# Website Terms ## 1. The Site These website terms of use (the “**Terms**”) explain the rules for using our website [www.incard.co](http://www.incard.co) (the “**Site**”). ## 2. Who We Are Our Site is operated by Incard Ltd. (“we” or “us”). We are a company registered in England and Wales with company number 13073893. Our registered address is at 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, United Kingdom. You can contact us using the details on the **‘Contact Us’** page or via the links to our social media accounts on this Site. ## 3. Use of the Wesbite ### 3.1. Terms of Use These Terms set out the conditions under which you may use the Site. They are important, and you should read them carefully before using the Site. By using the Site, you agree to comply with these Terms. If you do not agree with these Terms, you must not use our Site. The services provided by us will be governed by our Terms and Conditions, which are available in the “Terms and Conditions” section. ### 3.2. Other Terms That Apply To You These terms of use refer to the following additional terms, which also apply to your use of our site: * **Privacy Policy** - For information about how we collect and use your personal information when you visit the Site, please see our privacy notice - [Privacy Policy](https://www.incard.co/legal/privacy). * **Cookie Policy** - Please also see our cookie policy - [Cookie Policy](https://www.incard.co/legal/cookies), which sets out information about the cookies on our site. ### 3.3. Changes to the Terms We may change these Terms from time to time. You should therefore check these Terms each time you visit our Site for any changes. If you do not agree with the new or amended Terms, you must not use the Site. If you continue to use the Site, you agree to comply with the new or amended Terms. ### 3.4. Changes to the Site We may update and change the Site from time to time to reflect changes to our products, our users' needs, and our business priorities. ### 3.5. Use of Content The content on our Site is for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site. We make no representations, warranties, or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date. ### 3.6. Suspension Or Withdrawal of the Site Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Site for business and operational reasons. ### 3.7. Accounts and Passwords If you choose, or are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us. ### 3.8. How You May Use Material on Our Site We are the owner or the licensee of all intellectual property rights on our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. ## 4. Links to the Site You may not create a link to any part of the Site unless you have our prior written consent. If you would like to link to the Site, please send your request to us using the details set out in the “Who We Are” section above. ## 5. Severance If any part of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant part shall be deemed deleted. Any modification to or deletion of such part under this clause shall not affect the validity and enforceability of the rest of these Terms. ## 6. Law and Jurisdiction If there is ever any dispute between you and us, it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in either the Scottish or English courts, and if you live in Northern Ireland, you can bring proceedings in either the Northern Irish or English courts. # General Services Agreement - UK PLEASE READ THESE SERVICE AGREEMENT BEFORE USING THE INCARD PLATFORM. This document sets out the Terms and Conditions that apply to Incard Users for the Incard Business Accounts and related services. By completing the registration process, You accept these terms, whereby Our joint contract comes into effect. ### 1. Information on Who We Are and This Agreement 1.1. The definition set out in the Definition section apply in these Terms. 1.2. These Terms constitute a framework agreement between: (a) INCARD LTD, being a company incorporated in England and Wales with company number 13073893 and whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (referred to in these Terms as "incard", "We" or "us"). (b) You, being the business which has agreed to these Terms. 1.3. These Terms set out the terms of: (a) Incard Platform Users accessing the Incard Platform; (b) Incard Platform Users entering into Electronic Money Exchange; (c) Incard Platform Users executing Incard payments; (d) Incard Platform Users entering into Incard Card Transactions. 1.4. The Safeguarding Partner Terms are separate to these Terms and set out the terms on which our appointed Safeguarding Partner(s) hold funds corresponding to your Electronic Money via the Incard Platform. 1.5. By agreeing to these Terms, you are agreeing to and will be deemed as agreeing to the applicable Safeguarding Partner Terms. 1.6. Before you can benefit from the Services, you are required to: (a) read these Terms and tick the box online confirming the accuracy of the information provided online and your agreement with these Terms; (b) read the applicable Safeguarding Partner Terms and tick the box online confirming your agreement with the Safeguarding Partner Terms; (c) provide us with such photographic identification, documentation and information as we may reasonably request to comply with regulatory obligations. 1.7. These Terms incorporate the Website Terms, the Cookie Policy, the Privacy Policy and the Complaints Policy by this reference. By entering into this agreement you agree that we may use your information in accordance with the website privacy notice. 1.8. You must read the policies before entering the agreement with us: [Website Terms](/) [Cookie Policy](/privacy-policy/cookie-policy) [Privacy](/privacy-policy/privacy-policy) [Complaints](/complaints-policy/complaints-policy) 1.9. These terms may be amended from time to time subject to the changes of business environments, regulatory frameworks, and conditions of us, our Partners and/or service providers. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Incard will notify you of any updates on these terms via email and announcement on our website. You may be treated as consent and agree if no contrary intention is received from you within 60 calendar days. 1.10. In order to open an Incard Account and obtain an Incard Card, You must: (a) Be at least 18 years old; (b) Be a Sole-Trader or a Limited Company (or equivalent) registered in the UK; (c) Have a smartphone with a mobile number and a valid identity document; and (d) Have a business that should not fall under clause 24. 1.11. You must provide us with an email and postal address and phone number and let us know of any changes. 1.12. You confirm that you have provided the correct information during the process of creating an Incard Account. You undertake that, if your details change, you will notify us immediately. You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate information. 1.13. We may monitor and/or record telephone calls between you and us or service providers. 1.14. We may transfer our rights or obligations under this agreement or arrange for any other person to carry out its rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement. ### 2. Regulatory Landscape 2.1. Incard is authorised to issue e-money and provide payment services by the Financial Conduct Authority (the "FCA") under the Electronic Money Regulations 2011 and the Payment Services Regulations 2017 (firm reference number **1027309**). 2.2. The following services, which are accessible through the Incard Platform, are carried out by us and will be subject to these Terms: (a) the issuance and storage of Electronic Money in EUR, USD and GBP; (b) the provision of payment services and currency conversion services; (c) the EUR Collection Service, the GBP Collection Service, the USD Collection Service, the SWIFT Collection Service in your Incard account; (d) the issuance of Cards pursuant to a licence from VISA; (e) Incard Cardholders entering into Incard Card Transactions. 2.3. Funds corresponding to Electronic Money are safeguarded by our appointed Safeguarding Partner(s) in accordance with the Electronic Money Regulations 2011. Details of our current Safeguarding Partner(s) are available on our Website. 2.4. Cards provided to UK business accounts are issued by Incard Ltd pursuant to licence by Visa Europe Limited. The Card remains the property of Incard at all times. 2.5. The production of the Cards and the technology systems required to operate the Cards are provided by Incard and the third party service providers. 2.6. Incard also provides customer support for Cards. All communications should be sent to Incard through email (i.e. ). 2.7. Incard and its Safeguarding Partner(s) are subject to the relevant Payment Services Regulations of the countries they are operating the business and under the relevant supervisory authority. These regulations regulate how payments must be transmitted and provide protection when you send money. 2.8. If you require further information on the status of Incard as an electronic money institution, details are available on the FCA's website [www.fca.org.uk](http://www.fca.org.uk). The FCA can be contacted at 12 Endeavour Square, London, E20 1JN or on telephone number (+44) (0)20 7066 1000. ### 3. Commencement and Term 3.1. The execution of the contract begins on the day Incard confirms your Incard account has been approved, taking into account clause 10.5, and shall continue until terminated in accordance with clause 32. ### 4. Your Incard Account 4.1. Your Incard Multi-currency E-money account is an account in which Electronic Money in EUR, USD and GBP is stored in exchange for receiving the corresponding funds from you. 4.2. Incard is authorised to collect funds from you on behalf of our Safeguarding Partner(s) acting as the principal for safeguarding purposes pursuant to clause 4.1 and 4.3. 4.3. Incard holding the funds corresponding to the Electronic Money is not the same as a bank holding money for you in that: (a) our Safeguarding Partner(s) must safeguard the funds received, in exchange for Electronic Money that has been issued, meaning that the funds will be protected by being held in a designated safeguarding account and not mixed with any of Incard's own funds; (b) Incard cannot and will not use the funds received, in exchange for Electronic Money that has been issued, to invest or lend to other persons or entities; (c) your Electronic Money will not accrue interest; and (d) your Electronic Money is not covered by the Financial Services Compensation Scheme. 4.4. The funds corresponding to Electronic Money will be held by our appointed Safeguarding Partner(s) in one or more segregated accounts separately from Incard's own funds, in accordance with the provisions of the relevant Regulations. ### 5. The Incard Platform 5.1. As part of the Services provided under these Terms, we grant Incard Platform Users a non-exclusive, non-transferable right, without the right to grant sublicenses, to use the Incard Platform during the term of this Agreement solely for your internal business operations. Incard Platform Users (i.e. You and/or the designated person of your accounts) may access the Incard Platform via the Website and the iOS Mobile App. 5.2. The Incard Platform is our portal where Incard Platform Users can: (a) view the Incard Platform; (b) enter into Electronic Money Exchange; (c) enter into Payments; (d) view a list of Incard Transactions that have already been entered to; (e) view the balance and currency of the Electronic Money you hold in your Incard E-Money Account; (f) order physical and virtual cards and view your cards details; (g) view information about and manage your account; and (h) contact customer support. ### 6. Multi-User Functionality of Your Incard Account 6.1. You will be able to (when this functionality becomes available and subject to such restrictions that Incard puts in place): (a) grant Employees of your company access to your company's Incard Account and the right to become Incard Platform Users once they have been approved via the KYC process; (b) enable Incard Platform Users to enter into Incard Card Transactions pursuant to these Terms. 6.2. You fully authorise Incard Platform Users to use the Incard Platform and enter into Incard Platform Transactions on your behalf, debiting money from your Incard E-Money Accounts. For the avoidance of doubt, Incard shall have no liability to you for Incard Platform Users entering into Incard Platform Transactions on your behalf. It is your responsibility to ensure that you terminate an employee from being an Incard Platform User if you no longer want them to be able to enter into an Incard Platform Transaction on your behalf or if they no longer qualify to be an authorised user. 6.3. You fully authorise Incard Cardholders to enter into Incard Card Transactions on your behalf, which will debit money from the Incard GBP E-Money Account associated with the relevant Incard Card. It is your responsibility to ensure that you terminate an employee from being an Incard Cardholder if you no longer want them to be able to enter into Incard Card Transactions or if they no longer qualify to be an authorised user. ### 7. Basic Plan, Grow Plan, Advanced Plan, Bespoke Plan 7.1. If you are: (a) a Business User under the Free Plan: (i) we shall provide you with the services included in the Free Plan; (ii) no monthly subscription fee shall apply; and (iii) you shall pay the fees set out in the applicable Business Account Pricing UK – Free Plan for any services, transactions or usage that exceed the included allowances or are otherwise chargeable. (b) a Business User under the Grow Plan: (i) we shall provide you with the services included in the Grow Plan; (ii) you shall pay the Grow Subscription Fees; and (iii) you shall pay the fees set out in the applicable Business Account Pricing UK – Grow Plan for any services, transactions or usage that exceed the included allowances or are otherwise chargeable. (c) a Business User under the Incard Plus Plan: (i) we shall provide you with the services included in the Incard Plus Plan; (ii) you shall pay the Incard Plus Subscription Fees; and (iii) you shall pay the fees set out in the applicable Business Account Pricing UK – Incard Plus Plan for any services, transactions or usage that exceed the included allowances or are otherwise chargeable. 7.2. Where a monthly subscription fee applies, we will automatically charge your Incard Account for so long as your Incard Account remains active. 7.3. All paid Subscription Plans will automatically renew for successive renewal terms equal in length to the original Subscription Term unless cancelled in accordance with these Terms. 7.4. Your subscription continues until cancelled by you or until we terminate your access to or use of Incard in accordance with Clause 32 and these Terms. Cancellation will take effect at the end of the current Subscription Term. 7.5. If you upgrade your Subscription Plan (including from the Free Plan to the Grow Plan or Incard Plus Plan, or from the Grow Plan to the Incard Plus Plan), you will be charged: (i) the subscription fee applicable to your new Subscription Plan for the relevant billing period; and (ii) a pro rata amount of the difference between your existing Subscription Plan fee (if any) and your new Subscription Plan fee, based on the number of days remaining in your current billing cycle. 7.6. If you wish to downgrade your Subscription Plan (including from Incard Plus to Grow or Free, or from Grow to Free), you may submit your request through the Incard Platform or by contacting Customer Support. Any downgrade will take effect from the start of the next billing cycle. 7.7. We will charge you the applicable Subscription Fees for your selected Subscription Plan, if any. 7.8. Where Subscription Fees apply, we shall deduct them from your Incard GBP E-Money Account on the relevant billing date. If you do not have sufficient Electronic Money available: (a) you must deposit sufficient funds into your Incard GBP E-Money Account as soon as reasonably practicable; and (b) we reserve the right to collect the applicable Subscription Fees from any of your other Incard E-Money Accounts, including non-GBP E-Money Accounts, in which case our standard exchange rate will apply. 7.9. If we are unable to collect the applicable Subscription Fees within five (5) days of the payment due date, we reserve the right to suspend or terminate your paid Subscription Plan and, where applicable, move your account to the Free Plan or otherwise restrict or terminate your access in accordance with these Terms. ### 8. Electronic Money Exchanges 8.1. You can use Electronic Money from one of your Incard E-Money Accounts to purchase Electronic Money in the currencies of any of your other Incard E-Money Accounts by accessing the relevant section of the Incard Platform and following the on-screen instructions. The currencies of Electronic Money which you are able to purchase and store in your Incard E-Money Accounts are limited to those set out on the Incard Platform and are subject to change from time to time without us being required to provide you with notice. You may only enter into Electronic Money Exchanges for immediate settlement and delivery. 8.2. You will be informed, on the Incard Platform, prior to sending your request to enter into the Electronic Money Exchange, of: (a) the amount of Electronic Money you will use to purchase the amount of Electronic Money in your required currency; (b) the amount and currency of the Electronic Money you wish to purchase; (c) the exchange rate of the Electronic Money Exchange. 8.3. In order to submit the request to enter into the Electronic Money Exchange, You will need to confirm the details which have been entered by hitting the button on the relevant part of the Incard Platform. 8.4. The request to enter into an Electronic Money Exchange will be accepted when we confirm to you that the Electronic Money Exchange has been entered into, on the Incard Platform. 8.5. We shall use our standard exchange rates when performing Electronic Money Exchanges. Our standard exchange rates are based on a mark-up of the rate we are able to obtain ourselves as wholesalers. Our exchange rates are therefore constantly changing with the currency markets. You should refer to our full fee schedule for more information. 8.6. Please note that we reserve the right to limit the amount of Electronic Money Exchanges you can enter into outside Working Days. This is because, on days which are not Working Days, the currency markets can have very little liquidity and we are exposed to negative movements. ### 9. Incard Payments 9.1. Incard Payments are executed by Incard and are subject to these Terms. The following provisions set out how you can instruct an Incard Payment through the Incard Platform. 9.2. The Services provide for the transmission of funds from Customers to recipients ("Recipients") via electronic funds transfer, wire transfer or other electronic methods. The Services involve the use of our banking and payment partners for the remittance of money, the buying or selling of foreign currency, and any other global payment solutions provided from time to time. 9.3. Incard Platform Users can make a request to enter into a Payment through the Incard Platform (Mobile App or Web App). The request through the Incard Platform can be made by logging onto the Incard Platform and clicking on the "pay" button and following the on-screen instructions. 9.4. The Fees for Payments are set out in our full fee schedule. 9.5. In order for a Payment instruction from you to be properly executed, you must provide us with the information or Unique Identifier which is necessary for the proper execution of the Payment instruction. If this is incorrect, it could result in the Payment being delayed or the monies transferred being lost. The information could comprise the Beneficiary Bank Account's bank sort code and account number or, where applicable, the payee's SWIFT number, BIC number and IBAN number. 9.6. In order to complete the request to enter into the Payment, the Incard Platform User will need to confirm the details which have been entered by hitting the relevant button on the relevant part of the Incard Platform and complying with any additional security requirements requested on the Incard Platform. 9.7. Once you have entered or confirmed (as appropriate) the information set out in clause 9.6 by clicking on the relevant button and/or complying with the additional security requirements on the Incard Platform, this will constitute You providing consent to Incard for the Incard Payment. You cannot revoke consent to enter into an Incard Payment unless it is a Scheduled Incard Payment, in which case you can revoke consent on the "pay" part of the Incard Platform no later than the end of the Working Day before the agreed day of execution of the Scheduled Incard Payment. 9.8. It is essential that you check the details of each Payment before providing its consent for the execution as Incard is unable to recall a Payment once it has been executed, even if it is to one of your 'known' Beneficiaries. 9.9. The request to enter into an Incard Payment shall be deemed to be received at the time at which it is received except that: (a) where the request is received on a day which is not a Working Day or is received after 3 pm, London time on a Working Day, we have the right to treat the request as having been received on the next Working Day; (b) where it is agreed between us and you that an Incard Payment is to be executed on a specified day; and (c) the time of receipt of the request is deemed to be the day so agreed unless such day is not a Working Day in which case the request is deemed to have been received on the first Working Day thereafter. 9.10. Once the Payment has been completed, you will be able to view the completed Payment on the Incard Platform. 9.11. After we receive a request to enter into an Incard Payment, we shall provide the following information: (a) a reference enabling you to identify the Incard Payment and, where appropriate, information relating to the Beneficiary; (b) the amount of the Incard Payment in the currency used; (c) the amount of the charges and transfer fees for the Incard Payment payable by you (with a breakdown of such amounts where applicable); (d) where applicable, the exchange rate used in the Incard Payment and the amount of the Incard Payment after that currency conversion; and (e) an estimate of the date your payment will reach your beneficiary and be completed. 9.12. We will provide you with the information specified in clauses 9.11 and similar information relating to all Incard Transactions via PDFs made available on the Incard Platform, free of charge at least once a month. You will examine the confirmations and communications which we send to you within a reasonable time after receiving them and will promptly advise us without undue delay of any apparent mistake or discrepancy. Delay in notification may make correcting any error difficult. 9.13. If, for whatever reason, the funds are not deposited in the Beneficiary Bank Account and are returned to your Incard E-Money Account, they will be converted into the currency of the Incard E-Money Account they were originally withdrawn from. Due to the difference in price for purchasing and selling currencies and/or fluctuations in exchange rates, the amount of Electronic Money you receive back into your Incard E-Money Account may be more or less than what was originally redeemed to perform the Payment. Incard is not liable for any losses you incur in this respect. 9.14. Some Suppliers might accept payment by setting recurring payments to be deducted from your Incard E-Money Account on a regular basis. The amount of the recurring payment and the intervals at which the payments will be deducted is determined by the arrangement between you and the relevant Suppliers and their terms and conditions will apply. If you wish to amend or cancel your recurring payment, you may only do this by contacting the Suppliers directly. 9.15. Where an Incard Payment is denominated in: (a) euro to a Beneficiary Bank Account within the European Economic Area ('EEA') or an EEA currency other than euro and the Beneficiary Bank Account is located within the EEA, we shall ensure that the amount of the Incard Payment is credited to that account by the end of the fourth Working Day following that on which your request to enter into the Incard Payment was deemed to be received; and (b) a currency other than euro and the account of the Beneficiary's payment service provider is located outside the EEA, we shall endeavour to ensure that the Incard Payment arrives as soon as is reasonably practicable. ### 10. Cards 10.1. The Cards are issued by Incard. The Fees for the issuance and use of the Cards are set out in our full fee schedule. 10.2. The Card is a Platinum Business Debit Payment Card that can be used to pay for goods and services at participating merchants that accept VISA cards. (a) The Virtual Card is designed for use in online shops or for telephone purchases where the Card is not required to be physically present. (b) The Physical card is designed for use in shops and retail locations where You are physically present and for online, telephone and other distance purchases and, only if enabled, can be used to make cash withdrawals from ATMs and banks that agree to provide this service. 10.3. As with any payment card, We cannot guarantee that a particular merchant will accept the Card. If You are unsure about this, please check with the merchant before attempting to complete the transaction. 10.4. You must ensure that You have sufficient Available Funds on the balance to pay for each purchase, payment or cash withdrawal using the Card. Regardless of the type of Card(s) You have, You will have only one Account where Your Available Balance is located. 10.5. The Card is intended for use as a means of payment and funds loaded onto the Card do not constitute a deposit. You will not earn interest on the balance of the Card. 10.6. When You receive Your Physical Debit Payment Card, it will be issued to You or one of the Incard Platform Users in an inactive state. You will need to activate it by referring to the Website and following the instructions for activation prior to use. If You don't activate Your Card, any transactions that You attempt to carry out may be declined. 10.7. The Card will expire on the Expiry Date and will cease to work. Please check Condition 16 of this Agreement for further information. 10.8. We reserve the right to refuse Your application to issue or activate the card, or to close Your customer account if the checks carried out pursuant to Clause 11 – or other circumstances – give rise to a definitive suspicion based on circumstantial evidence that You are using the card for, or are involved in, money laundering, terrorist financing, fraud or other illegal activities. In such a case, we will inform You as soon as is practically possible regarding the rejection of the application. ### 11. Identification Required for Purchase of Incard Cards 11.1. We need certain information concerning You and only store this information for as long as it is required for the purpose described. You can find further information in clause 34. 11.2. For the purposes of secure identification, we require proof of Your identity and proof of your business identity and addresses to fulfil the applicable statutory requirements. To this end, We may need documentary evidence from You and/or we may conduct the verification of Your personal and business information using electronic means. 11.3. The activation of the Card will indicate to us that You consent to the checks described in this Agreement being undertaken. 11.4. Where permitted, You may request additional Cards linked to Your Card. You authorise us to issue Cards and PINs to the additional cardholders and You authorise each additional cardholder to authorise transactions on Your behalf. You remain responsible for any fees, transactions, use or misuse of any Card or additional Card requested by You. 11.5. These terms also apply to any additional cards or cardholders set up by You. It is important that You submit these terms to each additional cardholder before they use the card. ### 12. How to Use the Card 12.1. A Card may only be used by the person to whom the Card was issued. In the case of an additional or secondary Card, that Card may only be used by a person nominated by the primary cardholder. The Card is otherwise non-transferable, and You are not permitted to allow any other person to use the Card, for example by disclosing Your PIN or allowing them to use Your Card details to purchase goods via the internet. Prior to use, the Card should be signed on the signature strip located on the back of the Card. 12.2. You agree that any use of your card, card number or PIN constitutes your authorisation and consent to a transaction. 12.3. We may assume that a transaction has been authorised by You, if either: (a) in the case of a Physical card, the magnetic strip on the Card was swiped by the retailer or the Card was inserted into a chip & PIN device; or (b) the Card PIN was entered or a sales slip was signed; or (c) in the case of a Physical card or Virtual Card, relevant information was supplied to the retailer that allows them to process the transaction, for example providing the retailer with the 3-digit security code on the back of Your Card in the case of an internet or other non face-to-face transaction; or (d) Your Card is tapped against a Contactless-enabled reader and accepted by such a reader. 12.4. Normally, We will receive notification of Your authorisation by way of an electronic message in line with the rules and procedures of the payment scheme (VISA network). Once You have authorised a transaction, the transaction cannot be stopped or revoked. However, You may in certain circumstances be entitled to a refund in accordance with clauses 22 and 23. 12.5. On receipt of notification of Your authorisation or the authorisation of an authorised user of a transaction and the transaction payment order, normally We will deduct the value of the transaction, plus any applicable fees and charges, from the Available Funds on the Card. 12.6. The Card can only be used for transactions where authorisation is sought and given at the time of the transaction. 12.7. You cannot stop a transaction after it has been transmitted to us by giving your consent to the transaction. 12.8. Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Card the transaction will be declined. Under certain circumstances, a transaction may result in a negative balance on Your card account – this usually happens when the merchant has not obtained authorisation for the transaction. In such cases we will attempt, to the extent possible, to recover part or all of the funds from the merchant, provided that we have no concrete or circumstantial suspicion that You have intentionally used the card in a manner that results in a negative balance. We deal with such transactions on a case-by-case basis. We will, under such circumstances, ask You to deposit funds to cancel out any negative card balance and limit or suspend the use of Your card until Your card has available funds again. 12.9. The Card may be used in full or part payment for purchases. In the case of part payment, the cardholder will be required to pay the outstanding amount of the purchase by an alternative means, for example, cash, bank transfer, debit card or credit card. 12.10. You are able to use Your Physical card to enable Contactless transactions. When using Your card for Contactless transactions, a maximum limit will apply. The limit is regulated by the local regulator or conditions of the program and may vary from time to time. We will advise You what the limit is and of any changes to the limit on Our Website. 12.11. If You use Your Card for a transaction in a currency other than the currency in which Your card is issued, the transaction will be converted into the currency in which Your card is issued at a rate shown at VISA website. The rate is calculated on the date when the transaction is authorised by VISA ('authorisation day'). Details of how to calculate the actual transaction date, and therefore the appropriate exchange rate, can be found in the FAQ section of the website. The exchange rate changes during the day is not fixed by Us, therefore we are not responsible and cannot guarantee that You will receive a favourable exchange rate. Changes in exchange rates can occur immediately and without notice. You can compare the rate being applied to your transaction with the rates published by the European Central Bank by using this link. You can obtain exchange rate information upon completion of the transaction via Your online account (App or WebApp). 12.12. Normally We can handle transactions 24 hours a day, 365 days a year. However, We cannot guarantee this and under certain circumstances such as in the event of a serious technical problem, We may not be able to receive or complete a transaction immediately. 12.13. This is not a debit card supported by a bank account, and is not in any way connected to a bank account. It is also not a guarantee card, charge card or credit card. Interest will not be earned on any funds loaded on to the card. ### 13. Restrictions on Use of Card 13.1. You must ensure that You have sufficient Available Funds on Your Card to pay for each purchase, payment or cash withdrawal using the Card. The amount that is allowable for transactions is shown in Clause 41 as well as Our website. Increased limits and certain functions may require additional identity checks be performed on the cardholder before they can be allowed. 13.2. The Card is not linked to a bank deposit account and is not a cheque guarantee card, charge card or credit card, nor may it be used as evidence of identity. 13.3. You must not use the card for any illegal purposes. 13.4. Subject to the limits, You may re-deposit new funds. New funds may only be deposited using the methods approved by us. We describe those applicable methods for depositing funds on Your Card on the website. If You have any questions about the methods for depositing funds on Your Card, please contact Our Customer Service Department in accordance with Clause 26. In order to prevent fraud, money laundering, terrorist financing and other financial crimes, We reserve the right to change these limits at any time or refuse the depositing of new funds if there is a concrete suspicion of fraud, money laundering, terrorist financing or other financial crimes. 13.5. The respective spending limits apply to the Card. More detailed information can be found in Clause 41 and on the website. 13.6. Any preauthorisation amount (such as a hotel booking or car hire) will place a "hold" on Your Available Funds until the retailer sends Us the final payment amount of Your purchase. Once the final payment amount is received, the preauthorisation amount on hold will be removed. It may take up to 30 days for the hold to be removed. During the hold period, You will not have access to the preauthorised amount. 13.7. Automated Fuel Dispenser: Incard is compatible with AFD expenses. In order to begin an AFD transaction, the cardholder will need to insert their card into the chip reader and enter their PIN. Cardholder initiates card payment by inserting payment card and entering their PIN. (a) The AFD requests a maximum authorisation of £100; (b) The card issuer returns an authorised full amount; (c) The AFD displays a message to the cardholder advising them that they can commence filling up to the amount returned in the authorisation response or, £100 if no amount is returned in the authorisation response; (d) Once the cardholder completes fuelling, the app will confirm the final transaction amount. (e) Some Merchants may not accept Your Card. It is Your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept Your Card. 13.8. The card is restricted to use for Wires, Money Orders, Gambling, Betting, Lottery, Dating services, Manual Cash Disbursements, Adult content, some Direct Marketing, Investment Firms, and Blacklisted countries, such as: Burundi, Central African Republic, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Lebanon, Libya, Mali, Myanmar, Nicaragua, Russian Federation, Serbia, Somalia, South Sudan, Sudan, Syrian Arab Republic, Venezuela, Yemen, Zimbabwe, Crimea, Kherson, Zaporizhzhia. The above is not an exhaustive Prohibited & High Risk Countries List. The list is maintained by Incard and it will be changed from time to time. 13.9. You must not use the card for pre-authorised regular payments. 13.10. You must not use the card for transactions for cash (other than ATM withdrawal) including for example cash back, cash from a bank, money orders, traveller's cheques, foreign exchange, or bureau de change. ### 14. Managing Your Card 14.1. We will publish Your monthly statements in the online account. Each statement will specify: a reference enabling You to identify each transaction; the amount of each transaction; the currency in which Your Card is debited; the amount of any transaction charges including their break down, where applicable; the exchange rate used in the transaction by Us and the amount of the transaction after the currency conversion, where applicable; and the transaction debit value date. If there are no transactions on the Card for more than a month then We will not provide You with a statement. 14.2. You will need access to the internet to manage the Card. You may check the balance and available funds on Your Card or view a statement of recent transactions, which will be updated daily, by visiting Our Website in Your secure personal login area and following the login request for the Card. 14.3. We may stop, suspend or restrict your card or PIN on reasonable grounds relating to: (a) the security of your card, card number or PIN; and (b) the suspected unauthorised or fraudulent use of your card or PIN. We will, if possible, inform you before stopping, suspending or restricting your card or PIN that we intend to do so and the reasons for doing this. If we are unable to do so then we will inform you immediately afterwards. The requirement to inform you does not apply where it would compromise reasonable security measures or it would be unlawful to do so. ### 15. Expiry of the Card 15.1. Your Card will expire on the Expiry Date. The Card will cease to function and You will not be entitled to use the Card. 15.2. Usually we will issue you a new card shortly before the card expires. This does not apply if: (a) You are in arrears with the fees under our full fee schedule; (b) You have overdrawn your account; (c) We have a specific, indicative suspicion of fraudulent or other criminally relevant behaviour on your part in relation to your use of the card; (d) You otherwise violate essential provisions of this contract. When we issue a new Card, it has a new expiry date and the new card expires on that date. This does not affect the duration of the contract (see Clause 32). If you do not pay a current fee to cover our costs, we are not obliged to issue a new Card. If your Card has not been used in the eight weeks before its expiry date, you will receive an email asking if you wish to replace the Card and retain any existing balance on it. If you ask us to do so, a replacement card will be issued to you within two weeks. A card replacement fee may apply. 15.3. If You do not wish to receive a replacement card at the time of Your current card's expiry, You may terminate the Agreement in accordance with Clause 32. ### 16. Cancellation and Redemption Procedure 16.1. If You cancel the Agreement, we will cancel Your card and You must inform our Customer Service Department as set out in Clause 16 as soon as possible as to how we should deal with the unused funds available on Your card. Please note that You have no right to a refund of any money that has already been spent on goods or services. ### 17. ATM Withdrawal 17.1. An Incard Cardholder may withdraw funds from your Incard E-Money Account by entering into an Incard Card Transaction with an ATM. ### 18. Your Balance and Negative Balance 18.1. You acknowledge that balances and available funds reported on the Incard Platform are only approximate real-time balances rather than the settled balances in your Incard E-Money Account. A real-time balance may not take into account pending debits and credits. Incard will provide you with information on pending debits and credits as soon as it has that information. 18.2. If for any reason you have a negative balance in any of your Incard E-Money Accounts, you agree to immediately send the required amount of money to correct the negative balance, such amounts being due without the need for previous notification. Failure to send us the required amount of money within a reasonable period of time shall be deemed a material breach of these Terms in accordance with clause 32.4(a). In addition, we may: (a) exercise our right to automatically redeem your Electronic Money in one of your other Incard E-Money Accounts in accordance with clause 28 (Our Right for Compensation) of these Terms; (b) initiate a chargeback procedure for any specific transaction which led to your Incard E-Money Account having a negative balance; (c) close or suspend any or all of your Incard E-Money Accounts; (d) report you to any credit reference agencies; and/or (e) take debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. 18.3. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts. ### 19. Security 19.1. We may stop: (a) Incard Users' use of the Incard Cards; and/or (b) Incard Users' use of the Incard platform; on reasonable grounds relating to the security of the Incard Platform and/or an Incard Card and the suspected unauthorised and/or fraudulent use of the Incard Platform and/or an Incard Card. 19.2. Where we cease use in accordance with clause 19.1, we shall inform you of same and inform you of our reasons for doing so. Where we and/or our Partners are unable to inform you before ceasing such use, we shall do so immediately afterwards, unless we are prohibited from doing so by law. ### 20. Keeping Your Card and Details Safe 20.1. With every transaction You make with Your card or using Your card data, We will assume that this has been executed by You, unless You inform Us to the contrary in accordance with Clause 21.1. 20.2. You are responsible for keeping Your Card and its details safe. This means You must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a transaction. Before proceeding with a transaction and giving the physical card or card details to a merchant or service provider, you should have a good feeling that the merchant or service provider is sincere and has taken appropriate steps to protect your information. 20.3. You must keep Your PIN safe at all times. This includes: (a) Memorising Your PIN as soon as You receive it, and destroying the letter or other document on which We provided the PIN to You immediately; (b) Never writing Your PIN on Your Card or on anything You usually keep with Your Card; (c) Keeping Your PIN secret at all times, including by not using Your PIN if anyone else is watching; and (d) Not disclosing Your PIN to any person. Failure to comply with this may be treated as gross negligence and may affect Your ability to claim any losses. **NEVER COMMUNICATE YOUR PIN TO ANYONE IN WRITING OR OTHERWISE**. This includes printed messages, emails and online forms. 20.4. For the avoidance of doubt you are required to ensure that you are taking all the reasonable steps to protect the security of your Incard account and Incard card, including but not limited to: (a) logging off the Incard Platform every time you leave the mobile or computer (or other device) used to gain access to the Incard Platform; (b) keeping the mobile or computer (or other device) You use to gain access to the Incard Platform safe and secure and locked with a secure password; (c) not telling anyone Your Security Codes, including any person claiming to work for Incard; (d) if You receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your Security Code, not providing your information and contacting us via the member support function on the Incard Platform; (e) ensuring that the computer and e-mail account(s) and mobile phone you use to communicate with us are secure and only accessed by you, as the computer, e-mail address and mobile phone may be used to reset your Security Code or to send information relating to the security of the Incard Platform; (f) if at any time you think that your Security Code has been lost, stolen or any other person knows your Security Code, informing us via the member support function on the Incard Platform; and (g) never using any functionality that allows the Security Code to be stored by the mobile or other device you use to gain access to the Incard Platform. 20.5. All Incard Transactions are processed by automated methods, and anyone who obtains access credentials to the Incard Platform or access to an Incard Card could use it to enter into Incard Transactions without your permission. If you notice misuse, theft or unauthorised use of: (a) the Incard Card or a PIN or any other activity that makes you suspicious, you must (if available) freeze the Incard Card or cancel and reorder the Incard Card via the Incard Platform and/or (if not available) contact us using the member support function on the Incard Platform. For lost, stolen or damaged cards, you can contact us by calling +44 20 3318 1101 (available from 09.00 to 17.00 BST); (b) the Incard Platform or the Security Code or any other activity that makes you suspicious, you must contact us using the member support function on the Incard Platform. If you suspect identity theft or theft of Electronic Money, we suggest that you contact your local police as well. 20.6. Incard may stop or suspend the use of the Incard Platform if it has reasonable grounds for doing so relating to: (a) the security of the Incard Platform; or (b) the suspected, unauthorised or fraudulent use of the Incard Platform. ### 21. Lost, Stolen or Damaged Cards 21.1. If Your Physical card is lost, stolen, damaged or if You have reasonable grounds to suspect that someone else has used it, or if You believe Your Virtual card details have been stolen or used by someone else, please inform our Customer Service Department immediately upon becoming aware of such circumstances in accordance with Clause 26 of this Agreement. 21.2. After You have notified Us of any incident of loss, theft or risk of misuse and provided that we are able to identify Your Card and perform certain security checks to a satisfactory level, we will issue You with a replacement card and/or PIN. ### 22. Purchases from Retailers 22.1. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the card. We are not liable for the failure of any merchant to honour the card. 22.2. If a merchant grants a refund for any reason (for example if You return the goods as defective), it may take several days for us to receive notification of the refund and the money itself. The refund may not be visible on Your card until 5 – 10 days after the refund has been duly processed. 22.3. You may request the refund of a transaction that You have authorised under the following conditions: (a) Your authorisation does not exactly match the amount You agreed to in the transaction; and (b) The amount of the transaction has exceeded the amount You could reasonably have expected (taking into account Your previous spending patterns on the card, the Agreement and the circumstances of this case). Such a refund must be requested from Our Customer Service Department within 8 weeks of the amount being deducted from the card. Any refund or justification by Us for refusing a refund will be made within 14 business days of receipt of Your refund request. Any refund must correspond to the amount of the transaction. Such refunds are not subject to any fees. ### 23. Transaction Disputes 23.1. If You believe You did not authorise a particular transaction or that a transaction was incorrectly executed, in order to obtain a refund You must contact Our Customer Service Department without undue delay in accordance with Clause 26 – as soon as You notice the issue, and in any case no later than 13 months after the amount of the transaction has been deducted from the card. We will, as soon as is reasonably practicable and together with Partners, reimburse (no later than the close of business on the day following the date that we became aware of the unauthorised transaction) any unauthorised transactions and related transaction fees and charges due under this Agreement, subject to the remainder of this Clause 23, unless We maintain a concrete, circumstantial suspicion of fraudulent conduct on Your part. In such a case, We will initiate an investigation as soon as is practically possible and inform You of the result. If this investigation shows that the transaction in question was indeed unauthorised and was not fraudulent, grossly negligent or intentional on Your part, we will process a refund in accordance with this Clause 23.1. Otherwise 23.3 shall apply. 23.2. Subject to the remainder of this Clause 23, we limit Your liability for any damages arising from unauthorised transactions to £35 or Euro equivalent. 23.3. In the following cases, You will be liable for all losses incurred in relation to an unauthorised transaction, provided that we are not at fault: (a) You have demonstrably acted fraudulently; or (b) You bear demonstrable responsibility for intentional or gross negligence. 23.4. Subject to the rest of this clause 23, we will limit Your liability to £35 or Euro equivalent for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card's details, except where: (a) the loss, theft or misappropriation of the Card was not detectable by You before the unauthorised transaction took place (unless You acted fraudulently, in which case You are liable for all losses incurred in respect of the unauthorised transaction); or (b) the loss was caused by acts or omissions of one of Our employees or agents, in which case You are not liable for any losses. 23.5. If our investigations reveal that a disputed transaction has been authorised by You or that You have been found to have acted fraudulently or with gross negligence, we together with Partners may reverse any refunds made to You and You shall be liable for all damages incurred by us in connection with the transaction, including, but not limited to, the cost of any investigation conducted by us or Partners in connection with the transaction. We will offer You reasonable notice of any reverse refunds as soon as is practicable. 23.6. Under certain circumstances, a transaction will be initiated (but not fully executed). This may result in the value of the transaction being deducted from the balance on Your card and will therefore no longer be available for use – We refer to this as "pending authorisation" or "blocking". In such cases, You must inform Our Customer Service Department in accordance with Clause 26, describing the facts of the case. We will then investigate with the relevant third parties and will ensure Your balance is adjusted in accordance with the applicable legal requirements. 23.7. Except where You have acted fraudulently, You will not be liable for any losses incurred in respect of an unauthorised transaction: (a) which arise after Your notification to Us; (b) where We have failed to provide You with the appropriate means of notification, as found in clause 21.1. 23.8. Under certain circumstances, We may be required to refuse to complete a transaction authorised by You. These circumstances include the following cases: (a) We have grounds for reasonable suspicion regarding the security of Your card (PIN disclosed, card lost/stolen) or We maintain a concrete, circumstantial suspicion that Your card is being used in a fraudulent or unauthorised manner; (b) there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction; (c) there is an outstanding shortfall on the balance of Your Card; (d) if We maintain a concrete, circumstantial suspicion that You are acting contrary to this Agreement; (e) there are errors, failures (mechanical or otherwise) or refusals by retailers, payment processors or payment schemes processing transactions; (f) a transaction might take you over any of your card limits; (g) we reasonably believe that we need to do so to keep to the rules of the payment system under which your card is issued; (h) we reasonably believe that it is necessary to do so to comply with any law or as a matter of good practice; or (i) We are required to do so by law. 23.9. Unless we are violating any laws, we will inform you, as soon as practically possible, of the rejection and the reasons for the rejection in cases where we refuse to conclude a transaction in accordance with clause 23.8 and together with you if necessary tell you what to do to correct any factual errors that have resulted in the denial. 23.10. If we have reasonable suspicions regarding the security of your card (PIN disclosed, card lost/stolen) or if there is a specific suspicion that your card is being used fraudulently or unauthorised, we can temporarily block your card. We will inform you in advance of such a temporary block and the reasons for this, or, if this is not possible, as soon as practically possible afterwards, unless this would endanger adequate security measures or would otherwise be illegal. We will lift the temporary block as soon as practicable or, if necessary, issue a new card free of charge as soon as the reasons for the temporary block no longer exist. ### 24. Restrictions on the Use of Services 24.1. Incard will use its sole discretion based on its own risk assessment (which will change from time to time) when deciding whether to allow a prospective client to open an Incard Account and whether to close open Incard Accounts. 24.2. The following is a non-exhaustive list of examples of businesses which are outside our risk assessment, you must inform us if any of these become applicable to you: (a) businesses or businesses with persons associated with it that are: (i) suspected or convicted of financial crime or any other offence or action that carry a reputational risk for Incard; (ii) subject to economic sanctions; (iii) highly rated politically exposed persons; (iv) suspected or convicted of terrorism and related offences; (v) knowingly providing false information to Incard relating to their identity or business activities; (b) businesses that are: (i) actively involved in crypto or virtual currencies; (ii) traders of precious metals and stones; (iii) operating as a money service business; (iv) involved in banking and similar financial services; (v) active in the betting and gambling industry; (vi) active in trading with unlicensed drugs; (vii) trading in weapons and armaments; (viii) operating bidding fee auctions; (ix) operating unlicensed scrap metal dealership; (x) active as unregistered waste management businesses. 24.3. It is not permitted to: (a) use the Services for any illegal purposes. Incard will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator; (b) use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full; (c) breach these Terms or any other agreement or policy that you have agreed with Incard or our Partners; create more than one Incard Account without our prior written consent; use the Services to violate any law, statute, ordinance, or regulation; use the Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services; (d) infringe Incard's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (e) act in a manner that is defamatory, libellous, threatening or harassing when using the Services; (f) harass our employees, agents, or other users of Incard; (g) provide us with false, inaccurate or misleading information; (h) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (i) use the Services to engage in debt-collection activities; (j) instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf; (k) control an Incard Account that is linked to another Incard Account that has engaged in any of the restricted activities set out in this clause; (l) conduct your business or use the Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Incard, third parties or you; (m) use your Incard Account or the Services in a manner that we, Visa or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules; (n) allow any of your Incard E-Money Accounts to have a negative balance; (o) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Services; (p) take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; (q) circumvent any Incard policy or determinations about your Incard E-Money Account including, but not limited to, attempting to create a new or additional Incard Account when an Incard E-Money Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Incard E-Money Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's Incard E-Money Account; (r) use the Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable laws; (s) use the Services to trade FX for speculative purposes or for FX arbitrage; (t) refuse or fail to provide further information about you or your business activities that we may reasonably request; (u) conduct your business or use the Services in a manner that leads us to receive a disproportionate number of claims or chargebacks; (v) have a credit score provided by a third-party provider of Incard's choosing and/or other risk scoring method (such as adverse media) which indicates a higher level of risk associated with your use of the Services than Incard is willing to accept; (w) reveal your Security Code to anyone or use anyone else's Security Code. 24.4. You must ensure that You only enter into Incard Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via an Incard Transaction is not an indication of the legality of the supply or provision of the goods and services. 24.5. If Incard, in its sole discretion, believes that you may have breached any provision of this clause 24, we may act to protect ourselves, other users of Incard and third parties. The action we may take includes but is not limited to: (a) closing, suspending, or limiting your access to your Incard E-Money Account or any or all of the Services; (b) contacting other users of Incard who have transacted with you; contacting your bank or credit card issuer; and/or warning other users of Incard, law enforcement, or impacted third parties of your actions; (c) updating inaccurate information you have provided to us; (d) taking legal action against you; (e) terminating these Terms and/or your Incard Platform Users' access to the Incard Platform and/or terminating the Incard Cards issued to your Incard Cardholders; (f) fully or partially reversing an Incard Transaction; and/or (g) blocking your access to your Incard E-Money Account and/or the Incard Platform temporarily or permanently. 24.6. Where possible, Incard will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation. ### 25. Suspending Your Use of the Service 25.1. We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Services feature, without notice and without liability. ### 26. Customer Services 26.1. Our Customer Service Department is normally available 24 hours a day, 7 days a week. During these times, we will make every effort to process Your request immediately. Please note, however, that certain issues can only be resolved during our business hours. You can contact Our Customer Service Department by e-mailing If You need to be contacted in the event of a concrete, circumstantial suspicion of fraud or other form of security threat, You will first receive a text message from us asking You to contact our Customer Service Department. 26.2. Our business hours are Monday to Friday from 09.00 to 17.00. Correspondence received by Us after the close of business on a particular day will be treated as received on the following business day. ### 27. Complaints 27.1. Our Complaints Policy forms part of these Terms of Use. By accepting these Terms of Use, You also agree to the Complaints Policy available on the Website. You should review the Complaints Policy before agreeing to these Terms of Use. 27.2. If you would like to log a complaint with us, please email us at . Our Complaints Policy sets out the process for submitting and resolving any complaints. You may request a copy of our Complaints Policy at any time by contacting us. 27.3. If you have received our final response and you are still unhappy or not satisfied, then you may, if your complaint falls within the Financial Ombudsman Service's jurisdiction, be able to take your complaint to the Financial Ombudsman Service (FOS), details of which are available in the complaints policy. ### 28. Our Right for Compensation 28.1. On the happening of any event which entitles us to be compensated by you, we shall be entitled to redeem Electronic Money held in one of your Incard E-Money Accounts to pay such compensation. For the avoidance of doubt, this includes if the balances in one of your Incard E-Money Accounts shows that you owe us an amount of funds for any reason or has a negative balance, Incard may redeem Electronic Money you maintain in one of your Incard E-Money Accounts which has a positive balance to pay us the compensation or to redress the negative balance in a different Incard E-Money Account. 28.2. If the amount owed to us is in a currency which is different to the money or Electronic Money you hold with us, we shall convert the amount you hold with us to the currency of the amount you owe us by applying our standard exchange rates. We do not need to notify you of this conversion occurring. 