Welcome to XRPayNet!
These terms and conditions outline the rules and regulations for the use of XRPayNet's Website, located at https://xrpaynet.com/.
By accessing this website we assume you accept these terms and conditions. Do not continue to use XRPayNet if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing XRPayNet, you agreed to use cookies in agreement with the XRPayNet's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, XRPayNet and/or its licensors own the intellectual property rights for all material on XRPayNet. All intellectual property rights are reserved. You may access this from XRPayNet for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from XRPayNet
- Sell, rent or sub-license material from XRPayNet
- Reproduce, duplicate or copy material from XRPayNet
- Redistribute content from XRPayNet
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Terms And Conditions Template.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. XRPayNet does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of XRPayNet,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, XRPayNet shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
XRPayNet reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant XRPayNet a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of XRPayNet; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to XRPayNet. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of XRPayNet's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Your Privacy
Please read Privacy Policy
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Deals Service Terms & Conditions
Part 1: Introduction & relationships
We’d like to start by describing how our relationship works.
XRPayNet Global Limited includes technology to connect You to merchants and special offers provided by those merchants. You will enter into a direct relationship with the merchant in relation to any purchase you choose to make, and any matter relating to the fulfilment, payment, returns and refunds is a matter between you and the merchant.
Discounts, and special offers which You may access as the result of signing up to XRPayNet Global Limited are determined by the relevant merchants and the amounts are therefore outside of the control of Licensee and its technology partners. The merchant’s decision is final in relation to the amount of discount distributable to You on any transactions.
XRPayNet Global Limited connects you with merchants through our trusted technology and transaction processing partner White Label Loyalty (“WLL”) (https://whitelabel-loyalty.com). WLL provides the technology that enables you to receive your discounts from merchants. Perks Loyalty Ltd (trading as White Label Loyalty) is registered in the United Kingdom at Park House, Park Square West, Leeds, England, LS1 2PW.
By using XRPayNet Global Limited, You are instructing Perks Loyalty Ltd to collect data under legitimate interest and contract; data including but not limited to; merchant’s commission amount, time of transaction, website’ URL, as you use your browser. See their privacy policy in the second section of this document.
This agreement
- Your use of WLL’s service and technology, as part of XRPayNet Global Limited, is governed by these terms, which is a legal agreement between you and WLL.
- By accepting these terms, you are using the WLL service.
- WLL may modify these terms to reflect changes in the law and the Service. WLL will notify you in advance, unless a change is needed immediately for legal reasons.
- WLL processes your personal data to provide the Service to you, in accordance with the WLL Privacy Notice detailed in the second section of this document.
The service
- Once you have signed up, we will give you access to the WLL Platform and the features we offer through it. We refer to this as WLL’s Service.
- WLL may terminate the service if you are not active for 6 months or longer.
- WLL may modify the Service for legal or security reasons, to ensure it functions well, or to enhance its features. Updates will be installed automatically.
Definitions
When we use the term WLL Platform, we mean WLL’s marketplace where brands place offer codes for their products and services, enabling you to surface deals as you shop on your mobile or desktop device.
Part 2: How the Deals Service works
This section describes the key steps of how the Service works, with important notices relating to your use of it.
- Register
- Create an account on XRPayNet Global Limited and activate the WLL browser extension.
- Browse
- As you browse or shop on your device, WLL will surface search results from its database of offers.
- The coupons available to you will be displayed to you by the merchant and are based on Total Transaction Value.
- WLL does not endorse or provide any warranties regarding the products and services advertised by merchants, including as to their quality.
- Select Deals
- Clicking on the offers will connect you directly with the merchant.
- You will enter into a direct relationship with the merchant in relation to any purchase and the associated offer. Fulfilment, payment, returns and refunds is a matter between you and the merchant.
- Buy
- Make your discounted purchase on the merchant’s site.
- The amount of discount is determined by the merchant and therefore outside of WLL’s control. WLL will distribute the amount actually paid by the merchant even if different to what the merchant displayed.
Definitions
- Coupons means discount codes and similar special offers offered to you by merchants on your purchase (excluding the amount you have donated to a charity).
- Total Transaction Value is the total net value (not including applicable taxes such as VAT and sales taxes, delivery fees and any other amounts excluded by the merchant) of any and all sales as per the discount codes the merchant has offered to you via the Service.
- A merchant is a brand or retailer that offers you deals via WLL.
Part 3: Responsibilities
Below describes WLL’s and your responsibilities in relation to the Services. Responsibilities apply equally to each party.
- WLL will provide you with free of charge access to the Services to enable you to accept offers from merchants using the WLL Platform.
- You must follow the acceptable use terms described in the Do’s and Dont’s section.
- WLL will use reasonable efforts to make the WLL Platform available 24 hours a day, seven days a week, except for any periods of unscheduled maintenance.
- WLL will always aim to do any maintenance outside of business hours in the UK (9am-5pm on weekdays, excluding public holidays).
- WLL will keep any personal information received from you confidential and in line with WLL’s obligations under its privacy notice and under relevant law.
- You will keep confidential any information you receive from WLL regarding its business and technology.
Part 4: Do’s and dont’s
Important rules relating to how you use WLL’s technology.
Here are our rules for using the WLL Platform, which are your legal obligations whenever you use it. Think of it as important things you should and shouldn’t do. They’re all common sense. If you break these rules, WLL has the right to terminate your use of the WLL Platform immediately.
Do:
- Use the WLL Platform in an appropriate way, for the purposes for which it is intended.
- Provide complete and accurate information when you register for the Service and keep it up to date and accurate during the time and you use the Services.
- Respect the time and effort WLL has taken to invest in its brand and technology and treat WLL support staff with respect.
Don’t:
- Register to the platform if you are less than 16 years old (or the age of majority in your country of residence if it is higher than 16). By using WLL, you represent that you are at least 16 years old or over the age of majority in your country.
- Use or exploit the WLL name and logo or any other WLL intellectual property other than as permitted. This includes copying, reverse engineering, disassembling or decompiling any part of the Services or the WLL Platform, and distributing or selling any derivative works.
- Circumvent any security features of the Service or use any device or software to bypass any code or interfere with the normal working of the Services.
- Carry out any systematic retrieval of data from the Services to create or compile any collection, compilation, database or directory from the information you access on the WLL Platform. This includes any automated or manual process for monitoring, scraping or extracting data.
Part 5: Other legal things
This section contains statements about our liability to you if things go wrong, and other legal points.
Limitation of liability
WLL’s total liability to you under or in connection with this agreement is limited to one hundred and twenty-five percent (125%) of the total fees paid by you under this agreement. If you have not paid any fees to WLL under this agreement (which will usually be the case), WLL’s total liability to you will be one hundred pounds (£100).
WLL will not be liable to you for any indirect, incidental, special, consequential, punitive or exemplary damages, arising out of any unavailability of or failure in the Services.
Nothing in this agreement excludes or limits WLL’s liability for death, personal injury or fraud, or any other liability which cannot be limited or excluded by applicable law.
Force majeure
WLL will not have any liability for any failure to perform obligations under this agreement if such failure is caused by fire, flood, natural disaster, epidemic or government restrictions associated with epidemics, act of God, strike, civil unrest, riot, insurrection, revolution, war, terrorism, law or governmental regulation or other cause or event which is of a magnitude or a type beyond the reasonable control of WLL.
Our relationship
Your use of the Service does not create any employment, partnership or agency relationship between you and WLL or between you and any merchants.
Our agreement is only with you.
