Please carefully review these Terms and Conditions prior to using the App (defined below). Your attention is drawn to the fact that these terms may be amended from time to time and as such may have changed since you last reviewed them.
Definitions
Where to Find Information About Us and Our Services
All information about us and our services is available on our Website and the App.
Disclaimer
Fana is not an accounting, taxation, legal, financial, or professional advisor, and you should not rely on information given on the App to determine any consequences of making an Allocation to any Recipient. By downloading the App, you hereby agree that the App and the service are provided on an 'as is' basis and that the use of the App is at your sole risk. We do not guarantee, represent, or warrant that your access and use of the App will be uninterrupted or error-free. On that basis, except as expressly set out in these Terms and Conditions (and except for the rights, guarantees, and remedies which cannot be excluded), Fana does not provide any other conditions, guarantees, warranties, or terms in relation to the App and its associated service, to the extent permissible by law. Fana does not warrant or guarantee the accuracy of the content and/or information displayed on the App.
Account Creation
Upon accessing the App, you will be required to create an account to access the service. You will be asked to set up an account by providing us with a valid email address, your full name, your date of birth, and setting a password. You are responsible for maintaining the confidentiality of your account and password at all times. Please note that claiming any tax deductions using someone else’s personal data is against the law. If you become aware of any unauthorized access or activity on your account, we recommend that you change your password immediately and contact us by emailing help@myfana.com.
Service
The App, accessed through https://fanaverse.app, allows you to acquire Fana Impact Points (IP). You can purchase these IP using various traditional digital payment methods, including credit/debit cards, Apple Pay, Google Pay, or PayPal. Additionally, Fana IP can be credited to your Fana Impact Wallet through purchases you make with e-commerce merchants that partner with Fana. You can then use these IP to vote on allocations to charity Recipients listed within the Fana App. The listing of Recipients on the App is entirely at Fana’s discretion, and Fana is not responsible for the activities of any Recipient. All IP purchased, received, or loaded into your account is considered a final, non-refundable transaction. Fana does not have the obligation to refund any IP transaction that occurs within the Impact Wallet. However, Fana may, at its sole and absolute discretion, choose to refund IP purchased by Users in very specific instances, determined at its sole and absolute discretion. In these instances, Fana can only debit the amount that Fana received (less transaction fees) back to the originating payment account through Stripe. Fana cannot be instructed to debit funds back to any other account.
Allocation of IP
You can use the Fana Impact Points (IP) you have acquired to vote on allocations for various Recipients listed on the App. Fana has the final discretion on the actual amount allocated to each Recipient. Once you have used your IP to vote, the allocation is considered final. Fana is not obligated to adhere to the outcomes of these votes and may allocate funds at its discretion.
Use of IP
Fana will convert allocated IP to British Pounds (GBP) for transfer to Recipients. The typical conversion rate is 1 IP to £1.00, subject to deduction of Fana transaction fees and any other fees or expenses incurred by Fana in processing these payments. This conversion rate and associated fees are subject to change at Fana's discretion. Typically, Fana will convert and transfer funds to Recipients either annually or earlier if the total accumulated IP for a Recipient exceeds £1,000. The conversion and transfer schedule are subject to change at Fana’s discretion. We do not represent or warrant that the IP allocated by you will be used for any specific or particular purpose. We shall not be responsible for any dissatisfaction, misuse, or non-use of your IP allocation by the Recipient. Recipients reserve the right to use funds received from Fana for any purpose or appeal in accordance with their internal rules and practices. Fana is not responsible, nor can we ensure, that IP allocations are restricted or earmarked for specific appeals.
Unauthorized Allocation of IP
Any allocation of IP that is deemed unauthorized, such as allocations made without your consent or through fraudulent activities, will be subject to review. If you become aware of any fraudulent use of your account, or if it is lost or stolen, you must notify your account provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal, you should contact the provider of that payment method for assistance. We are unable to verify or carry out any due diligence regarding the authenticity of the Recipients. However, if we are able to recover any monies from the Recipients as a result of fraudulent activity, such monies shall be converted back to IP and returned to your Fana Impact Wallet.
We Are Not Responsible for Delays Outside of Our Control
If our supply of the service is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. Fana will not issue compensation for delay.
Fees
For information about our fees, please see the Fana - Fees document.
You Do Not Have a Legal Right to Change Your Mind
Upon purchasing Fana IP, you hereby authorize us to credit your account immediately and as such, you will no longer have a legal right to change your mind in relation to said purchase. Fana IP may only be used for the purposes of allocation to Recipients within the App. If you do not select any Recipients to receive your allocation, Fana may make a selection for you. Once you use Fana Impact Points (IP) to vote on allocations, the vote is considered final and non-refundable, and you authorize us to action the allocation immediately, and as such, you will no longer have a legal right to change your mind.
We Can Suspend / Withdraw the Service
We may modify, suspend, or discontinue part of or all of the App and/or associated service at any time with or without notice. Any new features, services, or software shall be subject to these Terms and Conditions.
Your Termination Rights
You may discontinue use of the App and the associated service at any time; however, these Terms and Conditions will continue to apply to your past use of the App. Any unused IP in your Fana account, at the date which you discontinue use of the App, will not be refundable.
We Don't Compensate You for All Losses Caused by Us or Our Services
We're responsible for losses you suffer caused by Fana breaking this contract unless the loss is:
Nothing in these Terms and Conditions excludes any statutory rights that may apply to your use of the App and associated service, which cannot be excluded, restricted, or modified by contract.
We Use Your Personal Data as Set Out in Our Privacy Notice
How we use any personal data you give us is set out in our Privacy Policy outlined in our Website and / or App.
Copyright
All content on the Website and the App is owned by Fana and its licensors. Please note that all content is protected by intellectual property and copyright laws. You may access the content so long as you do not modify, alter, or remove any copyright, trademark, or other proprietary notice and that your access complies at all times with these Terms and Conditions.
If You Fail to Comply with These Terms and Conditions
If you fail to comply with these Terms and Conditions, we reserve the right to suspend and/or permanently deny your account access to the App, at our sole discretion and without notice.
You Have Several Options for Resolving Disputes with Us
Other Important Terms Apply to Our Contract
We can transfer our contract with you, so that a different organization is responsible for supplying your service. We'll contact you to let you know if we plan to do this. You can only transfer your contract with us to someone else if we agree to this. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it, and neither of us will need to ask anybody else to sign-off on ending or changing it. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
Governing Law
These Terms and Conditions shall be governed by the laws of England and Wales.
This document outlines the fees associated with the use of Fana's services, including both the Fana Card and the Fana Impact Wallet. Please review these fees carefully, as they are a crucial part of our Terms and Conditions.
1. Subscription Fees
2. Transaction Fees
3. Other Potential Fees
4. Fee Changes
Fana reserves the right to modify, increase, or introduce new fees for both the Fana Card and the Fana Impact Wallet at any time. Changes to our fee structure will be communicated to users in accordance with our Terms and Conditions.
