1. Definitions

Account

The electronic money account associated with your Card. 

Additional Card

Any additional Card which is issued to a person any time after the successful registration of an Account; 

Additional Cardholder

A person who you have authorised to hold an Additional Card.

Agreement

These terms and conditions relating to the use of your Card(s) as amended from time to time.

ATM

Automatic teller machine, cashpoint facility or cash dispenser.

Available Balance

The value of unspent funds loaded onto your Account and available to use.

Business Day

Monday to Friday, 8.30am to 5.30 pm GMT, excluding bank and public holidays in Gibraltar

Card

The prepaid card, whether Physical or Virtual, issued to you in accordance with this Agreement.

Card Type

The type of Card, as set out in the Fees and Limits Schedule, and which may include: WEGA reloadable 3DSA 2.0 Mastercard, Additional WEGA reloadable 3DSA 2.0 Mastercard, WEGA reloadable virtual Mastercard, Additional WEGA reloadable virtual Mastercard, WEGA Single use virtual Mastercard

Customer Services

The contact centre for dealing with queries about your Card and Account.  You can contact Customer Services by:

1. calling +44 (0) 161 883 1501 (your network provider may charge a fee for calling this number);
2. e-mailing support@wegamc.com from the email address registered to your Wega Account; or
3. writing to Wega Support, 61 Praed Street, Suite 31, London W2 1NS

EEA

European Economic Area.

Expiry Date

The date showing on the front of your Physical or Virtual Card.

Fee

Any fee payable by you as referenced in the Fees & Limits Schedule.

Fees & Limits Schedule

The schedule contained in this Agreement and which forms part of this Agreement.

Interactive Features

The Wega 3DSA 2.0 acoustic chip (‘Wega Chip’), biometric software processes and any other interactive components which may form part of the Card and/or Wega Account functionality from time to time.

KYC

Means ‘Know Your Customer’ and constitutes our verification of your Personal Details.

Merchant

A retailer or any other person that accepts e-money.

Mobile App / Mobile App Account

The Manchester City Wega Mobile Application, which is available on Android and iOS smart devices. The Mobile App Account enables successfully registered users to order Cards as well as load and manage their Accounts via their smart devices.

Personal Details/Personal Data

The registered personal identity details relating to the use of your Card and Wega Account including (but not limited to) your: name, date of birth, home address, email address and telephone (landline and/or mobile) number. Full details of the Personal Data which we process are set out in our Privacy Policy.

Physical Card

A physical/plastic prepaid Card that can be used for Transactions.

PIN

Personal Identification Number i.e. the security number provided for use with your Physical Card.

Primary Card

The first Card issued to you following registration of your Account in accordance with this Agreement.

Program Manager

Truxtun Capital SA with registration number CH-249.542.214 and registered address of Rue du Nant 6, Genève, 1207, Switzerland.

Scheme

Mastercard, which is also a registered trademark of Mastercard International Incorporated.

Transaction

Using your Card to make (i) a payment, or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of your Card including where payment is made over the internet, by phone or mail order or (ii) a cash withdrawal made from an ATM or bank using your Card.

Username and Password

A set of personal codes selected by you in order to access your Wega Account;

1. Virtual Card

A non-physical Card, the use of which is limited to online, phone or mail order purchases.

Website

www.wegamc.com

we, us or our

Transact Payments Limited (“TPL”) a company incorporated in Gibraltar with registered office address 6.20 World Trade Center, 6 Bayside Road, Gibraltar GX11 1AA, company registration number 108217 and which is authorised by the Gibraltar Financial Services Commission as an electronic money institution; or the Program Manager acting on its behalf.

Wega Account

The online account in your name associated with the Interactive Features.

Wega Platform

The area on the Website that allows you to access your Account and carry out the functions specified in condition 10.3.

you or your

The person or persons who have received a Card and are authorised to use it in accordance with this Agreement.

3D Secure/3DS

3D Secure is a payment verification protocol (branded as ‘Mastercard® Secure Code’ and ‘Verified by Visa’), used to prevent payment card fraud by verifying your payment Card details.

2. Your Agreement, Card and Account

2.1. Your Card is issued by us pursuant to a licence from the Scheme and your rights and obligations relating to the use of the Card are subject to this Agreement.

2.2. You can download or print the latest version of this Agreement at any time from the Website and/or request an electronic copy by email from Customer Services.

