Important information you need to know
The Anytime B2C Account Agreement
Please read this Agreement carefully before using your Anytime Account or activating your Anytime Card or use any of our services. This information forms the Agreement for your Anytime Account issued by PPS including any associated Anytime Card issued by PPS and payment services managed by PPS that Anytime may provide to you. By confirming that you accept the terms of this Agreement, or by using your Anytime Account or activating your Anytime Card and/or using our services, you accept this Agreement. If there is anything you do not understand, please contact Customer Services using the contact details in paragraph 20 of this Agreement.
Agreement - This agreement as varied from time to time.
Anytime - Anytime SA trading as Le Compte Anytime, a company registered in Belgium whose registered office is at Avenue Louise, 326, 1050, Brussels, Belgium.
Anytime Account – The electronic account associated with your Anytime Card.
Anytime Account Details – Any details related to Anytime Account, including but not limited to, Sort Code and Account Number.
Anytime Account Holder - you, the individual entering into this Agreement with us.
Anytime Card - Any Anytime Prepaid Mastercard Card associated with your Anytime Account, including any additional cards.
Anytime Account Limits - Maximum limits in relation to the Anytime Account, such as Anytime Account Maximum Balance, and topping up limits as shown in paragraph 2.
Anytime Account Maximum Balance – The maximum balance you can have on your Anytime Account as referred to in paragraph 2.
Anytime Card Number - The 16 digit number on the front of your Anytime Card.
Anytime IBAN – Anytime account details for receiving incoming SEPA payment and sending outgoing SEPA payment.
ATM - Automated Teller Machine.
Available Balance - The value of funds available to use.
Business Days - The days of Monday to Friday between the hours of 9am-5pm but does not include bank holidays, or public holidays.
Contactless - A payment feature that provides you with a way to pay by tapping the Anytime Card on a point-of-sale terminal reader for transactions of up to €50 (as amended from time to time).
Customer Services - The contact centre for dealing with queries about your Card. Contact details for Customer Services can be found in paragraph 20.
Digital Card – A computerised visual image of your Card, also known as Virtual Card.
EEA - The European Economic Area which currently includes all countries in the European Union together with Iceland, Norway and Liechtenstein.
e-money - The electronic money associated with your Anytime Card.
Full Deductible Amount - The full transaction amount, including the transaction itself along with any associated fees, charges and taxes.
Information – Means any personal information about you, such as but not limited to, your name, address and DOB.
Limits - Maximum limits in relation to your Anytime Account and your Anytime Card, such as Maximum Balance, and limits on transactions as referred in paragraph 2.
Mastercard Acceptance Mark - The Mastercard International Incorporated Brand Mark, indicating acceptance of the Card.
Mastercard - Mastercard International Incorporated whose head office is at 2000 Purchase Street, Purchase, New York, 10577-2509 USA.
Merchant - A retailer, or any other person, firm or corporation that accepts cards which display the Mastercard Acceptance Mark.
Payment Instruction – An instruction from you to make a payment from or to your Anytime Account.
Payment Details – The details you provide to enable funds to be received into your Anytime Account or the details that you provide in order to send funds from your Anytime Account.
PIN – A four digit personal identification number for use with your Anytime Card.
Quasi Cash – Means transactions that includes, but not limited to, purchasing travellers cheque, lottery tickets, casino gaming chips, money orders, deposits and wire transfer money orders.
Self Service Account Management Portal – A mobile App or online portal that allows access to the Anytime Account.
SEPA Payment – is a non-urgent euro payment debiting a euro account and crediting another euro account in the SEPA zone.
we, us our or PPS - PrePay Technologies Limited, a company registered in England and Wales with number 04008083 who can be contacted at PO BOX 3883 Swindon SN3 9EA.
Wearable Payband – A wireless bracelet that can be used for contactless payments which is linked to your Anytime Account. The device will be limited by local terminal contactless limits.
you, your - The Anytime Account Holder.
*Some ATM may have a lower limit.
3.SCOPE OF THIS AGREEMENT
3.1 Your Anytime Account is e-money, in euro. If you get an Anytime Card that is associated with your Anytime Account, the Anytime Card will be a prepaid card not a credit, a charge or debit card.
