YuroPay Ltd. & Co. KG l ... the easy way to pay! | Allgemeine Geschäftsbedinungen „Prepaid MasterCard“
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Allgemeine Geschäftsbedinungen „Prepaid MasterCard“

Terms & Conditions – Prepaid Card

The Card and, any Additional Cards and the PayMix Business and Personal Accounts are operated by Paymix Ltd, trading as “PayMix” (“we“, “us“, PayMix or “our“).

 

These terms and conditions apply to your Prepaid Card.

 

In these terms and conditions:

Card” shall include “Additional Cards” where the context admits or requires.

Offline transactions” are card transactions which can be authorised even though the merchant has not at the time of sale contacted us for an authorisation.

Online transactions” are card transactions which can be authorised whenever merchant has at the time of sale contacted us for an authorisation.

Cashback transactions” are card transactions available at specific retail stores whereby, during debit card transactions, the customer can request to add an extra amount to the purchase price and receive the added amount in cash.

Shortfall” arises in the event that there are insufficient funds on the Card when a transaction is completed.

You” means the PayMix Accountholder and Additional Cardholder(s) properly authorised as a user of the Card.

 

1. The PayMix Card

The PayMix Card gives you the freedom to access your funds online and offline anytime and anywhere a MasterCard card is accepted.

Before using the Card you need to make sure there are enough funds loaded on it.

The PayMix Card is a reloadable prepaid Card. It is to be used in conjunction with your PayMix Personal and/or Business Account.

The PayMix Card is available in two types: a plastic card and a virtual card.

The PayMix plastic card can be used as a ‘contact’ card, meaning it can be inserted into contact terminals (such as ATM or Chip & Pin terminals) and as well as a ‘contactless’ card, meaning it can also be used at contactless terminals (such as those found at station gates, toll way gates bus terminals or newer retailers contactless payment terminals).

The PayMix Card is issued in Euro and will not earn any interest on any funds loaded thereon.

Only one physical card and one virtual card can be applied for in conjunction with your Personal Account.

If You are a business user, You can have unlimited number of Corporate cards in conjunction with your Business Account. Where you have requested additional cards for your account, you authorise us to issue such Cards (“Additional Cards”) and a PIN to the designated Cardholder(s) (“Additional Cardholders”) and you authorise each Additional Cardholder to authorise transactions on your behalf. You acknowledge and accept to provide the identity and additional personal details of each Additional Cardholder and provide us with necessary supporting documentation to enable us to verify the Additional Cardholder.

 

2. Applying for, activating and loading your Card

To be eligible for a PayMix Card you must have a PayMix Business or Personal Account with us.

 

If You are applying for a Personal Card, You have the option to:

  1. Have your Card directly connected to your Personal Account, therefore no loading is required. Funds for purchases made with your Card will automatically be debited from your Personal Account. As long as you have sufficient funds in your Personal Account to cover your purchases and any fees, the Card can give you instant access to your money; or
  2. For additional security reasons, have your Card issued separately from your Personal Account. You will be able to complete purchases or withdraw at an ATM up to the amount you load from your Personal Account to your Prepaid Card Account.

 

Corporate cards are separate from your Business Account and therefore funds in the prepaid card account should be loaded from your Business Account.

You or any designated Cardholder(s) must sign the signature strip on the back of the Card as soon as it is received.

You or any designated Cardholder(s) will also need to activate the Card before it can be used, details of which will provided in the card mailer or on our Website.

Your card can be used through ‘contact’ and ‘contactless’ terminals. However in order to activate the ‘contactless’ interface and be able to use it through ‘contactless’ terminals, you must first perform an online transaction through the ‘contact’ interface.

By using the Prepaid Card you are agreeing to these terms and conditions.

 

3. Using your Card

PayMix may at any time block your Card whenever:

  • we are concerned about the security of your PayMix Account or Card(s);
  • we suspect your PayMix Account or Card(s) are being used in an unauthorised or fraudulent manner;
  • or we need to do so to comply with the law or the requirement of MasterCard.

After we would have blocked your Card(s) we shall notify you as soon as practical or when we are permitted to do so.

We cannot guarantee that a merchant will accept your Card(s).