WLL’s agreement with you in relation to the Services is personal to you. It is not intended to confer any rights of enforcement on any third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
Assignment of rights
You cannot assign, subcontract or otherwise transfer any of your rights or obligations under this agreement. WLL does have the right to transfer or subcontract its rights and obligations under this agreement, which may be necessary to deliver the Services to you or to change how we organise our business.
Governing law
This agreement and any dispute or claim arising out of it (including non-contractual claims) is governed by the law of England and Wales.
Disputes
The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of this agreement.
If you have any questions or suggestions about these terms & conditions, please email your Loyalty Program provider’s customer service team.
Mastercard Prepaid Gift Card Conditions of Use (Terms & Conditions)
Your Prepaid Mastercard Gift Card (“Card”) is a Mastercard, distributed by Codego SRL, a company authorized to distribute cards and operates as an approved Program Manager and registered service provider. It is licensed from the National Bank of Belgium to distribute Electronic E-money services. In these terms and conditions, ‘you’ are the Card purchaser or user. By allowing the addition of the Card into your Pays-enabled device or by activating the Card, you agree to be bound by these Terms and Conditions. All users of the Card must be provided these conditions.
Pays Availability
- When we refer to the Pays, we are referring to Apple Pay, Google Pay, Samsung Pay, and further.
- When we refer to a Device, we are referring to a mobile phone or wearable device that allows you to store a Card.
- Pays availability is subject to your respective Card program sponsor and device capability.
- Availability of the Pays is contingent upon the card program you have signed up for.
- Cardholders associated with Pays-enabled programs must ensure their device is Pays capable. This means your device must have the ability to store the Card and actuate a purchase.
Using the Card and Expiration
- The Card is a Mastercard prepaid card that can be used for purchasing goods and services where Mastercard prepaid cards are accepted for electronic transactions (excluding transactions at ATMs or over the counter at financial institutions).
- The Card will expire according to the month and year found on your tokenized card on your device.
- The Card is valid until the expiry date and cannot be used after expiry.
- At expiry, the remaining available balance will be forfeited.
Card Limitations
- The Card cannot be used to make transactions that exceed the available balance. For such a transaction, you need to pay the difference by another method if the merchant agrees.
- The Card is not reloadable.
- The Card is not a credit card and is not linked to a deposit account with us.
- The Card cannot be used to obtain or redeem cash and cannot be used for making direct debit, recurring, or regular installment payments.
- Authorizations may be declined at some merchants (such as gambling merchants or merchants who choose not to accept the Card).
Waivers
- We are not liable in any way when authorization is declined for any particular transaction, except where the authorization has been declined because of an act or omission on our part.
- We are not liable in circumstances where you have other cards stored on your Device for payment and you inadvertently use the Card when using your Device as a payment method. You must ensure that you select the correct card prior to using your Device as a payment method.
- We are not otherwise liable for the use, functionality, or availability of a Device, the availability of merchants who allow the use of the Device and Card as payment, or a reduced level of service caused by the failure of third-party communications and network providers (except to the extent deemed liable under the ePayments Code).
- We are not liable for transactions on your Card if:
- a) your Device security measures are compromised;
- b) you allow others access to, or the means to access, your Device;
- c) you allow others to circumvent the security measures of your Device.
- The Card is like cash and may not be replaced if misused, lost, stolen, or damaged. Any balance will be lost.
- The Card will be void if it is defaced, mutilated, altered, or tampered with in any way.
Fees
- We do not charge any fees for using the Card. However, some merchants may charge you for using the Card, and such fees may be deducted from the balance of your Card at the time of the transaction.
Refunds
- Any refunds on Card transactions are subject to the policy of the specific merchant.
- Refunds may be in the form of a credit to the Card, cash refund, or in-store credit. If the Card expires or is revoked before you have spent any funds resulting from a refund (whether or not the original transaction being refunded was made using the Card), then you will have no access to those funds.
Consumer Rights
- You can cancel the purchase of the Card within fourteen (14) days of the receipt of the Gift Card, without any explanation and without incurring any fees, provided the Card has not been used.
- If you wish to cancel the purchase of the Card, you must contact Customer Support via support.codegotech.com within fourteen (14) Business days.
- We shall not provide any reimbursement from cancellation requests outside the fourteen (14) Business days period.
Disputes, Complaints & General Queries
- If you have a problem with a purchase made with the Card, or a dispute with a merchant, you must deal directly with the merchant involved. If you cannot resolve the dispute with the merchant, you can contact us via support.codegotech.com.
- If you notice any error relating to the Card or have a query about the Card, you should contact us via support.codegotech.com during business hours.
Disclaimers
- You are responsible for all transactions on the Card, except where there has been fraud or negligence by our staff or agents.
- We may restrict or stop the use of the Card if suspicious activities are noticed.
- You are responsible for checking your transaction history, knowing the available balance, and the expiry date for the Card. Balance and transaction history are available within the app on your Device.
- We reserve the right to change these Terms and Conditions at any time without prior notice. Any changes to the Terms and Conditions can be viewed at codegopay.com.
- Information will be disclosed to third parties about the Card or transactions made with the Card whenever allowed by law and also where necessary to operate the Card and process transactions. A full privacy policy can be viewed at business.codegopay.com/#/privacy-policy.
Applicable Law and Dispute Resolution
- These Terms and Conditions are governed by Belgian Law.
- If any stipulation in this agreement is deemed to be unenforceable or unlawful, the other stipulations will remain in full force.
- Third parties that are not a party to this agreement are not authorized to rely on any stipulation thereof.
- This agreement and any differences and claims arising from it or in connection with it (including non-contractual disputes or claims) are subject to Belgian law. You irrevocably agree to submit to the non-exclusive jurisdiction of the Belgian court in respect of any claims or proceedings arising from or in connection with this agreement (including non-contractual disputes or claims).
Business Cards Terms and Conditions
These Terms 1.1. What these Terms cover. These are the terms and conditions which govern the use of the Card, which you have been issued with or will be issued with.
1.2. Why you should read them. Please read these Terms carefully before you use your Card, as they apply to the services provided by us. These Terms tell you who we are, who we work with, how you can use your Card and the steps you need to take to protect yourself from unauthorized use of the Card and how you and we may change or end the contract, what to do if there is a problem and other important information. If there are any terms that you do not understand or do not wish to agree to, or you think that there is a mistake in these Terms, please contact us to discuss.
1.3. Interpreting these Terms. In order to easily understand these Terms, please first refer to clause 3 which, amongst other things, sets out the meaning of capitalized terms used in these Terms.
1.4. How can you agree to these Terms? By using your card, you are demonstrating your agreement to these Terms.
1.5. When will you become a client of ours? You will be bound by these Terms once you have agreed to it as set out above and these Terms shall remain in force until terminated in accordance with its conditions.Information about us and how to contact us
2.1. Who we are. We are Codego SRL – Via Monte Napoleone 8, 20100 Milan Italy, an authorized card Distributor and who operates as an approved Program Manager and registered service provider. All transfers of funds are processed by Codego partner financial institutions using the certified “Codego” technology. All Codego partners are eMoney Institutions and/or banks that authorize the distribution of services using Codego technology. Codego Bulgaria LTD Licensed and Regulated from Ministry of Finance for Financial Services, payment services provider, Virtual Asset management and exchange services with license BB139, Codego Czech sro is authorized to distribute Virtual asset management and fiat services wallet custody. Codego web address is https://codegopay.com/.