2.3. Your Card is an e-money product; it is not a credit, charge or debit card or connected in any way to your bank account.

3. Purchase and activation of your Card

3.1. To apply for a Card you must be at least 18 and a resident of the United Kingdom.

3.2. Cards may be purchased via the Mobile App or Website.

3.3. You have the option of purchasing a Virtual Card or a Physical Card. If you are a Virtual Cardholder, you may upgrade at any time (subject to successful KYC verification) to a Physical Card, by contacting Customer Services or notifying us via your Mobile App or Wega Account. Any applicable upgrade fees are set out in the Fees and Limits Schedule.

3.4. Regardless of the Card Type and the number of Cards associated with your Account, you are permitted to have only one Account where your Available Balance is located. Primary Cardholders may transfer funds onto Additional Cards, each of which will have its own balance but which is always subject to the Available Balance of the Account.

3.5. You must activate your Physical Card prior to use via the Website or via the Mobile App. You may be asked to supply us with your Personal Details and KYC information and/or documents (which we shall record and store in accordance with applicable legislation). You must sign the back of your Physical Card immediately as soon as you receive it.

3.6. In order to activate your Virtual Card, simply request it from the relevant section in the Mobile App or Website tab and confirm your request by entering your authenticator.

4. Interactive Features 

4.1. Your card is equipped with:

4.1.1. a Wega 3DSA 2.0 acoustic chip (“Wega Chip”); and

4.1.2. an EMV chip used for payment transactions with Merchants.

4.2. The Mobile App allows you to access the following biometric recognition software processes: face recognition, fingerprint identification and voice recognition (“Biometric Authenticators”) software processes.

4.3. The authentication methods listed in 4.1.1. and 4.1.2 can work independently of each other. Detailed instructions on how to use these features, which may be modified or removed from time to time, are available on the Website.

4.4. In order to enable Biometric Authentication, you are required to install and use the Mobile App. Instructions on how to register for and use Biometric Authentication can be found on the Website and in the Mobile App.

4.5. The Biometric Authenticators can only be used on mobile devices which appear on the list of Accepted Devices set out on the Website.

4.6. The Wega Chip battery

4.6.1. The Wega Chip is powered by a lithium battery. Under normal conditions the functional battery life should extend beyond the expiration date of the Card. However, if the Wega Chip does not produce a sound frequency when the X in the bottom left corner of the Card is pressed either prior to activation or during the life of the Card, we will replace the Card. Please email us at support@wegamc.com from the email address registered with your Card and send the Card to Wega Support, 61 Praed Street, Suite 31, London W2 1NS. In the event that the Card is faulty due to our default, we will replace it free of charge, upon our receipt of the faulty Card, and will credit the applicable regular mail Royal Mail tariff to your balance.

4.6.2. Upon expiration of the Card, or if the Account is closed, please dispose of the Card by recycling it, taking local regulations into consideration. Please cut out the specific 3DSA 2.0 battery area (as drawn on the card) and dispose of it in an appropriate manner.

5. Personal Details

5.1. Your use of the Card is subject to our verification of your Personal Details (i.e. KYC) by either electronic verification means and/or requesting relevant KYC information or documents from you as applicable.

5.2. When entering into Transactions over the internet, some websites may require you to enter your Personal Details and in such instances you should supply the most recent Personal Details that you have provided us with.

5.3. You must notify us of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in your Mobile App Account or Wega Account. You will be liable for any loss that directly results from any failure to notify us of a change in your Personal Details due to undue delay, your gross negligence or fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you as applicable.

5.4. We reserve the right at any time to satisfy ourselves as to your Personal Details (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Account, you authorise us to undertake electronic identity verification checks on you either directly or using relevant third parties.

6. Loading your Card

6.1. Funds may be added to your Account by any of the permitted methods set out in the “Loading Transactions” section of the Fees and Limits Schedule.

6.2. To load your card by debit card, you must use a debit card that has been issued by a regulated financial institution in the EEA and is registered at the same name and address as your Card.

6.3. Only the Primary Cardholder and not the holders of any Additional Cards may add funds to your Account.

6.4. Fund loading limits vary according to the Card Type and these are set out in the Fees & Limits Schedule.

6.5. If enabled, you will have the option to transfer your Available Balance or part balance from your Card or Account to other Accounts that may be held with us (i.e. a “Card-to-Card” transfer). If you instruct us to make a transfer from your Account to another person’s Account, the requested amount will be debited from your Account and credited to the Account in accordance with your instructions. You may incur a Card-to-Card Transfer Fee for this Transaction.

