Terms & Conditions

 

 

Definitions
Agreement” means these Terms and Conditions.
Available Funds” means at any given time any unspent funds loaded onto Your Card which is available to pay for transactions and fees and charges payable under this Agreement.
Business Day” means any day other than a Saturday, Sunday or national public holiday on which banks are open for business.
Card” or “Pre-paid Visa Card” means an electronic money card issued by Us to You.
Commencement Date” means the date You commence using the Card or activate it.
Expiry Date” means the date printed on Your Card which is the date Your Card will cease to work.
PIN” means Your unique personal identification number which is provided to You for use with Your Card.
Product Page” means a separate page describing the specific features, terms, conditions and fees that apply to Your Card. These features, terms and conditions will vary depending on where You obtained the Card. Product page is webpage referred on chapter 2.3.
Services” refers to the payment and e-money services offered by Rightcard to the user.
“We”, “Us” or “Our” means Rightcard Financial Services Limited
“You”, “Your” or “User” refers to the electronic and payment services user.
“Website” means our programme manager website mentioned item on 2.3 .
Commercial Partner means the customer who will be distibuting the cards.

1. INFORMATION ON TERMS AND CONDITIONS
This Agreement sets out the general Terms and Conditions that apply to the payment and electronic money services provided through the website, the mobile application or any other enabled means (hereinafter, the “Platform”) and which are regulated by the FCA’s role under the Payment Services
Regulations 2017 and the Electronic Money Regulations 2011 and which, together with the Privacy and Data Protection Policy and the Product Page constitute the general conditions for contracting the services.
This Framework Agreement, as well as its amendments and any other legally relevant terms and information related to the use of the Services provided, will be available to the User at all times on the Platform and on the programme manager website (refer to chapter 2.3 ) for viewing and downloading.
When accessing, registering, and using the Platform, Users should carefully read the terms and conditions set out in this Framework Agreement, the Product Page, Mobile App and the Privacy Policy described in this document.
By using the Card or activating it You agree to the Terms and Conditions in the Agreement. If there is a conflict between the Terms and Condition and the Product Page, the relevant term or condition in the Product Page will apply. Copies of this Agreement can be found on the Website and Mobile App.

2. PARTIES
The parties involved in this contract are:
2.1 User: The natural or legal person who, in compliance with the established registration requirements, accesses, browses, requests and/or uses the payment services and who has accepted this framework agreement for the payment services, browses, requests and/or uses the payment services and who has accepted this framework agreement for the execution of the performance of such Services.
2.2 RightCard: The company providing the payment and electronic money Services is RightCard Payment Services Limited hereinafter, “RightCard”, a company incorporated in the United Kingdom with a Unique Tax Number 4655311925, Companies House registration number 9163262 and registered office is at Unit 104 , Grand Union Studios, 332 Ladbroke Grove, London, W10 5AD. The website https://right-card.com/.
RightCard is an electronic money institution authorised and supervised by the Financial Conduct Authority under the payment services regulations, with authorisation number 900424. The Financial Conduct Authority of United Kingdom s the relevant financial supervisory authority, with an address at FCA Head Office,12 Endeavour Square, London E20 1JN, https://www.fca.org.uk/.
RightCard guarantees that the funds received for the execution of the payment transactions are safeguarded in a bank account separate from its own funds in a credit institution in the European Union.

2.3 Programme Manager: ( em branco no site da RC .. no da Easy Preenche )
Card Programme Manager is the outsourced service provider appointed by RightCard Payment Services Limited under this Agreement who will managed the bellow list aspects of this Card Programme including customer relationship management, product marketing and ensuring availability of funds for daily settlement with the RightCard Payment Services Limited;

Card Programme Details

Programme Name
Programme Manager
Address
Phone
Opening ours
email
Website link
Product page link
Mobile APP Name
Fee & Charges link
T&C link
Our commercial partner

3. IDENTIFICATION REQUIRED FOR THE SERVICES
The User of the Services provided by RightCard shall register on the platform by completing the required data, such as: name, surname, country of residence, country of birth, date of birth, telephone, email, tax identification number, country of tax residence, full postal address, occupation and data relating to the identity card and/or passport, a photo of the User with and without his identity card and/or passport, nationality, type of document, document number, date of issue, expiry date, place of issue.
The User is responsible for providing complete, true and accurate information.
Once the user has registered on the website, the user will receive a confirmation email to the email address provided, in order to activate their user account and accept the Terms and Conditions and Privacy Policy.
In case of doubt about the information provided, RightCard may request additional documentation and may even block the User’s profile.
In order to prevent money laundering, RightCard may, at any time during the relationship, request additional documents from the User in order to prove the identity of the User, as well as to ensure the proper functioning of the Services provided.

4. FEES AND CHARGES
The fees and charges associated with the Services provided by Right Card form an integral part of these Terms and Conditions. All fees and charges are described in the Product Page, which may be found on programme manager website or issued upon request by contacting Our Customer Services team in accordance with fee & charges page of the programme manager website or by emailing programme manage (refer to chapter 2.3) . You should be aware that other taxes or costs may exist that are related to the Services but are not paid via Us or imposed by Us.
A copy of the Product Page will be issued to You along with these terms and conditions. If for any reason You did not receive a copy, or should You have any queries about the fees and charges, please contact Us using the details set out in these terms and conditions.

5. SERVICES PROVIDED BY RIGHTCARD
RightCard will provide the payment and electronic money Services described below to its User:
5.1 Issuing Electronic Money

