Customer Terms & Conditions MC

Customer Terms & Conditions

These Customer Terms and Conditions “Customer Terms” are made up of 2 sections:
Section 1: PollenPay General Customer Terms and Conditions which are between you and PollenPay.
Section 2: Cardholder Agreement which is between you and Transact Payments Limited.

Section 1 – PollenPay General Customer Terms and Conditions

Last updated: 27 November 2021

Introduction
1. These are the terms and conditions (the “Terms and Conditions“) that apply to your access to, and use of, PollenPay’s (“we“, “us” and “our” and includes our officers, employees, contractors, agents, successors and assignees) payment platform (“Platform“) developed and owned by PollenPay UK Limited registered in England with company number 12731805 and having its registered office at 1 The Parklands, Radcliffe, Manchester M26 1QB. . Our VAT number is 352528892. Accordingly, please read these terms and conditions carefully.
2. Where we refer to “you” or “your” in these Terms and Conditions, we mean any individual using the Platform.
3. By accessing and using the Platform, you acknowledge you have read, and agree to comply with, these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, do not download, access or use the Platform.
4. We reserve the right to amend these Terms and Conditions, in whole or in part, for any reason and without notice to you. Amendments will be effective immediately upon posting of the amended Terms and Conditions on our website. The date at the beginning of these Terms and Conditions will be updated to the date such amendments take effect. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Platform after any amendments are made will be confirmation of your acceptance of these Terms and Conditions as amended.
Conditions of Use
1. To use the Platform you must be:
  1. 18 or more years old; and
  2. permanently reside in the United Kingdom.
Purchasing goods and services on your behalf
1. The Platform permits you to purchase certain products and services made available by retailers approved by us (“Merchants“). Details of the Merchants can be found here. Some of the products and/or services a Merchant sells may not be available to be purchased using the Platform. The Merchant and not us will advise you which products and services can be purchased via the Platform.
2. When using the Platform in a store or online:
  1. you instruct us to purchase the product or services you select using the Platform (“Product” or “Service“, as the case may be) from a Merchant;
  2. we will pay the full amount of purchase price for the Product or Service inclusive of any sales tax, delivery costs, booking fees, service charges and other fees the Merchant may impose on the Product or Service (“Purchase Price“) to the Merchant less our Merchant Fee;
  3. where applicable, the Merchant will arrange for delivery of the Product or Service we have purchased to you (with delivery times dependent on the Merchant and that Merchant’s delivery terms and conditions), and in the case of the Product it will become your exclusive property on delivery;
  4. the Merchant will pay us a Merchant Fee for assisting to procure the sale of the Product or Service to you; and
  5. you unconditionally, and irrevocably, agree to pay to us the full Purchase Price and such other sums as may be due to us in accordance with these Terms and Conditions on the terms set out in these Terms and Conditions.
Fees and payment
1. You must pay us the Purchase Price for each Product or Service you purchase from us using the Platform in four fortnightly instalments. The first instalment will be due and payable at the time you purchase the Product or Service. The second instalment will be due and payable on the date that is one fortnight after the date of purchase and each of the subsequent instalments will be due and payable on the same day in the fortnights following. For example, if you purchase a Product or Service on a Friday, and the Purchase Price is £100, on the date of purchase you will pay £25 and on the Friday in the following fortnights you will be required to pay us an instalment amount of £25 until the balanced is paid off.
2. Each purchase of Products or Services through our Platform is subject to our approval in addition to any transaction limit (“Your Limit“) assigned to you from time to time.
3. You will not be charged any interest on the amounts you are required to pay to us.
4. By using the Platform, you grant us a direct debit authority to deduct all amounts owed by you to us in connection with any Product or Service you purchase, or otherwise under these Terms and Conditions (including default fees), from your nominated debit card, credit card, or bank account. Your payment method will need to be approved by us before you will be able to purchase any Products or Services using the Platform.
5. You will be responsible for ensuring you have sufficient available funds on your nominated debit card or sufficient available credit on your credit card or sufficient available funds in your bank account, depending on the payment method we register on your account, to enable us to deduct all amounts owed by you to us in connection with any Product or Service you purchase, or otherwise, under these Terms and Conditions. You will have sole responsibility for paying all bank and/or card charges associated with any payment method we approve for you.
