Please read these terms and conditions carefully as they contain important information about your obligations and how the Symantec SymPlus Programme works.
1. Definitions. In these terms and conditions the following words have specific meanings (unless the context clearly indicates otherwise) -
Individual Participant means an individual who wants to participate in the Programme, who is employed by a Company Participant, and who agrees to the terms and conditions set out here.
Participant means an Individual Participant and/or a Company Participant as the context requires.
Programme means the Symantec SymPlus Programme.
Programme Guide means the programme guide setting out the Programme specifics.
"Programme Site" means the website for the operation of the Programme.
Promoter means Symantec Ltd, an Irish corporation maintaining its principal place of business at Ballycoolin Business Park, Blanchardstown, Dublin 15, Republic of Ireland, or its successors.
2. The Programme. The Programme supports valuable engagement with Symantec's channel partners, as may be specified in the Programme Guide and/or on the Programme Site. Under the Programme, Participants have the opportunity, to earn Symplus points. Further promotions may be offered under this Programme subject to separate terms and conditions which will be made available, as applicable on the Programme Site. To be eligible for any reward under the Programme the Participant must comply with the rules of the particular reward which will be notified on the Programme Site.
3. SymPlus points. One of the types of rewards within the Programme is described as "SymPlus points". When the Participant meets the requirements of the reward their Programme account will be credited with a number of SymPlus points in accordance with a formula, usually based on the Symantec product and number of nodes/appliances sold; such formula to be specified in the Programme Guide and or Programme Site as applicable. SymPlus points may be accumulated and redeemed via the Programme Site during the term of the Programme for Euro denominations loaded to a Symantec Symplus Prepaid MasterCard®. Where SymPlus points are awarded according to a formula, the Promoter reserves the right to round the reward down to the nearest single SymPlus point. The Promoter reserves the right to change the formula at any time by updating the Programme Guide and/or Programme Site as applicable; such change being effective upon posting such change. Participants can request this formula by emailing support@symplus-emea.com. Note that in Germany and Israel only Company Participants are eligible to earn SymPlus points.
4. Company Participants. Company Participants may participate in the Programme by registering online at www.symplus-emea.com. The registration form must be completed by a senior staff member with authority to bind the Company Participant. By submitting the registration form such senior staff member warrants that it has such authority to so bind the Company Participant and that the Company Participant agrees to these terms and conditions. The Promoter or its agency or any party designated by either of the foregoing may confirm applications to register by contacting the Company Participant's senior staff on the Promoter's existing database of contacts by email or otherwise.
5. Individual Participants. Individuals may participate in the Programme, but only if they are of the age of majority in the Territory (as defined below), based in the Territory, employed by a Company Participant, registered for the purposes of this promotion and have themselves registered online at www. www.symplus-emea.com. By submitting a registration online and/or participating in the Programme, Individual Participants expressly accept these terms and conditions. The Programme is not open to employees or contractors of the Promoter or any of its business units or any person directly or indirectly involved in the organisation or running of the Programme, or their direct family members. By participating in this Programme, Individual Participants undertake that they have the prior explicit authorization of their employer to enter into the Programme and all promotions and other aspects of the Programme. This includes but is not limited to ensuring that their employer is fully aware of all transactions relied upon by the Participant in registering any claim under the Programme. Participation in the Programme should not compromise Participants' obligation to give honest advice to customers. Individual Participants are also responsible for ensuring that they act in accordance with local social security and tax obligations insofar as they might apply to participation.
6. Registrations subject to approval. All registrations are subject to approval by the Promoter, who may give or decline approval to participate in the Programme or any promotions running on the Programme at any time in its absolute discretion. The Participant shall be notified accordingly and shall have no right to appeal against any such notification.
7. Suspending or terminating Company Participants' registration. The Promoter may suspend or terminate the Company Participant's registration at any time upon giving the Participant notice for any of the following reasons: (a) because of a dispute with the Company Participant; (b) for late payment of charges of the Promoter's invoices if applicable; (c) for non-compliance by the Company Participant or any of its staff including Individual Participants with the rules of the Programme or any contract with the Promoter; (d) in the event of cancellation or disruption of any contract with the Promoter; (e) if the Company Participant contracts with a third party whom the Promoter reasonably considers to be a competitor; (f) a change in ownership or control of the Company Participant other than for purposes of normal amalgamation or reconstruction; (g) for unreasonable delay in passing any order(s) through to the Promoter (in the case of distributors) or to distributors (in the case of re-sellers); (h) in the case of Company Participants who are distributors, for exceeding mutually agreed SymPlus points claims rejection rates; (i) pending investigation of a complaint raised against the Company Participant or (j) for any other appropriate reason, as the Promoter may in its absolute discretion decide. If the Promoter suspends or terminates a Company Participant's registration then Individual Participants who are employed by that Company Participant will no longer be eligible to participate in the Programme, except that they will have 30 working days in which to redeem any accumulated rewards, subject to the expiry date on the Symantec SymPlus Prepaid MasterCard®.