Once registered on the Platform, Users will be able to open an E-Wallet into which they can deposit funds for the purpose of making payment transactions.
Upon receipt of the funds, RightCard will transform these funds into electronic money, at their nominal value, and they will be debited from the User’s E-Wallet.
Such e-money will consist of a monetary value stored by electronic or magnetic means and will represent a credit on the issuer.
With respect to the deposit of funds, or “E-Wallet top-up”:
i. The User must pay, in advance, the amount sufficient to the amount loaded.
ii. The User may deposit funds into the E-Wallet by debit card, credit card or bank transfer. Both credit and debit cards must be in the User’s name.
The E-Wallet will be issued at the same time as the funds are received by the Bank. Under no circumstances will the balance of the E-Wallet accrue interest or any other type of remuneration in favour of the User, nor will it be considered as a deposit.
The E-Wallet will be assigned a unique identifier that will unequivocally identify the User, the transactions that have been carried out and the balance of the E-Wallet.
5.2.- Redemption/Reimbursement/Distribution of Electronic Money
Similarly, Users may withdraw funds from the E-Wallet at any time. For this purpose, RightCard will convert the e-money into legal tender (non-electronic) money beforehand.
Rightcard will reimburse the User, upon request, at any time and at face value, the monetary value of the e-money held in the User’s E-Wallet.
The reimbursement will be made free of charge, however, RightCard may charge a proportionate and appropriate fee for the costs incurred by RightCard in making the reimbursement in the following cases: (i) where redemption is requested prior to the termination of the Framework Agreement, (ii) where the Framework Agreement determines a termination date and the e-money holder has terminated the Framework Agreement prior to such date, and (iii) where redemption is requested more than one year after the termination date of the Framework Agreement.
All charges applicable to the redemption shall be made available to the User prior to acceptance and/or termination of the Framework Agreement.
RightCard has its own Network of distributors.
5.3.- Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account.
Clients shall be able to place cash on their e-wallet from ATMs that are linked to Visa Network. Once funds are received and e-money is issued the Entity will credit the client´s e-wallet.
The cash will be credited to the customer’s Wallet the following day, as in the case of ATM deposits, the ATM owner confirms the transactions and enters the balances at the beginning of the following day.
5.4.- Execution of payment transactions, including transfers of funds on a payment account with the user’s payment service provider or with another payment service provider:
The User may open an E-Wallet at RightCard and, through it, the following operations may be carried out:
5.4.1.- Use of a card to make recurring payments via direct debit. Subscriptions and membership are some of the examples of use of this type of payment.
5.4.2.- The User will be able to make payments with the Card linked to his/her E-Wallet.
5.4.3.- The User will be able to make transfers from his/her E-Wallet to the E-Wallet of other Users in the RightCard environment, thus from his/her E-Wallet to the accounts in other entities (whether the User is the holder of these or not).
5.5.- Issuing of payment instruments and/or acquiring of payment transactions.
The Card is a prepaid payment card which may be used to pay for goods and services at participating retailers that accept Visa cards. It is designed for use in shops and retail locations where You are physically present. Like any payment card, We cannot guarantee that a particular retailer will accept the Card – please check with the retailer before attempting the transaction if You are unsure. You will not be able to use Your Card to make any purchases from some retailers; such retailers have been blocked by Our systems in order to prevent the potential use of cards for unauthorized or unlawful activity.
5.6.- Foreign Exchange
Users will be able to request a currency exchange in the RightCard system.
E-Wallet funds will be available in the following currencies: Euro (EUR), Pound Sterling (GBP) and US Dollars (USD).
RightCard makes available to its Users, on the Platform, the minimum buying and maximum selling exchange rates or, where applicable, the single rates that apply, for transactions in amounts not exceeding 3,000 Euros. When the amount is greater than 3,000 euros, RightCard will offer the User the exchange rate applicable to the transaction.
Changes to the exchange rates will be applied immediately and without prior notice, based on the variations in the reference exchange rates. Changes to the exchange rates used in payment transactions will be applied and calculated in a neutral and non-discriminatory manner with respect to payment service users.
In any case, the exchange rate will be communicated to the User prior to the confirmation of the payment order and will be included in the payment order including the settlement thereof.
RightCard reserves the right not to accept any transaction that, according to its internal regulatory controls, requires additional checks that prevent the immediate execution of the transaction.

6.CARD CONDITIONS
6.1 Cards
The production of the Cards and the technology systems required to operate the Cards are provided by Right IT Services B.V. Registered Office: Grutbroek 11, Doetinchem, The Netherlands. The Programme Manager will provides customer support for Cards as set out in Terms & Condition ( set on chapter 2.3 ) . The Programme Manager Also provides customer support for Cards as set out in Condition.
In some cases, the Prepaid Visa Cards will be linked to one of our partners, for example in exchange for electronic goods. Whilst Our commercial partner may distribute the Card, this agreement is separate and distinct from any agreement You may have with our commercial partner.
The Card is an electronic money (“e-money”) product, regulated by the FCA. It is a prepaid card not a credit card and is not linked to Your bank account. You must ensure that You have sufficient Available Funds on the Card to pay for each purchase, payment or cash withdrawal using the Card. The Card is intended for use as a means of payment, and funds loaded onto the Card do not constitute a deposit. You will not earn interest on the balance of the Card.
The Card will expire on the Expiry Date and will cease to work. Please check the Product Page and Mobile app, ( refer to chapter 2.3 ) and also Condition 6.6 of this Agreement for further information.
When You receive Your Card, it will be issued to You in an inactive state. You will need to activate it by using the Mobile App prior to use. The Card will normally be ready for use within minutes after activation. If You don’t activate Your Card, any transactions that You attempt to carry out may be declined.

6.2 Purchase of Cards
The Card is a financial services product, and We are therefore required by law to hold certain information about Our customers. We use this information to administer Your Card, and to help Us identify You and Your Card in the event that it is lost or stolen. We only keep this information as long as is necessary and for the purposes described.
In order to obtain a Card, You must be at least 18 years old and a European Union resident. We may require evidence of who You are and of Your address. We may ask You to provide some documentary evidence to prove this and/or We may carry out checks on You electronically.
When We carry out these checks, Your personal information may be disclosed to credit reference agencies and fraud prevention agencies. These agencies may keep a record of the information and a footprint may be left on Your credit file, although the footprint will denote that the search was not a credit check and was not carried out in support of a credit application. It is an identity check only, and will therefore have no adverse affect on Your credit rating.
The purchase of or use of the Card will indicate to Us that You consent to the checks described in this Agreement being undertaken.
Where permitted, You may request additional Cards linked to Your Card. You authorise Us to issue Cards and PINs to the additional cardholders and You authorise each additional cardholder to authorise transactions on Your behalf. You remain responsible for any fees, transactions, use or misuse of any Card or additional Card requested by You.
This Agreement also applies to any additional Cards and cardholders that You have arranged. It is important that You communicate this Agreement to any additional cardholders before they start using the Card.

