Terms and Conditions

1. About these Terms

1. Pesapeer Payments Limited is a company incorporated and licensed under the laws of England and Wales (company number 11869717) with its registered office located at Milton Hall Ely Road, Milton, Cambridge, England, CB24 6WZ.
2. These Terms of Use ("Terms") represent an agreement between you, the person who uses or accesses these services (“you” or “your”) and Pesapeer Payments Limited ("Pesapeer", “we”, “us” or “our”).  They contain the terms and conditions governing your use of and access to our website at www.pesa.co and all affiliated websites owned and operated by us (collectively, the "Website"), our App (defined below) and our Remittance, Account and/or our Card services (together referred to as the "Services").
3. Please read these Terms carefully. By using or accessing the Services, you represent that you have read and understand these Terms, and you agree to be bound by them. If you do not agree to any provision in these Terms, do not use or access the Services.
4. Definitions
   "Account" means the electronic money account held by you with us, and to which your Card(s) is linked;
   “AML/CFT/CPF” means anti-money laundering, combatting the financing of terrorism and countering proliferation financing of weapons of mass destruction; 
   "App" means Pesapeer’s mobile application which you can download and use to access our Services;
   "Authentication" means entering a code, password and/or completing biometric authentication such as a fingerprint or facial recognition to confirm your identity; 
   "Business Day" means any day (other than a Saturday or Sunday) on which banks are open in London for normal banking business;
   "Card" means the Mastercard® debit card issued to you and linked to your Account;
   "Card and Account ID Information" means any information relating to your Card and/or Account including your Card number, expiry date and CVV code, your PIN, information you use to log in to your Account or the App, and any credentials and information specific to your Account and/or Card;
   "Customer Services" means our customer support team who can be contacted via the channels referred to in section 2 below;
   "Fees Table" means the table of fees and charges applicable to the Card and/or Account as set out in the App and on the Website;
   "Mastercard" means Mastercard International Global HQ or its successors or assigns;
   "Merchant"   means   a   retailer   or   any   other   person   or   firm   or   company providing   goods and /or services   that   accepts cards   displaying   the Mastercard® acceptance symbol in payment for such goods and /or services;
   "Payment Account" means any payment account (such as a bank account, electronic money account or other payment account) that you use as a source of funds from time to time to fund your Account. The Payment Account must be held in your name with a financial institution in your country of residence;
   "PIN" means the personal identification number;
   "Recipient" means the person to whom you send funds using our Services;
   "Remittance" means the transfer of funds that you request and authorize Pesapeer to process through the Application for payment to your Recipient;
   “TIN” means tax identification number which is a unique combination of letters and/or numbers that tax authorities use to identify taxpayers;
   "TPP" means a third-party provider who is properly authorised by a regulatory authority to provide account information services and/or payment initiation services;
   "Transaction" means any cash withdrawal, purchase of goods and/or services, or funds transfer completed using your Card or directly through your Account, or any action which alters the balance of your Account, including a redemption (refund) instruction; and
   "Website" means www.pesa.co.

2. Contacting us

1. If you have any questions or would like to discuss your Account or Card, you can contact our Customer Services team by: 
   Email: support@pesa.co
   Phone: +44 (0) 161 552 8525, 8 am – 8 pm UK time
   Lost or Stolen Cards: Reporting in the App, 24/7
2. Customer Services is available during Business Hours, which are Monday to Friday from 8 am to 8 pm UK time. 
3. Lost or stolen Cards or Card and Account ID Information? Report it via the App. 

3. Contacting you

1. To access our Services, you must register to create an Account. 
2. When you register for the Account and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us identify you such as: 
   
   1. Your name
   2. Email address
   3. Valid home address
   4. Mobile device number
   5. A copy of Your government-issued photo ID, in some cases, your international passport; 
   6. Tax Identification Number (“TIN”); 
   7. Such other information and documentation that we may require from time to time in accordance with AML/CFT/CPF laws and our internal risk assessment policies. 
3. We will use the information you provide us, such as your address, telephone number and email address, to contact you.
4. You must let us know as soon as possible if you change your name, address, telephone number or email address. If we contact you in relation to your Card or Account, for example, to notify you that we will be changing the Terms or have cancelled your Card and wish to send you a refund, we will use the most recent contact details you have provided to us. Any email to you will be treated as being received as soon as it is sent by us.
5. We will not be held responsible to you if your contact details have changed, but you have not told us.
6. Under the Common Reporting Standard (“CRS”) and the Foreign Account Tax Compliance Act (“FATCA”), we are required to collect your TIN to help determine whether there is reporting obligation.
7. We need your TIN before we can open an account for you. If you're an existing customer, your account may be limited if you don't provide the required tax residence information. 