28.3. Each party shall pay interest on any sum due under these Terms, calculated as follows: (a) Rate. 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%. (b) Period. From when the overdue sum became due, until it is paid. ### 29. Liability for Incard Payments 29.1. Subject to clause 29.5, where: (a) an Incard Payment was not authorised by you or was incorrectly initiated or executed by us; and (b) you have notified us using one of the methods set out in clause 33.4, without undue delay on becoming aware of the unauthorised or incorrectly executed Incard Payment and in any event: (i) if you are a Micro-Enterprise or a Charity, no later than 13 months after the date the Incard Payment was executed; (ii) if you are not a Micro-Enterprise or a Charity, no later than 2 months after the date the Incard Payment was executed; we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Working Day following the day on which we became aware of the unauthorised Incard Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities. 29.2. You will be liable for: (a) all losses incurred in respect of unauthorised Incard Payments made by Incard if you and/or an Incard Platform User has acted fraudulently, or has intentionally or has with intent or gross negligence not complied with its obligations under clause 20; and (b) where clause 29.2(a) does not apply, up to £35 of any losses incurred in respect of unauthorised Incard Payments arising where you and/or an Incard Platform User has failed to keep the Security Codes safe and/or failed to stop the Incard Platform from being misappropriated, except where: (i) the misappropriation of the Incard Platform was not detectable by you and/or an Incard Platform User prior to the Incard Payment, except where you and/or the Incard Platform User has acted fraudulently; or (ii) the loss was caused by acts or omissions of an employee, agent or branch of Incard or of an entity which carried out activities on behalf of Incard. 29.3. Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of unauthorised Incard Payments where: (a) you have notified Incard in writing, without undue delay, on becoming aware of the loss, theft, misappropriation or unauthorised use of any Security Codes or the Incard Platform and the failure by Incard to do anything resulted in the aforementioned loss; or (b) Incard has failed to provide appropriate means for notification of the loss, theft, misappropriation or unauthorised use of any Security Codes or Incard Platform. 29.4. Incard shall not be liable for non-execution or defective execution in relation to an Incard Payment which it has made in accordance with a Unique Identifier given to it by you which proves to be incorrect. However, Incard shall make efforts to trace any non-executed or defectively executed Incard Payment and notify you of the outcome. 29.5. We are liable to you under clause 29.1 for the correct execution of an Incard Payment unless we can prove to you (and where relevant, to the Beneficiary's payment service provider) that the Beneficiary's payment service provider received the amount of the Incard Payment within the appropriate time period described in clause 9.15. 29.6. Under Regulation 92 of the Payment Services Regulations 2017, you may be entitled to a refund in certain circumstances where a payment is initiated by you as payee. It is not anticipated that any payment will be initiated by you as payee under any services provided by us. 29.7. The provisions in this clause 29 shall survive termination of these Terms. 29.8. In some circumstances a number of intermediaries (such as correspondent banks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges sometimes cannot be calculated in advance. You hereby acknowledge that you shall be liable for these charges. 29.9. Incard Payments and Incard Card Transactions are performed by Incard and liability for the same is therefore set out in these Terms. ### 30. Liability with Respect to Payments, ATM Withdrawals and Incard Card Purchases 30.1. If you believe that an Incard Payment, an ATM Withdrawal and/or an Incard Card Purchase has been incorrectly executed or was not authorised by you, you must inform us as soon as possible, and in any event within the time limits set out in our Terms, via the member support function on the Incard Platform. ### 31. Limitation of Liability 31.1. None of the organisations referred to in Clause 1 shall be liable in the following cases, unless they have caused damage as a result of gross negligence or culpable misconduct, have breached essential obligations under this Agreement or have caused injury to life, limb or health: (a) any error or failure related to the use of the Card that is a result of irregular and unpredictable circumstances beyond Our control and which, despite our best efforts, could not have been prevented, including but not limited to, an error or failure of the data processing systems; (b) the goods or services that You purchase with Your Card; (c) any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; (d) a merchant refusing to honour a transaction or refusing a payment; (e) any acts or omissions that are a consequence of Our compliance with any national or European Union law. 31.2. In addition to the limitations stated in Clause 31.1, our joint liability shall be limited as follows: (a) If Your Card is faulty due to our negligence, our liability shall be limited to replacing the card or refunding the funds available on Your card to You; or (b) If, as a result of our negligence, sums have been incorrectly deducted from Your card, our joint liability shall be limited to payment to You of the appropriate amount. 31.3. In all other cases pertaining to our joint negligence, our joint liability shall be limited, subject to Clause 31.1, to the repayment of those funds available on the Card. 31.4. If you have fraudulently used (or permitted the fraudulent use of) Your card in a manner that is contrary to this Agreement or for other illegal purposes, or if You have allowed Your card or Your data to be compromised as a result of Your gross negligence, You shall be responsible for the use and misuse of the card. We will take all reasonable and necessary steps to recover any damage attributable to Your conduct. Your liability shall not be subject to any limitation, unless said limit is established by applicable laws and regulations. This means that You must take good care of Your card and data and act responsibly, otherwise You will be held liable. 31.5. As a responsible issuer of electronic money, Incard takes the security of Your money very seriously. Your funds are held in a secure customer account for the specific purpose of carrying out transactions made using Your card. In the unlikely event of insolvency, funds that have reached Incard's account are protected from claims by creditors. We will take all reasonable and necessary steps to recover any loss from You, and there shall be no maximum limit to Your liability except where relevant laws or regulations impose such a limit. This means You should take care of Your Card and details and act responsibly, or You will be held liable. 31.6. The UK Financial Services Compensation Scheme (FSCS) does not apply to Your Card. This does mean that in the unlikely event that Incard became insolvent, any funds intended for but not currently held by them on Your Card may become unusable and any funds intended to be associated with Your Card may be lost. By using Your Card and by entering into this Agreement You are indicating that You understand and accept these risks. 31.7. We will not be liable for: (a) any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents us from providing the usual service; (b) any person refusing to accept or honour (or delays in accepting or honouring) your card, card number or PIN; or (c) any cash dispenser failing to issue cash. We will not be liable for the way in which you are told about any refusal or delay. ### 32. Termination of This Agreement 32.1. You may terminate the Services and the Terms by contacting our member services. 32.2. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms. 32.3. You can close your account, and so end the agreement, at any time by letting us know. You should do this through the Incard Dashboard. You will still have to pay any charges you've run up to that point. When you tell us you want to close your account we will give you the opportunity to withdraw the money we hold for you (we call this redemption). If you want us to send you money in a different currency than the currency we're holding for you, we will convert the currency using the rate that applies at the time, and take our usual fee, before sending the money to you. 32.4. Without prejudice to any rights that have accrued under these Terms, or any party's other rights or remedies, we or you may at any time terminate these Terms with immediate effect by giving written notice to the other if: (a) the other party commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so; (b) the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms; (c) the other party is subject to a bankruptcy, insolvency, winding up or other similar event; and/or (d) if we or a fraud prevention agency determine that you pose a fraud or money laundering risk; (e) the result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from these Terms. 32.5. Without prejudice to any rights that have accrued under these Terms or any of the party's rights or remedies, we may at any time terminate these Terms with immediate effect by giving written notice to you if: (a) there is a change of Control of you or you dispose of a substantial part of your assets; (b) we are unable to verify your information in the manner set out in these Terms; (c) you are an individual and you die or you are a partnership and your partnership ends; (d) we have reason to believe that your business and/or use of the Services: damages, corrupts, degrades, destroys and/or otherwise adversely affects the Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you; (e) there is a material change in the type of business activities you carry out; (f) there is a significant fluctuation (either positive or negative) in the aggregate number of Incard Transactions you enter into or the average Monthly Top Up Volume; (g) you have acted or omitted to act in any way which we reasonably determine to diminish our business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or (h) we are unable to provide the Services to you through the inability of any third party to provide us with any good and/or service that we require to provide the Services to you; (i) You act in a demonstrably threatening or offensive manner towards our employees or one of our representatives; (j) You do not pay any fees and charges incurred or do not rectify a balance deficit on Your card within one month. 32.6. Other actions we may take. If you have breached the terms of these Terms (including a breach of your obligation to pay us any amount owing) or we are otherwise entitled to terminate these Terms, we may: (a) suspend your use of the Services in which case we will not treat any order for an Incard Transaction that you may wish to make as being received by us; (b) report any Incard Transaction or any other relevant information about you and your use of the Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or (c) if appropriate, seek damages from you. 32.7. Upon termination of these terms in accordance with clause 37 (Changes to this Agreement) and this clause 32 (Termination): (a) your Incard Account will be closed; (b) you and your Incard Platform Users' licences to access the Incard Platform will be revoked. 32.8. If these terms are terminated, any applicable Safeguarding Partner Terms will automatically be terminated. 32.9. Upon the termination of the Agreement, You will be refunded all funds available on your Incard Account free of charge, and subject to the following conditions. Please inform our Customer Service Department, in accordance with Clause 26, as to how You would like us to manage the unused funds available on Your Incard Account. We will arrange for a transfer to be made to the bank account from which You initiated the depositing of funds, or which You have designated as the account owner for this purpose. We will not allow Your request for the refunding of Your funds to be executed if we reasonably believe that You have provided false information (personal details), we are concerned about the security of a transaction (use for money laundering, terrorist financing, fraud or other illegal activity) or if Your Incard Account has no balance. 32.10. If You request the redemption of the entire remaining balance, we will assume that You wish to terminate this Agreement and cancel Your card. 32.11. If You wish to terminate the Agreement but have not activated the card or used the card for any payment transaction or purchase, You must return the Physical card (if issued) in this condition to Us unless You can prove to Us that You have rendered the card unusable. If You wish to cancel the Agreement and have already activated the card or used it for payment transactions or purchases, You must prove to us that You have rendered the card unusable. 32.12. If, for any reason, You still have available funds following the termination of Your Agreement, You may arrange for them to be redeemed in full during a period of up to 6 years. 12 months after the termination of Your Agreement, and if funds are still available, We will notify You one month in advance regarding the calculation of an administration fee for expired cards for the administration of funds in accordance with Clause 43. The funds available on your Incard Account will be used to settle this fee. ### 33. Notice 33.1. You agree and consent to electronic receipt of all notices and communications that we provide. We will normally provide notices and communication to you through sending a message. We may also communicate with you via post to the addresses, via email to the email addresses, via SMS and phone call to the mobile phone numbers and via phone to the landline numbers provided to Incard, as same are updated from time to time. The contract and any communication between you and us will be in English. 33.2. It is your responsibility to ensure that you: (a) log onto the Incard Platform regularly; (b) regularly review the Incard Platform, the Website, registered email address and SMSs and open and review communications that we deliver through those means; (c) ensure that contact information stored on the Incard Platform is up to date. 33.3. We shall contact you via your mobile phone, the details of which are contained on the Incard Platform, in the event of suspected fraud or security threats, unless we suspect that your mobile phone has been the subject of a security breach in which case we shall contact you by another method that we reasonably believe to be secure. 33.4. Any notice or communication shall be deemed to have been received: (a) if delivered in person, on signature of a delivery receipt or at the time the notice is left at the proper address; (b) if sent by post, at the time of delivery; (c) if sent by next Working Day delivery service at the time recorded by the delivery service; and (d) if sent via the Incard Platform including the member support function, SMS, email or phone call, at the time of transmission. ### 34. Your Personal Information 34.1. Incard uses your data to provide our services to you. 34.2. Each of the parties to these Terms will comply with all applicable requirements of the Data Protection Legislation. For the purposes of these Terms, "Personal Data" and "Data Controller" shall have the meaning given by the Data Protection Legislation. We will protect it in accordance with the Data Protection Act 2018 (DPA 2018). 34.3. When you enter or upload your data into our services, we don't own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences. 34.4. When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. 34.5. The processing of your data is governed by these Terms including our Privacy Policy. 34.6. We act as Data Controller with respect to Personal Data relating to: (a) You, if you are an individual or a partnership; or (b) your beneficial owners, directors, partners, LLP members if you are a legal entity. This Personal Data which we hold as Data Controller shall be referred to as "Incard Personal Data". 34.7. We set out in our Privacy Policy how we handle Incard Personal Data. 34.8. You may utilise third party services that connect directly to your Incard Account pursuant to these Terms. When you provide your account details to those third parties, you remain liable for all activity under your Incard Account and take full responsibility for ensuring that you have appropriate agreements in place with that third party in relation to transfer of data including Personal Data. 34.9. We may transfer Your personal data to a location outside the UK where it is necessary for the provision of our services, such as customer support, account administration or reconciliation, or as a result of Your request, including processing an international transaction. If We transfer personal data outside the UK, We will take steps to ensure that Your data enjoys a level of protection that is, to a significant extent, comparable with that level of protection afforded for data which is processed within the UK. Please note that not all countries have statutory provisions in place governing the protection of personal data, which are comparable to those of the UK. In order to guarantee said protection, We conclude appropriate Agreements with our suppliers and service providers. Before using our products and services, You will have the opportunity to consent to the processing of Your personal data outside the UK. Please note: We cannot provide You with Our services without this consent. 34.10. We reserve the right to transmit the information or Personal Data about you as well as activity in your Incard E-Money Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated. 34.11. Among other things, You have the right to request details of the personal data stored about You, and to restrict or revoke the processing of such data. You may exercise these rights by contacting us in writing or in electronic form in accordance with Clause 26. Where permitted by law, we may charge a fee for this service. ### 35. Confidentiality 35.1. The provisions of this clause shall not apply to any Confidential Information that: (a) is or becomes generally available to the public (other than as a result of its disclosure by the Incard or its Representatives in breach of this clause); (b) was available to Incard on a non-confidential basis before disclosure by Incard; (c) was, is or becomes available to Incard on a non-confidential basis from a person who, to Incard's knowledge, is not bound by a confidentiality agreement or is otherwise prohibited from disclosing the information to Incard; (d) the parties agree in writing is not confidential or may be disclosed; or (e) is developed by or for the receiving party independently of the information disclosed by the disclosing party. 35.2. Incard shall keep your Confidential Information confidential and shall not: (a) use such Confidential Information except for the purpose of exercising or performing its rights and obligations under or in connection with this agreement (the "Permitted Purpose"); or (b) disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause 35. 35.3. Incard may disclose your Confidential Information to its Representatives who need to know such Confidential Information for the Permitted Purpose and to its Partners for the purpose of improving its or its Partners business processes, provided that: (a) it informs such Representatives and/or Partners of the confidential nature of the Confidential Information before disclosure; and (b) it procures that its Representatives and/or Partners shall, in relation to any Confidential Information disclosed to them, comply with obligations which are similar to those set out in this clause; and (c) at all times, it is liable for the failure of any Representatives or Partners to comply with the obligations set out in this clause 35. 35.4. Incard may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction. 35.5. On termination of this agreement, Incard shall keep your Confidential Information safe and shall not be under an obligation to return Confidential Information to you or delete the Confidential Information it holds unless required to do so by law. 35.6. The provisions of this clause 35 shall continue to apply after termination of this agreement. ### 36. Intellectual Property 36.1. We own all the intellectual property in our products (for example, the content in the Incard Dashboard and on our website, and our logo and card designs). You must not use our intellectual property as your own. 36.2. We own all intellectual property in our products, including but not limited to any content in the Incard website, mobile app, card designs, dashboards, scripts. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Incard's intellectual property includes all logos related to the Services. You may not copy, imitate or use Incard's intellectual property rights without prior written consent. 36.3. We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and are free to use them as we see fit. 36.4. Nothing in these Terms grants you any legal rights in the Incard Platform and/or the Website, other than as set out in these Terms. You agree not to adjust or try to circumvent or delete any notices contained on the Incard Platform (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Incard Platform. ### 37. Changes to the Agreement 37.1. Subject to the remaining provisions of this clause 37, this contract may be changed by us at any time for legal, regulatory, economic or security reasons, in order to enable the correct offer of the card system or to improve it, or for any other reason. 37.2. If any changes are made they will be published on Our Website at least 2 months before the changes take effect (unless the law requires or permits Us to make a more immediate change or in the event of a change to the exchange rate). Copies of the most up-to-date version of the Agreement will be made available on Our Website at all times and will be sent to You by email upon request free of charge at any point during the Agreement. If You do not accept the change, You may invoke the extraordinary termination of this Agreement free-of-charge before the expiry of said deadline. 37.3. We may need to amend this Agreement without notice or with less than 2 months notice. However, this would only take place on a very rare basis and exclusively for legal, regulatory or security reasons, or for the purpose of providing the card system in a compliant manner. In such a case, we will inform You of the changes made with as much advance notice as possible or, if that is not possible, as soon as the changes take effect. In this case You have the right to terminate the Agreement retroactively within one month after notification. ### 38. Law and Courts 38.1. This Agreement, along with any relationship between you and us arising out of or in connection with this Agreement, shall be governed by the laws of England and Wales. Any disputes arising out of or in connection with this Agreement shall fall within the exclusive jurisdiction of the courts of England and Wales. ### 39. Assignment 39.1. If you do not meet your payment obligations mentioned in these terms and conditions even after 2 reminders, we may assign the corresponding claim to a debt collection agency. 39.2. In addition to that we may assign rights and obligations under this Agreement to another company at any time. We will inform You thereof 2 months in advance. Your rights stemming from this Agreement remain unaffected in this case. If You refuse the assignment within the 2 months, You may invoke the extraordinary termination of this Agreement and apply for a free-of-charge refund of Your available funds in accordance with Clause 32.9. 39.3. You will indicate agreement to the assignment by the continued use of the card following the 2 months' notice period. ### 40. Severability Clause 40.1. If any term or provision of this Agreement is found to be unlawful or unenforceable, in whole or in part, pursuant to any law (or corresponding principle), said term or provision (or part thereof) shall not be deemed part of the Agreement to that extent, without prejudice to the validity and enforceability of the remainder of the Agreement. In such a case, the contracting parties shall undertake, taking into account the principle of good faith, to replace the invalid term or provision with a valid term or provision, which comes as close as possible to the meaning and purpose of the invalid term or provision, and which can be assumed to have been agreed by the parties at the time of conclusion of the Agreement, had they known or been able to foresee its invalidity or nullity. ### 41. Limits on Your Incard Account 41.1. We reserve the right to impose at our sole discretion Account Limits based on criteria determined by us that do not have to be disclosed. Account Limits might be imposed upon the following: (a) the maximum balance of each Incard E-Money Account; (b) the amount of a single Faster Payment, SWIFT, SEPA, CHAPS and BACS credit you can receive into an Incard E-Money Account; (c) the amount of a single Faster Payment, SWIFT, SEPA, BACS, international payment or direct debit you can make out of an Incard E-Money Account; (d) the total amount of Faster Payments, international payments and direct debits you can make out of your Incard E-Money Accounts in each calendar month; (e) the amount of Electronic Money Exchanges you can enter into, per transaction and per month; (f) the amount of Incard Card Transactions that can be entered into by the Incard Cardholders per month; (g) the amount of Incard Card Transactions that can be entered into by each Incard Cardholder per day; (h) the amount of Cash Deposits that can be made per deposit and per month; (i) the amount of ATM Withdrawals that can be entered into by each Incard Cardholder and each Incard Account in a given day. 41.2. The Account Limits are not fixed. If you would like to find out more information about your Account Limits and whether or not your Account Limits can be increased or decreased, please get in touch via the customer support on the Incard Platform - we may be able to provide you with procedures or methods to vary such Account Limits, for example, by you providing us with supplemental information. ### Schedule 1 – Definitions "Agreement" means these terms and conditions. "Applicable Law" means (i) any law, regulation or generally accepted practices or guidelines in the relevant jurisdictions applicable to the Parties from time to time (ii) the operating rules, regulations and guidelines and technical standards promulgated from time to time by any organization which apply in respect of the Authorised Products (including, without limitation, any Network); and (iii) Sanctions. "ATM" means automatic teller machine or cashpoint facility or cash dispenser means an Incard Cardholder using his/her Incard Card and PIN to redeem Electronic Money from your Incard E-Money Account and obtaining the equivalent amount of cash from an ATM with or without an Electronic Money Exchange taking place. "Available Funds" means at any given time any unspent funds loaded onto Your Card which are available to pay for transactions and fees and charges payable under this Agreement. "Beneficiary" means the person that you wish to send money to. "Beneficiary Bank Account" means the account of the Beneficiary where you wish to send money, be it a bank account, electronic money account or otherwise. "Business Day" means any day between and including Monday to Friday, between 9am and 5pm (UK time) except for bank or public holidays in England and Wales. "Incard" or "VISA Platinum® Card" means a Physical or Virtual electronic money card issued by Incard which allows Incard Cardholders to enter into Incard Card Transactions pursuant to these Terms. "Confidential Information" means all information, data, practices and techniques relating to a Party, or a related body corporate, customers, competitors, business, operations, strategies, computer systems, marketing systems and intellectual property or other property of which the other party becomes aware in negotiating or performing this Agent Agreement, the terms of this Agent Agreement and arranging the Authorised Products under this Agent Agreement. "Contactless" means a payment feature that provides You with a way to pay by tapping the Card on a point-of-sale terminal reader for transactions of up to a specified limit. "Data Protection Legislation" means all applicable data protection and privacy legislation in force from time to time in the UK including The Data Protection Act 2018 (the "DPA 2018"), the United Kingdom General Data Protection Regulation (the "UK GDPR") and The Privacy and Electronic Communications Regulations ("PECR"). "Electronic Money" means electronically stored value as represented by a claim against Incard (where the currency of the Electronic Money is GBP). "Electronic Money Exchange" means using Electronic Money in one currency to purchase Electronic Money in another currency using our standard exchange rate. "Eligible Transactions" means both the receipt of money by Incard via Faster Payments, CHAPS and SWIFT and the corresponding issuance of Electronic Money into one of your Incard E-Money Accounts and the redemption of Electronic Money in one of your Incard E-Money Accounts and sending the corresponding money out via Faster Payments. "EMD Agent" has the meaning set out in the Electronic Money Regulations 2011 (UK). "Expiry Date" means the date printed on Your Card which is the date Your Card will cease to work. "Fee" means any fee payable by You to us in respect of this Agreement. "Incard Card Purchase" means an Incard Cardholder using his/her Incard Card to purchase goods and/or services from a merchant whereby the Electronic Money in the associated Incard GBP E-Money Account is redeemed and the equivalent amount of money is sent to the relevant merchant, through the card schemes, with or without an Electronic Money Exchange taking place. "Incard Card Transaction" means an Incard Card Purchase, an ATM Withdrawal and a Cash Deposit. "Incard Cardholder" means a person who has been issued with an Incard Card and is able to enter into Incard Card Transactions. "Incard E-Money Accounts" means both your Incard GBP E-Money Account. "Incard Payment" means the payment and currency conversion service that enables you to receive, convert and pay-out funds via domestic and international payments. "Incard