6.3 How to use the Card
A Card may only be used by the person to whom the Card was issued. In the case of an additional or secondary Card, that Card may only be used by a person nominated by the primary cardholder. The Cards are otherwise non transferable, and You are not permitted to allow any other person to use the Card, for example by disclosing Your PIN or allowing them to use Your Card details to purchase goods via the internet. Prior to use, the Card should be signed on the signature strip located on the back of the Card.
We will be entitled to assume that a transaction has been authorised by You where either:
● the magnetic strip on the Card was swiped by the retailer or the Card was inserted into a chip & PIN device;
● the Card PIN was entered or a sales slip was signed; or
● relevant information was supplied to the retailer that allows them to process the transaction, for example providing the retailer with the 3-digit security code on the back of Your Card in the case of an internet or other non face-to-face transaction.
Normally, We will receive notification of Your authorisation by way of an electronic message in line with the rules and procedures of the payment scheme [(Visa network)]. Once We have received notification of Your authorisation to proceed with the transaction, the transaction cannot be stopped or revoked. However, You may in certain circumstances be entitled to a refund in accordance with Condition 9.
On receipt of notification of Your authorisation, normally We will deduct the value of the transaction, plus any applicable fees and charges, from the Available Funds on the Card. The retailer or service provider that has accepted Your Card for payment will normally receive payment within 3 Business Days.
Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Card the transaction will be declined. In certain circumstances, a transaction may take Your Card into a negative balance – this will normally be where the merchant has failed to seek authorisation for the transaction. In these cases, We will attempt to recover some or all of the money from the merchant if We can, providing that We are satisfied that You have not deliberately used the Card in the manner that would result in a negative balance. We will deal with such instances on a case-by-case basis, but where there is a negative balance on Your Card, We may require You to make up the shortfall and, until there are Available Funds on Your Card, We may restrict or suspend the use of Your Card.
The Card may be used in full or part payment for purchases. In the case of part payment, the cardholder will be required to pay the outstanding amount of the purchase by an alternative means, for example, cash or debit card or credit card.
If You use Your Card for a transaction in a currency other than the currency that the Card is denominated in, the transaction will be converted to the currency that the Card is denominated in by the [Visa Card scheme network] [MasterCard scheme network] at a rate set by [Visa Europe Limited][MasterCard International Incorporated].
The exchange rate varies throughout the day and is not set by Us, therefore We are not responsible for and cannot guarantee You will receive a favourable exchange rate. You can ask Us for information about the exchange rate used after the transaction has been completed by contacting Our Customer Services team in accordance with Condition 22.
Normally, We will be able to support transactions 24 hours per day, 365 days per year. However, We cannot guarantee this will be the case, and in certain circumstances – for example a serious technical problem – We may be unable to receive or complete transactions.
6.4 Restrictions on use of Card
You must ensure that You have sufficient Available Funds on Your Card to pay for each purchase, payment or cash withdrawal using the Card.
The Card is not linked to a bank deposit account and is not a cheque guarantee card, charge card or credit card, nor may it be used as evidence of identity.
The Card may not be used for preauthorised regular payments, for gambling, or for any ilegal purposes. The Card may not be used for the purposes of car hire or to pay for hotel accommodation.
We may restrict or suspend use of Your Card without notice if We identify or suspect that suspicious, fraudulent or illegal activities are being carried out in relation to the Card, if We believe You have not complied with these Terms and Conditions, or in the event of exceptional circumstances which prohibit the normal operation of the Card.
Unless it would be unlawful for Us to do so or it is impracticable for Us to do so, where We stop or suspend the use of Your Card in accordance Condition 19, We will notify You of this and Our reasons for doing so, by sending an email to the email address You provided Us with when You obtained the Card, Where it is not possible to notify You before We stop or suspend the Card, We will notify You as soon as possible after We have stopped or suspended the Card.
The Card may only be loaded via channels that We approve. The type and nature of these load channels will depend on the commercial relationship We have with Our partners. We will describe these load channels applicable to Your Card in the Product Page and Mobile App, however should You have any questions about ways to load Your Card please contact Our Customer Services team in accordance with Condition 22.
6.5 Managing your Card
You may check the balance and Available Funds on Your Card or view a statement of recent transactions on the Mobile App.
6.6 Expiry of the Card
Your Card will expire on the Expiry Date. On that date, this Agreement will terminate in accordance with Condition 11, the Card will cease to function and You will not be entitled to use the Card.
In some cases, We may issue a new Card to You shortly before the Expiry Date, however We are not obligated to do so, and may elect not to issue a replacement Card at Our sole discretion.
Any arrangements for the issue of a replacement Card in accordance with Condition 6.10 below, will be described in the Product Page and Mobile App. The “cooling off” period described in Condition 6.7 will not apply to any replacement Card issued by Us. Your Card will expire on the Expiry Date. On that date, this Agreement will terminate in accordance with Condition 11, the Card will cease to function and You will not be entitled to use the Card.
In some cases, We may issue a new Card to You shortly before the Expiry Date, however We are not obligated to do so, and may elect not to issue a replacement Card at Our sole discretion.
Any arrangements for the issue of a replacement Card in accordance with Condition 6.10 above, will be described in the Product Page and Mobile App. The “cooling off” period described in Condition 6.7 will not apply to any replacement Card issued by Us.
6.7 Cooling off and redemption procedure
You are entitled to a 14-day “cooling off’ period from the Commencement Date during which You may cancel Your Card. Should You wish to cancel Your Card and this Agreement during the “cooling off” period, please return the Card to Us to the following address: Rightcard Payment Services Limited , Unit 104 , Grand Union Studios, 332 Ladbroke Grove, London, W10 5AD, United Kingdom, unsigned and unused within 14 days of issue and a full refund of any fees paid to date will be made to You. Note that You will not be entitled to a refund of any fees if You have used Your Card during the 14-day “cooling off” period.
Following the end of the “cooling off” period, You may terminate this Agreement and or redeem some or all of the Available Funds on the Card by contacting Our Customer Services team in accordance with Condition 22. Where You request this, You will be charged a redemption and cash-out fee in accordance with Condition 4. We will deduct any redemption and cash-out fee payable to Us from the Available Funds on the Card and will normally issue a cheque made payable to You (posted to the address We have on record for You), or make an electronic transfer to a bank account that You nominate for the amount of the remaining Available Funds on the Card following the deduction of the redemption and cash-out fee. We will not complete Your redemption request if We believe You have provided false information, We are concerned about the security of a transaction, if Your Card is not in good standing, or if there are insufficient Available Funds to cover the redemption and cash-out fee.
If You request redemption of the entire remaining balance, We will assume that it is Your intention to terminate this Agreement and will cancel Your Card.
6.8 Keeping your Card and details safe
We will assume that all transactions entered into by You with Your Card or Card details is made by You unless You notify Us in accordance with Condition 19.
You are responsible for keeping Your Card and its details safe. This means You must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a transaction. You should be happy that the retailer or service provider is genuine and has taken adequate steps to safeguard Your information before proceeding with the transaction and supplying them with the physical Card or details.
You must keep Your PIN safe at all times. This includes:
● memorising Your PIN as soon as You receive it, and destroying the letter or other document on which We provided the PIN to You immediately. If You need to write down Your PIN in order to help You remember it, You must make sure it is well disguised;
● never writing Your PIN on Your Card or on anything You usually keep with Your Card;
● keeping Your PIN secret at all times, including by not using Your PIN if anyone else is watching; and
● not disclosing Your PIN to any person, except that You may disclose the PIN orally (but not in writing) to a person authorised to use Your Card.
Failure to comply with this may be treated as gross negligence and may affect Your ability to claim any losses. NEVER COMMUNICATE YOUR PIN TO ANYONE IN WRITING. This includes printed messages, e-mails and online forms.
6.9 Purchases from retailers
We are not responsible for the safety, legality, quality or any other aspect of the goods and services purchased with the Card.
Where a retailer provides a refund for any reason (for example, if You return the goods as faulty) it can take several days for the notification of the refund and the money itself to reach Us. As such, please allow 5-10 days from the date the refund was carried out for the refund to be applied to Your Card.
The purchase of or use of the Card will indicate to Us that You consent to the checks described in this Agreement being undertaken.
Where permitted, You may request additional Cards linked to Your Card. You authorise Us to issue Cards and PINs to the additional cardholders and You authorise each additional cardholder to authorise transactions on Your behalf. You remain responsible for any fees, transactions, use or misuse of any Card or additional Card requested by You.
This Agreement also applies to any additional Cards and cardholders that You have arranged. It is important that You communicate this Agreement to any additional cardholders before they start using the Card.
6.10 Lost, stolen or damaged cards
After You have notified Us of the loss, theft or risk of misuse, and providing that We are able to identify Your Card and satisfy certain security checks, We may issue a replacement Card and/or PIN to You. Certain fees may apply for the re-issue of a lost or stolen card. The “cooling off” period described in Condition 6.7 does not apply to replacement Cards.
Other than in the exceptions stated in Condition 15, We will not limit Your liability for any unauthorised transactions, where You have notified Us in accordance with Condition 19.