4. Fees

1. our use of any of our Services is subject to the fees and charges set out in the Fees Table, which forms part of these Terms

2.  Be aware that when you transfer funds from a Payment Account into your Account, your Payment Account provider may charge a fee for such transfer. Similarly, when you use an automated teller machine (“ATM”), you may be charged a fee by the ATM provider. Any such fees would be in addition to the fees and charges set out in the Fees Table.

3. Fees and charges will be paid from your Account at the time they are incurred.   You must ensure your Account balance is sufficient to cover the cost of any Transaction as well as any associated fee or charge.

5. Changes to these Terms

1. From time to time, we may change some of the provisions in these Terms. This may include changing an existing, or introducing a new fee, or changing a feature or function. Where required, we will provide you with at least two (2) months’ notice before the proposed change comes into effect. All such changes will be posted in the App and on the Website with a link to the amended Terms, and the change will also be notified to you by sending an email to the email address registered with your Account and/or Card. This section does not apply to changes in the exchange rate, which may change from time to time without notice to you and will apply immediately when they occur.

2. The up-to-date version of these Terms will be posted in the App and on the Website. You should check these regularly so that you can see the latest version. You are bound by these Terms and any amendments made to them. We recommend that you download or print off a copy of these Terms to keep for your records.

3. You will be taken to have accepted any change we notify you of, unless you tell us that you do not agree before the relevant change takes effect. In such circumstance, we will treat your notice of disagreement to us as notification that you wish to terminate these Terms immediately. In such an event, we will refund the balance on your Account. If you do this, you will not be charged a refund fee.

6. Scope of these Terms

1. These Terms govern your use of our Services. 

2. Funds held in your Account are known as electronic money or e-money. No interest will be paid on the funds held in your Account.

3. Your Card is a debit card. Your Card is not a credit card or a charge card. All Cards are issued by us pursuant to a licence from Mastercard®.

4. Although   our   activities   are   regulated   by   the   Financial Conduct Authority (“FCA”), neither   your   Card   nor   your   Account   is   covered   by   the Financial Services Compensation Scheme. However, the funds in your Account are safeguarded by us in accordance with our statutory obligations. This means that they are kept separate from our assets so that, in the unlikely event we become insolvent, your funds remain safe from our creditors.

5. To use any of our Services, you must 
   
   1. be at least 18 years of age;
   2. be a resident of any origination country approved by us and have a Payment Account in your name in the approved origination country; 
   3. register for an Account with us; 
   4. use them for your personal (not business) use only; and
   5. provide all information requested by us, including your full name, contact information (address, email, telephone), occupation, date of birth and means of identification, online credentials for your Payment Account, and such other information or documentation we may request from time to time to allow us to verify your identity (collectively, "User Information"). 
6. We utilise authentication methods such as email and telephone numbers when you register with us. We will check your identity and where you live. We may use third parties to obtain this information and carry out checks on our behalf,  this may include using credit reference agencies. However, a credit check is not performed, and your credit rating will not be affected.

7. If you are a UK tax resident, you may be asked for your National Insurance number and your TIN. If you are a tax resident of another country, you will be asked for your TIN. 

8. You agree that the User Information you provide is accurate, complete and up to date.  You must promptly notify us of any changes to your User Information via the App or by emailing Customer Support.

9. Providing false or inaccurate information or using any part of the Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

10.  Your use of our Services is subject to our approval, and we reserve the right to refuse at our discretion to provide any or all of our Services to you. 

11. You can use the App to do various actions relating to your Account and Card including allocating funds to your Account, managing your Card and/or Account, viewing recent Transactions and Account balance.   See the App and Website for more information about the functions and features available to you.  

12. If you have any problems using any of our Services, please contact Customer Services.

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Using our Services

7. Remittance

1. You may use the App to send a Remittance to a Recipient located in a country where our Services are provided, see the App for details.  The country list is updated from time to time.
2. If you send funds in a currency different from the currency you provide to us, the foreign exchange rate will be shown in the App at the time of your request. Our exchange rate is based on the range of rates available in currency markets (which vary daily and often more often), to which we add a margin.      We will confirm the actual exchange rate which will apply and for how long this rate will be valid when you instruct us to make the Remittance.

3. Any change in an exchange rate will apply immediately and without notice. When you request currency to be converted, be aware the exchange rate may differ between the time you view the rate and the time you authorise the conversion to be processed.

4. Limits apply to the value of Remittances you can send (both individually and over a period of time) and the value of Remittances any Recipient can receive. See the App for details. 

5. The funds will be made available for receipt by the Recipient after the Remittance has been processed by us and our designated service providers.  We will notify you in the App and by email when this occurs. 

