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Swirl Gift/ Terms & Conditions


February 2017

SWIRL GIFT CARD GENERAL TERMS & CONDITIONS

SWIRL Gift Card is an electronic money product issued and operated by Catella Bank S.A. and distributed by Smart Transfer Ltd. By loading or using the SWIRL Gift Card, the Cardholder constitutes his/her agreement to the current General Terms and Conditions and eventual disclosures and to any additional terms that may apply to the SWIRL Gift Card as published on the Website. The Cardholder may request a physical copy of this document, as amended, at any time by simple request to the Bank. Catella Bank will communicate with the Cardholder in English, unless otherwise agreed.

DEFINITIONS

“Agreement” - refers to this document, the SWIRL Gift Card General Terms and Conditions, as amended.

“Bank” or “Catella Bank” - means Catella Bank S.A., the issuer of the Card whose registered office is at 38 Parc d’Activités Capellen, rue Pafebruch, L-8308 Capellen, Grand Duchy of Luxembourg (www.catella.lu), registered with the Luxembourg Register of Commerce and Companies under number B 29.962, and regulated by the Commission de Surveillance du Sectuer Financier (“CSSF”).

Card - the SWIRL Gift Card issued to a Cardholder.

“Card Account” means the account opened with Catella Bank in the name of the Cardholder in an available currency in which payments made by means of the Card, are debited and payments made in favour of the Cardholder are credited.

“Cardholder” - a natural person entering into this agreement who has registered a Card.

“Card Fund” - the amount of money deposited to the Card by the Cardholder with the Bank, less all Fees, withdrawals and disposals made by the Cardholder, and all conversion Fees, commission, expenses and charges payable on such withdrawals and disposals.

“Card Load Fees” - refers to the fees charged by Catella Bank for accepting and crediting transfer of funds onto a Cardholders’ Card.

Credentials - means any, several or all of the following information: the Website password, CVV2 Code, the Card's expiry date or the 16-digit card number.

“CVV2 Code” (Visa) or “CVC2 Code” (MasterCard) - a 3-digit card verification value code that represents a digital signature which is required for every online transaction. The value code is present on the reverse side of the Card.

“Fee” - any fee due by the Cardholder to the Bank under this current Agreement, as amended.

”Limits” refers to the usage thresholds and restrictions which are imposed by Catella Bank on the Cardholder’s Card, including not limited to, limits on loading funds to the Card and limits on the amount of Payment Transactions with the Card.

“Member State” - any country which is a member of the European Union (“EU”).

“Notification” - the notification procedure detailed in this Agreement.

“Password” - a secret word/code created by the Cardholder to access his/her Card.

“Payment Transaction” means the transfer, initiated by the Cardholder by means of a Card, of an amount to the payee or the withdrawal of an amount by means of a Card at an ATM or at the counter of an affiliated bank.

POS - or Point of Sale - means a business or place where a product or a service can be purchased by means of a Visa / MasterCard Card.

“Reference Exchange Rate” - refers to the VISA or MasterCard currency conversion exchange rates which are automatically utilised by the Bank when the Cardholder makes a Payment Transaction in another currency than his Card Account. More information on the Reference Exchange Rate and the calculations behind it can be found at the following websites (respectively):

  • http://www.visaeurope.com/making-payments/exchange-rates
  • https://www.mastercard.com/global/currencyconversion/

“Reuters Middle Reference Exchange Rate” refers to the industry known Reuters currency exchange rate which is used by Catella Bank, where applicable, to convert Payment Transactions from Settlement Currency to the currency of the Cardholder’s Card Account before it is posted.

“Reference Exchange Rates” refers to the Reference Exchange Rate and the Reuters Middle Reference Exchange Rate collectively.

“Settlement Currency” refers to the currency that the Payment Transaction is converted into by use of the Reference Exchange Rate.

“Transaction Currency” refers to the currency of the Payment Transaction.

Visa, Visa Electron, Visa PLUS or MasterCard - means the card brand or acceptance mark referring to the international licensor of the Card.

Website - means the Internet website available at the address www.swirlcard.com or any other address communicated by Catella Bank from time to time.