7. CONSENT
RightCard will apply Strong Consumer Authentication (SCA) to User when they:
– Log in to their account
– Initiate a payment transaction
– Perform any other action via a remote channel that may involve a risk of payment fraud or abuse.
In order to perform any of the payment and electronic money Services, the User, through the Platform, should complete a payment order and authorise it by means of the one-time use code (hereinafter “OTP code”) that will be sent to the User’s secure device or the facial recognition or fingerprint recognition feature of your device, both of which are known as Strong Consumer Authentication. The payment order is completed and submitted through the Platform.
The authorised payment order is considered to be received immediately.
Strong Consumer Authentication shall be based on two or more elements categorised as knowledge, possession or inherence, and will result in the generation of a code that will be accepted by RightCard only once.
In addition, RightCard may perform a risk assessment analysis whereby RightCard will analyse certain contextual factors of the normal use of the payment instrument. Only if the assessment of these factors produces a positive result, would the application of any of the possible exemptions to Strong Consumer Authentication be considered, always in accordance with the requirements of the applicable regulations, which include the possibility of not performing strong authentication, including, but not limited to, transactions involving small amounts, low-risk transactions, recurring transactions, or trusted beneficiaries, among others.

8. AUTHORISATION AND REVOCATION OF PAYMENT ORDERS
A payment transaction shall be considered to be authorised when it has the User consent expressed in accordance with the procedures set out in this Framework Agreement. However, in special cases, the User and RightCard may agree that consent may be given after the payment transaction has been executed.
Until RightCard has received the consent referred to in the preceding paragraph, the User may withdraw it at any time by means of authenticated communication delivered to RightCard before the deadline for which the revocation period is permitted. Once received by RightCard, the consent shall be irrevocable. Thus:
(a) Payment orders may not be revoked by the User after receipt by RightCard. Orders are deemed to have been received by RightCard on the bank business day on which they are received if such receipt occurs before 17:00 hours, or on the following bank business day if they are received on a non-business day or after the time indicated.
b) Payment orders initiated by a payment initiation service provider, or by or through the payee, cannot be revoked by the User once he has given the payment initiation service provider his consent to initiate the payment transaction or once he has given his consent to execute the payment transaction to the payee.
c) The revocation of an order whose authorisation was produced by the transmission of consent to a series or group of transactions will entail the revocation of the series or group of consented orders.
In cases where RightCard and the User agree that a payment order shall only be deemed to have been received on an agreed date, it may be revoked at the latest by the end of the business day preceding the agreed day.
Upon revocation of consent, RightCard may charge the User for the costs incurred by the revocation in accordance with the provisions of the Fees.

9. REFUNDS FOR PAYMENT TRANSACTIONS INITIATED BY OR THROUGH A PAYEE
The User shall be entitled to obtain from RightCard, with a value date no later than the debit date, a refund of the total amount corresponding to the authorised payment transactions initiated by or through a payee, which have been executed provided that the following conditions are met:
(a) the authorisation did not specify, at the time it was given, the exact amount of the payment transaction;
(b) the amount exceeds the amount that the payer could reasonably expect taking into account previous spending patterns, the terms of the framework contract and the circumstances relevant to the case.
At RightCard’s request, it shall be up to the User to prove that these conditions are met.
The User may also request a refund for an authorised payment transaction initiated by or through a payee within a period of eight (8) weeks from the date on which the funds were debited from the User’s account.
Within ten (10) working days of receipt of a refund request, RightCard shall either refund the full amount of the payment transaction or inform the payer of the objective reasons justifying its refusal to refund and, in this case, indicate the judicial and extrajudicial complaint procedures available to the user in the event that the payer does not agree with the reasons given.
We will be unable to refund any funds, if any of User´s losses were incurred because the User have acted fraudulently or failed, either deliberately or due to gross negligence, to use any payment instrument, in accordance with its conditions, or in the event of loss, theft or misappropriation, failed to notify RightCard without undue delay as soon as the User became aware of it.