6. At any time, you can pay some, or all, of the Purchase Price to us in advance of the due date of the instalment payments referred to in clause 4.1, without penalty. If you make any such early payment, all subsequent instalment payments will be adjusted accordingly so the same amount is due for payment on each subsequent instalment date (unless you prepay the full amount of the Purchase Price in which case there will be no more instalments).
7. If for any reason whatsoever you fail to, or are unable to, make an instalment payment on its due date, you will have a further 24 hours to pay. If you fail pay within one week of the due date, we will temporarily disable you from purchasing any further Product or Service.
8. You will not, for any reason, set off, deduct or withhold any amount in respect of payments due to us under these Terms and Conditions.
Your account, log in and security
1. You may access or download the Platform for free (although you will need an internet connection to access or download, access and use the Platform and you may incur charges or fees from your mobile network provider associated with the same).
2. When you first use the Platform, you will be required to provide certain log in information (including a user name and password) that will enable you to access the Platform each time you wish to use the Platform to purchase Products or Services. You must keep your log in information secure to avoid use of the Platform using your log in details by other persons.
3. You must not permit use of the Platform using you log in details by any other person. If the Platform is or used by any other person with your log in details, or if you know or suspect any other person has obtained your log in details, you must immediately notify us at [email protected].
4. You must exercise every possible care to ensure the safety of your computer or mobile device by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use.
5. If your log in to the Platform is used by another person to purchase a Product or Service, you will be personally liable to pay the Purchase Price of that Product or Service to us in accordance with these Terms and Conditions.
Dealings with Merchants
1. Although you purchase the Products or Services from us, we are not responsible for delivering the relevant Products or Services, we are not the merchant of record and we make no representations or warranties nor provide any guarantees in respect of any such Products or Services and are not liable in this regard.
2. If you wish to return the Product, cancel the Service or have any complaint, concern or other issue with a Product or Service, that should be addressed directly to the Merchant (in accordance with the Merchant’s policy for the same). Each Merchant will have its own policy about returns, cancellations and complaints. We are not responsible for providing or advising you in respect of any returns, cancellations or complaints or similar issues.
3. If, in accordance with the Merchant’s consent and/or instructions, you return the Product to the Merchant and arrange with the Merchant for a replacement Product to be delivered or the arrange with the Merchant for the Service to be re-performed your obligation to pay the Purchase Price to us continues unaffected.
4. If:
  1. the Product is returned to the Merchant and not replaced; or
  2. the Service is not provided or not provided to your reasonable satisfaction or you cancel, and the Merchant agrees you should receive some or all your Purchase Price back, your obligation to make the instalment payments referred to in clause 3.1 or clause 3.2 (as applicable) will continue unaffected until the Merchant advises us that:
  3. the Product has been returned and not replaced; or
  4. the Service has not been provided or not provided to your reasonable satisfaction or you have cancelled, and the Merchant has refunded the Purchase Price into our bank account in cleared and immediately available funds, at which time we will stop deducting instalment payments from your debit or credit card (as the case may be) for the relevant Product or Service and arrange to refund all amounts (if any) you have paid to us in respect of the relevant Product or Service (other than default fees).
5. You purchase the Product from us. Under no circumstances will you be entitled to have all, or any part of, the Purchase Price refunded directly to you by the Merchant.
6. If you are not satisfied with the way in which the Merchant deals with your concern or issue, or your concern or issue is not resolved or otherwise addressed by the Merchant to your satisfaction, you should notify us in writing at [email protected] including details of your complaint. While we will use reasonable endeavours to assist you with your subsequent dealings with the Merchant, until the concern or issue is resolved your obligation to make the instalment payments referred to in clause 4.1 will continue unchanged.
7. We provide no guarantee or other assurances in respect of the timing of any refunds as timing will be influenced by the actions of the relevant Merchant and the bank being used.
