*This one-time card issuing fee will be charged from your WestStein account once you receive your card, activate it and add funds to it.
Valid as of 17th May 2018
By applying for your Account and Card, you agree that you have read and understood the terms of this Agreement (a copy of which you may download and store at any time). This Agreement shall commence at that time and continue unless cancelled under Clause 10 or terminated under Clause 12. We reserve the right to change this Agreement by giving 2 months’ notice to you in accordance with Clause 18. If we do this, you may terminate this Agreement immediately and without charge before the proposed changes take effect, otherwise you shall be deemed to have accepted such changes when the 2 months’ notice expires. However, you agree that changes to the Applicable Exchange Rate may be applied immediately and at the rate quoted via the Payment Service at the time of the relevant Transaction. Please also read the conditions of redemption, including any fees relating to redemption, in Clause 11 before applying for your Account and Card.
We will communicate with you in the language in which this Agreement was agreed with you on registration for your Account. Key information relating to your Transactions will be provided to you at the email address you register with us and/or in your Account. You may access, download and print this information at any time by logging in to your Account. In addition, you agree that we may provide notices or other information to you from time to time by posting it in your Account, emailing it to your registered email address, mailing it to your registered physical address, calling you by phone or sending you mobile messages. Notices to you by email or mobile messages shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by registered mail shall be deemed to have been received three days after the date of mailing. You may contact us as specified in Clause 2.
You may request a copy of any legally required disclosures (including this Agreement) from us via the contact details in Clause 2, and we will provide this to you in a form which enables you to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored via, for example, our website, your Account or by email.
1. Definitions & Interpretation
In this document, if we use words that start with a capital letter, that means the word has been defined in this ‘Definition & Interpretation’ section.
“Account” or “E-Wallet” a non-deposit non-interest bearing pre-paid electronic account associated at times to a Card which is maintained for the sole purpose of enabling Transactions;
“Account Closure Fee” has the meaning given in the attached Fees & Limits Schedule;
“Account Information Service” means an online service to provide consolidated information on one or more payment accounts held by the payment service user with another payment service provider or with more than one payment service provider;
Account Information Service Provider” or “AISP” the supplier of an Account Information Service;
“Additional Cardholder” where applicable, a person who holds a Secondary Card;
“ATM” An automated teller machine is an electronic telecommunications device that enables Customers to perform financial transactions, particularly cash withdrawal, without the need for a human cashier, clerk or bank teller;
“Authorised Person” means any person to whom you authorise us to access your Account;
“Available Balance” the amount of E-money issued by us to you but not yet spent or redeemed;
“Business Day” Monday to Friday, 0900hrs to 1700hrs GMT, excluding bank and public holidays in the UK;
“Card” a prepaid Mastercard debit card issued by us and linked to your Account, which can be used to spend your Available Balance wherever Mastercard cards are accepted;
“Card Replacement Fee” has the meaning given in the attached Fees & Limits Schedule;
“Card Scheme” the operator of the payment scheme under which we issue each Card;
“Customer Due Diligence” the process we are required to go through to verify the identity of our Customers;
“Customer Funds Account” the segregated bank account where we hold relevant funds corresponding to your Available Balance in accordance with the safeguarding provisions of the Electronic Money Regulations 2011;
“E-money” monetary value issued by us to your Account on receipt of funds on your behalf in our Customer Funds Account, equal to the amount of funds received;
“European Economic Area” or “EEA” means the European Union (“EU”) member states, as well as Iceland, Liechtenstein and Norway;
“Fees” the fees payable by you for the Payment Services as specified in the attached Fees & Limits Schedule;
“IBAN” means an International Bank Account Number used to identify bank accounts for the purposes of international payments;
“Late Redemption Fee” has the meaning given in the attached Fees & Limits Schedule;
“Merchant” a retailer who accepts Payment for the sale of goods or services to you;
“Payment” means a payment for goods or services using a Card;
“Payment Initiation Service” means an online service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider;
“Payment Initiation Service Provider” or (“PISP”) is a payment service provider who supplies a Payment Initiation Service;
“Payment Services” means the services supplied by us to you under this Agreement, including issuing Cards, Accounts and IBANs; and executing Transactions;
“PFS IBAN” means a virtual IBAN issued by our bank service provider that we allocate to your Card or your Account which can be used by you or others for the purpose of making a SEPA Transfer of funds that will result in a credit of the relevant funds to your Account;
“Secondary Card” where applicable, any extra Card which is issued to a Customer or Authorised Person;
“SEPA Transfer” A facility available for UK registered Accounts only whereby you instruct us to send Euros to a bank account elsewhere in the Single Euro Payments Area (“SEPA”), quoting the IBAN of the intended recipient of the funds;
“Simplified Due Diligence” means a lighter form of Customer Due Diligence, resulting in certain lower Card and Account limits;
“Transaction” a, Payment, a Transfer or a SEPA Transfer, ATM withdrawal;
“Transfer” a transfer of E-money from one Account to another Account.
2.2. The issuer for Your WestStein Prepaid Mastercard Card and provider of the Payment Services is Prepaid Financial Services Limited (PFS). PFS is registered in England and Wales under Company Registration Number is 6337638. Registered Office: 5th Floor, Langham House, 302-308 Regent Street, London, W1B 3AT.
2.4. Prepaid Financial Services Limited acts as the programme issuer.
2.5. WestStein Ltd is the programme manager. WestStein Ltd is registered in Latvia with registered office Mukusalas str. 41, Riga, Latvia, LV-1004.
2.6. Prepaid Financial Services Limited is licensed as a principal member with the Mastercard Scheme. Mastercard is a registered trademark of Mastercard International Incorporated.
3. Type of Service, Eligibility and Account Access
3.1. Your Card is not a credit card and is not issued by a bank. Regardless of the type of Card(s) you have, you will have only one Account where your Available Balance is located.
3.2. Your Payment Services may not be activated unless we have been provided with the required information so that we may identify you and can comply with all applicable Simplified Customer Due Diligence requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements.
3.3. Reference to a currency (e.g. Euros € or Sterling £) shall mean that amount or the local currency equivalent in which your Card is denominated.
3.4. Any Transaction on your Card in a currency other than the currency in which your Card is denominated, will require a currency conversion using an Applicable Exchange Rate.
3.5. The Available Balance on your Card and/or Account will not earn any interest.
3.6. The Payment Services are prepaid payment services and not a credit or bank product, you must therefore ensure that you have a sufficient Available Balance from time to time to pay for your Transactions and applicable Fees. If for any reason a Transaction is processed, and the Transaction amount exceeds the Available Balance, you must repay us the amount of such excess immediately and we shall be entitled to stop any existing or subsequent Transactions from proceeding.
