ELECTRONIC MONEY HOLDER TERMS AND CONDITIONS

INTRODUCTION

 

This agreement applies to the money loaded onto the Mastercard® card issued to the persons identified by you on your behalf as a time limited reward.

Once the money is loaded to the prepaid cards it will be treated as electronic money (e- Money).

The e-money held on the cards issued will be in pound sterling (£).

You will not earn interest on the e-Money loaded onto the cards issued.

By entering into an agreement with the programme manager for the issuance of these cards, to persons identified by you, you accept these Terms and Conditions.

You should therefore read this agreement carefully. If there is anything you do not understand, or do not agree with, please contact your programme account manager.

These Terms and Conditions stay in force until the final card issued under this agreement expires, unless otherwise advised by us.

Regardless of who provided you with this card, this agreement is between you and GVS Prepaid Ltd (see Regulation and Protection).

Throughout these Terms and Conditions, the card programme manager (Blackhawk Network EMEA Limited) and the e-money issuer (GVS Prepaid Limited) are referred to as "we", "us", "our" or "ourselves".

You agree that these Terms and Conditions and any communications between us shall be in English.

 

CARD PROGRAMME MANAGEMENT AND CARD USAGE

 

Under the agreement with the programme manager, we will issue cards to the intended recipients; upon instruction by you and furnished with the values as advised by you, and reloaded from time to time (if applicable).

Cards will be delivered to the specification, in the manner and within the SLAs agreed within the agreement between the programme manager and you.

The agreement between the programme manager and you governs the card programme itself and these Terms and Conditions only reflect the relationship between yourselves and the e-money issuer for the purpose of providing and managing the e-money associated to the cards issued.

The e-money issuer shall not be liable for any losses, directly or indirectly, in relation to any of the events listed under Our mutual Obligations and Liabilities or arising from a breach of any of the terms of the agreement between you and the programme manager.

All cards can be used by the card user, immediately after the card is activated and until any of the below events occur:

• The card expires;

• The card is cancelled by the card user or us, on account of the card malfunctioning, being lost or stolen; upon which a new card will be issued to the card user and funds transferred to the new card;

• The card is cancelled upon instruction by you. You can only request cancellation of a card under the conditions defined in the agreement between you and the programme manager;

• The card is cancelled by us, upon the card user breaking important terms of the Card Holder Terms and Conditions shared with them;

• The card programme closes, as agreed with the programme manager and as advised to the card user.

Once a card is cancelled, and as long as the funds are not set to be transferred to a new card issued to the card user, you will have the right to redeem any remaining balance on the cards at that time, under the conditions and in the manner as agreed with the programme manager (see Redeeming your Card Balance).

 

REDEEMING YOUR CARD BALANCE

 

You may redeem any available balance associated with any or all cards issued on your behalf; under the conditions defined in the agreement between you and the programme manager and referenced above under Card Programme Management and Card Usage.

Any funds redeemed will be returned to the nominated business bank account, minus a pre- agreed Administration fee (see under Fees and Charges).

OUR MUTUAL OBLIGATIONS AND LIABILITY

 

You will assist the programme manager and the e-money issuer to ensure that:

• Any collateral made available in the public domain or to the (intended) recipients of the cards adhere to the program governing regulation, as advised and approved by us;

• The potential recipients of the cards have easy access to the Card User Terms and Conditions that apply to the card at the earliest opportunity, as advised / approved by us prior to the programme launch date and as advised from time to time thereafter;

• Where required and explicitly asked to do so, help us to enforce the Card User Terms and Conditions in the manner as advised and approved by us;

• If the card user does not wish to contact our customer service directly, you shall share any queries or complaints received from this person with us immediately upon receipt;

• You will follow any direction from us, when provided and to the letter, in order to ensure compliance with the programme governing regulations at all times;

• You will not make any changes to the programme scope, customer journey and any marketing materials, or any other collateral that forms part of the programme, without our explicit and written consent.

The e-money issuer will not be liable to you for any direct or indirect losses you suffer due to:

• Anything beyond our reasonable control;

• Not sharing any card user queries or complaints received from this person with us immediately upon receipt;

• The use of any of the cards issued in breach of the Card User Terms and Conditions;

• Any retailer refusing or being unable to accept any of the cards issued;

• Any of the goods or services purchased with the cards issued;

• The card user not reporting a card as lost or stolen immediately;

• The card user not reporting any unauthorised or wrongly executed transactions immediately;

• The card user not keeping their personal information up to date, unless caused by us;

• Our compliance with applicable laws.

   

We shall not be bound to recognise the interest or claim of any person other than you in respect to the e-money loaded onto the cards issued, nor shall we be liable in any way for failing to recognise such interest or claim.

Unless otherwise agreed with us in advance, any liability we may have to you will be limited to the actual amount of any loss or damage you incur or suffer.

Nothing in these Terms and Conditions will limit our liability for any loss that we are expressly prevented from excluding by law.