Basic Subscription Fees", "Incard Grow Subscription Fees", "Incard Advanced Subscription Fees" and "Incard Bespoke Subscription Fees" means the monthly Fees payable by Incard Basic Businesses, Incard Grow Businesses, Incard Advanced Businesses and Incard Bespoke Businesses respectively for the Incard Basic service, the Incard Grow service, the Incard Advanced service and the Incard Bespoke service. "Incard Basic Business", "Incard Grow Business", "Incard Advanced Business", "Incard Bespoke Business" means you, if you avail of respectively the Incard Basic service, the Incard Grow service, the Incard Advanced service or the Incard Bespoke service. "Incard Transactions" means both Incard Platform Transactions and Incard Card Transactions. "KYC" means Know Your Customer and defines a process by which customer identification verification is carried out to allow features and functions on Your card. "Mobile App" means Incard's mobile application which gives Incard Platform Users the ability to access the Incard Platform. "Monthly Top Up Volume" means the total amount of money we receive on your behalf during the course of a month, measured in GBP. Money Incard receives on your behalf which is not GBP shall be converted to GBP using our standard exchange rate for the purposes of calculating the Monthly Top Up Volume. "Partner" means any of Incard's business partners including its Safeguarding Partner(s) and any other third-party providers which are associated with your Incard Account. "Payment Services" has the meaning set out in the Payment Services Regulations 2017 (UK). "Payments" means Incard Payments. "PIN" means Your unique personal identification number which is provided to You for use with Your Card. "PSD 2" means the Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC and shall include any subsidiary legislation, codes, notices and guidelines promulgated in relation thereto and as amended from time to time. "Restricted Country" means a country that is sanctioned or high risk or that Incard otherwise does not accept as a country you can send money to, spend money in or receive money from, further details of which can be found on the following link. "Safeguarding Partner" means any financial institution appointed by Incard from time to time to safeguard funds corresponding to Electronic Money in accordance with the Electronic Money Regulations 2011, details of which are available on the Website. "Safeguarding Partner Terms" means the terms and conditions of the applicable Safeguarding Partner(s), as made available to you on the Incard Platform or Website from time to time. "SEPA" means a SEPA payment for cross-border Euro bank transfers. "SEPA Region" means the Single European Payments Area which consists of, at the time of drafting these Terms, all the member states of the European Union, Iceland, Liechtenstein, Norway, Switzerland, Andorra, Monaco and San Marino. "Service providers" means the third parties providing services (includes but not limited to the services which maintain segregation bank accounts for you, App / website, and other services you want) to Incard for the service mentioned in the Agreement. "SWIFT" means SWIFT payments which are the type of international transfer sent using the Society for Worldwide Interbank Financial Telecommunications. "Terms" means these terms and conditions, the Website Terms, the Cookie Policy, the Privacy Policy and the Website Acceptable Use Policy. "Unique Identifiers" means the details of a bank account or electronic money account which it is essential that: (a) Incard Platform Users enter correctly in order to execute a Payment correctly, further details of which are set out in clause 11.4; and (b) third parties enter correctly in order to send money to your Incard E-Money Accounts. "We", "Us", "Our" or "Incard" means INCARD LTD, in England and Wales with company number 13073893 and whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, Your contractor. "Website" means our general website, the web address of which is [www.incard.co](http://www.incard.co). "Website Acceptable Use Policy" means the website acceptable usage policy which can be found on our Website. "Website Terms" means the terms and conditions regarding the use of our Website which can be found on our Website. "Working Day" means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. "You" or "Your" refers to the cardholder or a person/employee of a company who has received the card and authorised to use the card as provided under the terms of this Agreement. # General Services Agreement - Switzerland PLEASE READ THESE SERVICE AGREEMENT BEFORE USING THE INCARD PLATFORM. This document sets out the Terms governing your use of the Services provided by Incard, including your Incard Account, Incard E-Money Account(s), Card(s) and related payment services. By completing the registration process and accepting these Terms, you enter into a legally binding Agreement with Incard. ### 1. Information about Us and this Agreement 1.1. The capitalised terms used in these Terms have the meanings given in Schedule 1 (Definitions). 1.2. These Terms constitute a framework agreement between: (a) INCARD LTD, a company incorporated in England and Wales under company number 13073893, whose registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ (referred to in these Terms as “Incard”, “we”, “us” or “our”); and (b) You, being the business customer entering into this Agreement with Incard. 1.3. These Terms govern your access to and use of the Services, including: (a) opening, accessing and using your Incard Account and Incard E-Money Account(s); (b) holding, receiving, redeeming and exchanging Electronic Money; (c) initiating and receiving Incard Payments and other supported payment transactions; (d) using any Card issued in connection with your Incard Account to carry out Card Transactions; and (e) any other Services that Incard makes available to you from time to time. 1.4. The Safeguarding Partner Terms are separate to these Terms and set out the terms on which our appointed Safeguarding Partner(s) hold funds corresponding to your Electronic Money via the Incard Platform. 1.5. By agreeing to these Terms, you are agreeing to and will be deemed as agreeing to the applicable Safeguarding Partner Terms. 1.6. Before you can benefit from the Services, you are required to: (a) read these Terms and tick the box online confirming the accuracy of the information provided online and your agreement with these Terms; (b) read the applicable Safeguarding Partner Terms and tick the box online confirming your agreement with the Safeguarding Partner Terms; (c) provide us with such photographic identification, documentation and information as we may reasonably request to comply with regulatory obligations. 1.7. These Terms incorporate the Website Terms, the Cookie Policy, the Privacy Policy and the Complaints Policy by this reference. By entering into this agreement you agree that we may use your information in accordance with the website privacy notice. 1.8. You must read the policies before entering the agreement with us: [Website Terms](/) [Cookie Policy](/privacy-policy/cookie-policy) [Privacy](/privacy-policy/privacy-policy) [Complaints](/complaints-policy/complaints-policy) 1.9. These terms may be amended from time to time subject to the changes of business environments, regulatory frameworks, and conditions of us, our Partners and/or service providers. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Incard will notify you of any updates on these terms via email and announcement on our website. You may be treated as consent and agree if no contrary intention is received from you within 60 calendar days. 1.10. In order to open an Incard Account and obtain an Incard Card, You must: (a) Be at least 18 years old; (b) Be a business (such as a sole proprietorship, GmbH/Sàrl, AG/SA) registered and domiciled in Switzerland; (c) Have a smartphone with a mobile number and a valid identity document; and (d) Have a business that should not fall under clause 24. 1.11. You must provide us with an email and postal address and phone number and let us know of any changes. 1.12. You confirm that you have provided the correct information during the process of creating an Incard Account. You undertake that, if your details change, you will notify us immediately. You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate information. 1.13. We may monitor and/or record telephone calls between you and us or service providers. 1.14. We may transfer our rights or obligations under this agreement or arrange for any other person to carry out its rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement. ### 2. Regulatory Landscape 2.1. Incard is authorised to issue e-money and provide payment services by the Financial Conduct Authority (the "FCA") under the Electronic Money Regulations 2011 and the Payment Services Regulations 2017 (firm reference number **1027309**). 2.2. The Services are provided to You on a pure cross-border basis from the United Kingdom. Incard does not have a physical presence, branch, employees, or agents in Switzerland. Contracts are entered into directly between Incard (in the UK) and You (in Switzerland). 2.3. The Services are provided from the United Kingdom to customers domiciled in Switzerland on a cross-border basis. Incard does not have a physical presence, branch, or establishment in Switzerland, and all services are delivered from outside Switzerland. 2.4. The following services, which are accessible through the Incard Platform, are carried out by us and ClearBank and will be subject to these Terms and the ClearBank Terms: (a) the issuance and storage of Electronic Money in EUR, USD and GBP (where available); (b) the provision of payment services and currency conversion services; (c) the EUR Collection Service, the GBP Collection Service, the USD Collection Service, the SWIFT Collection Service in your Incard account; (d) the issuance of Cards pursuant to a licence from VISA; (e) Incard Cardholders entering into Incard Card Transactions. 2.5. Cards provided to CH business accounts are issued by Incard Ltd pursuant to licence by Visa Europe Limited. The Card remains the property of Incard at all times. 2.6. The production of the Cards and the technology systems required to operate the Cards are provided by Incard and third party service providers. 2.7. Incard provides customer support for Cards. All communications should be sent to Incard through email (). 2.8. Incard and ClearBank are subject to the relevant Payment Services Regulations of the United Kingdom and under the supervision of the FCA. These regulations regulate how payments must be transmitted and provide protection when you send money. 2.9. If you require further information on the status of Incard as an electronic money institution, details are available on the FCA’s website [www.fca.org.uk](http://www.fca.org.uk). The FCA can be contacted at 12 Endeavour Square, London, E20 1JN or on telephone number (+44) (0)20 7066 1000. 2.10 You acknowledge that the Services are regulated under UK law and supervised by the FCA. Swiss regulatory authorities, including the Swiss Financial Market Supervisory Authority (FINMA) and the Swiss National Bank, do not supervise or regulate the Services. You are responsible for ensuring that your use of the Services complies with any applicable Swiss laws and regulations. ### 3. Commencement and Term 3.1. The execution of the contract begins on the day Incard confirms your Incard account has been approved, taking into account clause 10.5, and shall continue until terminated in accordance with clause 32. ### 4. Your Incard Account 4.1. Your Incard Multi-currency E-money account is an account in which Electronic Money in EUR, USD and GBP is stored in exchange for receiving the corresponding funds from you. 4.2. Incard is authorised to collect funds from you on behalf of our Safeguarding Partner(s) acting as the principal for safeguarding purposes pursuant to clause 4.1 and 4.3. 4.3. Incard holding the funds corresponding to the Electronic Money is not the same as a bank holding money for you in that: (a) our Safeguarding Partner(s) must safeguard the funds received, in exchange for Electronic Money that has been issued, meaning that the funds will be protected by being held in a designated safeguarding account and not mixed with any of Incard's own funds; (b) Incard cannot and will not use the funds received, in exchange for Electronic Money that has been issued, to invest or lend to other persons or entities; (c) your Electronic Money will not accrue interest; and (d) your Electronic Money is not covered by the UK Financial Services Compensation Scheme (FSCS), nor by any Swiss deposit protection scheme (such as pursuant to article 37a of the Swiss Banking Act (BA)). You acknowledge that as a Swiss-domiciled client using a UK-regulated service on a cross-border basis, your funds do not benefit from any national deposit guarantee or compensation scheme. 4.4. The funds corresponding to Electronic Money will be held by our appointed Safeguarding Partner(s) in one or more segregated accounts separately from Incard's own funds, in accordance with the provisions of the relevant UK Regulations. ### 5. The Incard Platform 5.1. As part of the Services provided under these Terms, we grant Incard Platform Users a non-exclusive, non-transferable right, without the right to grant sublicenses, to use the Incard Platform during the term of this Agreement solely for your internal business operations. Incard Platform Users (i.e. You and/or the designated person of your accounts) may access the Incard Platform via the Website and the iOS Mobile App. 5.2. The Incard Platform is our portal where Incard Platform Users can: (a) view the Incard Platform; (b) enter into Electronic Money Exchange; (c) enter into Payments; (d) view a list of Incard Transactions that have already been entered to; (e) view the balance and currency of the Electronic Money you hold in your Incard E-Money Account; (f) order physical and virtual cards and view your cards details; (g) view information about and manage your account; and (h) contact customer support. ### 6. Multi-User Functionality of Your Incard Account 6.1. You will be able to (when this functionality becomes available and subject to such restrictions that Incard puts in place): (a) grant Employees of your company access to your company's Incard Account and the right to become Incard Platform Users once they have been approved via the KYC process; (b) enable Incard Platform Users to enter into Incard Card Transactions pursuant to these Terms. 6.2. You fully authorise Incard Platform Users to use the Incard Platform and enter into Incard Platform Transactions on your behalf, debiting money from your Incard E-Money Accounts. For the avoidance of doubt, Incard shall have no liability to you for Incard Platform Users entering into Incard Platform Transactions on your behalf. It is your responsibility to ensure that you terminate an employee from being an Incard Platform User if you no longer want them to be able to enter into an Incard Platform Transaction on your behalf or if they no longer qualify to be an authorised user. 6.3. You fully authorise Incard Cardholders to enter into Incard Card Transactions on your behalf, which will debit money from the Incard GBP E-Money Account associated with the relevant Incard Card. It is your responsibility to ensure that you terminate an employee from being an Incard Cardholder if you no longer want them to be able to enter into Incard Card Transactions or if they no longer qualify to be an authorised user. ### 7. Free Plan, Grow Plan and Incard Plus Plan 7.1. If you are: (a) a Business User under the Free Plan: (i) we shall provide you with the services included in the Free Plan; (ii) no monthly subscription fee shall apply; and (iii) you shall pay the fees set out in the applicable Business Account Pricing UK – Free Plan for any services, transactions or usage that exceed the included allowances or are otherwise chargeable. (b) a Business User under the Grow Plan: (i) we shall provide you with the services included in the Grow Plan; (ii) you shall pay the Grow Subscription Fees; and (iii) you shall pay the fees set out in the applicable Business Account Pricing UK – Grow Plan for any services, transactions or usage that exceed the included allowances or are otherwise chargeable. (c) a Business User under the Incard Plus Plan: (i) we shall provide you with the services included in the Incard Plus Plan; (ii) you shall pay the Incard Plus Subscription Fees; and (iii) you shall pay the fees set out in the applicable Business Account Pricing UK – Incard Plus Plan for any services, transactions or usage that exceed the included allowances or are otherwise chargeable. 7.2. Where a monthly subscription fee applies, we will automatically charge your Incard Account for so long as your Incard Account remains active. 7.3. All paid Subscription Plans will automatically renew for successive renewal terms equal in length to the original Subscription Term unless cancelled in accordance with these Terms. 7.4. Your subscription continues until cancelled by you or until we terminate your access to or use of Incard in accordance with Clause 32 and these Terms. Cancellation will take effect at the end of the current Subscription Term. 7.5. If you upgrade your Subscription Plan (including from the Free Plan to the Grow Plan or Incard Plus Plan, or from the Grow Plan to the Incard Plus Plan), you will be charged: (i) the subscription fee applicable to your new Subscription Plan for the relevant billing period; and (ii) a pro rata amount of the difference between your existing Subscription Plan fee (if any) and your new Subscription Plan fee, based on the number of days remaining in your current billing cycle. 7.6. If you wish to downgrade your Subscription Plan (including from Incard Plus to Grow or Free, or from Grow to Free), you may submit your request through the Incard Platform or by contacting Customer Support. Any downgrade will take effect from the start of the next billing cycle. 7.7. We will charge you the applicable Subscription Fees for your selected Subscription Plan, if any. 7.8. Where Subscription Fees apply, we shall deduct them from your Incard GBP E-Money Account on the relevant billing date. If you do not have sufficient Electronic Money available: (a) you must deposit sufficient funds into your Incard GBP E-Money Account as soon as reasonably practicable; and (b) we reserve the right to collect the applicable Subscription Fees from any of your other Incard E-Money Accounts, including non-GBP E-Money Accounts, in which case our standard exchange rate will apply. 7.9. If we are unable to collect the applicable Subscription Fees within five (5) days of the payment due date, we reserve the right to suspend or terminate your paid Subscription Plan and, where applicable, move your account to the Free Plan or otherwise restrict or terminate your access in accordance with these Terms. ### 8. Electronic Money Exchanges 8.1. You can use Electronic Money from one of your Incard E-Money Accounts to purchase Electronic Money in the currencies of any of your other Incard E-Money Accounts by accessing the relevant section of the Incard Platform and following the on-screen instructions. The currencies of Electronic Money which you are able to purchase and store in your Incard E-Money Accounts are limited to those set out on the Incard Platform and are subject to change from time to time without us being required to provide you with notice. You may only enter into Electronic Money Exchanges for immediate settlement and delivery. 8.2. You will be informed, on the Incard Platform, prior to sending your request to enter into the Electronic Money Exchange, of: (a) the amount of Electronic Money you will use to purchase the amount of Electronic Money in your required currency; (b) the amount and currency of the Electronic Money you wish to purchase; (c) the exchange rate of the Electronic Money Exchange. 8.3. In order to submit the request to enter into the Electronic Money Exchange, You will need to confirm the details which have been entered by hitting the button on the relevant part of the Incard Platform. 8.4. The request to enter into an Electronic Money Exchange will be accepted when we confirm to you that the Electronic Money Exchange has been entered into, on the Incard Platform. 8.5. We shall use our standard exchange rates when performing Electronic Money Exchanges. Our standard exchange rates are based on a mark-up of the rate we are able to obtain ourselves as wholesalers. Our exchange rates are therefore constantly changing with the currency markets. You should refer to our full fee schedule for more information. 8.6. Please note that we reserve the right to limit the amount of Electronic Money Exchanges you can enter into outside Working Days. This is because, on days which are not Working Days, the currency markets can have very little liquidity and we are exposed to negative movements. ### 9. Incard Payments 9.1. Incard Payments are executed by Incard and are subject to these Terms. The following provisions set out how you can instruct an Incard Payment through the Incard Platform. 9.2. The Services provide for the transmission of funds from Customers to recipients ("Recipients") via electronic funds transfer, wire transfer or other electronic methods. The Services involve the use of our banking and payment partners for the remittance of money, the buying or selling of foreign currency, and any other global payment solutions provided from time to time. 9.3. Incard Platform Users can make a request to enter into a Payment through the Incard Platform (Mobile App or Web App). The request through the Incard Platform can be made by logging onto the Incard Platform and clicking on the "pay" button and following the on-screen instructions. 9.4. The Fees for Payments are set out in our full fee schedule. 9.5. In order for a Payment instruction from you to be properly executed, you must provide us with the information or Unique Identifier which is necessary for the proper execution of the Payment instruction. If this is incorrect, it could result in the Payment being delayed or the monies transferred being lost. The information could comprise the Beneficiary Bank Account's bank sort code and account number or, where applicable, the payee's SWIFT number, BIC number and IBAN number. 9.6. In order to complete the request to enter into the Payment, the Incard Platform User will need to confirm the details which have been entered by hitting the relevant button on the relevant part of the Incard Platform and complying with any additional security requirements requested on the Incard Platform. 9.7. Once you have entered or confirmed (as appropriate) the information set out in clause 9.6 by clicking on the relevant button and/or complying with the additional security requirements on the Incard Platform, this will constitute You providing consent to Incard for the Incard Payment. You cannot revoke consent to enter into an Incard Payment unless it is a Scheduled Incard Payment, in which case you can revoke consent on the "pay" part of the Incard Platform no later than the end of the Working Day before the agreed day of execution of the Scheduled Incard Payment. 9.8. It is essential that you check the details of each Payment before providing its consent for the execution as Incard is unable to recall a Payment once it has been executed, even if it is to one of your 'known' Beneficiaries. 9.9. The request to enter into an Incard Payment shall be deemed to be received at the time at which it is received except that: (a) where the request is received on a day which is not a Working Day or is received after 3 pm, London time on a Working Day, we have the right to treat the request as having been received on the next Working Day; (b) where it is agreed between us and you that an Incard Payment is to be executed on a specified day; and (c) the time of receipt of the request is deemed to be the day so agreed unless such day is not a Working Day in which case the request is deemed to have been received on the first Working Day thereafter. 9.10. Once the Payment has been completed, you will be able to view the completed Payment on the Incard Platform. 9.11. After we receive a request to enter into an Incard Payment, we shall provide the following information: (a) a reference enabling you to identify the Incard Payment and, where appropriate, information relating to the Beneficiary; (b) the amount of the Incard Payment in the currency used; (c) the amount of the charges and transfer fees for the Incard Payment payable by you (with a breakdown of such amounts where applicable); (d) where applicable, the exchange rate used in the Incard Payment and the amount of the Incard Payment after that currency conversion; and (e) an estimate of the date your payment will reach your beneficiary and be completed. 9.12. We will provide you with the information specified in clauses 9.11 and similar information relating to all Incard Transactions via PDFs made available on the Incard Platform, free of charge at least once a month. You will examine the confirmations and communications which we send to you within a reasonable time after receiving them and will promptly advise us without undue delay of any apparent mistake or discrepancy. Delay in notification may make correcting any error difficult. 9.13. If, for whatever reason, the funds are not deposited in the Beneficiary Bank Account and are returned to your Incard E-Money Account, they will be converted into the currency of the Incard E-Money Account they were originally withdrawn from. Due to the difference in price for purchasing and selling currencies and/or fluctuations in exchange rates, the amount of Electronic Money you receive back into your Incard E-Money Account may be more or less than what was originally redeemed to perform the Payment. Incard is not liable for any losses you incur in this respect. 9.14. Some Suppliers might accept payment by setting recurring payments to be deducted from your Incard E-Money Account on a regular basis. The amount of the recurring payment and the intervals at which the payments will be deducted is determined by the arrangement between you and the relevant Suppliers and their terms and conditions will apply. If you wish to amend or cancel your recurring payment, you may only do this by contacting the Suppliers directly. 9.15. Where an Incard Payment is denominated in: (a) euro to a Beneficiary Bank Account within the European Economic Area ('EEA') or an EEA currency other than euro and the Beneficiary Bank Account is located within the EEA, we shall ensure that the amount of the Incard Payment is credited to that account by the end of the fourth Working Day following that on which your request to enter into the Incard Payment was deemed to be received; and (b) a currency other than euro and the account of the Beneficiary's payment service provider is located outside the EEA, we shall endeavour to ensure that the Incard Payment arrives as soon as is reasonably practicable. ### 10. Cards 10.1. The Cards are issued by Incard. The Fees for the issuance and use of the Cards are set out in our full fee schedule. 10.2. The Card is a Platinum Business Debit Payment Card that can be used to pay for goods and services at participating merchants that accept VISA cards. (a) The Virtual Card is designed for use in online shops or for telephone purchases where the Card is not required to be physically present. (b) The Physical card is designed for use in shops and retail locations where You are physically present and for online, telephone and other distance purchases and, only if enabled, can be used to make cash withdrawals from ATMs and banks that agree to provide this service. 10.3. As with any payment card, We cannot guarantee that a particular merchant will accept the Card. If You are unsure about this, please check with the merchant before attempting to complete the transaction. 10.4. You must ensure that You have sufficient Available Funds on the balance to pay for each purchase, payment or cash withdrawal using the Card. Regardless of the type of Card(s) You have, You will have only one Account where Your Available Balance is located. 10.5. The Card is intended for use as a means of payment and funds loaded onto the Card do not constitute a deposit. You will not earn interest on the balance of the Card. 10.6. When You receive Your Physical Debit Payment Card, it will be issued to You or one of the Incard Platform Users in an inactive state. You will need to activate it by referring to the Website and following the instructions for activation prior to use. If You don't activate Your Card, any transactions that You attempt to carry out may be declined. 10.7. The Card will expire on the Expiry Date and will cease to work. Please check Condition 16 of this Agreement for further information. 10.8. We reserve the right to refuse Your application to issue or activate the card, or to close Your customer account if the checks carried out pursuant to Clause 11 – or other circumstances – give rise to a definitive suspicion based on circumstantial evidence that You are using the card for, or are involved in, money laundering, terrorist financing, fraud or other illegal activities. In such a case, we will inform You as soon as is practically possible regarding the rejection of the application. ### 11. Identification Required for Purchase of Incard Cards 11.1. We need certain information concerning You and only store this information for as long as it is required for the purpose described. You can find further information in clause 34. 11.2. For the purposes of secure identification, we require proof of Your identity and proof of your business identity and addresses to fulfil the applicable statutory requirements. To this end, We may need documentary evidence from You and/or we may conduct the verification of Your personal and business information using electronic means. 11.3. The activation of the Card will indicate to us that You consent to the checks described in this Agreement being undertaken. 11.4. Where permitted, You may request additional Cards linked to Your Card. You authorise us to issue Cards and PINs to the additional cardholders and You authorise each additional cardholder to authorise transactions on Your behalf. You remain responsible for any fees, transactions, use or misuse of any Card or additional Card requested by You. 11.5. These terms also apply to any additional cards or cardholders set up by You. It is important that You submit these terms to each additional cardholder before they use the card. ### 12. How to Use the Card 12.1. A Card may only be used by the person to whom the Card was issued. In the case of an additional or secondary Card, that Card may only be used by a person nominated by the primary cardholder. The Card is otherwise non-transferable, and You are not permitted to allow any other person to use the Card, for example by disclosing Your PIN or allowing them to use Your Card details to purchase goods via the internet. Prior to use, the Card should be signed on the signature strip located on the back of the Card. 12.2. You agree that any use of your card, card number or PIN constitutes your authorisation and consent to a transaction. 