7. Using your Card

7.1. Your use of the Card is subject to the applicable Fees detailed in the Fees & Limits Schedule, which shall be deducted from the Available Balance.

7.2. You can use the Card at any Merchant who accepts the applicable Scheme to (where permitted by your Card Type) make purchases in-store, via the internet or over the phone and to withdraw cash from ATMs and banks who agree to provide this service (subject to any additional fees that such ATM operators or banks may charge), unless we inform you otherwise.

7.3. You must always ensure that you have sufficient Available Balance for each Transaction you authorise (including value added tax and other taxes, duties and applicable fees). If the Available Balance is insufficient to pay for a Transaction, some Merchants may not permit you to combine the use of your Card with other payment methods.

7.4. If for any reason a Transaction is carried out but its amount exceeds the Available Balance, you must pay us the deficit immediately, and if you fail to do so after receiving an email notification from us, we reserve the right to take all necessary steps, including legal action, to recover this deficit.

7.5. There are certain circumstances where a Merchant may require you to have an Available Balance greater than the value of the Transaction you wish to make. You will only be charged for the actual and final value of the Transaction you make. Merchants request this, as they may need to access more funds than you initially planned to spend for example, when making hotel or rental car reservations. In the event that a Merchant has prior authorisation on your Card, you will not have access to the relevant funds until the Transaction is completed or, if sooner, up to a period of 30 days.

7.6. Your Card cannot be used where such Merchants are unable to obtain online authorisation that you have sufficient Available Balance for the Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths). We accept no liability if a Merchant refuses to accept payment using the Card.

7.7. You may be eligible for rewards, gifts and loyalty points (“Premium Services”) as a result of your use of the Card. Such Premium Services are not provided by TPL and are not governed by this Agreement. TPL accepts no liability for your use of the Premium Services. For more information on Premium Services, please refer to the Website.

7.8. You must not use the Card for:

• pre-authorised regular payments; or
• Transactions at self-service petrol pumps;
• Payments for toll roads; or
• any illegal purposes.

8. Authorising Transactions

8.1. You will need to give your consent to each Transaction so that we can check it is genuine by, where applicable, submitting or using your PIN or other security code personal to you and/or your Card (for example, by using 3D Secure). For the avoidance of doubt, any Transaction you authorise using 3D Secure shall be automatically considered a Transaction which you have authorised.

8.2. The time of receipt of a Transaction order is when we receive it. If a Transaction order is received after 4pm on a Business Day then it will be deemed to have been received on the next Business day.

8.3. Once a Transaction has been authorised by you and received by us, it cannot be revoked.

8.4. Where a Merchant’s payment service provider is located within the EEA and the payment services being carried out are in the currency of an EEA Member State, we shall ensure the cash transfer to the Merchant’s payment service provider within 4 Business Days following the day on which the Transaction order is received.

8.5. Your ability to use or access the Card may occasionally be interrupted, for example if we need to carry out maintenance on our systems or websites. Please contact Customer Services to notify us of any problems you are experiencing using your Card or Account and we will endeavour to resolve as soon as possible.

9. Additional Cards

9.1. At our sole discretion and provided you have provided sufficient KYC information/documents (in accordance with clause 3.5), you may be eligible to apply for up to 3 Additional Cards connected directly to your Account, for use by Additional Cardholders by contacting Customer Services or accessing the relevant area in your Mobile App account or Wega Account.

9.2. Additional Cardholders must be at least 18 years old or, provided that you are legally responsible for them, at least 13 years old. Transactions by persons under 18 years of age may not be allowed by some Merchants but in each and every case, you shall be responsible for any use of any Additional Cards. We may request KYC for each Additional Cardholders as required.

9.3. The use of Additional Cards is always subject to the validity of the related Primary Card. Additional Cards may not be used if the related Primary Card has expired.

9.4. If your Additional Card application is successful, we will send you an Additional Card, which will be subject to a Fee and which you may give to the nominated Additional Cardholder for their exclusive use, provided that:

i.   you provide the Additional Cardholder with a copy of these terms and conditions (which will then bind use by both of you);

ii.  the Additional Card is used only by that Additional Cardholder;

iii. you retain the Primary Card for your sole and exclusive use in accordance with this Agreement;

iv. all Transactions made on the Additional Card shall be considered as having been authorised directly by the Primary Cardholder, who shall be responsible for such Transactions and any applicable Fees.