8. Suspending or terminating Individual Participants. The Promoter also reserves the right to suspend or terminate any Individual Participant's Programme registration upon giving notice: (a) for providing incomplete, inaccurate or fraudulent information to the Promoter at any time; (b) for non-compliance with these terms and conditions; (c) if their role within the Company Participant changes such that they are no longer eligible to participate, or they work in a country that is not listed with the Territory; (d) in the event of any action or statement on the part of the Individual Participant that is materially inconsistent with their or their employer's business relationship with Symantec; (e) if requested by the management of the relevant Company Participant; (f) if reasonably required by the Promoter on grounds approved by the management of the relevant Company Participant; or (g) if they cease employment at the Company Participant; or (h) for any other appropriate reason as the Promoter may in its absolute discretion decide. Where this happens, the Individual Participant shall be ineligible to participate further in the Programme and shall be ineligible to redeem rewards, including Symplus points, already accumulated prior to such termination. In the case an Individual Participant is suspended from the Programme, such prohibitions shall remain in place unless and until any such suspension is lifted.
9. When Individual Participants leave their employment. Individual Participants who leave the employment of the Company Participant that they registered under this Programme with, will immediately cease to be eligible to participate further in the Programme and must redeem any accumulated rewards and SymPlus points within 30 working days subject to the expiry date on the Symantec SymPlus Prepaid MasterCard® or else forfeit them. It is the responsibility of both the Individual Participant and the Company Participant to inform the Promoter immediately if an Individual Participant leaves the Company Participant's employment. Any Individual Participant who leaves the employment of one Company Participant and joins another Company Participant must, unless the Promoter specifically agrees in writing otherwise, re-register as a new Participant who will then be subject to these terms and conditions and any amendments thereto.
10. Investigations. If the Promoter has any grounds to reasonably suspect that a Participant may have cheated or supplied false or incomplete information for any aspect of the Programme, the Promoter shall be entitled to suspend any applicable SymPlus points pending its investigation (whether in the Company Participant or Individual Participant Programme account). The Promoter hereby reserves the right to make deductions from any Participant's Programme account in the event of fraud by the Participant or if goods are returned under Symantec's Return Materials Authorisation (RMA) process for whatever reason.
11. When these terms and conditions apply. These terms and conditions apply to all activity forming part of the Programme. Particular promotions and prizes may also be subject to specific terms and conditions which will be notified to Participants from time to time.
12. Terminating the Programme. The Programme starts on 25 January 2010 and shall continue until such time as the Promoter terminates or suspends it. The Promoter shall, except where not reasonably practicable, post notice of termination or suspension of the Programme on the Programme Site a minimum of 30 days prior to termination or suspension. The Promoter is not obliged to serve notice on the Company Participant or Individual Participants.
13. Effect of termination on SymPlus points. Any rewards, incentives or SymPlus points left on a Participant's account on termination of the Programme will be forfeited. Any redeemed SymPlus points remaining on a Participant's Symantec SymPlus Prepaid MasterCard® on termination of the Programme or on expiry of the card will be forfeited.
14. Contacting employees. Unless otherwise agreed in writing, by registering for the Programme on the Programme Site and providing the contact details of employees, the Company Participant hereby consents, on its own behalf and on behalf of the relevant employees, to the Promoter contacting those employees, using the details stated at registration, in relation to any incentives or products in connection with the Programme. The Company Participant confirms that it is able to give consent in this regard on behalf of the relevant individuals.