The value of your transactions will be deducted from the balance on Your Card as soon as the transactions are made and authorised by us in accordance with Clause 4.

 

PayMix may refuse to authorise a transaction:

  • if we are concerned about security of your Card or we suspect your Card is being used in an unauthorised or fraudulent manner;
  • if sufficient funds are not loaded on your Account or Card at the time of a transaction to cover the amount of the transaction and any applicable fees;
  • if there is an outstanding Shortfall on the Card;
  • if we have reasonable grounds to believe that you are acting in breach of this agreement;
  • if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or
  • because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.

 

If we refuse to authorise a transaction, we will, if practicable, notify you immediately unless it would be unlawful for us to do so.

Any applicable fees shall be deducted from your Personal Account, Business Account or Card as soon as they become payable by you. See the Fees section of our Website for details of our fees.

 

4. Authorising Transactions

  1. Card transactions at point of sale (“POS”) will be regarded as authorised by you when you follow the instructions provided by the merchant or retailer to authorise the transaction, which may include:
    1. entering your PIN or providing any other security code;
    2. signing a sales voucher;
    3. providing the Card details and/ or providing any other details as requested;
    4. waving or swiping the Card over a card reader;
    5. Cash withdrawal transactions will be regarded as authorised by you once you insert a Card and enter your PIN to request a cash withdrawal at an ATM and when you make a request for a cash advance at any bank counter or at any retail store offering cashback facility. Depending on the type of cash withdrawal, a fee will be applicable as shown in the fee section of our Website.
    6. Authorisation for a transaction may not be withdrawn (or revoked) by you once it is received.
    7. A transaction (the payment order) will be received by us as follows:
  2. for purchases and ATM transactions, at the time we receive the transaction instruction from the merchant acquirer or ATM operator;
  3. for other transactions which are communicated directly to us, at the time we are asked to complete the transaction.
  4. Where a merchant requests/takes a ‘pre-authorisation’, the merchant will be reserving the amount he intends to collect. This amount will be reserved from your available balance until such time that the merchant requests settlement following completion of the transaction and the funds will then be collected from your account. Generally merchants request settlement within a maximum of 30 days but for some purchases such as mail order, your account may not be debited until the goods are despatched, which may be longer than 30 days. You must at all times make allowances for this in your spending to prevent your account falling into a debit balance.
  5. If you make a transaction in a currency other than the currency in which your Card was issued, we reserve the right to apply an exchange rate Tolerance factor whereby we will hold funds up to 10% higher than merchant amount requested. If there are no sufficient funds on your Account or Card at the time of a transaction is received by us, to cover the amount of the transaction and any applicable fees, the transaction will be declined.
  6. Your Card enables you to carry out Offline transactions. You must at all times make allowances for this in your spending to prevent your account falling into a debit balance.
  7. A Shortfall shall be reimbursed by you unless it is due to an error on the part of the merchant/retailer where the Card was presented, in which case we suggest that you first seek the Shortfall from the merchant/retailer or alternatively file a charge back. In the event you file a charge back, a fee will be applicable as shown in the fee section of our Website.
  8. You agree that once we make a Shortfall known to you, we may charge such amount to your PayMix Account or against any funds which you may subsequently load onto your Card or to your PayMix Account. Until we are reimbursed the Shortfall amount, we will suspend your Card and any Additional Card. In addition, we reserve the right to charge you an administration fee for each transaction that you make using your Card that results in a Shortfall or increases the Shortfall amount on your Card as shown in the fee section of our Website.

 

5. Cancellation and expiry

This agreement will continue indefinitely unless terminated.

Your Card is valid for three years. You will not be able to use your Card after its expiry date. However, when it expires, unless we are instructed otherwise, we will issue you with a replacement card.

You have the right to cancel your Card at any time without notice by contacting our Customer Support. You will be asked to confirm that you have destroyed your Card.

If you cancel your Card, once all transactions and fees have been deducted, we will arrange for any balance on your prepaid card account to be refunded to you. A Refund Fee may be charged unless you have arranged to transfer the balance to a Personal/Business Account managed by us.

PayMix may ask you to stop using your Card and any Additional Card and to destroy it.