Your covenants and representations
1. You agree not to use the Platform:
  1. to purchase any Product or Service where payment of the Purchase Price to us in accordance with these Terms and Conditions will, or is likely to, cause you any financial hardship;
  2. for any unlawful, fraudulent or improper purpose;
  3. in any manner which does, or may, damage, disable, overburden or otherwise impair the Platform or interfere with any other person’s use and enjoyment of the Platform;
  4. to introduce any harmful information or materials (which includes any spyware, viruses, worms, trojan horses, harmful scripts or codes or any other damaging items which could interfere with the Platform, our software, hardware, network or computer system); and/or
  5. if you are aware your computer or mobile device has such harmful information or materials installed on it.
2. You will not remove any restrictions imposed by us, the software or the operating system, that delivers the Platform.
3. You represent and warrant that:
  1. you are 18 years of age or older;
  2. the information you provide to us when you access the Platform for the first time, and any subsequent information you provide to us, will be true, complete and accurate in all respects;
  3. the creation of any sub-facility by PollenPay in your name for internal operation purposes does not create or constitute an electronic wallet; and
  4. if any of your circumstances change resulting in any information or representations you have previously provided to us are no longer being true, complete and accurate in all respects you will immediately notify us by email at [email protected].
Intellectual Property
1. For the purposes of these Terms and Conditions, “Intellectual Property” means all rights to, and interests in, any copyright, trade mark, patent, design, know-how, trade secret, domain name, rights in software, rights in inventions, and any other proprietary right or form of intellectual property (whether protectable by registration or not).
2. All Intellectual Property in the Platform is owned by us and none of the contents of the Platform may be used, reproduced, copied or distributed, in any way whatsoever, other than for the purpose of using the Platform for your own personal use.
3. You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other applications or websites, change, or otherwise distribute, license, sub-licence or transfer in any form any aspect of the Platform.
4. If any person claims your use of the Platform infringes a person’s Intellectual Property, you must notify us and allow us to deal with that claim which may, at our absolute discretion, include us, amongst other things, settling or modifying the Platform to the extent necessary to avoid or minimise the claim.
Upgrades and maintenance
1. We may, from time to time, issue upgraded versions of the Platform, and/or may automatically upgrade the version of the Platform you are using, without notice to you. If you use the Platform, you will be deemed to have consented to any such upgrades.
2. You acknowledge the Platform may be unavailable from time to time due to errors, defects, maintenance or events that may be outside of our control.
Termination
1. You may stop using the Platform at any time. If you also wish to terminate or close your account with us, you will need to email this request to us at [email protected].
2. We may block, suspend, restrict or otherwise terminate your access to, or use of, the Platform, at any time, without notice or liability to you.
3. If your access to, or use of, the Platform is blocked, suspended, restricted or terminated, for any reason, this will be without prejudice to our rights and remedies to recover any amounts due and owing by you.
4. We reserve the right to alter, suspend or terminate access to or use of the Platform, or any particular functionality of the Platform, either temporarily or permanently at any time for any reason, and at our sole discretion, without notice or liability to you.
Limitation of liability and indemnity
1. To the maximum extent permitted by law:
  1. any and all liability and responsibility we may have to you, or any other person, under or connection with your access to, or use of, the Platform, these Terms and Conditions and/or your inability to use the Platform, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise; and
  2. our liability and responsibility is excluded for any indirect or consequential loss or damage of any kind (including, but not limited to, any loss of opportunity, anticipated savings or unauthorised use).
2. Without limiting our rights and remedies, you agree to indemnify us, as a continuing indemnity, against all costs, losses, liabilities (including legal and other professional expenses on a full indemnity basis), claims, demands, damages, fines and penalties (including any consequential or indirect losses) we may incur or otherwise suffer arising directly or indirectly out of, or in connection with, your access to, or use of, the Platform.
3. For the avoidance of doubt and except as excluded by law our liability shall never exceed the Purchase Price of the Products or Services you have purchased.
Disclaimers
1. The Platform is provided “as is” and on a “as available” basis without representations or warranties of any kind either express or implied. To the extent permitted by law, we disclaim all warranties, express or implied in connection with the Platform, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted use or being error-free.