12.3. We may assume that a transaction has been authorised by You, if either: (a) in the case of a Physical card, the magnetic strip on the Card was swiped by the retailer or the Card was inserted into a chip & PIN device; or (b) the Card PIN was entered or a sales slip was signed; or (c) in the case of a Physical card or Virtual Card, relevant information was supplied to the retailer that allows them to process the transaction, for example providing the retailer with the 3-digit security code on the back of Your Card in the case of an internet or other non face-to-face transaction; or (d) Your Card is tapped against a Contactless-enabled reader and accepted by such a reader. 12.4. Normally, We will receive notification of Your authorisation by way of an electronic message in line with the rules and procedures of the payment scheme (VISA network). Once You have authorised a transaction, the transaction cannot be stopped or revoked. However, You may in certain circumstances be entitled to a refund in accordance with clauses 22 and 23. 12.5. On receipt of notification of Your authorisation or the authorisation of an authorised user of a transaction and the transaction payment order, normally We will deduct the value of the transaction, plus any applicable fees and charges, from the Available Funds on the Card. 12.6. The Card can only be used for transactions where authorisation is sought and given at the time of the transaction. 12.7. You cannot stop a transaction after it has been transmitted to us by giving your consent to the transaction. 12.8. Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Card the transaction will be declined. Under certain circumstances, a transaction may result in a negative balance on Your card account – this usually happens when the merchant has not obtained authorisation for the transaction. In such cases we will attempt, to the extent possible, to recover part or all of the funds from the merchant, provided that we have no concrete or circumstantial suspicion that You have intentionally used the card in a manner that results in a negative balance. We deal with such transactions on a case-by-case basis. We will, under such circumstances, ask You to deposit funds to cancel out any negative card balance and limit or suspend the use of Your card until Your card has available funds again. 12.9. The Card may be used in full or part payment for purchases. In the case of part payment, the cardholder will be required to pay the outstanding amount of the purchase by an alternative means, for example, cash, bank transfer, debit card or credit card. 12.10. You are able to use Your Physical card to enable Contactless transactions. When using Your card for Contactless transactions, a maximum limit will apply. The limit is regulated by the local regulator or conditions of the program and may vary from time to time. We will advise You what the limit is and of any changes to the limit on Our Website. 12.11. If You use Your Card for a transaction in a currency other than the currency in which Your card is issued, the transaction will be converted into the currency in which Your card is issued at a rate shown at VISA website. The rate is calculated on the date when the transaction is authorised by VISA ('authorisation day'). Details of how to calculate the actual transaction date, and therefore the appropriate exchange rate, can be found in the FAQ section of the website. The exchange rate changes during the day is not fixed by Us, therefore we are not responsible and cannot guarantee that You will receive a favourable exchange rate. Changes in exchange rates can occur immediately and without notice. You can compare the rate being applied to your transaction with the rates published by the European Central Bank by using this link. You can obtain exchange rate information upon completion of the transaction via Your online account (App or WebApp). 12.12. Normally We can handle transactions 24 hours a day, 365 days a year. However, We cannot guarantee this and under certain circumstances such as in the event of a serious technical problem, We may not be able to receive or complete a transaction immediately. 12.13. This is not a debit card supported by a bank account, and is not in any way connected to a bank account. It is also not a guarantee card, charge card or credit card. Interest will not be earned on any funds loaded on to the card. ### 13. Restrictions on Use of Card 13.1. You must ensure that You have sufficient Available Funds on Your Card to pay for each purchase, payment or cash withdrawal using the Card. The amount that is allowable for transactions is shown in Clause 41 as well as Our website. Increased limits and certain functions may require additional identity checks be performed on the cardholder before they can be allowed. 13.2. The Card is not linked to a bank deposit account and is not a cheque guarantee card, charge card or credit card, nor may it be used as evidence of identity. 13.3. You must not use the card for any illegal purposes. 13.4. Subject to the limits, You may re-deposit new funds. New funds may only be deposited using the methods approved by us. We describe those applicable methods for depositing funds on Your Card on the website. If You have any questions about the methods for depositing funds on Your Card, please contact Our Customer Service Department in accordance with Clause 26. In order to prevent fraud, money laundering, terrorist financing and other financial crimes, We reserve the right to change these limits at any time or refuse the depositing of new funds if there is a concrete suspicion of fraud, money laundering, terrorist financing or other financial crimes. 13.5. The respective spending limits apply to the Card. More detailed information can be found in Clause 41 and on the website. 13.6. Any preauthorisation amount (such as a hotel booking or car hire) will place a "hold" on Your Available Funds until the retailer sends Us the final payment amount of Your purchase. Once the final payment amount is received, the preauthorisation amount on hold will be removed. It may take up to 30 days for the hold to be removed. During the hold period, You will not have access to the preauthorised amount. 13.7. Automated Fuel Dispenser: Incard is compatible with AFD expenses. In order to begin an AFD transaction, the cardholder will need to insert their card into the chip reader and enter their PIN. Cardholder initiates card payment by inserting payment card and entering their PIN. (a) The AFD requests a maximum authorisation of £100; (b) The card issuer returns an authorised full amount; (c) The AFD displays a message to the cardholder advising them that they can commence filling up to the amount returned in the authorisation response or, £100 if no amount is returned in the authorisation response; (d) Once the cardholder completes fuelling, the app will confirm the final transaction amount. (e) Some Merchants may not accept Your Card. It is Your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept Your Card. 13.8. The card is restricted to use for Wires, Money Orders, Gambling, Betting, Lottery, Dating services, Manual Cash Disbursements, Adult content, some Direct Marketing, Investment Firms, and Blacklisted countries, such as: Burundi, Central African Republic, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Lebanon, Libya, Mali, Myanmar, Nicaragua, Russian Federation, Serbia, Somalia, South Sudan, Sudan, Syrian Arab Republic, Venezuela, Yemen, Zimbabwe, Crimea, Kherson, Zaporizhzhia. The above is not an exhaustive Prohibited & High Risk Countries List. The list is maintained by Incard and it will be changed from time to time. 13.9. You must not use the card for pre-authorised regular payments. 13.10. You must not use the card for transactions for cash (other than ATM withdrawal) including for example cash back, cash from a bank, money orders, traveller's cheques, foreign exchange, or bureau de change. ### 14. Managing Your Card 14.1. We will publish Your monthly statements in the online account. Each statement will specify: a reference enabling You to identify each transaction; the amount of each transaction; the currency in which Your Card is debited; the amount of any transaction charges including their break down, where applicable; the exchange rate used in the transaction by Us and the amount of the transaction after the currency conversion, where applicable; and the transaction debit value date. If there are no transactions on the Card for more than a month then We will not provide You with a statement. 14.2. You will need access to the internet to manage the Card. You may check the balance and available funds on Your Card or view a statement of recent transactions, which will be updated daily, by visiting Our Website in Your secure personal login area and following the login request for the Card. 14.3. We may stop, suspend or restrict your card or PIN on reasonable grounds relating to: (a) the security of your card, card number or PIN; and (b) the suspected unauthorised or fraudulent use of your card or PIN. We will, if possible, inform you before stopping, suspending or restricting your card or PIN that we intend to do so and the reasons for doing this. If we are unable to do so then we will inform you immediately afterwards. The requirement to inform you does not apply where it would compromise reasonable security measures or it would be unlawful to do so. ### 15. Expiry of the Card 15.1. Your Card will expire on the Expiry Date. The Card will cease to function and You will not be entitled to use the Card. 15.2. Usually we will issue you a new card shortly before the card expires. This does not apply if: (a) You are in arrears with the fees under our full fee schedule; (b) You have overdrawn your account; (c) We have a specific, indicative suspicion of fraudulent or other criminally relevant behaviour on your part in relation to your use of the card; (d) You otherwise violate essential provisions of this contract. When we issue a new Card, it has a new expiry date and the new card expires on that date. This does not affect the duration of the contract (see Clause 32). If you do not pay a current fee to cover our costs, we are not obliged to issue a new Card. If your Card has not been used in the eight weeks before its expiry date, you will receive an email asking if you wish to replace the Card and retain any existing balance on it. If you ask us to do so, a replacement card will be issued to you within two weeks. A card replacement fee may apply. 15.3. If You do not wish to receive a replacement card at the time of Your current card's expiry, You may terminate the Agreement in accordance with Clause 32. ### 16. Cancellation and Redemption Procedure 16.1. If You cancel the Agreement, we will cancel Your card and You must inform our Customer Service Department as set out in Clause 16 as soon as possible as to how we should deal with the unused funds available on Your card. Please note that You have no right to a refund of any money that has already been spent on goods or services. ### 17. ATM Withdrawal 17.1. An Incard Cardholder may withdraw funds from your Incard E-Money Account by entering into an Incard Card Transaction with an ATM. ### 18. Your Balance and Negative Balance 18.1. You acknowledge that balances and available funds reported on the Incard Platform are only approximate real-time balances rather than the settled balances in your Incard E-Money Account. A real-time balance may not take into account pending debits and credits. Incard will provide you with information on pending debits and credits as soon as it has that information. 18.2. If for any reason you have a negative balance in any of your Incard E-Money Accounts, you agree to immediately send the required amount of money to correct the negative balance, such amounts being due without the need for previous notification. Failure to send us the required amount of money within a reasonable period of time shall be deemed a material breach of these Terms in accordance with clause 32.4(a). In addition, we may: (a) exercise our right to automatically redeem your Electronic Money in one of your other Incard E-Money Accounts in accordance with clause 28 (Our Right for Compensation) of these Terms; (b) initiate a chargeback procedure for any specific transaction which led to your Incard E-Money Account having a negative balance; (c) close or suspend any or all of your Incard E-Money Accounts; (d) report you to any credit reference agencies; and/or (e) take debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. 18.3. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts. ### 19. Security 19.1. We may stop: (a) Incard Users' use of the Incard Cards; and/or (b) Incard Users' use of the Incard platform; on reasonable grounds relating to the security of the Incard Platform and/or an Incard Card and the suspected unauthorised and/or fraudulent use of the Incard Platform and/or an Incard Card. 19.2. Where we cease use in accordance with clause 19.1, we shall inform you of same and inform you of our reasons for doing so. Where we and/or our Partners are unable to inform you before ceasing such use, we shall do so immediately afterwards, unless we are prohibited from doing so by law. ### 20. Keeping Your Card and Details Safe 20.1. With every transaction You make with Your card or using Your card data, We will assume that this has been executed by You, unless You inform Us to the contrary in accordance with Clause 21.1. 20.2. You are responsible for keeping Your Card and its details safe. This means You must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a transaction. Before proceeding with a transaction and giving the physical card or card details to a merchant or service provider, you should have a good feeling that the merchant or service provider is sincere and has taken appropriate steps to protect your information. 20.3. You must keep Your PIN safe at all times. This includes: (a) Memorising Your PIN as soon as You receive it, and destroying the letter or other document on which We provided the PIN to You immediately; (b) Never writing Your PIN on Your Card or on anything You usually keep with Your Card; (c) Keeping Your PIN secret at all times, including by not using Your PIN if anyone else is watching; and (d) Not disclosing Your PIN to any person. Failure to comply with this may be treated as gross negligence and may affect Your ability to claim any losses. **NEVER COMMUNICATE YOUR PIN TO ANYONE IN WRITING OR OTHERWISE**. This includes printed messages, emails and online forms. 20.4. For the avoidance of doubt you are required to ensure that you are taking all the reasonable steps to protect the security of your Incard account and Incard card, including but not limited to: (a) logging off the Incard Platform every time you leave the mobile or computer (or other device) used to gain access to the Incard Platform; (b) keeping the mobile or computer (or other device) You use to gain access to the Incard Platform safe and secure and locked with a secure password; (c) not telling anyone Your Security Codes, including any person claiming to work for Incard; (d) if You receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your Security Code, not providing your information and contacting us via the member support function on the Incard Platform; (e) ensuring that the computer and e-mail account(s) and mobile phone you use to communicate with us are secure and only accessed by you, as the computer, e-mail address and mobile phone may be used to reset your Security Code or to send information relating to the security of the Incard Platform; (f) if at any time you think that your Security Code has been lost, stolen or any other person knows your Security Code, informing us via the member support function on the Incard Platform; and (g) never using any functionality that allows the Security Code to be stored by the mobile or other device you use to gain access to the Incard Platform. 20.5. All Incard Transactions are processed by automated methods, and anyone who obtains access credentials to the Incard Platform or access to an Incard Card could use it to enter into Incard Transactions without your permission. If you notice misuse, theft or unauthorised use of: (a) the Incard Card or a PIN or any other activity that makes you suspicious, you must (if available) freeze the Incard Card or cancel and reorder the Incard Card via the Incard Platform and/or (if not available) contact us using the member support function on the Incard Platform. For lost, stolen or damaged cards, you can contact us by calling +44 20 3318 1101 (available from 09.00 to 17.00 BST); (b) the Incard Platform or the Security Code or any other activity that makes you suspicious, you must contact us using the member support function on the Incard Platform. If you suspect identity theft or theft of Electronic Money, we suggest that you contact your local police as well. 20.6. Incard may stop or suspend the use of the Incard Platform if it has reasonable grounds for doing so relating to: (a) the security of the Incard Platform; or (b) the suspected, unauthorised or fraudulent use of the Incard Platform. ### 21. Lost, Stolen or Damaged Cards 21.1. If Your Physical card is lost, stolen, damaged or if You have reasonable grounds to suspect that someone else has used it, or if You believe Your Virtual card details have been stolen or used by someone else, please inform our Customer Service Department immediately upon becoming aware of such circumstances in accordance with Clause 26 of this Agreement. 21.2. After You have notified Us of any incident of loss, theft or risk of misuse and provided that we are able to identify Your Card and perform certain security checks to a satisfactory level, we will issue You with a replacement card and/or PIN. ### 22. Purchases from Retailers 22.1. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the card. We are not liable for the failure of any merchant to honour the card. 22.2. If a merchant grants a refund for any reason (for example if You return the goods as defective), it may take several days for us to receive notification of the refund and the money itself. The refund may not be visible on Your card until 5 – 10 days after the refund has been duly processed. 22.3. You may request the refund of a transaction that You have authorised under the following conditions: (a) Your authorisation does not exactly match the amount You agreed to in the transaction; and (b) The amount of the transaction has exceeded the amount You could reasonably have expected (taking into account Your previous spending patterns on the card, the Agreement and the circumstances of this case). Such a refund must be requested from Our Customer Service Department within 8 weeks of the amount being deducted from the card. Any refund or justification by Us for refusing a refund will be made within 14 business days of receipt of Your refund request. Any refund must correspond to the amount of the transaction. Such refunds are not subject to any fees. ### 23. Transaction Disputes 23.1. If You believe You did not authorise a particular transaction or that a transaction was incorrectly executed, in order to obtain a refund You must contact Our Customer Service Department without undue delay in accordance with Clause 26 – as soon as You notice the issue, and in any case no later than 13 months after the amount of the transaction has been deducted from the card. We will, as soon as is reasonably practicable and together with Partners, reimburse (no later than the close of business on the day following the date that we became aware of the unauthorised transaction) any unauthorised transactions and related transaction fees and charges due under this Agreement, subject to the remainder of this Clause 23, unless We maintain a concrete, circumstantial suspicion of fraudulent conduct on Your part. In such a case, We will initiate an investigation as soon as is practically possible and inform You of the result. If this investigation shows that the transaction in question was indeed unauthorised and was not fraudulent, grossly negligent or intentional on Your part, we will process a refund in accordance with this Clause 23.1. Otherwise 23.3 shall apply. 23.2. Subject to the remainder of this Clause 23, we limit Your liability for any damages arising from unauthorised transactions to £35 or Euro equivalent. 23.3. In the following cases, You will be liable for all losses incurred in relation to an unauthorised transaction, provided that we are not at fault: (a) You have demonstrably acted fraudulently; or (b) You bear demonstrable responsibility for intentional or gross negligence. 23.4. Subject to the rest of this clause 23, we will limit Your liability to £35 or Euro equivalent for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card's details, except where: (a) the loss, theft or misappropriation of the Card was not detectable by You before the unauthorised transaction took place (unless You acted fraudulently, in which case You are liable for all losses incurred in respect of the unauthorised transaction); or (b) the loss was caused by acts or omissions of one of Our employees or agents, in which case You are not liable for any losses. 23.5. If our investigations reveal that a disputed transaction has been authorised by You or that You have been found to have acted fraudulently or with gross negligence, we together with Partners may reverse any refunds made to You and You shall be liable for all damages incurred by us in connection with the transaction, including, but not limited to, the cost of any investigation conducted by us or Partners in connection with the transaction. We will offer You reasonable notice of any reverse refunds as soon as is practicable. 23.6. Under certain circumstances, a transaction will be initiated (but not fully executed). This may result in the value of the transaction being deducted from the balance on Your card and will therefore no longer be available for use – We refer to this as "pending authorisation" or "blocking". In such cases, You must inform Our Customer Service Department in accordance with Clause 26, describing the facts of the case. We will then investigate with the relevant third parties and will ensure Your balance is adjusted in accordance with the applicable legal requirements. 23.7. Except where You have acted fraudulently, You will not be liable for any losses incurred in respect of an unauthorised transaction: (a) which arise after Your notification to Us; (b) where We have failed to provide You with the appropriate means of notification, as found in clause 21.1. 23.8. Under certain circumstances, We may be required to refuse to complete a transaction authorised by You. These circumstances include the following cases: (a) We have grounds for reasonable suspicion regarding the security of Your card (PIN disclosed, card lost/stolen) or We maintain a concrete, circumstantial suspicion that Your card is being used in a fraudulent or unauthorised manner; (b) there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction; (c) there is an outstanding shortfall on the balance of Your Card; (d) if We maintain a concrete, circumstantial suspicion that You are acting contrary to this Agreement; (e) there are errors, failures (mechanical or otherwise) or refusals by retailers, payment processors or payment schemes processing transactions; (f) a transaction might take you over any of your card limits; (g) we reasonably believe that we need to do so to keep to the rules of the payment system under which your card is issued; (h) we reasonably believe that it is necessary to do so to comply with any law or as a matter of good practice; or (i) We are required to do so by law. 23.9. Unless we are violating any laws, we will inform you, as soon as practically possible, of the rejection and the reasons for the rejection in cases where we refuse to conclude a transaction in accordance with clause 23.8 and together with you if necessary tell you what to do to correct any factual errors that have resulted in the denial. 23.10. If we have reasonable suspicions regarding the security of your card (PIN disclosed, card lost/stolen) or if there is a specific suspicion that your card is being used fraudulently or unauthorised, we can temporarily block your card. We will inform you in advance of such a temporary block and the reasons for this, or, if this is not possible, as soon as practically possible afterwards, unless this would endanger adequate security measures or would otherwise be illegal. We will lift the temporary block as soon as practicable or, if necessary, issue a new card free of charge as soon as the reasons for the temporary block no longer exist. ### 24. Restrictions on the Use of Services 24.1. Incard will use its sole discretion based on its own risk assessment (which will change from time to time) when deciding whether to allow a prospective client to open an Incard Account and whether to close open Incard Accounts. 24.2. The following is a non-exhaustive list of examples of businesses which are outside our risk assessment, you must inform us if any of these become applicable to you: (a) businesses or businesses with persons associated with it that are: (i) suspected or convicted of financial crime or any other offence or action that carry a reputational risk for Incard; (ii) subject to economic sanctions; (iii) highly rated politically exposed persons; (iv) suspected or convicted of terrorism and related offences; (v) knowingly providing false information to Incard relating to their identity or business activities; (b) businesses that are: (i) actively involved in crypto or virtual currencies; (ii) traders of precious metals and stones; (iii) operating as a money service business; (iv) involved in banking and similar financial services; (v) active in the betting and gambling industry; (vi) active in trading with unlicensed drugs; (vii) trading in weapons and armaments; (viii) operating bidding fee auctions; (ix) operating unlicensed scrap metal dealership; (x) active as unregistered waste management businesses. 24.3. It is not permitted to: (a) use the Services for any illegal purposes. Incard will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator; (b) use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full; (c) breach these Terms or any other agreement or policy that you have agreed with Incard or our Partners; create more than one Incard Account without our prior written consent; use the Services to violate any law, statute, ordinance, or regulation; use the Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services; (d) infringe Incard's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (e) act in a manner that is defamatory, libellous, threatening or harassing when using the Services; (f) harass our employees, agents, or other users of Incard; (g) provide us with false, inaccurate or misleading information; (h) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (i) use the Services to engage in debt-collection activities; (j) instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf; (k) control an Incard Account that is linked to another Incard Account that has engaged in any of the restricted activities set out in this clause; (l) conduct your business or use the Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Incard, third parties or you; (m) use your Incard Account or the Services in a manner that we, Visa or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules; (n) allow any of your Incard E-Money Accounts to have a negative balance; (o) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Services; (p) take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; (q) circumvent any Incard policy or determinations about your Incard E-Money Account including, but not limited to, attempting to create a new or additional Incard Account when an Incard E-Money Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Incard E-Money Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's Incard E-Money Account; (r) use the Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable laws; (s) use the Services to trade FX for speculative purposes or for FX arbitrage; (t) refuse or fail to provide further information about you or your business activities that we may reasonably request; (u) conduct your business or use the Services in a manner that leads us to receive a disproportionate number of claims or chargebacks; (v) have a credit score provided by a third-party provider of Incard's choosing and/or other risk scoring method (such as adverse media) which indicates a higher level of risk associated with your use of the Services than Incard is willing to accept; (w) reveal your Security Code to anyone or use anyone else's Security Code. 24.4. You must ensure that You only enter into Incard Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via an Incard Transaction is not an indication of the legality of the supply or provision of the goods and services. 24.5. If Incard, in its sole discretion, believes that you may have breached any provision of this clause 24, we may act to protect ourselves, other users of Incard and third parties. The action we may take includes but is not limited to: (a) closing, suspending, or limiting your access to your Incard E-Money Account or any or all of the Services; (b) contacting other users of Incard who have transacted with you; contacting your bank or credit card issuer; and/or warning other users of Incard, law enforcement, or impacted third parties of your actions; (c) updating inaccurate information you have provided to us; (d) taking legal action against you; (e) terminating these Terms and/or your Incard Platform Users' access to the Incard Platform and/or terminating the Incard Cards issued to your Incard Cardholders; (f) fully or partially reversing an Incard Transaction; and/or (g) blocking your access to your Incard E-Money Account and/or the Incard Platform temporarily or permanently. 