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Ukash NEO Home | Terms & Conditions
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Terms and conditions
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1. Definitions
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- References to clauses and schedules are to the clauses and schedules to this agreement.
Headings are for convenience only and shall be ignored in interpreting this agreement.
Reference to a currency (e.g. Euros € or Sterling (£)) shall mean that amount or
the local currency equivalent.
- If any provision of this Agreement shall be determined by any court or competent
authority to be illegal, invalid or unenforceable, it shall be restated so as to
give effect to the intention of the clause or severable from this Agreement, and
shall not affect any other provision of this Agreement.
- In this Agreement the following words have the following meanings:
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“Account”
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The pre-paid electronic money account associated with the card
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“Agreement”
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This agreement of open ended duration between the cardholder and us incorporating
these terms and conditions, as amended from time to time.
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“Available Balance”
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At any given time, the value of unspent (e-money) funds available from the Card
to pay for Transactions and fees and charges payable under this Agreement.
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“Card”
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A Virtual Card or any card provided by us to you as a replacement for a Card.
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“Fee”
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any payable by the Cardholder, as referenced in Fees and Charges Section
14.3
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“Issuer”
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Transact Network Limited of Victoria House, Suite 11, 26 Main Street, Gibraltar
including its successors and assigns.
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“Gifted”
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Any person who receives the Card from the person who purchased the Card
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“KYC”
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Know Your Customer, requirements for knowledge of and information on customers of
regulated entities or for regulated activities.
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“MasterCard® International Incorporated”
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MasterCard® International Incorporated which head office is at 2000 Purchase Street,
Purchase, New York 10577 USA.
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“Merchant”
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A retailer or any other person that accepts cards which display the MasterCard acceptance
mark.
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“Physical Card”
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A physical pre-paid electronic payment card which may be used for both Card Not
Present (CNP) purchases and at Point of Sale (POS).
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“Service Provider”
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Acting on behalf of the Issuer. Ukash.
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“Transaction”
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A payment or a purchase of goods or services made with your Card.
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“Ukash”
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Trading name of Pebblestone Holdings Ltd (Company No. 103036)which is incorporated
in Gibraltar and is wholly owned by Smart Voucher Limited. Smart Voucher Ltd is
authorised and regulated by the Financial Services Authority in the United Kingdom
as an electronic money institution. This regulation has been passported to all other
EEA countries in which Smart Voucher Ltd operates, with approval from the relevant
local regulator. Smart Voucher Ltd (trading as Ukash) FSA register number: 447811,
Company Number 4202050 registered in England & Wales at 5-7 Tanner Street, London,
SE1 3LE, UK.
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“User”
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The person authorized to use a Card, namely either ( ) the Purchaser or (ii) the
Giftee. The Purchaser is required to be a minimum of 18 years of age. The Giftee
is required to be 13+ years of age. The User is bound by this agreement.
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“Virtual Card”
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A non-physical pre-paid electronic payment card, the use of which is limited to
on-line (Internet) purchases, the phone or mail order.
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“we”, “us” or “our”
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The Issuer and the Service Provider acting on behalf of the Issuer.
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“you” or “your”
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The Cardholder and/or the Giftee utilising a card in accordance with these Terms
and Conditions.
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2. Your Card
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- Your Card is a prepaid electronic money (e-money) payment card. It is not a credit
card.
- Your Card is issued by the Issuer (Transact Network Limited), a company incorporated
in Gibraltar and licensed by the Gibraltar Financial Services Commission under the
Gibraltar Financial Services Banking Act as an E-Money institution, and is operated
by the Service Provider (Ukash) on the Issuer’s behalf.
- Maximum card value available is €200/£250.
- You cannot load additional sums onto your Card after you have purchased your Card
You can, however, purchase more Cards. Subject to a daily limit of 5 cards with
a total value of €1000/£800.
- The Available Funds on your Card will not earn any interest.
- As your Card is a prepaid card and not a credit card, you must ensure that you have
sufficient Available Funds on your Card to pay for each purchase or payment that
you make using your Card (including value added tax and any other taxes, charges
and fees that are applicable). If for any reason a Transaction is processed with
your Card where the Transaction amount exceeds the Available Funds on your Card,
you must repay us the amount of such excess immediately and we shall be entitled
to stop any existing or subsequent Transaction from proceeding.
- Your rights and obligations in relation to your Card are as set out in this Agreement.
This Agreement does not give you any rights against MasterCard® International, its
affiliates or any third party. This Agreement also contains important warnings and
information that may affect your rights and your ability to recover your money.
