SWIRL GIFT CARD ORDERING TERMS AND CONDITIONS

In this Card Agreement the following terms have the meanings set out below:

“Account Limits”: The maximum thresholds set by SWIRL CARD for various activities related to the Card, including but not limited to the total value of funds that can be loaded onto the Card, the maximum balance that can be held on the Card, and any other transactional limits imposed for security or regulatory reasons.

“ATM”: Automated teller machine, not applicable to SWIRL CARD Mastercard Gift Card.

“Available Balance”: Any unspent funds loaded onto the Card which are available to pay for transactions and fees.

“Business Day”: Any day other than a Saturday, Sunday or national public holiday on which banks are open for business in Ireland.

“Card Agreement” or “Agreement”: These terms and conditions governing the use of a Card and Card Services.

“Card”: A non-reloadable payment card for goods and services at participating retailers. Cards do not include PIN or ATM access.

“Card Balance”: Any unspent Card Funds loaded onto a particular Card which are available to pay for transactions and fees and charges payable under this Card Agreement.

“Card Funds”: Monies available for spend on any individual Card once topped up by Funds.

“Card Services”: Services associated with the Cards provided by SWIRL CARD to the Company or Cardholders.

“Cardholder”: The end user of this Product, such as the individual to whom the Company has assigned the Card, and who will use the Card in accordance with the terms of the cardholder agreement on account creation.

“Cardholder Fees” or “Service Fees”: Fees set out in clause 6 of this Card Agreement.

“Company Representative”: Individual, 18 years or older, authorised by the Company to enter this Card Supply Agreement on behalf of the Company and administer the Cards under the terms of this Card Agreement.

“Company” or “You”: Corporate entity or sole trader who has entered into this Card Agreement for the provision of Employee reward cards.

“EEA”: The European Economic Area.

“Employee”: Any individual who is employed by the Company and is eligible to receive and use a Card under the terms of this Card Agreement.

“Expiry Date”: The date printed on a Card which is the date it will no longer work.

“Funds”: Represent the monies being transferred to the Wallet by You, whether through IBAN transfer or payment by debit/credit card. Referenced on the invoice as total card value, these Funds will be converted into Card Funds on your instruction to load the Cards.

“Order”: Order of Cards from the Company under the terms of this Card Agreement and the applicable Order Form.

“Order Form”: The form submitted by phone, electronic communication or online via the Website by the Company for the Cards and Card Services.

“Payment Transaction”: Any purchase of goods or services initiated by the Cardholder using the Card, whether made in-store or online. Funds cannot be transferred or withdrawn from the Card.

“PIN”: Gift cards are swipe and sign; no Pin is provided with the card.

“Privacy Policy”: SWIRL CARD privacy policy available online at the website.

“Reference Exchange Rate”: The exchange rate used by SWIRL CARD, as provided by Mastercard or other designated financial institutions, for converting transactions made in a currency other than the base currency of the Card. This rate is applied at the time the transaction is processed.

“Shortfall”: Any amount by which the value of transactions made using the Card exceeds the Available Balance on the Card at the time of the transaction, resulting in a negative balance.

SWIRL CARD, “Us”, “We” or “Our”: Smart Transfer Ltd (trading as Swirl Card), as authorised distributors of cards by EML Money DAC (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.)

“SWIRL App”: Online platform (mobile app) accessible to individual Cardholders on which they can login to their User Account and, among other things, register their card for 3D Secure, access their account balance and review their transaction history. Use of the SWIRL App is subject to the terms of the cardholder terms and conditions.

“User Account”: Individual Cardholder’s user account, accessible online or via the SWIRL App.

“Wallet”: Client funds holding wallet where funds are transferred and securely held by our card issuer, EML Money DAC, until they are loaded onto the Cards in accordance with the terms of this Card Agreement.

“Website”: SWIRL CARD’s website available at https://www.swirlcard.com/corporate-gift-card/

1.1 This Card Agreement is between Smart Transfer Ltd. t/a SWIRL CARD and the Company and sets out the general terms and conditions that apply to the provision of gift card services.

