SWIRL GIFT CARD GENERAL CARDHOLDER TERMS AND CONDITIONS

1.1 These terms and conditions (“T&Cs”) apply to your Mastercard® card (“Card”) (whether physical or digital) and its use. You must read them carefully. In these T&Cs:  

1.1.1 “Approved Merchants” has the meaning given to it in section 2.8;  

1.1.2 “Balance” means any amount loaded onto your Card, less any purchases, authorizations (including pre-authorisations), fees and charges or other amounts debited under these T&Cs; 

1.1.3 “Cardholder Portal” and “Wallet” means the SWIRL mobile app and the online platform (accessible from the Distributor’s website) through which individual Cardholders can create or login to their user account and, among other things, access their account Balance and review their transaction history. Use of the Cardholder Portal and Wallet are subject to the Smart Transfer Ltd Terms. 

1.1.4 “Smart Transfer Ltd Terms” means any terms and conditions governing your use of the Cardholder Portal and Wallet, published by Smart Transfer Ltd and available on the Cardholder Portal, Wallet and/or Website; 

1.1.5 “Distributor” means Smart Transfer Limited, a company registered in Ireland under company number 399931 and registered office at Units N1 and N2 Second Floor, Naas Town Centre, Naas, Co. Kildare, Ireland. (“Smart Transfer Ltd”) 

1.1.6 “EML“, “we” “us” or “our” means EML Money DAC, a company registered in Ireland with Company Number 423276, with a registered address at 2nd Floor, La Vallee House, Upper Dargle Road, Bray, Co. Wicklow, Ireland; 

1.1.7 “You“, “your”, or “Cardholder” means the Cardholder and the authorised user of the Card; 

1.1.8 “Website” means the program website at https://www.swirlcard.com/corporate-gift-card/. 

Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular. 

1.2 Using your Card indicates your agreement with these T&Cs. 

2.1 Your Card is issued by EML Money DAC (“EML”) (the “Issuer”), whose principal office is at Second Floor, La Vallee House, Upper Dargle Road, Bray, County Wicklow, A98 W2H9, Ireland. The Issuer is regulated by the Central Bank of Ireland (the “CBI”) (Register ref: C95957). The Issuer is authorised to issue e-money under a license from the CBI.  

2.2 The Issuer is licensed as a principal member of the Mastercard scheme. Mastercard is a registered trademark of Mastercard International.  

2.3 Your Card is distributed by Smart Transfer Ltd trading as Swirl Card on behalf of the Issuer and is issued under the Swirl Gift Card program. 

2.4 The Issuer authorises you to use your Card on the basis set out in these T&Cs.  

2.5 In order to use a Card, you must be at least 18 years old and a resident of EEA. Your Card is not a credit card and is not in any way connected to your bank account. You will not earn any interest on any funds held as a Balance or spent through your Card.  

2.6 Your Card is a physical card and/or a virtual card intended for use in conjunction with your Wallet. 

2.7 Your Card is a prepaid, non-reloadable payment card that can be used to pay for goods and services at participating retailers. Your card can be physical or virtual.  

2.8 You can use your Card to make purchases from merchants displaying the Mastercard acceptance mark, subject to the exceptions in this section (“Approved Merchants”). You can only use your Card to make purchases from Approved Merchants. Approved Merchants do not include limited acceptance merchants that do not accept prepaid debit cards and certain other categories of transactions including, but not limited to: money transfers, video entertainment rentals, quasi cash merchants and gambling.   EML cannot guarantee that a particular retailer or business will accept a Card. You should always check with the retailer before attempting a transaction. 

2.9 Your Card cannot be used to make recurring payments i.e. subscription payments, automatic payments or recurring billing. We have no control over how a merchant processes their payments or how they send a transaction to us for authorisation. 