3.7. This Agreement does not give you any rights against the Card Schemes, its affiliates or any third party.
3.8. Only persons over 18 years of age are entitled to register for the Payment Services.
3.9. Each time you seek access the Account we will be asking for your Access Codes (as defined in Clause 8). As long as the correct Access Codes are entered, we will assume that you are the person giving instructions and making Transactions and you will be liable for them, except to the extent provided for in Clause 8. We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or if we believe the Payment Service is being used for an illegal purpose.
3.10. We will do all that we reasonably can to prevent unauthorised access to the Account. As long as you have not breached the other terms contained in this Clause 3 or Clause 8, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to the Account pursuant to Clauses 14 and 15 of this Agreement.
4. Service Limits & SEPA Transfer Payment
4.1. Transactions may be restricted by Card or Account type, individual usage patterns and payment risk profiles. Cards are issued in accordance with regulatory limits and conditions. Limits relating to the use of Cards can be found in the attached Fees & Limits Schedule and on our Website at Terms and Conditions. For anti-money laundering and anti-fraud reasons we reserve our rights to change particular payment restrictions (including from those published or included herein) without notice and to the extent required to meet our regulatory obligations.
4.2. Simplified Due Diligence may be restricted to domestic ATM access, along with reduced annual maximum load limits and capped annual withdrawal limits. These limits will be subject to Scheme and regulatory requirements.
4.3. You can make a Transfer to another Account by signing in to your Account and following the relevant instructions.
4.4. When sending funds to your Account with us, we recommend that you or other senders make a SEPA Transfer using your PFS IBAN.
4.5. We cannot be held liable for the payment process or fees associated with bank(s) and or intermediary bank(s) to process payments from you to us. Any fee(s) charged by third parties, not limited to receiving, processing or crediting a payment for you will be deducted by us before crediting the remaining balance to you.
4.6. You are responsible for checking and confirming payment details and fees before making a payment to us or to your Account.
4.7. PFS will credit payments received to your Account at least once a day and before the end of the Business Day. Amounts received after the cut off period will be processed the next Business Day and you will hold PFS free and clear from any responsibility is this regard.
4.8. You may be asked to provide us with evidence of source of funds in order for us to meet our regulatory requirements, in which case you agree to provide that evidence promptly. You represent and warrant to us that the evidence you provide to us is up to date, complete and accurate.
4.9. Where so enabled you may change your PIN at selected ATMs subject to a Fee.
4.10. Where enabled, you may be eligible to instruct companies to create regular SEPA Transfers from your UK issued and registered Account. You will be responsible for ensuring that the correct details are provided in order for the SEPA Transfer to be created for you. You must ensure at all times that you have a sufficient balance on your Account to allow for the funds to be debited from your Account. You are responsible for checking the terms and conditions that have been provided to you by the SEPA Transfer originator. PFS and/or WestStein PrepaidMastercard, reserve(s) the right to decline or terminate any SEPA Transfer instruction(s) that you have requested.
4.11. You may incur a charge for unpaid SEPA Transfers if there are not enough funds in your Account to pay an incoming SEPA Transfer request.
5. Use of the Payment Services
5.1. You may access your Account information by logging into your Account through https://my.weststeincard.com/(Website). From here you will be able to view details on your Transactions, including dates, currencies, charges or exchange rates applied. This information is accessible at any time and can be stored and reproduced as necessary.
5.2. You can use the Payment Services up to the amount of the Available Balance for Transactions.
5.3. If the Available Balance is insufficient to pay for a Payment, some Merchants will not permit you to combine use of a Card or Account with other payment methods.
5.4. The value of each Transaction and the amount of any Fees payable by you under this Agreement will be deducted from the Available Balance.
5.5. Once a Transaction is authorised, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received by us. A Transaction will be deemed to have been received by us at the time you authorise the Transaction as follows:
i. for Payments and ATM Transactions, at the time we receive the payment order for the Transaction from the merchant acquirer or ATM operator, and
ii. A payment order for a Transfer or SEPA Transfer is provided to and received by us at the time it is issued by you via the Account.
5.6. Where a revocation of an authorised payment is agreed between us and you, we may charge a Fee for revocation.
5.7. We will ensure that the amount of a SEPA Transfer is credited to the payment service provider of the payee by end of the Business Day following the time of the receipt of your payment order. If the payment service provider of the Merchant is located outside the EEA, we will effect payment as soon as possible and in any event as required by applicable law.
5.8. In order to protect you and us from fraud, Merchants may seek electronic authorisation before processing any Payment. If a Merchant is unable to get an electronic authorisation, they may not be able to authorise your Payment.
5.9. We may refuse to authorise any use of the Payment Services which could breach these terms and conditions or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or un-permitted use of the Payment Services.
5.10. Your ability to use or access the Payment Services may occasionally be interrupted, for example if we need to carry out maintenance on our Systems. Please contact Customer Services via our Website to notify us of any problems you are experiencing using your Card or Account and we will endeavor to resolve any problem.
5.11. Where applicable, you may apply to us for up to 3 Secondary Cards, for use by Additional Cardholders on your Account. Additional Cardholders, for whom you are legally responsible, must be 13 years of age or older. All other Additional Cardholders must be 18 years of age or older. It is your responsibility to authorise the Transactions incurred by each Additional Cardholder on the relevant Secondary Card and to ensure that the Additional Cardholder keeps to the provision of this Agreement. You are responsible for their use of the Secondary Card and for paying any amounts they add to your Account even if the Additional Cardholder does not keep to the provisions of this Agreement. We accept no responsibility or liability of any kind whatsoever for use of any Secondary Card by any Additional Cardholder for Transactions not authorised by you. If you successfully register and request one, we will send you a Secondary Card in the name of the Additional Cardholder with a copy of this Agreement. Upon receipt of the Secondary Card, you may give the Secondary Card to the Additional Cardholder for their use, subject to:
i. you providing them with the copy of this Agreement (by using the Secondary Card the Additional Cardholder consents to the terms of this Agreement, which will then bind you and the Additional Cardholder in relation to the use of the Secondary Card);
ii. the Secondary Card must only be used by that person;
iii. you continuing to hold the Account and the Card with which the Secondary Card is associated;
iv. you informing the Additional Cardholder that you have retained the Primary Card and that you are still able to use the Account;
v. us obtaining such further information and documentation in order to enable us to comply with all applicable Customer Due Diligence anti-money laundering requirements in relation to the Additional Cardholder.
5.12. You will remain responsible for the use of the Payment Services, and for any Fees and charges incurred by the Additional Cardholder(s), and you will continue to be regarded as the holder of any funds already or subsequently loaded on the Account. The use of a Card in relation to which an Additional Cardholder has been registered will be regarded as confirmation that you have provided the Additional Cardholder with this Agreement.
5.13. You or any Additional Cardholder may us to remove that Additional Cardholder, and in that case you must cut the relevant Secondary Card in half.
5.14. You agree that we may give information about your Account to each Additional Cardholders and restrict what Additional Cardholders can do in relation to your Account.