6. ‍ We may delay payment of your Remittance to allow us to determine that your Remittance complies with applicable law, regulation or Pesapeer’s policies, or if we suspect the Remittance is related to fraud or other illegal activity.  We have the right, without notice to you, to refuse to accept or pay any Remittance that we determine in our sole discretion may violate applicable law, regulation or our policies, including laws, regulations and policies intended to help detect and prevent money-laundering, terrorist financing, fraud, and other abuses of financial services; if we accept a Remittance and then determine that it may violate any such law, regulation or policy, we may hold the Remittance until such time that the matter is resolved.

7. We reserve the right to prohibit you from using our Remittance service if you do not provide accurate and complete information during registration with us or when requesting a Remittance. Inaccurate and/or incomplete information provided by you during registration or when requesting a Remittance may cause errors in your requested Remittance.

8. If we reasonably believe you are using our Services in connection with illegal activity or for any fraudulent purpose, or are permitting a third party to do so, we are obligated to report you to the appropriate legal authorities.

9. No fiduciary or escrow relationship is created between you and Pesapeer, as a result of your use of our Remittance service. The funds that you direct us to pay to your Recipient are not held by us as a deposit or in escrow, and we do not hold or process your Remittance as a fiduciary. For our Remittance service, our only obligation is to pay your Remittance to your Recipient or to return the principal amount of the Remittance to you.

10. Our Remittance service is generally available 24 hours a day, 365 days a year, although there may be times when it is unavailable to you or to your Recipient. For example, when we carry out upgrades or improvements to our Services, or when we are impacted by events beyond our control, whether as a result of a power outage, network or telecommunications failure, war or civil unrest, natural disaster or other event beyond our control.

8. Card and Account

1. Funds can be loaded into your Account by you from your Payment Account by bank transfer (faster payments) or using Open Banking. The funds will be credited to the Account balance less any applicable fee once they have been received by us. Sometimes there may be a delay in us crediting the funds to your Account after we receive them if we need to check the source of the funds, or if we have reasonable suspicion that they are linked to fraud or other dishonest activity.

2. Limits apply to the number of times your Account may be loaded in a day. Minimum and maximum load limits also apply, and these are set out in the App. We reserve the right to refuse to accept any particular load Transaction.

3. There are spending and withdrawal limits for the use of your Card and/or Account; please see the Fees Table for details.

4. We may charge you a fee (see Fees Table) when you request a return of the money in your Account in the following circumstances:
   
   1. i. where redemption is requested before termination of these Terms; or
   2. where redemption is requested more than one (1) year after the date these Terms terminated.

Using your Card

5. If you have requested a physical Card, you must sign it as soon as you receive it and activate it. Activation instructions are set out on the packaging that your Card is attached to and also in the App. Your Card cannot be used until this is done.  If you have a virtual Card, it can be used immediately on receipt and does not need to be activated. A Card and delivery fee applies for physical Cards (see Fees Table for details).

6. You   can   use   your   Card   to   purchase   goods   and   services   from a Merchant anywhere Mastercard® is accepted and you may also be able withdraw cash at an ATM or over the counter at a financial institution displaying the Mastercard® logo.  A fee may apply to withdrawals via an ATM (see Fees Table for details). 

7. Be aware that some ATM providers charge additional fees for the use of their ATMs and some Merchants add a surcharge for using certain types of cards. You may also be subject to their terms and conditions of business. It is your responsibility to check before proceeding with your Transaction.

8. We reserve the right to decline any Transaction at our discretion.

9. You must keep your PIN and other Card and Account ID Information safe and ensure that you log out of the App after using it.

10. We may at any time suspend, restrict or cancel your Card or Account or refuse to issue or replace a Card for reasons relating to the following:
    
    1. We are concerned about the security of your Card or Account;
    2. We suspect your Card or Account is being used in an unauthorised or fraudulent manner;
    3. We   need   to   do   so   to   comply   with   applicable   laws or Mastercard rules; or
    4. You   break   an   important   part   of   these   Terms or repeatedly break any part of these Terms and we inform you of this but despite us informing you, you fail to resolve the matter in a timely manner.
11. If we do suspend, restrict or cancel your Card or Account, we will tell you as soon as we can or when we are permitted to do so, either before or after we have taken such steps. We may ask you to stop using your Card and/or Account and return the Card to us or destroy the Card.  Depending on the circumstance in which we took such action, we will either issue you with a replacement Card or re-activate your Card if, after further investigations, we believe that the relevant circumstances no longer apply or exist.

