Terms and Conditions/Definitions for the ClinCard Prepaid MasterCard®

IMPORTANT INFORMATION: Please read this Agreement carefully before using your Account. This Agreement becomes effective and binding on you upon activation of your Card and for the entire period of validity of your Card.

  1. 1. Definitions & Interpretation
    Account The electronic money account associated with your Card.
    Agreement These terms and conditions relating to the use of your 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 Card and/or services to be provided under this Agreement or such other rule as deemed valid by TPML from time to time.
    Available Balance The value of unspent funds loaded onto your Account and available to use.
    Business Day Monday to Friday, 9am to 5pm CET, excluding bank and public holidays in Malta.
    Card The prepaid card issued to you to be used in accordance with this agreement and which includes any of the following as applicable: a Primary Card and any replacement Cards.
    Customer Services The contact centre for dealing with queries about your Card and Account. You can contact Customer Services by calling: i. International Toll-Free: +800 83830123 or if Toll-Free is not supported: +44 (0) 2031399028; ii. e-mailing helpdesk@i2c.com from the email address registered to your Online Account.
    Expiry Date The expiry date printed on your Plastic Card. The Expiry Date is the last day of the month listed on the front of the card.
    Fee Any fee payable by you as referenced in the Fees & Limits Schedule.
    Fees & Limits Schedule The schedule contained in this Agreement.
    KYC Our confirmation of your Personal Details by conducting electronic verification of your details or by your provision of relevant identity documents.
    Merchant A retailer or any other person that accepts e-money.
    Online Account The area on the Website that allows you to access your Account and carry out the functions specified in clause 9.1.
    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.
    Plastic Card A plastic pre-paid Card which may be used for on-line and off-line Transactions and which includes any Card apart from Virtual Cards;
    Primary Card The first Card issued to you in response to registration of your Account in accordance with this Agreement.
    Primary Cardholder The person who has been issued with the Primary Card and who is responsible for the use of all other Additional Cards in accordance with this Agreement.
    Program Manager Greenphire, Inc.; P.O. Box 60473, King of Prussia, PA 19406 USA
    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 agreement, including without limitation the Malta Financial Services Authority
    Schemes MasterCard as shown on your Card; MasterCard is a registered trademark of MasterCard International Incorporated
    Transaction Using your Card to make (i) a payment, or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of your Card including where payment is made over the internet, by phone or mail order or (ii) a cash withdrawal made from an ATM or bank using your Card.
    Username and Password A set of personal codes selected by you in order to access your Online Account;
    Website www.clincard.mycardplace.com
    we, us or our Transact Payments Malta Limited a company incorporated in Malta with registered address Vault 14, Level 2, Valletta Waterfront, Floriana, FRN 1914 and company registration number 91879 and authorised by the Malta Financial Services Authority as an electronic money institution or the Program Manager acting on our behalf.
    you or your You, the person who has entered into this Agreement with us by virtue of your use of the Card and or Account and any other person you have authorised to use any Cards in accordance with this Agreement.
  2. 2. Your Agreement, Card and Account
    1. 2.1. Your Card is issued by us pursuant to a license from the Scheme and your rights and obligations relating to the use of the Card are subject to this Agreement.
    2. 2.2 You can download or print the latest version of this Agreement at any time from the Website and/or request a paper copy from Customer Services.
    3. 2.3. Your Card is an e-money product; it is not a credit, charge or debit card or connected in any way to your bank account.
  3. 3 Activation of your Card
    1. 3.1. To use a Card, you must be at least 18 years old.
    2. 3.2. Regardless of the type of Card you have, you are permitted to have only one Account where your Available Balance is located.
    3. 3.3. When you receive your Plastic Card, you must sign it immediately and then call Customer Services to retrieve your PIN.
  4. 4 Personal Data
    1. 4.1. 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 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 Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Agreement in accordance with clause 11.1(ii)(b) below.
    2. 4.2 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 and the conditions under which we may disclose it, please refer to our Privacy Policy which provided to you at the time we collect your Personal Data.
