EXPLORER CARD Summary information and terms and conditions 6130729 IMPORTANT INFORMATION YOU NEED TO KNOW Explorer card terms and conditions Please read this Agreement carefully. This information forms the terms and conditions of your Explorer card (your ‘Card’). If you purchased your Card in a Moneycorp branch you acknowledge that by using your Card you accept the terms and conditions. If you purchased the card online you accept the terms and conditions as part of the application process. In particular please note the conditions for redemption and the redemption fee, payable in the circumstances set out in paragraph 7.4. Please also note the provisions relating to insolvency and compensation set out in paragraphs 2.3 and 16.5 of this Agreement. If there is anything you do not understand or agree with, please contact Customer Services at [email protected] or by using the contact details in paragraph 18 of this Agreement. 1. DEFINITIONS AND INTERPRETATIONS The following words and phrases will have the following meanings: ‘Accepted Passport’ means a valid, machine readable, passport issued by one of the following countries: UK, any EEA country, USA, Australia, Switzerland, Canada, Japan, Saudi Arabia, Russia, Brazil, Argentina, India, Turkey, China, Mexico, New Zealand, UAE, Nigeria, South Africa, Croatia, Philippines, Israel, Malaysia, Trinidad and Tobago, Ukraine, Hong Kong, Singapore or Gibraltar. ‘Account’ means the Basic Cardholder Account or Enhanced Cardholder Account from which your Wallet(s) are created. You can only hold one Account at any point in time. ‘Account Limit’ means the maximum amount of e-money you are able to hold in your Account. ‘Additional Card’ means any Card which you authorise to be issued to another individual to access the e-money held in your Account. ‘Agreement’ means this agreement between you and us regulating the operation of your Account which can be varied from time to time. ‘ATM’ means an automated teller (cash) machine. ‘Available Balance’ means the value of e-money in your Wallet(s) and available for use. ‘Basic Cardholder Account’ means an instant issue card account with additional restrictions and limits. Please see paragraph 3.7 for details. ‘Business Days’ means the days of Monday to Friday but does not include bank or public holidays in England. ‘Card’ means any Explorer card issued to you under this Agreement. (Your Card will be assigned to either a Basic Cardholder Account or and Enhanced Cardholder Account). The ‘Explorer’ name is a trademark of Moneycorp. ‘Card Number’ means the 16-digit number on the front of your Card. ‘Cardholder’ means you, the person entering into this Agreement with us. ‘Customer Services’ means the contact centre for dealing with queries about your Card. Contact details for Customer Services can be found in paragraph 18. ‘EEA’ means the European Economic Area which currently includes all countries in the European Union together with Iceland, Norway, and Liechtenstein. ‘e-money’ means the electronic money held in your Wallet(s). ‘Enhanced Cardholder Account’ means an Account where a full customer identity check has been completed. The Enhanced Cardholder Account is subject to the enhanced loading limits set out in paragraph 10.1. ‘EU Card’ means a European Union Identification card. ‘Explorer Currency’ means the currencies sterling (GBP), euro (EUR), Norwegian krone (NOK), Danish krone (DKK), Swedish krona (SEK), Swiss franc (CHF), US dollar (USD), Canadian dollar (CAD), Hong Kong dollar (HKD), Singapore dollar (SGD), Japanese yen (JPY), Australian dollar (AUD), New Zealand dollar (NZD) and South African rand (ZAR) in which your Card/Wallet(s) can be held. ‘Full Deductible Amount’ means the full transaction amount, including the Transaction itself along with any associated fees, charges and taxes. ‘Merchant’ means a retailer, or any other person, firm or corporation that accepts cards which display the Visa Acceptance Mark. ‘Moneycorp’ means TTT Moneycorp Limited, a company registered in England and Wales under registration number 738837. Its registered office address is 2 Sloane Street, London, SW1X 9LA, United Kingdom. ‘Moneycorp Rate of Exchange’ means the rate as determined by Moneycorp to carry out a currency conversion. The rate of exchange is variable and will be applied at the time the Transaction, transfer of funds or fee is charged to your Account. The rates can be found at www.moneycorpcard.com/rates. ‘PIN’ means your four-digit personal identification number for used with the Card. ‘Redemption’ means requesting the e-money held on your Account to be returned to you in full or in part. See paragraph 7 for more information on Redemptions and how you can redeem your e-money. ‘Renewal Card’ means any Card issued to replace an expired Card previously issued to the Cardholder under this Agreement ‘Replacement Card’ means any Card other than a Renewal Card issued to replace previous Cards which have been issued to the Cardholder under this Agreement. ‘Transaction’ means a sale at a Merchant, or an ATM cash withdrawal completed by you using your Card. ‘Visa’ means VISA Europe Limited, a company registered in England and Wales with company number 05139966 whose registered office is at 1 Sheldon Square, London, W2 6TT, United Kingdom. ‘Visa Rate of Exchange’ means the rate as determined by Visa to carry out a currency conversion whenever a Transaction is carried out in a currency other than an Explorer Currency. The rate of exchange is variable and will be applied to the Transaction on the date the Transaction is charged to your Account. The rates can be found at www. moneycorpcard.com/rates. ‘Wallet’ means a designated currency account (relating to your Card) to which you are able to load funds for the purpose of accessing your e-money. ‘we’, ‘us’ or ‘our’ means Clydesdale Bank PLC, a company registered in Scotland with number SC001111 whose registered office is 30 St Vincent Place, Glasgow G1 2HL. Clydesdale Bank PLC is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register Number 121873). ‘Website’ means the Explorer card section of the Moneycorp website located at www. moneycorpcard.com or such other URL as designated from time to time that allows you access to your Card information including Account balance and Transaction history. The Website provides up-to-date information about your Account and you will need an internet connection in order to access it. ‘you’, ‘your’ means the Cardholder. 