5. Fee Waivers and Discounts
Periodically, Fana may offer fee waivers or discounts for both the Fana Card and the Fana Impact Wallet as part of promotional activities or loyalty programs, subject to specific terms and conditions.
1. Rewards Overview:
Beginning 1 May 2024, Fana Card holders are eligible to earn a 1% cash back on qualifying purchases made with their Fana Card. These rewards are intended to be used exclusively for donations to charitable causes available on the Fana platform.
2. Eligible Purchases:
3. Earning Rewards:
4. Redeeming Rewards:
5. Rewards Expiry:
Cash back rewards do not expire as long as the Fana Card account remains active. If the account is closed, any unredeemed rewards will be forfeited.
6. Modification and Termination:
7. Disputes:
By participating in the Fana Card User Rewards Program, you agree to these terms and conditions. This rewards program is designed to enhance your ability to support charitable causes through your everyday purchases, aligning your spending with your values.
We are PayneticsUK Limited. Where these terms refer to “Paynetics”,“we”, “us” or “our”, this meansPaynetics UK Limited, a limited company in England and Wales (company number:12481335) with its head office and registered address at 1stFloor, 18 Devonshire Row, London, England, EC2M4RH. We operate the website at https://www.paynetics.digital/. We are authorisedby the Financial Conduct Authority under the Electronic Money Regulations 2011(register reference 942777) for the issuing of electronic money.
2.1. If you sign up to use our servicesand we onboard you as a client, we will provide you with:
(a) an electronic money account inGBP (the “GBP Account”) with a debitcard linked to it (the “GBP Card”);and /or
(b) an electronic money account inEuro (the “Euro Account”) with adebit card linked to it (the “Euro Card”).
2.2. Where these terms refer to:
(a) “Account”, this means the GBP Account and/or the Euro Account;
(b) “Cards”, this means the Euro Card and/or the GBP Card. A Card is atype of a payment instrument which allows you to access an Account`s separatebalance dedicated to the Card to make debit card payments. The Card may bephysical or virtual.
2.3. Our services allow you to:
(a) send money in your Account tothird parties (which we refer to in these terms as beneficiaries), such asfriends, family or persons you owe money to (this type of payment is referredto in these terms as a “Push Payment”);
(b) to spend money in your Accountat a merchant using your Cards (this type of payment is referred to in theseterms as a "Card Payment");
(c) withdraw cash from your Accountusing your Cards at an ATM (referred to in these terms as "Cash Withdrawal");
(d) exchange money in GBP for moneyin EUR by transferring money from your GBP Account to your Euro Account; and
(e) exchange money in EUR for moneyin GBP by transferring money from your Euro Account to your GBP Account.
2.4. An APP Scam is where a person uses a fraudulent or dishonest act orcourse of conduct to manipulate, deceive or persuade another person to transfermoney from the payer’s account to another account not controlled by the payer,where: (a) the beneficiary is notwho the payer intended to pay; or (b) the payment is not for the purposeintended.
2.5. We only reimburse victims of APP Scams in certain limitedcircumstances, including where money is sent from your GBP Account via fasterpayments. This does not include overseas payments or any payment method otherthan faster payments (please see clause 11for more detail). It is thereforeextremely important that you are vigilant when making requests to execute PushPayments. If you have any concerns at all about any Push Payments you are goingto ask us to execute on your behalf, please get in touch with us beforeinstructing the Push Payment.
3.1. This documentsets out the terms and conditions of our services. It also sets out otherimportant things that you need to know. These terms and conditions, along withthe fees page (which you can access by clicking on the following link https://resources.weavr.io/fana_consumer-programme-terms)(the "Fees Page") apply toour services and form a legal agreement (the “Agreement”) between you (being the holder of the Account and theCards) and us.
3.2. You canterminate these terms at any time by emailing or contacting our customerservices team using the details set out in clause 29.1 (the “Customer Relations Centre”). We canterminate these terms at any time by providing you with 2 months’ notice viae-mail.
3.3. You should be aware of the followingwhen reading these terms:
a. the web or mobile application which enables you to access yourAccount is developed, provided and maintained by a third party – “Technical Provider”,
b. technical provider means the operator that performs certaintechnical and operational functions in relation to our services, including theoperation of web or mobile application which connects the customers withPaynetics. For the sake of brevity, the web or mobile application through whichyou can access our services are collectively herein after referred to as “Platform” or Online Platform”;
c. the Online Platform further described in clause 8 (the “Platform”)will have the Technical Provider`s branding on it. However, it is important foryou to know that the Technical Provider does not provide you with any paymentservices. In other words, we and not the Technical Provider, issue you withelectronic money and your Accounts. We also execute all Push Payments throughyour Accounts. If you have any queries in this regard, please contact ourCustomer Relations Centre.
d. the Website means the following website: https://resources.weavr.io/fana_consumer-programme-terms
e. these terms are concluded in English - if you are reading a non-English version, please note that this is provided for reference only and theEnglish version is the version which applies;
f. when we refer to a business day, we mean a day other than a Saturdayor Sunday or bank holiday in England.
4.1. Your Account areelectronic money accounts within which you can hold electronic money. Your GBPAccount can hold electronic money in GBP and your Euro Account can holdelectronic money in Euro.
4.2. Electronic moneyis an electronic alternative to money. When you send money to your Account, wewill credit the relevant Account with a corresponding amount of electronicmoney. In these terms, when we refer to ‘money’ in your Account, what we mean iselectronic money.
4.3. Once you have money in your Account,you will be able to use our services.
4.4. Your Account differ from bankaccounts in that money in your Account:
(a) will not be invested or lent tothird parties;
(b) will not accrue interest; and
(c) will not be covered by theFinancial Services Compensation Scheme.
Money in yourAccount will be safeguarded, as explained in Clause 6.
4.5. You can credit your GBP Account:
(а) bymaking a payment via bank transfer using the details of the IBAN or accountnumber and sort code linked to your GBP Account as the beneficiary accountdetails; and
4.6. You can credit your Euro Account by making a payment via banktransfer using the details of the IBAN linked to your Euro Account as thebeneficiary account details.
4.7. If you send money to the wrong account by mistake when trying tocredit one of your Account, you should contact the financial institution fromwhich you sent money to us. We cannot accept responsibility for sending moneyby mistake using the services of other financial institutions.
4.8. Please note that someone other than you can credit your Account bymaking a payment via bank transfer using the details of:
(a) the IBAN or account number andsort code linked to your GBP Account as the beneficiary account details (fortop ups of your GBP Account);
(b) the IBAN linked to your EuroAccount as the beneficiary account details (for top ups of your Euro Account);or
(c) by sending money to one of yourAccount from their own account with us.
4.9. You may be charged a fee everytime your Account is topped up. Please see the Fees Page for more information.
4.10. We will deduct money from yourrelevant Account when you execute a Card Payment, a Cash Withdrawal, a PushPayment or exchange money from GBP to EUR or vice versa. We will also deductmoney from your Account when you owe us fees.