2.4. We, Codego, the Card Distributor will be your first point of contact in relation to these Terms and can be contacted by email – https://support.codegotech.com/ for example if you:
2.4.1. wish to cancel the Card or complain about the service you have been provided with pursuant to these Terms;
2.4.2. let us know that the Card has been or potentially has been lost, stolen or misappropriated;
2.4.3. report an unauthorized Transactions relating to your Card.
2.5. The services provided by the Card Distributor are governed by these Terms and conditions which are set out in the following weblink https://codegopay.com.
2.6. We ensure that once we have received the funds they are deposited in a secure account, specifically for the purpose of redeeming Transactions made by the Card. In the event that we become insolvent, funds against which we have already issued E-Money are protected against the claims made by creditors.
2.7. At your request, part or all of the E-Money held on the Card will be redeemed at their par value at any time, except if otherwise established under these Terms or legal acts. You can choose the amount of redeemed E-Money. Where redemption of E-Money is requested by you on or up to one year after the date of the termination of these Terms, the total monetary value of the E-money held by you will be redeemed.
2.8. How to contact us. You can contact us, via https://support.codegotech.com/
2.9. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the telephone number, email address or postal address you provided to us. Any changes to your telephone number, email address or postal address or other personal data we hold about you must be notified by you immediately and in writing.Interpretation
3.1. The definitions set out in this clause apply in these Terms as follows:- “Account” means E-Money account associated with the Card.
- “AISP” means account information service provider.
- “ATM” means automatic teller machine.
- “Business Day” means a day when the clearing banks in Brussels are open for business, excluding Saturdays, Sundays and public holidays in Belgium.
- “Card” means business card, which is only to be used for business expenses, non-transferable card scheme branded card which you have been issued with or will be issued with by us.
- “Card Distributor” means Codego being your first point of contact if you have an issue with the Card or this Agreement, the contact details of which are set out in this clause.
- “Card Distributor’s Website” means Card Distributor’s website, https://codegopay.com/
- “Cardholder” means the person/employee who has received the business card and is authorized to use that card as provided, in accepting these Terms and is acting for a purpose of business expense program.
- “Durable Medium” means an instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
- “E-Money” means electronic money, i.e. electronically stored monetary value as represented by a claim against us.
- “E-statement” means information provided in Durable Medium on the available balance in your Account and the details of any Transactions you have entered into.
- “Electronic Money Institution” means licensed electronic money institution, authorized to issue E-Money and provide payment services.
- “Expiry Date” means the expiry date printed on the Card.
- “PAN” means primary account number, i.e., the Card number on the Card.
- “Partner” means any of our banking providers and any other business partners.
- “PIN” means secret personal identification number associated with a Card which can be used as one method of authorizing Transactions.
- “PISP” means payment initiation service provider.
- “Physical Card” means a “physical” Card, which will have the details of the PAN, the Expiry Date of the Card and the CVV code printed on it.
- “Table” means Fee, Limits and Restrictions Table set out in Summary box attached to these Terms.
- “Terms” means these terms and conditions which govern the use of the Card which you have been issued with or will be issued with.
- “Transactions” means transactions referred to in clause 6.1 of these Terms.
- “Virtual Card” means “virtual” Card, in which case you will not receive a Physical Card but will receive details of the PAN, the Expiry Date and the CVV2 code.
- “Website” means our website, currently https://codegopay.com/
3.2. Sub-clause, clause and paragraph headings shall not affect the interpretation of these Terms and references to sub-clauses, clauses and paragraphs are to the sub-clauses, clauses and paragraphs of these Terms.
3.3. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3.4. Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular.
3.5. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
Commencement and Expiry of These Terms
4.1. You shall be deemed to accept these Terms as set out above. The Card shall remain our property and will be delivered on our behalf by the Card Distributor.
4.2. The Terms, excluding Section 8.3, will terminate on the Expiry Date unless the Card is auto-renewed, in which case you will be issued with a new Card before the existing one expires. In this instance these Terms will remain valid until the existing Card expires or is otherwise as set out in these Terms.Issuance and Activation of the Card
5.1. You may be issued with:
5.1.1. a Physical Card;
5.1.2. a Virtual Card.
5.2. In order to start using the Card, you may be required to activate it in accordance with instructions given to you by the Card Distributor. You must keep your Physical Card and the details of the Virtual Card (as applicable) in a safe place and protect it against unauthorized access or use by third parties.
5.3. If you are issued with a Physical Card:
5.3.1. you must sign the Physical Card as soon as you receive it;
5.3.2. you will also receive a PIN separately via email.
5.4. You should memorize your PIN when you receive it. If you need to keep the written version of the PIN or separately write the PIN down for future reference, you must never keep it with the Card. You must never disclose your PIN to any other person, not even us. If you have not protected your PIN and your Card is used without your knowledge using the correct PIN, this may be classed as negligence for the purposes of Section 9.
5.5. You can manage the Card on your secure area of the Card Distributor’s Website.
5.6. The Card shall remain valid until the Expiry Date. If you require a replacement Card, please contact the Card Distributor using the contact details set out in section 2.10. Please note that an additional fee may be charged for a replacement Card – please see the fees in the dedicated section for more information.
5.7. The Card is an E-money product and as such it is not covered by the Deposit Insurance Scheme of the Kingdom of Belgium or a comparable guarantee scheme in any other country. You may only use the Card for lawful Transactions.Transactions
6.1. Should the relevant card scheme and/or program allow, you may use your Card to enter into the following Transactions:
6.1.1. purchasing goods and/or services from merchants affiliated with the card scheme on your Card;
6.1.2. withdrawing cash from authorized banks worldwide;
6.1.3. receiving cash back from merchants (merchant dependent);
6.1.4. making cash withdrawals from ATMs.
6.2. You can authorize a Transaction by:
6.2.1. allowing a merchant to swipe the magnetic strip of the Card and the corresponding sales slip being signed; or
6.2.2. inserting the Card into a chip & PIN device and the correct PIN being entered;
6.2.3. providing relevant information to the merchant that allows the merchant to process the Transaction, for example, providing the merchant with the PAN, the Expiry Date and the CVV2 in the case of an internet or other non-face-to-face Transaction;
6.2.4. relevant information being provided to the payment initiation service provider that allows the payment initiation service provider to process the Transaction;
6.2.5. tapping the Card against a “contactless” enabled reader and accepted by such reader.
6.3. If any of the methods of authorization set out in section 6.2 are used, we shall be entitled to assume that you have authorized a Transaction unless we were informed that the relevant details of the Card have been lost, stolen or misappropriated prior to the Transaction taking place.
6.4. You acknowledge the correctness of the amount of each Transaction which you authorize.
6.5. Once you have authorized a Transaction, the Transaction cannot be stopped or revoked. You may in certain circumstances be entitled to a refund in accordance with these Terms.
6.6. On receipt of notification of your authorization of a Transaction and the Transaction payment order from the merchant and/or authorized bank, normally we will deduct the value of the Transaction, plus any applicable fees and charges, from the available funds in the Account. We will execute the Transaction by crediting the account of the merchant’s or ATM operator’s or bank’s (as applicable) payment service provider by the end of the next Business Day following the notification. If the notification is received on a non-Business Day or after 5:30 pm on a Business Day, it will be deemed received on the next Business Day.
6.7. We are not liable if, for any reason, the affiliated merchants or authorized banks do not accept the Card, or accept it only partly, nor are we liable in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, you should contact the affiliated merchant and/or authorized bank and/or ATM operator.
6.8. It is your responsibility to ensure that there are available funds in your Account to cover any spend, allowing for any foreign exchange fees and other applicable fees under these Terms. Should the Account at any time and for any reason have a negative balance, you shall repay the excess amount immediately and in full.