9.5. Funds cannot be loaded directly on to Additional Cards, which will be connected to the same Account as the Primary Card. Only Primary Cardholders may load Additional Cards and they can do so by transferring funds from their Account.

9.6. You must ensure that any Additional Cardholders under 18 years of age do not use a Card for any purpose for which the minimum age is at least 18 e.g. purchase of alcohol, adult entertainment or gambling.

10. Managing & Protecting Your Account and Card

10.1. Following activation of your Physical Card, we shall send you a PIN for use with your Physical Card by notifying you in your Mobile App Account or Wega Account. You will need this PIN in order to authorise certain Transactions.

10.2. If you forget your PIN, you can retrieve it by accessing your Mobile App Account or Wega Account.

10.3. When ordering a Primary Card on the Website, you will be prompted to create a Username and Password. You will need this Username and Password to access your Wega Account and perform the following functions (as well as any other functions specified in the Website) in relation to your Card online:

i.   change your telephone number;
ii.  check your Available Balance;
iii. check your Transaction Details; and
iv. change your Password.

10.4. We recommend that you check your Wega Account and Transaction history on a regular basis as they are updated continuously.

10.5. Other than in relation to an Additional Cardholder, you must not give your Card to any other person or allow any other person to use it.

10.6. You are responsible for your Account, Card, PIN, Mobile App Account, Wega Account and any related security details and must take all possible measures to keep them safe and entirely confidential. Such measures include (but are not limited to):

i.   memorising your PIN as soon as you receive it;
ii.  never writing your PIN on your Card or on anything you usually keep with your Card;
iii. keeping your PIN secret at all times for example, by not using your PIN if anyone else is watching;
iv. not disclosing your PIN to any person, except that you may disclose the PIN orally (but not in writing) to an Additional
Cardholder.

10.7. Failure to comply with this condition 10 may affect your ability to claim any losses in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with undue delay or with gross negligence. In all other circumstances, your maximum liability shall be as set out below at condition 14.

10.8. If you believe that someone else knows your Wega Account, PIN or Card security details, you must contact Customer Services immediately.

10.9. Once your Card has expired or if it is found after you have reported it as lost or stolen you must destroy it by cutting it in two through the magnetic strip and the EMV chip.

10.10. In the event that we suspect or believe that your Card may be subject to any fraud or security threats, we will notify you securely via telephone during which we will ask you to answer security questions in order to verify your identity.

11. Cancellation

11.1. You may cancel your Card free of charge before activating or using it, and up to 14 calendar days after the date of activation (the Cancellation Period) by writing to Customer Services. This does not apply to replacement Cards where the cancellation period for the original Card has expired.

11.2. You may terminate your Card at any time after the Cancellation Period by contacting Customer Services and exercising your redemption rights under condition 12. You will not be charged for cancelling your Card but a redemption Fee may apply if you choose to redeem all of your Available Balance.

11.3. Once we have received all necessary information from you (including KYC) and all Transactions and applicable fees and charges have been processed and deducted, we will refund any Available Balance to you provided that:

i.   you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or
gross negligence; and

ii.  we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any
regulatory authority.

11.4. Once your Card and Account have been cancelled, it will be your responsibility to destroy your Physical Card(s).

11.5. If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges
or fees incurred using the Card(s) or we receive a reversal of any prior funding Transaction, we will notify you of the
amount and you must immediately repay to us such amount on demand.

12. Expiry & Redemption

12.1. You will not be able to use any of your Cards following the Expiry Date of your Primary Card. This Agreement shall terminate on the Expiry Date unless you are issued with a replacement card. Upon expiry of your Primary Card, you will still be able to obtain a refund of any Available Balance in accordance with condition 12.2, or you may choose to transfer the remaining funds to a replacement Card by contacting Customer Services. Only Primary Cards will be replaced in accordance with this condition; you may apply for replacement Additional Cards in accordance with condition 9.

12.2. You can terminate this Agreement, and redeem your Available Balance by contacting Customer Services at any time. When we process your redemption request, we may require you to provide us with KYC information and/or documents in order to verify your Personal Details in accordance with legal requirements. There is a delay of sixty (60) days in order to verify settlement of any outstanding transactions against your Account. We may charge a redemption Fee if you request redemption of your Available Balance before, or 12 months after, expiry of this Agreement. Any such Redemption Fee is set out in the Fees & Limits Schedule.