You shall be deemed to have accepted and fully understood the terms and conditions
set out in this Agreement and you agree to comply with these by your use of the
Card and/or by indicating your acceptance at
www.ukashNEO.com.
- The Card remains the property of the Issuer at all times.
- Only persons over 18 years of age are entitled to purchase the Card. A card may
be gifted to an individual aged 13+. Some Merchants may not accept your Card. It
is your responsibility to check the policy with each Merchant. We accept no liability
if a Merchant refuses to accept your Card.
- A minimum transaction value of €5/£5 or equivalent applies to all purchases. This
is being introduced to solely prevent abuse of the card and can consequently be
amended by Ukash as it deems appropriate inthe circumstances.
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3. Use of Your Card
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- You can use your Card up to the amount of the Available Funds to enter into Transactions
at Merchants displaying the MasterCard acceptance mark, over the internet, by phone
or mail order. If the Available Funds are insufficient to pay for the Transaction,
some Merchants will not permit you to combine use of the Card with other payment
methods, e.g. cheque, cash or another payment card.
- You will be unable to use your Card with some Merchants who provide services which
include the remittance of money or other services involving cash.
- The value of each Transaction and the amount of any fees or charges payable by you
under this Agreement will be deducted from the Available Funds. Where our fees contain
an actual or reference exchange rates applicable to any transactions and the relevant
date for determining the reference exchange rate we reserve the right to charge
any changed fees immediately and without notice in accordance with the applicable
rates at the relevant reference dates.
- In order to protect you and us from fraud, Merchants will seek authorisation before
processing any Transaction. If a Merchant is unable to get an online authorisation
from us, they may not be able to authorise your Transaction. A merchant may chose
to verify address details provided against the registered address for the card.
- We may refuse to authorise any use of your Card which would or could breach these
Customer Terms & Conditions or if we have reasonable grounds for suspecting
that you or a third party have committed or are planning to commit fraud or any
other offence with the use of, or in connection with, your Card.
- A gifted Card is subject to the same Customer Terms & Conditions (which will
then bind both you and the person to whom you have gifted the Card) and subject
to the Card then being used only by that person.
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4. Special use of your Card
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- In some circumstances Merchants may require verification that your Available Funds
will cover the Transaction amount and initiate a hold on your Available Funds in
that amount.
- It is not recommended that this Card be used for placing deposits on at hotels or
car rental agencies.
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5. Card Management
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- You may wish to make a record of your Card number immediately upon receipt, in case
you subsequently lose it. If you so you must ensure you keep such records safe.
- The Card number and your date of birth will provide access to the following details:
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a.
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Checking the amount of Available Funds.
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b.
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Checking Transaction details.
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c.
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Closing your card and transferring remaining funds.
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d.
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Reporting your Card as lost or stolen.
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- Up to 15 days prior to the expire of your card the Cardholder will have the option
to close your card and transfer remaining funds (in excess of fees) to a Ukash Voucher.
The fees applicable as set out in Section 14.3 and as displayed
under Fees on the Website.
- Should your card expire whilst funds remain all funds in excess of the fee as set
out in Section 14.3 will automatically generate a Ukash voucher
which will be sent your (the Cardholder) email address.
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6. Registration
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- Merchants may seek to undertaken address verification. All details need to be correctly
entered both in the case of the Purchaser and for a Giftee.
- We reserve the right at any time to satisfy ourselves as to your identity and home
address (for example, by requesting relevant original documents) including for the
purposes of preventing fraud and/or money laundering. In addition, at the time of
your application or at any time in the future, in connection with your Account,
you authorize us to perform electronic Identity verification checks, and Internet
Protocol checks directly or using relevant third parties if required.
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7. Safeguarding your Card
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If you believe that someone else knows your Card number and secure details, you
should report the card as lost or stolen immediately. Log-in at www.ukash.mycarddata.com or
telephone 0080043279289
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- You will be liable for any loss that directly results from any undue delay in notifying
us of your relevant contact information or if you have intentionally failed to keep
the Card information safe or you have acted fraudulently, with undue delay or with
gross negligence. In all other circumstances your maximum liability following notification
shall be as set out below at clause 13.1.
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8. Keeping you Informed
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- We will not send you a statement. However, you can check your Available Funds and
Transaction history at any time by visiting our website at www.ukash.mycarddata.com and entering your Card number
and Date of Birth.