1.2 The Cards are issued by EML Money DAC, whose principal office is: 2nd Floor, La Vallee House, Upper Dargle Road, Bray, Co. Wicklow, Ireland. EML Money DAC is authorised by the Central Bank of Ireland under the Electronic Money Regulations 2011 (Register Ref: C95957). SWIRL CARD (t/a SMART TRANSFER LTD) reserves the right, at its sole discretion, to change or appoint a different card issuer at any time without prior notice. Cardholders will be informed of any such changes in accordance with the terms of this agreement and all applicable laws and regulations.

1.3 The Cards, and the e-money associated with the Cards are issued by EML Money DAC under a license by Mastercard International Incorporated and distributed by Smart Transfer Ltd t/a SWIRL CARD.

1.4 The Company accepts this Card Agreement by either:

completing an Order Form; or

transferring Funds to the Wallet details provided on the invoice in accordance with clause 3; or

making a payment by debit/credit card.

1.5 Subject to clause 1.6, this Card Agreement will commence when the Company Representative confirms agreement to this Card Agreement, or when a Cardholder activates or uses a Card, and will terminate in accordance with clause 11.

1.6 Subject to clause 11 (Termination), this Card Agreement will continue until all Cards issued under this Card Agreement have reached their Expiry Date or when the Card Balance has reached 0 (zero).

1.7 SWIRL CARD reserves the right to refuse the Company’s Order and/or activate Cards if there are reasonable grounds to suspect fraudulent or illegal activities. If refusal occurs, the Company will be informed, but not necessarily the reason for refusal. Any funds paid will be refunded as soon as possible.

2.1 The Card is a regulated financial product, and SWIRL CARD is therefore required under applicable law to obtain and hold certain information about its customers. This information is used to satisfy SWIRL CARD’s regulatory obligations and to assist SWIRL CARD in administering the Card, helping to identify if it is lost or stolen.

2.2 To complete an order for Cards, you must be a Company Representative of a body corporate (e.g., a company) or sole trader acting in the ordinary course of business, which is registered and/or incorporated.

2.3 As part of its KYB procedures required under applicable law, SWIRL CARD may require information about the Company and its representatives (including, as applicable, employees or clients) to complete an Order, including (but not limited to):

2.3.1 the legal name of the Company;

2.3.2 the registered address of the Company;

2.3.3 the names and dates of birth of directors;

2.3.4 the names and dates of birth of any natural person(s) who exercises executive control over the daily or regular affairs of the Company.

2.4 SWIRL CARD will require the information set out in clause 2.3 and any documentary evidence required to support such information prior to completion of an Order. SWIRL CARD will electronically verify this information using online KYB verification services. By entering into this Card Agreement, you, as Company Representative, consent to these verifications taking place.

2.5 The Company Representative must provide all information reasonably required by SWIRL CARD (acting in accordance with applicable law) to fulfil its anti-money laundering obligations in respect of any Cardholders.

2.6 As part of the Order and any future orders, the Company Representative may request additional Cards for Cardholders. This Card Agreement also applies to any additional Cards and Cardholders that SWIRL CARD provides to the Company. Employees will be required to register all cards in their own name and details and agree to the cardholder terms and conditions.

2.7 The Company represents and warrants to SWIRL CARD that:

2.7.1 it is a body corporate or other entity, which is duly incorporated or registered, or a partnership, acting within the scope of its ordinary course of business.

2.7.2 it is duly authorised to enter into the Card Agreement and to perform its obligations hereunder, and the Corporate Representative entering into this Agreement on its behalf is duly authorised to represent and bind the Company; SWIRL CARD Agreement Effective 1 January 2024.

2.7.3 The Company complies with all applicable anti-money laundering and sanctions laws and are not aware of any breach by the Company Representative or any Employees of any such laws; and

2.7.4 if the Company becomes aware that any authorised person is (or will be) in breach of the terms of the Agreement, the Company will take steps to remedy the breach and/or prevent the authorised person concerned from using the Card.