3.2 The Anytime Account is an electronic money product and the electronic money stored in the Anytime Account is issued by PPS, and distributed and administered by Anytime as agent for PPS. PPS are authorised and regulated by the FCA as an electronic money institution with permission to issue e-money and provide payment services (firm reference number 900010).
3.3 All Anytime Cards are issued by us pursuant to our licence from Mastercard. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. Your Anytime Card remains PPS’s property.
3.4 Your rights and obligations relating to the use of your Anytime Account and Anytime Card are as set out in this Agreement between you and us; you have no rights against Mastercard or its respective affiliates. If you experience any difficulties in using your Anytime Account and/or Anytime Card you should contact Customer Services.
3.5 This Agreement is written and available in French and English and we undertake to communicate with you either in English or in French regarding any aspect of your Anytime Account and Anytime Card.
3.6 You agree that we may communicate with you by e-mail and/or SMS and/or via the Self Service Account Management Portal notifications for issuing any notices or information about your Anytime Account and therefore it is important that you ensure you keep your e-mail address and mobile phone number updated via the Self Service Account Management Portal.
4.APPLYING FOR AND REGISTERING YOUR ACCOUNT
4.1 To apply for or to have an Anytime Account, you must be at least 18 years old and reside in the EU.
4.2 If we are unable to satisfactorily verify your identity and address from the Information provided by you at the time you applied for or registered for an Anytime Account we will reject your application.
4.3 We will register your Anytime Account for you on the basis of the Information that you have provided to us. You must provide accurate Information and tell us of any changes to your Information as soon as possible so that our records remain correct.
4.4 To use the Anytime Account, you will need to log into the Self Service Account Management Portal.
4.5 An Anytime Account is for personal use only, not for business use. If you use your Anytime Account for business purposes we may close your Anytime Account immediately.
5.RECEIVING AND ACTIVATING AN ANYTIME CARD
5.1 You may hold up to three additional cards. You will be responsible for all cardholders and any fees or charges these Anytime Cards may incur.
5.2 Your Anytime Card will be posted to your home address if applied for an Anytime Account online.
5.3 If the Anytime Card is purchased from a store, you must provide your Information to verify your identity and address. 5.4 We will allow you to set up your Anytime Account if you pass your identity and address check.
5.5 When the Anytime Card is received in the post, you must sign it immediately and activate it via the Self Service Account Management Portal. Anytime Cards purchased in store must be signed immediately and can be activated via the Self Service Account Management Portal.
5.6 We will only activate your Anytime Card once we have received your full payment of your annual fee.
5.7 Once the Anytime Card has been activated, you can view the PIN via the Self Service Account Management Portal.
5.8 You may change your PIN at selected ATM that has PIN change facility. When selecting or changing the PIN, you must not select a PIN that may be easily guessed, such as a number that:
5.8.1 is easily associated with you, such as your telephone number or birth date; or
5.8.2 is part of data imprinted on the Card; or
5.8.3 consists of the same digits or a sequence of running digits; or
5.8.4 is identical to a previously selected PIN.
5.9 You must not reveal your PIN to a third party.
5.10 You must register for a Self Service Account Management Portal access if you have purchased your Anytime Card from a store.
6.USING AN ANYTIME CARD
6.1 Your Anytime Card can be used at any Merchant to make purchases in-store, via the internet or over the phone and can be used to obtain cash through ATMs (fees apply, see paragraph 12).You may also make purchases online and over the phone using your Anytime Digital Card. Each transaction will need to be authorised by you. We will treat the transactions as authorised and genuine if:
6.1.1 the Anytime Card is tapped against a Contactless enabled reader and accepted by such reader;
6.1.2 the Anytime Card PIN or other security code personal to you is used;
6.1.3 the Anytime Card is used and you have authorised the transaction by signature of the receipt;
6.1.4 the Anytime Digital Card details have been used;
6.1.5 the Wearable Payband is tapped against a contactless enabled reader and accepted by such reader; or
6.1.6 a transaction was authorised from the Self Service Account Management Portal.