6.9. For Card usage conducted in other currencies (other than the currency of the Card), you shall accept the exchange rate used by Mastercard, which can be found on Mastercard’s website. Any changes in exchange rates may be applied immediately and without notice. The exchange rate, where applicable to a Transaction, will be shown in the E-statement. Different exchange rates may apply when reserving or debiting funds. Please be careful when opting to use a merchant’s, bank’s or ATM operator’s exchange rates as they are often less competitive than the card scheme’s exchange rate.
6.10. The maximum amount you may withdraw in cash shall be subject to a daily limit, irrespective of the available funds in the Account. We may charge a fee for withdrawal of cash. Some ATMs may charge an additional fee, which is not included in the Table; however, it will apply on top of the fees set out in the Table. ATM withdrawals may also be subject to foreign exchange rates, maximum withdrawal limits, rules, and regulations of the relevant ATM operator or bank. It is your responsibility to check whether any such additional fees apply, as they cannot be refunded once the cash has been withdrawn.
6.11. We and the Card issuer have the right to review and change the spending limits on the Card at any time. You will be notified of any such changes via the Card Distributor’s Website.Non-execution of a Transaction
7.1. In certain circumstances we may refuse to execute a Transaction that you have authorized. These circumstances include:
7.1.1. if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorized manner;
7.1.2. if there are insufficient funds available to cover the Transaction and all associated fees at the time that we receive notification of the Transaction or if there is an outstanding shortfall on the balance of the Account;
7.1.3. if we have reasonable grounds to believe you are acting in breach of these Terms;
7.1.4. if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing Transactions; or
7.1.5. if we are required to do so by law.
7.2. Unless it would be unlawful for us to do so, where we refuse to complete a Transaction, we will notify you as soon as reasonably practicable that it has been refused and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal. Where the refusal is reasonably justified, we may charge you a fee when we notify you that your payment request has been refused.
7.3. You may also claim a refund for a Transaction that you authorized provided that your authorization did not specify the exact amount when you consented to the Transaction, and the amount of the Transaction exceeded the amount that you could reasonably have expected it to be considering your previous spending pattern on the Card, these Terms and the relevant circumstances.
7.4. Such a refund must be requested from us within 8 weeks of the amount being deducted from the Card. We may require you to provide us with evidence to substantiate your claim. Any refund or justification for refusing a refund will be provided within 10 Business Days of receiving your refund request or, where applicable, within 10 Business Days of receiving any further evidence requested by us. Any refund shall be equal to the amount of the Transaction. Any such refund will not be subject to any fee.Access to Information on Transactions and Available Funds in the Account
8.1. Please access your Account associated with the Card where you can view the available balance and the details of any Transactions you have entered into. You must keep the credentials to obtain access to the secure areas safe and not disclose them to anyone.
8.2. We can, upon request, send you monthly E-statement by email setting out:
8.2.1. a reference enabling you to identify each Transaction, the payer/payee, as well as other details transferred together with the Transaction;
8.2.2. the amount of each Transaction;
8.2.3. the currency in which the Card is debited/credited;
8.2.4. the amount of any Transaction charges including their breakdown, where applicable;
8.2.5. the exchange rate used in the Transaction by us and the amount of the Transaction after the currency conversion, where applicable; and
8.2.6. the Transaction debit/credit value date.
8.2.7. If you would like us to provide you with the E-statement more often than monthly or not by email (or if agreed differently under this section 8, more often than agreed or in a different manner than agreed) then we may charge you a reasonable administration fee to cover our costs of providing the information more often or in a different manner.
8.3. If for any reason you have some available funds left in your Account following the termination of these Terms, you may redeem them by contacting us using the contact details set out in clause 2.10.Loss of the Card / Transaction Refunds
9.1. As soon as you become aware of any loss, theft, misappropriation or unauthorized use of the Card, PIN or other security details, you must immediately notify us using the contact details set out in section 2.10.
9.2. In the event of theft, you should consider reporting the theft to the police.
9.3. If we believe you did not authorize a particular Transaction or that a Transaction was incorrectly carried out, in order to get a refund, you must contact us as soon as you notice the problem using the contact details set out in section 2.10 and in any case no later than 13 months after the amount of the Transaction has been deducted from your Account.
9.4. We will refund any unauthorized Transaction and any associated Transaction fees and charges payable under these Terms subject to the rest of this section 9.
9.5. This refund shall be made as soon as practicable and, in any event, no later than the end of the Business Day following the day on which we become aware of the unauthorized Transaction, unless we have reasonable grounds to suspect fraudulent behavior and notify the appropriate authorities. If we become aware of the unauthorized Transaction on a non-Business Day or after 5:30 pm on a Business Day, we will be deemed to have only become aware of the unauthorized Transaction at the beginning of the next Business Day.
9.6. If we are liable for an incorrectly executed Transaction, we will immediately refund you the amount of the incorrectly executed Transaction together with any associated Transaction fees and charges payable under these Terms. Depending on the circumstances, we may require you to complete a dispute declaration form relating to the incorrectly executed Transaction. We may investigate either before or after any refund has been determined or made. We will let you know as soon as possible the outcome of any such investigation.
9.7. If a Transaction initiated by a merchant (for example, this happens when you use the Card in a shop) has been incorrectly executed and we receive proof from the merchant’s payment service provider that we are liable for the incorrectly executed Transaction, we will refund as appropriate and immediately the Transaction and any associated Transaction fees and charges payable under these Terms, as well as interest accruing to you as a result of nonexecution or improper execution of Transaction, if any.
9.8. We are not liable for any incorrectly executed Transactions if we can show that the payment was actually received by the merchant’s payment service provider, in which case they will be liable.
9.9. If you receive a late payment from another payment service provider (e.g., a refund from a retailer’s bank) via us, we will credit the Account with the relevant amount of any associated fees and charges so that you will not be at a loss.
9.10. We will limit your liability to EUR 50 for any losses incurred in respect of unauthorized Transactions subject to the following:
9.10.1. you will be liable for all losses incurred in respect of an unauthorized Transaction if you have acted fraudulently, or have intentionally or with gross negligence failed to: (a) look after and use the Card in accordance with these Terms; or (b) notify us of the problem in accordance with this section 9;
9.10.2. except where you have acted fraudulently, you will not be liable for any losses: (a) incurred in respect of an unauthorized Transaction which arises after your notification to us of the loss, theft or misappropriation of the Card; (b) arising where you have used the Card in a distance contract, for example, for an online purchase; (c) arising where the loss, theft or misappropriation of the Card was not detectable by you before the unauthorized Transaction took place; (d) where we have failed to provide you with the appropriate means of notification; (e) arising where we are required by law to apply Strong Customer Authentication (as defined in section 9.11) but fail to do so; (f) the losses were caused by an act or omission of any employee, agent or branch of ours or any entity which carries out activities on our behalf.
9.11. Strong Customer Authentication means authentication based on the use of two or more elements that are independent, in that the breach of one element does not compromise the reliability of any other element, and designed in such a way as to protect the confidentiality of the authentication data, with the elements falling into two or more of the following categories: (a) something known only by you (“knowledge”), (b) something held only by you (“possession”); (c) something inherent to you (“inherence”). Strong Customer Authentication is used to make Transactions more secure.