2. We are not responsible for any:
  1. corruption or loss of data or other content which you or any other person may experience; or
  2. software, network, computer system, hardware, devices or other equipment that may be harmed, as a result of, or otherwise in connection with, your use of the Platform.
3. We do not represent or warrant that:
  1. the Platform will function uninterrupted, that it will be error-free, that defects will be corrected or that the Platform, or the server that makes it available, will be free of any virus or other harmful elements; or
  2. the Platform will be compatible with any particular computer or mobile device.
Privacy
1. We will collect and process your personal information in accordance with our Privacy Policy.
  You authorise us (or any agents or contractors providing services on our behalf) to disclose your personal information to other persons to the extent required by law, which may include us reporting any credit account information and default by you of these Terms and Conditions and/or for credit assessment purposes (which may include us reporting any default by you in paying amounts due to us to credit assessment agencies).
General
1. While we will employ technical security measures to protect your personal information, no transmission over the internet can be guaranteed to be completely secure. To the extent permitted by law, we do not represent, warrant or guarantee that personal information will be protected against misuse, loss or alterations.
2. The provisions of clauses 7, 9, 10, 11 and 12, and any other clauses that are, by their nature, intended to survive termination, will survive the termination of your access to, or use of, the Platform.
3. You may not, directly or indirectly, assign, transfer or otherwise dispose of any of your rights or interests in, or obligations or liabilities under, these Terms and Conditions. We may assign our rights, interests, obligations and/or liabilities at any time without your consent or notice to you.
4. No waiver of any breach, or failure to enforce any provision, of these Terms and Conditions at any time by us will in any way affect, limit or waive our right to enforce and compel strict compliance with the provisions of these Terms and Conditions.
5. We may refuse to authorise a purchase or suspend your right to make a purchase for Products/Services if:
  1. we suspect fraudulent activity on your behalf;
  2. there is a legal or technical reason which prevents us from lawfully providing you with credit;
  3. we believe that the transaction would damage our reputation; and
  4. we have any other justifiable reason.
6. If any part of these Terms and Conditions is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of these Terms and Conditions, which will remain in full force and effect.
7. These Terms and Conditions, and any amendments made by us, constitute the entire agreement and understanding (express and implied) between you and us in connection with your access to, and use of, the Platform.
8. The Platform is governed by, and will be construed in accordance with, the laws of England and the courts of England will have non-exclusive jurisdiction.

Section 2 – Cardholder Agreement

This Section 2 comprises the terms and conditions governing the PollenPay Prepaid Mastercard which are between you and Transact Payments Limited. IMPORTANT INFORMATION: Please read this Cardholder Agreement carefully before activating your Account. This Cardholder Agreement becomes effective and binding on you upon your activation or use of your Card and for the entire period of validity of your Card.

Definitions & Interpretation

Definition	Interpretation
Account	The PollenPay Virtual Card Account provided to you by PollenPay on behalf of Modulr FS Limited. The Account is governed by Section 1 of these Customer Terms
Cardholder Agreement	These terms and conditions relating to the use of your Virtual Card as amended from time to time.
Applicable Law	any applicable law (including but not limited to, any local law of the jurisdictions into which the Card is provided and the Program is operated), statute, statutory instrument, act, regulation, rule, order, supervisory guidance, policy, instruction or requirement stipulated by an applicable Regulatory Authority, or interpretation promulgated or published by any Regulatory Authority, any order issued by a court having jurisdiction over a party, or any applicable rule or requirement of any Card Scheme related to the issuance, sale, authorisation or usage of the Virtual card and/or services to be provided under this Cardholder Agreement or such other rule as deemed valid by TPL from time to time.
Available Balance	The value of unspent funds loaded onto your Account and available for your use
Business Day	Monday to Friday, 9am to 5pm CET, excluding bank and public holidays in Gibraltar.
Card	Any Card issued to you in accordance with this Cardholder Agreement.
Customer Services	The contact centre for dealing with queries about your Card. You can contact Customer Services by: e-mailing [email protected] from the email address registered to your Account; or contacting support within the PollenPay Platform.