3.1 Subject to the successful completion of any KYB requirements under Clause 2, and once the full and correct ordering process has been completed and payment has been received by SWIRL CARD, funds will be loaded onto the cards. The full and correct ordering process includes the following steps:

The Company Representative places an order with SWIRL CARD.

SWIRL CARD issues an invoice to the Company Representative (applicable for IBAN orders).

The Company Representative completes payment via bank transfer or debit/credit card.

The Company Representative confirms receipt of the cards.

3.2 The following load limits apply to each Card at time of publication:

Max Load and Balance: €1000

Min Load: €15

3.3 For orders that remain inactive and have not been loaded with Funds for a period exceeding six months from the date of purchase, SWIRL CARD reserves the right to load the Funds onto the Cards. This action is taken to ensure that the ordered Cards are activated and usable.

3.4 Before proceeding with loading the Card Funds, SWIRL CARD will make reasonable efforts to contact the Company Representative to confirm the intention to load the Funds. If there is no response within 14 business days of the notification, SWIRL CARD will proceed with loading the Funds onto the Cards.

3.5 Once the Funds are loaded, the Cards will be considered active and ready for use. The Company Representative will be notified that the Card Funds have been loaded, and standard Terms and Conditions regarding the use of the Cards will apply.

3.6 If the Company has specific reasons for delaying the loading of Card Funds beyond six months, they must communicate this in writing to SWIRL CARD prior to the end of the six-month period. SWIRL CARD will consider such requests on a case-by-case basis.

4.2 On receipt of Your notification and evidence in accordance with 4.1 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 4.2 does 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.

4.1 Company Representatives are encouraged to review this Card Agreement for an overview of the specific features of the Card. For the full Cardholder Terms and Conditions, please visit the SWIRL CARD website.

4.2 While a Card is designed for use at any location worldwide that displays the Mastercard Acceptance Mark, SWIRL CARD cannot guarantee that a particular retailer or business will accept a Card. It is essential to understand that individual businesses may have their own policies and preferences regarding card payments. Swirl Gift Card holders are encouraged to inquire with the respective merchant or service provider about the acceptance of Swirl Cards for their specific transactions.

Additionally, SWIRL CARD may block a Card for use with certain businesses to prevent the use of Cards for unlawful or unauthorised activity, such as:

Money transfers (i.e., transfer of the Card Funds to a cash account);

Gaming transactions (i.e., the use of the Cards with gambling organisations);

Charitable and social organisations (i.e., the use of the Cards to donate to charity fundraising organisations or receive funds from same);

Video entertainment rental stores (i.e., the use of the Cards to rent on demand video entertainment); and

Quasi-cash transactions (i.e., where the Card funds are exchanged for a token or other instrument which can be exchanged for cash. For example, on PayPal, Revolut or a cryptocurrency exchange).

4.3 The list provided in clause 4.2 is non-exhaustive and SWIRL CARD reserves the right to block the use of a Card at any time where it has reasonable suspicion that the Cards could be used for unlawful or fraudulent purposes.

4.4 Before using the Card, it is the responsibility of the Cardholder to ensure that there are sufficient Card Funds on it to cover a purchase. A Cardholder will not be able to use a Card after its Expiry Date.

4.5 A Card is not a credit card and is in no way connected to a bank account. Neither the Company nor Cardholders will earn any interest on any Funds transferred to the Wallet or loaded onto a Card.

4.6 When a Cardholder receives a physical Card, it will be issued in an inactive state. To activate the Card, the Cardholder must log into the SWIRL App and follow the activation instructions. Activation must be completed before the Card can be used. For further details, see clause 5.

4.7 Detailed instructions on how to use a Card are found on the Website. The Cardholder will need to follow these instructions when using their Card. SWIRL CARD will deduct the value of any transactions from Card Funds on the relevant Card as soon as they are made. SWIRL CARD will also deduct any applicable fees as soon as they become payable by the Cardholder. Please see Cardholder Terms and Conditions for further details.

4.8 A Card may only be used by employees of the Company who have been assigned the Card. Activation and use of the Card are restricted to these employees only. The Card is otherwise non-transferable, and Cardholders are not permitted to allow any other person to use the Card.