2. CARDHOLDER'S GENERAL OBLIGATIONS

The Cardholder is liable for complying with this Agreement and shall be solely liable for any direct and indirect consequences arising from any breach of the current Agreement. The current version of the Agreement is available on the Website. Usage of the Card constitutes the Cardholder’s acceptance of this Agreement, as amended.

The Cardholder is the only authorised user of the Card. The Cardholder acknowledges and agrees that under no circumstances may the Card be transferred to another individual.

The Cardholder must be 16 years or over.

The Card is an electronic means of payment with retailers affiliated to the MasterCard network. It is not transferable and shall only be used by the Cardholder strictly in accordance with the current General Terms and Conditions.

The Card shall at all times remain the property of the Bank.

The Cardholder must sign the Card on the signature panel on the reverse side of the Card immediately upon receipt.

The Cardholder will provide all necessary information and documentation to the Bank to allow the latter to comply with its requirements under Luxembourg law concerning Cardholder identification and verification.

The Cardholder must exercise all possible care to ensure the safety of the Card.

The Cardholder is responsible for maintaining that the Credentials remain strictly confidential and for preventing the Credentials from becoming known to any person.

If the Card is lost or stolen, the Cardholder must, without undue delay, inform and notify the Bank of such occurrence in accordance with this Agreement. Failure to comply may result in financial liability on the behalf of the Cardholder.

CARD LIMITS: LOAD / SPEND/ ATM WITHDRAWALS

For Card activation and loading instructions, please refer to the instructions available on the Website. By submitting the Card related details the General Terms and Conditions are automatically accepted.

Catella Bank reserves the right to adapt the card limits at any time in accordance with Luxembourg and/or any applicable local requirements. Load and transaction fees will apply as detailed in the FEES section. The following limits apply for the Card;

Card Load: Max €250 one time only load.

Card Spend: (online & in-store) : Max €250

USE OF CARD

The Card can be used as payment card at more than 30 million high-street and Internet merchants displaying the MasterCard acceptance mark.

Catella Bank reserves the right to reserve a TIP provision on transaction made at selected Merchants to make sure Card Funds are available to cover any TIP given after authorisation is obtained by the Merchant. This TIP provision will be released once transaction has been cleared thought the MasterCard network.

Where the Cardholder signs the record of transaction or uses the Credentials for a purchase, the Cardholder gives Catella Bank irrevocable authority to pay the retailer and to debit the Card Fund. The records of statements sent by the retailer or bank, as the case may be, even in the absence of a written signature, are taken as a proof of transaction. The transaction slip printed by the terminal is for the Cardholder's personal information only. In accordance with Luxembourg law, the records of transactions created or received by Catella Bank will constitute evidence of the existence, amount and conditions of transactions.

In accordance with Luxembourg law, the records of Payment Transactions created or received by the Bank will constitute evidence of the existence, amount and conditions of Payment Transactions.

It is not permissible to overdraw the Card Fund. If the Card Fund becomes inadvertently overdrawn, the amount overdrawn must be repaid immediately by the Cardholder. In such situations, the Bank reserves the right to deactivate, suspend or cancel the Card at any time.

The Card is valid for one year after the initial loading regardless of the expiration date applicable to Internet transactions.

The Bank reserves the right to suspend or cancel a Card which has been dormant for a period of more than 12 months.

The Cardholder may request that their Card is suspended at any time, by notifying the Bank of such request in accordance with this Agreement.

The Card is limited to one card per individual and cannot be registered on a corporation’s behalf.

If the Card Fund is not sufficient to cover any Fee due by the Cardholder to the Bank under the Agreement, the Bank reserves the right to deactivate, suspend or cancel the Card until sufficient Card Funds are provided.

PAYMENT TRANSACTIONS FOR WHICH EXACT AMOUNT IS UNCLEAR/NON EXECUTION OR DEFECTIVE EXECUTION OF PAYMENT TRANSACTIONS

If the Cardholder believes that the amount of the Payment Transaction initiated via the Payee exceeds the amount the Cardholder could have reasonably expected, or the exact amount of the Payment Transaction was not specified, the Cardholder may address to Catella Bank a request for the refund of the Payment Transaction. The Cardholder shall accompany his request by factual arguments - in particular in relation to his past spending and the circumstances under which the Payment Transaction in question occurred. The Cardholder must, however, not invoke any elements in relation to a foreign exchange operation if the foreign exchange rate agreed between Catella Bank and the Cardholder has been applied. The Bank and the Cardholder agree that the Fees, commissions and other expenses created by such a Payment Transaction will not be reimbursed.