EEA	European Economic Area.
Expiry Date	The expiry date showing on your Card.
Fee	Any fee payable by you as referenced in the Fees & Limits Schedule.
Fees & Limits Schedule	The schedule contained in this Cardholder Agreement.
KYC	Means “Know Your Customer” and constitutes our verification of your Personal Details.
Merchant	A retailer or any other person that accepts payment via the Virtual Card.
Personal Data	The registered personal identity details relating to the use of your Card and Online Account including (but not limited to) your: name, date of birth, home address, email address and telephone (landline and/or mobile) number. Full details of the Personal Data which we process are set out in our Privacy Policy.
PollenPay	means PollenPay UK Ltd, incorporated and registered in England and Wales with company registration number 12731805 and registered office at 1 The Parklands, Radcliffe, Manchester M26 1QB
PollenPay Platform	The PollenPay mobile or web application that allows you to access your Account, perform Account-related activities and view Card and Transaction related information.
Program Manager	Lerex Technology with registration number 09829039 and registered address Abacus House, Caxton Place, Cardiff, CF23 8HA.
Regulatory Authority	as the context requires, any Scheme and/or any regulator or agency having jurisdiction over Issuer or Program Manager related to the issuance, marketing, sale, authorisation or usage of the Cards, Program(s) or services provided under this Cardholder Agreement, including without limitation the Gibraltar Financial Services Commission.
Scheme	Mastercard. Mastercard is a registered trademark of Mastercard International Incorporated.
Transaction	The use of your Card to make a payment, or a purchase of goods or services from a Merchant where payment is madeby use of your Card including where payment is made over the internet
User Credentials	£A set of personal codes selected by you in order to access your Account and Card
Virtual Card	A non-physical Card, the use of which is limited to online purchases. For the avoidance of doubt, the Card cannot be used to make a cash withdrawal from an ATM or bank.
Website	www.pollenpay.com
we, us or our	Transact Payments Limited (“TPL”) a company incorporated in Gibraltar with registered address 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA company registration number 108217, and authorised by the Gibraltar Financial Services Commission, or the Program Manager acting on its behalf.
you or your	You, the person who has entered into this Cardholder Agreement with us by virtue of your use of the Card and any other person you have authorised to use any Cards in accordance with this Cardholder Agreement.

Your Cardholder Agreement and Card
1. Your Card is issued by us pursuant to a licence from the Scheme and your rights and obligations relating to the use of the Card are subject to this Cardholder Agreement.
2. This Cardholder Agreement is not a credit agreement and no credit is being provided to you by TPL.
3. You can download or print the latest version of this Cardholder Agreement at any time from the Website and/or request a paper copy from Customer Services.
Activation and use of your Card
1. To apply for, and use, a Card you must be at least 18 and a resident of the United Kingdom.
2. Your card may be obtained and activated via the PollenPay Platform after registration and successful KYC checks.
Personal Details
1. When entering into Transactions over the internet, some websites may require you to enter your Personal Details and, in such instances, you should supply the most recent Personal Details that you have provided us with.
2. You must notify us of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in the PollenPay Platform. You will be liable for any loss that directly results from any failure to notify us of a change in your Personal Details as a result of undue delay, your gross negligence or fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you as applicable.
3. We reserve the right at any time to satisfy ourselves as to your Personal Details (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Card, you authorise us to undertake electronic identity verification checks on you either directly or using relevant third parties.
Loading your Card
1. TPL is not responsible for any funds that have not been loaded onto the Card and does not provide services for loading funds to the Card.
Using your Card
1. Your use of the Card is subject to the fees and limits detailed in the Fees & Limits Schedule, which shall be deducted from the Available Balance. This limit only applies to use of the Virtual Card and does not apply to your total available balance allocated to you on the PollenPay Platform.
2. Unless we inform you otherwise, you can use the Card at any Merchant who accepts the Scheme to carry out Transactions.
3. You must always ensure that you have sufficient Available Balance for each Transaction you authorise (including value added tax and other taxes, duties and applicable fees). If the Available Balance is insufficient to pay for a Transaction, some Merchants may not permit you to combine the use of your Card with other payment methods.