12. We may also decline to authorise a Transaction:
    
    1. If we suspect your Card or Account is being used in an unauthorised or fraudulent manner;
    2. if sufficient funds are not loaded on your Card/Account at the time of a Transaction to cover the amount of the Transaction and any applicable fees; or
    3. if we believe that a Transaction will break the law.
13. If   we   refuse   to   authorise   a   Transaction, we will, if practicable, tell you why immediately unless it would be unlawful for us to do so. You may correct any information we hold, and which may have caused us to refuse a Transaction by contacting Customer Services.  

14. We shall not be liable if a Merchant refuses to accept your Card or if we do not authorise a Transaction, or if we cancel or suspend use of your Card or Account. 

15. Unless otherwise required by law, we shall not be liable for any loss or damage you may suffer as a result of your inability to use your Card or Account for a Transaction.

16. You must not spend more than you have available in your Account. You are responsible for   ensuring that   you   have   sufficient   funds   when   you authorise a Transaction that covers the Transaction amount and any applicable fees.   If you do not do this it may result in your Transaction being declined or, in exceptional cases, an overspend on your Account. 

17. If an overspend occurs, you must pay the overspend back to us immediately. We reserve the right to deduct an amount equivalent to the overspend from any other Accounts that you hold with us or against any funds which are received into your Account. We may suspend your Card and Account until we are reimbursed the overspend amount and we reserve the right to take any other steps necessary to recover the overspend amount from you.

18. In certain sectors, Merchants such as car hire companies, hotels, restaurants and other service providers will estimate the sum of money you may spend or for which you require authorisation. The estimate may be  greater than the amount you spend or are charged, for example:
    
    1. At restaurants you may be required to have a maximum of 20% more than the value of the bill in your Account to allow for any service charge added by the restaurant;
    2. At “pay at pump” petrol pumps (if applicable), you may be required to have an amount equal to the maximum transaction value permitted at the pump in your Account. 

This means that some of the funds in your Account may be held for up to 30 days until the Merchant has settled the Transaction amount and, accordingly, you will not be able to spend this estimated sum during this period. We cannot release such sum without authorisation from the Merchant.

19. Merchants may not be able to authorise a Transaction if they cannot obtain online authorisation from us. 

20. Any refunds for goods or services purchased with your Card may only be returned as a credit to your Account. You are not entitled to receive refunds in cash.

21. We accept no responsibility for the goods or services purchased by you with your Card and/or Account. 

22. Disputes relating to goods or services purchased should initially be addressed directly with the Merchant who supplied them. Once you have authorised a Transaction, we cannot stop it. However, if your Transaction is to buy goods or services, you may have a claim against the Merchant if the goods or services are unsatisfactory, not   supplied, supplied   only   in   part or  do not match the   Merchant’s description. In these circumstances, if you want to make a refund claim, you must notify us of the claim within 60 (sixty) days of the purchase, and we will lodge it with Mastercard as a chargeback claim.  If the chargeback claim is successful, the purchase amount will be applied to your Account once the amount is successfully secured from the Merchant.  If you make a chargeback claim, but it is not successful, for example, the Merchant shows the goods or services were supplied, satisfactory or did match the description, you will not receive a refund of the purchase amount and we will be entitled to charge you any fees we reasonably incur in pursuing the chargeback claim. The fee, excluding the transaction cost being disputed, can vary but is typically between      £15 (fifteen Pounds) and £ 300 (three hundred Pounds), and we will be entitled to debit your Account with the amount of any such fees. We will disclose the fee to you as soon as we are made aware of the amount.

9. Authorising Transactions

1. A Transaction will be regarded as authorised by you, either at the point of sale by following the instructions provided by the Merchant, or for a redemption   instruction by following the instructions provided in the App or by Customer Services, which includes:
   
   1. entering your PIN or providing any other security code;
   2. signing a sales voucher (for Card Transactions);
   3. providing the Card details and/ or providing any other details as requested;
   4. waving or swiping the Card over a card reader; and
   5. entering a one-time passcode in the App which we will send to the mobile number that you have registered with us.
2. A Transaction made using your Account will be regarded as authorised by you when you follow the instructions in your App relating to the Transaction and click on the ‘submit’ or other equivalent button to indicate your authorisation for us to execute the Transaction.

3. Authorisation for a Transaction cannot be withdrawn (or revoked) by you after we have received it. However, any Transaction which is agreed to take place on a   date   later   than   the   date   it   was   authorised may be withdrawn if you give notice to the Merchant (providing a copy of the notice to us) as long as notice was provided no later than the close of business on the Business Day before the Transaction was due to take place. 
4. You are responsible for all Transactions and applicable fees charged to your Account.

10. Transactions made in foreign currencies

1. Your Card is denominated in GBP. If you use Your Card to purchase goods or services or withdraw cash in a different currency, then such Transaction will be converted to the currency of your Card on the day we receive details of it.  We will use Pesapeer’s exchange rate applicable for such a Transaction, which is available in the App.  