10. REFUSAL OF PAYMENT ORDERS
RightCard reserves the right to refuse the execution of a payment order in the following cases:
● The User Account does not have available funds to cover the transaction and all associated fees at the time that We receive notification of the transaction.
● There is an outstanding shortfall on the balance of Your Card.
● The User is unable or refuses to provide RightCard with the information and documents required or necessary to execute the order in accordance with Rightcard’s internal control procedures or in accordance with applicable law.
● Rightcard’s internal controls require additional checks to be carried out that would prevent the immediate execution of the order.
Rejected payment orders shall not be deemed to have been received for the purposes of their execution. RightCard reserves the right to block the execution of a payment order or to block a User in the event of irregular use of the services in breach of the stipulated conditions or fraudulent or unauthorised use of the Platform.
RightCard will inform the User of the refusal and the reasons for it so that the User can rectify the error as soon as possible and, in any case, within the execution period. RightCard may charge the User a reasonable fee, in accordance with the Tariffs, for this notification when the refusal is objectively justified.
Unless it would be unlawful for Us to do so, where We refuse to complete a transaction for You, We will notify You as soon as reasonably practicable, that it has been refused and the reasons why it has been refused, together where relevant, with the procedure for correcting any factual errors that led to the refusal. We may charge You each time We notify You that Your payment request has been refused.
In any payment transaction in which the unique account identifier is provided by the payer or by the payee to identify the account, if this is not correct RightCard will not be liable for the defective execution or non-execution of the transaction.

11.TERMINATION OF THIS AGREEMENT
this Agreement will terminate on the earliest of:
● 3 years from the date on which You accept this Agreement in accordance with Condition 1;
● subject to a replacement Card being issued to You in accordance with Condition 6.6, on the Expiry Date of Your Card; or
● a request for cancellation by You and or redemption by You of the entire remaining balance on Your Card in accordance with Condition 6.7 above.
We may terminate this Agreement:
● if You breach an important part of this Agreement, or repeatedly breach the Agreement and fail to resolve the matter within [10] days, or use Your Card or any of its facilities in a manner that We believe is fraudulent or unlawful;
● if You act in a manner that is threatening or abusive to Our staff, or any of Our representatives;
● if You fail to pay fees or charges that You have incurred or fail to put right any shortfall on the balance of Your Card.
If the Agreement terminates, We will cancel Your Card and You must tell Us as soon as practicable what You want Us to do with any unused Available Funds on Your Card.

12. RECEIPT OF PAYMENT ORDERS AND MAXIMUM EXECUTION TIMES ORDERS
RightCard will not debit Users payment account before RightCard receives a payment order.
RightCard shall respect the following maximum execution times for payment orders:
a) In the case of Transfers between RightCard accounts, the funds shall be credited to the Payee’s Account on the same business day on which the payment order is deemed to have been received.
b) For payment transactions made in Euros (e.g. SEPA standard and SEPA instant), where the User is the Originator, RightCard will ensure that the amount of the payment transaction is credited to the account of the Payee’s payment service provider, at the latest by the end of the business day on which the payment order is deemed to have been received.
For transactions where the User is the Payee, RightCard will establish the value date and the date on which the amount of the payment transaction is available on the User’s payment account after having received the funds from the payer’s provider.
All other payment transactions on account shall be executed as soon as possible depending on the correspondent banks or currency markets. Without prejudice to the foregoing, in intra-Union payment transactions, the execution period shall be a maximum of four (4) working days from the time of receipt of the order.


13. OBLIGATIONS AND LIABILITIES

Obligations and responsibilities of User
The User guarantees that all his actions related to the execution of the Contract shall comply with the applicable legislation.
The User guarantees that all his actions related to the execution of the Contract will comply with the applicable legislation.
The User shall bear full responsibility for the correctness of the data, orders and documents sent to the Platform. Users are prohibited from:
● Failing to comply with the provisions of the Framework Agreement, legislation and other legal provisions, including but not limited to money laundering and terrorist financing regulations.
● Executing or receiving transfers of illegally acquired funds, if the User knows or should have known about it.
● Registering on the Platform under a fictitious name or in the name of another person without a power of attorney or using the services of anonymous telephone numbers or email addresses provided by other persons or websites.
● Using the services of the Platform for activities prohibited by law or in a way that contradict public order and moral principles.
● Disclosing passwords and other personalised security features to third parties or allowing others to use the services on the User’s behalf.
The User shall reimburse RightCard for all direct damages, fines and other monetary penalties applied to RightCard for breach of the Agreement due to the User’s fault.
RightCard is entitled to request additional information or documentation relating to the User or the transactions executed by the User, as well as to suspend a User’s transaction until the User provides additional information or documentation relating to the suspended transaction. RightCard is also entitled to request the User to complete and periodically update the User questionnaire. If the User fails to provide additional information or documentation within a reasonable period of time set by RightCard, RightCard shall be entitled to suspend the provision of all or part of the services to the User.
Rightcard’s obligations
RightCard shall have no liability, whatsoever, for:
– Withdrawals and transfers of money from the User Account and on other payment transactions with funds from the User Account if the User has not protected his/her PIN or passwords and, as a result, other persons have gained access to the same, nor for illegal actions and transactions by third parties made using forged or illegal documents or data received unlawfully.
– Errors and late or missed transactions made by banks, billing systems and other third parties.
– Consequences of disruptions in the performance of any obligation of RightCard caused by a third party beyond Rightcard’s control.
– Consequences arising after RightCard lawfully terminates the Agreement, terminates the User’s account or limits access to it, as well as after the reasonable limitation or termination of the provision of a portion of RightCard’s Services.
– Goods and services purchased using the User Account, or failure of the other party, receiving payments from the User Account, to comply with the terms of any agreement.
– The breach of its own contractual obligations and damages, if any, arising out of RightCard’s performance of obligations under law.