    3. 4.3 If you enter 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.
    4. 4.4. You must notify us of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in your Online Account. 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.
    5. 4.5. 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 Account, you authorise us to undertake electronic identity verification checks on you either directly or using relevant third parties.
  5. 5 Loading your Card
    1. 5.1. The Program Manager will load funds to your Card and funds cannot be loaded by you or accepted from any other source and we reserve the right to refuse any particular loading transaction.
    2. 5.2. The Annual Load Limit is the maximum amount of funds that can be loaded onto your card in a revolving 365-day period. The period begins upon the first load of funds.
    3. 5.3. The Annual Load Limit value is 15000 EUR or the currency equivalent of the card currency.
  6. 6 Using your Card
    1. 6.1. Your use of the Card is subject to the applicable Fees detailed in the Fees & Limits Schedule, which shall be deducted from the Available Balance based on the location in which your card was originally distributed.
    2. 6.2. You can use the Card at any Merchant who accepts the applicable Scheme to (where permitted by your Card-type) make purchases in-store, via the internet or over the phone and to withdraw cash from ATMs and banks who agree to provide this service (subject to any additional fees that such ATM operators or banks may charge), unless we inform you otherwise.
    3. 6.3. 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. 6.4. If for any reason a Transaction is carried out but its amount exceeds the Available Balance, you must pay us the deficit immediately, and if you fail to do so we reserve the right to take all necessary steps, including legal action, to recover this deficit.
    5. 6.5. There are certain circumstances where a Merchant may require you to have an Available Balance greater than the value of the Transaction you wish to make. You will only be charged for the actual and final value of the Transaction you make. Merchants request this as they may need to access more funds than you initially planned to spend. For example, when making hotel or rental car reservations. In the event that a Merchant has prior authorization on your Card, you will not have access to the relevant funds until the transaction is completed or, if sooner, up to a period of 60 days. We will only block access to the exact amount of funds authorised by you. Your Card cannot be used where such Merchants are unable to obtain relevant authorisation that you have sufficient Available Balance for the Transaction (for example, Transactions made on trains, ships and in-flight planes). We accept no liability if a Merchant refuses to accept payment using the Card.
    6. 6.6. 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.
    7. 6.7. Based on the limited number of fund loads for this Card, the Card should not be used for:
      • pre-authorised regular payments; or
      • Transactions at self-service petrol pumps (for use at petrol stations, a requested amount of your available balance should be provided to an attendant and not at the self-service pump); or
      • Toll-booths or Unmanned Kiosks; or
      • any illegal purposes.
    8. 6.8. A Monthly Management Fee will be applied to your Account if there is no activity on your Card or Account for a period of 6 months.
  7. 7 Authorizing Transactions
    1. 7.1. You will need to give your consent to each Transaction so that we can check it is genuine by, where applicable, a) using your PIN or other security code personal to you; b) signing a sales voucher; c) providing the Card details and/or providing any other details requested; or d) making a cash advance request at a bank counter. Once you have given such consent to the Transaction, it will be deemed to be authorised.
    2. 7.2 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. 7.3. Once a Transaction has been authorised by you and received by us, it cannot be revoked.
    4. 7.4. Where a Merchant's payment service provider is located within the EEA and the payment services being carried out are in the currency of an EEA Member State, we shall ensure the cash transfer to the provider of the Merchant payment service within 1 Business Day (or within 4 Business Days if the Transaction is in a currency other than Sterling or Euro). If the payment service provider of the Merchant is outside the EEA, we shall make the payment as soon as possible.
    5. 7.5. Some Merchants may not accept payments made through the Card. It is your responsibility to check the restrictions of each Merchant and we are not responsible for any refusal by a Merchant to accept payment via the Card.
    6. 7.6 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 or Account and we will endeavour to resolve any problem.
  8. 8. Managing & Protecting Your Account and Card
    1. 8.1. You must contact Customer Services to retrieve your PIN. You will need this PIN in order to make cash withdrawals from an ATM or at a bank.