2. YOUR CARD 2.1 Your Card is an e-money prepaid card. It is not a credit, charge or debit card. 2.2 Your Card has been issued by Clydesdale Bank PLC, pursuant to licence from Visa. Your rights and obligations relating on to the use of this Card are subject to this Agreement between you and us; you have no rights against Visa or their respective affiliates. If you experience any difficulties in using the Card you should contact Customer Services. The e-money held in your Wallet(s) is provided to you by us and will be denominated in an Explorer Currency. The Card remains the property of Clydesdale Bank PLC. 2.3 In the unlikely event that Clydesdale Bank PLC becomes insolvent, the e-money on your Wallet(s) may lose its value and become unusable and accordingly you may lose the opportunity to spend the money in your Wallet(s). 2.4 These terms and conditions are written and available in English and we undertake to communicate with you in English about any aspect of your Card, Wallet(s) or Account. 2.5 For a Basic Cardholder Account any Transaction on the Card will be executed and recorded in the currency you have chosen for the Card. 2.6 For an Enhanced Cardholder Account any Transaction on the Card undertaken in an Explorer Currency will be executed and recorded in the currency of the Transaction. All transactions in a non-Explorer Currency will be executed and recorded in sterling. 2.7 The Available Balance in your Wallet(s) will not earn any interest. 3. BUYING , RECEIVING AND ACTIVATING YOUR CARD 3.1 You may apply for a Basic Cardholder Account at a Moneycorp branch if you are 18 years of age or over and present an Accepted Passport, valid UK Photo Driving Licence or an EU Card. 3.2 You may apply for an Enhanced Cardholder Account online or at Moneycorp branch if you are a UK resident and 18 years of age or over. We must be able to satisfactorily verify your identity and address from information provided by you at the time you apply for the Account. For security reasons, when you apply online we will require you to register a payment card and make a load of at least £50 to your Account. 3.3 Third parties are under no circumstances permitted to open an Account on your behalf and you can only hold one Account. 3.4 You agree that we may communicate with you by email, SMS message or telephone for issuing any notices or information about your Account, Wallet(s) or Card. 3.5 We will issue your Card to you on the basis of the information that you have provided. You agree to provide accurate personal information and to tell us of any changes as soon as possible so that our records remain correct. You should update any changes to your personal information by visiting the Website or calling Customer Services. In particular, you should always keep us informed of changes to your email address or telephone number. See paragraph 18 for details. 3.6 Cards purchased at a Moneycorp branch will not have your name on and your Card and PIN will be provided to you at the time of application. You must sign your Card immediately. Replacement cards sent in the post may have your name on and will be sent within ten days of your request to the address registered on your Account. Replacement Cards can be sent to a non-UK address upon request and at our discretion. (Fees may apply for Replacement Cards. See paragraph 10.1.) 3.7 Basic Cardholder Accounts are non-reloadable. If you have a Basic Cardholder Account and are a UK resident you will have the option to upgrade to an Enhanced Cardholder Account with the enhanced loading limits set out at paragraph 10.1 below, following completion of a full identity check. If you want to redeem your funds, see paragraph 7. 3.8 If you hold an Enhanced Cardholder Account we will make available 14 currency Wallets on your Account subject to the Account Limits set out in paragraph 10.1. At our discretion we will allow you to have up to three Additional Cards with access to the same currency Wallets. As the applicant, you are responsible for all Cards issued under your Enhanced Cardholder Account and any fees or charges that may be incurred under the terms of this Agreement. 3.9 If you have an Enhanced Cardholder Account and you applied for it online, when you receive your Card you must sign it immediately and activate it via our Website or Customer Services. 3.10 Once your Card is activated you may use the Card to access the e-money held in the associated Wallet(s) for the purpose of making Transactions. You will need a PIN for ATM cash withdrawals and to authorise any retail sales transactions in the UK and in many countries abroad. Please see paragraph 4.5 for full details on how to authorise Transactions. 3.11 You must do all that you reasonably can to keep the Card and your PIN and other security details secret and safe from misappropriation by any third party at all times. 3.12 You must never allow anyone else to use your Card, PIN or other security information, including but not limited to your Account web login, password and access code, where applicable. 3.13 You should never reveal your PIN to anybody. We will not reveal your PIN to a third party or ask you to divulge your PIN. 3.14 You will be able to change your PIN at any UK ATM that has a PIN-change facility. When you select or change your PIN you should not select a PIN that can be easily guessed, such as a number that: • • • • is easily associated with you, like your telephone number or birth date; is part of data imprinted on the Card; consists of the same digits or a sequence of running digits; or is identical to a previously selected PIN. 3.15 Your PIN may be disabled if an incorrect PIN is entered three times. If your PIN is disabled, please contact Customer Services to reactivate it. If your PIN is disabled at a merchant terminal you may need to reactivate your PIN at an ATM. 4. USING YOUR CARD 4.1 Your Card can be used at any Merchant that displays the Visa Acceptance Mark. 4.2 Basic Cardholder Accounts 4.2.1 Your card cannot be used for ‘card not present’ transactions (for example online, mail order or telephone order transactions). 