6.2 Once you have authorised a transaction, you will not be able to withdraw your consent to the transaction.
6.3 The Anytime Card is a prepaid card, which means that the Available Balance will be reduced by the full amount of each transaction and authorisation, plus any applicable taxes and charges, including additional ATM charges if any. You must not use the Anytime Card if the Full Deductible Amount exceeds the Available Balance.
6.4 The Anytime Card can be used to make transactions in a currency other than Euro ("foreign currency transaction"), the amount deducted from your Anytime Card will be converted to Euro on the day we receive details of that foreign currency transaction. We will use a rate set by Mastercard, which will be available on each Business Day and changes in the exchange rate shall take effect immediately. Exchange rates can fluctuate and they may change between the time a transaction is made and the time it is deducted from your Available Balance. You can find out the exchange rate applied to a transaction in your transaction history. We will charge an additional foreign transaction fee for all foreign currency transactions.
6.5 Due to security safeguards, Merchants that accept the Anytime Card are required to seek authorisation from us for all of the transactions that are made by you. There are some circumstances where Merchants 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:
6.5.1 hotels, rental cars, and
6.5.2 internet Merchants – certain internet Merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify if funds are available. This will temporarily impact the Available Balance. Also please bear in mind that many sites will not deduct payment until goods are dispatched so please be aware of this when checking the Available Balance to make sure sufficient funds are available to cover all purchases.
6.6 If a Merchant agrees to give a refund for a purchase made using the Card, the funds will be added to the Available Balance of the Anytime Card when we receive the funds from the Merchant.
LIMITS ON THE USE OF THE CARD
6.7 The Anytime Card cannot be used in situations where it is not possible to obtain online authorisation that you have sufficient balance for the transaction. For example but not limited to: transactions on trains, ships, and some inflight purchases.
6.8 The Anytime Card cannot be used at self service petrol pumps but it can be used to pay by taking it to the cashier.
6.9 The Anytime Card must not be used as a form of identification.
6.10 The Anytime Card must not be used for any illegal purpose or in any manner prohibited by law, nor for gambling, for any adult entertainment or for Quasi Cash transactions.
6.11 We may ask you to surrender your Anytime Card at any time for a valid reason in accordance with the provisions in paragraph 15 of this Agreement.
6.12 The expiry date of the Anytime Card is printed on the front of the Anytime Card. You will not be able to use your Anytime Card once it expires. You may request a replacement Anytime Card via the Self Service Account Management Portal (fees apply, see paragraph 12).
6.13 Any Available Balance remaining on the Anytime Account at Anytime Card expiry will remain yours for a period of six years from the expiry date. Within this period, you may at any time redeem your Available Balance by contacting Customer Services. You will not have an access to your Anytime Account and we will not return any funds remaining on the Anytime Account after six years from Anytime Card expiry and this Agreement will terminate.
7. USING THE ANYTIME ACCOUNT
7.1 The Anytime Account can be used for making incoming and outcoming SEPA Payments, each subject to Anytime Account Limits.
ADDING FUNDS TO THE ANYTIME ACCOUNT
7.2 Subject to the limits set out in paragraph 2, funds can be added to the Anytime Account through receiving SEPA Payments, by topping up using debit or credit card, by sending a cheque and by transferring funds from another Anytime Account. Subject to paragraph 7.4, we will credit the Anytime Account when we receive the funds.
7.3 Depending on how funds are added to the Anytime Account, fees may apply, see paragraph 12.
7.4 We may not credit your Anytime Account with a payment intended for your Anytime Account if:
7.4.1 the Anytime Account has reached the Anytime Account Maximum Balance or Anytime Account Limits;
7.4.2 the Anytime Account is inactive or blocked;
7.4.3 the sender has provided incorrect/invalid Anytime Account Details for your Anytime Account;
7.4.4 we suspect fraudulent activity on your Anytime Account; or
7.4.5 to do so is prohibited by any law.
7.5 The funds may be sent back to the sender without notifying you if paragraph 7.4 applies. Please note this will only apply to incoming SEPA payments to the Anytime IBAN.
SEPA PAYMENTS OUT
7.6 To make a SEPA Payment out from your Anytime Account, you must first set up the recipient as a new payee. For setting up a new payee, you will need to undergo some security authorisation steps on the Self Service Account Management Portal.