4.9 A Card should be treated with the same care and security as physical cash:

Loss or Theft: If a Card is lost or stolen, it is essential to report it immediately to our customer support team. Until reported, anyone in possession of the physical Card may use its value. Once reported, we will take steps to secure the Card’s remaining balance.

Unauthorised Use: Any unauthorised use or fraudulent activity associated with a Card may result in the suspension or cancellation of the Card.

By using a Card, Cardholders acknowledge and accept the responsibility of treating the Card as a valuable financial instrument, equivalent to cash, and agree to adhere to the guidelines outlined in this section.

4.10 Cards cannot be redeemed for cash or used for cash withdrawals from ATMs or financial institutions. They are intended for point-of-sale transactions at participating merchants only.

4.11 SWIRL Cards do not accrue interest and are not subject to any fees unless explicitly stated otherwise in the terms and conditions provided at the time of card issuance.

4.12 Some SWIRL Cards may have an expiration date. Please check the Card for any expiration details to ensure that the Card’s value is utilised within the specified timeframe.

4.13 A transaction will be deemed authorised when any of the following authorisation methods are used at a merchant or retailer’s point of sale:

Swiping the magnetic stripe of the card.

Signing a transaction receipt.

Entering the card details as requested during the transaction process.

Certain retailers or services (such as hotel bookings or car hire agents) may place a pre-authorisation amount on the available Card Funds on a Card, resulting in a hold over such Card Funds until the relevant retailer or service provides SWIRL CARD with the final payment of the purchase. On receipt of the final payment amount, this pre-authorisation amount will be removed. During this period, the Company and Cardholders will not have access to this pre-authorised amount.

4.14 In the unlikely event a transaction is completed when there are insufficient Card Funds on the Card for that transaction (a “Shortfall”), the Shortfall shall be reimbursed by a Cardholder unless it is due to an error on the part of the retailer where the Card was presented. In this circumstance, SWIRL CARD will seek the Shortfall from the retailer.

The Cardholder agrees that once SWIRL CARD makes this Shortfall known to the Cardholder, SWIRL CARD may charge such Cardholder for the Shortfall amount. SWIRL CARD may charge the amount of the Shortfall from any other payment method which the Company may designate at that time, or against any funds which the Company may subsequently load onto its Wallet.

Until SWIRL CARD is reimbursed the Shortfall amount, SWIRL CARD may suspend the Card and any additional connected Cards. In addition, SWIRL CARD reserves the right to charge the Company an Administration Service Fee for each transaction that a Cardholder makes using a Card that results in a Shortfall or increases the Shortfall amount.

4.15 When a Cardholder has transactions in a currency other than the base currency of the Card, SWIRL CARD will make the exchange immediately to convert the foreign transaction into the base currency of the Card. Cardholders accept that exchange rates may vary at any time and agree that any changes in exchange rates will be applied immediately without prior notice. Further information on the rate applicable following such a change may be provided upon simple request.

5.1 Prior to using their Card, it is a mandatory requirement that the Cardholder complete registration in the SWIRL App. Card registration will necessitate the provision of the following information of the Cardholder (not the Company who has gifted the card):

Name: The full legal name of the cardholder.

Date of Birth: The cardholder’s exact date of birth.

Mobile Number: A valid and functioning mobile phone number that can receive verification codes and updates related to the card.

Residential Address: The residential address of the cardholder, which must be located within the Republic of Ireland.

The Cardholder will be able to manage their card from the SWIRL App including viewing their Card Funds and reviewing their recent transaction history.

SWIRL CARD reserves the right to update or modify the required registration information in accordance with legal and regulatory compliance changes. Any such changes will be communicated to Cardholders in a timely manner to ensure continued compliance and security of card usage.

5.2 Cardholders may activate Gift Cards totalling a maximum value of €3,500 per account annually. If this limit is exceeded, additional KYC checks may be required by the Cardholder.