4.2.2 If you are purchasing a Card to use within a non-Explorer currency location, we recommend you select sterling as your currency when you purchase your Card. 4.2.3 If your chosen currency is sterling, a fee of 3% will apply to any transactions undertaken in sterling. 4.3 Enhanced Cardholder Accounts 4.3.1 If you will be using your Card in a non-Explorer Currency location we recommend you have sufficient funds in your sterling Wallet to cover any Transactions you intend to make. 4.3.2 A 3% fee will be applied to any transaction undertaken in sterling. 4.4 If a Merchant or ATM offers you the choice to make your purchase in either ‘local currency’ or ‘card currency’, we recommend you choose to make the purchase in your ‘card currency’ in order to obtain the maximum benefit from your Card (see paragraph 9 for how these transactions will be processed to your Account). 4.5 Basic Cardholder Accounts and Enhanced Cardholder Accounts 4.5.1 You can authorise Transactions on your Card at any Merchant by entering your PIN or providing your Card details. If the Merchant does not accept chip and PIN authorisation, the Merchant may allow you to authorise the Transaction by signing the receipt. If a Merchant is capable of processing chip and PIN transactions they must do so, if they proceed with signature verification the authorisation may be declined for security purposes. 4.5.2 Please be aware that you may not stop a Transaction once it has been authorised as at that point it is deemed to be received by us. You will be responsible for all Transactions where you or any additional Cardholders authorise such a Transaction. 4.6 Your Card can be used to make withdrawals at ATMs bearing the Visa Acceptance Mark (fees and limits apply, see paragraph 10). Please note that extra ATM fees in addition to those shown in paragraph 10 may be charged by certain ATM providers. 4.7 Your card is a prepaid card, which means that the Available Balance in the Account under which your Card is associated will be reduced by the full amount of each authorisation and/or Transaction plus any applicable taxes and charges, including any additional ATM charge (see 4.8.1 to 4.12 for explanations of the different circumstances in which requests for authorisation might take place). This is your ‘Full Deductible Amount’, which must be less than or equal to the Available Balance in your Account. You must not use your Card after the expiry date (see paragraph 6.1) or if the Full Deductible Amount exceeds the Available Balance. If, for any reason, a Transaction is processed for an amount greater than the Available Balance on your Account, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of receiving notification from us. Should you not repay this amount within 14 days we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding. 4.8 Due to security safeguards, Merchants that accept your Card are required to seek authorisation from us for all of the Transactions that you make. There are some circumstances where Merchants may require you to have an Available Balance greater than the value of the Transaction you wish to make. You will only be charged for the actual and final value of the Transaction you make. Merchants request this as they may need to access more funds than you initially planned to spend. Examples are outlined below (but this is not an exhaustive list): 4.8.1 Hotels and rental cars – As Merchants may not be able to accurately predict how much your final bill will be, they may request an authorisation for funds greater than your Available Balance. This is called pre-authorisation. We suggest that you consider using an alternative card for pre-authorisations and that you use your Explorer Card when checking out. 4.8.2 Restaurants and bars – You may need to have an Available Balance equivalent to the total cost of the meal plus 20%. This is to accommodate any service charge that could be added to your bill. 4.9 For Enhanced Cardholder Accounts only: Internet Merchants – Certain internet Merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify if funds are available. This will temporarily impact your Available Balance. Also, many sites will not deduct payment until goods are despatched, so please be aware of this when checking your balance and make sure you always have funds available to cover your purchases. 4.10 Merchants will not be able to authorise your Transaction if they cannot obtain an online authorisation from us. Examples include on-board cruise, train charges, toll merchants and some in-flight purchases. Where the Merchant cannot obtain an authorisation your Transaction should be declined. 4.11 Your Card cannot be used at self-service petrol pumps. You can use your Card to pay by taking it to the cashier. 4.12 Your Card cannot be used for cash type transactions unless it is at an ATM. This includes cash over the counter in a bank and may include cash withdrawals from hotels or other merchants offering this service. 4.13 Your Card should not be used as a form of identification. We will decline any authorisation requests from Merchants using your Card for identification purposes. 4.14 It is agreed that you can check your balance and Transaction history for free by visiting the Website. You can also check your balance and Transaction history by calling Customer Services (standard network charges will apply – see paragraph 18 for full details). 4.15 If you make a request to check the Available Balance and Transaction History on your Wallet(s) by SMS your mobile service provider will charge standard network fees for each SMS message. You acknowledge that such fees may be at international rates and we suggest that you check with your mobile service provider to confirm the applicable fees. For some SMS services we will charge you a fee. See paragraph 10.1 for more information. 4.16 To prevent unauthorised use of your Card, you may want to lock the Card if there will be a period of time where you will not be using it. If you have an Enhanced Cardholder Account you can lock and unlock your Card for free on the Website. Enhanced and Basic Cardholder Account customers can lock and unlock their Card by SMS. Fees apply, see paragraph 10.1. 