FEES AND CHARGES

 

 

Charge	Fee
Administration Fee	Charged when cards are swept and funds returned to you. The fee charged is defined in the agreement between you and the programme manager.

 

CHANGES TO TERMS AND CONDITIONS

 

We reserve the right to change any of the Terms and Conditions in this agreement (including changing existing charges or introducing new charges) by notifying you by e-mail and/or by any other reasonable means, through your programme account manager, at least two (2) months before the change is due to take effect (unless we are required by law to amend this agreement immediately or more quickly). Any e-mail to you will be treated as being received as soon as we, using the details you have most recently provided, send it.

Past and current versions of these Terms and Conditions are available on request. To request a copy by email or post, contact your account manager.

You will be deemed to have accepted all of the notified change(s) unless you tell us otherwise before the change(s) take effect.

If you do not accept our change(s), we will have to commence the card programme closure procedures as agreed by all parties; aiming to cancel all cards as of the date the changes would have taken effect.

Your right to redeem any available card balances is not affected (see Redeeming your card balance).

CONTACT US

 

If you have any questions regarding the card programme, or about these terms and conditions, please contact your programme account manager in the first instance or write to us on the addresses provided under Regulators and Customer Protection.

COMPLAINTS PROCEDURE

 

If you have a complaint about the cards issued on your behalf or the e-money services we provide, please contact your programme account manager in the first instance, so that they can try to resolve it.

All complaints will be dealt with as quickly and fairly as possible and in accordance with our complaints handling policy, which is included in the agreement between you and the programme manager. You can request an updated copy of this policy at any time from your programme account manager.

In the unlikely event that we cannot resolve your complaint to your satisfaction, you may contact The Financial Ombudsman Service (FOS):

Email            complaint.info@financial-ombudsman.org.uk

 

Telephone   0300 123 9 123 * (or +44 20 7964 0500 if you are phoning from abroad)

 

By Post         The Financial Ombudsman Services, Exchange Tower, London, E14 9SR, United Kingdom

* Calls to this number are charged at the same rate as 01 or 02 numbers on mobile phone tariffs

 

More information about the FOS can be found at www.financial-ombudsman.org.uk.

 

REGULATORS AND CUSTOMER PROTECTION

 

 

The balance loaded onto the cards issued, on your behalf to the recipients identified by you, is classified as e-money. This means that the e-money issuer, GVS Prepaid Limited, holds the funds associated with those cards.

GVS Prepaid Limited. (whose registered office is Westside, London Road, Hemel Hempstead, Herts HP3 9TD (company registration number: 0919307)) is authorised and regulated Financial Conduct Authority as an Electronic Money Institution (Registration Number 9000230); under the E-Money Regulations 2011.

Blackhawk Network EMEA Limited (whose registered office is at Westside, London Road, Hemel Hempstead, Herts HP3 9TD (company registration number: 04155659)) is the programme manager of this program, under the agreement with yourselves, and is responsible for providing all the services associated with the cards issued under this program on your behalf, including but not limited to providing customer service and

managing any disputed transactions on your card user's behalf. Blackhawk Network Inc., who also owns GVS Prepaid Limited, ultimately owns Blackhawk Network EMEA Limited.

We may be required to verify, or may ask to see evidence of, your identity and your address, under the regulations that we are governed by as e-money issuer. To this end, we may carry out checks on you electronically or request you to provide documentary evidence. If we ask for documentary evidence, we require at least proof of your identity and proof of your current registered address. When we perform electronic checks, personal information provided by you may be disclosed to a registered Credit Reference Agency who may keep a record of that information. A credit check is not performed and your credit rating will not be affected. If you cannot provide satisfactory evidence, we reserve the right to cancel your card and take further action if required by law.

 

NON FACILITATION OF TAX EVASION

 

You warrant, represent and undertake that you will not engage in any activity, practice or conduct which would constitute either:

 

• a UK tax evasion facilitation offence under section 45(5) of the Criminal Finances Act 2017; or

• a foreign tax evasion facilitation offence under section 46(6) of the Criminal Finances Act 2017 (each a “Facilitation Offence”).

   

 

You will:

 

• establish, maintain and enforce your own anti-Facilitation Offence policies and procedures as are reasonable to prevent the occurrence of a Facilitation Offence by you and your associated persons and to ensure compliance with the paragraph above;

• carry out periodic assessments of the risk of one or more of you and your associated persons committing a Facilitation Offence; and

• notify us in writing if you have reason to believe that you have received a request or demand from a third party which could constitute a Facilitation offence in connection with these Terms and Conditions.

GENERAL PROVISIONS

 

You may not assign any or all of your rights or obligations under these Terms and Conditions but we may do so at any time on giving you two (2) months’ prior notice. Your rights will not be affected and you have the right to cancel this agreement (see under Changes to the Terms and Conditions).

Each of the Terms included in this document are separate from all other Terms, so if one Term is found to be void or otherwise unenforceable it will not affect the validity of any of the others.