9.12. We are required to provide Strong Customer Authentication when:
9.12.1. you view the available balance on your Account either through the Card Distributor’s Website or the Card Distributor’s App and/or through an AISP;
9.12.2. when you initiate an electronic Transaction, directly or when you initiate a remote electronic Transaction through a PISP; or
9.12.3. when you carry out any action through a remote channel which may imply a risk of payment fraud or other abuses.
9.13. If our investigations show that any disputed Transaction was authorized by you or you may have acted fraudulently or with gross negligence, we may reverse any refund made and you will be liable for all losses we suffer in connection with the Transaction including but not limited to the cost of any investigation carried out by us in relation to the Transaction. We will give you reasonable notice of any reverse refund.Blocking of the Card
We may block the Card, in which case you will not be able to execute any further Transactions, if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorized manner. We will notify you of any such blocking in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful. We will unblock the Card and, where appropriate, issue a new Card, PIN and other security features free of charge as soon as practicable once the reasons for the suspension cease to exist.Data Protection
11.1. You agree that we can use your personal data in accordance with these Terms and our privacy policy, which is set out on https://business.codegopay.com/#/privacy-policy. This privacy policy includes details of the personal information that we collect, how it will be used, and who we pass it to. You can tell us if you do not want to receive any marketing materials from us. For the avoidance of doubt, we will share your personal data with the Card Distributor.
11.2. To comply with applicable know-your-client rules and anti-money laundering regulations, we and/or the Card Distributor and/or each Partner shall be entitled to carry out all necessary verifications of your identity. The above-mentioned Partner and the Card Distributor may use a recognized agency for this verification purpose (details of the agency used will be provided to you on request). Such verifications will not affect your credit score but may leave a ‘soft footprint’ on your credit history.Fees and Spending Limits
12.1. You are liable for paying all fees arising from your use of the Card and subject to all spending limits placed on the Card by us.
12.2. The fees and spending limits on the Card are set out:
12.2.1. in the Table set out in the Summary box;
12.2.2. on the secure area of the Card Distributor’s Website.Complaints
13.1. If you would like to make a complaint relating to these Terms, please contact us using the contact details of the Card Distributor in section 2 so we can resolve the issue. If the Card Distributor does not deal with your complaint adequately, please contact us via https://support.codegotech.com/. We have internal procedures for handling complaints fairly and promptly. We will promptly send you a complaint acknowledgment and a copy of our complaints procedure.
13.2. Please note that you may request a copy of our complaints procedure at any time. Details of our complaints procedure can also be found on our Website. You agree to cooperate with us and provide the necessary information for us to investigate and resolve the complaint as quickly as possible.
13.3. We will respond to your complaint in writing or using another Durable Medium within 15 (fifteen) Business Days after the receipt of complaint. In exceptional cases, due to reasons which are beyond our control, we may send you a preliminary response by indicating reasons for delay and the term by which you will receive our final response. In any case, the term for provision of final response will not exceed 30 (thirty) Business Days after the receipt of complaint. Handling of complaints is free of charge. The claims shall be submitted, handled, and responded to in English, unless use of another language is agreed between you and us.
13.4. Should you not be satisfied with our final response, or should we fail to respond to you within 15 Business Days from receiving the claim, you shall have a right to apply to the Financial Ombudsman Bank of Belgium in three different ways:
(1) by sending them a letter to North Gate Boulevard du Roi Albert II, 8, 1000 Bruxelles, Belgium;
(2) by sending them an email to [email protected];
(3) by filling in an online complaint form on their website https://www.ombudsfin.be/en/individuals/introduce-complaint/.
You may only apply to the Ombudsfin within 1 year after you received from us a response that is not satisfactory, or after the 30 Business Days for responding has passed and we did not respond. Addressing us first is a precondition for you applying to the Ombudsfin. The decision of the Ombudsfin is not mandatory for us nor for you. Even after the dispute was solved by the Ombudsfin, you and we shall have a right to apply to the court.
13.5. In case you are generally not satisfied with us or our services, where there is no claim or disagreement between you and us, you may always approach the Bank of Belgium by addressing a complaint to the National Bank of Belgium at Bd de Berlaimont 3, 1000 Bruxelles, or by sending an email to: [email protected].
13.6. The European Commission’s online dispute resolution (“ODR”) platform can be used to resolve disputes between us and consumers. The ODR platform can be found at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show.Third Party Payment Service Providers
14.1. This section applies when you use the services of an AISP or a PISP.
14.2. We may deny an AISP or PISP access to the Account for reasonably justified and duly evidenced reasons relating to unauthorized or fraudulent access to the Account by that AISP or PISP, including the unauthorized or fraudulent initiation of a Transaction. If we do deny access in this way, we will notify you of the denial and the reason for the denial in advance if possible, or immediately after the denial of access, unless to do so would compromise reasonably justified security reasons or would be unlawful. We will allow AISP or PISP access to the Account once the reasons for denying access no longer apply.Cooling-off Period
15.1. If you purchased the Card online or by some other remote means, for example via telephone, you are entitled to a 14-day “cooling-off” period from the date you received your original Card during which you may cancel the Card. Should you wish to cancel the Card and these Terms during the “cooling-off” period, please return the Card to Codego – Via Leonardo Da Vinci 141, 90145 Palermo, Italy, and unsigned and unused within 14 days of issue and a full refund of any fees paid to date will be made to you. If you have used the Card, you will not be entitled to a refund of any funds that have been spent, including any associated fees, but we will refund any unspent available funds free of charge.Other Important Terms
16.1. The Terms and all communications will be in English, or by agreement between you and us – in another language agreed. We shall communicate in English, or by agreement, in another language agreed between you and us. You may request a copy of these Terms free of charge at any time during the contractual relationship. If we need to contact you in the event of suspected or actual fraud or security threats, we will first send you an SMS or email prompting you to contact our customer services team using the contact information we have been supplied with.
16.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
16.4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.5. Changes to these Terms / Termination. We reserve the right to amend these Terms for any reason by giving you two months’ notice by e-mail. You will be deemed to have accepted the changes if you raise no objection prior to the expiry of the period set out in the notice. If you do not wish to accept the changes, you may terminate these Terms immediately and without charge by providing us with notice at any time prior to the expiry of the notice period. At all other times you may terminate these Terms at any time by giving us one month’s notice in accordance with section 2.10, and we may terminate these Terms by giving you notice in accordance with section 2.11.
16.6. If a court finds part of this contract illegal, the rest will continue in force. Each of the sections and sub-sections of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you do not pay us on time and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
16.8. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by Belgian law, and you can bring legal proceedings in respect of these Terms in the Belgian courts.
Consumer Cardholder Terms and Conditions
These Terms
1.1. What these Terms cover. These are the terms and conditions which govern the use of the Card, which you have been issued with or will be issued with.
1.2. Why you should read them. Please read these Terms carefully before you use your Card, as they apply to the services provided by us. These Terms tell you who we are, who we work with, how you can use your Card, the steps you need to take to protect yourself from unauthorized use of the Card, how you and we may change or end the contract, what to do if there is a problem, and other important information. If there are any terms that you do not understand, do not wish to agree to, or think there is a mistake in these Terms, please contact us to discuss.
1.3. Interpreting these Terms. In order to easily understand these Terms, please first refer to clause 3, which sets out the meaning of capitalized terms used in these Terms.