15. Checking of claims. Every claim for an incentive or SymPlus points reward will be checked by the Company Participant's Business Decision Maker ("Business Decision Maker") and then by the Promoter. Within 30 working days of a claim being submitted by an Individual Participant, the related Business Decision Maker must check if the claim is valid. If the Business Decision Maker does not do this, within this 30-day timeframe, the claim is forfeited and will be removed from the Programme Site. The Promoter is not responsible for any incentives or SymPlus points that are forfeited because Company Participants' Business Decision Makers have failed to meet this deadline. Once the claim has been approved by the Business Decision Maker the Promoter will check the claim is valid and in the event of any disputes between these parties, the Promoter has the final decision. The Promoter reserves the right to claw back SymPlus points from the Participant's Programme account if the Promoter has approved a claim in error or if the Promoter reasonably believes that the Participant is acting in bad faith. Once the Promoter has accepted or denied the claim this will show up in the Individual Participants' or Company Participants' user account on the Programme Site.
16. Tax and other liabilities. In certain countries, the provision of, or receipt of rewards and other incentives under the Programme by Individual Participants may trigger tax and/or other liabilities on the part of the Company Participant and/or the relevant Individual Participant. By submitting a registration form, the Participant confirms that they understand this and agree to declare and pay promptly any such taxes, contributions or payments that it is liable to make from time to time. Neither the Promoter nor its agency will be held liable for any such taxes or liabilities. Any rewards obtained by an Individual Participant are one-off, non-continuous benefits and do not give rise to any right to additional remuneration, reward or consideration of any kind whatever (or any expectation thereof) as part of the individual's employment package.
17. Rewards for Individual Participants. For territories other than Germany, Israel, and Hungary rewards and other incentives under the Programme shall, unless the Company Participant and the Promoter agree otherwise, be awarded directly to Individual Participants. In Hungary any reward or incentive is for the Individual Participant only. Where the Company Participant has opted to receive all rewards and incentives on behalf of the Individual Participants, the Company Participant may determine at its sole discretion how those rewards and incentives are used. In Germany and Israel, rewards and incentives are for the Company Participant only and may be used by the Company Participant in such ways as it sees fit in its absolute discretion.
18. Company Participants may choose how rewards distributed. Company Participants may choose to distribute rewards amongst their applicable Individual Participants rather than have the rewards earned directly by their applicable Individual Participants. In such cases the Company Participant will have the right to allocate rewards gained by a group or team of applicable Individual Participants as it sees fit, in its absolute discretion.Note that in Germany and Israel rewards and incentives are for the Company Participant only and may be used by the Company Participant in such ways as it sees fit in its absolute discretion. In Hungary rewards and incentives are for Individual Participants only.
19. Rewards. Rewards must be taken as stated and cannot be deferred. The Promoter reserves the right to introduce a long-stop date by which rewards must be taken. There will be no alternative rewards, cash or otherwise. In particular, SymPlus points may not be exchanged for cash or other consideration. The Promoter reserves the right to change or substitute any reward as may be necessary or as it in its absolute discretion might choose for an item of equivalent or greater value. The Promoter gives no warranty as to the range of participating retail outlets that will be available to the Symantec SymPlus Prepaid MasterCard® or via the Programme Site from time to time. If a recipient of a reward is unable to take up a reward for any reason within such time as the Promoter may reasonably specify, the Promoter reserves the right to award it to an alternative participating party, or withdraw the reward altogether, in either of which cases the original party will not be eligible for any share of the reward whatsoever.
20. No responsibility for lost or late claims. The Promoter does not accept any responsibility for late or lost entries due to Internet failure, technical problems or other causes of whatever nature outside its control. If any coding error or other cause (apart from deliberate action by the Promoter) leads to there being more rewards awarded than there are vouchers available, the Promoter reserves the right to re-value any rewards already awarded and/or to suspend any element(s) of the Programme. The Promoter will take all reasonable steps to try and avoid this possibility. If two or more Participants claim rewards in respect of the same sale the successful Participant shall be the Company Participant and/or Individual Participants] who is the sole or substantial cause of the deal being made and has been booked in by the official Symantec systems, unless Symantec agrees otherwise to award more than one Participant in it sole discretion.
21. Eligibility for claims. To be eligible for rewards, Participants must supply full details as required and comply with all rules. The Promoter accepts no responsibility for ineligible entries or entries made fraudulently or which are in any way misleading to a material degree.
22. Evidence for claims. Company Participant's shall provide on demand such evidence as the Promoter may reasonably require from time to time to substantiate any claim(s) made by itself or its employee Individual Participants in relation to any aspect of the Programme. This may include, without limitation, providing copies of sales invoices in order to confirm achievement of sales targets for particular incentives under the Programme. The Company Participant agrees to check regularly the reports on the Programme Site relating to it and its staff, and to inform the Promoter of any inaccuracy or irregularity.