14. LIABILITY FOR NON-EXECUTION OR PARTIAL EXECUTION OF PAYMENT ORDERS
In the case of payment orders initiated directly by the User, RightCard shall be liable to the payer for the correct execution of the payment transaction, unless it can prove to the payer and, where applicable, to the payee’s payment service provider, that the payee’s payment service provider received the amount of the payment transaction. In such a case, the payee’s payment service provider shall be liable to the payee for the correct execution of the payment transaction.
Without prejudice to the provisions of the preceding paragraph, RightCard shall not be liable in the event of non-execution or defective execution of a payment order if the Unique Identifier provided by the User is incorrect, without prejudice to which it shall make reasonable efforts to recover the funds of the payment transaction and may charge for the costs incurred. In such cases, the order shall be deemed to have been correctly executed in relation to the payee specified in said identifier.
Where RightCard is liable, it will, without undue delay, refund to the User the amount corresponding to the payment transaction not executed or defectively executed and, where applicable, restore the balance of the payment account to the situation it would have been in if the defective payment transaction had not been made.
In the case of payment orders initiated by or through the User, RightCard shall be liable to the User for the correct transmission of the payment order to the payer’s payment service provider. Where RightCard is liable in accordance with the provisions of this paragraph, it shall return the amount of the payment order to the payer’s payment service provider. In particular, RightCard shall be liable for:
(a) The correct and timely transmission of the payment order from the payer’s payment service provider.
b) The processing of the payment order in accordance with its value date and time limits for the availability of funds, once received, ensuring that the corresponding funds are promptly available to the User on the working day on which the payment order is credited.
Without prejudice to the provisions of the preceding paragraphs, if requested, RightCard shall make immediate efforts to trace the payment order and notify the User.

15. LIMITATION OF LIABILITY
None of the organisations described in Condition 1 will be liable for:
any fault or failure relating to the use of the Card that is a result of abnormal and unforeseeable circumstances beyond Our control which would have been unavoidable despite all Our efforts to the contrary, including but not limited to, a fault in or failure of data processing systems;
● the goods or services that You purchase with Your Card;
● any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; or
● any acts or omissions that are a consequence of Our compliance with any national or European Union law.
In any event the liability of the organisations described in Condition 1 will be limited to the balance of the Card at the time that the event occurs.
In addition to the limitations set out in Condition 15, Our liability shall be limited as follows:
● where Your Card is faulty due to Our fault, Our liability shall be limited to the replacement of the Card or, at Our choice, repayment to You of the Available Funds on Your Card; or
● where sums are incorrectly deducted from Your Card due to Our fault, Our liability shall be limited to payment to You of an equivalent amount.
In all other circumstances of Our default, Our liability will be limited to repayment of the amount of any Available Funds on the Card.
Nothing in this Agreement shall exclude or limit any regulatory responsibilities We have which We are not permitted to exclude or limit, or Our liability for death or personal injury.
If You have used Your Card or allowed Your Card to be used fraudulently, in a manner that does not comply with these Terms and Conditions, for illegal purposes, or if You have allowed Your Card or details to be compromised due to negligence You will be held responsible for the use and misuse of the Card. We will take all reasonable and necessary steps to recover any loss from You, and there shall be no maximum limit to Your liability except where relevant laws or regulations impose such a limit. This means You should take care of Your Card and details and act responsibly, or You will be held liable.
As a responsible e-money issuer We take the security of Your money very seriously. Your funds are held in a secure client account, specifically for the purpose of redeeming transactions made via Your Card. In the unlikely event of any insolvency, funds that have reached Our account will be protected against claims by creditors. We will be happy to talk through any questions or concerns You might have. Please contact Our Customer Services team for further information.

16. RIGHT OF RECTIFICATION AND REFUNDS
The User who holds the status of consumer in accordance with Article 3 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, “TRLGDCU”) and Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent measures in financial matters (hereinafter, “RDLSP”), as a User of payment services he/she must notify RightCard without undue delay of the incorrect or unauthorised execution of a payment transaction as soon as he/she become aware of such a circumstance and, in any event, within a maximum period of (13) thirteen months from the date of debit or payment of the amount of the transaction, as applicable.
Users who are not consumers must give the aforementioned notification within a maximum period of one (1) month. After this period has elapsed, RightCard will reject any claim relating to the execution of the transaction.
If We believe You have acted fraudulently, or if We believe You have intentionally or with gross negligence failed to keep Your Card or its details safe at all times, We will hold You liable for all transactions and any associated fees.
We will refund any unauthorised or incorrectly executed transaction immediately unless We have reason to believe that the incident may have been caused by a breach of the Agreement, through gross negligence or where We have reasonable grounds to suspect fraud. We shall not be held liable for a transaction that has been incorrectly executed if You have failed to notify Us of a problem without undue delay – in those circumstances, You may be held liable.
Once the request referred to in the first paragraph has been submitted, RightCard will refund the User, who is considered a consumer or micro-enterprise, the amount of the unauthorised transaction, except when RightCard has reasonable grounds for suspecting the existence of fraud and informs the Bank of Spain in writing, in the legal or regulatory manner established by law or regulation. Where appropriate, RightCard will return the payer’s payment account to which the debit was made to the state in which it would have been had the unauthorised transaction not been carried out.

17. USER’S LIABILITY FOR UNAUTHORISED PAYMENT TRANSACTIONS
When the User is a consumer or a micro-enterprise (company employing less than ten (10) people and whose annual turnover or annual balance sheet total does not exceed two (2) million euros), in the event of payment transactions carried out during the loss or theft of the payment instrument (cards), the consumer User shall bear the financial loss incurred before RightCard is notified of the loss or theft or unauthorised use, up to a maximum of fifty euros (€50). If the unauthorised payment transactions in these cases, and consequently the financial loss, exceed fifty euros (€50), this excess financial loss will be borne by RightCard.
However, the consumer or micro-enterprise User shall bear the entirety of the financial loss suffered when it has occurred as a result of his fraudulent behaviour or the deliberate or grossly negligent breach of any of his obligations of conservation, custody and secrecy of his passwords and means of payment.
Except in cases of fraudulent behaviour, the consumer or micro-enterprise User shall not bear any financial loss for the use of the payment instrument after notifying RightCard of its theft, loss or unauthorised use within the time limit.
Where the User is neither a consumer nor a micro-enterprise, he/she shall bear the entire financial loss for unauthorised use of the payment instrument incurred prior to RightCard being notified of the loss, theft or unauthorised use. However, in the event of fraudulent action by the non-consumer or micro-enterprise User, the latter shall bear the entirety of the financial loss suffered even after RightCard has been notified.

