These terms and conditions apply to your Yoursafe Debit Card ("YDC"). You must read them carefully. In these terms and conditions "you" means the named Yoursafe Account holder and the authorised user of the YDC. "We", "us" or "our" means Yoursafe B.V., doing business as Yoursafe ("Yoursafe"). "Website" means our website at www.yoursafe.com and you.yoursafe.com.
Your Yoursafe Visa Card
You can use the YDC at any location that displays the Visa Acceptance Mark, including shops, restaurants, online, or by the telephone. You can also use your YDC overseas. For overseas payments, these terms and conditions shall, unless stated otherwise, equally apply for payments made to payment service providers outside the European Economic Area (EEA) as will payments in non-EEA currencies to payment services providers within the EEA. You'll no longer be able to pay charges for anyone you're making a payment to within the EEA (regardless of the currency of the transfer). The European Economic Area (EEA) includes all the member states of the European Union, Iceland, Norway and Liechtenstein. You will not be able, and should not attempt to use your YDC after its expiry date. Your YDC is not a credit card and is only connected to your basic payment account with Yoursafe ("Yoursafe Account") for the purposes of loading the card.
Applying for and activating your YDC
To apply for a YDC, you must be at least 18 years old and a resident in one of the countries where Yoursafe operates and where the YDC is available through the Yoursafe Debit Card Issuer which is mentioned in Article 19 of these Yoursafe Debit Card Terms and Conditions. We will require evidence of who you are and your address. We may ask you to provide some documentary evidence to prove this and/or we may carry out checks on you electronically. You must sign the signature strip on the back of the YDC as soon as it is received. Yoursafe does not provide any secondary cards. By using the YDC, you are agreeing to these terms and conditions.
Using your YDC
Detailed instructions on how to use your YDC are found on the Website. You will need to follow these instructions when using your YDC. We will deduct the value of your transactions from the balance of your Yoursafe Account. We will also deduct any applicable fees as soon as they become payable by you, see our Fees section below for details of our fees. The YDC belongs to us. We may ask you to stop using your YDC and return it to us or destroy it. We may at any time suspend, restrict, or cancel your YDC or refuse to issue or replace a YDC for reasons relating to the following: A. we are concerned about the security of your account or the YDC we have issued to you; B. we suspect your account is being used in an unauthorised or fraudulent manner; C. we have terminated your Yoursafe Account or D. we need to do so to comply with the law and/or instructions from a supervisory authority. If we do this, we will tell you as soon as we can or are legally permitted to do so after we have taken these steps. Like other payment cards, we cannot guarantee a retailer will accept your YDC. We may also refuse to pay a transaction: A. if we are concerned about the security of your YDC or we suspect your YDC is being used in an unauthorised or fraudulent manner; B. If sufficient funds are not available in your Yoursafe Account; C. if there is an outstanding Shortfall on the YDC in accordance with condition 12; D. if we have reasonable grounds to believe that you are acting in breach of this agreement; E. if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or F. because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions. 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 us on +31205315700.
Authorising Transactions
Subject to the features of the particular YDC, the authorisation of a transaction can include authorising any single transaction, a series or recurring transactions (including transactions for an indefinite period) or pre-authorising future transactions of a certain or uncertain amount. A YDC transaction will be regarded as authorised by you where you: A. authorise the transaction at the point of sale by following the instructions provided by the merchant or retailer to authorise the transaction, which may include: i. entering your PIN or providing any other security code; ii. signing a sales voucher; iii. providing the YDC details and/or providing any other details as requested; iv. waving/swiping the YDC over a card reader or inserting your YDC into a card reading device for the purpose of making a payment; B. insert a YDC and enter your PIN to request a cash withdrawal at an ATM; C. make a request for a cash advance at any bank counter. Authorisation for a transaction may not be withdrawn (or revoked) by you after the time it is received. However, the following transactions may be withdrawn if you give written notice to the supplier (providing a copy of the notice to us): any transaction which is agreed to take place on a date later than the date is was authorised as long as notice was provided no later than the close of business on the business day before it was due to take place.