4.11. You can find out when money hasbeen added to and taken from your Account by checking the Platform.
4.12. You can send money from yourAccount to an account you hold with another financial institution by executinga Push Payment and providing your (non-Paynetics) account details as thebeneficiary account details.
4.13. We can hold money in yourAccount indefinitely. However, if you have not used the money in your Accountfor more than two years, we shall try and contact you to establish whether youstill want to have an Account with us. If we are unable to get in touch withyou, we reserve the right
to send the money in your Account, less our costs, to the last known(non-Paynetics) account we have on file for you. Any money will be converted tothe currency this (non-Paynetics) account is denominated in, using our standardexchange rate.
4.14. We may refuse to top-up yourAccount if:
(a) it would breach a restriction on your Account (please see clause 13and the Fees Page);
(b) your Account is inactive, blocked or terminated;
(c) the sender has provided incorrect/invalid Account details forpayment;
(d) Paynetics reasonably believes the payment is fraudulent, illegal orunauthorised or related to a prohibited transaction (please see clause 13.2).
5.1. You may choose to allow (andprovided you have given them your explicit consent):
(a) Providers of accountinformation service (i.e. an online service which accesses one or more paymentaccounts to provide a consolidated view of such accounts) to access informationon your Account; and/or
(b) Providers of payment initiationservice (i.e. an online service which allows a third party to initiate paymentson behalf of the account holder from their account and at their request) toinitiate payments (other than Card payments) from your Account.
5.2. Only those providers of accountinformation or payment initiation services that are authorised with theFinancial Conduct Authority to provide the relevant service in the UK, can begiven access to your Account. The Financial Conduct Authority’s register(available at https://register.fca.org.uk/) willtell you whether a provider is authorised in the UK, and we recommend you checkit before using their services.
5.3. We will treat any instructionfrom such providers of account information or payment initiation services as ifit was from you. Some providers may use your Account security details toprovide their service. You should always consider the implications of sharingyour security information.
5.4. We can deny providers ofaccount information or payment initiation services access to your Account if weare concerned about unauthorised or fraudulent access. We willnotify you of the denial of access and the reasons for it beforehandif possible or otherwise immediately afterwards (unless doing so wouldcompromise our security measures or would be unlawful). The access to yourAccount may be restored once the reasons for denying theaccess no longer justify such denial.
When we receive moneyfor your Account, we credit the relevant Account with electronic money and weplace the equivalent amount of money in segregated bank accounts withmainstream banks.
This is commonly known as safeguarding.
6.1. Safeguardingmeans that in the unlikely event that we get into financial difficulties, themoney which we safeguard will be protected from the claims of our creditors andit should be returned
to you in full, less the costs incurredby insolvency practitioners in distributing the safeguarded funds.
6.2. Segregated bankaccounts are bank accounts which we hold with mainstream banks, and which onlyhold client money and not our own money.
6.3.Money will not be safeguarded by us on your behalf, when it is deducted fromyour Account. 7. PUSH PAYMENTS
7.1. A Push Payment is us sending moneyfrom one of your Account to:
(a) another one of your Account orone of your non-Paynetics accounts;
(b) to an account belonging tosomeone other than you which can be a Paynetics account or a non-Payneticsaccount.
7.2. We use, and make available to you, various methods to execute PushPayments, including SEPA, Faster Payments. We do not guarantee that anyparticular payment method will be made available to you.
7.3. When we refer to a “beneficiary”in these terms, we mean a person who will receive the money subject to the PushPayment. The beneficiary account is the account, held by the beneficiary, thatyou want the money to be sent to.
7.4. You can make a request for a Push Payment to be executed via thePlatform or through a payment initiation service provider. You will need to letus know:
(a) the amount and currency of thePush Payment you wish to make;
(b) the name of the beneficiary;
(c) the reason for the payment; and
(d) if the Push Payment is to anon-Paynetics account, the account’s sort code and account number or forinternational Push Payments the account’s BIC and IBAN or account number andany other information we request from you.
7.5. The time of receipt of your request for a Push Payment is when wereceive it, which will typically be on the same day you make the request. Ifyou future date a Push Payment, then we will be deemed to have received yourrequest to execute the Push Payment on the date you want your Push Payment tobe executed.
7.6. We have implemented confirmation of payee for Push Payments fromyour GBP Account where the beneficiary account is located in the UK. This meansthat when you provide us with new beneficiary account details, we will checkthrough the confirmation of payee system that the name of the beneficiary youhave provided us with matches the name on the account with the sort code andaccount number you have provided us with. You will be provided with fourpossible outcomes from the confirmation of payee system:
(a) Yes, the name and account typeyou supplied matches the details on the account;
(b) No, the name is a close match;
(c) No, the name doesn’t match thename held on the account;
(d) Unavailable, it has not beenpossible to check the name because: timeout, account doesn’t exist etc.
You should take extremecaution when placing a request to execute a Push Payment, where the name youhave provided us with does not match, exactly or at all, the name on theaccount with the sort code and account number you have provided us with.
You should not take thefact that the name you have provided us with matches the name on the account,with the sort code and account number you have provided us with, as anassurance that you are not the subject of an APP Scam. If you have any concernsthat you might be the victim of an APP Scam, you must contact us prior toexecuting the Push Payment.
7.7. We confirm the details of each Push Payment order placed. After aPush Payment order is processed, you will be able to see the confirmation ofthe Push Payment on the Platform.
7.8. If you see confirmation of a Push Payment you did not place with us,you must contact us as soon as possible via the Customer Relations Centre.
7.9. We can refuse requests from you to execute Push Payment. If we doso, we shall, unless it would be unlawful for us to do so, notify you of therefusal and the reasons for that refusal. We will also let you know theprocedure for rectifying any factual errors that led to that refusal.
7.10. If you think that you haveprovided us with incorrect details, you must contact us via the CustomerRelations Centre as soon as possible.
7.11. You can only execute a PushPayment if you have enough money in the relevant Account. Your request toexecute a Push Payment will be rejected if you try to execute a Push Paymentbut there is not enough money in the relevant Account to cover the amount ofthe payment and any applicable fees.
7.12. You may cancel a request toexecute a Push Payment, at any time before the end of the business day beforethe Push Payment is due to be executed, via the Customer Relations Centre.
7.13. How long will it take for money sent via a Push Payment to reach thebeneficiary account? We are obliged by the PaymentServices Regulations 2017 to tell you the maximum amount of time it is allowedto take, for money in your Account to arrive with the beneficiary’s bank. Inmost cases, it will take less time than this. If you want details of the amountof time it is likely to take, please call us.
How long will it take for the money to reach the beneficiary account?
Type of Push Payment
If you provide your payment order at this time…..
The maximum amount of time permitted for money to arrive in the beneficiary account is….
From your Account to another
Account
Any time
There is no time limit. Money will be credited to the beneficiary’s Account immediately.