18. INCORRECT UNIQUE IDENTIFIERS
Where a payment order is executed in accordance with the unique identifier, the payment order is deemed to have been correctly executed.
RightCard is not liable for non-execution or defective execution of the payment transaction where the unique identifier provided by the User is incorrect. RightCard will, however:
● make reasonable efforts to recover the funds involved in the payment transaction; and
● charge the payment service User for any such recovery.
If the User has received funds from someone who had used an incorrect unique identifier, RightCard will co-operate with the payer’s payment service provider in its efforts to recover the funds, in particular by providing to the payer’s payment service provider all relevant information for the collection of funds.
If the User had sent the funds using an incorrect unique identifier and RightCard is unable to recover the funds RightCard will, if the User requests by way of a signed message in the online portal, provide to the User all available relevant information in order for the User to claim repayment of the funds.

19. SECURITY AND SAFEGUARDING OF FUNDS
The User, in addition to any obligations set out in these terms and conditions, shall comply with the following obligations:

(a) Take all reasonable steps to protect the personalised security credentials relating to their Payment Instrument.

b) In the event of loss, theft, misappropriation or unauthorised use of any of their Payment Instruments, notify RightCard as soon as they become aware of such loss, theft, misappropriation or unauthorised use at the Website, Mobile App or phone. RightCard shall ensure that at all times adequate and free of charge means are available to enable the User to make such notification or to request, where appropriate, the unblocking of a Payment Instrument.

In case that You notify Us by phone, You will be asked to provide Your Card number and other information to verify that You are the authorised cardholder. Following satisfactory completion of the verification process, We will then immediately block any lost or stolen Card to prevent unauthorised use and cancel any damaged Card to prevent further use.

In this regard, RightCard shall provide the Customer, upon request and free of charge, with such means to demonstrate that such notification has been made, for a period of eighteen (18) months after such notification.
The funds shall at no time be confused with the funds of any natural or legal person other than the E-money and Payment Service Users on whose behalf the funds are held and, in the event that they are still in RightCard’s possession and have not yet been delivered to the payee or transferred to another payment service provider by the end of the business day following the day on which the funds were received, they shall be deposited in a separate account with a credit institution in the European Union.
Once the funds have been deposited in a segregated account, the funds shall be protected and the E-Money and Payment Service Users shall, in the event of the insolvency of the Electronic Money t Institution, have an absolute right of segregation over the accounts and assets referred to in the preceding paragraph, with respect to possible claims by other creditors of the E-Money Institution.
Rightcard account stores electronic money in exchange for Rightcard receiving the corresponding funds on your behalf. When electronic money is stored in one of your Rightcard e-money accounts, the funds are not considered the same as a bank holding money for you, because:

● Rightcard will keep the funds received by the Users in a safekeeping account opened with a credit institution in the European Union in the name of Rightcard and for the exclusive use of its Users.
Only the funds of the Users may be deposited in the safekeeping account at the credit institution and at no time will Rightcard deposit amounts from its own funds or positions or those of third parties other than the Payment Service Users on whose behalf the funds are held, or from other business activities of Rightcard.
In this way, Users’ funds are treated independently and separately from Rightcard’s own funds and segregation is ensured at all times.
Likewise, the reconciliation between the User’s account and the safekeeping account at a credit institution is carried out immediately and automatically.
In this way, the balance of the deposit in the safekeeping account will not respond to or be compensable with any obligation, present or future, that RightCard has pending with the credit institution.
The procedure for safeguarding the funds does not entail any additional cost for the User.
Your funds are held in a secure client account, specifically for the purpose of redeeming transactions made via Your Card. In the unlikely event of any insolvency, funds that have reached Our account will be protected against claims by creditors. We will be happy to talk through any questions or concerns You might have. Please contact Our Customer Services team for further information.
This means that in the unlikely event that Rightcard Payment Services Limited became insolvent, Your Card may become unusable and any funds associated with Your Card may be lost. By using Your Card and by entering into this Agreement You are indicating that You understand and accept these risks;
● Rightcard cannot and will not use the funds received, to invest or lend to other persons or entities;
● Electronic Money will not accrue interest;
● Electronic Money is not covered by the Financial Services Compensation Scheme nor by the Deposit Guarantee Fund for Credit Institutions.
● All User funds in £ (POUND) and € (EURO) are in a safeguarding account with an approved European bank.


20. DATA PROTECTION

We collect certain information about the purchaser and the users of the Card in order to operate the Card programme. Rightcard is Responsible of Your personal data.
In accordance with the provisions of current legislation on data protection, the User is informed that the personal data collected through this Contract will be processed by RightCard, in its capacity as data controller and based on the correct execution of a contract, compliance with legal obligations, in the legitimate interest of RightCard, as well as on the explicit consent given, and processed for the purpose of correctly managing the Service provided, sending commercial communications related to the Services provided and complying with the corresponding legal obligations.
The data collected are necessary for the performance of the purposes indicated and are mandatory, so the refusal to provide them may prevent RightCard from performing the requested Service.
The data collected may be transferred to other entities, either in compliance with legal obligations or at the request of the User and with the prior explicit consent of the User, for example, to financial institutions in the destination countries.
Thus, international transfers of data outside the European Economic Area (EEA) to financial institutions in the countries of destination established by the User are envisaged, subject to the User’s explicit consent and compliance with this Agreement.
The User may exercise the rights recognised in the data protection regulations in force: right of access, rectification, deletion and portability of their data, as well as the right to limit or oppose its processing, to withdraw their consent at any time and not to be subject to automated decisions; by sending a request to the following addresses: [postal address] or [email address]. You also have the right to file a complaint with the Spanish Data Protection Agency.
You can access additional information on the processing of personal data at the following link [Link to the Privacy and Data Protection Policy].
When We carry out these checks, Your personal information may be disclosed to credit reference agencies and fraud prevention agencies. These agencies may keep a record of the information and a footprint may be left on Your credit file, although the footprint will denote that the search was not a credit check and was not carried out in support of a credit application. It is an identity check only, and will therefore have no adverse affect on Your credit rating.
Unless You have provided Your explicit permission, Your personal data will not be used for marketing purposes by Us or Our commercial partners (unless You have independently provided Your consent to them directly), nor will it be shared with third parties unconnected with the Card scheme.
We may assign the benefit and burden of this Agreement to another company at any time by giving You 2 months’ notice of this. If We do this, Your rights will not be affected.