    2. 8.2. If you forget your PIN, you should contact Customer Services to retrieve your PIN.
    3. 8.3. When using the Card Holder Website, you will be prompted to create a Username and Password. You will need this Username and Password to access your Online Account and perform the following functions in relation to your Card online:
      1. i. check or change your registered details (i.e. address, email address, telephone number);
      2. ii. check your Available Balance;
      3. iii. check your Transaction details;
      4. iv. order a replacement card;
      5. v. report your Card as lost or stolen;
      6. vi. change your Username and/or Password.
    4. 8.4. We recommend that you check your Online Account and Transaction history on a regular basis as it is updated on an instant basis.
    5. 8.5. You must not give your Card to any other person or allow any other person to use it. You are responsible for your Account, Card, PIN, Online Account and any related security details and must take all possible measures to keep them safe and entirely confidential. Such measures include:
      1. i. memorising your PIN as soon as you receive it;
      2. ii. never writing your PIN on your Card or on anything you usually keep with your Card;
      3. iii. keeping your PIN secret at all times, including by not using your PIN if anyone else is watching;
      4. iv. not disclosing your PIN to any person.
    6. 8.6. 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 clause 12.
    7. 8.7. If you believe that someone else knows your Online Account, PIN or Card security details, you must contact Customer Services immediately.
    8. 8.8 In the event that we suspect or believe that your Card may be subject to any fraud or security threats, we will notify you securely via telephone during which we will ask you to answer security questions.
    9. 8.9. Once your Card has expired or if it is found after you have reported it as lost or stolen you must destroy it by cutting it in two through the magnetic strip.
  9. 9 Cancellation
    1. 9.1. You may terminate your Card and Account at any time by contacting Customer Services and exercising your redemption rights under clause 10.4. You will not be charged for cancelling your card but a Card Account Liquidation Fee may apply if you choose to redeem all of your Available Balance.
    2. 9.2. Once we have received all necessary information from you (including KYC) and all Transactions and applicable fees and charges have been processed and deducted, we will refund any Available Balance to you provided that:
      1. i. you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
      2. ii. we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.
    3. 9.3. Once your Card and Account have been cancelled, it will be your responsibility to destroy your Card.
    4. 9.4. If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or fees incurred using the Card or we receive a reversal of any prior funding transaction, we will notify you of the amount and you must immediately repay to us such amount on demand.
    5. 9.5 Once your Card and Account has been liquidated, no additional funds can be loaded on the Card.
  10. 10 Expiry & Redemption & Replacement
    1. 10.1. Your Card cannot be used after its Expiry Date. The Expiry Date is the last day of the month listed on the front of the card.
    2. 10.2. This Agreement shall terminate on the Expiry Date unless you are issued with a replacement Card.
    3. 10.3. If your card is nearing expiry or has passed the expiry date, you may order a replacement card by:
      1. i. Contacting the Coordinator that provided the card (Preferred Option)
      2. ii. Contacting Customer Services (Replacement Card Fee assessed)
    4. 10.4. Notwithstanding your Card’s Expiry Date, your funds are available for redemption by contacting Customer Services at any time. When we process your redemption request, we may require you to provide us with KYC information and/or documents in order to verify your Personal Details in accordance with legal requirements. We will charge a redemption Fee (as set out in the Fee Schedule) if you request redemption of all your Available Balance either before, or 12 months after, expiry of this agreement (i.e. before your Card’s Expiry Date). A redemption request will set your card status to ‘closed’ and no further funds will be loaded. Once your Account is closed, and subject to any legal obligations with which we must comply, you will be able to redeem your Available Balance at any time within six years from the date this Agreement was terminated.
    5. 10.5. We shall have the absolute right to set-off, transfer, or apply sums held in your Account or Card in or towards satisfaction of all or any liabilities and fees owed to us that have not been paid or satisfied when due.