2.10 You agree to comply with applicable law and to provide all necessary information and documentation to us to allow us to comply with our requirements (including under applicable law) which includes, but is not limited to, laws concerning Cardholder identification and verification and Mastercard scheme rules. You agree that you may be unable to use the Card and/or any Card funds in the Card account until you have provided us with the required information and that such information is accepted by us as satisfactory.  

3.1 The following limits shall apply to your Card: 

3.2 If you have multiple Cards through your SWIRL mobile app, the limits set out in section 3.1 shall apply to each Card separately. You may activate Cards totalling a maximum value of €3,500 per account annually. 

3.3 Upon activation of your Card, your Balance will be available for use on the Card. We reserve the right to refuse to accept any particular Card transaction. 

3.4 If your Card is used to purchase goods or services in a currency other than the currency of your Card, then the amount of the transaction will be converted to the currency of your Card on the day we receive details of it. Mastercard will use the authorised conversion rates applicable for such a transaction which are not set by us or by Smart Transfer Ltd. Any changes made by Mastercard will be effective immediately. 

4.1 For fraud prevention reasons, your Card use may be queried, and may be blocked from further usage, either completely or only in certain territories or merchants.  

4.2 We may ask you to stop using your Card, to return it to us or delete it. We may at any time suspend, restrict or cancel your Card or refuse to issue or replace a Card for reasons relating to the following: 

4.2.1 we are concerned about the security of your account or Card(s) we have issued to you; 

4.2.2 we suspect your account is being used in an unauthorised or fraudulent manner; or 

4.2.3 we need to do so to comply with applicable law. 

4.3 If we do this, we will inform you as soon as we can or are permitted to do so. Like other payment cards, we cannot guarantee a retailer will accept your Card. We may also refuse to pay a transaction: 

4.3.1 if we are concerned about the security of your Card or we suspect your Card is being used in an unauthorised or fraudulent manner; 

4.3.2 if sufficient funds are not loaded on your Card at the time of a transaction to cover the amount of the transaction; 

4.3.3 if we have reasonable grounds to believe that you are acting in breach of these T&Cs; 

4.3.4 if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or 

4.3.5 because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions. 

4.4 If we refuse to pay a transaction, we will promptly tell you why, if practicable, unless it would be unlawful for us to do so. You may correct any information we hold and which may have caused us to refuse a transaction through the Cardholder Portal (see section 7) or by contacting customer services (see section 16). 

5.1 A Card transaction will be regarded as authorised by you when you proceed with the transaction at the point of sale with an Approved Merchant: 

5.1.1 for online sales, providing the relevant Card information; or 

5.1.2 for in-person sales, presenting your physical Card to the Approved Merchant for payment. 

5.2 Subject to the features of the particular Card, your authorisation of a transaction can include any single transaction, or a pre-authorisation of future transactions of a certain or uncertain amount. 

5.3 You will not be able to use your Card during any suspension periods (as applicable) or after its Expiry Date (as defined below). While you may use the Card, the Card always remains our property. 

6.1 You can ensure the security of your Card and access/update information related to your Card through the following functions in the SWIRL mobile app: 

6.1.1 Card Transaction History – it is your responsibility to monitor any transactions to help prevent fraud and unauthorised use of your card; 

6.12 Card Registration Details – it is your responsibility to keep your Card registration details up to date; and 

6.1.3 Lock/Unlock Card Service – you can lock and unlock your card from the within the SWIRL mobile app. 

7.1 The Card will expire on the date printed on the card (the “Expiry Date”). After the Expiry Date, you cannot use the Card. This agreement will continue until the Expiry Date, or is cancelled earlier by either party. 

7.2 We may also cancel or suspend your Card or account immediately if we believe your Card is deliberately being used by you in breach of these T&Cs, which includes but is not limited to, committing fraud or for other illegal or unlawful purposes. If we do this, we will tell you as soon as we are permitted to do so. If your Card and/or account is cancelled or suspended, we will immediately block your Card so that it cannot be used. You can cancel your Card at any time by contacting customer services in accordance with section 16 below.  