7.7 Once the security authorisation steps have been successfully completed, a payment to that set up payee can be made via the Self Service Account Management Portal.
7.8 It is your responsibility to check there is sufficient Available Balance before sending any payments out. If your Anytime Account does not have sufficient Available Balance your payment will be rejected.
7.9 If you update your mobile number via the Self Service Account management Portal or Customer Services, you may not be able to set up a new payee for making payments for 24 hours.
7.10 If a payment is rejected by the recipient bank, a refund is automatically credited to your Account.
TIMING OF PAYMENTS
7.11 Any SEPA Payment out will be sent within 1 Business Day of Payment Instruction.
7.12 Any incoming SEPA Payments will be credited to your Anytime Account within 1 Business Day from receiving the funds.
7.13 We will only allow a payment to be made if the payment is within your Anytime Account Limits and there is sufficient Available Balance.
7.14 The time of receipt of a transaction order is when we receive it. You cannot stop a transaction after it has been transmitted to us and you have given your consent, or when you have given your consent to a pre-authorised payment.
AUTHORISATION FOR PAYMENTS AND STOPPING PAYMENTS
7.15 It is your responsibility to ensure you provide correct recipient account details and payment amount when making any payment or setting up a payee. If you do not provide us with correct information, we are not responsible for incorrect payments.
7.16 We will treat a payment as authorised by you if:
7.17 the transaction was authorised from the Self Service Account Management Portal using the required entry login details and that the payee had been approved using the verification code sent in the payee approval SMS; or
7.18 We may refuse to process a payment (without prior notice to you) if:
7.18.1 the Anytime Account does not have sufficient Available Balance to cover the payment; or
7.18.2 the Anytime Account is suspended or closed; or
7.18.3 the Anytime Account has reached its Anytime Account Limits; or
7.18.4 we need to do so to comply with the rules of the payment system; or
7.18.5 we suspect fraudulent activity on your Anytime Account or
7.18.6 required to comply with any law.
7.19 If we refuse to process payment under 7.18, we will not be liable for any loss this may result in, nor will we be obliged to inform the intended recipient.
7.20 If, for any reason, a payment is processed for an amount greater than the Available Balance on your Anytime Account, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance immediately after receiving an invoice from us. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action and/or closing the Anytime Account, to recover any monies outstanding.
7.21 The Available Balance on the Anytime Account will not earn any interest.
8. CHECKING ANYTIME ACCOUNT BALANCE
8.1 You can check the Available Balance and transaction history on the Anytime Account via the Self Service Account Management Portal.
9.CANCELLING, CLOSING YOUR ANYTIME ACCOUNT AND REDEEMING E-MONEY
9.1 You may cancel your Anytime Account and Anytime Cards before activating it, and up to 14 calendar days after the date of activation ("cancellation period"), via the Self Service Account Management Portal or by contacting Customer Services.
9.2 You may terminate your Anytime Account and any Anytime Cards at any time after the cancellation period by redeeming any Available Balance on the Anytime Account by contacting Customer Services. You will be charged a fee, if you redeem your balance at the following times;
9.2.1 before the expiry date of your Anytime Card or replacement Anytime Card;
9.2.2 before you or we terminate this Agreement prior to the Anytime Card expiry date;
9.2.3 more than 12 months after;
(i) your Card Anytime Card or replacement Anytime Card expires: or
(ii) this Agreement is terminated (as applicable). You will be reminded of this fee before redemption.
9.3 You may redeem funds as long as:
9.3.1 we believe you have not acted fraudulently; and
9.3.2 we are not prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.
9.4 Subject to paragraph 9.5, once the Available Balance is redeemed and the Anytime Account is closed, your Agreement will terminate. However, if paragraph 9.5 applies to your Anytime Account then your Anytime Account will remain active and your Agreement will continue to apply to you until there is no money outstanding on your Anytime Account.
9.5 If we find any additional withdrawals, fees or charges have been incurred on your Anytime Account following the processing of your redemption funds, we'll send an itemised invoice to you and we will require you to refund us immediately after receiving the invoice. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
10.YOUR LIABILITY AND AUTHORISATIONS
10.1 We may restrict or refuse to authorise any use of your Anytime Account or Anytime Cards issued under this Agreement including transactions in any legal jurisdiction if using the Anytime Card is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit any illegal activities or other abuse in connection with the Anytime Account or Anytime Card.