Push Payment in euro or sterling to a beneficiary account in the
EEA which is not a Paynetics
Account
Before 4pm on a business day
By the end of the business day after we receive your payment order
Push Payment in euro or sterling to a beneficiary account in the
EEA which is not a Paynetics
Account
After 4pm on a business day or not on a business day
By the end of the second
business day after we receive your payment order
Push Payment not in euro or sterling to a beneficiary account in the EEA which is not a
Paynetics Account
Before 4pm on a business day
By the end of the fourth business day after we receive your payment order
Push Payment not euro or
sterling to a beneficiary account in the EEA which is not a
Paynetics Account
After 4pm on a business day or not on a business day
By the end of the fifth business
day after we receive your payment order
7.14. When might we delay or not execute a Push Payment, when you havesent us a request to execute a Push Payment? Wemight do this when we have established that there are reasonable grounds tosuspect that your request to execute a Push Payment has been placed, subsequentto fraud or dishonesty perpetrated by a person other than you.
8.1. The Platform allows you to (amongother things):
(a) view the balance of money inyour Account;
(b) make requests for us to executePush Payments on your behalf; (c) viewthe details of the transactions on each of your Account, including:
(i) Card Payments;
(ii) Cash Withdrawals;
(iii) Push Payments; and
(iv) foreign exchange transactions.
(d) find out our foreign exchange rates for if you wanted to exchange money from EUR to GBP or GBP to EUR.
8.2. You can gain access to the Platform via the internet or via mobile application which you can download on the App Store https://apps.apple.com/gb/app/fana/id1645259354 or https://play.google.com/store/apps/details?id=com.charitable.fana&gl=UK. You require the following operating systems iOS or Android to download our App.
9.1. Cards are issuedunder the Mastercard brand pursuant to license granted by MastercardInternational or under the Visa brand pursuant to license granted by VisaEurope Limited. The Card allows you to make Card Payments with merchants whichaccept Mastercard© or Visa© and enter into Cash Withdrawals at ATMs whichaccept Mastercard© or Visa©.
9.2. We issue bothphysical Cards and ‘virtual’ Cards. A ‘virtual’ Card is not a physical card,rather you will be provided with the card number, expiry date and security codevia the Platform. You can then use these details to make Card Payments with merchants.
9.3. The value of Card Payments and CashWithdrawals and all applicable fees will be deducted from the balance of moneyin the Account linked to the Card you used.
9.4. You will be responsible for allgoods or services purchased with the Card. Any dispute with a merchant about aproduct or service purchased with the Card will be considered a dispute betweenyou and the merchant, and should be addressed directly to that merchant. We donot accept any responsibility or liability for the quality, safety, legality orany other aspect relating to goods or services purchased with the Card and donot provide any warranties regarding such goods or services.
9.5. We will not be liable if a merchantrefuses to accept your Card or if we have refused to execute a Card Payment orCash Withdrawal whilst acting in accordance with this Agreement.
9.6.Your Cards cannot be transferred and/or madeavailable to use by anyone but you.
9.7. Each Card has a validity periodwithin which you may use the Card. If your Card is physical, it will expire onthe last day of the month/year indicated on its front. If your Card is virtual,it will expire on the last day of the month/year indicated on the Platform oron the expiry date sent to you by e-mail. All CardPayments and Cash Withdrawals initiated after the expiration or cancellation ofthe Card will not be authorised or executed.
9.8. Your physicalCards will be sent to you via post within 10 business days of the date yourapplication is accepted. You may have to produce identification to receive yourphysical Cards. You must sign on the signature strip on the reverse side of yourphysical Cards immediately after receiving it. Your virtual Cards will beissued via the Platform immediately after your application is approved by us.
9.9. When you receive the physical Card,it will be inactive. You have to activate the physical Card before using it.The physical Card can be activated online by following the instructions foractivation provided to you.
9.10. You will beprovided with a PIN to use with your physical Cards. You can change your PIN atan ATM. You should memorise your PIN and then ensure that any media on which itis recorded is destroyed or at the very least not kept with your physical Card.You have important obligations to keep your security details, such as your PIN,safe.
9.11. You may request a new physicalCard if your existing Card is lost, stolen or destroyed. You will be charged afee for replacing the physical Card (please see our Fees Page).
9.12. You can give usan instruction and consent to a Card Payment and a Cash Withdrawal beingexecuted, using your Card, by any one of the following methods:
(a) in case of Cash Withdrawal froman ATM, by entering a PIN;
(b) in case of Card Paymentsin-store, by entering a PIN and/or signature on the receipt or bytapping/waving the physical Card (or a device where it is held) over a cardreader for contactless payments;
(c) in case of Card Payments onlineor over the phone, by providing your Card details and any other securityinformation or credentials, when requested.
9.13. Your consent for a Card Paymentmay cover a single payment or a series of recurring payments on the Card (suchas where you give your Card details to a merchant to be used for Card Paymentsin the future) for a set or variable amount. Please be careful when providingyour consent.
9.14. If there is insufficient moneyin your GBP Account or your Euro Account to complete a Card Payment or CashWithdrawal, including all applicable fees, funds will be automaticallytransferred from your Account in the other currency to your relevant currencyAccount at then prevailing currency conversion rates. If there is insufficientbalance in both your Euro Account and your GBP Account to complete a CardPayment or a Cash Withdrawal, including all applicable fees, the relevanttransaction will be refused. See clause 19 for more detail on the applicablecurrency conversion rates and fees.
9.15. Merchants in certain businesssectors (e.g., car rental companies, hotels and other service providers)estimate the amount of the final Card Payment to them and require us to“pre-authorise” or withhold the estimated amount in the Account your Card is linkedto. Sometimes, that withheld amount may exceed the final amount spent. In suchcases, the initially withheld funds will not be available to you for up to 15days until the final Card Payment request is received by us or released by themerchant. We may release such amounts only with the merchant’s consent.
10.1. You must takeall reasonable steps to keep your Card, the Platform and your password used togain access to the Platform (the “Password”),safe. This includes you:
(a) not telling anyone yourPassword or PIN or otherwise being careless with the secrecy of your Passwordand PIN;
(b) notifying us, via the CustomerRelations Centre, without undue delay:
(i) upon the loss or theft of yourCard;
(ii) upon you suspecting thatsomeone other than you knows your Password or PIN;
(ii) upon you suspecting that someone other thanyou is able to gain access to the
Platform;
(c) changing your Password and/oryour PIN as soon as reasonably possible if you suspect that someone, other thanyou, knows your Password and/or your PIN;
(d) ensuring that your Password isnot stored by the browser or cached or otherwise recorded by the computer orother device used to gain access to the Platform;
(e) maintaining the security ofyour computer systems, including having an anti-virus software, on the computeror other device you use to gain access to the Platform;
(f) ensuring that the e-mailaccount(s), phone number, mobile phone number, computer and other network usedto communicate with us are secure and only accessed by you; and
(g) taking all reasonable measuresto keep your Card safe;
(h) not writing down your Passwordor PIN unless it is done in a way to make it difficult for anyone else torecognise them;
(i) not recording your PIN on yourCard or keeping your PIN together with the Card;
(j) not allowing anyone else to usein any manner whatsoever your Card, your PIN, the Platform or your Password;
(k) keeping your Cards and anypersonal devices (mobile phones, computers, tablets) that can be used toexecute Card Payments secure and not letting anyone else use them to executeCard Payments or Cash Withdrawals;
(l) not choose a Password or PINthat would be easy for someone to guess such as letters or digits that:
(i) are easily associated with you,for example your telephone number or date of
birth;
(ii) are part of the data imprintedon the Card;
(iii) consist of the same digits(1111) or the sequence of running digits (1234); or (iv) are identical to previously selected PINs/passwords.