23. Negative card balances. The Company Participant warrants that it will underwrite any unrecoverable negative card balances resulting from the Company Participant's own Symantec SymPlus Prepaid MasterCard® transactions or Symantec SymPlus Prepaid MasterCard® transactions made by Individual Participants employed by it. Such balances must be made good within 30 working days of written request by the Promoter, failing which interest will be charged at a rate of 3% above the bank rate for the particular country comprising the Territory.
24. Severability. To the extent that any provision of these terms and conditions is found by any court or competent authority to be invalid, unlawful or unenforceable in any country comprising the Territory, that provision shall be deemed not to be a part of these terms and conditions in that country and it shall not affect either (a) the validity, lawfulness or enforceability of that provision in any other country comprising the Territory; or (b) the enforceability of the remainder of these terms and conditions in the relevant country in so far as such terms and conditions can reasonably subsist in the absence of the severed provision.
25. Disputes and cap on liability. In the case of any dispute or any issue as to the interpretation of these terms and conditions, the decision of the Promoter's General Manager shall be final. No correspondence will be entered into. The Promoter accepts no liability whatsoever for any form of loss, of no matter what kind and no matter how arising. If, however, this exclusion is declared invalid by any court or competent authority in any country comprising the Territory , the Promoter will assume liability up to a maximum of 2,500 (two thousand five hundred Euro) in that country per claim or series of connected claims. In no event shall the Promoter be liable for any indirect loss, consequential loss, loss of profit, loss of business or goodwill. Where this last provision is also declared invalid in a particular country, the foregoing provision as to assumption of a maximum liability shall apply.
26. Alteration of terms and conditions. The Promoter reserves the right to alter these terms and conditions at its sole discretion, including but not limited to alterations to reflect changes in the law. Any amended version from time to time will be posted on the Programme Site and will be notified by email sent at least 7 days in advance. The amended terms and conditions will be deemed accepted by any Company Participant or Individual Participant who subsequently takes any active step in participating in the Programme.
27. Symplus Prepaid MasterCard® terms and conditions. In order to be eligible for SymPlus points, Participants must agree to be bound by Symplus Prepaid MasterCard® terms and conditions which will be notified to Participants from time to time by Symplus Prepaid MasterCard®. MasterCard® may decline to make a Symantec SymPlus Prepaid MasterCard® available to a Participant in its absolute discretion.
28. Territory. The Territory is Albania, Angola, Armenia, Austria, Azerbaijan, Belgium, Bosnia, Botswana, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Georgia, Germany, Ghana, Greece, Herzegovina, Hungary, Ireland, Israel, Italy, Kazakhstan, Kenya, Kosovo, Kuwait, Kyrgyzstan, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Mauritius, Moldova, Netherlands, Nigeria, Norway, Oman, Poland, Portugal, Qatar, Romania, Russia, Saudi Arabia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tajikistan, Tanzania, Turkey, Turkmenistan, UAE, UK, Ukraine. The Promoter reserves the right to add or remove countries from time to time and shall post details on the Programme Site if it does so. The presence of any name in this list is not to be taken as any form of political statement.
29. Language; Translation. The governing language for communications regarding this Programme will be English. For promotional purposes other languages may be used within the Programme Site and its supporting promotional activities (for example, marketing). Notwithstanding this, English will be used as the primary language for all related validations and correspondence. Translations of these terms and conditions in different languages may be published from time to time on the Programme Site. In the event of any inconsistency between the English language version and the translated version, the English language version shall prevail.
30. Governing Law; Jurisdiction. These terms and conditions shall be governed in accordance with the laws of England, excluding provisions regarding conflicts of law. Participants agree to submit to the exclusive jurisdiction of the English courts for all matters (including contractual and non-contractual disputes) involving this Programme. In the event that the law of any country comprising the Territory in which this Programme operates stipulates that additional or different terms and conditions are required for such country, such additional terms and conditions will apply for that country and must be agreed to by Participants resident in such country. This will be indicated in appropriate format the registration stage for Participants. For any existing Participant, should these terms and conditions require amendment following registration, such additional terms and conditions will be notified to Participant in accordance with the provisions of clause 26 above.
31. Headings used in these terms and conditions are for convenience only and, in the case of any conflict between a heading the relevant clause, the terms of that clause shall prevail.
32. The participation of any Participant in this promotion in no way implies any form of partnership or joint venture with the Promoter.
