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Swirl Mastercard / Terms & Conditions


February 2019

PREPAID SWIRL MASTERCARD® GENERAL TERMS AND CONDITIONS

SWIRL Mastercard is an electronic money product issued by PerfectCard DAC (PfC) and distributed by Smart Transfer Ltd. By loading or using the SWIRL Mastercard, the Cardholder accepts these General Terms and Conditions. A physical copy of the current version of this document is available from PfC on request. PfC will communicate with the Cardholder in English and via email or the Website, unless otherwise agreed.

1. DEFINITIONS

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

“ATM” - Automated Teller Machine from which cash may be withdrawn by use of the Card.

“Card” - the SWIRL Mastercard prepaid card issued to a Cardholder.

“Card Account” means the e-money account opened with PfC 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 loaded to the Card by the Cardholder 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 for loading funds onto a Card.

“Credentials” - any, or all of the following information: the PIN, the Website password, the CVC2 Code, the Card’s expiry date or the 16-digit card number.

“CVC2 Code” - a 3-digit card verification value code that represents a digital signature which is required for every online transaction. The value code is either present on the reverse side of the Card or for safety reasons exclusively in the online account provided.

“Fee” - any fee due by the Cardholder under Clause 11 of the current Agreement, as amended.

“Limits” - refers to the usage thresholds and restriction imposed on the Card, including but not limited to, limits on ATM withdrawals, limits on loading funds to the Card and limits on the amount of Card Payment Transactions.

“Load Retailer” means a retailer which accepts amounts of money to load to the Card Account which increase the Card Funds as may be identified on the Website from time to time.

“Mastercard” - the card brand or acceptance mark referring to the international licensor of the Card.

“Notification” - the notification procedure detailed in Clause 8.5 of this Agreement.

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

“Payment Transaction” - means an action on the Card, initiated by the Cardholder at a retailer or ATM to place, transfer or withdraw Card Funds.

“PfC” or “PerfectCard” – means PerfectCard DAC, the issuer of the Card

“PIN” - the personal identification number issued by PfC.

“POS” or “Point of Sale” - a retail location which accepts the Card.

“Reference Exchange Rate” - refers to the Mastercard currency conversion exchange rates used when the Cardholder makes a Payment Transaction in a currency other than Euros. The Reference Exchange Rate can be found at): https://www.mastercard.com/global/currencyconversion/

“We”, “Us”, “Our” – means PfC or Smart Transfer Ltd acting on its behalf.

“Website” - means the Internet website available at the address www.swirlcard.com or any other address communicated by PfC or Smart Transfer Ltd from time to time.

“You”, “Your” – means the Cardholder or registered user of the SWIRL Card Mastercard

2. CARDHOLDER'S GENERAL OBLIGATIONS

2.1 You are liable for complying with this Agreement and shall be solely liable for any consequences arising from any breach of the current Agreement. The current version of the Agreement is available on the Website

2.2 The Card shall at all times remain the property of PfC. We grant you authorisation to use the card and under no circumstances is it transferable to anyone else.

2.3 You must be 16 years or over and a resident of the Republic of Ireland.

2.4 The Card is an electronic means of payment with retailers affiliated to the Mastercard network and withdrawal of cash at ATMs.

2.5 You must sign the signature panel on the reverse side of the Card immediately upon receipt.

2.6 You agree to provide all necessary information and documentation to Us to allow Us to comply with our requirements under Irish law concerning Cardholder identification and verification. You may be unable to use the Card and any Card Funds in the Card Account until you have provided Us with the required information.

2.7 You must exercise all possible care to ensure the safety of the Card.

2.8 You are responsible for ensuring the Credentials remain strictly confidential and are not disclosed to anyone else.

2.9 If the Card is lost or stolen, You must notify Us without undue delay, failure to comply may result in You losing the funds on the Card.

3. CARD LOAD/RELOAD

3.1 Please refer to instructions on the Website to explain Card activation, loading/reloading and electronic transfers.

3.2 The following Limits apply to the Card;

(a) Card Load: €2,500 maximum per rolling 12 months once the Cardholder has been identified and subsequently registered by SWIRL Card with a maximum daily transaction limit of €1,000 per day and €2,000 per month.