5.15. Except as required by law, we shall not be responsible, and you will be solely responsible, for compiling and retaining your own copy of the data in your Account and your activities in connection with this Agreement. Upon the termination of this Agreement for any reason, we shall have no obligation to store, retain, report, or otherwise provide any copies of, or access to, the Transaction data or any records, documentation or other information in connection with any Transactions or the Account.
5.16. You agree to only use the Payment Services for lawful purposes and to adhere at all times to all laws, rules and regulations applicable to the use of the Payment Services, including the terms of this Agreement.
5.17. You may not use the Payment Services to receive or transfer any funds on behalf of any other natural person or legal entity.
6. Access by Third Party Providers
6.1. You may consent to regulated third party providers (PISPs or AISPs) accessing your Account online to make payments or obtain information about balances or Transactions on your Card and/or Account.
6.2. The PISPs and/or AISPs must be appropriately registered and authorised in accordance with PSD2. You should check with the regulatory authority of the relevant country before giving consent to the relevant PISP/AISP.
6.3. Any consent you give to a third-party provider is an agreement between you and it, we will have no liability for any loss whatsoever, as a result of any such agreement.
6.4. Before giving consent, you should satisfy yourself as to what degree of access you are consenting to, how it will be used and who it may be passed on to.
6.5. You should make yourself aware of any rights to withdraw the consent of access from the third party provider and what process it has in place to remove access.
6.6. To the extent permitted by law or regulation and subject to any right to refund you may have under this Agreement, between you and us, we are not responsible for any actions that the relevant third party takes in relation to suspending or terminating your use of their service or for any resulting losses. We are also not responsible for, or a party to, any agreement that you enter into with any relevant third party. You should make sure that you read and comply with such agreement or other applicable policies and note that this Agreement will continue to apply between us including to any Payment Services and our Fees as stated continue to apply.
6.7. Where appropriate, we may deny access to your Account, to any third party where we consider such access to be a risk of money laundering or terrorism financing, fraud or other criminal activity. Should we need to take these actions and where possible, we will give reasons for doing so unless restricted by law or for internal security reasons.
7. Condition of Use at Certain Merchants
7.1. In some circumstances we or Merchants may require you to have an Available Balance in excess of the Payment amount. For example, at restaurants you may be required to have 15% more on your Card than the value of the bill to allow for any gratuity or service charge added by the restaurant or you.
7.2. In some circumstances Merchants may require verification that your Available Balance will cover the Payment amount and initiate a hold on your Available Balance in that amount, examples include rental cars. In the event a Merchant places a pre-authorisation on your Account, you will not have access to these funds until the Payment is completed or released by the Merchant which may take up to 30 days.
7.3. If you use your Card at an automated fuelling station, subject to Merchant acceptance, your Card may need to be pre-authorised for a pre-determined amount in the relevant currency. If you do not use the whole pre-authorisation or do not have Available Balance to obtain a pre-authorisation, it is possible that the pre-authorised amount will be held for up to 30 days before becoming available to you again.
7.4. Some Merchants may not accept payment using our Payment Services. It is your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept payment using our Payment Services.
7.5. In relation to any dispute between the you and a Merchant, provided you are able to satisfy us that you have already made all efforts to resolve the dispute with the relevant Merchant, we will attempt to assist you so far as is reasonably practicable. We may charge you a chargeback processing fee as referenced in the Fees & Limits Schedule provided to you with this document, for any such assistance we may give you with any dispute. If there is an un-resolvable dispute with a Merchant in circumstances where the Card has been used for a Payment, you will be liable for the Payment and will have to resolve this directly with the relevant Merchant.
8. Managing & Protecting Your Account
8.1. You are responsible for the safekeeping of your username and password for your Account (“Access Codes”) and the personal identification number for your Card (“PIN”).
8.2. Do not share your PIN with anyone. You must keep your PIN safe, and separate from your Card or any record of your Card number and not disclose it to anyone else. This includes:
i. memorising your PIN as soon as you receive it, and destroying the post mail or other authorised communication used to transmit it to you;
ii. never writing your PIN on your Card or on anything you usually keep with your Card;
iii. keeping your PIN secret at all times, including by not using your PIN if anyone else is watching;
iv. not disclosing your PIN to any person.
8.3. The user of the Card(s) must sign the signature strip on any Personalised Card immediately when received.
8.4. Do not share your Access Codes with anyone except an Authorised Person. If you disclose the Access Codes to any Authorised Person, you are responsible and liable for their access, use or misuse of the Account, their breach of the terms of this Agreement or disclosure of the Access Codes.
8.5. The Payment Services may only be used by you and each Additional Cardholder or Authorised Person.
8.6. You must not give the Card to any other person or allow any other person to use the Payment Services except Authorised Persons or Additional Cardholders. You must keep the Card in a safe place.
8.7. Failure to comply with Clauses 8.2 and/or 8.5 may affect your ability to claim any losses under Clause 14 in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, intentionally, with undue delay or with gross negligence. In all other circumstances your maximum liability shall be as set out below at Clause 15.
8.8. If you believe that someone else knows your Account or Card security details, you should contact us immediately in accordance with Clause 13.
8.9. Once your Card has expired (see Clause 11), or if it is found after you have reported it as lost or stolen, you must destroy your Card by cutting it in two, through the magnetic strip.
9. Identity Verification
9.1. If you enter into Transactions over the internet, some websites require you to enter your name and address. In such cases you should supply the most recent address which has been registered with us by you as the Account address. The Account address is also the address to which we will send any correspondence.
9.2. You must notify us within 7 days of any change in the Account address or your other contact details. You can notify us by contacting Customer Services who may require you to confirm such notification in writing. You will be liable for any loss that directly results from any failure to notify us of such a change as a result of undue delay, your gross negligence or fraud. We will need to verify your new Account address and shall request the relevant proofs from you.
9.3. We reserve the right at any time to satisfy ourselves as to your identity and home address (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 perform electronic identity verification checks directly or using relevant third parties.
10. Right to Cancel (“Cooling-Off”)
You have a right to withdraw from this Agreement under the following conditions:
10.1. where you purchased the Payment Services then you have a “Cooling Off” period of 14 days beginning on the date of the successful registration of your Account, to withdraw from this Agreement and cancel the Payment Services, without any penalty but subject to deduction of any reasonable costs incurred by us in the performance of any part of the provision of services before you cancel. You must contact us within this 14-day period and inform us that you wish to withdraw from this Agreement and you must not use the Payment Services. We will then cancel the Payment Services and reimburse the amount of Available Balance on the Account to you. However, we reserve the right to hold Available Balance for up to 30 business days from receipt of your instructions before returning the balance, to ensure that details of all Transactions have been received.
10.2. After the Cooling Off period you may only terminate the Payment Services as described in Clause 12.
11. Expiry & Redemption
11.1. Your Card has an expiry date printed on it (the “Expiry Date”). The Card (and any Secondary Card) and any PFS IBAN linked to the Card will no longer be usable following the Expiry Date, and you must not use it after that time, but you will still be able to receive and send funds to and from the Account associated with the Card.