(m) use up-to-date virus, malware,and spyware software and a firewall on any devices used to access your Cards orthe Platform to reduce the risk of security breaches.
10.2. You have to notify us via the CustomerRelations Centre if:
(a) your Card has been withheld byan ATM;
(b) your Card is lost, stolen ormisappropriated; and/or
(c) you believe there has beenunauthorised use of your Card or Account or anyone else may be able to use oraccess the Platform, your Account, Card or security details.
10.3. We will make all reasonableefforts to stop the use of your Cards after receiving a notification from you.
10.4. We may restrict, block ordeactivate the Platform and/or one or more of your Cards if:
(a) we are concerned about thesecurity of your Cards;
(b) we become aware or suspect thatthe Platform and/or your Cards or security details relating to them might beused in an unauthorised, unlawful or fraudulent manner;
(c) we believe we need to do so tocomply with the law or a court order in any applicable jurisdiction;
(d) we receive an instruction to doso by a card organisation (such as VISA or Mastercard) or regulatory authorityor government agency;
(e) this Agreement is terminatedfor any reason;
(f) you ask us to do so;
(g) you have breached any term ofthis Agreement in a material way.
10.5. We will, if possible,notify you before restricting, blocking or deactivating the your Cards and thereasons for it. If we are unable to notify you beforehand, we will notify youimmediately afterwards. We will not notify you if doing so would compromise oursecurity measures or would be unlawful.
10.6. The Cards will be unblockedor re-activated (or replaced) as soon as possible after the reasons forblocking cease to exist.
11.1. Unless stated in clause 11.2 thatwe will not reimburse you, we will reimburse you the amount of money that youhave lost, as a result of an APP Scam, up to a maximum of £415,000, less anexcess of £100, where all of the following apply:
(a) you have been the victim of an APP Scam;
(b) the money which was the subject of the APP Scam was sent via a PushPayment from your GBP Account with us:
(i) to a payment account which is denominated in GBP and located in theUK and not controlled by you; and
(ii) via the faster payments scheme.
We will not deductan excess from the amount we reimburse you, if you were a Vulnerable Customerat the time the relevant Push Payment was executed and the vulnerabilityaffected your ability to protect yourself from the APP Scam. A VulnerableCustomer is someone who, due to their personal circumstances, is especiallysusceptible to harm - particularly when we have not acted with appropriatelevels of care
11.2. We will not reimburse you under clause11.1, if one of the following circumstances applies:
(a) we determine that you:
(i) are a party to the fraud;
(ii) are claiming fraudulently or dishonestly;
(iii) are claiming for an amount which is the subject of a civil disputeor other civil legal action or which was paid for an unlawful purpose;
(b) any of the circumstances described in clause 11.1. para (b), letter(i) or letter (ii), is not fulfilled;
(c) you reported the Push Payment as being as a result of an APP Scammore than 13 months after the Push Payment was executed;
(d) the Push Payment was executed prior to 7 October 2024;
(e) where we can demonstrate that you have, as a result of grossnegligence, not complied with one or more of the requirements set out in theConsumer Standard of Caution and this had a material impact on your ability toprotect yourself from the scam, unless you were a Vulnerable Customer at thetime the payment was executed and this had a material impact on your ability toprotect yourself from the scam;
(f) on other grounds explicitly provided for in the applicable APP Scamrules of the regulatory authorities in the UK, such as Pay.UK, Payment SystemsRegulator, FCA, as amended and supplemented from time to time.
11.3. TheConsumer Standard of Caution requires you to:
(a) have regard to any intervention made by us (including through theconfirmation of payee system) and/or any competent national authority (such asthe Police or the National Crime Agency);
(b) upon learning or suspecting that you were the victim of an APP Scam,report it promptly to us;
(c) respond to any reasonable and proportionate requests for informationmade by us;
(d) (upon our request) report the scam to the police or consent to usreporting the scam to the police on your behalf.
11.4. It will be morelikely that we can demonstrate that you have been grossly negligent incomplying with the Consumer Standard of Caution if:
(a) you proceed with a Push Payment, despite having been told that thename of the beneficiary you have provided us with does not match the name onthe account that you have provided us with the sort code and account number of;
(b) you rely upon a confirmation that the name of the beneficiary youhave provided us with matches the name on the account you have provided us withthe sort code and account number of as proof that you are not the victim of anAPP Scam.
11.5. If you are entitled to a refundfrom us, as a result of you being the victim of an APP Scam, we will reimburseyou within five business days of you telling us about the APP Scam unless we“stop the clock”. If we avail ourselves of the “stop-the clock” opportunity andask you to provide us with additional information and/or documents to be ableto assess your APP Scam claim, you should cooperate in good faith with us andprovide us with all information and/or documents reasonably requested withinyour possession or knowledge. We are entitled to “stop-the clock” to gatherfurther information to assess your claim for reimbursement. If we “stop theclock”, we must in any event decide whether your claim is to reimbursed or notwithin 35 business days of you telling us about the reimbursement scam.
11.6. If you think that you areentitled to reimbursement under this clause 11, please get in touch with us viathe Customer Relations Centre as soon as possible.
12.1. If:
(a) money sent by us via a PushPayment has been sent to the wrong account; or
(b) money sent by us via a PushPayment and/or a Card Payment has been sent without your authorisation or acash Withdrawal has been made without your authorisation,
then you mustcontact us via the Customer Relations Centre as soon as possible, and in anyevent within 13 months of the date of the relevant transaction.
12.2. You are entitled to a refund where:
(a) money sent via a Push Paymenthas been sent to the wrong account; or
(b) money sent via a Push Paymentand/or a Card Payment has been sent without your authorisation; or
(c) money has been withdrawn fromyour Account without your authorisation, and you have notified us within 13months of the relevant transaction having been executed.
12.3. You will be liable for up to £35 of lossesarising from:
(a) someone other than you beingable to access the Platform and execute an unauthorised Push Payment; and
(b) someone other than you usingyour Card to execute a Card Payment or a Cash
Withdrawal,unless one of the below circumstances applies in which case we are fullyliable:
(a) you couldn’t have known thatyour Card was at risk of being misused prior to it being
misused;
(b) the Push Payment or CardPayment or Cash Withdrawal (as appropriate) happened because someone we areresponsible for made a mistake;
(c) the Push Payment was made afteryou told us that someone knew your Password or could gain access to thePlatform and if we had acted on this information, this would have preventedyour loss;
(d) the Card Payment or CashWithdrawal was made after you told us that you had lost your Card or thatsomeone else had access to it and if we had acted on this information, thiswould have prevented your loss;
(e) we didn’t give you a way totell us about someone other than you being able to access the Platform or yourCard being out of your control and if we had of done, this would have preventedthe loss;
(f) the law required us to make youfollow certain security procedures when you instructed us to make the PushPayment via the Platform and we didn’t do this.