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9. Plastic Card Application
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- Cardholders may request a plastic card at anytime. Requests should be made in writing
to Transact Network Limited of Victoria House, Suite 11, 26 Main Street, Gibraltar
along with full personal details and a fee of £25.00/€25.00 for the card and £25.00/€25.00
for the cost of delivery. Additional identity verification checks may be required
before we can determine whether to issue you with a physical card.
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10. Cancellation of your Card
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- 1. If you wish to cancel your Card at any time, you may do so be choosing the Balance
Redemption option at www.ukashNEO.com
funds in excess of the fee (as described in section 14.3) will
be returned to you in the form of a Ukash Voucher. If you wish to exchange your
Ukash Voucher for cash you may do so in accordance with the Ukash Terms & Conditions
as set out at
http://www.ukash.com/uk/en/terms-and-conditions.aspx
- If, following reimbursement of your Available Funds, any further Transactions are
found to have been made, or charges or fees incurred using your Card, we will notify
you of the amount and you must immediately repay to us such amount on demand.
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11. Expiry of your Card
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- The expiry date for your card will be delivered via SMS along with the Security
Code. Your Card will expire on the earlier of the expiry date and the date on which
the Available Funds on your Card reach £0.00. If your Card expires before your Available
Funds are exhausted, you can choose to close the card and transfer funds to an Ukash
Voucher (a fee will be charged in accordance with the fees set out in section 14.3).
- Should you card expire with funds available all funds in excess of the Expired Transfer
Fee (As set out in section 14.3) will be transferred to a Ukash
Voucher which you will receive at your email address currently registered at www.ukashNEO.com.
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12. Termination or Suspension of Your Card
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- We may terminate or suspend, for such period as may reasonably be required, the
use of your Card without prior notice:
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i.
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In the event of any fault or failure in the data information processing system.
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ii.
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If we reasonably believe that you have used or are likely to use your Card, or allow
your card to be used, in breach of this agreement or to commit an offence or that
any Available Balance on your Card may be at risk of fraud or misuse.
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iii.
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If we suspect that you have provided false or misleading information or have acted
fraudulently or with gross negligence.
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iv.
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Where we have reasonable grounds for doing so; or
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v.
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By order or recommendation of the police or any relevant governmental or regulatory
authority
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- If we terminate the use of your Card, we will refund the Available Balance, subject
to satisfactory proof of identity and applicable checks, unless we are required
to withhold the Available Balance by law or regulation or at the request of the
police, a court or any regulatory authority.
- If any Transactions are found to have been made or charges or fees incurred using
your Card after any action has been taken by us under clause 12.1, the Cardholder
must immediately repay such amounts to us.
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13. Loss or Theft of your Card
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- You are responsible for protecting your Card as if it were cash.
- You should treat your Card like cash in your wallet and look after it accordingly.
If you lose your Card details or they are stolen, you may not be able to recover
the funds (e-money) on your Account, in just the same way as you would usually not
be able to recover cash which you lose or which is stolen from you.
- If your Card is lost or stolen or if you think someone is using your Card without
your permission:
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i.
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You must contact us immediately and in any event no later than 13 months from the
date of the Transaction either by telephone 0080043279289 or by logging into your
Card Account at www.ukash.mycarddata.com
and you must provide us with your Card number and Date of birth and/or some other
identifying details acceptable to us so that we can be sure we are speaking to you;
and
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ii.
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We will then provide a replacement Card with an amount equivalent to your last Available
Balance
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- The Cardholder will be liable for the first £GBP 50, €Euro 65 of losses arising
from any Transactions that take place prior to your notifying us of such loss or
theft of the Card. Prior to us successfully block your Card, any such Transactions
will reduce the Available Balance. However, once we have been notified of the loss
or theft, we will take action to suspend the Card as soon as we are able to. Once
we have cancelled the Card no further Transactions will be processed. We can only
take steps to prevent unauthorized use of the Card if you can provide us with the
Card Number and sufficient details to identify yourself. You will not be held liable
for any losses after the point you have notified us unless we reasonably determine
that you have acted with undue delay, fraudulently or with gross negligence – in
which case you will be held liable for all losses.
- If we decide to refund any Available Balance to the Cardholder, this will be paid
in accordance with clause 10.1. We will charge you a Balance Transfer Fee as set
out in section 14.3
- A Replacement Card number will be emailed to the Cardholder email address and security
details sent via SMS to the original Mobile number.
- You agree to help us, our agents, regulatory authorities and the police if your
Card is lost, stolen or if we suspect that the Card is being misused.