12.3. We shall have the absolute right to set-off, transfer, or apply sums held in your Account or Cards in or towards satisfaction of all or any liabilities and fees owed to us that have not been paid or satisfied when due.

13. Termination or Suspension of your Card and Account

13.1. We may terminate this agreement at any time:

1. by giving you two month’s advance notice (provided to the email address that you have provided us with);
2. with immediate effect if:
   a. we discover any of the information that you provided to us when you applied for the Card was incorrect or false; or
   b. you fail to provide the Personal Data necessary for us to comply with our legal obligations as an e-money issuer and to fulfil this Agreement;
   c. you have breached this Agreement or we have reason to believe that you have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your Transactions due to the actions of third parties;
   d. there are exceptional circumstances.

13.2. We can suspend your Card at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:

i.   we discover any of the information that you provided to us when you applied for your Card was incorrect; or
ii.  a Transaction has been declined because of a lack of Available Balance; or
iii. we reasonably suspect that the security of the Card has been compromised or that you, or any third party, have used, or
intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes; or
iv. if we cannot process your Transactions due to the actions of third parties; or
v. you have breached this Agreement.

13.3. In the event that we do suspend or terminate your Card then, where lawfully permitted, we shall notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place.

14. Loss or Theft of your Card.

14.1. You are responsible for protecting your Card as if it were cash in your wallet – if it is lost or stolen, you may lose some or all of the money on your Card. In the same way as if you lost your wallet unless you contact us as specified in this condition.

14.2. You must contact us immediately by calling Customer Service if you know or suspect that a Card is lost, stolen, misappropriated or subject to unauthorised use or that the PIN or any Card related security details is known to an unauthorised person or you think that a Transaction has been incorrectly executed.

14.3. You shall be liable for up to a maximum of €50 of losses due to unauthorised Transactions made before you informed us about the theft, loss or misappropriation of the Card. If our investigations reveal that you authorised a disputed Transaction or that you acted fraudulently or that you negligently or with intent breached the terms of this Agreement (for example, by not keeping your Card or PIN safe), you may be liable for any loss we suffer due to use of the Card.

14.4. Once a loss, theft or unauthorised use of your Card is reported, use of the Card shall be blocked to avoid further losses.

14.5. Replacement Cards will be sent to the most recent address you have provided and will be subject to a Fee.

14.6. You agree to cooperate with our agents, any supervisory authority, the police and us if your Card is lost, stolen or if we suspect fraudulent use of the Card.

14.7. In the event that you inform us of an unauthorised or incorrectly executed Transaction without undue delay, and in any event no later than 13 months after the debit date, we will refund the amount immediately unless we have any reason to believe that the incident may have been caused by a breach of this Agreement, through gross negligence or we have reasonable grounds to suspect fraud.

14.8. In the event of a non-executed or defectively executed Transaction, we will make immediate efforts to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In the event that we are liable for such Transaction, we will refund the amount, together with the amount of any resulting charges to which you may be subject, without undue delay.

14.9. In the event that a Transaction is made which is initiated by a Payee, we will provide a refund of that amount, subject to clause 14.10, only in circumstances where you can prove that:

14.9.1. the exact Transaction amount was not specified when you authorised the payment; and

14.9.2. the amount of the Transaction exceeds the amount that you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case.

14.10. The refund referred to in 14.9 will not be provided if:

14.10.1. the amount relates to currency exchange fluctuations; or

14.10.2. you have given your consent to execute the Transaction directly to us; or

14.10.3. information on the Transaction was provided or made available in an agreed manner to you at least 4 weeks prior to the due date of the Transaction; or

14.10.4. you request the refund from us later than 8 weeks from the date on which it was debited.

15. Payment Disputes

15.1. If you dispute a Transaction that you have authorised and which has been processed on your Card, you should settle this with the person you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your Card.

15.2. If your dispute with a Merchant relating to a Transaction cannot be resolved you should contact us at Customer Services, and we will attempt to assist you as far as is reasonably practicable and may charge you a chargeback-processing Fee.