Symplus Prepaid MasterCard® Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACTIVATE YOUR CARD. THIS INFORMATION FORMS THE TERMS AND CONDITIONS OF YOUR PREPAID MASTERCARD. BY ACTIVATING YOUR CARD YOU ACCEPT THE TERMS AND CONDITIONS AND YOU UNDERSTAND AND ACCEPT THE RISKS HIGHLIGHTED IN PARAGRAPH 2.2 AND 16.4 OF THIS AGREEMENT. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH, PLEASE CONTACT THE PROGRAMME HOTLINE USING THE CONTACT DETAILS AT PARAGRAPH 18 OF THIS AGREEMENT. IF YOU ARE UNDER 18 THEN WE STRONGLY RECOMMEND THAT YOU SPEAK TO YOUR PARENT OR GUARDIAN BEORE YOU ACTIVATE YOUR CARD.
1.Definitions
Account - The electronic account associated with your Card.
Activation Codecode needed to activate Card before it can be used.
Agreement - This Cardholder agreement as varied from time to time.
Available Balance - Value of funds loaded onto your Card and available for use.
Card Your SymPlus Mastercard issued to you under this Agreement.
Card Issuer - Clydesdale Bank PLC, 30 St Vincent Place, Glasgow, G1 2HL, a company registered in Scotland with number SC001111.
Card Number - The card number on the front of your Card.
Cardholder - You, the person entering into this Agreement with us.
Company Means your employer/rewarder at the time the Card is issued and references to Program or Campaign are to that Companys scheme for rewarding you with your Card.
Customer Services The contact centre for dealing with queries about your Card. Contact details for Customer Services can be found in paragraph 18.
Data Protection Act - The Data Protection Act 1998 and any ancillary legislation there under including statutory instruments, codes of practice (all as amended from time to time) and relevant rulings by a competent court or the Information Commissioners Office.
emoney - The electronic money associated with your Card.
Foreign Currency Transaction Any Transaction in a currency other than Euros.
Full Deductible Amount The full transaction amount, including the Transaction itself along with any associated fees, charges and taxes.
MasterCard International Incorporated - MasterCard International Incorporated whose head office is at 2000 Purchase Street, Purchase, New York 10577 USA
Merchant - A retailer, or any other person, firm or corporation that accepts cards which display the MasterCard Acceptance Mark.
PIN Four digit Personal identification number for use with the Card.
Program Hotline - The contact centre for dealing with queries and requests for services in relation to your Card. Contact details for the Program Hotline can be found in paragraph 18.
Program Manager - The Corporate Innovations Company Limited, a company incorporated in England and Wales under company number 02844684, and whose registered address is the Hub Twyford Mill, Oxford Road, Adderbury, Oxon, OX17 3SX.
Transaction - A retail sale, completed by you using your Card.
Website Is the website where you can register for My Account at www.symplus-emea.com Mastercard247.co.uk
We, Us or Our - PrePay Technologies Limited, a company registered in England and Wales with number 04008083 and who can be contacted at PO Box 3371 Swindon SN5 7WJ. PrePay Technologies Limited is authorised and regulated by the Financial Services Authority to issue E-money and is registered with the Financial Services Register with registration number 219619.
You, Your - The Cardholder.
2. Scope of This Agreement
2.1 Your Card is an e-money prepaid card. This is not a credit, charge or debit card.
2.2 Your Card has been issued by the Card Issuer pursuant to licence from MasterCard International Incorporated. We are a registered Service Provider of the Card Issuer. Your rights and obligations relating to the use of this Card are subject to this Agreement between you and us; you have no rights against MasterCard International Incorporated or the Card Issuer or their respective affiliates. If you experience any difficulties in using the Card you should contact the Program Hotline. The E-money associated with this Card is issued by us to the Program Manager, and will be denominated in Euros. The Program Manager will grant to you the right to use our E-money up to the value loaded on each Card however rights (including legal title) associated with the E-money will remain with the Program Manager and do not pass to you. In the unlikely event that we or the Program Manager become insolvent, the E-money on your Card may lose its value and become unusable, and accordingly you may lose your E-money. The Card remains the property of the Card Issuer.
2.3 These terms and conditions are written and available only in English and we undertake to communicate with you in English regarding any aspect of your Card or Account.
3. Receipt and Activation of Cards
3.1 You may have additional cards associated with your Account up to a maximum of 4 additional Cards. As the applicant you are responsible for all additional Cards issued to your Account under this Agreement and any fees or charges these Cards may incur (the additional cardholder will need to activate the additional Card).