11.2. If a Card expires before your Available Balance is exhausted, you can contact Customer Services to request a replacement Card, provided you do so 14 days before the Expiry Date printed on your Card and subject to payment of a Fee (where specified). We reserve the right to issue you with a replacement for an expired Card even if you have not requested one. If you have not requested a replacement Card, you will not be charged a Card Replacement Fee.
11.3. If your PFS IBAN is linked to your Account, rather than linked to your Card, then it will not expire when the Card expires, but will be available to use as long as the Account is available for your use.
11.4. Your funds are available for redemption by contacting us at any time before the end of the 6 years after the date on which this Agreement ends under Clause 12, after which time your Available Balance will no longer be redeemable to you and we are entitled to retain the corresponding funds. Where an Available Balance remains for more than one year after the date on which this Agreement ends under Clause 12, we are not required to safeguard the corresponding funds in our Customer Funds Account, but you can still request redemption for up to 6 years. We may deduct from the proceeds of redemption of any such Available Balance the amount of any Late Redemption Fee.
11.5. Provided that your request for redemption is made less than 12 months following the date on which this Agreement ends under Clause 12, redemption will not incur any Late Redemption Fee. If you make a request for redemption more than 12 months after the date on which this Agreement ends under Clause 12 an Account Closure Fee may be charged (where specified).
11.6. We shall have the absolute right to set-off, transfer, or apply sums held in the Account(s) or Cards in or towards satisfaction of all or any liabilities and Fees owed to us that have not been paid or satisfied when due.
11.7. We shall have the absolute right to close your Account and submit a chargeback claim for the relevant Transactions if your Account is in negative standing for more than 60 days. If our chargeback is successful, funds paid to your Account may only be used to credit your Card or Account, and your Account will remain closed.
11.8. If your Account is inactive (including without limitation no access to the account or payment Transactions) for at least 2 consecutive years and has an Available Balance, we may (but we are not obliged to) notify you by sending an e-mail to your registered e-mail address and give you the option of keeping your Account open and maintaining or redeeming the Available Balance. If you do not respond to our notice within thirty (30) days, we will automatically close your Account and initiate a Transfer of your Available Balance to the last payment account notified by you to us (your “Nominated Bank Account”) or by cheque to your last known address.
12. Termination or Suspension of Your Account and/or Processing of Transactions
12.1. We may terminate this Agreement and your use of the Payment Services with prior notice of at least 2 months.
12.2. Your use of your Card and any PFS IBAN linked to the Card ends on the Expiry Date in accordance with Clause 11.2.
12.3. This Agreement and your use of the Payment Services will also end when your ability to initiate all Transactions ceases.
12.4. We may terminate or suspend, for such period as may reasonably be required, your use of the Payment Services in whole or in part at any time or the processing of any Transaction(s) if:
i. there is any fault or failure in the relevant data processing system(s);
ii. we reasonably believe that you have used or are likely to use the Payment Services, or allow them to be used, in breach of this Agreement or to commit an offence;
iii. any Available Balance may be at risk of fraud or misuse;
iv. if we suspect that you have provided false or misleading information;
v. we are required to do so by law, the police, a court or any relevant governmental or regulatory authority;
vi. required to fulfil our legal obligations in relation to the fight against money laundering and financing of terrorism;
vii. there is suspicion of unauthorised or fraudulent access to or use of your Account or that any of its security features have been compromised, including the unauthorised or fraudulent initiation of a Transaction;
viii. we have reasonable grounds to believe you are carrying out a prohibited or illegal activity;
ix. we are unable to verify your identity or any other information pertaining to you, your Account or a Transaction.
12.5. If any Transactions are found to have been made using your Card or PFS IBAN after expiry or any action has been taken by us under Clause 12.4, you must immediately repay such amounts to us.
12.6. Where it is practicable and lawful for us to do so or would not compromise reasonably justified security reasons, we will notify you via email of the suspension or restriction and the reasons for it before such measures take place or immediately thereafter.
12.7. We will reinstate your Account or execute the relevant Transaction(s) as soon as practicable after the reasons pursuant to Clause 12.4 no longer apply or exist.
12.8. If you wish to terminate the Payment Services at any time, you must request termination and the return of your Available Balance by email to our address in Clause 2 from the email address registered in your Account. Our Customer Services department will then suspend all further use of your Payment Services.
12.9. Once we have received all the necessary information from you (including any Customer Due Diligence) and all Transactions and applicable Fees and charges have been processed, we will refund to the you any Available Balance less any Fees and charges payable to us, provided that:
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
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
12.10. Once the Payment Services have been terminated, it will be your responsibility to destroy the Card(s) that were provided to you.
12.11. If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Card(s) 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 as a debt.
13. Loss or Theft of your Card or Misappropriation of Your Account
13.1. If your Card is lost or stolen or if you think someone is using your Card, PIN and/or Access Codes without your permission or if your Card is damaged or malfunctions:
i. you must contact us as soon as possible and you must provide us with your Account or Card number and either your Username and Password or some other identifying details acceptable to us so that we can be sure we are speaking to you; and
ii. Provided we have obtained your consent to close the Account, we will then provide you with a replacement Card with a corresponding new Account loaded with an amount equivalent to your last Available Balance.
13.2. You will be liable up to a maximum of the first €50/£35 of losses arising from any unauthorised Transactions that take place prior to your notifying us of the loss or theft. If our investigations show that any disputed transaction was Authorised by you, or you have acted fraudulently or with gross negligence (for example by failing to keep your Prepaid Card or PIN secure), we may reverse any refund made and you may be liable for any loss we suffer because of the use of the Prepaid Card. You will not be held liable for any losses once you have notified us of loss or theft within 13 months of the date of the transaction or unless we reasonably determine that you have acted in accordance with clause 15.1.ii. – in which case you shall be liable for all losses.
13.3. Replacement Cards will be posted to the most recent Account address registered by you. Failure to provide the correct address will result in a Card Replacement Fee.
13.4. If you subsequently find or retrieve a Card that you have reported lost or stolen, you must immediately destroy the found Card by cutting it in half through the magnetic stripe and chip.
13.5. You agree to help us, our agents, regulatory authorities and the police if your Card is lost, stolen or if we suspect that the Payment Services are being misused.
14. Liability for Unauthorised or Incorrectly Executed Transactions
14.1. Subject to Clauses 14.2, 14.3 and 14.6 we will reimburse you in full for all unauthorised Transactions sent from your Account immediately and in any event no later than the end of the following Business Day after noting or being notified of the Transaction (except where we have reasonable grounds for suspecting fraud), provided that you have informed us of the unauthorised Transaction without undue delay after becoming aware of the Transaction and in any event, no later than 13 months after the Transaction was executed. Where applicable, we shall restore your Account to the state in which it would have been had the unauthorised Transaction not taken place, so that that the credit value date shall be no later than the date the amount had been debited.