5.3 We reserve the right to adjust the Account Limits at any time, particularly in response to changes in Irish or European regulations, or for any objectively justified reason. We will provide Cardholders with two months’ notice of such changes, which will be reflected in the updated Terms and Conditions. Cardholders are welcome to contact us at any time to inquire about the current Account Limits.

6.1 Service Fees and Cardholder Fees apply under this Card Agreement as set out in clauses 6.2 and 6.3. These fees are correct at the time of publishing but may be subject to change. 

6.2. Service Fees for ordering Cards 

6.2.1 IBAN Order Fees; When ordering and paying by bank transfer (IBAN), the following fees apply: 

6.2.2 Credit or Debit Card Payment Processing Fees; If paying by credit or debit card, the following payment processing fees apply: 

6.3 Cardholder Fees 

6.3.1 Account Maintenance Fees 

• There are no account maintenance fees for the first 12 months, starting from the date the card is loaded. 

• After the initial 12 months, a monthly account fee of €3.50 will be charged, but only if there is a balance on the card.  

7.1 For fraud prevention reasons, Card usage may be queried, and SWIRL CARD may block further usage. In such circumstances, the Company Representative or Cardholder can contact Customer Services in accordance with clause 14.

7.2 SWIRL CARD may ask the Cardholder to stop using their Card and return it to us or destroy it. SWIRL CARD may at any time suspend, restrict or cancel a Card or refuse to issue or replace a Card for reasons relating to the following:

7.2.1 SWIRL CARD is concerned about security of the User Account, or the Card issued by SWIRL CARD to the Cardholder;

7.2.2 SWIRL CARD suspects an account is being used in an unauthorised or fraudulent manner; or

7.2.3 SWIRL CARD needs to do so to comply with the law.

7.3 If SWIRL CARD suspends, restricts or cancels a Card under clause 9.2, SWIRL CARD will tell the Cardholder as soon as it can or is permitted to do so after it has taken these steps.

7.4 Like other payment cards, SWIRL CARD cannot guarantee a retailer will accept your Card. SWIRL CARD may also refuse to pay a transaction:

If it suspects the security of a card has been compromised or detects potentially unauthorised, fraudulent, or illegal activities, such as suspicious transactions. If sufficient Card Funds are not loaded on a Card at the time of a transaction to cover the amount of the transaction and any applicable fees

If there is an outstanding Shortfall on the Card in accordance with clause 8.6;

If it has reasonable grounds to believe that a Cardholder is acting in breach of this Card Agreement.

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

7.5 If SWIRL CARD refuses to authorise a transaction, SWIRL CARD will, if practicable, tell the relevant Cardholder why immediately unless it would be unlawful for us to do so. A Cardholder may correct any information SWIRL CARD holds and which may have caused us to refuse a transaction by contacting Customer Services (see Clause 14).

8.1 Cards are intended for use in making purchases at participating merchants. They cannot be redeemed for cash in any form. “Cashing out” the card balance, converting it to physical currency, or using it for cash withdrawals from ATMs or financial institutions is strictly prohibited and not supported. The balance available on a Swirl Card can be used for point-of-sale transactions at authorised merchants.  

8.2 In cases where a Card needs to be cancelled or revoked for any reason, whether due to loss, theft, or any other circumstances, the Cardholder or the Company must contact our customer support team for assistance (see Clause 14). 

9.1 SWIRL CARD may terminate this Agreement for any reason, including but not limited to the following circumstances:

9.1.1 If the Company or a Cardholder breaches an important part of this Agreement, or repeatedly breaches the Agreement and fails to resolve the matter in a timely manner;

9.1.2 If the Company or a Cardholder act in a manner that is threatening or abusive to SWIRL CARD staff or representatives;

9.1.3 If the Company or a Cardholder fails to pay fees or charges that have been incurred or fails to rectify any Shortfall.

9.2 SWIRL CARD may also cancel this Card Agreement or suspend a Card or the Card Services immediately if SWIRL CARD believes a Card is deliberately being used to commit fraud or for other illegal purposes. If SWIRL CARD does this, it will tell the Company and Cardholder as soon as it is permitted to do so.