  11. 11. Termination or Suspension of your Card and Account
    1. 11.1.When this Agreement is terminated, your Account is closed. We may terminate this Agreement at any time by giving you two months’ advance notice (which we shall send to the most recent email address with which you have provided us).
    2. 11.2 We can suspend your Card/Account, restrict its functionality or terminate this Agreement at any time with immediate effect if:
      1. i. you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or
      2. ii. a Transaction has been declined because of a lack of Available Balance or you do not repay money that you owe to us; or
      3. iii. you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Agreement; or
      4. iv. 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. v. we believe that your use of the Card may result in harm to us or our systems; or
      6. vi. we believe that your continued use of the Card may damage our reputation; or
      7. vii. you become bankrupt; or
      8. viii. 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. ix. you do not access your Account for 3 years; or
      10. x. we cannot process some or all of your Transactions due to the actions of third parties; or
      11. xi. you have breached this Agreement.
    3. 11.3. 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.
  12. 12. Loss or Theft of your Card
    1. 12.1. You are responsible for protecting your Card as if it were cash in your wallet – if it is lost or stolen, you may lose some or all of the money on your Card in the same way as if you lost your wallet, unless you contact us as specified in this clause.
    2. 12.2. You must contact us without delay by calling us on our 24-hour Customer Services International Toll-Free: (+800) 8380123 or UK (If Toll-Free is not supported): +44 (0) 203 139 9028 if you know or suspect that a Card is lost, stolen, misappropriated or subject to unauthorised use or that the PIN or any Card related security details is known to an unauthorised person or you think that a transaction has been incorrectly executed.
    3. 12.3. You may be liable for up to a maximum of €50 of losses due to unauthorised transactions made before you informed us about the theft, loss or misappropriation of the Card. 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 Agreement (for example, by not keeping your Card or PIN safe), you may be liable for any loss we suffer due to use of the Card. The amount will be limited to the extent permissible by law.
    4. 12.4. Once a loss or theft is reported, use of the Card shall be blocked to avoid further losses.
    5. 12.5. Replacement Cards will be sent to the most recent address you have provided and will be subject to a Fee.
    6. 12.6. 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.
    7. 12.7. In the event that you inform us of any 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 Agreement, through gross negligence or we have reasonable grounds to suspect fraud.
    8. 12.8 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.
    9. 12.9 In the event that a Transaction that was executed within the EEA arrived later than it should have according to the terms of this Agreement, you may request that we contact the receiving payment institution to ask them to treat it as if it was made on time.
    10. 12.10 In the event that a Transaction is made which is initiated by a Payee (for example, a recurring payment which you have authorised), we will provide a refund of that amount, subject to clause 12.10, only in circumstances where you can prove that:
    11. 12.10.1 the exact Transaction amount was not specified when you authorised the payment; and
    12. 12.10.2 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 Agreement and the relevant circumstances of the case.
    13. 12.11 The refund referred to in 13.9 will not be provided if:
    14. 12.11.1 the amount relates to currency exchange fluctuations; or
    15. 12.11.2 you have given your consent to execute the Transaction directly to us; or
    16. 12.11.3 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
    17. 12.11.4 you request the refund from us later than 8 weeks from the date on which it was debited.
  13. 13. Payment Disputes
    1. 13.1. 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; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your Card.
    2. 13.2. 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 and may charge you a chargeback-processing Fee.
    3. 13.3. If you have reason to believe that a Transaction for which your Card was used was unauthorised or allocated to your Account 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. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.
  14. 14. Currency Exchange
    1. 14.1. If you use your Card in an EEA currency other than the currency in which your Card is denominated (“Foreign Currency Transaction”), the amount deducted from your Available Balance will be the amount of the Foreign Currency Transaction converted to your Account currency using a rate set by the Scheme. In order to allow you to compare charges for currency conversion, you can view the real-time percentage difference between the amount that will be charged on your Card for a Foreign Currency Transaction (consisting of the mark-up applied by the Scheme) and the latest available euro foreign exchange rates issued by the European Central Bank. You can view this information on the Website prior to making a Foreign Currency Transaction. This information will also be sent to you by email or SMS after making a relevant Foreign Currency Transaction, where required by applicable law. You are able to opt out of receiving this notification in the cardholder portal under "My Alerts”.