7.3 You will not be entitled to redeem any funds remaining on your Card (see section 12 below).  If you have funds remaining on your Card after the Expiry Date you may request a replacement card by contacting customer services in accordance with section 16 below. 

You should treat your Card like cash. If your Card or device that holds your Wallet is lost or stolen, and transactions are authorised before you notify us in accordance with section 9 below, you may be liable for some or all of the balance of a transaction, or transactions, made on your Card prior to such notification. As a result, you must keep your Card and your device storing your Wallet safe and not let anyone else use your Card. 

9.1 You must lock your Card by contacting customer services without undue delay if you know or suspect your Card or the device that holds the Wallet your Card has been added to is lost or stolen. 

9.2 Incorrectly Executed Transactions 

9.2.1 If a transaction initiated by a merchant has been incorrectly executed and we receive proof from the merchant’s payment service provider that we are liable for the incorrectly executed transaction, we will refund you as appropriate and without undue delay the full transaction amount and any associated transaction fees, charges and interest payable under these terms and conditions. 

9.2.2 We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the merchant’s payment service provider, in which case they will be liable and you should contact the merchant (see section 15 below). 

9.2.3 If you initiate a transaction that is incorrectly executed, we will refund without undue delay the transaction and any associated transaction fees, charges and interest payable under these T&Cs. 

9.3 Unauthorised Transactions 

9.3.1 We will refund any unauthorised transaction and we will limit your liability to €50 for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card’s details, except where: 

9.3.2 the loss, theft or misappropriation of the Card was not detectable by you before the unauthorised transaction took place; or 

9.3.3 the loss was caused by acts or omissions of one of our employees or agents, in which case you are not liable for any losses. 

9.4 However, if investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence (for example by failing to keep your Card, device, or Wallet secure), you may be liable for any loss we suffer because of the use of the Card.   

10.1 We will not be liable for any loss arising from: 

10.1.1 any cause which results from abnormal or unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all our efforts to the contrary; 

10.1.2 a retailer refusing to accept your Card (unless we have acted with gross negligence or wilfully in this regard); 

10.1.3 our compliance with legal and regulatory requirements; or 

10.1.4 loss or corruption of data unless caused by our gross negligence or wilful default. 

10.2 Subject to applicable law, our liability shall be limited to the Balance of your Card at the time that the event giving rise to any claim occurs. 

10.3 Nothing in these T&Cs shall exclude or limit liability in respect of death or personal injury arising from our gross negligence or fraudulent misrepresentation. 

11.1 You may be entitled to claim a refund in relation to transactions where: 

11.1.1 the transactions were not authorised by you in accordance with these T&Cs; or 

11.1.2 we are responsible for a transaction which was incorrectly executed and you notified us in accordance with section 9 above. 

11.2 You will not be able to claim a refund for any unauthorised transactions arising from use of a lost or stolen Card where you notified us of such transactions more than 13 months from the date the transaction was debited to your Card. 

Gift Cards cannot be resold, transferred for value, or redeemed for cash. While you may use the Card, you agree that you do not have the right to redeem the funds on the Card and that the Card always remains our property. If you have funds remaining on the Card at the Expiry Date you should contact us, and we will reissue a new Card to you. 

We may change these terms at any time by notifying you on the Website or the Cardholder Portal at least two (2) months before the change is due to take effect. The most current version of these T&Cs will always be available on the Cardholder Portal and Website. The change will automatically take effect and you will be taken to have accepted the notified change unless you tell us that you do not agree to the change. In that event, we will treat that as notification that you wish immediately to terminate this agreement and you shall be allowed to do so without any additional charge at any time. 

14.1 We do not charge you any fees for checking your on-line Balance and transactions. However, the following fees do apply and will be added to any transaction amounts or assessed against the Card Balance: 

14.2 All transaction fees are charged at the time of transaction and are included in the total purchase price. 

14.3 Certain merchants may charge an additional fee if the Card is used to purchase goods and/or services. This fee is determined and charged by the merchant and is not retained by us. 