4. Your Card cannot be used where such Merchants are unable to obtain online authorisation that you have sufficient Available Balance for the Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths). We accept no liability if a Merchant refuses to accept payment using the Card.
5. We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person.
6. You must not use the Card for any illegal purposes.
Authorising Transactions
1. You will need to give your consent to each Transaction so that we can check it is genuine by, where applicable, providing the Card details and/or providing any other details personal to you and/or your Card. Once you have given such consent to the Transaction, it will be deemed to be authorised.
2. The time of receipt of a Transaction order is when we receive it. If a Transaction order is received after 4pm on a Business Day then it will be deemed to have been received on the next Business day.
3. Once a Transaction has been authorised by you and received by us, it cannot be revoked.
4. Certain Merchants may not accept payments made through the Card and we accept no liability for this: it is your responsibility to check the restrictions of each Merchant.
5. Your ability to use or access the Card may occasionally be interrupted, for example if we need to carry out maintenance on our systems or websites. Please contact Customer Services to notify us of any problems you are experiencing using your Card and we will try to resolve these as soon as possible.
Managing & Protecting Your Card
1. You are responsible for your Virtual Card and any related security details such as device passcode and/or PIN (“User Credentials”) and must take all possible measures to keep it safe and entirely confidential. Failure to comply with this condition 8 may affect your ability to claim any losses in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with undue delay or with gross negligence. In all other circumstances, your maximum liability shall be as set out below at condition 13.
2. If you believe that someone else knows your Card details or User Credentials, you must notify us by contacting Customer Services immediately.
3. In the event that we suspect or believe that your Card may be subject to any fraud or security threats, we will notify PollenPay who will subsequently notify you securely via telephone, email, or the PollenPay Platform support service during which we will ask you to answer questions to verify your identity.
Cancellation
1. If you have activated your Virtual Card on the PollenPay Platform and decide you no longer with to use it, you may terminate your Virtual Card at any time by contacting Customer Services.
3D Secure
1. In order to help reduce fraud and provide extra security for your payments, you will be required to use the 3D Secure service (also known as ‘Mastercard SecureCode’, ‘Identity Check’) (“3DS Service”) when making online payments.
2. Security
  1. You must keep your security information (including your 3DS One Time Passwords) safe and confidential at all times.
  2. If you think someone may be accessing your Account or the 3DS Service without your authority you must notify us immediately.
3. Use of your Information
  1. We may use the data you supply to us in relation to the 3DS Service to administer the service.
  2. We will not share your information with online retailers; however, details may be supplied to third parties if this is required for a legal or regulatory reason.
  3. You must keep your information up to date at all times. If there is a change to your personal details, you must notify us immediately by calling customer services (your network provider may charge a fee to call this number) or by updating your personal details on the PollenPay Platform.
  4. iv. We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it and the conditions under which we may disclose it, please refer to our Privacy Policy which is provided to you at the time we collect your Personal Data and which can be found on the PollenPay Platform.
4. Changes to the 3DS Service
  1. We may make changes to the 3DS Service in order to update or improve it or to reflect requirements imposed by us by any party which assists us in providing the 3DS Service.
  2. We may make changes with immediate effect if required to do so by any law or regulatory requirement affecting us.
5. Suspension or Termination of the 3DS Service
  1. We may suspend, restrict use or terminate the 3DS Service where:
    1. There is a breach of security;
    2. There is a legal or regulatory requirement to do so;
    3. In exceptional circumstances if we are required to do so by Mastercard International or any third party which assists us in providing the 3DS Service;
6. Liability
  1. Unless you are a victim of fraud, you may be responsible for all transactions carried out and verified with your 3DS One Time Passwords.
  2. We shall not be liable for any failures of the 3DS Service caused by any systems failing or other events which we cannot reasonably control.
Expiry
1. This Cardholder Agreement shall terminate on the Expiry Date unless you are issued with a replacement Virtual card.
Termination or Suspension of your Card
1. When this Cardholder Agreement is terminated, your Account is closed. We may terminate this Cardholder Agreement at any time by giving you two months’ advance notice (which will be sent to the email address that you have provided to PollenPay).