(b) Card Spend: (online & in-store): €2,500 maximum per rolling 12 months once Cardholder has been identified and subsequently registered by SWIRL Card. Single transaction limit of €2,500. Daily limit of €2,500.

(c) ATM Withdrawal: €1,000 total per rolling 12 months once Cardholder has been identified and subsequently registered by SWIRL Card. This limit is subject to a single transaction and daily limit of €500.

(d) Upgraded Loading, Spend and Withdrawal Limits: €25,000 per rolling twelve months, once Cardholder identification is duly completed and verified according to the procedure defined on Website or by SWIRL Card. Single transaction, daily and monthly limits as outlined above will still apply.

3.3 We reserve the right to adapt the Card Limits at any time, especially in accordance with Irish or European regulations, and/or where We have any objectively justified reason to do so. You may contact us to ask about the applicable Card Limits at any time. We reserve the right to amend the Cardholder identification, registration and / or verification procedures at any time.

3.4 Card Load Fees will apply as set out in Clause 11 of this Agreement as may be updated from time to time.

4. USE OF CARD

4.1 Following registration of the Card it can be used to withdraw cash from ATMs displaying the Mastercard acceptance mark. The minimum withdrawal amount is defined by the ATM in the local currency. For fees see section 11.

4.2 The Card can be used to make payments at retailers displaying the Mastercard acceptance mark.

4.3 Where You sign the record of a Payment Transaction or use the Credentials You give Us irrevocable authority to process the Payment Transaction and debit the Card Fund accordingly. We will receive the Payment Transaction immediately.

4.4 In the event You use a Load Retailer, You agree that the record transmitted to Issuer by the retailer is proof of the load and only amounts in such record shall be added to the Card Fund. Any record issued to You is for information only.

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

4.6 You may not revoke a Payment Transaction once it has been received by Us. Where the Payment Transaction is initiated by a merchant, you may not revoke it once you have transmitted it or given consent to the merchant.

4.7 You may not overdraw the Card Fund. If the Card Fund becomes inadvertently overdrawn, the amount overdrawn must be repaid immediately by You. In such situations, We reserve the right to deactivate, suspend or cancel the Card at any time.

4.8 The Card is valid until the expiry date indicated on the front of the card. The Card may be reloaded during its period of validity subject to the Limits and in accordance with the procedure detailed in Clause 3 of this Agreement.

4.9 We reserve the right to lock or cancel a Card which has been dormant for a period of more than 12 months.

4.10 You may request that your Card is suspended at any time, by notifying Us of such request in accordance with this Agreement.

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

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

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

5.1 In situations where (i) You were unaware of the exact amount of a Payment Transaction initiated by a merchant, and (ii) the final amount exceeded what You could reasonably have expected taking into account previous spending pattern and any other relevant circumstances, then You may be entitled to a refund if you contact us within 8 weeks of the date of the relevant Payment Transaction and provide us with evidence to demonstrate the circumstances in (i) and (ii) of this clause 5.1apply.

5.2 On receipt of Your notification and evidence in accordance with 5.1 above, we will either provide a full refund of the relevant Payment Transaction or provide you with the reason why no refund will be made. This clause 5.2does not apply if the amount of the Payment Transaction is different due to the application of the foreign exchange rate agreed between Us and You or if you gave us direct consent to execute the relevant Payment Transaction. You agree that the Fees, commissions and other expenses created by such a Payment Transaction will not be reimbursed.

6. KEEPING TRACK OF CASH WITHDRAWALS AND BALANCE

6.1 Transaction history and balance information can be accessed online via the Website or can be requested from SWIRL Transfer Ltd at any time in accordance with this Agreement. You are responsible for checking your balance and transaction history regularly.