11. Execution Times

1. The instructions to make a Transaction will be received when we receive them from the Merchant’s payment service provider or the ATM operator or from you. If we receive instructions on a day that is not a Business Day or after 4:00 pm on a Business Day, they will be deemed received by us on the following Business Day.

2. We will ensure that a Transaction you make is credited to the relevant payment service provider within certain timescales, provided:
   
   1. the payment service provider is located within the European Economic Area (EEA); and
   2.  the payment services being carried out are transacted in Euro, or another currency of an EEA member state.

3. Transactions carried out in Euro (€) or Pounds Sterling (£) or involving a single currency conversion between Euro and Pounds Sterling (provided any cross-border transaction takes place in Euro) will be credited by the end of the Business Day following the day on which the Transaction is received by us. We will credit the Recipient's account for all other Transactions by the end of the fourth (4th) Business Day following the day on which the instruction is received by us.

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12. Third party providers (TPPs)

1. You can choose to allow a TPP to access information in your Account to:
   ‍
   
   1. combine and display information about your Account with information from other Payment Accounts you hold with other payment service providers, or
   2. to initiate a Transaction from your Account using relevant Card and Account ID Information.
2. The TPP providing such service must be authorised by the FCA or another European regulator, and you must give your explicit consent to allow this activity.
3. If you do allow access by a TPP, you must promptly notify us if you believe any Transaction initiated by a TPP is incorrect, unauthorised or if you believe you have made a payment to a person or business as part of a scam. We can then take steps to stop further misuse of your Account and arrange any refund you may be entitled to. 

4. If you are thinking of using a TPP, it is important you check with the relevant regulator that the TPP is actually authorised by it before you use it.  Please see section 14 below for further information about APP scams, the types of Transactions that may be refunded to you, and how you can claim.

5. We can refuse or stop access to a TPP if we are concerned it isn’t properly authorised or if we reasonably believe it is acting fraudulently. If that happens, we will contact you to explain why, unless we believe that would compromise our security or it would be unlawful.

13. Disputed Transactions

1. You may be entitled to claim a refund in relation to Transactions made using your Card and/or Account where:
   
   1. the Transaction was not authorised in accordance with these Terms;
   2. We are responsible for a Transaction which was incorrectly executed and notified to us in accordance with paragraph 18 below;
   3.  a   pre-authorised   Transaction   did   not   specify   the   exact amount at the time of its authorisation and the amount charged by a Merchant is more than you could reasonably have   expected   taking   into   account   normal   spending patterns on your Card, your Account, or the circumstances of the Transaction.   However, a   claim   for   a   refund in this circumstance will not be accepted if the amount of the Transaction was made known to you at least four (4) weeks before the Transaction date or if the claim is made more than eight (8) weeks after being debited to your Account;
   4. We were notified of the unauthorised/incorrectly executed Transaction within thirteen (13) months of the debit date of such Transaction.
2. If any of the above circumstances apply in relation to a Transaction, you should   also   contact   the   Merchant   as   this   may   lead   to   a   quicker resolution of the dispute.

3. You can also ask us to investigate a Transaction or misuse of your Card or Account. We will process a refund of the amount of the disputed Transaction where we believe fraud has occurred. We may need more information and assistance from you to carry out such investigation.

4. If we refund a disputed Transaction to your Account and subsequently receive information to confirm that the Transaction was authorised by you and correctly posted to your Account or that you had acted fraudulently or with gross negligence, we shall deduct the amount of the disputed Transaction from the funds in your Account. If there are insufficient funds we will deduct the refunded amount from other Accounts you hold with us, or from funds which are subsequently received into your Account, and we may suspend your Account until we are reimbursed. We reserve the right to take any other steps necessary to recover the refunded amount from you.

5. ‍If you request a refund for an incorrectly executed transfer made by you to a Recipient, we may refuse your request if we can show the payment service provider of the Recipient received the funds, or that there was a mistake in the Recipient’s details which you gave us. However, if there was a mistake in the Recipient’s details you provided, we will still make a reasonable effort to recover the funds. If we are unable to do so, you can make a written request for us to provide you with all the information available to us which is relevant to you in order for you to file a legal claim to recover the funds.

6. In any event, if you ask us to, we will make efforts to trace any transfer which has not been made or has been made incorrectly and notify you of the outcome.

14. Authorised push payment (APP) Scams

1. If you believe you have sent a payment from your Account to a fraudster using the faster payment service (including payments through a payment initiation service) that is linked to an APP scam fraud, you must contact Customer Services as quickly as possible, and in any event by no later than 13 (thirteen) months after the final payment is made to the fraudster as part of the same scam. 