2. We can suspend your Card, restrict its functionality or terminate this Cardholder Agreement at any time with immediate effect if:
  1. a Transaction has been declined because of a lack of Available Balance or you do not repay money that you owe to us; or
  2. you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Cardholder Agreement; or
  3. your agreement with PollenPay under Section 1 of these Customer Terms has been suspended, restricted or terminated; or
  4. we reasonably suspect that the security of the Card has been compromised or that you, or any third party, have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes; or
  5. we believe that your use of the Card may result in harm to us or our systems; or
  6. we believe that your continued use of the Card may damage our reputation; or
  7. you become bankrupt; or
  8. we are required to do so under Applicable Law or where we believe that continued operation of the Program may be in breach of Applicable Law; or
  9. you do not access your Account for 3 years; or
  10. we cannot process your Transactions due to the actions of third parties; or
  11. you have breached this Cardholder Agreement.
3. In the event that we do suspend or terminate your Card then, where lawfully permitted, we shall notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place.
4. Unless or until you or we terminate this Cardholder Agreement, this Cardholder Agreement will remain in force.
Loss or Theft of your Card
1. You are responsible for protecting your Virtual Card as if it were cash in your wallet.
2. You must contact us without delay by emailing PollenPay at [email protected] or reporting your card lost/stolen in the PollenPay Platform, if you know or suspect that a Card is lost, stolen, misappropriated or subject to unauthorised use or that any User Credentials are known to an unauthorised person or you think that a Transaction has been incorrectly executed.
3. If our investigations reveal that you authorised a disputed Transaction or that you acted fraudulently or that you negligently or with intent breached the terms of this Cardholder Agreement (for example, by not keeping your User Credentials safe), you may be liable for any loss we suffer due to use of the Card.
4. Once a loss, theft or unauthorised use of your Card is reported, use of the Card shall be blocked to avoid further losses.
5. You agree to cooperate with our agents, any supervisory authority, the police and us if your Card is lost, stolen or if we suspect fraudulent use of the Card.
6. In the event that you inform us of an unauthorised or incorrectly executed Transaction without undue delay, and in any event no later than 13 months after the debit date, we will refund the amount immediately unless we have any reason to believe that the incident may have been caused by a breach of this Cardholder Agreement, through gross negligence or we have reasonable grounds to suspect fraud.
7. In the event of a non-executed or defectively executed Transaction, we will make immediate efforts to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In the event that we are liable for such Transaction, we will refund the amount, together with the amount of any resulting charges to which you may be subject, without undue delay.
8. In the event that a Transaction that was executed within the EEA arrived later than it should have according to the terms of this Cardholder Agreement, you may request that we contact the receiving payment institution to ask them to treat it as if it was made on time.
9. In the event that a Transaction is made which is initiated by a Payee, we will provide a refund of that amount, subject to clause 13.10, only in circumstances where you can prove that:
  1. the exact Transaction amount was not specified when you authorised the payment; and
  2. the amount of the Transaction exceeds the amount that you could have reasonably expected, taking into account your previous spending pattern, the terms of this Cardholder Agreement and the relevant circumstances of the case.
10. The refund referred to in 13.9 will not be provided if:
  1. the amount relates to currency exchange fluctuations; or
  2. you have given your consent to execute the Transaction directly to us; or
  3. information on the Transaction was provided or made available in an agreed manner to you at least 4 weeks prior to the due date of the Transaction; or
  4. you request the refund from us later than 8 weeks from the date on which it was debited.
Payment Disputes
1. If you dispute a Transaction that you have authorised and which has been processed on your Card, you should settle this with the person you bought the goods or services from in the first instance; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your Card.
2. If your dispute with a Merchant relating to a Transaction cannot be resolved you should contact us at Customer Services, and we will attempt to assist you as far as is reasonably practicable.
3. If you have reason to believe that a Transaction was carried out without your consent or in error, you may ask us to investigate the Transaction. If we investigate the Transaction, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Transaction was genuine, this will be deducted from your Available Balance and we may charge you an investigation fee.