4.17 In the event you have an Enhanced Cardholder Account and intend to use chargeable SMS services, we recommend you keep some funds in your sterling Wallet to cover the costs. 4.18 You should check the details of your Transactions regularly. If your Transaction history includes any item which seems incorrect, please notify us as soon as possible. Unless you notify us as soon as you become aware of it (and in any event within 13 months from the date the Transaction was debited from your Wallet if you wish to claim a refund under paragraph 11.1, or within 8 weeks of us debiting the Transaction from your Wallet if you wish to claim under paragraph 11.5) you may not be able to claim a refund. 4.19 Transactions will be debited from your Account when they are received by us. 4.20 We may ask you to surrender your Card at any time for a valid reason in accordance with the provisions in paragraph 14 of these terms and conditions. If we do so, we will give you back your e-money in accordance with paragraph 7 of these terms and conditions. 5. LOADING YOUR WALLETS AND TRANSFERRING BALANCES BETWEEN WALLETS 5.1 Basic Cardholder Account 5.1.1 You can load your Account at a Moneycorp branch at the time you apply for your Card. You can only load your Account in sterling (GBP), which shall be converted into the currency of the Card. The exchange rate applicable shall be advised to you prior to you loading your Account. The exchange rate, the sterling amount loaded onto your Account and the amount credited to your Account post currency conversion will be printed on your receipt. 5.1.2 If you load your Account in a Moneycorp branch with a credit or debit card you may be charged a fee by Moneycorp. The fee will be advised to you at the time of the transaction. 5.1.3 A fee may be charged by Moneycorp if you credit funds to a non sterling Wallet at a Moneycorp branch. The level of the fee will be advised to you before the transaction takes place. 5.1.4 All loads will be applied to the relevant Available Balance at the time of the load. 5.1.5 You can only load additional funds to your Account if you hold an Enhanced Cardholder Account 5.2 Enhanced Cardholder Account 5.2.1You can load your Account up to 2 times per day. The maximum permitted load amount per day is £10,000 and your overall Account Balance cannot exceed £10,000 (or currency equivalent). 5.2.2 You can load funds via the website, Customer Services or SMS using your registered UK-issued credit or debit card. The address on your Account must match the address of your funding card. The debit to your funding card will always be in sterling. Loads via SMS and Customer Services will be credited to your sterling Wallet and loads via the website will be applied to the Wallet you choose. Where you choose to load a non sterling Wallet via the website the load amount will be converted into the required currency at the Moneycorp Rate of Exchange, which will be notified to you at the time of the load. You will have the option to screen print the agreed exchange rate, the amount that was converted into your chosen currency and the amount that is credited to your Wallet post currency conversion. All loads will be applied to the relevant Available Balance at the time of the load. 5.2.3 You can load your Account in a Moneycorp branch. You must present your Accepted Passport, UK Photo Driving licence or EU Card and your Explorer Card. You can only load your Account in sterling (GBP), which shall be converted into the currency of your chosen Wallet. The exchange rate applicable will be advised to you prior to you loading your Account. The exchange rate, the sterling amount loaded onto your Account and the amount credited to your non-sterling Wallet post currency conversion will be printed on your receipt. 5.2.4 If you load your Account in a Moneycorp branch with a credit or debit card you may be charged a fee by Moneycorp. The fee will be advised to you at the time of the transaction. 5.2.5 A fee may be charged by Moneycorp if you credit funds to a non sterling Wallet at a Moneycorp branch. The level of the fee will be advised to you before the transaction takes place. 5.3 You can transfer amounts between your Wallets via the Website. Transfers between Wallets will be processed immediately and converted into the required currency at the Moneycorp Rate of Exchange, which will be notified to you at the time of the transfer. You will have the option to take a screen print of the transfer details, including the exchange rate applied which will also be shown on your statement. 5.4 We reserve the right to suspend or terminate your right to load your Account where we reasonably consider it necessary to protect the security of your Account or because we suspect that there may be unauthorised or fraudulent use of the Account. We will tell you in advance where we are able to, otherwise we will let you know immediately afterwards – unless we are prohibited to do so by law. 5.5 If you have an Enhanced Cardholder Account and the Available Balance of the Wallet to be charged for a Transaction is less than the Full Deductable Amount at the time we are asked to approve that Transaction, we will transfer an amount from your remaining Wallet(s) to cover the difference between the Full Deductable Amount and the Available Balance. 5.5.1 Transfers will be made from your remaining Wallets in the priority order requested by yourself on the Website, or where an order has not been defined, the default order which can be found at www.moneycorpcard.com. The amount transferred will be converted to the currency of the Wallet in which the Transaction will be charged at the Moneycorp Rate of Exchange at the time we are asked to approve the Transaction. 5.5.2 There can be a delay between the time we are asked to approve the Transaction and the time it is charged to your Account. The Moneycorp Rate of Exchange can fluctuate during this time and the exchange rate applied will be shown on your statement. 5.5.3 Where we have undertaken a transfer under 5.5.1 and the Available Balance of the Wallet to be charged is less than the Full Deductable Amount when the Transaction is charged to your Account, we will transfer an amount from your remaining Wallet(s) to cover the difference between the Full Deductable Amount and the Available Balance on the date the Transaction is charged to your Account. 