14.2. You may be liable for losses relating to any unauthorized Transactions up to a maximum of EUR 40 resulting from the use of a lost or stolen Card or the misappropriate of your Account, unless the loss, theft or misappropriation was not detectable to you prior to payment (except where you acted fraudulently) or was caused by acts or lack of action of our employee, agent, branch or service provider.
14.3. You are liable for any losses incurred by an unauthorised Transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your Account in accordance with the terms of this Agreement or to keep your Access Codes confidential and secure in accordance with Clause 8.
14.4. You shall not be liable for losses incurred by an unauthorised Transaction which takes place after you have notified us of a compromise of your Access Codes according to Clause 8, unless you have acted fraudulently, or where we have failed to provide you with the means to notify us in the agreed manner without delay on you becoming aware of the loss, theft, misappropriation or unauthorised use of your Card or Account.
14.5. We shall not liable for a refund or losses incurred by an incorrectly or non-executed payment Transaction if the details of the payee’s account provided by you were incorrect or we can prove that the full amount of the Transaction was duly received by the payment service provider of the payee.
14.6. We shall not be liable for any unauthorised or incorrectly executed Transactions in case the Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal obligation.
14.7. Where we are liable for the incorrect execution of a Transfer or SEPA Transfer that you receive under this Agreement, we shall immediately place the amount of the Transaction at your disposal in accordance and credit the corresponding amount to your Account no later than the date on which the amount would have been value dated, had the Transaction been correctly executed.
14.8. Where we are liable for the incorrect execution of a Payment, Transfer or SEPA Transfer by you as payer, we shall, without undue delay, refund to you the amount of the non-executed or defective Transaction, and, where applicable, restore the debited Account to the state in which it would have been had the defective Transaction not taken place
14.9. In the case of a non-executed or defectively executed Payment, Transfer or SEPA Transfer by you as payer, we shall, regardless of whether we are liable, on request, make immediate efforts to trace the Transaction and notify you of the outcome, free of charge.
14.10. A Payment initiated by or through a payee (e.g. a Merchant) shall be considered to be unauthorised if you have not given your consent for the Payment to be made. If you believe that a Payment has been made without your consent you should contact us in accordance with Clause 2.
14.11. A claim for a refund of an authorised Payment initiated by or through a payee (e.g. a Merchant) where the authorisation did not specify an exact amount of payment Transaction (and the amount of the Payment exceeded the amount that you reasonably could have expected taking into account your previous spending pattern, this Agreement and the circumstances of the case), must be made within 8 weeks from the date on which the funds were deducted from your Available Balance. Within 10 Business Days of receiving your claim for a refund or within 10 Business Days of receiving further information from you, we will either refund the full amount of the Payment as at the date on which the amount of the Payment was debited or provide you with justification for refusing the refund.
14.12. The right to a refund under this Clause 14 does not apply where you have given consent directly to us for the Payment to be made and, if applicable, information on the Payment was provided or made available to you by us or the payee in an agreed manner for at least four weeks before the due date.
14.13. If you are not satisfied with the justification provided for refusing the refund or with the outcome of your claim for a refund, you may submit a complaint to us or contact the complaints authority as described in Clause 16.
14.14. If at any time we have incorrectly deducted money from your Available Balance, we shall refund the amount to you. If we subsequently establish that the refunded amount had been correctly deducted, we may deduct it from your Available Balance and may charge you a Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.
14.15. Where any request, Transaction, disputed Transaction, arbitration or reversed Transaction involves third party costs, you remain liable for these and they will be deducted from your Account or otherwise charged to you.
15. General Liability
15.1. Without prejudice to Clause 14 and subject to Clause 15.4;
i. neither party shall be liable to the other for indirect or consequential loss or damage (including without limitation loss of business, profits or revenues), incurred in connection with this Agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;
ii. we shall not be liable:
ii.1. if you are unable to use the Card or Payment Services for any valid reason stated in this Agreement;
ii.2. for any fault or failure beyond our reasonable control relating to the use of the Payment Services, including but not limited to, a lack of Available Balance or fault in or failure of data processing systems;
ii.3. for any loss, fault or failure relating to the use of a Third-Party Provider as stated in Clause 6.3, 6.6 and 6.7 of this Agreement,
ii.4. if a Merchant refuses to accept a Payment or fails to cancel an authorisation or pre-authorisation;
ii.5. for the goods or services that are purchased with your Card;
ii.6. for any dispute you might have with a Merchant or other user of the Payment Service where you acted with:
ii.6.1. undue delay
ii.6.2. fraudulently; or
ii.6.3. With gross negligence. (including where losses arise due to your failure to keep us notified of your correct personal details)
15.2. You agree that you will not use the Payment Services in an illegal manner and you agree to indemnify us against any claim or proceeding brought about by such illegal use of the Payment Services by you, your Authorised Person(s) and Additional Cardholder(s).
15.3. You are solely responsible for your interactions with Merchants or other users of the Payment Service. We reserve the right, but have no obligation, to monitor or mediate such disputes.
15.4. To the fullest extent permitted by relevant law, and subject to Clause 14 and Clause 15.5, our total liability under or arising from this Agreement shall be limited as follows:
i. where your Card is faulty due to our default, our liability shall be limited to replacement of the Card or, at our choice, repayment to you of the Available Balance; an
ii. in all other circumstances of our default, our liability will be limited to repayment of the amount of the Available Balance.
15.5. Nothing in this Agreement shall exclude or limit either Party’s liability in respect of death or personal injury arising from that party’s negligence or fraudulent misrepresentation.
15.6. No party shall be liable for, or be considered in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party’s reasonable control.
16. Dispute Resolution
16.1. We are committed to providing an excellent customer experience for all our Customers. If we do not meet your expectations in any way, we want to have the opportunity to put things right.
16.2. In the first instance, your initial communication will be with our Customer Services Team who can be contacted by Email to email@example.com or by phone to +44 (0)207 127 5093 . Our Customer Services Team will listen to your needs and will do their best to solve your issue promptly and fairly. We value the opportunity to review the way we do business and help us meet our customers’ expectations.
16.3. If having received a response from our Customer Services Team you are unhappy with the outcome, please contact the Complaints Team of Prepaid Financial Services Ltd, 5th Floor, Langham House, 302-308 Regent Street, London, W1B 3AT in writing via email on firstname.lastname@example.org.
16.4. Once received, the Complaints Team will conduct an investigation and you will receive a response of its findings within 15 days of receipt of the complaint. In exceptional circumstances where we are unable to reply within the first 15 days, we will reply providing a reason for the delay and deadline for response, not more than 35 days after first receipt of complaint.
17.2. In order for us to provide you with the services relating to your Account, we are required to collect and process personal data about you, Additional Cardholders and Authorised Persons, with your consent or on a legal basis to meet our obligations for Anti-Money Laundering legislation or other governmental organisation. Where applicable, if an Account holder is under 16, then parental consent is explicitly required.