10.2 Where appropriate, any refusal to authorise a Anytime Card transaction will be relayed to you via the Merchant concerned.
10.3 You must sign your Anytime Card as soon as you receive it and keep it safe.
10.4 You will be liable for all unauthorised transactions that arise from the use of a lost or stolen Anytime Account or Anytime Card security information or the misappropriation of the Anytime Account or Anytime Card if you fail to:
10.4.1 keep the Anytime Card and/or security features of the Anytime Card and/or Anytime Account safe, or
10.4.2 notify us that the Anytime Card is lost or stolen.
10.5 You should never:
10.5.1 allow another person to use your Anytime Card, PIN or security information related to the Anytime Account or Anytime Card.
10.5.2 write down password(s), PIN or any security information unless this is done in a way that would make it impossible for anyone else to recognise any of that information, or
10.5.3 disclose your PIN or any security information, or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others; or
10.5.4 enter the PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner.
10.6 You will be responsible for all transactions which you authorises, whatever the manner of such authorisation.
10.7 You will be liable for all transactions that take place as a result of you acting fraudulently or failing to comply with this Agreement with intent or gross negligence. Any such transactions and any fees and charges relating to such transactions will be deducted from the Available Balance.
10.8 It is your responsibility to keep us updated of changes to any Information, including e-mail address and mobile numbers. Failure to do so may result in us being unable to contact you regarding the Anytime Account, including the provision of refunds to which you might be entitled or to let you know about changes to this Agreement.
10.9 You agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or fraudulent use of the Anytime Card, Anytime Account, Self Service Account Management Portal log in details, or PIN by or authorised by you.
10.10 The Self Service Account Management Portal is only supported on devices where the operating system has not been modified, or jailbroken, or configured to allow software installation from sources other than those approved by Anytime (including but not limited to the Apple App Store and Google Play). Use of the Self Service Account Management Portal on such a device is at your risk and we cannot be held responsible for any financial loss or loss of data or Information.
11. LOST, STOLEN OR DAMAGED CARDS
11.1 In the event of loss, theft, fraud or any other risk of an unauthorised use of the Card, or if the Anytime Card is damaged or malfunctions, you must block the Anytime Card via the Self Service Account Management Portal immediately or contact Customer Services so that we can block the Anytime Card and PIN.
11.2 In the event that you either block the Anytime Card or you notify us in accordance with this Agreement that your Anytime Card has been lost or stolen you will be liable for a maximum of €50 of any loss that takes place prior to us being notified or the Anytime Card being blocked.
11.3 Provided that you have followed one of the steps in accordance with paragraph 11.1 and that paragraph 11.4 does not apply, then you will not be liable for losses that take place following the date on which you blocked the Anytime Card or informed Customer Services. If there is an Available Balance remaining on the Card, you may request a replacement Anytime Card via the Self Service Account Management Portal (fees apply, see paragraph 12).
11.4 In the event that we have reason to believe that you have acted fraudulently or have acted with gross negligence or intentionally in failing to notify us or block the lost or stolen Anytime Card or you have failed to keep your Anytime Card or security information safe or you have breached this Agreement then you shall be liable for all losses.
12.1 Your Anytime Account is subject to the following fees:
12.2 We will deduct any fees due from the Available Balance. If there is no Available Balance of funds, or fees exceed the balance of funds available, we shall send an invoice to you and will require you to refund us immediately after receiving the invoice. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
13. DISPUTES AND INCORRECT TRANSACTIONS
13.1 If there is a reason for believing that a transaction on the Anytime Account was unauthorised by you, or was made incorrectly, you must inform us immediately via the Self Service Account Management Portal, but in any event within 13 months of the date of the relevant transaction.
13.2 If you dispute a transaction:
13.2.1 the Merchant must be able to prove that the transaction took place,
13.2.2 we will immediately refund the amount to the Anytime Account to the position it would have been in if the unauthorised transaction had not taken place. We will have no further liability to you. If we subsequently discover that you were not entitled to a refund, we shall treat the refund as a mistake and be entitled to reapply the transaction, including any charges to the Anytime Account. In this event we will charge £10 administration fee.