1.4. How can you agree to these Terms? By using your card, you are demonstrating your agreement to these Terms.
1.5. When will you become a client of ours? You will be bound by these Terms once you have agreed to them as set out above, and these Terms shall remain in force until terminated in accordance with its conditions.Information About Us and How to Contact Us
2.1. Who we are. We are Codego SRL – Via Monte Napoleone 8, 20100 Milan, Italy, an authorized card Distributor operating as an approved Program Manager and registered service provider. All transfers of funds are processed by Codego partner financial institutions using the certified “Codego” technology. All Codego partners are eMoney Institutions and/or banks that authorize the distribution of services using Codego technology. Codego Bulgaria LTD is licensed and regulated by the Ministry of Finance for Financial Services, as a payment services provider, Virtual Asset management, and exchange services with license BB139. Codego Czech s.r.o is authorized to distribute Virtual asset management and fiat services wallet custody. Codego web address is https://codegotech.com/.
2.4. We, Codego, the Card Distributor, will be your first point of contact in relation to these Terms and can be contacted by email at https://support.codegotech.com/ for example, if you:
2.4.1. wish to cancel the Card or complain about the service provided under these Terms;
2.4.2. report that the Card has been lost, stolen, or misappropriated;
2.4.3. report an unauthorized transaction related to your Card.
2.5. The services provided by the Card Distributor are governed by these Terms and conditions, which are available at https://codegotech.com.
2.6. We ensure that once we have received the funds, they are deposited in a secure account, specifically for redeeming Transactions made by the Card. If we become insolvent, funds against which we have already issued E-Money are protected against claims made by creditors.
2.7. At your request, part or all of the E-Money held on the Card will be redeemed at its par value at any time, except as otherwise established under these Terms or legal acts. You can choose the amount of redeemed E-Money. Where redemption of E-Money is requested by you on or up to one year after the termination of these Terms, the total monetary value of the E-Money held by you will be redeemed.
2.8. How to contact us. You can contact us via https://support.codegotech.com/.
2.9. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the telephone number, email address, or postal address you provided. You must notify us immediately and in writing of any changes to your telephone number, email address, postal address, or other personal data we hold about you.Interpretation
3.1. Definitions applicable in these Terms:- “Account” means E-Money account associated with the Card.
- “AISP” means account information service provider.
- “ATM” means automatic teller machine.
- “Business Day” means a day when the clearing banks in Brussels are open for business, excluding Saturdays, Sundays, and public holidays in Belgium.
- “Card” means the personal, non-transferable card scheme branded debit card which you have been issued with or will be issued with by us.
- “Card Distributor” means Codego, your first point of contact if you have an issue with the Card or this Agreement, with contact details set out in this clause.
- “Consumer” means an individual who, in accepting these Terms, is acting for a purpose other than a trade, business, or profession.
- “Durable Medium” means an instrument that enables you to store information addressed personally to you in a way accessible for future reference for an adequate period and allows unchanged reproduction of the information stored.
- “E-Money” means electronic money, i.e., electronically stored monetary value as represented by a claim against us.
- “E-statement” means information provided in Durable Medium on the available balance in your Account and the details of any Transactions you have entered into.
- “Electronic Money Institution” means licensed electronic money institution, authorized to issue E-Money and provide payment services.
- “Expiry Date” means the expiry date printed on the Card.
- “PAN” means primary account number, i.e., the Card number on the Card.
- “Partner” means any of our banking providers and other business partners.
- “PIN” means secret personal identification number associated with a Card, used to authorize Transactions.
- “PISP” means payment initiation service provider.
- “Physical Card” means a “physical” Card, which will have the details of the PAN, the Expiry Date of the Card, and the CVV code printed on it.
- “Table” means the Fee, Limits, and Restrictions Table set out in the Summary box attached to these Terms.
- “Terms” means these terms and conditions governing the use of the Card issued to you or to be issued to you.
- “Transactions” means transactions referred to in clause 6.1 of these Terms.
- “Virtual Card” means “virtual” Card, in which case you will not receive a Physical Card but will receive details of the PAN, the Expiry Date, and the CVV2 code.
- “Website” means our website, currently https://codegotech.com/.
3.2. Sub-clause, clause, and paragraph headings do not affect the interpretation of these Terms. References to sub-clauses, clauses, and paragraphs refer to the sub-clauses, clauses, and paragraphs within these Terms.
3.3. Any words following terms such as including, include, in particular, for example, or any similar expression are illustrative and do not limit the sense of the words, description, definition, phrase, or term preceding those terms.
3.4. Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular.
3.5. A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time. Reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
Commencement and Expiry of These Terms
4.1. You are deemed to accept these Terms as set out above. The Card remains our property and will be delivered on our behalf by the Card Distributor.
4.2. The Terms, excluding Section 8.3, will terminate on the Expiry Date unless the Card is auto-renewed, in which case you will be issued with a new Card before the existing one expires. In this instance, these Terms will remain valid until the existing Card expires or as otherwise set out in these Terms.Issuance and Activation of the Card
5.1. You may be issued with:
5.1.1. a Physical Card;
5.1.2. a Virtual Card.
5.2. To start using the Card, you may be required to activate it in accordance with instructions given by the Card Distributor. You must keep your Physical Card and the details of the Virtual Card (as applicable) in a safe place and protect it against unauthorized access or use by third parties.
5.3. If you are issued with a Physical Card:
5.3.1. you must sign the Physical Card as soon as you receive it;
5.3.2. you will also receive a PIN separately via email.
5.4. You should memorize your PIN when you receive it. If you need to keep a written version of the PIN or separately write it down for future reference, you must never keep it with the Card. You must never disclose your PIN to any other person, not even us. If you have not protected your PIN and your Card is used without your knowledge using the correct PIN, this may be classed as negligence for the purposes of Section 9.
5.5. You can manage the Card on your secure area of the Card Distributor’s Website.
5.6. The Card shall remain valid until the Expiry Date. If you require a replacement Card, please contact the Card Distributor using the contact details set out in section 2.10. An additional fee may be charged for a replacement Card – please see the fees in the dedicated section for more information.
5.7. The Card is an E-money product and, as such, it is not covered by the Deposit Insurance Scheme of the Kingdom of Belgium or a comparable guarantee scheme in any other country. You may only use the Card for lawful Transactions.Transactions
6.1. Should the relevant card scheme and/or program allow, you may use your Card to enter into the following Transactions:
6.1.1. purchasing goods and/or services from merchants affiliated with the card scheme on your Card;
6.1.2. withdrawing cash from authorized banks worldwide;
6.1.3. receiving cash back from merchants (merchant dependent);
6.1.4. making cash withdrawals from ATMs.
6.2. You can authorize a Transaction by:
6.2.1. allowing a merchant to swipe the magnetic strip of the Card and signing the corresponding sales slip; or
6.2.2. inserting the Card into a chip & PIN device and entering the correct PIN;
6.2.3. providing relevant information to the merchant that allows the merchant to process the Transaction, for example, providing the merchant with the PAN, the Expiry Date, and the CVV2 in the case of an internet or other non-face-to-face Transaction;
6.2.4. providing relevant information to the payment initiation service provider that allows the payment initiation service provider to process the Transaction;
6.2.5. tapping the Card against a “contactless” enabled reader accepted by such reader.
6.3. If any of the methods of authorization set out in section 6.2 are used, we shall be entitled to assume that you have authorized a Transaction unless we were informed that the relevant details of the Card have been lost, stolen, or misappropriated prior to the Transaction taking place.
6.4. You acknowledge the correctness of the amount of each Transaction which you authorize.
6.5. Once you have authorized a Transaction, the Transaction cannot be stopped or revoked. You may in certain circumstances be entitled to a refund in accordance with these Terms.