Funds to cover the authorised transactions received by us will be blocked on your Yoursafe Account and paid over to the merchant acquirer within 3 days following the receipt by us of the instruction to make payment. A transaction (the payment order) will be received as follows: A. for purchases and ATM transactions, at the time we receive the transaction instruction from the merchant acquirer or ATM operator; B. for other transactions which are communicated directly to us, at the time you ask us to complete the transaction; C. If, in relation to; i. purchases and ATM transactions, we receive the transaction instruction from the merchant acquirer or ATM operator; or ii. other transactions communicated directly to us, you ask us to complete the transaction after 15:00 the transaction instruction or request will be deemed to have been received by us on the following business day.
For card-based payment transactions where you do not know the exact amount of the payment transaction at the time you authorise it, we will not block funds on your Yoursafe Account unless you authorise the exact amount to be blocked. This could be the case for payments you make at hotels or at fuel stations for example. We shall release any blocked funds without undue delay as soon as we are aware of the exact amount of the payment transaction and immediately after receipt of the relevant payment order.
We can already return money paid to your YDC by mistake to the paying payment service provider in the EEA. However, if you don't think a payment made to you from a payment service provider in the EEA was a mistake, we may also be allowed to share your personal information with the paying payment service provider so that you can be contacted directly. This is because we are required to cooperate with other payment service providers and share all relevant information in order to assist with tracing money which is sent to the wrong person.
If you are able to make payments directly from your Yoursafe account to another person and if a payment you asked us to make within the EEA arrives later than it should have, you can ask us to contact the receiving bank and ask them to treat it as if it was made on time.
Cancellation and expiry of your YDC.
This agreement will continue indefinitely unless terminated by either card cancellation,expiry or termination of the Yoursafe Account. You have a legal right to cancel your YDC up to 14 days after you receive the YDC without being charged the Annual Fee – this 14 day period is known as the "Cooling-Off Period". Under these terms and conditions, you also have the right to cancel your YDC at any time after the 14 day Cooling-Off Period without notice. We may also cancel your agreement for any reason by giving you at least 2 month’s notice: A. if this agreement or your YDC expires on a set date and we have not agreed to renew this Agreement; B. if you break an important part of this agreement, or repeatedly break the agreement and fail to resolve the matter in a timely manner; C. if you act in a manner that is threatening or abusive to our staff, or any or our representatives; D. if you fail to pay fees or charges that you have incurred or fail to put right any Shortfall; or E. in the event of your death. We may also cancel this agreement or suspend your YDC or Yoursafe account immediately if we believe your YDC is deliberately being used by you to commit fraud or for other illegal purposes. If we do this, we will tell you as soon as we are permitted to do so. If your YDC is cancelled, we will immediately block your YDC so it cannot be used. You will not be entitled to a refund of money you have already spent on transactions authorised, or pending or any fees for use of the YDC before the YDC is cancelled or expired. You can cancel your YDC by sending an email to us using the "contact us" function on the Website, and confirming that you have destroyed your YDC. Your YDC will be valid for 36 months. Shortly before expiry of your YDC, we will contact you to ask whether you require a replacement card. If you promptly confirm to us that you wish to receive a replacement card, then subject to receiving acceptable evidence of identity from you, we will issue a replacement card before expiry of your card. When we issue a replacement YDC we may charge a fee.This agreement will continue indefinitely unless terminated by either card cancellation,expiry or termination of the Yoursafe Account. You have a legal right to cancel your YDC up to 14 days after you receive the YDC without being charged the Annual Fee – this 14 day period is known as the "Cooling-Off Period". Under these terms and conditions, you also have the right to cancel your YDC at any time after the 14 day Cooling-Off Period without notice. We may also cancel your agreement for any reason by giving you at least 2 month’s notice: A. if this agreement or your YDC expires on a set date and we have not agreed to renew this Agreement; B. if you break an important part of this agreement, or repeatedly break the agreement and fail to resolve the matter in a timely manner; C. if you act in a manner that is threatening or abusive to our staff, or any or our representatives; D. if you fail to pay fees or charges that you have incurred or fail to put right any Shortfall; or E. in the event of your death. We may also cancel this agreement or suspend your YDC or Yoursafe account immediately if we believe your YDC is deliberately being used by you to commit fraud or for other illegal purposes. If we do this, we will tell you as soon as we are permitted to do so. If your YDC is cancelled, we will immediately block your YDC so it cannot be used. You will not be entitled to a refund of money you have already spent on transactions authorised, or pending or any fees for use of the YDC before the YDC is cancelled or expired. You can cancel your YDC by sending an email to us using the "contact us" function on the Website, and confirming that you have destroyed your YDC. Your YDC will be valid for 36 months. Shortly before expiry of your YDC, we will contact you to ask whether you require a replacement card. If you promptly confirm to us that you wish to receive a replacement card, then subject to receiving acceptable evidence of identity from you, we will issue a replacement card before expiry of your card. When we issue a replacement YDC we may charge a fee.