13.2.3 if there are reasonable grounds for thinking that you may not be entitled to a refund (based on the evidence available to us at the time the unauthorised transaction was reported), we may investigate before giving any refund.
13.3 If you tell us that a transaction has been made incorrectly, we will:
13.3.1 immediately refund your Anytime Account with the amount of the non-executed or defective payment transactions and, where applicable, restore your Anytime Account to the state in which it would have been had the defective transaction not taken place.
13.3.2 If you ask us to, we will make immediate efforts to trace the transaction and notify you of the results.
13.4 You will be liable for all transactions made from your Anytime Account;
13.4.1 if you have acted fraudulently; or
13.4.2 if you have deliberately or with gross negligence failed to keep your Anytime Account or Anytime Card security information safe in accordance with the terms of this Agreement, or where you have failed to notify us without undue delay on becoming aware that your Anytime Account or Anytime Card security information has been lost, stolen or otherwise misappropriated.
13.5 Where you have agreed that another person can take a payment from Anytime Account (e.g. if you have given your Anytime Card details to a retailer for the purpose of making a payment), you may ask us to refund a payment if all the following conditions are satisfied:
13.5.1 the authorisation given did not specify the exact amount to be paid;
13.5.2 the amount that has been charged to your Anytime Account was more than you could reasonably have expected to pay, based on the circumstances, including previous spending patterns; and
13.5.3 you make the refund request within eight weeks of the date when the payment was taken from your Anytime Account.
13.6 We may ask you to provide information for verification.
13.7 If you ask us to make a refund under paragraph 13.5 then, within 10 Business Days of the date we receive your request (or if we ask for more information under paragraph 13.6, within 10 Business Days of the date we receive that information) we will either:
13.7.1 refund the payment in full; or
13.7.2 tell you the reasons why we do not agree to the refund.
13.8 You will not be entitled to a refund under paragraph 13.5 if:
13.8.1 you have given us your consent for the payment to be made; and
13.8.2 where applicable we (or the person or a Merchant you agreed to pay) have given you information on the payment in question at least four weeks before the due date of the payment.
13.8.3 if the payment in question was higher than you reasonably expected to pay is due to a change in any currency exchange rate.
14.1 We may change this Agreement, including fees and limits by providing you with at least two months prior notice by e-mail (provided that you have supplied us with an up-to-date e-mail address) and will ensure the most recent version is always available on the Self Service Account Management Portal.
14.2 If you do not agree with the changes to the Agreement, you may at any time within the two months’ notice period terminate your Agreement and close your Anytime Account in accordance with paragraph 9.2 at that time without a charge. However, in the event you do not cancel during this period then you will be deemed to have accepted them and the changes will apply to you.
14.3 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.
15. TERMINATION OR SUSPENSION
15.1 We can terminate this Agreement at any time:
15.1.1 if we give you two months’ notice and refund the Available Balance to you without charge, or
15.1.2 with immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Anytime Account or Anytime Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your transactions due to the actions of third parties.
15.2 We can suspend or terminate your Anytime Account or Anytime Cards at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:
15.2.1 we discover any of the Information provided to us when you applied for your Anytime Account or purchased the Anytime Card was incorrect; or
15.2.2 a transaction has been declined because of a lack of Available Balance; or
15.2.3 if we suspect unauthorised or fraudulent use of the Anytime Account or Anytime Card; or
15.2.4 if you have reached your Limits; or
15.2.5 you have breached this Agreement or we have reason to believe that you have used, or intend to use your Anytime Account or Anytime Cards or the Self Service Account Management Portal password or passcode in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process any transactions due to the actions of third parties.
15.3 In the event that we do suspend or terminate your Anytime Account or Anytime Cards then if we are able to do so, we will tell you in advance otherwise we will let you know immediately afterwards (to the extent the we are permitted by law). We may advise anyone involved in the transaction if a suspension has taken place.