7. THEFT OR LOSS OF THE CARD, YOUR LIABILITY & NOTIFICATION

7.1 In the case of an unauthorised Payment Transaction or a Payment Transaction that was incorrectly executed due to an error by us, we shall, as soon as practicable, refund the payment amount including all fees deducted therefrom. This shall not apply:

(a) where the unauthorised Payment Transaction arises from your failure to keep the Credentials or your Card or Card Account safe and secure, in which case you shall remain liable for the first €50 unless section 7.1(c) or 7.3 apply;

(b) if you fail to notify us without undue delay of any loss of your Credentials or Card
other event that could reasonably be expected to have compromised the security of your Card or Card Account or Credentials after you have gained knowledge of such event in which case you shall remain liable for losses incurred until you notify us;

(c) if the Payment Transaction arose from a lost or stolen Card and was unauthorised but you have acted fraudulently or wilfully or negligently failed to keep Your Card or Card Account or Credentials safe and secure or are in breach of this Agreement in which case you shall be solely liable for all losses (subject to the limitations set out under clause 7.3) and We may communicate details of your actions with the relevant national authority; or

(d) if you fail to dispute and bring the unauthorised or incorrectly executed Payment Transaction to our attention within 13 months from the date of the Payment Transaction.

7.2 No refund under clause 7.1 will be made until any investigation we need to undertake is complete and you have provided Us with any information We have reasonably requested. We reserve the right not to refund you if we believe you have not complied with this Agreement. You may be required to help us or our agents or any law enforcement agency on request if Your Card is lost, stolen or we suspect it is being misused.

7.3 Provided You have not acted fraudulently and neither of 7.1(c) or 7.4 apply, then You
will not be liable for any losses incurred in respect of an unauthorised Payment Transaction arising on a lost or stolen Card, if the loss, theft or misappropriation of your Card was not detectable to You prior to the execution of the unauthorised Payment Transaction. We will refund the amount of any such Payment Transaction that occurs which our investigations show were not authorised by You.

7.4 Notwithstanding the foregoing, in the event You have acted fraudulently, or You have wilfully or negligently breached this Agreement or have delayed in notifying Us that Your Card was lost or stolen then you will be liable for all losses incurred in respect of unauthorised Payment Transactions or otherwise arising as a result of the lost or stolen Card and We shall have no liability in connection with Your losses.

7.5 Where You believe Your Card is lost or stolen or You notice improper use of the Card or, in the event of disclosure of any, several or all of the Credentials, You must:

(a) IMMEDIATELY NOTIFY Us, by telephone to the Assistance Centre on (01) 687-7985 available on Business days between 09.00am GMT and 17.30pm GMT, or by the Website which is available 24/7; and

(b) CONFIRM the Notification in by email on info@swirlcard.com

(c) Notification must be made by You, except in case of force majeure. You are liable for
providing accurate and complete information to Us, including: - the Your first name and last name; and - the number of the Card.

7.6 You shall be fully liable for any consequences arising from any wrong, obsolete or incomplete information provided to Us.

7.7 You must provide Us with all requested information and supporting documentation which collaborates Your unauthorised Payment Transaction submission.

7.8 We will immediately block the Card upon receipt of a lost/stolen notification. You may request via Notification to block the Card for any reason whatsoever.

7.9 If You find the Card after the Notification, the Card must be cut in two and destroyed immediately.

8. REDEMPTION OF CARD FUNDS

8.1 If at any time You decide to cancel the Card and/or request redemption of the funds in the Card Account, the following rules will apply:

(a) The Card will be cancelled and we will consider such request to constitute notice that You wish to terminate this Agreement in accordance with clause 15.2 immediately following the receipt of Your redemption;

(b) a reimbursement can only be made by a single bank transfer to the account held in Your name and We reserve the right to request evidence of your identity and bank account ownership prior to making such transfer.

(c) We will only charge a cash out fee in accordance with Clause 10.1 if You request cash-back within 12 months of Card issuance.

9. WITHDRAWAL OF THE USE OF THE CARD

9.1 We may, 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 You. We 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. In such case you can request redemption in accordance with cause 8.