Keeping your YDC secure.
You should treat your YDC like cash. You must keep your YDC safe and not let anyone else use it. You must keep your PIN secret at all times. You should memorise the PIN, and never disclose the PIN or security information to anyone. If you suspect that someone else knows your PIN, you should change it as soon as possible. You can change your PIN to something more memorable at most ATM machines by following the on screen instructions. We recommend that you check the balance on your Yoursafe Account regularly online at the Website. We will provide you with transaction information of your YDC usage by electronic means or on our secure webpage at any time. Your statement will show: A. information relating to each YDC transaction which will enable it to be identified; B. the amount of the YDC transaction shown in the currency in which the transaction was paid or debited to the Yoursafe Account; C. the amount of charges for the transaction and D. the date the transaction is authorised or posted on to the account.
Lost and stolen YDC and unauthorised or incorrectly executed payments.
You must tell us without undue delay by calling us on our 24 hour lost and stolen card helpline on the toll free line +80044229999 if you know or suspect that a YDC is lost or stolen or that the PIN or password is known to an unauthorised person or if you think a transaction has been incorrectly executed. If you ask us to do so, we will investigate any disputed transaction or misuse of your YDC and we may need more information and assistance from you. We will refund any incorrectly executed transaction immediately unless we have any reason to believe that the incident has been caused by a breach of this agreement, gross negligence or we have reasonable grounds to suspect fraudulent activity. If our investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence (for example by failing to keep your YDC or PIN secure), we may reverse any refund made and you may be liable for any loss we suffer because of the use of the YDC.
Our liability
We will not be liable for any loss arising from: A. any cause which results from abnormal or unforeseen circumstances beyond our control, consequences which would have been unavoidable despite all our efforts to the contrary; B. a retailer refusing to accept your YDC; C. our compliance with legal and regulatory requirements; or D. loss or corruption of data unless caused by our willful default. We are also not liable for: A. business interruption, loss of revenue, goodwill, opportunity or anticipated savings; or B. any indirect or consequential loss. We reserve the right to charge you for any reasonable costs that we incur in taking action to stop you using this YDC and to recover any monies owed as a result of your activities.
Refunding Transactions.
You may be entitled to claim a refund in relation to transactions where: A. the transaction was not authorised under this agreement; B. we are responsible for a transaction which was incorrectly executed notified us in accordance with section 7 above; C. a pre-authorised transaction did not specify the exact amount at the time of its authorisation and the amount charged by a supplier is more than you could reasonably have expected taking into account normal spending patterns on the YDC or the circumstances of the transaction; or D. we were notified of the unauthorized/incorrectly executed transaction within 13 months of the debit date. If you tell us about an incorrect payment more than 13 months after it was made, we will not give you a refund but we will try and trace it for you. We may charge you a reasonable fee to cover our costs in doing this.
Third Party Providers.
You can choose to allow a Third Party Provider (TPP) to access information on your Yoursafe account, to combine and display information about your Yoursafe account with information from accounts you have with other payment service providers, and, if applicable to your payment instrument, to make payments for you from your account, provided the TPP is authorised by the FCA or another European regulator and you have given your explicit consent. If you do, you must keep us informed of any incorrect or unauthorised transactions that happen so we can take steps to stop further misuse of your payment instrument and arrange any refund you've been entitled to. If you are thinking of using a TPP, it is important you check with the regulator whether it is authorised before you use it. We can refuse or stop access to a TPP if we're concerned it isn’t authorised or if we believe it's fraudulent or acting fraudulently. If that happens, we'll contact you to explain why unless we believe that would compromise our security or it would be unlawful. This condition will not affect any customers who do not use TPPs.
Changes to these Terms.