2. We will promptly investigate your claim. We will provide an initial indication to you whether your claim falls within the scope of the APP Scam reimbursement rules and, subject to these rules, we will reimburse you the APP scam amount within five (5) Business Days unless we need to gather additional information.  Depending on the circumstances surrounding the APP scam claim you submit, we reserve the right to charge you a claim excess of up to £100 (one hundred Pounds) on reimbursable APP scam claims. 

3. You will not be entitled to reimbursement of an APP scam claim where you have acted fraudulently, or you have acted with gross negligence. 

4. If we refuse your APP Scam claim and you do not agree with the outcome, you may have the opportunity to pursue a claim via the Financial Ombudsman Service.

5. If we have been informed by a sender (payer) or its financial institution that a payment into your Account was linked to a fraud, we will request further information from you about the transaction to help us, the sender and/or the financial institution establish the payment is legitimate.  If this happens, your Account will be suspended for as long as the investigation is ongoing. 

6. If, following an investigation, it is established the transaction was fraudulent, then the value of the fraudulent amount will be debited from your Account, and your Account will be closed.  If the transaction is found not to be fraudulent, your Account will be reactivated.

7. For more information about APP scams and the APP scam reimbursement rules including the types of transactions they cover and the maximum amount recoverable, see here.

15. Card expiry, damaged and new Cards

1. Your Card is valid for the period stated on the Card, unless its use is terminated earlier by us in accordance with these   Terms. You will not be able to use your Card once it has expired. We may renew your Card when it expires so that you may continue to use the funds in your Account. We reserve the right to decline to issue a replacement Card.

2. Once your Card has expired or is cancelled, you will no longer be able to use it to make Transactions from your Account.

3. If you ask, we may replace a damaged Card.  If we do this a fee may apply (see the Fees Table for details). You will be asked to provide us with your Card number and other information so that we can identify you.

16. Refunds from Merchants

If you receive a refund of sums paid for goods and services from a Merchant, the refund amount will be added to the balance in your Account.

17. Keeping your Card, your Account and your Card and Account ID Information safe

1. You must keep your Card, your Account and your Card and Account ID Information safe. Your Card and your Card and Account ID Information are personal to you, and you must not give them to anyone else to use. You must take all reasonable precautions to prevent fraudulent use of your Card, your Account and your Card and Account ID Information. You are, however, permitted to give certain of your Card and Account ID Information to a TPP to enable them to access your Account.
2. You should treat the value on your Card and/or Account like cash in a wallet.  If your Card is lost or stolen or there is unauthorised use of your Card or   Account, you may lose some or all of the value on your Account in the same way as if you lost cash.
3. You will receive a PIN for your Card, and you must keep your PIN safe. This means that when you receive your PIN you must memorise it. You must always keep your PIN secret. You must not disclose your PIN to anyone, including friends, family or Merchant staff.
4. If you suspect that someone else knows your PIN or any other Card and Account ID Information (other than a TPP knowing certain of your Card and   Account   ID   Information), you must contact Customer Services immediately. If you forget your PIN, you can access it when you log in to your App.
5. You must keep your Card and Account ID Information secure, as it provides access to your Card and/or Account details and your Card PIN.

18. Lost  or stolen Cards, Card and Account ID Information, incorrect or unauthorised Transactions and liability

1. If you think that you have lost any of your Card and Account ID Information, they have been stolen or used by someone else in an unauthorised manner you must notify us straight away. 

2. If you believe;
   
   1. a Transaction is unauthorised, has been posted in error or is otherwise incorrect; or
   2. a Transaction has not been executed or has been incorrectly executed by us, you must let us know without delay and in any case no later than 13 months after the debit date, by contacting Customer Services.  
3. If requested to, you must also write to us within seven (7) days to confirm the loss, theft, possible misuse or unauthorised activity.   

4. You may be required to help us, our agents or any enforcement agency, at our request, if your Card or Card and Account ID Information is lost or stolen or if we suspect your Card or Account is being misused.

5. If your Card is reported lost or stolen, we will cancel it and may issue a new one. A fee may apply (see the Fees Table for details).  If you find your Card after you have reported it lost, stolen or misused, you must destroy it.

6. ‍Subject to the provisions in this paragraph 18, you shall be entitled to a refund in the amount of an unauthorised Transaction or a Transaction incorrectly executed by us and, where applicable, restoration of your Account to the state it would have been in had the unauthorised or incorrectly executed Transaction   not   taken   place, provided you have notified us of the Transaction in question within the timeframe (except the timeframe would not apply where we have   failed   to   provide   or   make   available   the required Transaction information to you). Any undue delay in making a notification may result in you being liable for any losses as a result.  