5.5.4 Where we have undertaken a transfer under 5.5.1 and the Available Balance of the Wallet to be charged is greater than the Full Deductable Amount on the date the Transaction is charged to your Account, we will not reverse the original transfer in part or in full. 5.6 We may allow funds to be loaded onto your Account from pre-approved Moneycorp partners. 6. CARD EXPIRY 6.1 The expiry date of your Card is printed on the front of the Card. You will not be able to use your Card if it has expired. 6.2 If you hold a Basic Cardholder Account your Card will not be renewed upon expiry of the Card. 6.3 If you hold an Enhanced Cardholder Account and contact us within three months of the Card expiry date and we agree to issue a Renewal Card, this will be issued to your registered address for free. 6.4 If you hold a Basic Cardholder Account or an Enhanced Cardholder Account and do not contact us to request a replacement card, or we refuse to renew your Card, you will continue to be able to access the e-money held in your Account until your Card has expired. You can choose to redeem the balance held on your Account at any time in accordance with paragraph 7. 6.5 Where there is an outstanding Available Balance on your Account at expiry and you are not having your Card renewed, a monthly maintenance fee will be payable until there is no outstanding Available Balance. The monthly maintenance fee will be deducted from your Account in sterling. Any outstanding Available Balance in the Account at expiry will remain yours to redeem at any time in accordance with the provisions of paragraph 7. 6.5.1 For Basic Cardholder Accounts, the maintenance fee will be converted from sterling into the currency of your Card on the date the fee is charged to your Wallet using the Moneycorp Rate of Exchange. 6.5.2 For Enhanced Cardholder Accounts, where there are insufficient funds within the sterling Wallet to cover the maintenance fee, the amount will be transferred to your sterling wallet at the Moneycorp Rate of Exchange from any remaining Wallet(s) holding an Available Balance in your selected order or the default order if this has not been set. 6.6 We will close your Account when the last Card that has been issued under your Account has expired and either we or you have not agreed to have the Card renewed. 7. REDEEMING E-MONEY 7.1 If you would like to redeem any unused e-money held in your Wallet(s) in full or in part you may do so at any time (subject to paragraph 7.5) so as long as: 7.1.1 we believe you have not acted fraudulently; and 7.1.2 we are not prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency. 7.2 You can redeem any unused funds by contacting Customer Services. You acknowledge that all redemptions will be made to you in sterling regardless of the currency in which your Wallet(s) are held. The exchange rate will be available to you at the time of requesting the redemption. Payment will be made after any pending transactions have been charged to your Account and you agree that the transaction will be made by us up to 15 days after the date of your request. You may cancel your request at any time until it is processed by us. Refunds will be returned to the payment card used to load your Account. Where it is not possible to refund to your payment card, or you loaded your Account in cash, we will make your refund by bank transfer or cheque issued to your registered address. 7.3 Please note, our procedures may require us to carry out various checks reasonably required to prevent fraudulent use of your Card before we can process your redemption request. Redeemed funds will only be payable to you as the Cardholder and cannot be paid to a third party. We may request evidence of your identity, address, fund source or bank account before processing your Redemption. 7.4 You will only ever be charged a redemption fee if when you make your request for redemption you also decide to close your Account before the expiry date stated on your Card(s). If you decide to cancel your Account and redeem your funds within 14 days of application we will not charge a redemption fee. See paragraph 10 for the cost of redemption fees. 7.5 You will lose your right to redeem your e-money held in your Wallet(s) if you make your request for redemption more than six years from the date your Account is closed. 7.6 If we find any additional withdrawals, fees or charges have been incurred on your Card following the processing of your redemption funds, we will contact you to make payment. If you fail to do so, we will send you an itemised invoice and we will require you to refund us within 14 days of receiving a notification from us. Should you not repay this amount within 14 days we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding. 8. LOST, STOLEN OR DAMAGED CARDS 8.1 In the event of loss, theft, fraud or any other risk of unauthorised use of your Card, you must contact Customer Services immediately on 033 00 10 10 10 or +44 20 8166 9979 (if calling from overseas). You will be asked to provide us with your Card and identification details so that we can identify and block your Card. We may ask you to confirm the loss in writing. 8.2. If your Card is damaged or if it malfunctions, you must contact Customer Services in accordance with the details shown in paragraph 18. 8.3 If our records show that there is an Available Balance remaining on your Account, we will cancel the Card to limit any further losses. Unless you have acted fraudulently, we will replace your Card with funds equivalent to your last Available Balance. 8.4 Other than where paragraphs 8.6 and 8.7 apply to you, your liability will not exceed £50 where your Card has been lost or stolen or where you have failed to keep your Card and the associated security information safe. After Customer Services has been notified that a Card has been lost or stolen or is potentially liable to misuse, you will not have to pay for any subsequent use of the Card unless you acted fraudulently. 8.5 Our liability is limited to amounts we wrongly charged to your Account. 8.6 You will have to pay for all losses if you acted fraudulently. 