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14. Fees and Charges
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- Your account will incur fees and charges as set out below for which you shall be
responsible. These will vary from time to time in accordance with clause 18.
- We will deduct any value added tax, and other taxes, charges and fees due by you
to us from the Available Balance. If there is no Available Balance, or value added
tax and other taxes, charges and fees incurred exceed the Available Balance, you
must pay us the excess immediately.
- Fees:
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Fee
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£
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€
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Issuing Fee
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Included in the Purchase Price
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Included in the Purchase Price
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Purchase Transaction
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0
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0
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Internet Balance Enquiry
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0
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0
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Monthly Maintenance Fee
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0
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0
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Foreign Exchange Charge
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2.75%
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2.75%
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Balance Transfer – pre-expiry
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2.50
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2.50
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Balance Transfer – post-expiry
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10.00
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10.00
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Chargeback Processing Fee
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25.00
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25.00
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- If you make a transaction in a currency other that the issue currency of your card
(£ or €), the amount deducted from your Card will be converted to the original currency
(£ or €) on the day we receive details of that Foreign Currency Transaction. We
will use a rate set by MasterCard®. This rate will include a Foreign Exchange Charge
premium as detailed above. Exchange rates can fluctuate and they may change between
the time of a Transaction is made and the time it is deducted from your Available
Balance.
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15. Our liability
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- Subject to clauses 15.2:
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i.
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Neither party shall be liable to the other for indirect or consequential loss or
damage (including without limitation loss of business, profits or revenues), incurred
in connection with this Agreement, whether arising in contract, tort (including
negligence), breach of statutory duty or otherwise:
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ii.
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We shall not be liable:
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a.
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for any loss, costs or damages incurred by you as a result theft or misuse of your
Card or Account where you have acted fraudulently, with gross negligence or your
acting with undue delay in relation to unauthorised Transactions (whether before
notifying us of such Transactions or thereafter).
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b.
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If you are unable to use your Card as set out, or for any reason stated in clauses
3.4 and 3.5 or by reason of the loss or theft of or damage to the Card or any inability
to use the Card on grounds beyond our reasonable control.
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c.
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For any fault or failure beyond our reasonable control relating to the use of your
Card, including but not limited to, a lack of Available Balance or fault in or failure
of data processing systems.
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d.
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If a Merchant refuses to accept a Transaction or fails to cancel an authorization
or pre-authorization.
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e.
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For the goods or services that you as a Cardholder purchase with your Card
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- To the fullest extent permitted by relevant law, our total liability under or arising
from this Agreement shall be limited as follows:
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i.
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Where your Card is faulty due to our default, our liability shall be limited to
replacement of the card or, at our choice, repayment to you of the Available Balance.
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ii.
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Where sums are incorrectly deducted from your Available Balance due to our default,
our liability shall be limited to payment to you of an equivalent amount; and
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iii.
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In all other circumstances of our default, our liability shall be limited to repayment
of the amount of the Available Balance
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- Neither Part shall be liable for, or be considered in breach of this Agreement on
account of, any delay or failure to perform as required by this Agreement as a result
of any causes or conditions which are beyond such Party’s reasonable control and
which such Party is unable to overcome by the exercise of reasonable diligence.
- In the unlikely event that the Issuer becomes insolvent, you’re Card and the Available
Balance may lose their value and become unusable, and accordingly you may lose any
e-money available on your Card.
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16. Disputes
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- If you (the Cardholder) believes that a deduction has been made from your Available
Balance by mistake or wishes to make a compliant you should contact us immediately
at:ukashNEOcs@ukash.com
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i.
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In relation to a Transaction or deduction you must contact us within 30 days and
confirm the disputed Transaction by writing, setting out full details of the Transaction
and your reason for disputing it. We will charge you a Chargeback Processing fee
as reference in fees section 14.3 for investigating any such
dispute.
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ii.
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In relation to complaints, they will be dealt with in accordance with our Customer
Service Procedures, a copy of which will be sent to you on request. If we are unable
to resolve any complaint, you may contact the Department of Consumer Affairs of
Gibraltar, 10 Governors Lane, Gibraltar.
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- We reserve the right not to refund sums to you if we reasonably believe that you
have not acted in accordance with this Agreement.
- You must provide us copies of all receipts and information relevant to your claim.
- If our investigation shows that we have incorrectly deducted money from your Available
Balance, we shall refund the amount to you or your Card. Until our investigation
is complete the disputed amount will be unavailable to spend. If we subsequently
establish that the refunded amount had been correctly deducted, we may deduct if
from your Available Balance. If you do not have sufficient Available Balance, you
must repay us the amount immediately on demand.