24.6. Where possible, Incard will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation. ### 25. Suspending Your Use of the Service 25.1. We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Services feature, without notice and without liability. ### 26. Customer Services 26.1. Our Customer Service Department is normally available 24 hours a day, 7 days a week. During these times, we will make every effort to process Your request immediately. Please note, however, that certain issues can only be resolved during our business hours. You can contact Our Customer Service Department by e-mailing . If You need to be contacted in the event of a concrete, circumstantial suspicion of fraud or other form of security threat, You will first receive a text message from us asking You to contact our Customer Service Department. 26.2. Our business hours are Monday to Friday from 09.00 to 17.00. Correspondence received by Us after the close of business on a particular day will be treated as received on the following business day. ### 27. Complaints 27.1. Our Complaints Policy forms part of these Terms of Use. By accepting these Terms of Use, You also agree to the Complaints Policy available on the Website. You should review the Complaints Policy before agreeing to these Terms of Use. 27.2. If you would like to log a complaint with us, please email us at . Our Complaints Policy sets out the process for submitting and resolving any complaints. You may request a copy of our Complaints Policy at any time by contacting us. 27.3. If you have received our final response and you are still unhappy or not satisfied, then you may, if your complaint falls within the Financial Ombudsman Service's jurisdiction, be able to take your complaint to the Financial Ombudsman Service (FOS), details of which are available in the complaints policy. ### 28. Our Right for Compensation 28.1. On the happening of any event which entitles us to be compensated by you, we shall be entitled to redeem Electronic Money held in one of your Incard E-Money Accounts to pay such compensation. For the avoidance of doubt, this includes if the balances in one of your Incard E-Money Accounts shows that you owe us an amount of funds for any reason or has a negative balance, Incard may redeem Electronic Money you maintain in one of your Incard E-Money Accounts which has a positive balance to pay us the compensation or to redress the negative balance in a different Incard E-Money Account. 28.2. If the amount owed to us is in a currency which is different to the money or Electronic Money you hold with us, we shall convert the amount you hold with us to the currency of the amount you owe us by applying our standard exchange rates. We do not need to notify you of this conversion occurring. 28.3. Each party shall pay interest on any sum due under these Terms, calculated as follows: (a) Rate. 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%. (b) Period. From when the overdue sum became due, until it is paid. ### 29. Liability for Incard Payments 29.1. Subject to clause 29.5, where: (a) an Incard Payment was not authorised by you or was incorrectly initiated or executed by us; and (b) you have notified us using one of the methods set out in clause 33.4, without undue delay on becoming aware of the unauthorised or incorrectly executed Incard Payment and in any event: (i) if you are a Micro-Enterprise or a Charity, no later than 13 months after the date the Incard Payment was executed; (ii) if you are not a Micro-Enterprise or a Charity, no later than 2 months after the date the Incard Payment was executed; we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Working Day following the day on which we became aware of the unauthorised Incard Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities. 29.2. You will be liable for: (a) all losses incurred in respect of unauthorised Incard Payments made by Incard if you and/or an Incard Platform User has acted fraudulently, or has intentionally or has with intent or gross negligence not complied with its obligations under clause 20; and (b) where clause 29.2(a) does not apply, up to £35 of any losses incurred in respect of unauthorised Incard Payments arising where you and/or an Incard Platform User has failed to keep the Security Codes safe and/or failed to stop the Incard Platform from being misappropriated, except where: (i) the misappropriation of the Incard Platform was not detectable by you and/or an Incard Platform User prior to the Incard Payment, except where you and/or the Incard Platform User has acted fraudulently; or (ii) the loss was caused by acts or omissions of an employee, agent or branch of Incard or of an entity which carried out activities on behalf of Incard. 29.3. Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of unauthorised Incard Payments where: (a) you have notified Incard in writing, without undue delay, on becoming aware of the loss, theft, misappropriation or unauthorised use of any Security Codes or the Incard Platform and the failure by Incard to do anything resulted in the aforementioned loss; or (b) Incard has failed to provide appropriate means for notification of the loss, theft, misappropriation or unauthorised use of any Security Codes or Incard Platform. 29.4. Incard shall not be liable for non-execution or defective execution in relation to an Incard Payment which it has made in accordance with a Unique Identifier given to it by you which proves to be incorrect. However, Incard shall make efforts to trace any non-executed or defectively executed Incard Payment and notify you of the outcome. 29.5. We are liable to you under clause 29.1 for the correct execution of an Incard Payment unless we can prove to you (and where relevant, to the Beneficiary's payment service provider) that the Beneficiary's payment service provider received the amount of the Incard Payment within the appropriate time period described in clause 9.15. 29.6. Under Regulation 92 of the Payment Services Regulations 2017, you may be entitled to a refund in certain circumstances where a payment is initiated by you as payee. It is not anticipated that any payment will be initiated by you as payee under any services provided by us. 29.7. The provisions in this clause 29 shall survive termination of these Terms. 29.8. In some circumstances a number of intermediaries (such as correspondent banks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges sometimes cannot be calculated in advance. You hereby acknowledge that you shall be liable for these charges. 29.9. Incard Payments and Incard Card Transactions are performed by Incard and liability for the same is therefore set out in these Terms. ### 30. Liability with Respect to Payments, ATM Withdrawals and Incard Card Purchases 30.1. If you believe that an Incard Payment, an ATM Withdrawal and/or an Incard Card Purchase has been incorrectly executed or was not authorised by you, you must inform us as soon as possible, and in any event within the time limits set out in our Terms, via the member support function on the Incard Platform. ### 31. Limitation of Liability 31.1. None of the organisations referred to in Clause 1 shall be liable in the following cases, unless they have caused damage as a result of gross negligence or culpable misconduct, have breached essential obligations under this Agreement or have caused injury to life, limb or health: (a) any error or failure related to the use of the Card that is a result of irregular and unpredictable circumstances beyond Our control and which, despite our best efforts, could not have been prevented, including but not limited to, an error or failure of the data processing systems; (b) the goods or services that You purchase with Your Card; (c) any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; (d) a merchant refusing to honour a transaction or refusing a payment; (e) any acts or omissions that are a consequence of Our compliance with any national or European Union law. 31.2. In addition to the limitations stated in Clause 31.1, our joint liability shall be limited as follows: (a) If Your Card is faulty due to our negligence, our liability shall be limited to replacing the card or refunding the funds available on Your card to You; or (b) If, as a result of our negligence, sums have been incorrectly deducted from Your card, our joint liability shall be limited to payment to You of the appropriate amount. 31.3. In all other cases pertaining to our joint negligence, our joint liability shall be limited, subject to Clause 31.1, to the repayment of those funds available on the Card. 31.4. If you have fraudulently used (or permitted the fraudulent use of) Your card in a manner that is contrary to this Agreement or for other illegal purposes, or if You have allowed Your card or Your data to be compromised as a result of Your gross negligence, You shall be responsible for the use and misuse of the card. We will take all reasonable and necessary steps to recover any damage attributable to Your conduct. Your liability shall not be subject to any limitation, unless said limit is established by applicable laws and regulations. This means that You must take good care of Your card and data and act responsibly, otherwise You will be held liable. 31.5. As a responsible issuer of electronic money, Incard takes the security of Your money very seriously. Your funds are held in a secure customer account for the specific purpose of carrying out transactions made using Your card. In the unlikely event of insolvency, funds that have reached Incard's account are protected from claims by creditors. We will take all reasonable and necessary steps to recover any loss from You, and there shall be no maximum limit to Your liability except where relevant laws or regulations impose such a limit. This means You should take care of Your Card and details and act responsibly, or You will be held liable. 31.6. The UK Financial Services Compensation Scheme (FSCS) does not apply to Your Card. This does mean that in the unlikely event that Incard became insolvent, any funds intended for but not currently held by them on Your Card may become unusable and any funds intended to be associated with Your Card may be lost. By using Your Card and by entering into this Agreement You are indicating that You understand and accept these risks. 31.7. We will not be liable for: (a) any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents us from providing the usual service; (b) any person refusing to accept or honour (or delays in accepting or honouring) your card, card number or PIN; or (c) any cash dispenser failing to issue cash. We will not be liable for the way in which you are told about any refusal or delay. ### 32. Termination of This Agreement 32.1. You may terminate the Services and the Terms by contacting our member services. 32.2. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms. 32.3. You can close your account, and so end the agreement, at any time by letting us know. You should do this through the Incard Dashboard. You will still have to pay any charges you've run up to that point. When you tell us you want to close your account we will give you the opportunity to withdraw the money we hold for you (we call this redemption). If you want us to send you money in a different currency than the currency we're holding for you, we will convert the currency using the rate that applies at the time, and take our usual fee, before sending the money to you. 32.4. Without prejudice to any rights that have accrued under these Terms, or any party's other rights or remedies, we or you may at any time terminate these Terms with immediate effect by giving written notice to the other if: (a) the other party commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so; (b) the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms; (c) the other party is subject to a bankruptcy, insolvency, winding up or other similar event; and/or (d) if we or a fraud prevention agency determine that you pose a fraud or money laundering risk; (e) the result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from these Terms. 32.5. Without prejudice to any rights that have accrued under these Terms or any of the party's rights or remedies, we may at any time terminate these Terms with immediate effect by giving written notice to you if: (a) there is a change of Control of you or you dispose of a substantial part of your assets; (b) we are unable to verify your information in the manner set out in these Terms; (c) you are an individual and you die or you are a partnership and your partnership ends; (d) we have reason to believe that your business and/or use of the Services: damages, corrupts, degrades, destroys and/or otherwise adversely affects the Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you; (e) there is a material change in the type of business activities you carry out; (f) there is a significant fluctuation (either positive or negative) in the aggregate number of Incard Transactions you enter into or the average Monthly Top Up Volume; (g) you have acted or omitted to act in any way which we reasonably determine to diminish our business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or (h) we are unable to provide the Services to you through the inability of any third party to provide us with any good and/or service that we require to provide the Services to you; (i) You act in a demonstrably threatening or offensive manner towards our employees or one of our representatives; (j) You do not pay any fees and charges incurred or do not rectify a balance deficit on Your card within one month. 32.6. Other actions we may take. If you have breached the terms of these Terms (including a breach of your obligation to pay us any amount owing) or we are otherwise entitled to terminate these Terms, we may: (a) suspend your use of the Services in which case we will not treat any order for an Incard Transaction that you may wish to make as being received by us; (b) report any Incard Transaction or any other relevant information about you and your use of the Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or (c) if appropriate, seek damages from you. 32.7. Upon termination of these terms in accordance with clause 37 (Changes to this Agreement) and this clause 32 (Termination): (a) your Incard Account will be closed; (b) you and your Incard Platform Users' licences to access the Incard Platform will be revoked. 32.8. If these terms are terminated, any applicable Safeguarding Partner Terms will automatically be terminated. 32.9. Upon the termination of the Agreement, You will be refunded all funds available on your Incard Account free of charge, and subject to the following conditions. Please inform our Customer Service Department, in accordance with Clause 26, as to how You would like us to manage the unused funds available on Your Incard Account. We will arrange for a transfer to be made to the bank account from which You initiated the depositing of funds, or which You have designated as the account owner for this purpose. We will not allow Your request for the refunding of Your funds to be executed if we reasonably believe that You have provided false information (personal details), we are concerned about the security of a transaction (use for money laundering, terrorist financing, fraud or other illegal activity) or if Your Incard Account has no balance. 32.10. If You request the redemption of the entire remaining balance, we will assume that You wish to terminate this Agreement and cancel Your card. 32.11. If You wish to terminate the Agreement but have not activated the card or used the card for any payment transaction or purchase, You must return the Physical card (if issued) in this condition to Us unless You can prove to Us that You have rendered the card unusable. If You wish to cancel the Agreement and have already activated the card or used it for payment transactions or purchases, You must prove to us that You have rendered the card unusable. 32.12. If, for any reason, You still have available funds following the termination of Your Agreement, You may arrange for them to be redeemed in full during a period of up to 6 years. 12 months after the termination of Your Agreement, and if funds are still available, We will notify You one month in advance regarding the calculation of an administration fee for expired cards for the administration of funds in accordance with Clause 43. The funds available on your Incard Account will be used to settle this fee. ### 33. Notice 33.1. You agree and consent to electronic receipt of all notices and communications that we provide. We will normally provide notices and communication to you through sending a message. We may also communicate with you via post to the addresses, via email to the email addresses, via SMS and phone call to the mobile phone numbers and via phone to the landline numbers provided to Incard, as same are updated from time to time. The contract and any communication between you and us will be in English. 33.2. It is your responsibility to ensure that you: (a) log onto the Incard Platform regularly; (b) regularly review the Incard Platform, the Website, registered email address and SMSs and open and review communications that we deliver through those means; (c) ensure that contact information stored on the Incard Platform is up to date. 33.3. We shall contact you via your mobile phone, the details of which are contained on the Incard Platform, in the event of suspected fraud or security threats, unless we suspect that your mobile phone has been the subject of a security breach in which case we shall contact you by another method that we reasonably believe to be secure. 33.4. Any notice or communication shall be deemed to have been received: (a) if delivered in person, on signature of a delivery receipt or at the time the notice is left at the proper address; (b) if sent by post, at the time of delivery; (c) if sent by next Working Day delivery service at the time recorded by the delivery service; and (d) if sent via the Incard Platform including the member support function, SMS, email or phone call, at the time of transmission. ### 34. Your Personal Information 34.1. Incard uses your data to provide our services to you. 34.2. Each of the parties to these Terms will comply with all applicable requirements of data protection legislation. For the purposes of these Terms, Incard will process your personal data in accordance with the UK Data Protection Act 2018 and UK GDPR. To the extent that the Swiss Federal Act on Data Protection (FADP/DSG, SR 235.1) applies to the processing of your personal data, Incard will also comply with the applicable requirements of the FADP. 34.3. When you enter or upload your data into our services, we do not own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences. 34.4. We may transfer your personal data to the United Kingdom and, in some cases, to a location outside the United Kingdom where it is necessary for the provision of our services. Where we transfer personal data, we will take steps to ensure that your data enjoys an adequate level of protection as required under the FADP and UK data protection law. This may include relying on adequacy decisions, standard contractual clauses, or other appropriate safeguards. Before using our products and services, You will have the opportunity to consent to the processing of Your personal data as required. 34.5. The processing of your data is governed by these Terms including our Privacy Policy. 34.6. We act as Data Controller with respect to Personal Data relating to: (a) You, if you are an individual or a partnership; or (b) your beneficial owners, directors, partners, LLP members if you are a legal entity. This Personal Data which we hold as Data Controller shall be referred to as "Incard Personal Data". 34.7. We set out in our Privacy Policy how we handle Incard Personal Data. 34.8. You may utilise third party services that connect directly to your Incard Account pursuant to these Terms. When you provide your account details to those third parties, you remain liable for all activity under your Incard Account and take full responsibility for ensuring that you have appropriate agreements in place with that third party in relation to transfer of data including Personal Data. 34.9. We may transfer Your personal data to the United Kingdom and, in some cases, to a location outside the United Kingdom where it is necessary for the provision of our services, such as customer support, account administration or reconciliation, or as a result of Your request, including processing an international transaction. Where We transfer personal data outside Switzerland, We will take steps to ensure that Your data enjoys a level of protection that is comparable with that level of protection afforded for data which is processed within Switzerland. Please note that not all countries have statutory provisions in place governing the protection of personal data, which are comparable to those of Switzerland. In order to guarantee said protection, We conclude appropriate Agreements with our suppliers and service providers. Before using our products and services, You will have the opportunity to consent to the processing of Your personal data outside Switzerland. Please note: We cannot provide You with Our services without this consent. 34.10. We reserve the right to transmit the information or Personal Data about you as well as activity in your Incard E-Money Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated. 34.11. Among other things, You have the right to request details of the personal data stored about You, and to restrict or revoke the processing of such data. You may exercise these rights by contacting us in writing or in electronic form in accordance with Clause 26. Where permitted by law, we may charge a fee for this service. ### 35. Confidentiality 35.1. The provisions of this clause shall not apply to any Confidential Information that: (a) is or becomes generally available to the public (other than as a result of its disclosure by the Incard or its Representatives in breach of this clause); (b) was available to Incard on a non-confidential basis before disclosure by Incard; (c) was, is or becomes available to Incard on a non-confidential basis from a person who, to Incard's knowledge, is not bound by a confidentiality agreement or is otherwise prohibited from disclosing the information to Incard; (d) the parties agree in writing is not confidential or may be disclosed; or (e) is developed by or for the receiving party independently of the information disclosed by the disclosing party. 35.2. Incard shall keep your Confidential Information confidential and shall not: (a) use such Confidential Information except for the purpose of exercising or performing its rights and obligations under or in connection with this agreement (the "Permitted Purpose"); or (b) disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause 35. 35.3. Incard may disclose your Confidential Information to its Representatives who need to know such Confidential Information for the Permitted Purpose and to its Partners for the purpose of improving its or its Partners business processes, provided that: (a) it informs such Representatives and/or Partners of the confidential nature of the Confidential Information before disclosure; and (b) it procures that its Representatives and/or Partners shall, in relation to any Confidential Information disclosed to them, comply with obligations which are similar to those set out in this clause; and (c) at all times, it is liable for the failure of any Representatives or Partners to comply with the obligations set out in this clause 35. 35.4. Incard may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction. 35.5. On termination of this agreement, Incard shall keep your Confidential Information safe and shall not be under an obligation to return Confidential Information to you or delete the Confidential Information it holds unless required to do so by law. 35.6. The provisions of this clause 35 shall continue to apply after termination of this agreement. ### 36. Intellectual Property 36.1. We own all the intellectual property in our products (for example, the content in the Incard Dashboard and on our website, and our logo and card designs). You must not use our intellectual property as your own. 36.2. We own all intellectual property in our products, including but not limited to any content in the Incard website, mobile app, card designs, dashboards, scripts. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Incard's intellectual property includes all logos related to the Services. You may not copy, imitate or use Incard's intellectual property rights without prior written consent. 36.3. We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and are free to use them as we see fit. 36.4. Nothing in these Terms grants you any legal rights in the Incard Platform and/or the Website, other than as set out in these Terms. You agree not to adjust or try to circumvent or delete any notices contained on the Incard Platform (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Incard Platform. ### 37. Changes to the Agreement 37.1. Subject to the remaining provisions of this clause 37, this contract may be changed by us at any time for legal, regulatory, economic or security reasons, in order to enable the correct offer of the card system or to improve it, or for any other reason. 37.2. If any changes are made they will be published on Our Website at least 2 months before the changes take effect (unless the law requires or permits Us to make a more immediate change or in the event of a change to the exchange rate). Copies of the most up-to-date version of the Agreement will be made available on Our Website at all times and will be sent to You by email upon request free of charge at any point during the Agreement. If You do not accept the change, You may invoke the extraordinary termination of this Agreement free-of-charge before the expiry of said deadline. 37.3. We may need to amend this Agreement without notice or with less than 2 months notice. However, this would only take place on a very rare basis and exclusively for legal, regulatory or security reasons, or for the purpose of providing the card system in a compliant manner. In such a case, we will inform You of the changes made with as much advance notice as possible or, if that is not possible, as soon as the changes take effect. In this case You have the right to terminate the Agreement retroactively within one month after notification. ### 38. Law and Courts 38.1. This Agreement, along with any relationship between you and us arising out of or in connection with this Agreement, shall be governed by the laws of England and Wales. Any disputes arising out of or in connection with this Agreement shall fall within the exclusive jurisdiction of the courts of England and Wales. ### 39. Assignment 39.1. If you do not meet your payment obligations mentioned in these terms and conditions even after 2 reminders, we may assign the corresponding claim to a debt collection agency. 39.2. In addition to that we may assign rights and obligations under this Agreement to another company at any time. We will inform You thereof 2 months in advance. Your rights stemming from this Agreement remain unaffected in this case. If You refuse the assignment within the 2 months, You may invoke the extraordinary termination of this Agreement and apply for a free-of-charge refund of Your available funds in accordance with Clause 32.9. 39.3. You will indicate agreement to the assignment by the continued use of the card following the 2 months' notice period. ### 40. Severability Clause 40.1. If any term or provision of this Agreement is found to be unlawful or unenforceable, in whole or in part, pursuant to any law (or corresponding principle), said term or provision (or part thereof) shall not be deemed part of the Agreement to that extent, without prejudice to the validity and enforceability of the remainder of the Agreement. In such a case, the contracting parties shall undertake, taking into account the principle of good faith, to replace the invalid term or provision with a valid term or provision, which comes as close as possible to the meaning and purpose of the invalid term or provision, and which can be assumed to have been agreed by the parties at the time of conclusion of the Agreement, had they known or been able to foresee its invalidity or nullity. ### 41. Limits on Your Incard Account 41.1. We reserve the right to impose at our sole discretion Account Limits based on criteria determined by us that do not have to be disclosed. Account Limits might be imposed upon the following: (a) the maximum balance of each Incard E-Money Account; (b) the amount of a single Faster Payment, SWIFT, SEPA, CHAPS and BACS credit you can receive into an Incard E-Money Account; (c) the amount of a single Faster Payment, SWIFT, SEPA, BACS, international payment or direct debit you can make out of an Incard E-Money Account; (d) the total amount of Faster Payments, international payments and direct debits you can make out of your Incard E-Money Accounts in each calendar month; (e) the amount of Electronic Money Exchanges you can enter into, per transaction and per month; (f) the amount of Incard Card Transactions that can be entered into by the Incard Cardholders per month; (g) the amount of Incard Card Transactions that can be entered into by each Incard Cardholder per day; (h) the amount of Cash Deposits that can be made per deposit and per month; (i) the amount of ATM Withdrawals that can be entered into by each Incard Cardholder and each Incard Account in a given day. 41.2. The Account Limits are not fixed. If you would like to find out more information about your Account Limits and whether or not your Account Limits can be increased or decreased, please get in touch via the customer support on the Incard Platform - we may be able to provide you with procedures or methods to vary such Account Limits, for example, by you providing us with supplemental information. ### 42. Cross-border Service Provision (Special provisions for Swiss Clients) 42.1 You acknowledge and agree that Incard provides the Services from the United Kingdom on a cross-border basis. Incard does not have and will not establish any physical presence, branch, representative office, employees, or agents in Switzerland in connection with the provision of the Services. 42.2 Incard is regulated by the FCA in the United Kingdom. Incard is not regulated by, nor does it hold any licence from FINMA or any other Swiss regulatory authority. The provision of Services to you does not constitute a regulated activity under Swiss financial market law. 42.3 As the Services are provided on a cross-border basis from the United Kingdom, the following apply: (a) The UK Electronic Money Regulations 2011 and Payment Services Regulations 2017 govern the issuance of electronic money and the provision of payment services by Incard; (b) Your electronic money is safeguarded in accordance with UK regulations by ClearBank; (c) Neither the UK Financial Services Compensation Scheme (FSCS) nor any Swiss deposit protection scheme (including esisuisse) applies to your electronic money; (d) Incard’s anti-money laundering and know-your-customer obligations are governed by UK law; and (e) You are responsible for complying with any Swiss tax reporting or regulatory obligations arising from your use of the Services. 