 

PayMix may at any time refuse to issue or replace a Card whenever:

  • we are concerned about the security of your PayMix Account or Card(s) we have issued to you;
  • we suspect your PayMix Account or Card(s) are being used in an unauthorised or fraudulent manner;
  • or we need to do so to comply with the law or the requirement of MasterCard.

 

After we would have blocked your Card(s) we shall notify you as soon as practical or when we are permitted to do so.

 

We may also cancel your agreement for any reason by notifying you as soon as practical:

  • if this agreement or your card expires on a set date and we have not agreed to renew this Agreement;
  • if you break an important part of this agreement, or repeatedly break the agreement and fail to resolve the matter in a timely manner;
  • if you act in a manner that is threatening or abusive to our staff, or any or our representatives or which we reasonably believe could damage our reputation;
  • if you fail to pay fees or charges that you have incurred or fail to put right any shortfall.

 

If your agreement is cancelled by us, once all transactions and fees have been deducted, we will arrange for any balance on your account to be refunded to you. A Refund Fee will be charged as shown in the fee section of our Website.

 

We may also cancel this agreement or suspend your Card or Personal/Business Account immediately if we believe your Card is deliberately being used by you to commit fraud or for other illegal purposes. If we do this we will tell you as soon as we are permitted to do so.

If your Card is cancelled, we will immediately block your Card so it cannot be used.

 

6. Security

You should treat your Card like cash. If it is lost or stolen, you may lose some or all of your money on your Card or Personal Account, in the same way as if you lost cash in your wallet or purse. As a result, you must keep your Card safe and not let anyone else use it. If you are issued with a PIN, you should memorise the PIN, then destroy the notification. You must keep your PIN secret at all times. You should not write your PIN down or reveal it to anyone. You can change your PIN to something more memorable at most ATM machines by following the on screen instructions or request a PIN change from our Web portal.

 

We recommend that you check the balance on your Card regularly online through our Web Portal. We will provide you with your Card balance and a statement of recent transactions on our secure page at any time. Your statement will show:

  • information relating to each Card transaction which will enable it to be identified;
  • the amount of the Card transaction;
  • the amount of charges for the transaction;
  • the date the transaction is posted on to the account.

 

You must either block your card through our web portal or tell us without undue delay by calling our 24 hour Customer Support if you know or suspect that a Card is lost or stolen or that the PIN is known to an unauthorised person or if you think a transaction has been incorrectly executed.

Provided you notify us and you have not acted fraudulently or with gross negligence we will refund the amount of any transactions which our investigations show are not authorised by you.

You must also inform us as soon as possible of any change in your name, address, phone number or e-mail address. If we contact you in relation to your Card, for example, to notify you if we are concerned about security of your Card or we suspect your Card is being used in an unauthorised or fraudulent manner, we will use the most recent contact details you have provided to us.

We will not be liable to you if your contact details have changed and you have not notified us accordingly or updated your profile through our Web Portal.

 

7. Liability

We will not be liable for any loss arising from:

  • a supplier refusing to accept your Card; or
  • our compliance with legal and regulatory requirements; or
  • loss or corruption of data unless caused by our wilful default.

 

We are also not liable for:

  • business interruption, loss of revenue, goodwill, opportunity or anticipated savings;
  • any indirect or consequential loss.

 

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

You are responsible for the use of your Card and any Additional Cards by anyone authorised by you and for any fees and charges that they may incur.

 

8. Force Majeure

PayMix shall not be responsible or liable for any losses arising out of any delay in or interruption of the performance of its obligations under this Agreement due to any act of God, act of governmental authority, act of the public enemy or due to war or terrorism, the outbreak or escalation of hostilities, riot, civil commotion, insurrection, labour difficulty in relation to a third party (including, without limitation, any strike, or other work stoppage or slow down), severe or adverse weather conditions, communications line failure, or other similar cause beyond the reasonable control of PayMix so affected at the time such causes arise (“Force Majeure Event”). PayMix shall be excused from its performance of its obligations for the duration of such Force Majeure Event provided that it shall at all times use all reasonable endeavours to mitigate the effects of such Force Majeure Event. If a Force Majeure Event continues for a period exceeding fifteen (15) consecutive Business Days then You will be entitled to terminate this Agreement without further charges.