10. FEES & FOREIGN EXCHANGE

10.1 The amount of Fees and details of when they will be payable are set out below. Unless otherwise agreed, Payment Transactions and Fees will be debited in the currency of the Card Account: - ATM Cash withdrawal fee: €1.50 per withdrawal plus any fee charged by the ATM operator. - Purchase fee: 2.95 % of purchase value, minimum of €0.75 and maximum of €2.95. - Card Load Fee: Payable at Load Retailer for each load transaction - Load between €10 and €350 = €2.99 - Load between €351 and €500 = €3.99 - Inactive account fee: €3.50 per month, if the Card is not used in 2 consecutive months, the fee will be charged every consecutive month thereafter in which the Card is not used. No fee applies if card balance is 0. - Government Stamp Duty: 0.12c per ATM withdrawal (max charge €5) to qualifying cards at the end of December each year according to Irish revenue regulations. - 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.

10.2 Where the Card is used to conduct a Payment Transaction in a currency other than Euros, the applicable exchange rate shall be the Mastercard Reference Exchange Rate, plus a foreign exchange fee of five percent (5%) of the relevant Payment Transaction.

10.3 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. We will provide You with historic currency exchange rate information, for any relevant Payment Transaction, upon request.

10.4 You accept that exchange rates may vary at any time and agree that any changes in exchange rates, will be applied immediately without prior notice, if the changes are based on the Reference Exchange Rate(s). Further information on the rate applicable following such a change may be provided to You upon simple request.

10.5 The Fees listed in Clause 10.1, reflect all Fees and Charges which are debited exclusively by Us. We retain no liability for any fees or charges which may or may not be agreed upon between You and other third parties, where applicable.

11. LIABILITY

11.1 We shall not be liable for any damages if the Card or a specific Payment Transaction
is refused or not honoured by a merchant, bank, or ATM. We do not bear any responsibility for errors committed by merchants or banks or ATMs. We will not be obliged to enter into any dispute arising between You and a merchant or bank. A dispute with a merchant or bank does not absolve You from complying with regulations governing the use of the Card and this Agreement.

11.2 We shall not be liable if the card is unable to perform its obligations under this Agreement due to the failure of any machine, data processing, system or transmission link or to industrial dispute, altered legislation or licence requirements or additionally, and without limitation anything outside Our control or the control of Our agents or contractors.

11.3 Without prejudice to the above, Our liability in association with this Agreement, shall
be limited to losses arising directly from our gross negligence or wilful default and to the total balance of Card Funds at any particular time. In no circumstances will We have any liability for any indirect or consequential losses of any type.

12. CONTACT DETAILS

12.1 To report claims or errors regarding Card Funds or for general information about the Card, We can be contacted via - the Assistance Centre on +353 (0) 1 687 7985; - e-mail to info@swirlcard.com;
- When calling or writing the following information needs to be provided: • name and Card serial number (found on the Card’s reverse side); • a description of the suspected error or transaction and/or the reason of the information request; • the local currency and amount of the suspected error or transaction; and • Your date of birth, current address and telephone number.

13. MODIFICATIONS

13.1 We reserve 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) months before becoming effective. Changes to these Terms which are more favourable to you or a change to the Issuer may be made immediately without further notice to you.

13.2 You hereby:

(a) acknowledge that Your relationship with Us is primarily based on electronic communications, made in particular through the Website and accept this method of communication as appropriate to the nature of Your relationship with Us;

(b) confirm acceptance of the Agreement and will contact and notify Us in accordance with this Agreement, should you not accept future changes to this Agreement where you will have the right to terminate the Agreement immediately without charge;

(c) declare that You will regularly check the Website, Card Funds balance and transaction history; and

(d) accept to be informed of any Agreement changes by means of the Website.

13.3 Continued use of the Card and associated services after a change to this Agreement confirms Your acceptance of such changes.