42.4 Incard shall not engage in any activities in Switzerland that would require it to obtain a licence under Swiss law, including but not limited to: (a) employing persons in Switzerland who conclude transactions on behalf of Incard; (b) managing client accounts from Switzerland; (c) operating a representative office in Switzerland; (d) using a Swiss contact phone number, a “.ch” website domain, or other elements that incorrectly represent that Incard is based or physically present in Switzerland. 42.5 You acknowledge that the Swiss National Bank (SNB) may have statistical data collection rights in respect of issuers of payment instruments settling payments exceeding certain thresholds (CHF 50 million for e-money issuers per financial year). Incard will comply with any applicable reporting obligations to the extent required. 42.6 The language of this Agreement and all communications is English. All amounts referenced in these Terms are in the currency specified. Where fees are quoted in GBP, the equivalent in EUR may be displayed on the Incard Platform for your convenience, but such display is indicative only and the GBP amount shall prevail. ### Schedule 1 - Definitions **“Agreement”** means these Terms. **“Applicable Law”** means (i) any applicable law, regulation, regulatory requirement or generally accepted guidance applicable to the Parties from time to time; (ii) the operating rules, regulations, technical standards and guidelines of any payment scheme or network applicable to the Services (including Visa and any other Card Scheme); and (iii) any applicable Sanctions. **“ATM”** means an automated teller machine, cashpoint or cash dispenser at which an Incard Cardholder may redeem Electronic Money for cash using an Incard Card and PIN. **“Available Funds”** means the amount of Electronic Money available in your Incard E-Money Account(s) after deduction of any pending transactions, applicable Fees and reserved amounts. **“Beneficiary”** means the intended recipient of a Payment. **“Beneficiary Bank Account”** means the bank account, payment account or electronic money account of a Beneficiary. **“Business Day”** means any day other than a Saturday, Sunday or public holiday in England on which banks in London are open for business. **“Card”** means a physical or virtual payment card issued by or on behalf of Incard that enables Card Transactions. **“Card Transaction”** means a Card Purchase, ATM Withdrawal, Cash Withdrawal (where supported) or any other transaction made using a Card. **“Cardholder”** means an individual authorised by you to use a Card issued on your Incard Account. **“Confidential Information”** means all non-public information relating to either Party, its business, customers, operations, technology, products, services, finances or intellectual property disclosed or obtained in connection with this Agreement. **“Contactless”** means the functionality enabling payments by tapping a Card or compatible device on a contactless-enabled payment terminal. **“Data Protection Legislation”** means all applicable data protection and privacy legislation in force in the United Kingdom from time to time, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations 2003. **“Electronic Money”** has the meaning given in the Electronic Money Regulations 2011. **“Electronic Money Exchange”** means the conversion of Electronic Money denominated in one currency into Electronic Money denominated in another currency using the applicable exchange rate. **“Eligible Transactions”** means payments received and sent through the payment methods supported by Incard from time to time, including Faster Payments, CHAPS, SWIFT and any other payment rails made available by Incard. **“EMD Agent”** has the meaning given in the Electronic Money Regulations 2011. **“Fee”** means any fee, charge or subscription payable under this Agreement. **“Grow Subscription Fees”** means the monthly subscription fees payable for the Grow Plan. **“Free Plan”** means the subscription plan offered by Incard with no monthly subscription fee. **“Grow Plan”** means the subscription plan marketed by Incard as the Grow Plan. **“Incard Plus Plan”** means the subscription plan marketed by Incard as Incard Plus. **“Incard Account”** means your business account held with Incard comprising one or more Incard E-Money Accounts together with any Cards and Services associated with it. **“Incard Card Purchase”** means a purchase of goods or services using a Card. **“Incard E-Money Account”** means any electronic money account provided to you by Incard in any supported currency. **“Incard Payment”** means any payment initiated through the Incard Platform, including domestic payments, international payments and foreign exchange transactions. **“Incard Plus Subscription Fees”** means the monthly subscription fees payable for the Incard Plus Plan. **“Incard Transactions”** means all transactions carried out through the Incard Platform or using a Card. **“KYC”** means the customer due diligence and identity verification procedures carried out by Incard. **“Mobile App”** means Incard’s mobile application through which you may access the Services. **“Partner”** means any banking partner, safeguarding institution, payment processor, card issuer, payment scheme or other third-party service provider used by Incard to provide the Services. **“Payment Services”** has the meaning given in the Payment Services Regulations 2017. **“PIN”** means the personal identification number associated with a Card. **“PSD2”** means Directive (EU) 2015/2366, as implemented in the United Kingdom and as amended or replaced from time to time. **“Restricted Country”** means any jurisdiction that Incard does not support or which is subject to applicable sanctions, legal restrictions or internal risk restrictions. **“Safeguarding Partner”** means any credit institution or other authorised institution appointed by Incard to safeguard client funds in accordance with the Electronic Money Regulations 2011. **“Safeguarding Partner Terms”** means the terms applicable to the relevant Safeguarding Partner, as published or otherwise made available by Incard. **“SEPA”** means a payment made through the Single Euro Payments Area scheme. **“SEPA Region”** means the geographical area participating in the Single Euro Payments Area. **“Services”** means the products and services made available by Incard under this Agreement, including business accounts, Electronic Money, payment services, foreign exchange services, Cards and any additional functionality made available through the Incard Platform. **“Service Providers”** means third parties engaged by Incard to provide or support the Services. **“Subscription Fees”** means the applicable monthly fees payable for the Grow Plan or Incard Plus Plan. **“Subscription Plan”** means the Free Plan, Grow Plan or Incard Plus Plan. **“SWIFT”** means the Society for Worldwide Interbank Financial Telecommunication network used for international payments. **“Terms”** means these terms and conditions together with the Privacy Policy, Cookie Policy, Website Terms, Acceptable Use Policy and any other documents expressly incorporated by reference. **“Unique Identifier”** means the information required to identify a payment account correctly, including an IBAN, account number, sort code or any other identifier specified by Incard. **“Website”** means [www.incard.com](http://www.incard.com) or any successor website notified by Incard. **“Website Acceptable Use Policy”** means the acceptable use policy published on the Website. **“Website Terms”** means the terms governing use of the Website. **“Working Day”** means a Business Day. **“We”, “Us”, “Our” or “Incard”** means INCARD LTD, a company incorporated in England and Wales under company number 13073893, whose registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, or any successor entity providing the Services. **“You”** or **“Your”** means the business customer entering into this Agreement with Incard and, where applicable, any authorised user or Cardholder acting on its behalf. # General Services Agreement - EEA PLEASE READ THESE SERVICE AGREEMENT BEFORE USING THE INCARD PLATFORM. This document sets out the Terms and Conditions that apply to Incard Users for the Incard Business Accounts and related services. By completing the registration process, You accept these terms, whereby Our joint contract comes into effect. ## 1. Information on Who We Are and This Agreement 1.1. The definition set out in the Definition section apply in these Terms. 1.2. These Terms constitute a framework agreement between: (a) INCARD EUROPE LIMITED, being a company incorporated in Malta with company number C98684 and whose registered office is at Level 5, St Julian's Business Centre Elia Zammit Street, ST. JULIANS, Malta (referred to in these Terms as “Incard”, “We” or “us”). (b) You, being the business which has agreed to these Terms. 1.3. These Terms set out the terms of: (a) Incard Platform Users accessing the Incard Platform; (b) Incard Platform Users entering into Electronic Money Exchange; (c) Incard executing Incard payments; (d) Incard entering into Incard Card Transactions. 1.4. The Currencycloud Terms are separate to these Terms and set out the terms of Currencycloud operating your E-Money Account with various payment services via the Incard Platform. 1.5. By agreeing to these Terms, you are agreeing to and will be deemed as agreeing to Currency Cloud Terms (the “[CCBV Terms of Use](https://go.currencycloud.com/hubfs/Product/Legal/Currencycloud%20Terms-EU-Agent-1%20December%202025.pdf?_gl=1*1vy63zs*_gcl_au*MjA5NTQ0MTE0Ny4xNzc5Mjg3MzA4*_ga*NzQwNTU2OTgzLjE3NzgxNzgwMDQ.*_ga_GV96VCVBC6*czE3NzkyODczMDkkbzEkZzEkdDE3NzkyODczMjYkajQzJGwwJGgw)”). 1.6. The TPML terms are separate to these terms and set out the terms of TPML issuing your Incard card and Incard Cardholders entering into Incard Card Transactions. 1.7. By agreeing to these Terms, you are agreeing to and will be deemed as agreeing to [TPML Terms](https://www.incard.co/legal) (the “TPML Terms of Use”). 1.8. Before you can benefit from the Services, you are required to: (a) read these Terms and tick the box online confirming the accuracy of the information provided online and your agreement with these Terms; (b) read the Currencycloud Terms and TPML Terms, and tick the box online confirming your agreement with the Currencycloud Terms and TPML Terms; (c) provide us with such photographic identification, documentation and information as we may reasonably request to comply with regulatory obligations. 1.9. These Terms incorporate the Website Terms, the Cookie Policy, the Privacy Policy and the Complaints Policy by this reference. By entering into this agreement you agree that we may use your information in accordance with the website privacy notice. 1.10. You must read the policies before entering the agreement with us: * [Website Terms](https://www.incard.co/website-terms-of-use) * [Cookies Policy](https://www.incard.co/legal/cookies) * [Privacy Policy](https://www.incard.co/legal/privacy) * [Complaints Policy](https://www.incard.co/legal/complaints) 1.11. These terms may be amended from time to time subject to the changes of business environments, regulatory frameworks, and conditions of us, our Partners and/or service providers. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Incard will notify you of any updates on these terms via email and announcement on our website. You may be treated as consent and agree if no contrary intention is received from you within 60 calendar days. 1.12. In order to open an Incard Account and obtain an Incard Card, You must: (a) Be at least 18 years old; (b) Be a Sole-Trader or a Limited Company (or equivalent) registered in the UK; (c) Have a smartphone with a mobile number and a valid identity document; and (d) Have a business that should not fall under clause 24. 1.13. You must provide us with an email and postal address and phone number and let us know of any changes. 1.14. You confirm that you have provided the correct information during the process of creating an Incard Account. You undertake that, if your details change, you will notify us immediately. You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate information. 1.15. We may monitor and/or record telephone calls between you and us or service providers. 1.16. We may transfer our rights or obligations under this agreement or arrange for any other person to carry out its rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement. 1.17. We can delay enforcing rights under this agreement without losing them. 1.18. If we cannot enforce any paragraph, condition or part of a paragraph or condition under this agreement, it will not affect any of the other paragraphs, conditions or the other part of the paragraph or condition in this agreement. ## 2. Regulatory Landscape 2.1. Incard in the provision of payment services on behalf of Currencycloud, is acting as Currencycloud’s EMI Agent with respect to Electronic Money in EUR, USD and GBP and is authorised to provide payment services on behalf of Currencycloud. 2.2. Currencycloud B.V. (referred to in these Terms as “Currencycloud” or our “Partner”) in the issuance of electronic money in EUR and the provision of payment services is authorised by De Nederlandsche Bank (DNB) with relation number BND: R142701 under the E-money Directive and PSD2. 2.3. The following services, which are accessible through the Incard Platform, are carried out by us and Currencycloud and will be subject to the [Currencycloud Terms](https://www.currencycloud.com/wp-content/uploads/2023/08/Terms-of-Use-EU-CC-BV-1-June-23-1.pdf): (a) the issuance and storage of Electronic Money in EUR, USD and GBP; (b) the provision of payment services and currency conversion services; (c) the EUR Collection Service, the GBP Collection Service, the USD Collection Service, the SWIFT Collection Service in your Incard account. 2.4. Transact Payments Malta Limited (referred to in these Terms as “TPML” or our “Partner”) in the issuance of cards is duly authorised and regulated by the Malta Financial Services Authority as a Financial Institution under the Financial Institution Act 1994. Registration number C 91879. Transact Payments Limited is authorised and regulated by the Gibraltar Financial Service Commission. 2.5. The following services, which are accessible through the Incard Platform, are carried out by TPML and will be subject to the TPML Terms: (a) the issuance of Cards pursuant to a licence from VISA; (b) Incard Cardholders entering into Incard Card Transactions. 2.6. Cards provided to EEA residents are issued by Transact Payments Malta Limited pursuant to licence by Visa Europe Limited. The Card remains the property of TPML at all times. 2.7. The production of the Cards and the technology systems required to operate the Cards are provided by Incard and the third party service providers. 2.8. Incard also provides customer support for Cards. All communications should be sent to Incard through email (i.e. [support@Incard.co](mailto:support@incard.co)). 2.9. Incard, TPML and Currency Cloud are subject to the relevant Payment Services Regulations of the countries they are operating the business and under the relevant supervisory authority. These regulations regulate how payments must be transmitted and provide protection when you send money. 2.10. If you require further information on the status of Currencycloud as electronic money institutions or on the status of Incard as EMD Agent, details are available on the DNB’s website . The DNB can be contacted at Spaklerweg 41096 BA Amsterdam or on 0800 020 1068 (free call within the Netherlands) or +31 20 524 9111 (if calling from abroad). ## 3. Commencement and Term 3.1. The execution of the contract begins on the day Incard confirms your Incard account has been approved, taking into account clause 10.5, and shall continue until terminated in accordance with clause 32. ## 4. Your Incard Account 4.1. Your Incard Multi-currency E-money account is an account in which Electronic Money in EUR, USD and GBP is stored in exchange for receiving the corresponding funds from you. 4.2. Incard is authorised to collect funds from you on behalf of our Partners acting as the principal for safeguarding purposes pursuant to clause 4.1 and 4.3. 4.3. When Electronic Money is stored in your Incard E-money accounts, Currencycloud holding the funds corresponding to the Electronic Money is not the same as a bank holding money for you in that: (a) Currencycloud must safeguard the funds received, in exchange for Electronic Money that has been issued, meaning that the funds will be protected by being held in a designated safeguarding account and not mixed with any of Currencycloud’s own funds and; (b) Currencycloud cannot and will not use the funds received, in exchange for Electronic Money that has been issued, to invest or lend to other persons or entities; (c) your Electronic Money will not accrue interest; and (d) your Electronic Money is not covered by the Financial Services Compensation Scheme. The funds corresponding to Electronic Money will be held in one or more segregated bank accounts separately from Currencycloud’s own funds, in accordance with the provisions of the relevant Regulations. ## 5. The Incard Platform 5.1. As part of the Services provided under these Terms, we grant Incard Platform Users a non-exclusive, non-transferable right, without the right to grant sublicenses, to use the Incard Platform during the term of this Agreement solely for your internal business operations. Incard Platform Users (i.e. You and/or the designated person of your accounts) may access the Incard Platform via the Website and the iOS Mobile App. 5.2. The Incard Platform is our portal where Incard Platform Users can: (a) view the Incard Platform; (b) enter into Electronic Money Exchange; (c) enter into Payments; (d) view a list of Incard Transactions that have already been entered to; (e) view the balance and currency of the Electronic Money you hold in your Incard E-Money Account; (f) order physical and virtual cards and view your cards details; (g) view information about and manage your account; and (h) contact customer support. ## 6. Multi-User Functionality of Your Incard Account 6.1. You will be will be able to (when this functionality becomes available and subject to such restrictions that Incard puts in place): (a) grant Employees of your company access to your company’s Incard Account and the right to become Incard Platform Users once they have been approved via the KYC process; (b) enable Incard Platform Users to enter into Incard Card Transactions pursuant to these Terms. 6.2. You fully authorise Incard Platform Users to use the Incard Platform and enter into Incard Platform Transactions on your behalf, debiting money from your Incard E-Money Accounts. For the avoidance of doubt, Incard shall have no liability to you for Incard Platform Users entering into Incard Platform Transactions on your behalf. It is your responsibility to ensure that you terminate an employee from being an Incard Platform User if you no longer want them to be able to enter into an Incard Platform Transaction on your behalf or if they no longer qualify to be an authorised user. 6.3. You fully authorise Incard Cardholders to enter into Incard Card Transactions on your behalf, which will debit money from the Incard GBP E-Money Account associated with the relevant Incard Card. It is your responsibility to ensure that you terminate an employee from being an Incard Cardholder if you no longer want them to be able to enter into Incard Card Transactions or if they no longer qualify to be an authorised user. ## 7. Beta Plan, Basic Plan, Incard Plan, Incard + Plan, Bespoke Plan 7.1.If you are: (a) a Business User under the **BETA** plan: * we shall provide you with the BETA Services; * you shall pay the fees listed in the BETA Pricing for each event outside the free allowance that is not covered by the BETA Plan – please see Business Account Pricing UK - BETA Plan; (b) a Business User under the **BASIC** plan: * we shall provide you with the BASIC Services; * you shall pay us the BASIC Subscription Fees; and * you shall pay the fees listed in the BASIC Pricing for each event outside the free allowance that is not covered by the Basic Subscription Fees – please see Business Account Pricing UK - BASIC Plan; (c) a Business User under the **INCARD** plan: * we shall provide you with the INCARD Services; * you shall pay us the INCARD Subscription Fees; and * you shall pay the fees listed in the Incard Pricing for each event outside the free allowance that is not covered by the INCARD Subscription Fees – please see Business Account Pricing UK - Incard Plan; (d) a Business User under the **INCARD PLUS** plan: * we shall provide you with the INCARD PLUS Services; * you shall pay us the INCARD PLUS Subscription Fees; and * you shall pay the fees listed in the INCARD PLUS Pricing for each event outside the free allowance that is not covered by the INCARD PLUS Subscription Fees – please see Business Account Pricing UK - INCARD + Plan; (e) a Business User under the BESPOKE plan: * we shall provide you with the BESPOKE Services; * you shall pay us the BESPOKE Subscription Fees; and * you shall pay the fees listed in the BESPOKE Pricing for each event outside the free allowance that is not covered by the BESPOKE Subscription Fees – please see Business Account Pricing UK - BESPOKE Plan; 7.2. For any Subscription Plan, we will automatically charge your account, for so long as your Incard Account remains active. 7.3. All Subscription Plans will automatically renew for renewal terms equal in length to the original Subscription Term. 7.4. Your subscription continues until cancelled by you or we terminate your access to or use of Incard in accordance with Clause 32 and these Terms in general. Cancellation will be effective at the end of the Subscription Term. 7.5. If you are: (a) a BETA Business, a BASIC Business, an INCARD Business, an INCARD + Business and you want to upgrade your plan to become a BASIC Business, an INCARD Business, an INCARD + Business or a BESPOKE Business, you will be charged: * The BETA Subscription fee, the BASIC Subscription fee, the INCARD Subscription fee or the INCARD + Subscription fee for the calendar month you become a BASIC Business, an INCARD Business, an INCARD + Business or a BESPOKE Business; and * a pro rata amount of the difference between the subscription fee of your original plan and the subscription fee of your upgraded plan (as applicable) based on the number of days remaining within 30 days of joining an your upgraded plan as a proportion of the period of 30 days. 7.6. If you are: (a) an Incard Business and want to downgrade to become an Basic Business; (b) an Incard + Elite Business and want to downgrade to become an Incard Business; (c) a Bespoke Business and want to downgrade to become an Incard + Business; You may make a request using the Incard Platform or by communicating with us via the customer support member support function on the Incard Platform. Any downgrade to a Subscription Plan’s pricing or payment terms will become effective in the next billing cycle following notice of such change to you as provided in these Terms. 7.7. We will charge you the BASIC Subscription Fees if you are a Basic Business, the INCARD Subscription Fees if you are an INCARD Business, the INCARD + Subscription Fees if you are an INCARD + Business or the BESPOKE Subscription Fees if you are a Bespoke Business. 7.8. We shall deduct the BASIC Subscription fee, the INCARD Subscription fee, the INCARD + Subscription or the BESPOKE Subscription Fees (as appropriate) from your Incard GBP E-Money Account on the relevant date. If you do not have enough Electronic Money in your Incard GBP E-Money Account at the time payment is due to be deducted: (a) You must deposit enough money into your Incard GBP E-Money Account to pay the said subscription as soon as possible; (b) We reserve the right to deduct the relevant subscription fee from any of your other Incard E-Money Accounts including any Incard Non-GBP E-Money Accounts in which case our standard exchange rate will be used. 7.9. If we are unable to collect payment of the relevant subscription fee within 5 days of the date payment was due to be collected, we reserve the right to terminate your BETA plan, BASIC plan, INCARD plan, INCARD + plan, BESPOKE plan, as appropriate. ## 8. Electronic Money Exchanges 8.1. You can use Electronic Money from one of your Incard E-Money Accounts to purchase Electronic Money in the currencies of any of your other Incard E-Money Accounts by accessing the relevant section of the Incard Platform and following the on-screen instructions. The currencies of Electronic Money which you are able to purchase and store in your Incard E-Money Accounts are limited to those set out on the Incard Platform and are subject to change from time to time without us being required to provide you with notice. You may only enter into Electronic Money Exchanges for immediate settlement and delivery. 8.2. You will be informed, on the Incard Platform, prior to sending your request to enter into the Electronic Money Exchange, of: (a) the amount of Electronic Money you will use to purchase the amount of Electronic Money in your required currency; (b) the amount and currency of the Electronic Money you wish to purchase; (c) the exchange rate of the Electronic Money Exchange. 8.3. In order to submit the request to enter into the Electronic Money Exchange, You will need to confirm the details which have been entered by hitting the button on the relevant part of the Incard Platform. 8.4. The request to enter into an Electronic Money Exchange will be accepted when we confirm to you that the Electronic Money Exchange has been entered into, on the Incard Platform. 8.5. We shall use our standard exchange rates when performing Electronic Money Exchanges. Our standard exchange rates are based on a mark-up of the rate we are able to obtain ourselves as wholesalers. Our exchange rates are therefore constantly changing with the currency markets. You should refer to clause 42 (Fees) for more information. 8.6. Please note that we reserve the right to limit the amount of Electronic Money Exchanges you can enter into outside Working Days. This is because, on days which are not Working Days, the currency markets can have very little liquidity and we are exposed to negative movements. ## 9. Incard Payments 9.1. Incard Payments are executed by Currencycloud and are subject to the Currencycloud Terms under Currencycloud’s licence. The following provisions set out how you can instruct an Incard Payment through the Incard Platform. 9.2. The Services provide for the transmission of funds from Customers to recipients (“Recipients”) via electronic funds transfer, wire transfer or other electronic methods. The Services involve the use of the Currencycloud for the remittance of money, the buying or selling of foreign currency, and any other global payment solutions provided by Currencycloud from time to time. 9.3. Incard Platform Users can make a request to enter into a Payment through the Incard Platform (Mobile App or Web App). The request through the Incard Platform can be made by logging onto the Incard Platform and clicking on the “pay” button and following the on-screen instructions. 9.4. The Fees for Payments are set out in clause 42 (Fees). 9.5. In order for a Payment instruction from you to be properly executed, you must provide us with the information or Unique Identifier which is necessary for the proper execution of the Payment instruction. If this is incorrect, it could result in the Payment being delayed or the monies transferred being lost. The information could comprise the Beneficiary Bank Account’s bank sort code and account number or, where applicable, the payee’s SWIFT number, BIC number and IBAN number. 9.6. In order to complete the request to enter into the Payment, the Incard Platform User will need to confirm the details which have been entered by hitting the relevant button on the relevant part of the Incard Platform and complying with any additional security requirements requested on the Incard Platform. 9.7. Once you have entered or confirmed (as appropriate) the information set out in clause 9.6 by clicking on the relevant button and/or complying with the additional security requirements on the Incard Platform, this will constitute You providing consent to Incard for the Incard Payment. You cannot revoke consent to enter into an Incard Payment unless it is a Scheduled Incard Payment, in which case you can revoke consent on the “pay” part of the Incard Platform no later than the end of the Working Day before the agreed day of execution of the Scheduled Incard Payment. 9.8. It is essential that you check the details of each Payment before providing its consent for the execution as Incard is unable to recall a Payment once it has been executed, even if it is to one of your ‘known’ Beneficiaries. 9.9. The request to enter into an Incard Payment shall be deemed to be received at the time at which it is received except that: (a) where the request is received on a day which is not a Working Day or is received after 3 pm, London time on a Working Day, we have the right to treat the request as having been received on the next Working Day; (b) where it is agreed between us and you that an Incard Payment is to be executed on a specified day; and (c) the time of receipt of the request is deemed to be the day so agreed unless such day is not a Working Day in which case the request is deemed to have been received on the first Working Day thereafter. 9.10. Once the Payment has been completed, you will be able to view the completed Payment on the Incard Platform. 9.11. After we receive a request to enter into an Incard Payment, we shall provide the following information: (a) a reference enabling you to identify the Incard Payment and, where appropriate, information relating to the Beneficiary; (b) the amount of the Incard Payment in the currency used; (c) the amount of the charges and transfer fees for the Incard Payment payable by you (with a breakdown of such amounts where applicable); (d) where applicable, the exchange rate used in the Incard Payment and the amount of the Incard Payment after that currency conversion; and (e) an estimate of the date your payment will reach your beneficiary and be completed. 