10.1 The Cards issued under this agreement will not contain any Card Funds during transit to ensure security and mitigate risk. Card Funds will only be loaded onto the Cards after the Company Representative has explicitly confirmed receipt of the Cards. This confirmation must be communicated directly to SWIRL CARD through the designated secure channel provided in the dispatch email. Confirmation can also be made via phone calls, emails, or live chats to SWIRL CARD’s customer support.

10.2 Once confirmation is received and the Cards are loaded with Funds, they must be treated with the same level of care as cash. From this point, the Cards become the sole responsibility of the Company. It is imperative that the Cards are securely stored and managed to prevent any unauthorised access or use.

10.3 In the event that the Cards are lost or stolen before being distributed, it is crucial that the Company or the designated Company Representative notify SWIRL CARD immediately. Upon written acknowledgement of your notification by SWIRL CARD, We will take prompt action to lock the affected Cards to prevent any unauthorised transactions from that point forward.

10.4 Should the cards be misplaced or require replacement after loading, SWIRL CARD is able to reissue new cards. This service may be subject to a reissue fee, which will be communicated at the time of the request. The Company is responsible for covering all associated costs of Card reissuance. It is the responsibility of the Company to ensure the continuous security and proper management of the Cards once they are received and loaded.

11.1 The Company may request to cancel an Order for SWIRL Cards by providing written notice to SWIRL CARD. The request must include the order number, reason for cancellation, and any other relevant details. SWIRL CARD will acknowledge receipt of the cancellation request and will process it within 5 to 7 business days. Requests for cancellation must be made within 15 working days after the Order has been placed.

11.2 If the Order cancellation is approved, SWIRL CARD will refund any amounts paid by the Company, less any applicable fees. Refunds will be processed using the same method of payment used for the original transaction. Please note that it may take additional time for the funds to be credited back to the Company’s account, depending on the payment method and financial institution. If the Order is cancelled and refunds are requested after the cards have been loaded, a 1% processing fee of the total amount loaded will apply.

11.3 SWIRL CARD does not offer refunds for unused cards. The balance on unused cards can be held as credit by the Company for future purchases. Alternatively, the balance can be reissued onto new cards upon request. The Company should contact SWIRL CARD to arrange the reissuance of funds for new cards.

12.1 We shall not be liable for any damages if the Card or a specific Payment Transaction is refused or not honoured by a merchant. We do not bear any responsibility for errors committed by merchants. A dispute with a merchant does not absolve the Cardholder from complying with regulations governing the use of the Card and this Agreement.

12.2 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.

12.3 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. Our Liability shall not exceed the total card price, admin fees and the balance of Funds at the time of the event. Under no circumstances will we be liable for any indirect or consequential losses of any type.

12.4 Swirl will not be liable for any loss arising from:

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

12.4.2 The goods or services that a Cardholder purchases with a Card;

12.4.3 Our compliance with legal and regulatory requirements;

12.4.4 Loss or corruption of data unless caused by our wilful default;

12.4.5 Business interruption, loss of revenue, goodwill, opportunity, or anticipated savings;

12.4.6 Any indirect or consequential losses of any type.

13.1 This agreement shall be governed by and interpreted in accordance with the law of the Republic of Ireland and is subject to the non-exclusive jurisdiction of the Irish Courts.

14.1 Please refer to SWIRLS Privacy Policy available on the Website for full details for how personal data is collected and used under this Card Agreement.

15.1 For any inquiries or concerns regarding their Card or Card Services, the Company or Cardholder should contact Swirl’s Customer Services through the following methods: 

• Online: via the contact form on our Website. 

• Phone at the following Irish phone number: +353 1 6877 985  

15.2 Should Swirl need to contact the Cardholder regarding the Card, we will use the contact details provided at the time of Card registration or any other information updated through the User Account, unless otherwise specified in the Agreement. 

15.3 If you have any complaints or are dissatisfied with the Card Service or its management, please reach out to us at info@swirlcard.com or by calling +353 1 6877 985. We commit to addressing all complaints promptly and fairly.