7. We will make the refund to your Account immediately unless we have any reason to believe that the incident may have been caused by you not complying with these Terms, your negligence or if we have reasonable   grounds   to   suspect   that   it   has   been   caused   by   your fraudulent   behaviour, deception   or   other   wrongdoing   perpetrated by you.

8. ‍Subject to paragraph 18.10 below, you are liable up to a maximum of £35 (thirty-five Pounds) resulting from unauthorised Card Transactions made from each instance of loss, theft or misappropriation of your Card.  However, this does not apply if it was not possible for you to detect the loss, theft or misappropriation before the payment was made (unless you acted fraudulently).

9. You will not be liable for any losses arising after you have notified us of the loss, theft or misappropriation of your Card: 
   
   1. if you have exercised reasonable care in keeping your Card, and Card and Account ID Information safe from risk of loss or theft and, upon becoming aware of an unauthorised Transaction or the loss or theft of your Card and Account ID Information, you notified us promptly; or 
   2. where you used your Card in connection with a distance contract, such as purchasing goods online by telephone.
10. You will be liable for all losses arising in respect of an unauthorised Transaction where you have:
    
    1. acted fraudulently;
    2. compromised the security of your Account and/or Card with intent or with gross negligence (for example by failing to comply with this paragraph 18); or
    3. provided any of your Card and Account ID Information to another person who then uses those details to make a Transaction.

In these circumstances, we reserve the right to charge you for any reasonable costs that we incur in taking action to stop your Card or Account being used and to recover any monies owed as a result.

11. If our investigations show that a Transaction reported by you as unauthorised or incorrectly executed was in fact authorised by you or correctly executed, or you have acted with intent or negligence, we may reverse any refund made, and you may be liable for any loss we suffer from your use of your Card or Account.

12. Our liability to you under these Terms shall be subject to the following exclusions and limitations. We will not be liable for any loss arising from:
    
    1. a Merchant refusing to accept your Card; 
    2. any cause which results from abnormal or unforeseen circumstances beyond our reasonable control or which would have been unavoidable despite all our efforts to stop it; 
    3. us suspending, restricting or cancelling your Card or Account or refusing to issue or replace your Card if we suspect your Card or Account is being used in an unauthorised or fraudulent manner, or as a result of you breaking an important part or repeatedly breaking any part in these Terms;
    4. our compliance with any applicable laws, regulations or Mastercard rules; 
    5. loss or corruption of data unless caused by our willful default/wrongdoing.
13. Unless otherwise required by law or as set out in these Terms, we will not be liable to you in respect of any losses you or any third party may suffer in connection with the Card or Account as a result of our actions which were not a foreseeable consequence of our actions.

14. We will not be liable for the goods or services that you purchase with your Card or Account.

15. From time to time, your ability to use your Card or Account may be interrupted, e.g. when we carry out maintenance. If this happens, you may be unable to load funds into your Account, make Transactions or view information regarding your Account in the App.

16. Where the Card is faulty, our liability shall be limited to replacing it free of charge.

17. If funds are incorrectly deducted from your Account, our liability shall be limited to repaying the amount of the incorrect deduction into your Account.

18. In all other circumstances, our liability will be limited to repayment of the Transaction amount giving rise to the claim.

19. Nothing in these Terms will exclude or limit our liability for death or personal injury or to the extent that it cannot otherwise be limited or restricted by law.

19. Statements

You can view your Account balance and transactions and download them for your records via the App at any time. You are responsible for keeping your Card and Account ID Information secret. If you believe someone else is using your log in details or may know them, you must contact Customer Services immediately.

20. Cancellation, termination and suspension

1. You may cancel your Card or Account at any time by notifying Customer Services.  This will not entitle you to a refund of any Transactions you have made (authorised or pending) or charges incurred in respect of such Transactions prior to your cancellation. If you ordered a physical Card, the fee will not be refundable

2. If you cancel your Account, your Card will automatically be cancelled as well.

3. Once we have been notified by you, we will block the Account and Card straight away so they cannot be used.  

4. We can terminate your Account and/or any Card at any time if we give you ninety (90) days’ notice and refund any remaining funds to your nominated bank Account.