3.2 We will issue your Card on the basis of the information provided to us. You agree to ensure that your personal information is accurate and to advise us of any changes as soon as possible so that our records remain correct. You should update any changes to your personal information by visiting the Website or calling the Program Hotline. In particular, you should always keep us informed of changes to your email address.
3.3 Your Card will be posted to your home address. When you receive your Card, you must sign it immediately. You can activate your Card by calling the Program Hotline. Please note that your Card cannot be used until it has been activated.
3.4 When you call the Program Hotline you will need to select the Card Activation option from the menu. You will then be asked to quote your Card Number and your Activation Code which you will find on the letter that came with your card. You may also be requested to provide us with some details to confirm your identity.
3.5 You will be given a 4 digit PIN when you activate your Card. You should never write down your PIN, reveal your PIN to anybody or enter your PIN in a way that it can be easily seen by others. We will not reveal your PIN to a third party. If you forget your PIN, you will need to call the Program Hotline. You should not enter your PIN into any cash machine that does not look genuine, has a suspicious device attached to it or is operating in a suspicious manner. You will be able to change your PIN at any UK Bank cash machine. When you select or change your PIN, you must not select a PIN that can be easily guessed, such as, for example, a number that:
Is easily associated with you, such as your telephone number or birth date;
Is part of data imprinted on the Card;
Consists of the same digits or a sequence of running digits; or is identical to the previously selected PIN.
4. Use of Cards
4.1 Your Card can be used at any Merchant.
4.2 Your Card is a prepaid card, which means that the Card's Available Balance will be reduced by the Full Deductible Amount. The Full Deductible Amount must be less than or equal to the Available Balance on your Card. If the Full Deductible Amount is greater than the Available Balance on your Card, you must not use your Card, however, you are free to ask the Merchant prior to making a payment whether he accepts part payments. Please be aware that the Merchant decides whether or not to accept part payments and that you still have to ensure that the Available Balance on your Card is higher than the amount of the part payment. If, for any reason, a Transaction is processed for an amount greater than the Available Balance on your Card, you must repay the Program Manager the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of receiving an invoice. Should you not repay this amount within 14 days of receiving an invoice from the Program Manager then the Program Manager reserves the right to take all steps necessary, including legal action, to recover any monies outstanding.
4.3 You can check your balance for free by calling the Program Hotline or in the My Account area of the Website.
4.4 Due to security safeguards, Merchants that accept your Card are required to seek authorisation from us for all of the Transactions that you make. There are some circumstances where Merchants 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:
4.4.1 Hotels and rental cars - As Merchants may not be able to accurately predict how much your final bill will be, they may request an authorisation for funds greater than your Available Balance.
4.4.2 Restaurants - You will need to have an Available Balance equivalent to the total cost of the meal plus 20%. This is to accommodate any service charge that could be added to your bill.
4.4.3 Internet Merchants - Certain Internet merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify if funds are available; this will temporarily impact your Available Balance. Also please bear in mind that many sites wont deduct payment until goods are dispatched so please be aware of these variances on cleared funds when checking your balance and ensure that funds are always available to cover your purchases. Your card should not be used as a form of identification. We will decline any authorisation requests from merchants using your card for identification purposes.
4.4.4 In-flight purchases - Merchants may not be able to authorise your Transaction if they cannot obtain an online authorisation from us. Examples include on-board cruise or train charges and some in-flight purchases.
4.5 Your Card cannot be used at petrol stations or other merchants whose main business is the sale of fuel or other sources of primary power.
4.6 You may not use your Card to obtain cash, foreign currency, traveler's cheques, to obtain cash back from any Merchant, to settle outstanding balances on credit cards, bank overdrafts or credit agreements, to pay for memberships or subscriptions by direct debit, or for online gambling and betting transactions.
4.7 The Available Balance on your Account will not earn any interest.
4.8 We may request you to surrender the Card and any additional Cards at anytime for a valid reason in accordance with the provisions at paragraph 13 of these terms and conditions.
5. Top Up of Your Card
5.1 Your Account may hold a maximum balance of 25,000.
5.1.1 Your Account can only be topped up by the Program Manager at its sole discretion following its receipt of instructions from the Company.