17.3. Your consent will be sought for collection of your data and you have the right to agree or decline. Where you decline consent for the collection and processing of your data we reserve our right to discontinue service due to our obligations as a financial services institution.
17.4. We may disclose or check your personal data with other organisations and obtain further information about you in order to verify your identity and comply with applicable money laundering and governmental regulations. A record of our enquiries will be left on your file.
17.5. We may pass your personal data on to third-party service providers contracted to PFS in the course of dealing with your Account. Any third parties that we may share your data with are obliged to keep your details secure, and to use them only to fulfil the service they provide you on our behalf. Where we transfer the personal data to a third country or international organisation, we ensure this is done securely and that they meet a minimum standard of data protection in their country.
17.6. You have the right to receive information concerning the personal data we hold about you and to rectify such data where it is inaccurate or incomplete. You have the right to object to or withdraw any consent you have given for certain types of processing such as direct marketing.
17.7. Your data will be retained for 6 years after the end of the provision of services to you, where your data will be destroyed in compliance with the requirements of the General Data Protection Regulation.
17.8. In the event that you wish to make a complaint about how your personal data is being processed by us (or third parties as described in 18.5 above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and PFS’s Data Protection Officer.
18. Changes to the Terms and Conditions
18.1. We may update or amend these terms and conditions (including our Fees & Limits Schedule). Notice of any changes will be given on our Website, or by e-mail notification, or by SMS at least 2 months in advance. By continuing to use the Payment Services after the expiry of the 2-month 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 Payment Services and terminate this Agreement in accordance with Clause 10 before the changes take effect.
19.1. We may assign or transfer our rights, interest or obligations under this Agreement to any third party (including by way of merger, consolidation or the acquisition of all or substantially all of our business and assets relating to the Agreement) upon 2 month’s written notice. This will not adversely affect your rights or obligations under this Agreement.
19.2. Nothing in this Agreement is intended to confer a benefit on any person who is not a party to it, and no such person has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement, but this Clause do not affect a right or remedy of a third party which exists or is available apart from that Act.
19.3. Any waiver or concession we may allow you, will not affect our strict rights and your obligations under this Agreement.
19.4. This Agreement and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement.
20. Funds Protection
All relevant funds corresponding to your Available Balance are segregated from our funds and held in the Customer Funds Account in accordance with the safeguarding requirements of the Electronic Money Regulations 2011 by law. In the event that we became insolvent those funds are protected against claims made by any of our creditors.
21. Regulation & Law
21.1. The Payment Services, Card and Account are payment services and not deposit, credit or banking products and are not covered by the Financial Services Compensation Scheme.
21.2. This Agreement shall be governed by and interpreted in accordance with the laws of England & Wales, and any dispute or claim in relation to this Agreement shall be subject to the non-exclusive jurisdiction of the English courts. However, if you reside outside of England and Wales you may bring an action in your country of residence.
22. Fee and Limits Schedule
Activation and monthly fee
Card Fee – free
Monthly Service Charge €1.00
Internet Credit Card Load 3.50% min €1.75
Internet Debit Card Load €1.75
SMS Credit Card Load 3.50% min €1.75
SMS Debit Card Load €1.75
WestStein Card To WestStein Card Transfer (KYC – KYC cardholder only) 1.00%
Loading by Bank Transfer €0.80
Batch File Load €0.60
SEPA Incoming Fee €0.55
SEPA Outgoing Fee €0.55
SEPA Investigation Fee €15.00
SMS Balance Check €0.20
SMS WestStein Card to WestStein Card Transfer 1.00%
International ATM withdrawal (of amount withdrawn) €2.50 +1.5%
Over the counter cash advance – Domestic €2.50
Over the counter cash advance – International (of amount withdrawn) €2.50 +1.5%
ATM Balance check €0.30
Domestic POS €0.00
International POS €0.50
FX on Spend 3.00%
All decline fees €0.50
Initial PIN Enquiry €0.00
Subsequent PIN Enquiry €1.75
Inactivity fee (after 90 days of inactivity. occurs every 30 days while the card is not being used) €2.00
Online PIN Reveal €1.00
IVR Balance Check €2.00
Load Limits – NON KYC Upgrade
Initial Load Minimum €10.00
Initial Load Maximum €250.00
Minimum Reload €10.00
Maximum ATM lifetime Withdrawal €100.00
Max Load Amount Per Month €250.00
Maximum Card Balance €250.00
Load Limits – KYC Upgraded
Initial Load Minimum €10.00
Initial Load Maximum €2,500.00
Minimum Reload €10.00
Maximum Reload €4,000.00
Maximum POS daily spend €15,000.00
Max loads per day €35,000.00
Maximum ATM daily Withdrawal €1,500.00
Max Load Amount Per Day €35,000.00
Maximum Card Balance €35,000.00
EFFECTIVE as of 1st June, 2016
1. General Provisions
1.1.Please read these Terms and Conditions carefully as they govern the contractual relationship between you and us relating to your use of the WestStein E-Voucher payment system.
1.2.Your WestStein E-Voucher is issued by Prepaid Financial Services Limited whose registered office is at Fifth Floor, Langham House, 302-308 Regent Street, London W1B 3AT, United Kingdom. [“PFS”].
1.3.Your WestStein E-Voucher is operated by SIA WestStein whose registered office is at Mukusalas street 41, Riga, LV 1004, Latvia. [“WestStein, “we” or “us”].
1.4.PFS is authorized and regulated by the Financial Conduct Authority of the United Kingdom as an electronic money institution with an e-money license.
1.5.You must be at least eighteen (18) years of age to obtain and use a WestStein E-Voucher.
1.6.By purchasing or using a WestStein E-Voucher you are agreeing to be bound by these Terms and Conditions.
1.7.The official language for these Terms and Conditions is English. Only these E-Voucher Terms and Conditions version shall have any legal effect for contractual, compliance or enforcement purposes.
1.8.WestStein reserves the right to alter these terms and conditions from time to time by posting a two month notice of any changes on its website www.weststeincard.com. Any changes will take effect 2 months after the date of posting on the website, and shall apply to your use of the WestStein E-Voucher payment service after that 2 month period. Continued use of the WestStein E-Voucher will be considered as your acceptance and agreement of these changes. If you don’t accept these changes, you have right to terminate this Agreement without any sanctions until the changes has taken effect, you have also right to get refund according to article 7 without any fee.
1.9.The WestStein E-Voucher payment system enables you to make deposits to your WestStein Prepaid Mastercard without the need for bank accounts or credit or debit cards, through the use of individually encoded and encrypted E-Voucher Codes issued in exchange for cash.
1.10.You can download a copy of these Terms and Conditions at any time from our Website www.weststeincard.com.
1.11.WestStein E-Vouchers do not generate interest on the value of the Voucher Code.
2. Acceptance of Terms and Conditions
2.1.By becoming the Holder of a WestStein E-Voucher Code you agree to be bound by the terms and conditions set out in this Agreement in relation to any use of the WestStein E-Voucher payment system.