6.6. Upon receipt of notification of your authorization of a Transaction and the Transaction payment order from the merchant and/or authorized bank, we will normally deduct the value of the Transaction, plus any applicable fees and charges, from the available funds in the Account. We will execute the Transaction by crediting the account of the merchant’s or ATM operator’s or bank’s (as applicable) payment service provider by the end of the next Business Day following the notification. If the notification is received on a non-Business Day or after 5:30 pm on a Business Day, it will be deemed received on the next Business Day.
6.7. We are not liable if, for any reason, the affiliated merchants or authorized banks do not accept the Card, or accept it only partly, nor are we liable in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, you should contact the affiliated merchant and/or authorized bank and/or ATM operator.
6.8. It is your responsibility to ensure that there are available funds in your Account to cover any spending, allowing for any foreign exchange fees and other applicable fees under these Terms. Should the Account at any time and for any reason have a negative balance, you shall repay the excess amount immediately and in full.
6.9. For Card usage conducted in currencies other than the currency of the Card, you shall accept the exchange rate used by Mastercard, which can be found on Mastercard’s website. Any changes in exchange rates may be applied immediately and without notice. The exchange rate, where applicable to a Transaction, will be shown in the E-statement. Different exchange rates may apply when reserving or debiting funds. Please be careful when opting to use a merchant’s, bank’s, or ATM operator’s exchange rates as they are often less competitive than the card scheme’s exchange rate.
6.10. The maximum amount you may withdraw in cash shall be subject to a daily limit, irrespective of the available funds in the Account. We may charge a fee for cash withdrawals. Some ATMs may charge an additional fee, which is not included in the Table but will apply on top of the fees set out in the Table. ATM withdrawals may also be subject to foreign exchange rates, maximum withdrawal limits, rules, and regulations of the relevant ATM operator or bank. It is your responsibility to check whether any such additional fees apply, as they cannot be refunded once the cash has been withdrawn.
6.11. We and the Card issuer have the right to review and change the spending limits on the Card at any time. You will be notified of any such changes via the Card Distributor’s Website.Non-execution of a Transaction
7.1. In certain circumstances, we may refuse to execute a Transaction that you have authorized. These circumstances include:
7.1.1. if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorized manner;
7.1.2. if there are insufficient funds available to cover the Transaction and all associated fees at the time that we receive notification of the Transaction or if there is an outstanding shortfall on the balance of the Account;
7.1.3. if we have reasonable grounds to believe you are acting in breach of these Terms;
7.1.4. if there are errors, failures (mechanical or otherwise), or refusals by merchants, payment processors, or payment schemes processing Transactions; or
7.1.5. if we are required to do so by law.
7.2. Unless it would be unlawful for us to do so, where we refuse to complete a Transaction, we will notify you as soon as reasonably practicable that it has been refused and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal. Where the refusal is reasonably justified, we may charge you a fee when we notify you that your payment request has been refused.
7.3. You may also claim a refund for a Transaction that you authorized, provided that your authorization did not specify the exact amount when you consented to the Transaction, and the amount of the Transaction exceeded the amount that you could reasonably have expected it to be considering your previous spending pattern on the Card, these Terms, and the relevant circumstances.
7.4. Such a refund must be requested from us within 8 weeks of the amount being deducted from the Card. We may require you to provide us with evidence to substantiate your claim. Any refund or justification for refusing a refund will be provided within 10 Business Days of receiving your refund request or, where applicable, within 10 Business Days of receiving any further evidence requested by us. Any refund shall be equal to the amount of the Transaction. Any such refund will not be subject to any fee.Access to Information on Transactions and Available Funds in the Account
8.1. Please access your Account associated with the Card, where you can view the available balance and the details of any Transactions you have entered into. You must keep the credentials to obtain access to the secure areas safe and not disclose them to anyone.
8.2. We can, upon request, send you a monthly E-statement by email setting out:
8.2.1. a reference enabling you to identify each Transaction, the payer/payee, as well as other details transferred together with the Transaction;
8.2.2. the amount of each Transaction;
8.2.3. the currency in which the Card is debited/credited;
8.2.4. the amount of any Transaction charges, including their breakdown, where applicable;
8.2.5. the exchange rate used in the Transaction by us and the amount of the Transaction after the currency conversion, where applicable; and
8.2.6. the Transaction debit/credit value date.
8.2.7. If you would like us to provide you with the E-statement more often than monthly or not by email (or if agreed differently under this section 8, more often than agreed or in a different manner than agreed), we may charge you a reasonable administration fee to cover our costs of providing the information more often or in a different manner.
8.3. If for any reason you have some available funds left in your Account following the termination of these Terms, you may redeem them by contacting us using the contact details set out in clause 2.10.- Loss of the Card / Transaction Refunds
9.1. As soon as you become aware of any loss, theft, misappropriation, or unauthorized use of the Card, PIN, or other security details, you must immediately notify us using the contact details set out in section 2.10.
9.2. In the event of theft, you should consider reporting the theft to the police.
9.3. If we believe you did not authorize a particular Transaction or that a Transaction was incorrectly carried out, to get a refund, you must contact us as soon as you notice the problem using the contact details set out in section 2.10 and in any case no later than 13 months after the amount of the Transaction has been deducted from your Account.
9.4. We will refund any unauthorized Transaction and any associated Transaction fees and charges payable under these Terms subject to the rest of this section 9.9.5. This refund shall be made as soon as practicable and, in any event, no later than the end of the Business Day following the day on which we become aware of the unauthorized Transaction, unless we have reasonable grounds to suspect fraudulent behavior and notify the appropriate authorities. If we become aware of the unauthorized Transaction on a non-Business Day or after 5:30 pm on a Business Day, we will be deemed to have only become aware of the unauthorized Transaction at the beginning of the next Business Day.
9.6. If we are liable for an incorrectly executed Transaction, we will immediately refund you the amount of the incorrectly executed Transaction together with any associated Transaction fees and charges payable under these Terms. Depending on the circumstances, we may require you to complete a dispute declaration form relating to the incorrectly executed Transaction. We may investigate either before or after any refund has been determined or made. We will let you know as soon as possible the outcome of any such investigation.
9.7. If a Transaction initiated by a merchant (for example, this happens when you use the Card in a shop) has been incorrectly executed and we receive proof from the merchant’s payment service provider that we are liable for the incorrectly executed Transaction, we will refund, as appropriate and immediately, the Transaction and any associated Transaction fees and charges payable under these Terms, as well as interest accruing to you as a result of non-execution or improper execution of the Transaction, if any.
9.8. We are not liable for any incorrectly executed Transactions if we can show that the payment was actually received by the merchant’s payment service provider, in which case they will be liable.
9.9. If you receive a late payment from another payment service provider (e.g., a refund from a retailer’s bank) via us, we will credit the Account with the relevant amount of any associated fees and charges so that you will not be at a loss.
9.10. We will limit your liability to EUR 50 for any losses incurred in respect of unauthorized Transactions subject to the following:
9.10.1. you will be liable for all losses incurred in respect of an unauthorized Transaction if you have acted fraudulently, or have intentionally or with gross negligence failed to:
(a) look after and use the Card in accordance with these Terms; or
(b) notify us of the problem in accordance with this section 9;
9.10.2. except where you have acted fraudulently, you will not be liable for any losses:
(a) incurred in respect of an unauthorized Transaction which arises after your notification to us of the loss, theft, or misappropriation of the Card;
(b) arising where you have used the Card in a distance contract, for example, for an online purchase;
(c) arising where the loss, theft, or misappropriation of the Card was not detectable by you before the unauthorized Transaction took place;
(d) where we have failed to provide you with the appropriate means of notification;
(e) arising where we are required by law to apply Strong Customer Authentication (as defined in section 9.11) but fail to do so;
(f) where the losses were caused by an act or omission of any employee, agent, or branch of ours, or any entity which carries out activities on our behalf.