Our Liability
1. We shall not be liable for any loss arising:
  1. from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
  2. from any use of this Card that is contrary to this Cardholder Agreement;
  3. for any unauthorised Transactions which arise due to loss, fraud or theft that you have reported to us 13 months after the event.
2. We will not be liable to you if your contact details have changed and you have not told us.
3. Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card.
4. Where sums are incorrectly deducted from your Available Balance is due to our default in relation to usage of the Card, our liability shall be limited to payment to you of an equivalent amount (plus any Fees you incurred as a result).
5. Nothing in this Cardholder Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
6. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
7. The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Cardholder Agreement.
8. For all other matters not expressly covered in this clause 15, and to the extent permitted by Applicable Law, our total aggregate liability shall be limited to the total amount of money that you have spent using the Card over the 12-month period prior to the claim.
Complaints
1. Should you wish to make a complaint about your Card, you may contact Customer Service by emailing [email protected] to submit details of such complaint.
2. Upon our receipt of your emailed complaint, we shall endeavour to respond to you as quickly as possible but in any event we shall reply to you by return email within 15 Business Days.
3. If, having received a response from PollenPay’s Customer Services team, you are unhappy with the outcome, you can escalate your complaint to TPL’s Complaints Department by writing to [email protected]
4. If TPL’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of their findings within 35 Business Days of receipt of your complaint.
5. We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.
6. In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Financial Services Commission at: Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar or email [email protected].
General Communication
1. Any communication from us to you will be given by notification within the PollenPay Platform or by email from [email protected] (using the latest contact details with which you have provided us).
2. You may contact us via Customer Service, the details of which are set out in clause 1.
Personal Data
1. TPL is the Data Controller of your Personal Data associated with the application for and use of this Card and will collect certain information about the purchaser and the users of the Card in order to operate the Card program. Your provision of your Personal Data and our processing of that data is necessary for each of us to carry out our obligations under this Cardholder Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Cardholder Agreement. If you fail to provide the personal data which we request, we will take steps to terminate this Cardholder Agreement in accordance with clause 12.2(c).
2. We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy which is provided to you at the time we collect your personal data.
Changes to the Terms and Conditions
1. We may update or amend this Cardholder Agreement at any time on at least 2 months’ advance notice, which shall be given, by e-mail (using the latest contact details you have you have provided us with).
2. If you do not agree with the changes to the Cardholder Agreement, you may at any time within the 2-month notice period terminate your Cardholder Agreement in accordance with clause 12.1. You will be deemed to have accepted any change to this Cardholder Agreement unless you notify us before the proposed date of the change.
3. If any part of this Cardholder 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.
Language
1. The English language version of this Cardholder Agreement and of any communications and Website content will prevail over any other language version which we may issue from time to time.
Governing Law
1. This Cardholder Agreement is governed by Gibraltar law.
Jurisdiction
1. You agree to the non-exclusive jurisdiction of the courts of Gibraltar
Miscellaneous
1. Any delay or failure to exercise any right or remedy under this Cardholder Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
2. The Card is a payment service product and not a deposit or credit or banking product and, as such is not governed by the Deposit Security Scheme of Gibraltar.
3. If any provision of this Cardholder Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
4. You may not assign or transfer any of your rights and/or benefits under this Cardholder 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 Cardholder Agreement have been paid by you in full. We may assign our rights and benefits under this Cardholder Agreement to a third party and may subcontract any of our obligations under this Cardholder Agreement.

VIRTUAL CARD LIMITS TABLE

Limit Type	Limits
Minimum Load value	£10.00
Maximum single load value	£500.00
Maximum load value per week (7 day rolling)	£1,000.00
Maximum load value per month (30 day rolling)	£4,000.00
Maximum total balance	£5,000.00
Maximum annual load limit	£10,000.00
Max number of POS transactions allowed (per day – 24 hours rolling)	5
Max number of POS transactions allowed (per 4 days – 96 hours rolling)	10
Max value of POS transactions allowed (per day – 24 hours rolling)	£1,000.00
Max value of POS transactions allowed (per 4 days – 96 hours rolling)	£4,000.00