15.4 In the event that any additional fees are found to have been incurred on your Anytime Account following termination by either you or us, then subject to this Agreement, you shall refund to us any sum which relates to a withdrawal or fees and/or charges validly applied whether before or after termination. We will send an invoice to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
16. OUR LIABILITY
16.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
16.1.1 we shall not be liable for 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;
16.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
16.1.3 where the Anytime Card is faulty due to our default, our liability shall be limited to replacement of the Anytime Card, or at our choice, redemption of the Available Balance;
16.1.4 where sums are incorrectly deducted from the Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
16.1.5 in the unlikely event that sums are deducted from the Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 13; and
16.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
16.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
16.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
16.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
17.1 You may provide us with the Information from time to time in connection with your Anytime Account. Some Information will be necessary for us to provide you with the Anytime Account and services under this Agreement. You must update any changes to the Information via the Self Service Account Management Portal.
17.2 To make a payment we may transfer your Information/data to any payment service provider used to complete your Payment Instruction. By making a Payment Instruction you acknowledge this transfer of your Information. We will contact you if any additional information is required from you in relation to such payment. If you require any information about payment service providers used in relation to payments, you can contact Customer Services. We may also transfer your Information outside of the European Union and the EEA to enable the use of Anytime Card while travelling or as permitted by law.
17.3 We and our affiliates are committed to maintaining the Information in accordance with the requirements of the Data Protection Act 1998 and will take all reasonable steps to ensure that the Information is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with this Agreement, the Information will not be passed to anyone without your permission. We can at any time request evidence of your identity and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of your Anytime Account for this purpose and who will add details to their record of our request for a search.
17.4 You agree that we can use the Information in connection with your Anytime Account, to contact you about replacement of your Anytime Cards, and to enable us to review, develop and improve our products and services. This may involve providing the Information to our partners, affiliates, agents, distributors, suppliers, and to Mastercard and its affiliates to process transactions and for their statistical research and analytical purposes. We may also transfer the Information outside of the EEA to enable you to use your Anytime Account while they are travelling. We may also disclose the Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
17.5 You may contact us at anytime to request us to stop such use or further disclosure to other companies for such use.
17.6 You have a right to inspect the Information we hold about you however.
17.7 If we discover that the Information we hold about you is incorrect, we may have to suspend or cancel the Anytime Account until we can establish the correct Information, in order to protect us both.
18. COMPLAINTS PROCEDURE
18.1 Complaints regarding any element of the service provided can be sent to Customer Services.
18.2 All complaints will be subject to Anytime’s complaints procedure. Anytime will provide you with a copy of their complaints procedure upon request and, if they receive a complaint from you, a copy of their complaints procedure will automatically be posted or emailed to you.
18.3 If Anytime fail to resolve the complaint to your satisfaction you may refer the complaint to the Financial Ombudsman Service (Exchange Tower, London E14 9SR, phone 0800 023 4567). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
19.1 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.
19.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
19.3 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 Anytime Accounts and/or Anytime Cards issued to you are terminated and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
19.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement, save that Mastercard and their respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon them and a person specified in paragraph 16.4 may enforce paragraph 16.
19.5 This Agreement contains the information set out in Schedule 4 of the Payment Service Regulations 2009 and you can obtain a copy of this Agreement at any time by visiting the Self Service Account Management Portal.
19.6 This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.
19.7 The Financial Services Compensation Scheme is not applicable for this Anytime Account. No other compensation schemes exist to cover losses claimed in connection with the Anytime Account. In the event that we become insolvent, your funds are safeguarded under the EU Electronic Money Directive 2009/110/EC and UK Electronic Money Regulations 2011 which are designed to ensure the safety of funds held in electronic money accounts like your Anytime Account.
20. CONTACTING CUSTOMER SERVICES
20.1 If you have a query regarding the Card, you can contact Customer Services by phoning +33 (0) 1 73 600 632 between the hours of 9.00am to 6.30pm on Monday to Friday (excluding bank holidays), or by writing to Customer Services at 326 Avenue Louise, 1050 Bruxelles or by emailing firstname.lastname@example.org.
A Lost and Stolen Anytime Card service is also available 24 hours via the Self Service Account Management Portal.
Mastercard is a registered trademark of Mastercard International Incorporated.