5. We can suspend or terminate these Terms with you and your use of your Account and/or any Card immediately if:
   
   1. You break an important part or repeatedly break any part of these Terms;
   2. You have broken, or we have reason to believe that you are breaking any law, or Mastercard rule in connection with your use of your Card or Account;
   3. We have reason to believe that you are in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;
   4. We can no longer process your Transactions for any legal or security reason or due to the actions of a third party;
   5. You refuse to co-operate in an investigation or to provide adequate identity or security information or documentary evidence or verification when requested;
   6. We have reason to believe that your Card, Account or conduct creates a security, credit, fraud, business or reputational risk to us;
   7. We need to do so in order to comply with applicable law or Mastercard rules;
   8. You fail to pay any fees or charges relating to your Account or fail to repay any overspend incurred on your Account.
6. These Terms will terminate in the event of your death.
7. On termination of your Account, if there is a positive balance in your Account, the remaining funds will be returned to you provided the funds are not subject to any restriction. We will only transfer funds to a Payment Account in your name, and we may ask you to provide us with documents, evidence and other information to verify that this is the case.
8. You can claim any funds remaining in your Account for a period of up to six (6) years following closure of your Account.  
9. We can suspend your Card at any time immediately if:
   ‍
   1. we discover that any information you have provided is incorrect or incomplete; or
   2. if a Transaction has been declined because of lack of available value in your Account but you repeatedly try to use your Card to make another one.
10. In the event any Transaction, fee or charge is incurred following cancellation of your Card or termination of your Account, you agree to pay all such sums to us immediately on demand.

21. Personal data

Please see our privacy policy, which describes the personal data we collect and what we do with it, and can be found at https://www.pesa.co/privacy-policy. By accepting these Terms, you also agree to the terms of our privacy policy.

22. Intellectual Property

1. All rights, title and interest in and to the Website, the App and our Services, including all content, software, trademarks, logos and materials made available by us, are owned by or licensed to Pesapeer and are protected by applicable intellectual property law. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the App and the Website solely to use our Services for their intended purpose. You must not copy, modify, reverse engineer, decompile or otherwise exploit any part of the App, the Website or our Services except as expressly permitted by us or by applicable law. Nothing in these Terms transfers any intellectual property rights to you other than the limited licence expressly granted in this section.

23. Event beyond our Control

1. We will not be liable for any delay or failure to provide our Services to the extent this is caused by an event beyond our reasonable control, including a power, network or telecommunications failure, cyberattack, industrial action, natural disaster, war, civil unrest, pandemic, epidemic, or the failure of a bank, payment scheme, or other third party we rely on to provide our Services. Where such an event occurs, we may suspend or limit the affected Services for as long as is reasonably necessary and will restore them as soon as reasonably practicable once the event has ended.

24. Complaints procedure

1. If you are not satisfied with the service you are receiving, you should provide written details of your concerns to Customer Services. All queries will be handled in accordance with our complaints procedure. Customer Services will provide a copy of the complaints procedure upon request.

2. We will use every effort to investigate and resolve your complaint in a timely manner.  We will aim to send a final response to your complaint by the end of 15 (fifteen) Business Days after the day on which we received the complaint, or in exceptional circumstances, where we cannot send a final response within this period of time, for reasons beyond our control, by the end of 35 (thirty-five) Business Days after the day on which it received the complaint.
3. If you have not received a satisfactory response within 8 (eight) weeks from the date of your complaint, you may refer your complaint to the UK Financial Ombudsman Service.

4. You may contact the Financial Ombudsman Service at Exchange Tower, London E14 9SR, United Kingdom. For additional contact details, you may visit the Financial Ombudsman Service’s website at your.financial-ombudsman.org.uk.

25. Common Reporting Standards

1. We are required to report your Account to HM Revenue & Customs (“HMRC”) as part of the UK’s Common Reporting Standards (“CRS”).  If you are a tax resident in another country, HMRC may share this information with the relevant tax authority. For further information about CRS and the information we share, please see [insert link to CRS info /FAQs] 

26. General

1. In these Terms we have provided headings for convenience only, and they shall not affect the interpretation of the sections relating to them. 
2. If we delay or fail to exercise any right or remedy under any part of these Terms, it shall not mean that we have given up or will not exercise such right or remedy at any time in the future.
3. This agreement (these Terms) is personal to you, and you may not transfer, novate, assign, subcontract or delegate your rights or obligations in it to a third party.
4. You understand and agree that we may transfer novate, assign or subcontract our rights and obligations under these Terms at any time without prior written notice to you and without your further consent. If we exercise such right but you do not want to transfer to the new payment service provider issuer you may contact us and we will terminate your Account. Any balance remaining in your Account will be returned to you in accordance with paragraph 20.
5. We may subcontract any of our obligations under these Terms.
6. These Terms are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining terms and conditions. In the event that any part of these Terms are held by law, in a court or by direction of a relevant regulatory authority not to be enforceable, only the unenforceable term shall be excluded, and the remainder of these Terms shall remain in full force and effect.
7. You will remain responsible for complying with these Terms until your Account terminates (for whatever reason) and all sums due under these Terms have been paid in full.
8. These Terms are written and available only in English and all correspondence with you in respect of our Services shall be in English. In the event that these Terms are translated, the version in English shall take priority.
9. These Terms are governed by the laws of England, and you agree to the non-exclusive jurisdiction of the English courts.