8.7 You will have to pay for all losses which arise before you give us effective notification under paragraph 8.1 if we can show that you acted with intent or gross negligence in failing to comply with any of the requirements of paragraphs 3.9, 3.11, 3.12, 3.13 or 3.14, where the losses arise before you tell us the Card has been lost or stolen or may be liable to misuse. 8.8 We reserve the right to charge a courier fee as well as the Replacement Card fee, for the replacement of lost, stolen or damaged Cards that are sent by special arrangement at your request. You will be advised of the courier fee prior to being charged. This fee will be taken from the Available Balance on your Card. 8.9 In exceptional circumstances we may make alternative arrangements for you to access your funds. This could include using a money transfer service or transferring funds to another Explorer card or bank account. 8.10 If you subsequently find or retrieve a Card that you have reported lost or stolen, you must notify us immediately. 9. TRANSACTIONS MADE IN FOREIGN CURRENCIES 9.1 Basic Cardholder Accounts: If you hold a Basic Cardholder Account and make a Transaction in a currency other than the currency of your Card, the amount of the Transaction will be converted to the currency of your Card on the date the Transaction is charged to your Account. 9.1.1 Where a Transaction is made in an Explorer Currency, we will convert the Transaction into the currency of your Card at the Moneycorp Rate of Exchange. 9.1.2 Where a Transaction is made in a non-Explorer Currency: 9.1.2.1 If the currency of your Card is not sterling, we will convert the Transaction into sterling at the Visa Rate of Exchange and then convert the sterling amount into the currency of your Card at the Moneycorp Rate of Exchange. 9.1.2.2 If the currency of your Card is in sterling, we will convert the Transaction amount into sterling at the Visa Rate of Exchange. We will add a rate of exchange margin of 3% to this rate (see paragraph 10.1 for details). Your statement will show the exchange rate and any charges applied. 9.2 Enhanced Cardholder Accounts: If you hold an Enhanced Cardholder Account and make a Transaction in an Explorer Currency, the amount of the Transaction will be deducted from the currency Wallet under which the Transaction was made. Please see paragraph 5.5 for details about if the Available Balance of the sterling Wallet to be charged for a Transaction is less than the Full Deductable Amount at the time we receive notification of the authorisation for that Transaction. 9.2.1 Where a Transaction is made in a non-Explorer currency this will be charged to your sterling Wallet. We will convert the Transaction into sterling at the Visa Rate of Exchange on the date the Transaction is charged to your Account. We will add a rate of exchange margin of 3% to this rate (see paragraph 10.1 for details). Your statement will show the exchange rate and any charges applied. 9.3 The Moneycorp Rate of Exchange and the Visa Rate of Exchange are available at www.moneycorpcard.com/rates and changes in the Moneycorp Rate of Exchange and Visa Rate of Exchange shall take effect immediately. The Moneycorp Rate of Exchange and Visa Rate of Exchange can fluctuate and may change between the time a Transaction is made and the time it is charged to your Account. 10. FEES AND ACCOUNT LIMITS 10.1 The Account is subject to certain fees and limits as follows. ACCOUNT LIMITS Basic Enhanced Maximum initial load €1,000 or £10,000 €1,000 or £10,000 or currency equivalent across all Maximum balance* currency equivalent at time of load Minimum load £200 Maximum load per Account per day Maximum number of loads per day Maximum load by SMS Wallets at time of load £50 £10,000 Not applicable Loads not permitted after 2 initial load £1,000 Maximum value of ATM cash withdrawals per day £500 or currency equivalent £500 or currency equivalent Maximum number of ATM cash withdrawals per day 2 2 Maximum transaction spend (excludes transaction fees) within the UK within any 30 day period Up to card balance £1000 or currency equivalent * For the purpose of determining the maximum total available balance of all Wallets and individual limits for non-sterling currencies where a non-sterling Wallet is held, the Available Balance will be converted to sterling at the daily Moneycorp Rate of Exchange. CARD AND SERVICING FEES BASIC Fees ATM cash withdrawal fee Free (3% in UK) Sterling Transaction on a sterling Wallet 3% Transaction made in an Explorer Currency not matching the Card currency Moneycorp Rate of Exchange Transaction made in a non-Explorer Currency if Card currency is sterling Visa Rate of Exchange converts into sterling plus 3% margin Transaction made in a non-Explorer Currency if Card currency is not sterling Visa Rate of Exchange converts into sterling, Moneycorp Rate of Exchange converts into Card currency No fees Lost, stolen or damaged Card replacement fee £5 Special arrangement replacement Card fee Agreed upon request Redemption fee if requested prior to expiry of all Cards associated with the Account and the £5 Account is closed Maintenance fee after 12 months of inactivity or Card expiry £2 per month ENHANCED Fees ATM cash withdrawal fee Free (3% in UK) Sterling Transaction 3% Moving funds from one currency Wallet to another Moneycorp Rate of Exchange Transaction made in a non-Explorer currency (converted to sterling) Lost, stolen or damaged Card replacement fee Additional Card fee No fee Visa Rate of Exchange plus 3% margin £5 £5 Special arrangement replacement Card fee Redemption fee if requested prior to expiry of all Cards associated with the Account and the Account is closed Maintenance fee after 12 months of inactivity or Card expiry Agreed upon request £5 £2 per month SMS SERVICING~ Card load Balance enquiry Transaction history Locking Card Unlocking Card First PIN notification PIN reminder Minimum balance notification Basic Not applicable Free 10p 10p 10p Free 30p Enhanced Free Free 10p 10p 10p Free 30p Free Free ~ Standard network rates apply. For both Basic and Enhanced Cardholder Accounts, fees may also be payable to Moneycorp if you load your Account in a Moneycorp branch with a credit or debit card or if you credit funds to a non sterling Wallet in a Moneycorp branch. In both cases you will be advised of amount of the charge before the transaction takes place. Rate of Exchange 10.2 For Basic Cardholder Accounts, all fees will be converted from sterling into the currency of your Card on the date the fee is charged to your Wallet using the Moneycorp Rate of Exchange. 