  15. 15. Our liability
    1. 15.1. We shall not be liable for:
      1. i. any loss arising 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 at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
      2. ii. any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
      3. iii. any loss arising from any use of this Card that is contrary to this Agreement;
      4. iv. any goods or services that are purchased with the Card; and
      5. v. for any damages due to loss, fraud or theft that you have reported to us later than 13 months of the event.
    2. 15.2. We will not be liable to you if your contact details have changed and you have not told us.
    3. 15.3. Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card.
    4. 15.4. Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount.
    5. 15.5. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
    6. 15.6. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
    7. 15.7. 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 Agreement. For all intents and purposes of law, we are appearing hereon also as agents for our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), limitedly for the purpose of this clause.
  16. 16. Complaints
    1. 16.1. Should you wish to make a complaint about your Card and/or Account, please contact our Customer Services detailing the nature of your complaint via our International Toll-Free number: +800 8380123 or UK (If Toll-Free is not supported): +44 (0) 203 139 9028.
    2. 16.2. Any complaints you have will be dealt with quickly and fairly and we expect our Customer Services to respond to your complaint within 15 Business Days.
    3. 16.3. If having received a response from our Customer Services you are unhappy with the outcome you can escalate your complaint to our Complaints Department at complaints@transactpaymentslimited.com
    4. 16.4. If our 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. It is anticipated that you will receive a formal response of their findings within 35 Business Days.
    5. 16.5. We will make every effort to reach a resolution to your complaint, if we are unable to resolve your issue to your satisfaction we will explain the reasoning behind our decision.
    6. 16.6. In the unlikely event that we are unable to resolve your issue you have the right to refer your complaint to the Arbiter for Financial Services at the following address: Office of the Arbiter for Financial Services, 1st Floor, St. Calcedonius Square, Floriana FRN 1530, Malta (Telephone + 356 21249245, Website: https://financialarbiter.org.mt).
  17. 17. General Communication
    1. 17.1 Any communication from us to you will be given via the Website and/or by notification on your Online Account and/or by email or mobile device (using the latest contact details with which you have provided us).
    2. 17.2 You may contact us via Customer Service, the details of which are set out in clause 1.
  18. 18. Changes to the Terms and Conditions
    1. 18.1. We may update or amend this Agreement (including our Fees & Limits Schedule and/or Privacy Policy). Notice of any changes will be given on the Website at least 60 days in advance.
    2. 18.2. If you do not agree with the changes to the Agreement, you may at any time within the 60-day notice period terminate your Agreement and can redeem any unused Available Balance at that time without incurring a Fee.
    3. 18.3. By continuing to use your Card after the expiry of the 60-day notice period, you acknowledge that you indicate your acceptance to be bound by the updated or amended terms and conditions. If you do not wish to be bound by them, you should stop using the Card immediately in accordance with our cancellation policy (see clause 9). You will be deemed to have accepted any change to this Agreement unless you notify us before the proposed date of the change.
    4. 18.4. If any part of this Agreement is inconsistent with any regulatory requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical. We will update our Agreement to reflect the new regulatory requirements when they are next reprinted.
  19. 19. Language
    1. 19.1 The English language version of this Agreement and of any communications and Website content will prevail over any other language version which we may issue from time to time.
  20. 20. Miscellaneous
    1. 20.1. This Agreement is governed by Maltese law and you agree to the non-exclusive jurisdiction of the courts of Malta.
    2. 20.2. Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
    3. 20.3. 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 Malta. We will, however, safeguard your funds so that they are protected in accordance with applicable law if we become insolvent.
    4. 20.4. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
    5. 20.5. You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement.

Last modified: 28th September 2020