2.2.You become a Holder of a WestStein E-Voucher Code by:
2.2.1.Obtaining a WestStein E-Voucher Code from a Business Partner contracted to provide WestStein E-Vouchers; or
2.2.2.Being gifted a WestStein E-Voucher Code and being in receipt of proof of purchase including the original voucher receipt.
2.3.You cease to be a Holder of a WestStein E-Voucher Code when:
2.3.1.You submit the voucher code to www.weststeincard.com and the voucher is validated; or
2.3.2.Some other person becomes a Holder of that voucher code and is identified as such.
2.4.This Agreement terminates automatically:
2.4.1.When you cease to be a Holder; or
2.4.2.When the validity period of the WestStein E-Voucher Code ends. This will not affect your refund rights as detailed below.
2.5.We reserve the right to refuse to validate a WestStein E-Voucher Code and amount if we have reason to suspect that a breach of any applicable law or regulation has occurred or is likely to occur.
2.6.You agree that you will not use the WestStein E-Voucher payments system for any illegal purpose. If the WestStein E-Voucher is used in a way that is not in conformity with these Terms and Conditions, you will be held fully liable and you agree to hold PFS safe and harmless from any consequences of such unauthorized use or misuse.
2.7.You agree that you will keep proof of purchase of the WestStein E-Voucher voucher code including the original voucher receipt and that this proof of purchase may be requested by WestStein to establish that you are the Holder of the WestStein E-Voucher Code as defined in 2.2
3. Buying a WestStein E-Voucher
3.1.WestStein E-Voucher voucher codes are commercialized by companies contracted and accepted by PFS as business partners. [Business Partners]
3.2.Business Partners may use their distributing facilities to sell WestStein E-Voucher Codes.[Retailers].
3.3.WestStein is not liable for the validity of any voucher codes originating from any person or entity that is not a WestStein contracted business partner or for any losses or damages resulting from the supply of voucher codes from any such persons or entities (whether such voucher code is provided directly or indirectly to you.
3.4.WestStein E-Vouchers come normally in the following fixed denominations: €10, €20, €50, €100, €150 subject to any specific country regulatory limitations and the Terms and Conditions.
3.5.You can purchase a WestStein E-Voucher only from a Retailer upon payment by you of the value printed on the WestStein E-Voucher(“Value”).
3.6.You may activate up to 3 WestStein E-Voucher Codes in any one day with a total daily limit of 450 EUR and a monthly limit of 2500 EUR. These Terms and Conditions apply to all such voucher codes and their use.
3.7.Each WestStein E-Voucher is allocated its own unique code.[Code]. When you purchase a WestStein E-Voucher, the Retailer will hand over to you a paper voucher showing amongst other information your Code. You will need to use the Code to load your WestStein Mastercard.
3.8.If you find that your WestStein E-Voucher is defective, you should tell us immediately, either by phone or email (+371 6 550 999 5 or email@example.com). If it is not possible to remedy the defect, we will provide you with a new WestStein E-Voucher. You agree to provide us with the relevant receipt(s) and information regarding the purchase of the defective WestStein E-Voucher so we may investigate fully.
3.9.The commercial resale of WestStein E-Voucher is prohibited by parties that are not Retailers.
4. WestStein E-Voucher Redemption by WestStein
4.1.Each WestStein E-Voucher Code provided will be valid for 90 days from the Purchase Date indicated on the voucher. [Expiration Date]. The Purchase Date is the date on which the WestStein E-Voucher voucher is provided in its customary active state and can be used to make a payment as described below in article 5.
4.2.If you do not submit details of your WestStein E-Voucher Code to load your WestStein Mastercard at www.weststeincard.com prior to the Expiration Date, you authorize WestStein to automatically redeem your voucher on your behalf. Consequently if you submit your WestStein E-Voucher Code after the Expiration Date, the Voucher Code shall no longer be usable to make a payment transaction and WestStein has no obligation to validate it for payment.
5. Making Payments With WestStein E-Vouchers
5.1.You must treat the E-Vouchers as if they were cash. If you lose the voucher you may be liable for the loss.
5.2.You may use the WestStein E-Voucher payments system to load your WestStein Mastercard at www.weststeincard.com.
5.3.WestStein E-Voucher Codes are unique alpha numeric or numeric combinations. Each Voucher Code applies to a single voucher for a single stated face value amount and currency. If a Voucher Code and corresponding amount submitted to WestStein for validation matches the issuing records, WestStein shall confirm validation.
5.4.WestStein shall not be obliged to undertake any verification of the identity of the person submitting the Voucher Code and amount in payment. By submitting the Voucher Code for payment You warrant that you are the legitimate Holder of the Voucher Code and entitled to use it. If you suspect any misuse you must contact us immediately.
5.5.Once WestStein has concluded that a submitted Voucher code and amount are validated and funds are deposited to the Holder’s WestStein Mastercard, WestStein has no means of subsequently withdrawing such validation and the Voucher Code and Amount will be considered redeemed and cannot be used again.
5.5.WestStein E-Vouchers can’t be redeemed partially.
5.6.Paying with WestStein E-Voucher voucher codes is like paying with cash, and so you will normally keep your own records of payments.
6. Security of Your WestStein E-Voucher Code
6.1.You are solely responsible for the security and integrity of your WestStein E-Voucher Code. You must keep your WestStein E-Voucher Code safe and protect it from access by unauthorised third parties. Do not give your Voucher Code to any unauthorised third party.
6.2.You must check that your WestStein E-Voucher receipt has a Voucher Code and serial number. If you cannot read your Voucher Code and serial number or you believe confirmation is corrupted in any way then you must inform us by phone or by e-mail (+371 6 550 999 5 or firstname.lastname@example.org stating the serial number of the WestStein E-Voucher . We will then provide you with a new WestStein E-Voucher Code. If you are unable to read the Voucher Code but you are able to read the serial number of the WestStein E-Voucher then you must send a scanned copy of the WestStein E-Voucher via email to the Business Partner specific email address found on the WestStein voucher or to the general email address email@example.com. After satisfactory verification we will send you a new WestStein E-Voucher.
6.3.WestStein shall not be obliged to verify that the person presenting the Voucher Code and amount to WestStein via www.weststeincard.com is the Holder of, or is otherwise entitled to use, the WestStein E-Voucher Code.
6.4.If you have lost your WestStein E-Voucher Code, you may contact WestStein via firstname.lastname@example.org and request that the Voucher Code is recorded lost. You will be asked to provide the Voucher Code, amount, currency and the date, time and place of issue along with your proof of purchase.
6.5.If you believe any of your WestStein E-Voucher transactions are incorrectly executed you must notify us as soon as possible but within 13 months of the date of the debit. We may bill you a chargeback or investigation fee of twenty Euros (€20.00) prior to investigating your claim.
6.6.You cease to be the Holder of the WestStein E-Voucher if you provide the details of the WestStein E-Voucher Code to some other person (see 2.3.2) regardless whether such a person is acting unlawfully or is guilty of misrepresentation.