21. CHANGES TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be changed or amended by Us at any time for legal, regulatory, commercial or security reasons or to enable the proper delivery of or to improve the delivery of the Card scheme.
If any changes are made, they will be publicised on Our Website 2 months before the changes take effect (unless the law requires or permits Us to make a more immediate change or in the event of a change to the exchange rate). Copies of the most up-to-date version of the Terms and Conditions will be made available on Our Website at all times and will be available on request.
It is Your responsibility to check the Website regularly for changes to Our Terms and Conditions. We will assume that You have done so, and will be entitled to assume You have accepted any changes to these Terms and Conditions if You have not notified Us that You do not accept the change prior to the date the change takes effect and continue to use the Card. If You do not accept a change, You may end this Agreement in accordance with Condition 11.

22. CUSTOMER SERVICES
The Programme Manager has a customer Service team, details address, opening hours, phone and email are set on chapter 2.3.
During opening hours, The Programme Manager will endeavour to resolve all enquiries immediately, but please note that certain types of enquiry can only be resolved during normal business opening hours.
Correspondence received after the close of business on a given day will be deemed to have arrived on the next working day. Calls may be monitored or recorded.
If You are not satisfied with any element of the service You receive, any complaints should also be made to Our Customer Services team using the contact details. Calls may be monitored or recorded. If You are still unhappy You can forward Your complaint to Our management team.
Customer Service will resolve complaints and claims submitted within a maximum of fifteen (15) working days of their submission.
In exceptional situations, if a response cannot be provided within fifteen (15) working days for reasons beyond the control of the Payment Service Provider, the Payment Service Provider will send an interim response, clearly stating the reasons for the delay in responding to the complaint and specifying the period within which the User will receive the final response. In any case, the deadline for receipt of the final reply shall not exceed one (1) month.
In the event that the complaint submitted to the company’s Customer Service Department is rejected or the fifteen working days to resolve it have elapsed without the Customer Service Department having replied, the User may submit his/her complaint to the Bank of Spain’s Department for the Conduct of Entities, at the following address: FCA ( Financial Conducted Authority )Head Office,12 Endeavour Square, London E20 1JN,United kingdon.
Website: https://www.fca.org.uk/.

23. COMMUNICATION
RightCard will communicate with the User, through any telematic or electronic means at its disposal, including its own operational services of Website and Platform, as well as SMS messages or to any of the User’s addresses contained in Rightcard’s records, respecting in any case the security requirements and applicable regulations, and/or necessary for the proper development of contractual relations.
The User may request RightCard, at any time, not to receive communications by telematic or electronic means. In such a case, RightCard may pass on the costs of sending.
However, RightCard may, for operational and/or technical reasons as well as for requirements arising from legal regulations, choose alternative channels (e.g. postal mail), in which case RightCard will not pass on these costs, except in the cases provided for by law.

24. TERM AND DURATION
This contract shall have an indefinite duration. The User may terminate the contract at any time without notice. RightCard shall carry out the order to terminate the framework contract within 24 hours of receipt of the User’s request.
RightCard may also terminate this agreement by giving the User at least two months’ notice.
The termination of this framework contract shall be free of charge for the paid service User unless the contract has been in force for less than six months. In the latter case, any fees or charges applicable for termination of the framework contract shall be appropriate and commensurate with the costs.
Of the fees and charges charged from time to time for payment services, the payment service user shall pay only the proportionate part due until termination of the contract. Where such fees and charges have been paid in advance, they shall be reimbursed in proportion to the duration of the term covered by the fee or charge in question.

25. LANGUAGE
The language of these terms and conditions and of communication during the contractual relationship will be English, without prejudice to other official languages that may be applicable.

26. JURISDICTION
In the event of conflict or discrepancy between the parties in the interpretation or application of the provisions of this contract with Consumer Users, the Courts and Tribunals which, where applicable, shall be competent to hear the matter, shall be those provided for in the applicable legal regulations on jurisdiction, in which, in the case of end consumers, the place of fulfilment of the obligations that may derive from the Services provided or the place of domicile of the Consumer User, at his choice, shall be taken into account, without prejudice to the Consumer User’s right to go to the Consumer Arbitration Board in his area.
For non-consumer Users, the Courts and Tribunals of the United Kingdon shall have jurisdiction.
The User is advised that the European Commission provides an online dispute resolution platform, available at: http://ec.europa.eu/consumers/odr/. Consumers may submit their complaints through the online dispute resolution platform.
27. GENERAL TERMS AND CONDITIONS
In the event of conflict or discrepancy between the parties in the interpretation or application of the provisions of this contract with Consumer Users, the Courts and Tribunals which, where applicable, shall be competent to hear the matter, shall be those provided for in the applicable legal regulations on jurisdiction, in which, in the case of end consumers, the place of fulfilment of the obligations that may derive from the Services provided or the place of domicile of the Consumer User, at his choice, shall be taken into account, without prejudice to the Consumer User’s right to go to the Consumer Arbitration Board in his area.

27. GENERAL TERMS AND CONDITIONS
In the event of conflict or discrepancy between the parties in the interpretation or application of the provisions of this contract with Consumer Users, the Courts and Tribunals which, where applicable, shall be competent to hear the matter, shall be those provided for in the applicable legal regulations on jurisdiction, in which, in the case of end consumers, the place of fulfilment of the obligations that may derive from the Services provided or the place of domicile of the Consumer User, at his choice, shall be taken into account, without prejudice to the Consumer User’s right to go to the Consumer Arbitration Board in his area.

Address:   Unit 104 , Grand Union Studios, 332 Ladbroke Grove
London  - W10 5AD
United Kingdom

 + 44 20 7942 8130

 info@right-card.com

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