If the Cardholder believes and can show that a Payment Transaction has not been executed or defectively executed and can prove that the Payee’s Payment Service Provider has correctly transmitted the Payment Transaction, Catella Bank may, subject to Clause 8.9, refund the Cardholder the total amount of the Payment Transaction.

Where the Cardholder is entitled to be refunded in accordance with this Agreement, a written refund request signed by the Cardholder must have been received by Catella Bank in accordance with this Agreement within eight (8) weeks from the day on which the amount was debited from the Card.

Within 10 Business Days following receipt of the refund request made by the Cardholder and provided that Catella Bank accepts the refund request, the amount of the Payment Transaction will be credited to the Card.

In case Catella Bank refuses to reimburse the Cardholder, it shall, within 10 Business Days following receipt of the refund request made by the Cardholder, indicate to the Cardholder the reasons for its refusal. Such communication will be effected according to the means of communication agreed with the Cardholder.

The rules set forth under this clause do not apply if the Card is used outside a Member State or in a currency other than a currency of a Member State.

KEEPING TRACK OF CASH WITHDRAWALS AND BALANCE

Transaction History: Information can be accessed online via the Website or can be requested from the Bank at any time in accordance with this Agreement.

Balance Enquiry: Information regarding the Card Fund is available online via the Website or can be requested from the Bank at any time in accordance with this Agreement.

WITHDRAWAL OF CONSENT TO EXECUTE A PAYMENT TRANSACTION

The Cardholder may not revoke a payment order once it has been received by Catella Bank.

Where a Payment Transaction is initiated by or through the payee, the Cardholder may not revoke the payment order after transmitting the payment order or giving his consent to execute the transaction to the payee.

THEFT OR LOSS OF THE CARD

Until notification has been made to the Bank in accordance with this Agreement, the Cardholder shall be liable, up to EUR 150, for losses resulting from unauthorised Payment Transactions in case of loss or theft of the Card or misuse of the Card which was made possible because the Cardholder has not preserved the confidentiality of the Card data.

Notwithstanding the above, until the aforementioned notification to Catella Bank, the Cardholder shall bear the entirety of the loss incurred if, with gross negligence or wilful misconduct, he:
- has failed to comply with his obligation to use the Card in accordance with this Agreement and/or
- has transmitted the Notification of such Incident with delay.

In any case, the Cardholder shall bear the entirety of the losses resulting from unauthorised Payment Transactions in the event that he has acted fraudulently, irrespective of the notification of an Incident sent to Catella Bank.

If the Card is used outside a Member State or in a currency other than a currency of a Member State, the Cardholder bears the loss resulting from unauthorised Payment Transactions, even beyond an amount of EUR 150, if the Cardholder has negligently violated his obligations resulting from this Agreement.

Where the Cardholder believes their Card is lost or stolen or the Cardholder notices improper use of the Card or, in the event of the intentional or unintentional disclosure of any, several or all of the Credentials, the Cardholder must:
(a) IMMEDIATELY NOTIFY the Bank, by telephone to the Assistance Centre on (01) 687-7985 available on Business days between 09.00am GMT and 17.00pm GMT, or by means of the Website (on a 24/7 basis) AND
(b) CONFIRM IMMEDIATELY the Notification in writing by registered letter with acknowledgement of receipt to: Catella Bank S.A., 38, rue Pafebrüch, P.O Box 118, L-8308 Capellen – Luxembourg.
(c) Notification must be made by the Cardholder himself/herself, except in case of force majeure. With respect to the Notification, the Cardholder is liable for providing accurate and complete information to the Bank, in particular without limitations:
- the Cardholder’s first name and last name; and
- the number of the Card.

The Cardholder shall be fully liable for any consequences arising from any wrong, obsolete or incomplete information provided to the Bank.