10.3 For Enhanced Cardholder Accounts, all fees will be charged to your sterling Wallet. Where there are insufficient funds within the sterling Wallet to cover the fee, the amount will be transferred to your sterling Wallet at the Moneycorp Rate of Exchange on the date the fee is charged to your Wallet from any remaining Wallet(s) holding an Available Balance in your selected order or the default order, detailed on the website, if this has not been set. 10.4 We will deduct any taxes or charges due from the Available Balance on your Wallet(s). If there is no Available Balance of funds on your Wallet(s), or the taxes or charges exceed the Available Balance, we will contact you to make payment. If you fail to do so we will send you an invoice and will require you to refund us within 14 days of the invoice. Should you not repay this amount within 14 days of receiving an invoice from us, we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding. This excludes fees to redeem funds on your Account. 11. DISPUTES AND REFUNDS 11.1 If you notice a Transaction that you do not recognise, you must notify Card Services without undue delay, and in any event no later than thirteen (13) months after the date of the Transaction. We recommend that you check your Transaction history and balance at least once a month. We will refund any unauthorised transaction immediately, unless we have good reason to believe (based on the evidence available to us at the time you report the unauthorised Transaction) that you have been grossly negligent in failing to comply with clause 4 or that you have acted fraudulently. 11.2 If we make a refund in accordance with condition 11.1, and we then subsequently discover that you were not entitled to a refund, we will debit the amount of the refund from your Account. 11.3 Further to condition 11.1, if we do not make an immediate refund and you still wish to dispute the Transaction as unauthorised, we reserve the right to request additional written information in the form of a statement signed by you providing evidence to support your claim that the disputed Transaction was unauthorised. 11.4 If your Card is lost or stolen or you have failed to keep the security features of the Card safe, your maximum liability will be limited to £50, unless you acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case you may be liable for the entire loss. 11.5 If you authorise a Transaction and we consider that all of the conditions set out below apply, we will refund the full amount of the payment, or provide you with our reasons for refusal, or request that you provide additional information as is reasonably necessary to verify that such conditions apply, within ten (10) Business Days of receiving your request or if so requested within ten (10) Business Days of receiving any such additional information required: (a) if you did not know the exact amount of the payment when you gave your authority; and (b) the amount charged exceeds the amount you reasonably expected to pay, taking into consideration your previous spending pattern, these Terms and Conditions and the circumstances of the Transaction (excluding Rate of Exchange fluctuations); and (c) if you request a refund within eight (8) weeks from the date the funds were debited. No refund will be made if you have given us your consent for the payment to be made and where applicable, details of the payment are made available. 11.6 We will only otherwise credit refunds for a disputed purchase made with a Merchant when we receive a proper refund voucher or other refund confirmation acceptable to us from the Merchant. In exceptional cases we may refund you before this confirmation is received. In such cases we may have no choice but to subsequently re-debit the transaction if the Merchant rejects liability for the disputed transaction. Unless the law otherwise provides, no claim by any Cardholder against a Merchant may the subject of a counterclaim or other process against us 12. VARIATION 12.1 We may change the terms and conditions of this Agreement, including fees and limits by providing you with at least 60 days’ notice by email. If you do not have an email address registered against your Account we will advise you by SMS. The most recent version will always be available on the Website. If you do not want to continue this Agreement because of a change we are making you have the right to terminate this Agreement immediately and without charge by giving us written notice before the change comes into effect. However, in the event you do not cancel during this period then you will be deemed to have accepted the terms and conditions and the changes will apply to you. 12.2 Changes to the Moneycorp Rate of Exchange and Visa Rate of Exchange may be applied and without prior notice. You can obtain up-to-date rate information at www. moneycorpcard.com/rates 12.3 If any part of this Agreement is inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical. We will update our terms and conditions to reflect the new regulatory requirements when they are next published. 12.4 Any notices you wish to give under this Agreement must be in writing to the address provided in paragraph 18. 13. CANCELLATION 13.1 You may cancel this Agreement without penalty and without giving a reason up to 14 days after the date you have received the terms and conditions for your Account by contacting Customer Services. Upon cancellation, we will refund you in accordance with section 7 of these terms. 13.2 You can cancel your Account at any time by contacting Customer Services on 033 00 10 10 10 or +44 20 8166 9979 (if calling from overseas). Alternatively, you can write to Customer Services at Moneycorp Explorer Card, PO Box 3232, Cumbernauld G67 1YU. 14. TERMINATION OR SUSPENSION 14.1 We may end this Agreement at any time if: 14.1.1 we discover that any of the information that you provided to us when you applied for the Card was materially incorrect; 14.1.2 you die; 14.1.3 you become bankrupt; or 14.1.4 you have breached this Agreement or we have reason to believe that you have used, or intend to use, the Card in a grossly negligent manner or for fraudulent or other unlawful purposes. Otherwise, we will give you at least 60 days’ notice. 