9.11. Strong Customer Authentication means authentication based on the use of two or more elements that are independent, in that the breach of one element does not compromise the reliability of any other element, and designed in such a way as to protect the confidentiality of the authentication data, with the elements falling into two or more of the following categories:
(a) something known only by you (“knowledge”);
(b) something held only by you (“possession”);
(c) something inherent to you (“inherence”). Strong Customer Authentication is used to make Transactions more secure.
9.12. We are required to provide Strong Customer Authentication when:
9.12.1. you view the available balance on your Account either through the Card Distributor’s Website or the Card Distributor’s App and/or through an AISP;
9.12.2. when you initiate an electronic Transaction, directly or when you initiate a remote electronic Transaction through a PISP; or
9.12.3. when you carry out any action through a remote channel which may imply a risk of payment fraud or other abuses.
9.13. If our investigations show that any disputed Transaction was authorized by you or you may have acted fraudulently or with gross negligence, we may reverse any refund made, and you will be liable for all losses we suffer in connection with the Transaction including but not limited to the cost of any investigation carried out by us in relation to the Transaction. We will give you reasonable notice of any reverse refund. Blocking of the Card
We may block the Card, in which case you will not be able to execute any further Transactions, if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorized manner. We will notify you of any such blocking in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful. We will unblock the Card and, where appropriate, issue a new Card, PIN, and other security features free of charge as soon as practicable once the reasons for the suspension cease to exist.Data Protection
11.2. To comply with applicable know-your-client rules and anti-money laundering regulations, we and/or the Card Distributor and/or each Partner shall be entitled to carry out all necessary verifications of your identity. The above-mentioned Partner and the Card Distributor may use a recognized agency for this verification purpose (details of the agency used will be provided to you on request). Such verifications will not affect your credit score but may leave a ‘soft footprint’ on your credit history.
11.1. You agree that we can use your personal data in accordance with these Terms and our privacy policy, which is set out on https://business.codegotech.com/#/privacy-policy. This privacy policy includes details of the personal information that we collect, how it will be used, and who we pass it to. You can tell us if you do not want to receive any marketing materials from us. For the avoidance of doubt, we will share your personal data with the Card Distributor.- Fees and Spending Limits
12.1. You are liable for paying all fees arising from your use of the Card and subject to all spending limits placed on the Card by us.
12.2. The fees and spending limits on the Card are set out:
12.2.1. in the Table set out in the Summary box;
12.2.2. on the secure area of the Card Distributor’s Website. - Complaints
13.1. If you would like to make a complaint relating to these Terms, please contact us using the contact details of the Card Distributor in section 2 so we can resolve the issue. If the Card Distributor does not deal with your complaint adequately, please contact us via https://support.codegotech.com/. We have internal procedures for handling complaints fairly and promptly. We will promptly send you a complaint acknowledgment and a copy of our complaints procedure.
13.2. You may request a copy of our complaints procedure at any time. Details of our complaints procedure can also be found on our Website. You agree to cooperate with us and provide the necessary information for us to investigate and resolve the complaint as quickly as possible.
13.3. We will respond to your complaint in writing or using another Durable Medium within 15 (fifteen) Business Days after receipt of the complaint. In exceptional cases, due to reasons beyond our control, we may send you a preliminary response by indicating the reasons for the delay and the term by which you will receive our final response. In any case, the term for provision of a final response will not exceed 30 (thirty) Business Days after receipt of the complaint. Handling of complaints is free of charge. Claims shall be submitted, handled, and responded to in English, unless another language is agreed upon between you and us.
13.4. Should you not be satisfied with our final response, or should we fail to respond to you within 15 Business Days of receiving the claim, you have the right to apply to the Financial Ombudsman Bank of Belgium in three different ways:
(1) by sending them a letter to North Gate Boulevard du Roi Albert II, 8, 1000 Bruxelles, Belgium;
(2) by sending an email to [email protected];
(3) by filling out an online complaint form on their website at https://www.ombudsfin.be/en/individuals/introduce-complaint/.
You may only apply to the Ombudsfin within 1 year after receiving a response from us that is not satisfactory, or after the 30 Business Days for responding has passed and we did not respond. Addressing us first is a precondition for applying to the Ombudsfin. The decision of the Ombudsfin is not mandatory for us nor for you. Even after the dispute is resolved by the Ombudsfin, you and we shall have the right to apply to the court.
13.5. If you are generally dissatisfied with us or our services, where there is no claim or disagreement between you and us, you may contact the Bank of Belgium by addressing a complaint to the National Bank of Belgium at Bd de Berlaimont 3, 1000 Bruxelles, or by sending an email to [email protected].
13.6. The European Commission’s online dispute resolution (“ODR”) platform can be used to resolve disputes between us and consumers. The ODR platform can be found at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show. - Third Party Payment Service Providers
14.1. This section applies when you use the services of an AISP or a PISP.
14.2. We may deny an AISP or PISP access to the Account for reasonably justified and duly evidenced reasons relating to unauthorized or fraudulent access to the Account by that AISP or PISP, including the unauthorized or fraudulent initiation of a Transaction. If we deny access in this way, we will notify you of the denial and the reason in advance if possible, or immediately after the denial, unless doing so would compromise security or would be unlawful. We will allow AISP or PISP access to the Account once the reasons for denying access no longer apply. - Cooling-off Period
15.1. If you purchased the Card online or by another remote means, such as by telephone, you are entitled to a 14-day “cooling-off” period from the date you received your original Card, during which you may cancel the Card. Should you wish to cancel the Card and these Terms during the “cooling-off” period, please return the Card to Codego – Via Leonardo Da Vinci 141, 90145 Palermo, Italy, unsigned and unused, within 14 days of issue. A full refund of any fees paid to date will be made to you. If you have used the Card, you will not be entitled to a refund of any funds that have been spent, including any associated fees, but we will refund any unspent available funds free of charge. - Other Important Terms
16.1. These Terms and all communications will be in English, or by agreement between you and us – in another agreed language. We shall communicate in English, or by agreement, in another agreed language. You may request a copy of these Terms free of charge at any time during the contractual relationship. If we need to contact you in the event of suspected or actual fraud or security threats, we will first send you an SMS or email prompting you to contact our customer services team using the contact information we have on record.
16.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organization. We will notify you in writing if this happens and will ensure that the transfer does not affect your rights under the contract.
16.3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
16.4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.5. Changes to these Terms / Termination. We reserve the right to amend these Terms for any reason by giving you two months’ notice by e-mail. You will be deemed to have accepted the changes if you raise no objection before the expiry of the notice period. If you do not wish to accept the changes, you may terminate these Terms immediately and without charge by providing us with notice at any time before the expiry of the notice period. Otherwise, you may terminate these Terms at any time by giving us one month’s notice in accordance with section 2.10, and we may terminate these Terms by giving you notice in accordance with section 2.11.
16.6. If a court finds part of this contract illegal, the rest will continue in force. Each section and sub-section of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of a breach of this contract, that will not mean you do not have to do those things, nor will it prevent us from taking steps against you at a later date. For example, if you do not pay us on time and we do not chase you, but we continue to provide the services, we can still require you to make the payment at a later date.
16.8. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by Belgian law, and you can bring legal proceedings in respect of these Terms in the Belgian courts.