The Cardholder is obliged to provide Catella Bank with all requested information and supporting documentation which collaborates the Cardholders unauthorised transaction submission.

If a Payment Transaction cannot be considered by Catella Bank as being authorised by the Cardholder, Catella Bank shall refund the Cardholder with the amount of the relevant Payment Transaction.

The Cardholder will only be entitled to obtain rectification from the Bank, in accordance with Clause 8.8 or Clause 5.2 of this Agreement if he notifies the Bank without undue delay, no later than 13 months after the date the relevant Payment Transaction is debited from the Card.

The Bank will immediately block the Card upon receipt of the Notification. The Cardholder may request via Notification to block the Card for any reason whatsoever.

If the Cardholder finds the Card after the Notification, the Card must be cut in two and destroyed immediately.

CASHING OUT A CARD

If at any time the Cardholder decides to cancel the Card and request cash-back, the following rules will apply:

(a) a reimbursement can only be made after the Card has been cancelled;
(b) a reimbursement can only be made by a single bank transfer to the account held in the name of the Cardholder.
(c) Catella Bank will only charge a cash out fee in accordance if the Cardholder requests cash-back within 12 months of Card issuance.

WITHDRAWAL OF THE USE OF THE CARD

The Bank may, where it has objectively justified reason, at any time and without notice, deactivate, cancel or suspend the right to use the Card or refuse to reissue or renew or replace the Card. In such event, the Card must be destroyed by the Cardholder. The Bank will not accept any liability for the direct or indirect consequences arising from any deactivation, suspension or cancellation of a Card in accordance with the terms of the Agreement.

FEES

The amount of Fees and details of when they will be payable are set out below. Unless otherwise agreed by the Bank and Cardholder, Payment Transactions and Fees will be debited in the currency of the Card Account. All Fees and charges will be debited directly to the Card Account as they arise.

Top Up fee: €2.99 Payable at point of sale for top ups in Payzone outlets.

Monthly Account Fee: €3.50 per month, starting 12 months after date of activation (i.e top up). Fee only applied to cards with an available balance.

Currency conversion fee: 5%

Cash out fee: €15.00 which will be deducted from the Card Fund prior to execution of the redemption, if the request is received within 12 months of the Card issuance.

Where the Card is used to conduct a Payment Transaction in a currency which is not the currency of the Card Account, the applicable exchange rate, to convert the amount from the Transaction Currency to the Settlement Currency, shall be the VISA, respectively MasterCard Reference Exchange Rate applicable to the relevant Payment Transaction, plus a foreign exchange fee of five percent (5%) of the relevant Payment Transaction.

In exceptional cases, where the Settlement Currency is not the same as the currency of the Cardholder’s Card Account, the Payment Transaction will be converted from the Settlement Currency to the currency of the Card Account using the Reuters Middle Reference Exchange Rate.

The date for the currency conversion shall be the date on which the Payment Transaction is debited on the Card Account. This date may be different to the day on which the relevant Payment Transaction took place. The Bank will provide the Cardholder with historic currency exchange rate information, for any relevant Payment Transaction, upon simple request.

BANK LIABILITY

The Bank shall not be liable for any direct or indirect damages if the Card or a specific Payment Transaction is refused or not honoured by a merchant. The Bank does not bear any responsibility for errors committed by merchants. The Bank will not be obliged to enter into any dispute arising between the Cardholder and a merchant or bank and, moreover, a dispute with a merchant or bank does not absolve the Cardholder from complying with regulations governing the use of the Card and this Agreement.

The Bank shall not be liable if it is unable to perform its obligations under this Agreement due (directly or indirectly) to the failure of any machine, data processing, system or transmission link or to industrial dispute, altered legislation or licence requirements or anything outside the Bank’s control or the control of the Bank’s agents or contractors.

Without prejudice to the above, the liability of the Bank in association with this Agreement shall be limited to its gross negligence or wilful default.

BANK CONTACT DETAILS

To report claims or errors regarding Card Funds or to enquire general information about the Card, the Bank can be contacted via
(a) the Assistance Centre on +352 27 754 530;
(b) e-mail to questions@everywheremoney.com; or
(c) postal mail to: c/o Catella Bank S.A, 38, rue Pafebrüch, L-8308 Capellen – Luxembourg.