7.1.In Latvia where PFS operates under license from the Financial Conduct Authority you can request a refund for a WestStein E-Voucher Code.
7.1.1.Your right to request a refund commences from the purchase date of the voucher to you (see 4.1) and continues for a period of 7 years.
7.1.2.Voucher Codes must be unused at the time of refund request.
7.1.3.PFS reserves the right to decline a refund request if you cannot prove that you are a Holder of a WestStein E-Voucher Code as defined in 2.2. Therefore you should retain proof of purchase including the original voucher receipt.
7.2.You will need to contact our customer service team for the Refund Application Process. You will need to also provide by post or any other method specified by WestStein proof of your identity, proof of your address, the original voucher details and any other information specified on the form.
7.3.WestStein will charge an administration fee for processing a refund and the administration fee will be shown on the Consumer Refund Application Form available in the FAQs article at https://vouchers.prepaidfinancialservices.com. The due amount will be paid directly into your bank account.
7.3.1.For refund requests made in 90 days from the Issuing date of the voucher to you a Service Fee of 10% of the face value will be deducted subject to a minimum charge of €10.00 or equivalent.
7.3.2.For refund requests in the period of 12 months following the period in 7.3.1 a Service Fee will not be charged.
7.3.3.For refund requests received after the end of the period referred to in 7.3.2 a Service Fee of 15% of the face value will be applied subject to a minimum charge of €30.00, the Service Fee increasing by 5% every 12 months until the end of the period in which you can request a refund as per 7.1.1 above.
7.4.Any changes to the requirements for refunds and charges will be notified on the website www.weststeincard.com. Any changes will take effect 2 months after the date of posting on the website, and shall apply to your use of the WestStein E-Voucher payment service after that 2 month period.
8.1.If you are unhappy in any way with the WestStein E-Voucher payment system please try and resolve the matter with WestStein E-Voucher Customer Services first via the phone number or email address stated website www.weststeincard.com.
8.2.If having received a response from our Customer Care Team you are unhappy with the outcome, please contact the Complaints Officer of Prepaid Financial Conduct Ltd, Fifth Floor, Langham House, 302-308 Regent Street, London W1B 3AT, directly in writing or via email on email@example.com.
If the Complaints Officer of Prepaid Financial Conduct is unable to resolve your complaint and you wish to escalate your complaint further, please contact the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
9.1.By acquiring a WestStein E-Voucher Code , you give your consent, that WestStein has the right to perform such KYC (Know Your Customer) checks deemed necessary to comply with Anti Money Laundering regulations, or if WestStein, in its sole opinion, suspects fraudulent use and/or misuse of the WestStein E-Voucher payment system. You further undertake to co-operate fully to ensure the KYC information required is provided to WestStein within the time parameters to be specified by WestStein.
10.1.WestStein may terminate this Agreement immediately if:
10.1.1.You are in breach of any of the terms of this Agreement; or
10.1.2.We have reason to believe there has been or may be some illegality or fraud or misuse of the WestStein E-Voucher payment system.
11. Suspension of Service
11.1.WestStein gives no warranty or representation that its WestStein E-Voucher payment system will be available at all times.
11.2.WestStein reserves the right to suspend its system for maintenance or system upgrades whenever WestStein considers necessary. WestStein will use reasonable endeavors to minimize any periods during which the system is unavailable and where possible will post notice on its website of such suspension.
12. Exclusion of Representation and Warranties
12.1.WestStein disclaims all warranties and clauses of any kind, express or implied, arising by statute or common law, related to this Agreement, including, any warranty of marketability, fitness for a particular purpose or non-infringement, each of which is hereby excluded by Agreement of the Parties. WestStein shall not be liable for any failure to provide services, good or processes caused by third party processors and service providers (subject to WestStein using reasonable endeavors to ensure any services, good or processes are performed by such third parties).
13. Limitation of Liabilities
13.1.You acknowledge that WestStein is solely providing a payment service and that some limitation of liability on WestStein’s part is reasonable and customary in an Agreement such as this.
13.2.Accordingly, you agree that WestStein shall not be liable for: Any delay or failure to carry out WestStein’s obligations under this Agreement arising from maintenance or upgrade of the system, or failure of the system or other event beyond our reasonable control; Any loss or damage (including direct, indirect or consequential loss or damage or loss of profits, business, revenue or opportunity) arising from any delay or failure to carry out WestStein’s obligations under this Agreement (excepting WestStein E-Voucher’s obligation to make a refund under article 7), save that nothing in this Agreement shall purport to exclude or limit the liability of either party for death or personal injury caused by negligence.
13.3.Save in relation to death or personal injury caused by negligence, in no circumstances shall WestStein’s liability hereunder exceed the face value of the WestStein E-Voucher Code that is issued to you.
13.4.The Prepaid Financial Services Compensation Scheme is not applicable to WestStein E-Voucher Codes. No other compensation schemes exist to cover losses claimed in connection with a WestStein E-Voucher Code. However your funds are safeguarded by law. In the event that PFS became insolvent your funds spent for E-Voucher are protected against claims made by any other creditors.
14.1.You hereby indemnify and agree at all times to hold WestStein harmless from and against all losses, demands, claims, damages, expenses (including reasonable legal costs) and liabilities arising from any third party claim resulting from your use or misuse of the WestStein E-Voucher payment system, or for harm suffered directly or indirectly by WestStein as a result of your breach or non-observance of your obligations under this Agreement.
15. Data Protection
16.1.The WestStein E-Voucher is issued in Euro (€) and can only be used for payments in Euro.
16.2.This Agreement is governed and construed by the laws of England and both parties submit to the exclusive jurisdiction of the English Courts.
16.3.PFS reserves the right to assign, subcontract, novate or transfer its obligations hereunder to any third party.
16.4.Nothing in this Agreement is intended to create any rights which are enforceable by any person who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999.
16.5.If any clause or part of any clause of this Agreement shall be found to be illegal or unenforceable, then the validity and enforceability of the remainder of the Agreement shall not be adversely affected.
16.6.Any delay or failure by WestStein to enforce or pursue any remedy or right hereunder shall not be deemed to be a waiver of that remedy or right and will not prevent that right or remedy from subsequently being exercised or enforced.
16.7.This Agreement constitutes the entire agreement between us relating to the provision of the WestStein E-Voucher payment system and supersedes any previous agreements and understandings between us relating thereto.
17.1.Voucher activation fee is 5.5% of the voucher’s face value. The fee is charged from your WestStein Mastercard account immediately after successfully activating the voucher. The minimum fee is EUR 1.
17.2.Table of fees
Voucher activation 5,5%, minimum EUR 1,00
Administration fee for refund request:
Request made in 90 days from the Issuing date 10%, minimum EUR 10,00
Request made in 1 year and 90 days from the Issuing date 15%, minimum EUR 30,00 + 5% for every next 12 months