15.3. If you have reason to believe that a Transaction for which your Card was used was unauthorised or allocated to your Account in error, you may ask us to investigate the Transaction. If we investigate the Transaction, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Transaction was genuine, this will be deducted from your Available Balance and we may charge you an investigation Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.

16. Foreign Exchange

16.1. If you use your Card in a currency other than the currency in which your Card is denominated, the amount deducted from your Available Balance will be the amount of the Transaction converted to your Account currency using a rate set by the Scheme on the date the Transaction is processed. .  You may also be charged a foreign exchange Fee as set out in the Fees & Limits Schedule. In order to allow you to compare charges for currency conversion, you can view the real-time percentage difference between the amount that will be charged on your Card for a foreign currency Transaction (consisting of the mark-up applied by the Scheme as well as any other charges) and the latest available euro foreign exchange rates issued by the European Central Bank. You can view this information on the Website.

17. Our liability

17.1. We shall not be liable for any loss arising:

i.   from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of
funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data
processing systems;
ii.  from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
iii. from any use of this Card that is contrary to this Agreement;
iv. for goods or services that are purchased with the Card; and
v.  for any damages due to loss, fraud or theft that you have reported to us 13 months after the event.

17.2. We will not be liable to you if your contact details have changed and you have not told us.

17.3. Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card.

17.4. Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount.

17.5. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.

17.6. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

17.7. The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.

18. Complaints

18.1. Should you wish to make a complaint about your Card and/or Account, please contact our Customer Care Team at Customer Services detailing the nature of your complaint. You must provide us with all information (including receipts and other documentary evidence, where appropriate) that are relevant to your complaint.

18.2. We take complaints very seriously and value the opportunity they provide to assist us with reviewing the way we do business and helping us meet our customers’ expectations. We expect our Customer Care Team to respond to your complaint within fifteen Business Days.

18.3. If having received a response from our Customer Care Team you are unhappy with the outcome, please contact TPL’s Complaints Department directly in writing via email on complaints@transactpaymentslimited.com.

18.4. If TPL is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of their findings within 35 Business Days of receipt of your original complaint.
18.5. In the unlikely event that we are unable to resolve your issue and you wish to escalate your complaint further, please contact the Financial Services Commission at: Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar or email psdcomplaints@fsc.gi.

19. General Communication

19.1 Any communication from us to you will be given via the Website and/or by notification on your Wega Account
and/or by email or mobile device (using the latest contact details with which you have provided us).

19.2 You may contact us via Customer Service, the details of which are set out in clause 1.

20. Personal Data

20.1. TPL is the Data Controller of your Personal Data associated with the application for and use of this Card only and will collect certain information about the purchaser/ user of the Card in order to operate the Card program. Your provision of your Personal Data and our processing of that data is necessary for each of us to carry out our obligations under this Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Agreement in accordance with clause 13.1(ii)(b) above. There are other legal bases on which we rely in order to process your Personal Data and these are set out in our Privacy Policy.

20.2. We/Program Manager will only send you marketing material where you provide your explicit consent for us to do so. You can opt out of receiving marketing material at any time, as detailed in the Privacy Policy.

20.3. We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it and the conditions under which we may disclose it, please refer to our Privacy Policy which is provided to you at the time we collect your Personal Data.

21. Changes to the Terms and Conditions

21.1. We may update or amend this Agreement (including our Fees & Limits Schedule). Notice of any changes will be given on the Website and by notification by e-mail or by means of mobile device (provided that you have provided us with an up-to-date email address and mobile phone number) at least 2 months in advance. 

21.2. If you do not agree with the changes to the Agreement, you may at any time within the 2 months’ notice period terminate your Agreement in accordance with our cancellation policy (condition 11) and can redeem any unused Available Balance at that time without incurring a Fee.   You will be deemed to have accepted any change to this Agreement unless you notify us of any objection before the proposed date of the change.

21.3. If any part of this Agreement is inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

22. Language

22.1. The English language version of this Agreement and of any communications and Website content will prevail over any other language version which we may issue from time to time.

23. Miscellaneous

23.1. This Agreement is governed by Gibraltar law and you agree to the non-exclusive jurisdiction of the courts of Gibraltar.

23.2. Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time. 

23.3. The Card is a payment service product and not a deposit or credit or banking product and, as such is not governed by the Deposit Security Scheme of Gibraltar.  We will safeguard your funds so that they are protected in accordance with applicable law if we become insolvent.

23.4. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

23.5. You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement.