PIN.

(b) We or A&L shall not be liable to You in any circumstances for any direct or indirect loss or damage (other than that which cannot by law be excluded) that does not arise directly from the matters for which We are responsible or which is beyond Our or A&L's reasonable control or which We or A&L could not reasonably foresee.

(c ) We or A&L cannot guarantee that a Merchant will accept Your Card or that We or A&L will authorize any particular Transaction. We or A&L shall not be liable for any direct or indirect loss or damage You may suffer in the event that a Merchant refuses to accept Your Card (in whole or part) or if We or A&L cancel or suspend Your Card.

(d) Unless otherwise agreed by Us or A&L in advance, any liability We may have to You will be limited to the actual amount of any loss or damage You incur or suffer.

16.2 Your Liability to Us and A&L

(a) You will be liable to Us and A&L for (and agree to indemnify Us and A&L against) all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We or A&L directly or indirectly incur or which are brought against Us or A&L if You have acted fraudulently or been negligent or misused Your Card or PIN or breached these Terms and Conditions including the costs of any legal action taken to enforce this Agreement.

(b) We or A&L shall not be bound to recognize the interest or claim of any person other than the Cardholder in respect of the Available Balance on the Card, nor shall We or A&L be liable in any way for failing to recognize such interest or claim (except as required by law).

(c) Where Your Card has been issued to You on behalf of Your employer for use in relation to Your employment, the ownership of the Available Balance on the Card shall remain with Your employer at all times and We or A&L shall not recognize any interest or claim that You assert in relation to the Available Balance on the Card. For the avoidance of doubt this does not apply to Cards issued to You for the purpose of paying wages or reimbursements.

(d) No claim by You against a third party may be the subject of a defense or counterclaim against Us or A&L.

17. Generally

17.1 You may not assign any or all of Your rights or obligations under these Terms and Conditions but We may do so at any time.

17.2 Each of these clauses is separate from all other clauses, so that if one clause is found to be void or otherwise unenforceable it will not affect the validity of any of the others.

17.3 If We do not enforce any of the rights We have under this Agreement, or if We delay in enforcing them, that does not prevent Us from taking any action to enforce Our rights in the future.

17.4 Upon termination of this Agreement, the Terms and Conditions that are capable of continuing to apply will do so.

17.5 Apart from A&L, a person who is not a party to this Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

17.6 These Terms and Conditions will be governed by, and will be construed in accordance with, the laws of England and the Courts of England will have exclusive jurisdiction.

17.7 You and We agree that these Terms and Conditions and any communications between Us shall be in English.

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