 

9. Refunding transactions

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

  • the transactions was not authorised under this agreement;
  • we are responsible for a transaction which was incorrectly executed and notified us in accordance with section 6 above;

A claim for a refund in the circumstances set out above will not be accepted if it is made more than 100 days from transaction date.

 

10. Changes to the Terms & Conditions

We may change these terms at any time by giving you 60 days’ notice before the change is due to take effect (unless any change is solely to your advantage when it can be effected immediately).

Any change will automatically take effect and you will be taken to have accepted the notified change unless you tell us that you do not agree to the change. In that event, we will treat that notice as notification that you wish immediately to cancel the Card(s). In such circumstances we will refund any balance on the card(s) in accordance with clause 5 above and the Refund Fee will be waived.

 

11. Fees

A table of our relevant fees is available on the website.

We do not charge any fees for checking your on-line balance and transactions. However when you use your Card at an ATM for balance enquiries, you may be subject to applicable fees, surcharge rules and regulations of the relevant ATM, or other financial institution or association.

If we decide to increase or impose any new fees, we will notify you at least 60 days before such changes take effect.

 

12. Data Protection and Privacy policy

In purchasing the Card and using it, you agree that we can use your personal information in accordance with our Privacy Policy. Our Privacy Policy includes details of the personal information that we collect, how it will be used, and who we pass it to. You can tell us if you don’t want to receive any marketing materials from us.

If we suspect that we have been given false or inaccurate information, we may record our suspicion together with any other relevant information. Personal data may also be transferred confidentially to other organisations involved in issuing or operating your Card so that we can administer your Card correctly.

We may obtain information about you to help us verify your identity for fraud prevention and/or money laundering. All personal information given by you may be checked with fraud prevention agencies and other organisations involved in crime prevention and may be used for the investigation of fraudulent activity and crime prevention to meet our obligations under the card scheme regulations, and if you have given false or inaccurate information and we suspect fraud we will record this.

We may monitor and/or record telephone calls we have with you or any Additional Cardholder to help us maintain and improve the quality of our Customer Service or as required by applicable law.

 

13. Disputes with Retailers

If you have any disputes about purchases made using your Card, you should settle these with the person you bought the goods or services from. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with your Card. Remember that once you have used your Card to make a purchase we cannot stop that transaction.

 

14. Contact us

If you require further clarifications about Your prepaid cards, please do not hesitate to submit Your query using the ‘Contact Us’ tab through the company’s website (www.paymix.eu). Alternatively, You can also call Our Customer Support on +356 2247 0000 and we will do our best to assist You with any queries You might have.

To report Your cards lost or stolen, kindly block Your card directly through the web portal or call us immediately on +356 2247 0000.

 

15. Complaints

Our aim is to provide the highest possible standard of service to all Our customers. If, however, You wish to make a complaint about Our service or any other issue, please contact Us by submitting a complaint through the company’s website (www.paymix.eu) using the ‘Contact Us’ tab. Alternatively, You can also call Our Customer Support on +356 2247 0000 and provide them with full details of Your complaint. We will then investigate the situation and try to resolve the issue as quickly as possible.

 

If You remain dissatisfied with Our full response regarding Your Prepaid Card or Our other Services, You can write to:
Consumer Complaint Unit
Malta Financial Services Authority
Notabile Road
Attard BKR 3000
Malta

 

16. Right of assignment

We may assign the benefit and burden of these terms and conditions to another company at any time, on giving you 60 days’ prior notice of this. If we do this, your rights will not be affected.

 

We reserve the right at any time to transfer the balance on your prepaid card account to a new Card provided by another prepaid Card issuer. We will notify you 60 days’ before such transfer of the new prepaid Card arrangements and the new prepaid Card terms and conditions. Unless you advise us within the said notice period that you do not want a new prepaid Card from the new prepaid Card issuer, you agree that we can automatically transfer the balance on your prepaid Card to a new prepaid Card provided by the new prepaid Card issuer.

 

17. Language

This Agreement is concluded in English. All communications with you will be in English.

 

18. Governing Law

These terms and conditions will be construed in accordance with Maltese law and subject to the jurisdiction of the Maltese Courts.