12.4. You are not entitled to any refund:
(a) where you have actedfraudulently or have intentionally or carelessly failed to keep your Card, yourPIN, the Platform or your Password safe (including in accordance with clause10) unless you told us about this before the Push Payment or the Card Paymentor Cash Withdrawal was made. For example, we wouldn’t make a refund if you gavesomeone your Password or your Card and they made a Push Payment or a CardPayment or a Cash Withdrawal without you knowing about it;
(b) if we can prove to you that thebeneficiary’s bank received the amount of the Push Payment on time - in thiscase you or the beneficiary may be able to recover any losses from thebeneficiary’s bank.
12.5. If you are entitled to arefund, we will refund you by the end of the business day following the day webecome aware, unless we suspect fraud and notify the appropriate authorities.If we subsequently reasonably believe that you were not entitled to the refund,we will have the right
to deduct the amount of the refund fromany funds on Account you hold with us and reserve the right to recover thevalue of the refunded payment by any other legal means.
12.6. If you gave us the wrongbeneficiary account details, we will not issue you with a refund, but we willtry and trace the money subject to Push Payment for you. We may charge you areasonable fee for tracing this money.
12.7. If it takes longer than itshould for money to be deposited in the beneficiary account, please let us knowand we can make a request to the beneficiary’s account provider to treat thePush Payment as if it was made on time.
13.1. To use our services you must:
(a) be an 18 years of age or older; (b)be an individual who is a UK resident;
13.2. You must not use our services:
(a) for trading or businesspurposes;
(b) for any fraudulent purposes;
(c) any activities which do notcomply with any applicable laws or regulations, including but not limited tolaws relating to money laundering, fraud, financial services or consumerprotection;
(d) for any activities listed onour website or the Partner’s website as prohibited;
(e) in relation to any ‘pyramid’arrangement, Ponzi schemes or similar marketing or matrix programs or otherschemes for ‘quick enrichment’ or high-yield investment programs;
(f) for the sale, supply orpurchase of illegal items or items promoting or facilitating illegalactivities;
(g) for the sale, supply orpurchase of counterfeit products or products infringing intellectual propertyrights;
(h) for products or services forthe processing or aggregation of payments by third parties;
(i) for money laundering;
(j) for terrorist financing orpropaganda;
(k) for pornography, escortservices and selling and/ or advertising sexual services.
13.3. We can stop providing you withour services if you breach this clause 13.
13.4. We may impose restrictions onyour use of our services so that we can comply with our regulatory obligationsand risk appetite. These restrictions will be set out on the Fees Page and/orthe Website and may change from time to time. These restrictions may includethe following:
(a) limits on minimum amountyou can top-up your Account by;
(b) a maximum balance of yourAccount;
(c) a maximum amount of asingle Push Payment, Card Payment and Cash Withdrawal you can
carry out;
(d) a maximum volume of PushPayments, Card Payments and Cash Withdrawals in a given
time period;
(e) a maximum number of PushPayments, Card Payments and Cash Withdrawals you can execute in a given timeperiod.
13.5. Wemay:
(a) refuse to top-up yourAccount, if the top-up would cause your Account to exceed its limit or if wesuspect the payment is fraudulent or against the law in some other way;
(b) refuse to execute a PushPayment, a Card Payment or a Cash Withdrawal if it would breach a restriction.
13.6. In addition, we may also applyinternal controls, includinglimits,to certain types of transactions from time to time butfor security purposes,we may be prohibited to disclose them to you.
14.1. If you feel that we have not metyour expectations in the delivery of our services or if you think that we havemade a mistake, please let us know. You may let us know by contacting theCustomer Relations Centre.
14.2. You can find more information onhow we handle complaints on our website (https://www.paynetics.digital/complaints/).We will provide you with a copy of our complaints procedure uponrequest or if we receive a complaint from you.
14.3. In most cases, wewill review your complaint and provide a full response within 15 business daysof the date of the complaint. In exceptional circumstances, where we are unableto respond to your complaint in full within that timeframe, we will send you aholding response setting out the reasons for the delay and the timeframe withinwhich you will receive a full response, which in any case will be within 35business days of the date of the complaint.
14.4. If we fail to provide a fullresponse to your complaint within the time limit referred to above or havefailed to resolve your complaint to your satisfaction, you may refer yourcomplaints to the Financial Ombudsman Service (Exchange Tower, London E14 9SR,phone 0800 023 4567, email complaint.info@financial-ombudsman.org.uk). Detailsof the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
15. WHERE CAN YOU GETINFORMATION ON HOW WE HANDLE PERSONAL DATA?
15.1. We are a Controller of yourpersonal data. Details of how we process your personal data are set out in ourprivacy policy, which is available on the following weblink https://www.paynetics.digital/uk-privacy-policy/.
15.2. By agreeing to these terms, youare providing your explicit consent to us accessing, processing and retainingyour personal data for the provision of payment services.
16.1. We shall keepyour confidential information (such as your name and address and details ofcontracts you have entered into) confidential and shall not use suchconfidential information except for the purpose of exercising or performing ourrights and obligations under these terms.
16.2. Please note that we may discloseconfidential information to:
(a) our staff and advisers (forexample legal and compliance firms) and any partners we work with, providedthat we ensure they keep it confidential;
(b) the Technical Provider;
(c) the extent required by law orby any governmental or other regulatory authority or by a court or otherauthority of competent jurisdiction;
(d) the bank we use to provide uswith banking facilities in the normal course of business.
17.1. Before weprovide any of our services to you, you will have to successfully complete ourprocess for verifying your identity. The process may involve you providing uswith a valid passport / ID card and a bank statement or other identificationdocuments, as well as a selfie, together with the presented identity documentin real time, or any other procedure we may specify. We may use ID verificationagencies or other automated platforms to verify your identity.
17.2. We may requireadditional documentation and information from you during the lifetime of theseterms. You should provide us with true and complete information and/ordocuments upon onboarding you as a client and during the lifetime of theseterms. If you do not provide us with the information or documentation werequire, we may withhold our services and freeze your money until we receivethe documentation or information that we require. If you provide us with falseor misleading information and/or documents, we may terminate this Agreementwith 2 months` notice and withhold our services and freeze your money until thedate this Agreement is terminated.
17.3. We reserve theright to carry out all and any necessary money laundering, terrorist financing,fraud or other illegal activity checks including due diligence in relation tothe beneficiary before executing a Push Payment or a Card Payment.
17.4. We, or someoneacting for us, may carry out electronic verification checks in order to verifyyour identity. This will leave a soft footprint on your credit history.