We may change these terms at any time by notifying you by e-mail or other agreed means at least 2 months before the change is due to take effect. The up-to-date version of the YDC terms and conditions will always be available on the Website. The change will automatically take effect and you will be taken to have accepted the notified change unless you tell us that you do not agree to the change. In that event, we will treat that notice as notification that you wish immediately to terminate. We may make immediate changes to the exchange rate used to convert foreign transactions into Euro. For all transactions made in a foreign currency you can find out what the applicable exchange rate was at the time of the transaction by contacting our Customer Services Team.
Fees and Usage Restrictions.
Please see the Price Chart on the Website for a list of all fees you owe us. When you use your YDC at an ATM, you may also be subject to applicable fees, surcharge rules and regulations of the relevant ATM, or other financial institution or association. If we decide to increase or impose any new fees, we will tell you by e-mail, text, or post, at least two months before any changes take effect. Authorisation will be requested for all transactions at the time of each transaction. In the unlikely event, for any reason whatsoever, a transaction is completed when there are insufficient funds on the Yoursafe Account linked to your YDC for that transaction (a "Shortfall"), the Shortfall shall be reimbursed by you unless it is due to an error on the part of the retailer where the – Card was presented, in this circumstance we may seek the Shortfall from the retailer. You agree that once we make this Shortfall known to you, we may charge you for the Shortfall amount. We may charge the amount of the shortfall from your Yoursafe Account. Until we are reimbursed the Shortfall amount, we may suspend your YDC.
Your Details
You must let us know as soon as possible if you change name, address, phone number or e-mail address. Any e-mail to you will be treated as being received as soon as it is sent by us. We will not be liable to you if your contact details have changed and you have not told us. We may need to contact you urgently if we suspect or find fraudulent activity has occurred on your account (provided we are not prohibited from doing so by law) or if we suffer a security threat. To do so, we may (for example) send you a text message instead of calling or emailing you, if we think this is the quickest way to contact you. When we contact you, we will also give you information on how you can minimise any risk to your payment instrument depending on the nature of the security threat. We’ll use the same contact details which you have already provided us with when contacting you. You must inform us immediately if your personal details or contact information change. You agree that we can use your personal information in accordance with our Privacy Policy. Our Privacy Policy is set out on the Website (see: https://www.yoursafe.com/en/privacy-policy.html), it includes details of the personal information that we collect and how it will be used.
Document retention.
We store documents for as long as it is needed to fulfil the purpose for which they were collected notwithstanding any statutory retention obligations, in particular according to tax, accounting or regulatory laws. Generally, we will keep our client file for 5 (five) years after the Yoursafe Account is closed.We store documents for as long as it is needed to fulfil the purpose for which they were collected notwithstanding any statutory retention obligations, in particular according to tax, accounting or regulatory laws. Generally, we will keep our client file for 5 (five) years after the Yoursafe Account is closed.
Disputes with Retailers.
If you have any disputes about purchases made using your YDC, you should settle these with the retailer you bought the goods or services from. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with your YDC. Remember that once you have used your YDC to make a purchase we cannot stop that transaction.
Complaints
The Yoursafe Debit Card programme is managed by Yoursafe B.V. If you are unhappy in any way with your YDC or the way it is managed, tell us by post, e-mail or phone, using the details given within the Contact Page on the Website so we can investigate the circumstances for you. Any complaints you have will be dealt with quickly and fairly, within 15 business days but up to 35 business days in exceptional circumstances. Should we fail to respond within 15 business days, we will let you know why. You may be able to take unresolved complaints to (i) the Klachteninstituut Financiele Dienstverlening (Kifid), P.O. Box 93257, 2509 AG The Hague, Netherlands. Telephone: +31703338999.
Assignment
We may assign the benefit and burden of these terms and conditions to another company at any time. If we do this, your rights will not be affected You consent to such transfer, subject to your right to terminate this agreement.
Governing Law
This Agreement is concluded in English. All communications with you will be in English. These terms and conditions will be construed in accordance with the law of the Netherlands. The district court of Amsterdam, the Netherlands, has exclusive jurisdiction to decide in the first instance in disputes, unless mandatory law provides for jurisdiction of a different court.
Fund Protection
As a responsible financial institution, Yoursafe ensures that funds in your Yoursafe Account are secured, specifically for the purpose of redeeming transactions made by your YDC. In the event that Yoursafe B.V. ("Yoursafe") becomes insolvent funds that you have on your Yoursafe Account are protected against the claims made by creditors
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