14. TERMINATION OF THE AGREEMENT

14.1 This Agreement is entered into by Us and You for an indefinite period of time.

14.2 You are entitled to terminate this Agreement without notice and We are entitled to terminate this Agreement on provision of two (2) months’ notice to You

14.3 Upon termination of the Agreement, You are no longer authorised to use the Card. Any positive Card Funds balance in the Card Account will remain for a period of 6 years from the Card expiry date or date of termination of this Agreement (whichever is the earlier). You may contact the Assistance Centre to request your positive balance of Card Funds be redeemed at any time within the 6-year period in accordance with clause 8. A fee may apply, and You may need to provide certain information and identity documents before such return of Card Funds can be made by Us. Any Card Funds remaining after 6 years will not be refunded We shall accept no liability in relation to the consequences arising from the termination of the Agreement.

15. DATA PROTECTION

15.1 You explicitly consent to Us accessing, processing, and retaining any information You provide to Us, for the purposes of providing payment services to You. This does not affect our respective rights and obligations under data protection legislation. You may withdraw this consent by closing Your Card Account(s) which will cancel all Cards issued to you. If You withdraw consent in this way, We will cease using Your data for this purpose, but may continue to process Your data for other purposes where We have other lawful grounds to do so, such as where We are legally required to keep records of Transactions or as necessary to evidence compliance with anti-money laundering law and regulation.

15.2 You acknowledge and accept that: (i) when speaking to our Customer Services agents, Your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; (ii) for fraud and security purposes Your records are kept by Us even after Your Card Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants with whom You make a Transaction: name, Account number, jurisdiction, country of residence, nationality, residential address, postal code, email address, date of birth, and/or IP address.

15.3 We may transfer Your data to third countries, including those outside the EEA but if We do then We will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined Our privacy policies. You can view the privacy policy of PerfectCard DAC at https://www.perfectpaas.com/Help/PrivacyPolicy and the privacy policy of EML Payments Europe Limited at https://www.emlpayments.com/privacy.

16. RECORDING OF PHONE CONVERSATIONS AND ELECTRONIC COMMUNICATIONS

16.1 You acknowledge and agree that We have the right to register and keep records of telephone and electronic communications. The failure by Us to register and keep any record of such communications shall not trigger any liability by Us.

17. ANTI-MONEY LAUNDERING COMPLIANCE

17.1 In accordance with applicable legislation to fight money laundering and financing of terrorism the establishment any client relationship, is subject to proper identification by Us. You hereby represent that you will without delay, disclose any requested information (which may include evidence of your identity) to Us and inform Us of any relevant changes and consent to Us using your email or mobile phone number to send you requests to provide or update such information. We may be unable to issue you with a Card or may need to stop or restrict your use of the Card if we are not provided with this information.

17.2 You are obliged to inform Us should you change address.

18. GOVERNING LAW AND JURISDICTION

18.1 This Agreement shall be exclusively governed by and interpreted in accordance with the laws of Ireland and the courts of the Republic of Ireland shall have non-exclusive jurisdiction.

18.2 This Agreement is entered into in English and all communication with you will be in English.

18.3 The Card is managed by Smart Transfer Ltd. If you are unhappy in any way with your
Card or the way it is managed, tell us by using the e-mail enquiry facility on the Website so we can investigate the circumstances for you. Any complaints you have will be dealt with quickly and fairly. You may be able to take unresolved complaints to the Financial Services and Pensions Ombudsman at 3rd Floor, Lincoln House, Lincoln Place, Dublin 2, D02 VH29. Telephone: +353 (0)1 567 7000and e-mail: info@fspo.ie enquiries@financialombudsman.ie

19. CARD ISSUER AUTHORITY

19.1 The e-money associated with Your card is issued by PerfectCard DAC, whose principle address is Second Floor, La Vallee House, Upper Dargle Road, Bray, Co. Wicklow, A98W2H9, Ireland, as authorised as an Electronic Money institution by the Central Bank of Ireland under the Electronic Money Regulations 2011 (C95957). The card is issued by PerfectCard DAC pursuant to a licence by Mastercard International. Your SWIRL Card is the property of PerfectCard DAC and is not transferrable to anyone else.

Mastercard is a registered trademark, and the two circles design is a trademark of Mastercard International Incorporated.