When calling or writing the following information needs to be provided:
(a) name and Card serial number (found on the Card’s reverse side);
(b) a description of the suspected error or transaction and/or the reason of the information request;
(c) the local currency and amount of the suspected error or transaction; and
(d) Cardholder’s date of birth, current address and telephone number.

MODIFICATIONS

The Bank reserves the right to change (1) the Agreement, (2) the characteristics and features of the Card and (3) the Fees, at any time. The Agreement/Card’s characteristics and features/Fees will be made available on the Website at least two (2) month before becoming effective.

The Cardholder hereby:
(a) acknowledges that his/her relationship with the Bank is primarily based on electronic communications, made in particular through the Website and deems this means of communication appropriate to the nature of his/her relationship with the Bank;
(b) confirms that he/she accepts the Agreement, governing the terms and conditions of the Card, and will contact and notify the Bank in accordance with this Agreement should he/she not accept such future modifications to this Agreement;
(c) declares that he/she will consult regularly the Website; and
(d) accepts to be informed of any such change by means of the Website.

Should the Cardholder oppose to such change, the Cardholder shall have the right to terminate the current General Terms and Conditions immediately.

Continued use of the Card and the associated services after the entry into force of the proposed changes shall constitute the Cardholder’s consent to such changes and this Agreement, as amended.

TERMINATION

This Agreement is entered into by the Bank and the Cardholder for an indefinite period of time. Subject to Clauses 15.2 and 15.3, either party may terminate the Agreement at any time by communicating such intention to the other party.

The Cardholder is entitled to terminate this Agreement without notice.

The Bank will give the Cardholder two (2) months’ notice before terminating the Agreement.

Upon termination of the Agreement, the Cardholder is no longer authorised to use the Card. The Bank shall accept no liability in relation to the consequences arising from the termination of the Agreement.

DATA PROTECTION

The Bank will collect and process personal data on the Cardholder (1) insofar as necessary to issue and service the Card and/or (2) as necessary for the performance of the Agreement and/or (3) for marketing purposes and (4) in accordance with Luxembourg law on Data Protection. The data will be communicated to third parties as necessary to perform the Payment Transactions made by means of the Card and/or as necessary to service the Card. The Cardholder has the right to access and rectify their data by contacting the Bank. The data will be retained for the period provided for by the applicable law/regulations.

RECORDING OF PHONE CONVERSATIONS AND ELECTRONIC COMMUNICATIONS

The Cardholder acknowledges and agrees that the Bank has the right to register and keep records of telephone and electronic communications. The failure by the Bank to register and keep any record of such communications shall not trigger any liability by the Bank.

ANTI-MONEY LAUNDERING COMPLIANCE

In accordance with applicable legislation to fight money laundering and financing of terrorism the opening of any client relationship, including a Cardholder relationship, is subject to proper Cardholder identification by the Bank. The Cardholder hereby represents that he/she will without delay, disclose any requested information to the Bank and inform the Bank of any relevant change.

All Cardholders are obliged to inform the Bank should they change address.

Any address change request must be made in writing to the Banks’ offices in Luxembourg and must be accompanied by an official document stating the change of address.

GOVERNING LAW AND JURISDICTION

This Agreement shall be exclusively governed by and interpreted in accordance with the laws of Luxembourg.

Any dispute, controversy or claim arising in connection to a Card, a transaction made by means of a Card, the Card Fund and/or the Agreement shall be exclusively settled by the courts of Luxembourg.

Upon request, Catella Bank will supply information to the Cardholder regarding the laws and regulations which Catella Bank is subject to in the context of this Agreement.

REGULATORY AUTHORITY

Catella Bank is authorised as a credit institution supervised by the Luxembourg regulatory authority, the Commission de Surveillance du Secteur Financier (the “CSSF”), situated at 110, route d’Arlon, L-2991 Luxembourg, Grand Duchy of Luxembourg. Without prejudice to any legal procedure available to the Cardholder under Luxembourg law, the Cardholder may submit any dispute arising out of the present Agreement to the CSSF which is competent to settle such dispute amicably.