18.1. We may transferour rights under these terms and associated contracts to another organisationwithout your consent. We shall let you know in advance before doing so. Youcannot transfer your Card, your access to the Platform or your Account or any otherrights under these terms to anyone.
18.2. We recordtelephone conversations and may use them as evidence if you make a complaint.We shall destroy our recordings in accordance with our normal procedures.
18.3. You can obtaina copy of these terms. A copy is always available the Website or via theCustomer Relations Centre.
18.4. If we or youhave breached these terms and the non-breaching party doesn't enforce itsrights, or delays in enforcing them, this will not prevent the non-breachingparty from enforcing those or any other rights at a later date.
18.5. We shall haveno liability to you if we are prevented from or delayed in performing ourobligations under these terms by acts, events, omissions or accidents beyondour reasonable control provided that you are notified of such an event and itsexpected duration.
18.6. Each of theclauses of these terms operate separately. If any court or relevant authoritydecides that any of them are unlawful, the remaining paragraphs will remain infull force and effect.
18.7. We can changethese terms, including the fees you are charged, by giving you two months’notice via email. We shall assume that you are happy with the changes unlessyou tell us that you want to terminate this Agreement before the changes comeinto force.
18.8. These terms are governed by the laws ofEngland.
18.9. Legal proceedings can be issued in thecourts of England & Wales. In addition:
(a) if you live in Scotland, legalproceedings can be issued in the Scottish courts;
(b) if you live in NorthernIreland, legal proceedings can be issued in the Northern Irish courts.
19.1. Feesthat apply to our services are set out on the Fees Page.
19.2. If money sent to one of yourAccount is in a currency other than the currency of that Account, then thismoney will be convertedinto the currency of the relevant Account using anexchange rate made up of a reference rate (details of which are available onthe Platform) plus the currency conversion mark-up fee as set out in theFees Page. The exchange rate will be determined at the time the money isreceived.
19.3. Ifa Card Payment or Cash Withdrawal is in a currency other than the currency ofthe linked
Account, then the amount deducted will bethe amount of the Card Payment or Cash Withdrawal converted to the currency ofthe linked Account using the reference exchange rate applied by MasterCard®(available at https://www.mastercard.co.uk/en-gb/personal/get-support/convert-currency.html)plus the currency conversion mark-up fee set out in the Fees Page. The exchangerate shall be determined on the date that the Card Payment or Cash Withdrawalis processed. The referenceexchange rate is not set by us and varies throughoutthe day meaning it may changebetween the date the Card Payment or Cash Withdrawal ismade and the date it is processed. We provide information on the total currencyconversion charges applicablewith respect to Card Payments and Cash Withdrawals,expressed as a percentage mark-up over the latest available euroforeign exchange reference rates issued by the European Central Bank onthe Platform.
20.1. You shallindemnify us against all amounts we are required to pay to another financialinstitution, together with all associated losses, expenses and costs (includingall interest, penalties, legal costs (calculated on a full indemnity basis) andprofessional costs and expense, where both:
(c) that other financial institution has compensated its customer as aresult of its customer claiming to have been the victim of an APP Scam; and
(d) any money which that customer paid, as part of the APP Scam, wascredited or meant to be credited to your Account.
20.2. We may deductany monies you owe us in accordance with clause 20.1 from your Account(s) andfrom your Card(s) and if you do not have sufficient funds, this will result inyour Account, having a negative balance.
If any actionresults in a negative balance in one or more of your Account, you must top-upthe relevant Account(s) by the amount of the negative balance immediately. Ifone Account has money in it and the other has a negative balance, then we shallbe able to transfer money from the Account with money in it to the one with thenegative balance. Until the negative balance is reimbursed in full, we may:
(a) suspend your Account(s) and Cards;
(b) charge you interest at 4% above the base rate of the Bank of Englandon such negative balance; and/or
(c) take legal action against you to recover such amount and charge youour reasonable costs in pursuing you.
We will provideyou with information about transactions on your Account and fees applied bymeans of electronic statements which will be accessible on the Platform.Statements will not be provided on paper. You should carefully review thesestatements regularly. Your statements will remain available on the Platform foryou to access for 1year. You may wish to download or print your statementsfor your future reference. You will be charged a fee (see Fees Page) if you askus to provide additional information or provide it in a different manner thanas described here.
23.1. If we have received a payment foryour Account but we have not credited correctly or on time, we will immediatelycredit your Account with the correct amount including any fees to restore theAccount to the position it would have been at if the payment was executedcorrectly and on time.
23.2. If we top-up your Account when weshouldn’t have done or when this money does not belong to you, (for examplesomeone sent it to you by mistake), we may, where we consider it reasonable todo so, take this money from your Account and return it to the sender. We areobliged to provide certain information to the sender’s payment service providerabout you and the payment to enable them to recover their funds.
24.1. If you authorise a Card Paymentwithout knowing the final amount of the payment (for example, when renting acar or booking a hotel room) and you think that the final amount of the paymentis too much, you have the right to ask us to process a refund of such paymentprovided that all of the following conditions are met:
(a) you have asked for a refundwithin 8 weeks of the Card Payment;
(b) at the time of authorisation toexecute the Card Payment, the exact amount of the Card Payment was notspecified; and
(c) the amount of the Card Paymentexceeded the amount you could have reasonably expected, taking into accountyour previous spending patterns and the case-specific circumstances. If theamount of the Card Payment increased because of the currency exchange rateswhen the reference exchange rate agreed with us has been applied, this will notbe a valid reason.
24.2. Within 10 business days ofreceiving your request for a refund, or, where applicable, of receiving thefurther information we requested, we will refund the full amount of the CardPayment or inform you of the refusal to refund it, together with the groundsfor refusal and the authorities to which you can complain if you do not acceptthose grounds. The refund will include the entire amount of the Card Paymentwhich will be dated back to the date on which your Account was debited.
24.3. You will not be entitled to arefund of any Card Payment that was initiated by or through payee when:
(a) you have given your consent toexecute the Card Payment directly to us; and
(b) where applicable, we or thepayee has informed you about the upcoming Card Payment at least 4 weeks beforeit was due to be made.
25.1. Wewill not be liable to you for any damages or losses arising from or relatingto:
(a) any Push Payments, CardPayments or Cash Withdrawals executed in accordance with the information orinstructions provided by you which were incorrect, inaccurate or incomplete;
(b) refusal of a merchant, ATM orany other person to accept the Card as a payment method;
(c) your failure to use the Card orAccount in accordance with this Agreement;
(d) loss of revenue, goodwill, lostbenefits or expected savings;
(e) you acting fraudulently or withgross negligence;
(f) the quality, safety, legalityor any other aspect of goods and/or services purchased using a Card Payment orPush Payment or any possible disputes arising between you and the provider ofsuch goods/services;
(g) any loss or damage which is nota direct result nor a direct consequence of a breach of this Agreement byPaynetics; or
(h) any loss or damage caused by avirus, Denial of Service attack dissemination or other technologically harmfulmaterial that may infect a computer or other device or equipment, softwareprograms, data or other proprietary material in connection to the Card, Accountand this Agreement;
25.2. None of the terms of thisAgreement will limit or exclude our liability for fraud, gross negligence orany other liability which cannot be legally excluded or limited by law.