5.2 We reserve the right to suspend or terminate the right to top up your Card at anytime without notice.
6. Card Expiry
6.1 The expiry date of your Card is printed on the front of the Card. You must not try to use your Card if it has expired as you will not be able to use it. If you would like to apply for a replacement Card please contact the Program Hotline (fees may apply, see paragraph 10)
6.2 If there is still Available Balance on the Card at the date of expiry then this will also expire and will no longer be available for you to spend unless you have requested a replacement Card, in which case we may transfer your Available Balance to your replacement Card.
7. Cardholer Liability and Authorisations
7.1 We may restrict or refuse to authorise any use of your Card if using the Card is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Card.
7.2 If we need to investigate a Transaction on the Card then you must cooperate with us, the police or any other authorised body if this is required.
7.3 You should never allow another person to use your Card.
7.4 If a Transaction is made that requires use of your PIN, you will be deemed to have authorised that Transaction, and you will be liable for any Transaction made with your PIN.
7.5 You agree to indemnify and hold harmless us and our distributors, partners, agents, sponsors (including without limitation the Card Issuer and MasterCard International Incorporated) and service providers and their group companies for and against the costs of any legal action taken toenforce these terms and conditions and/or any breach of these terms and conditions or fraudulent use of your Card or PIN by or authorised by you.
8. Lost, Stolen,or Damaged Cards
8.1 You should treat the e-money on your Card like cash in a wallet. If you lose your Card or it is stolen you may lose any e-money on it in just the same way as if you lost your wallet.
8.2 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, you must immediately contact the Program Hotline. You will be asked to provide us with your Card Number and some identifying details. You will be liable for any unauthorised Transactions that take place prior to you notifying us and these will reduce your Available Balance. If there is an Available Balance remaining on your Card, we will replace your Card and transfer the last Available Balance onto it. If we replace the Card, the Card should be delivered to your home address within 28 days. (fees may apply, see paragraph 10).
9. Transactions Made in Foreign Currencies
If you make a Foreign Currency Transaction, the amount deducted from your Account will be converted to Euros on the day we receive details of that Foreign Currency Transaction. We will use an exchange rate set by MasterCard. This rate will include a Foreign Exchange Fee (see paragraph 10). Exchange rates can fluctuate and they may change between the time a Transaction is made and the time it is deducted from your Available Balance.
10. Fees
10.1 The Cards are subject to certain fees as follows:
- Foreign Exchange Fee for Merchant Transactions: 3.5%of Transaction amount
- Replacement Card: 7.50
- Personal Data Inspection: 10
10.2 We will deduct any taxes or charges due from the Available Balance on your Card. If there is no Available Balance of funds on your Card, or taxes or charges exceed the balance of funds available, the Program Manager shall send an invoice to you and will require you to refund it within 14 days of the invoice. Should you not repay this amount within 14 days of receiving an invoice from us the Program Manager reserves the right to take all steps necessary, including legal action, to recover any monies outstanding.
11. Disputes
11.1 If you have a reason to believe that any of the Transactions for which your Card was used are unauthorised or has been posted to your Account in error, you may ask us to investigate the Transaction by contacting the Program Hotline within 90 days of the date of the relevant Transaction.
11.2 If the disputed Transaction is investigated and found to be incorrect the value of the Transaction will be refunded to your Account. Until our investigation is complete the disputed amount will be unavailable to spend. It may later be deducted from your Account if we receive information that proves that the Transaction was genuine. In this event we will charge you a 10 administration fee.
11.3 We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement.
12. Variation
12.1 We may change the terms and conditions of this Agreement, including charges, fees and limits, at any time by posting an amended version on the Website for one or more of the following reasons;
12.1.1 To reflect the introduction or development of new systems, methods of operation, services or facilities;
12.1.2 To reflect a change or an expected change in market conditions, general good practice or the cost of providing our services to our customers;
12.1.3 To comply with or anticipate any changes in the law or taxation, any codes of practice or recommendations of the Financial Services Authority or other regulatory body;
12.1.4 To ensure that our business is run prudently and remains competitive;
12.1.5 To take account of a ruling by a court, ombudsman, regulator or similar body;
12.1.6 To make the terms and conditions fairer or clearer for you;
12.1.7 To rectify any mistake that might be discovered in due course; or
12.1.8 By agreement with you; or
12.1.9 To enable us to harmonise our banking interest or charging arrangements
12.2 We will give you reasonable notice by email of any change in fees or service levels included in these terms and conditions. If you have not provided us with your email address you must regularly check the Website for up to date terms and conditions.