If you have any disputes about transactions you made using your Card you must follow the Approved Merchant’s processes and any applicable banking codes and policies. If you are unsuccessful, you can contact us (as set out below in section 16) and we may be able to raise a chargeback claim under the Mastercard scheme rules on your behalf.  We cannot guarantee that we will be able to raise a claim or that it will be successful.  Neither EML nor Smart Transfer Ltd are responsible for the quality, safety, legality or any other aspect of any goods or services purchased with your Card. Remember that once your Card has been used to make a purchase we cannot stop that transaction. 

16.1 If you have any enquiry relating to your Card, you can contact Smart Transfer Ltd’s customer services at: 

• Customer service email: info@swirlcard.com 
• Customer service phone: 01- 6877 985 (+353 1 6877 985 if calling from abroad) 

16.2 If we need to contact you (for instance, in the event of suspected or actual fraud or security threats), Smart Transfer Ltd (or us on Smart Transfer Ltd’s behalf) will notify you via email, telephone, within the Wallet or push notification prompting you to contact customer services. 

17.1 If you are unhappy with, or require support concerning, the Card, you should contact Smart Transfer Ltd’s customer services (as set out above in section 16) so the circumstances can be investigated for you. Once your Card complaint is received by Smart Transfer Ltd, a further investigation will be undertaken, and you will receive a response within 15 business days of receipt of the complaint. In exceptional circumstances where a reply is not possible within the first 15 business days, Smart Transfer Ltd will reply providing a reason for the delay and deadline for response, not more than 35 business days after first receipt of complaint. 

17.2 Following the investigation if you are still unhappy with your Card or the way it is managed you may also complain to the Financial Services and Pensions Ombudsman at 3rd Floor, Lincoln House, Lincoln Place, Dublin 2, D02 VH29. Telephone: +353 (0)1 567 7000 or by using their online facility to submit a complaint. Note, any complaint by you to the Financial Services and Pensions Ombudsman in relation to the Card should be made against EML Money DAC as the issuer of the Card. 

The Card provided by the Issuer is an electronic money (e-money) product and although it is a product regulated by the Central Bank of Ireland, no compensation scheme exists to cover losses claimed in connection with the Card. 

We may assign these T&Cs to another company at any time, on giving you no less than two (2) months’ prior notice of this. If we do this, your rights or obligations under these T&Cs will not be affected. 

Any waiver or concession we may allow you, will not affect our strict rights and your obligations under these T&Cs. 

These T&Cs and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of these T&Cs. 

If any part of these T&Cs is, for any reason, held to be illegal, invalid or unenforceable – (i) that part is to be read down to the extent necessary to preserve its operation and, if it cannot be read down, it is to be severed, and (ii) the legality, validity and enforceability of the remainder of these T&Cs shall not be affected thereby and shall remain in full force and effect to the greatest extent permitted by law. 

In using your Card provided by the Issuer (EML Money DAC) in conjunction with your Smart Transfer Ltd account, you agree that your personal data will be processed in order to provide the Card and its services. 

As the issuer of the Card, EML Money DAC is a Data Controller in relation to the provision and operation of your Card. For full information in relation to how we collect personal information about you, how we use it and how you can interact with us, see our privacy information notice, https://www.emlpayments.com/privacy/ . 

In respect of the use of the Wallet and Cardholder Portal, Smart Transfer Ltd’s privacy policy will apply in accordance with the Smart Transfer Ltd Terms. 

These T&Cs are concluded in English. All communications with you will be in English wherever possible. In the event these T&Cs are translated into any language other than English then the English language version shall prevail. These terms shall be governed by and interpreted in accordance with the laws of Ireland and any dispute or claim arising from or in relation to these T&Cs shall be subject to the exclusive jurisdiction of the Irish courts.