This Agreementwill become effective when your application is approved by us. This Agreementwill remain valid until it is terminated in accordance with its terms.
27.1. We may closeand/or suspend and/or deduct an appropriate amount of money from yourAccount(s) and Cards immediately in exceptional circumstances. Exceptionalcircumstances include, for example the following:
(a) if we have good reason to suspect that you have behaved or arebehaving fraudulently or otherwise criminally;
(b) if we believe, acting reasonably, or if another PSP informs us thatmoney has been credited to your Account as a result of an actual or alleged APPScam;
(c) if you haven't given us (or someone acting on our behalf) anyinformation we need, or we have good reason to believe that information youhave provided is incorrect or not true;
(d) if you've broken these terms and conditions in a serious orpersistent way and you haven't put the matter right within a reasonable time ofus asking you to;
(e) if we have good reason to believe that your use of the Platform isharmful to us or our software, systems or hardware;
(f) if we have good reason to believe that you continuing to use yourAccount and/or Cards could damage our reputation or goodwill;
(g) if you behave in a disrespectful or abusive way to our or thePartner’s staff, for example by harassing or insulting staff members or usingoffensive language while communicating with them;
(h) if we have asked you to repay money you owe us and you have not doneso within a reasonable period of time;
(i) if you've been declared bankrupt or deceased; or
(j) if we have to do so under any law, regulation, court order orombudsman’s or card organisation’s instructions.
27.2. If we close orsuspend your Account(s) and Cards, you will only be able to send money via PushPayment to a non-Paynetics account before this Agreement is terminated. Youwill not be able to top-up your Account, make any Card Payments or Cash Withdrawals.
28.1. Youcan redeem all or part of the money credited to your Account by either:
(a) executing a Cash Withdrawal; or
(b) executing a Push Payment and sending money in your Account to anaccount you hold with another payment service provider.
The standard fees(if any) for these transactions will apply.
28.2. After this Agreement hasbeen terminated, you can only redeem the money credited to your Account byrequesting that all of the money in your Account is sent to an account in yourname with another payment service provider (our standard fees shall apply tothis payment). You can request this by contacting the Customer RelationsCentre. We may require you to provide satisfactory confirmation of your identityand address before the refund is made. If you do not have an account inyour name with another payment service provider, please contact the CustomerRelations Centre to discuss other options.
28.3. All redemptions will bepaid out in the currency of the account you want your money to be sent to.Accordingly, if this is different to the currency of the Account beingredeemed, your money will be exchanged at the exchange rate (if applicable)prevailing at the time of processing the redemption.
28.4. A redemption fee (see FeesPage) will be charged to cover redemption costs on each redemption requestif a redemption is requested more than one year after the date this Agreementis terminated.
28.5. We will not refund theremaining value of money in your Account if you make the request for redemption more than 6 years after the date of termination of thisAgreement.
29.1. You can contact our CustomerRelations Centre using the contact details set out in the table below. We mayrecord any conversations with the Customer Relations Centre for monitoringpurposes and we may use them as evidence if you make a complaint. These recordingsshall be destroyed in accordance with our normal procedures.
Method
Details
Telephone (open from [09:00 am to 06:00 pm BST)
+44 20 3761 6110
team@myfana.com
29.2. To report a lost, stolen ormisappropriated Card or unauthorised access to your Platform or Account, pleasecontact us via the Platform or via telephone to +44 20 37698510 (available 24hours a day)
30. How we can contactyou:
Method
Details
Call you or text you
The telephone number you provide us with when being onboarded as a client as updated by you from time to
time
The email address you provided us with then being onboarded as a client, as updated by you from time to time.
Write to you
The address you provide us with when being onboarded as a client, as updated by you from time to time.
In the event of security threats or fraud
We will contact you via SMS, telephone or email.
If we contact youin the event of security threat or fraud, we will never ask you to give your fullsecurity details (such as PIN or Password) or ask you to transfer money to anew account for security reasons.
It is essentialthat you notify us as soon as any of your contact details change. You can dothis via the Platform. We will not be liable for any losses you incur as aresult of your contact details having changed where you have failed to informus that they have changed.
Fana Prize Draw Official Rules
1. Introduction
These terms and conditions govern all Fana Prize Draws. By participating, entrants agree to be bound by these rules.
2. Promoter
The promoter of the Fana Prize Draw is Fana Impact Foundation, Inc., a registered 501(c)(3) charity in the USA.
3. Eligibility
- Open to legal residents of eligible countries.
- Entrants must be at least 18 years old or the age of majority in their jurisdiction.
4. Entry
- No purchase necessary for entry.
- Entries can be made by donating through designated channels or other methods as specified.
- Each donation or alternate method of entry counts as one entry unless otherwise specified.
5. Prize
- The prize(s) for each draw will be specified at the time of the draw.
- Prizes are non-transferable and no cash alternative is available.
6. Winner Selection
- Winners are randomly selected from all eligible entries.
- Odds of winning depend on the number of entries received.
7. Notification
- Winners will be notified via the contact information provided.
- If a winner does not respond within the specified time frame, an alternate winner may be selected.
8. Publicity
- By accepting a prize, winners consent to the use of their name and likeness for promotional purposes without additional compensation, unless prohibited by law.
9. Liability
- Fana is not responsible for any lost, late, or misdirected entries.
- By entering, participants agree to release Fana from any liability arising from participation in the draw or the acceptance and use of any prize.
10. Privacy
- Personal information collected is used solely for the purpose of administering the draw and in accordance with Fana’s privacy policy.
11. Governing Law
- These terms are governed by the laws of the United Kingdom.
12. Amendments
- Fana reserves the right to amend these rules or cancel the draw at any time without prior notice.
13. Free Entry Route
- The Fana Prize Draw is a free draw, not subject to the Gambling Act 2005.
- Participants have a free route to entry without any payment required.
- Details on how to enter for free will be provided with each draw.
14. Fund Allocation
- Funds raised in prize draws benefit the streamer, the audience, and charities.
- Fana donates 90% of the net proceeds to the charity chosen by the streamer, while the remaining 10% covers technology and infrastructure costs for running the platform.
- "Net proceeds" means the funds raised minus the direct costs associated with prizes, streamers, and reasonable marketing and operation costs for the promotion.
15. Campaign Management
- Prize draws campaigns are run by our creator partners, who decide the terms of how long the campaign lasts and when draws happen.
- Prize drawing will typically occur on stream and contests will need to abide by any additional rules or terms as indicated by the creator on stream.
16. Contact
For any questions or concerns, please contact support at https://www.fanaverse.io/impact.
By participating in the Fana Prize Draw, entrants agree to these official rules and the decisions of Fana, which are final and binding in all respects.
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