13. Termination or Suspension
13.1 We can terminate this Agreement at any time:
13.1.1 If we give you 30 days notice; or
13.1.2 With immediate effect if you have breached this Agreement, or if 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 can no longer process your Transactions due to the actions of third parties.
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:
13.2.1 We discover that any of the information about you that was provided to us when you were issued your Card was incorrect; or
13.2.2A transaction has been declined because of a lack of Available Balance; or
13.2.3 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.
13.3 You can terminate this Agreement at any time by contacting the Program Hotline and returning your Card to us. In this event you lose the Available Balance on your Card
13.4 In the event that any additional fees and/or charges are found to have been incurred on your Card following termination by either you or us, you shall refund to the Program Manager any sum which relates to a withdrawal on the Card or fees and/or charges validly applied whether before or after termination. The Program Manager shall send an invoice to you and will require you to refund us within 14 days. Should you not repay this amount within 14 days of receiving an invoice the Program Manager we reserves the right to take all steps necessary, including legal action, to recover any monies outstanding.
14. Our Liability
14.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
14.1.1 We shall not be liable for 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 including at cash machines, maximum withdrawal limits set by cash machine operators and failure of data processing systems;
14.1.2 We shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; and
14.1.3 Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card;
14.1.4 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; and
14.1.5 In all other circumstances of our default, our liability shall be limited to redemption of the Available Balance.
14.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
14.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
14.4 The above exclusions and limitations set out in this paragraph 14 shall apply to any liability of our affiliates such as MasterCard International Incorporated, the Card Issuer or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
15. Your Information
15.1 You may provide us with personal data from time to time in connection with your Card. Some personal data will be necessary for us to provide you with the Card and services under this Agreement. You must notify us immediately of any change of name and address by contacting the Program Hotline.
15.2 We and our affiliates are committed to maintaining your personal data in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with these terms and conditions, your personal information will not be passed to anyone without your permission. You acknowledge and agree that in order for us to comply with Anti-Money Laundering Regulations, we may request evidence of identity from you.
15.3 You agree that we can use your personal data in connection with the Card, and the e-money associated with the Card, to contact you about replacement Cards, and to enable us to review, develop and improve our products and services. This may involve providing your personal data to our affiliates, agents, distributors, and suppliers including the Program Manager, the Card Issuer and to MasterCard International Incorporated and its affiliates to process Transactions and for their statistical research and analytical purposes as outlined in our privacy statement. We may also transfer your personal data outside of the EEA to enable you to use the Card while you are travelling, and such countries may not offer the same protections for personal data. We may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity (Misuse).
15.4 You may contact us at anytime to request us to stop such use or further disclosure to other companies for such use.
15.5 You have a right to inspect the personal data we hold about you however we will ask you to pay an Inspection Fee of 10 to cover our costs. For further information please contact the Program Hotline.
15.6 If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your Card until we can establish the correct information, in order to protect us both.
15.7 If we believe that you have been involved in any Misuse then we may contact the Company to advise them of such Misuse and you hereby consent to the disclosure of our personal data to the Company in this context.
16. Complaints Procedure
16.1 Complaints regarding any element of the service provided by us should be sent in writing or by email to the Program Hotline.
16.2 All complaints will be subject to our Complaints Procedure. We will provide you with a copy of our Complaints Procedure upon request and, if we receive a complaint from you, a copy of our Complaints Procedure will automatically be posted to you.
16.3 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (South Quay Plaza, 183 Marsh Wall, London E14 9SR; phone 0845 080 1800). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
16.4 The Financial Services Compensation Scheme is not applicable for the Card. No other compensation schemes exist to cover losses claimed in connection with the Card.
17. General
17.1 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.
17.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
17.3 You may not assign or transfer any of your rights and/or benefits under these terms and conditions 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 these terms and conditions have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
17.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions of these terms and conditions, save that the Card Issuer, the E-money Issuer, MasterCard International Incorporated and their respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon them and a person specified in paragraph 14.4 may enforce paragraph 14.
17.5 This Agreement is governed by English law and you agree to the non-exclusive jurisdiction of the courts of England and Wales.
18. Contacting the Programme Helpline
18.1 If you need assistance, you can contact the Customer Services on the Program Hotline on [0333 9000 247] or by emailing support@SymPlus.com or write to SymPlus MasterCard Customer Services, PO Box 642, Banbury, OX16 6FT. We may record or monitor telephone calls in order to ensure security for our customers and our staff and to help maintain service quality.