14.2 Ending this Agreement will not affect your liability to us, which continues. 14.3 This Agreement will come to an end and your Account will be closed when all Wallets under your Account have been closed. 14.4 You may terminate this Agreement at any time by contacting Customer Services. You will not be charged for terminating your Agreement but you may be charged a fee for redeeming the funds on your Account. For full details on when and in what circumstances a fee will be charged please see paragraph 7. 14.5 We may suspend the use of any Card issued under this Agreement if we have reasonable grounds to suspect fraudulent use of a Card or we reasonably consider it necessary to protect the security of a Card. We will tell you in advance where we are able to; otherwise we will let you know immediately afterwards, unless we are prohibited to do so by law. 15. YOUR INFORMATION 15.1 You may provide us with personal data from time to time in connection with your Account. Some personal data will be necessary for us to provide you with the Card and services under this Agreement. 15.2 We and our affiliates are committed to maintaining your personal data in accordance with the requirements of the Data Protection Act and we will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with these terms and conditions, your personal information will not be passed to anyone without your permission. To comply with anti-money laundering regulations, we are required to request evidence of identity from you and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of your Card for this purpose and who will add details to your record of our request for a search. 15.3 You agree that we can use your personal data in connection with the Card and the e-money associated with the Card, to contact you about Replacement Cards and to enable us to review, develop and improve our products and services. This may involve providing your personal data to our partners, affiliates, agents, distributors and suppliers, including Moneycorp and any third parties who are involved in providing the services to you in association with Moneycorp, and to Visa and its affiliates to process Transactions and for their statistical research and analytical purposes. We may also transfer your personal data outside of the EEA to enable you to use the Card while you are travelling and such countries may not offer the same protections for personal data. We may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity. 15.4 Moneycorp may use your personal data: to provide you with the Card and services under this Agreement; to enable Moneycorp to review, develop, promote and improve its products and services; and for statistical research and analysis. Moneycorp may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity. 15.5 You have a right to inspect the personal data we hold about you; however, we will ask you to pay an inspection fee of £10 to cover our costs. For more information please contact Customer Services. 15.6 If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your Card until we can establish the correct information, in order to protect all parties. 15.7 It is your responsibility to keep us updated of changes to your personal details, including email addresses. Failure to do so may result in us being unable to contact you about your Card, including the provision of refunds to which you might be entitled or to let you know about changes to terms and conditions. 16. COMPLAINTS PROCEDURE 16.1 Complaints about any element of the service provided by us should be sent in writing to the address in paragraph 18 below or by contacting Customer Services. 16.2 Although we retain principal responsibility in dealing with and resolving any complaints received, complaints will be processed by Customer Services for and on our behalf in accordance with the Complaints Procedure. 16.3 All complaints will be subject to our Complaints Procedure. We will provide you with a copy of our Complaints Procedure upon request and, if we receive a complaint from you, a copy of our Complaints Procedure will automatically be posted to you. 16.4 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (South Quay Plaza, 183 Marsh Wall, London E14 9SR; phone 0845 080 1800). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk 16.5 The Financial Services Compensation Scheme is not applicable for the Card. No other compensation schemes exist to cover losses claimed in connection with your Card. 17. GENERAL 17.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time. 17.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect. 17.3 You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement. 17.4 This Agreement contains the information set out in Schedule 4 of the Payment Services Regulations 2009 and you can obtain a copy of this Agreement at any time by visiting the Website. 17.5 This Agreement is governed by English law and you agree to the non-exclusive jurisdiction of the courts of England and Wales. 18. CONTACTING CUSTOMER SERVICES If you have a question, you can contact Customer Services 24 hours a day on 033 00 10 10 10 or +44 20 8166 9979 (if calling from overseas). Alternatively you can write to: Moneycorp Explorer Card, PO Box 882, Cumbernauld G67 1YU or email at: [email protected]. Calls to 03 numbers cost the same as calls to geographic numbers (starting 01 or 02), even from mobiles. They are included as part of any ‘inclusive call minutes’ or discount schemes in the same way as geographic calls. Calls from overseas will be charged at the international rate. Calls may be recorded, monitored and used for training and compliance purposes. This Card is issued by Clydesdale Bank PLC pursuant to licence from Visa. This Card is an electronic money product. Clydesdale Bank PLC, a company registered in Scotland with number SCOO1111 whose registered office is 30 St Vincent Place, Glasgow, G1 2HL, is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (Financial Services Register No. 121873) Version number: 6130729
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