- In relation to any dispute between the Cardholder and a Merchant, provided you are
able to satisfy us that you have already made all efforts to resolve the dispute
with the relevant merchant, we will attempt to assist you as far as reasonably practicable.
We will charge you a Chargeback Processing fee as reference in 14.3
for any such assistance we give you with any such dispute. If there is an un-resolvable
dispute with a Merchant in circumstances where the Card has been used for a Transaction,
you will be liable for the Transaction and will have to resolve this directly with
the relevant Merchant.
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17. Use of your Information
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- We will process personal data given to us in connection with your Card in order
to provide you with services relating to the Card.
- We may check your personal data with other organisations, and obtain further information
about you in order to verify your identity and comply with applicable money laundering
regulations. A record of our enquiries may be left on your file.
- We may provide personal data supplied by you to third parties (including data processors)
for the purpose of performing our obligations and exercising our rights under this
Agreement, including third parties located outside the European Union (in countries
where different data protection standards may apply). We may also disclose your
personal data as required by law or any competent authority.
- We may also use personal data supplied by you in connection with this Agreement
to provide you with information about our goods and services.
- By using your Card and agreeing to these Terms and Conditions, you acknowledge and
agree to our processing of your personal data as set out above.
- You have the right to receive certain information concerning the personal data we
hold about you (on payment of a fee), and to rectify such data where it is inaccurate
or incomplete.
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18. Changes to the Terms & Conditions
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- In relation to any dispute between the Cardholder and a Merchant, provided you are
able to satisfy us that you have already made all efforts to resolve the dispute
with the relevant merchant, we will attempt to assist you as far as we are able
to. We may update or amend these Customer Terms & Conditions (including our
fees as set out in section 14.3) by posting details of such
changes on our website www.ukashNEO.com
Such changes will not take effect until 60 days after the posting of the same on
our website. You should regularly check the website to inform yourself of any such
changes. By continuing to use your Card after such changes have taken effect, you
are indicating your acceptance to be bound by the updated or amended terms and conditions.
If you do not wish to be bound by them, you should stop using your Card immediately
and you may cancel your Card in accordance with our cancellation policy (see clause
10) in such circumstance you will not be charged.
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19. MiscellaNEOus
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- We may assign our rights, interest or obligations under this Agreement to any third
party including by way of a merger, consolidation or the acquisition of all or substantially
all of our business and assets relating to the Agreement. This will not adversely
affect your rights or obligations under this Agreement.
- We may transfer your Available Balance to a new Card and Account provided by another
Issuer at any time upon 30 day’s notice. Unless you advice us with the 30 day period
that you do not wish to transfer your Available Balance you agree that we can transfer
the Available Balance on your Card.
- We do not intend that any of the terms of this Agreement will be enforceable by
any person nor a party to it, except that MasterCard® and its affiliates may enforce
any right granted to it under this Agreement.
- Any waiver or concession we may allow you will not affect our strict rights and
your obligations under this Agreement.
- The Cardholder agrees that they will not use the Card in any illegal manner and
agree to indemnify us against any claim or proceeding brought about by your illegal
use of the Card.
- This Agreement and the documents referred to in it, constitute the entire agreement
and understanding of the parties and supersede any previous agreement between the
parties relating to the subject matter of this Agreement. You may request a copy
of this Agreement at any time by accessing it at www.ukashNEO.com or contacting the customer support using
the information available at that address.
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20. Regulation
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- The Gibraltar Deposit Guarantee Scheme does not cover e-money issued by us or claims
made in connection with our issuing e-money. There is no scheme to compensate holders
of e-money issued by us in cases where we are unable to satisfy claims against us
in relation to e-money.
- Ukash NEO Prepaid MasterCard® is issued by Transact Network Limited pursuant to
license from MasterCard® International. Transact Network Limited is regulated and
authorised by the Financial Services Commission, Gibraltar.
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| Card Value Range | Cost To Purchase |
20.00-20.00
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2.95
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20.01-50.00
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3.95
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50.01-100.00
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5.95
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100.01-150.00
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8.95
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150.01-200.00
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9.95
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| Card Value Range | Cost To Purchase |
20.00-20.00
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2.95
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20.01-50.00
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4.95
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50.01-100.00
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7.95
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100.01-150.00
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8.95
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150.01-200.00
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9.95
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200.01-250.00
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12.95
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Up to Max: 200.00
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Up to Max: 250.00
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