9.12. We will provide you with the information specified in clauses 9.11 and similar information relating to all Incard Transactions via PDFs made available on the Incard Platform, free of charge at least once a month. You will examine the confirmations and communications which we send to you within a reasonable time after receiving them and will promptly advise us without undue delay of any apparent mistake or discrepancy. Delay in notification may make correcting any error difficult. 9.13. If, for whatever reason, the funds are not deposited in the Beneficiary Bank Account and are returned to your Incard E-Money Account, they will be converted into the currency of the Incard E-Money Account they were originally withdrawn from. Due to the difference in price for purchasing and selling currencies and/or fluctuations in exchange rates, the amount of Electronic Money you receive back into your Incard E-Money Account may be more or less than what was originally redeemed to perform the Payment. Incard is not liable for any losses you incur in this respect. 9.14. Some Suppliers might accept payment by setting recurring payments to be deducted from your Incard E-Money Account on a regular basis. The amount of the recurring payment and the intervals at which the payments will be deducted is determined by the arrangement between you and the relevant Suppliers and their terms and conditions will apply. If you wish to amend or cancel your recurring payment, you may only do this by contacting the Suppliers directly. 9.15. Where an Incard Payment is denominated in: (a) euro to a Beneficiary Bank Account within the European Economic Area (‘EEA’) or an EEA currency other than euro and the Beneficiary Bank Account is located within the EEA, we shall ensure that the amount of the Incard Payment is credited to that account by the end of the fourth Working Day following that on which your request to enter into the Incard Payment was deemed to be received; and (b) a currency other than euro and the account of the Beneficiary’s payment service provider is located outside the EEA, we shall endeavour to ensure that the Incard Payment arrives as soon as is reasonably practicable. ## 10. Cards 10.1. The Card is a Platinum Business Debit Payment Card that can be used to pay for goods and services at participating merchants that accept VISA cards. (a) The Virtual Card is designed for use in online shops or for telephone purchases where the Card is not required to be physically present. (b) The Physical card is designed for use in shops and retail locations where You are physically present and for online, telephone and other distance purchases and, only if enabled, can be used to make cash withdrawals from ATMs and banks that agree to provide this service. 10.2. As with any payment card, We cannot guarantee that a particular merchant will accept the Card. If You are unsure about this, please check with the merchant before attempting to complete the transaction. 10.3. The Incard Cards are issued by TPML and the issuance and use of same are subject to the TPML Terms. The Fees for the issuance and use of the Incard Cards are set out in clause 42 (Fees). 10.4. You must ensure that You have sufficient Available Funds on the balance to pay for each purchase, payment or cash withdrawal using the Card. Regardless of the type of Card(s) You have, You will have only one Account where Your Available Balance is located. 10.5. The Card is intended for use as a means of payment and funds loaded onto the Card do not constitute a deposit. You will not earn interest on the balance of the Card. 10.6. When You receive Your Physical Debit Payment Card, it will be issued to You or one of the Incard Platform Users in an inactive state. You will need to activate it by referring to the Website and following the instructions for activation prior to use. If You don’t activate Your Card, any transactions that You attempt to carry out may be declined. 10.7. The Card will expire on the Expiry Date and will cease to work. Please check Condition 16 of this Agreement for further information. 10.8. We reserve the right, with TPML‘s authority, to refuse Your application to issue or activate the card, or to close Your customer account if the checks carried out pursuant to Clause 11 – or other circumstances – give rise to a definitive suspicion based on circumstantial evidence that You are using the card for, or are involved in, money laundering, terrorist financing, fraud or other illegal activities. In such a case, we will inform You as soon as is practically possible regarding the rejection of the application. ## 11. Identification Required for Purchase of Incard Cards 11.1. We need certain information concerning You and only store this information for as long as it is required for the purpose described. You can find further information in clause 34. 11.2. For the purposes of secure identification, we require proof of Your identity and proof of your business identity and addresses to fulfil the applicable statutory requirements. To this end, We may need documentary evidence from You and/or we may conduct the verification of Your personal and business information using electronic means. 11.3. The activation of the Card will indicate to us that You consent to the checks described in this Agreement being undertaken. 11.4. Where permitted, You may request additional Cards linked to Your Card. You authorise us to issue Cards and PINs to the additional cardholders and You authorise each additional cardholder to authorise transactions on Your behalf. You remain responsible for any fees, transactions, use or misuse of any Card or additional Card requested by You. 11.5. These terms also apply to any additional cards or cardholders set up by You. It is important that You submit these terms to each additional cardholder before they use the card. ## 12. How to Use the Card 12.1 A Card may only be used by the person to whom the Card was issued. In the case of an additional or secondary Card, that Card may only be used by a person nominated by the primary cardholder. The Card is otherwise non-transferable, and You are not permitted to allow any other person to use the Card, for example by disclosing Your PIN or allowing them to use Your Card details to purchase goods via the internet. Prior to use, the Card should be signed on the signature strip located on the back of the Card. 12.2 You agree that any use of your card, card number or PIN constitutes your authorisation and consent to a transaction. 12.3 We may assume that a transaction has been authorised by You, if either: (a) in the case of a Physical card, the magnetic strip on the Card was swiped by the retailer or the Card was inserted into a chip & PIN device; or (b) the Card PIN was entered or a sales slip was signed; or (c) in the case of a Physical card or Virtual Card, relevant information was supplied to the retailer that allows them to process the transaction, for example providing the retailer with the 3-digit security code on the back of Your Card in the case of an internet or other non face-to-face transaction; or (d) Your Card is tapped against a Contactless-enabled reader and accepted by such a reader. 12.4. Normally, We will receive notification of Your authorisation by way of an electronic message in line with the rules and procedures of the payment scheme (VISA network). Once You have authorised a transaction, the transaction cannot be stopped or revoked. However, You may in certain circumstances be entitled to a refund in accordance with clauses 22 and 23. 12.5. On receipt of notification of Your authorisation or the authorisation of an authorised user of a transaction and the transaction payment order, normally We will deduct the value of the transaction, plus any applicable fees and charges, from the Available Funds on the Card. 12.6. The Card can only be used for transactions where authorisation is sought and given at the time of the transaction. 12.7. You cannot stop a transaction after it has been transmitted to us by giving your consent to the transaction. 12.8. Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Card the transaction will be declined. Under certain circumstances, a transaction may result in a negative balance on Your card account – this usually happens when the merchant has not obtained authorisation for the transaction. In such cases we will attempt, to the extent possible, to recover part or all of the funds from the merchant, provided that we have no concrete or circumstantial suspicion that You have intentionally used the card in a manner that results in a negative balance. We deal with such transactions on a case-by-case basis. We will, under such circumstances, ask You to deposit funds to cancel out any negative card balance and limit or suspend the use of Your card until Your card has available funds again. 12.9. The Card may be used in full or part payment for purchases. In the case of part payment, the cardholder will be required to pay the outstanding amount of the purchase by an alternative means, for example, cash, bank transfer, debit card or credit card. 12.10. You are able to use Your Physical card to enable Contactless transactions. When using Your card for Contactless transactions, a maximum limit will apply. The limit is regulated by the local regulator or conditions of the program and may vary from time to time. We will advise You what the limit is and of any changes to the limit on Our Website. 12.11. If You use Your Card for a transaction in a currency other than the currency in which Your card is issued, the transaction will be converted into the currency in which Your card is issued at a rate shown at [VISA website](https://www.visa.co.uk/support/consumer/travel-support/exchange-rate-calculator.html). The rate is calculated on the date when the transaction is authorised by VISA (‘authorisation day’). Details of how to calculate the actual transaction date, and therefore the appropriate exchange rate, can be found in the FAQ section of the website. The exchange rate changes during the day is not fixed by Us, therefore we are not responsible and cannot guarantee that You will receive a favourable exchange rate. Changes in exchange rates can occur immediately and without notice. You can compare the rate being applied to your transaction with the rates published by the European Central Bank by using [this link](https://www.ecb.europa.eu/stats/policy_and_exchange_rates/euro_reference_exchange_rates/html/index.en.html). You can obtain exchange rate information upon completion of the transaction via Your online account (App or WebApp). 12.12. Normally We can handle transactions 24 hours a day, 365 days a year. However, We cannot guarantee this and under certain circumstances such as in the event of a serious technical problem, We may not be able to receive or complete a transaction immediately. 12.13. This is not a debit card supported by a bank account, and is not in any way connected to a bank account. It is also not a guarantee card, charge card or credit card. Interest will not be earned on any funds loaded on to the card. ## 13. Restrictions on Use of Card 13.1. You must ensure that You have sufficient Available Funds on Your Card to pay for each purchase, payment or cash withdrawal using the Card. The amount that is allowable for transactions is shown in Clause 41 as well as Our website. Increased limits and certain functions may require additional identity checks be performed on the cardholder before they can be allowed. 13.2. The Card is not linked to a bank deposit account and is not a cheque guarantee card, charge card or credit card, nor may it be used as evidence of identity. 13.3. You must not use the card for any illegal purposes. 13.4. Subject to the limits, You may re-deposit new funds. New funds may only be deposited using the methods approved by us. We describe those applicable methods for depositing funds on Your Card on the website. If You have any questions about the methods for depositing funds on Your Card, please contact Our Customer Service Department in accordance with Clause 26. In order to prevent fraud, money laundering, terrorist financing and other financial crimes, We reserve the right to change these limits at any time or refuse the depositing of new funds if there is a concrete suspicion of fraud, money laundering, terrorist financing or other financial crimes. 13.5. The respective spending limits apply to the Card. More detailed information can be found in Clause 41 and on the website. 13.6. Any preauthorisation amount (such as a hotel booking or car hire) will place a “hold” on Your Available Funds until the retailer sends Us the final payment amount of Your purchase. Once the final payment amount is received, the preauthorisation amount on hold will be removed. It may take up to 30 days for the hold to be removed. During the hold period, You will not have access to the preauthorised amount. 13.7. Automated Fuel Dispenser: Incard is compatible with AFD expenses. In order to begin an AFD transaction, the cardholder will need to insert their card into the chip reader and enter their PIN. Cardholder initiates card payment by inserting payment card and entering their PIN. (a) The AFD requests a maximum authorisation of £100; (b) The card issuer returns an authorised full amount; (c) The AFD displays a message to the cardholder advising them that they can commence filling up to the amount returned in the authorisation response or, £100 if no amount is returned in the authorisation response; (d) Once the cardholder completes fuelling, the app will confirm the final transaction amount; (e) Some Merchants may not accept Your Card. It is Your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept Your Card. 13.8. The card is restricted to use for Wires, Money Orders, Gambling, Betting, Lottery, Dating services, Manual Cash Disbursements, Adult content, some Direct Marketing, Investment Firms, and Blacklisted countries, such as : Burundi, Central African Republic, Cuba, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Lebanon, Libya, Mali, Myanmar, Nicaragua, Russian Federation, Serbia, Somalia, South Sudan, Sudan, Syrian Arab Republic, Venezuela, Yemen, Zimbabwe, Crimea, Kherson, Zaporizhzhia. The above is not an exhaustive Prohibited & High Risk Countries List. The list is maintained by Incard and it will be changed from time to time. 13.9. You must not use the card for pre-authorised regular payments. 13.10. You must not use the card for transactions for cash (other than ATM withdrawal) including for example cash back, cash from a bank, money orders, traveller’s cheques, foreign exchange, or bureau de change. ## 14. Managing Your Card 14.1. We will publish Your monthly statements in the online account. Each statement will specify: a reference enabling You to identify each transaction; the amount of each transaction; the currency in which Your Card is debited; the amount of any transaction charges including their break down, where applicable; the exchange rate used in the transaction by Us and the amount of the transaction after the currency conversion, where applicable; and the transaction debit value date. If there are no transactions on the Card for more than a month then We will not provide You with a statement. 14.2. You will need access to the internet to manage the Card. You may check the balance and available funds on Your Card or view a statement of recent transactions, which will be updated daily, by visiting Our Website in Your secure personal login area and following the login request for the Card. 14.3. We may stop, suspend or restrict your card or PIN on reasonable grounds relating to: (a) the security of your card, card number or PIN, and (b) the suspected unauthorised or fraudulent use of your card or PIN. We will, if possible, inform you before stopping, suspending or restricting your card or PIN that we intend to do so and the reasons for doing this. If we are unable to do so then we will inform you immediately afterwards. The requirement to inform you does not apply where it would compromise reasonable security measures or it would be unlawful to do so. ## 15. Expiry of the Card 15.1. Your Card will expire on the Expiry Date. The Card will cease to function and You will not be entitled to use the Card. 15.2. Usually we will issue you a new card shortly before the card expires with the approval of TPML. This does not apply if : (a) You are in arrears with the fees under clause 42; (b) You have overdrawn your account; (c) We have a specific, indicative suspicion of fraudulent or other criminally relevant behaviour on your part in relation to your use of the card; (d) You otherwise violate essential provisions of this contract. 15.3. When we issue a new Card, it has a new expiry date and the new card expires on that date. This does not affect the duration of the contract (see Clause 32). If you do not pay a current fee to cover our costs, we are not obliged to issue a new Card. 15.4. If your Card has not been used in the eight weeks before its expiry date, you will receive an email asking if you wish to replace the Card and retain any existing balance on it. If you ask us to do so, a replacement card will be issued to you within two weeks. A card replacement fee may apply. 15.5. If You do not wish to receive a replacement card at the time of Your current card’s expiry, You may terminate the Agreement in accordance with Clause 32. ## 16. Cancellation and Redemption Procedure 16.1 If You cancel the Agreement, we will cancel Your card and You must inform our Customer Service Department as set out in Clause 14 as soon as possible as to how we should deal with the unused funds available on Your card. Please note that You have no right to a refund of any money that has already been spent on goods or services. ## 17. ATM Withdrawal 17.1 An Incard Cardholder may withdraw funds from your Incard E-Money Account by entering into an Incard Card Transaction with an ATM. ## 18. Your Balance and Negative Balance 18.1. You acknowledge that balances and available funds reported on the Incard Platform are only approximate real-time balances rather than the settled balances in your Incard E-Money Account. A real-time balance may not take into account pending debits and credits. Incard will provide you with information on pending debits and credits as soon as it has that information. 18.2. If for any reason you have a negative balance in any of your Incard E-Money Accounts, you agree to immediately send the required amount of money to correct the negative balance, such amounts being due without the need for previous notification. Failure to send us the required amount of money within a reasonable period of time shall be deemed a material breach of these Terms in accordance with clause 32.4(a). In addition, we may: 18.3. exercise our right to automatically redeem your Electronic Money in one of your other Incard E-Money Accounts in accordance with clause 28 (Our Right for Compensation) of these Terms; (a) initiate a chargeback procedure for any specific transaction which led to your Incard E-Money Account having a negative balance; (b) close or suspend any or all of your Incard E-Money Accounts; (c) report you to any credit reference agencies; and/or (d) take debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. 18.4. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts. ## 19. Security 19.1. We may stop: (a) Incard Users’ use of the Incard Cards; and/or (b) Incard Users’ use of the Incard platform; on reasonable grounds relating to the security of the Incard Platform and/or an Incard Card and the suspected unauthorised and/or fraudulent use of the Incard Platform and/or a Incard Card. 19.2. Where we cease use in accordance with clause 19.1, we shall inform you of same and inform you of our reasons for doing so. Where we and/or our Partners are unable to inform you before ceasing such use, we shall do so immediately afterwards, unless we are prohibited from doing so by law. ## 20. Keeping Your Card and Details Safe 20.1. With every transaction You make with Your card or using Your card data, We will assume that this has been executed by You, unless You inform Us to the contrary in accordance with Clause 21.1. 20.2. You are responsible for keeping Your Card and its details safe. This means You must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a transaction. Before proceeding with a transaction and giving the physical card or card details to a merchant or service provider, you should have a good feeling that the merchant or service provider is sincere and has taken appropriate steps to protect your information. 20.3. You must keep Your PIN safe at all times. This includes: (a) Memorising Your PIN as soon as You receive it, and destroying the letter or other document on which We provided the PIN to You immediately. (b) Never writing Your PIN on Your Card or on anything You usually keep with Your Card; (c) Keeping Your PIN secret at all times, including by not using Your PIN if anyone else is watching; and (d) Not disclosing Your PIN to any person. Failure to comply with this may be treated as gross negligence and may affect Your ability to claim any losses. NEVER COMMUNICATE YOUR PIN TO ANYONE IN WRITING OR OTHERWISE. This includes printed messages, emails and online forms. 20.4. For the avoidance of doubt you are required to ensure that you are taking all the reasonable steps to protect the security of your Incard account and Incard card, including but not limited to: (a) logging off the Incard Platform every time you leave the mobile or computer (or other device) used to gain access to the Incard Platform; (b) keeping the mobile or computer (or other device) You use to gain access to the Incard Platform safe and secure and locked with a secure password; (c) not telling anyone Your Security Codes, including any person claiming to work for Incard; (d) if You receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your Security Code, not providing your information and contacting us via the member support function on the Incard Platform; (e) ensuring that the computer and e-mail account(s) and mobile phone you use to communicate with us are secure and only accessed by you, as the computer, e-mail address and mobile phone may be used to reset your Security Code or to send information relating to the security of the Incard Platform; (f) if at any time you think that your Security Code has been lost, stolen or any other person knows your Security Code, informing us via the member support function on the Incard Platform; and (g) never using any functionality that allows the Security Code to be stored by the mobile or other device you use to gain access to the Incard Platform. (h) each Incard Cardholder complying with the obligations set out in the TPML Terms. 20.5. All Incard Transactions are processed by automated methods, and anyone who obtains access credentials to the Incard Platform or access to an Incard Card could use it to enter into Incard Transactions without your permission. If you notice misuse, theft or unauthorised use of: (a) the Incard Card or a PIN or any other activity that makes you suspicious, you must (if available) freeze the Incard Card or cancel and reorder the Incard Card via the Incard Platform and/or (if not available) contact us using the member support function on the Incard Platform. For lost, stolen or damaged cards, you can contact us by calling +44 20 3318 1101 (available from 09.00 to 17.00 BST); (b) the Incard Platform or the Security Code or any other activity that makes you suspicious, you must contact us using the member support function on the Incard Platform; (c) If you suspect identity theft or theft of Electronic Money, we suggest that you contact your local police as well. 20.6. Incard may stop or suspend the use of the Incard Platform if it has reasonable grounds for doing so relating to: (a) the security of the Incard Platform; or (b) the suspected, unauthorised or fraudulent use of the Incard Platform. ## 21. Lost, Stolen or Damaged Cards 21.1. If Your Physical card is lost, stolen, damaged or if You have reasonable grounds to suspect that someone else has used it, or if You believe Your Virtual card details have been stolen or used by someone else, please inform our Customer Service Department immediately upon becoming aware of such circumstances in accordance with Clause 26 of this Agreement. 21.2. After You have notified Us of any incident of loss, theft or risk of misuse and provided that we are able to identify Your Card and perform certain security checks to a satisfactory level, we will issue You with a replacement card and/or PIN. ## 22. Purchases from Retailers 22.1. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the card. We are not liable for the failure of any merchant to honour the card. 22.2. If a merchant grants a refund for any reason (for example if You return the goods as defective), it may take several days for us to receive notification of the refund and the money itself. The refund may not be visible on Your card until 5 – 10 days after the refund has been duly processed. 22.3. You may request the refund of a transaction that You have authorised under the following conditions: (a) Your authorisation does not exactly match the amount You agreed to in the transaction, and (b) The amount of the transaction has exceeded the amount You could reasonably have expected (taking into account Your previous spending patterns on the card, the Agreement and the circumstances of this case). Such a refund must be requested from Our Customer Service Department within 8 weeks of the amount being deducted from the card. Any refund or justification by Us for refusing a refund will be made within 14 business days of receipt of Your refund request. Any refund must correspond to the amount of the transaction. Such refunds are not subject to any fees. ## 23. Transaction Disputes 23.1. If You believe You did not authorise a particular transaction or that a transaction was incorrectly executed, in order to obtain a refund You must contact Our Customer Service Department without undue delay in accordance with Clause 26 – as soon as You notice the issue, and in any case no later than 13 months after the amount of the transaction has been deducted from the card. We will, as soon as is reasonably practicable and together with Partners, reimburse (no later than the close of business on the day following the date that we became aware of the unauthorised transaction) any unauthorised transactions and related transaction fees and charges due under this Agreement, subject to the remainder of this Clause 23, unless We maintain a concrete, circumstantial suspicion of fraudulent conduct on Your part. In such a case, We will initiate an investigation as soon as is practically possible and inform You of the result. If this investigation shows that the transaction in question was indeed unauthorised and was not fraudulent, grossly negligent or intentional on Your part, we will process a refund in accordance with this Clause 23.1. Otherwise 23.3 shall apply. 23.2. Subject to the remainder of this Clause 23, we limit Your liability for any damages arising from unauthorised transactions to £35 or Euro equivalent. 23.3. In the following cases, You will be liable for all losses incurred in relation to an unauthorised transaction, provided that we are not at fault: (a) You have demonstrably acted fraudulently; or (b) You bear demonstrable responsibility for intentional or gross negligence. 23.4. Subject to the rest of this clause 23, we will limit Your liability to £35 or Euro equivalent for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card’s details, except where: (a) the loss, theft or misappropriation of the Card was not detectable by You before the unauthorised transaction took place (unless You acted fraudulently, in which case You are liable for all losses incurred in respect of the unauthorised transaction), or (b) the loss was caused by acts or omissions of one of Our employees or agents, in which case You are not liable for any losses. 23.5. If our investigations reveal that a disputed transaction has been authorised by You or that You have been found to have acted fraudulently or with gross negligence, we together with Partners may reverse any refunds made to You and You shall be liable for all damages incurred by us in connection with the transaction, including, but not limited to, the cost of any investigation conducted by us or Partners in connection with the transaction. We will offer You reasonable notice of any reverse refunds as soon as is practicable. 23.6. Under certain circumstances, a transaction will be initiated (but not fully executed). This may result in the value of the transaction being deducted from the balance on Your card and will therefore no longer be available for use – We refer to this as “pending authorisation” or “blocking”. In such cases, You must inform Our Customer Service Department in accordance with Clause 26, describing the facts of the case. We will then investigate with the relevant third parties and will ensure Your balance is adjusted in accordance with the applicable legal requirements. 23.7. Except where You have acted fraudulently, You will not be liable for any losses incurred in respect of an unauthorised transaction: (a) which arise after Your notification to Us; (b) where We have failed to provide You with the appropriate means of notification, as found in clause 21.1. 23.8. Under certain circumstances, We may be required to refuse to complete a transaction authorised by You. These circumstances include the following cases: (a) We have grounds for reasonable suspicion regarding the security of Your card (PIN disclosed, card lost/stolen) or We maintain a concrete, circumstantial suspicion that Your card is being used in a fraudulent or unauthorised manner; (b) there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction; (c) there is an outstanding shortfall on the balance of Your Card; (d) if We maintain a concrete, circumstantial suspicion that You are acting contrary to this Agreement; (e) there are errors, failures (mechanical or otherwise) or refusals by retailers, payment processors or payment schemes processing transactions; (f) a transaction might take you over any of your card limits; (g) we reasonably believe that we need to do so to keep to the rules of the payment system under which your card is issued; (h) we reasonably believe that it is necessary to do so to comply with any law or as a matter of good practice; or (e) We are required to do so by law. 23.9. Unless we are violating any laws, we will inform you, as soon as practically possible, of the rejection and the reasons for the rejection in cases where we refuse to conclude a transaction in accordance with clause 23.7 and together with you if necessary tell you what to do to correct any factual errors that have resulted in the denial. 23.10. If we have reasonable suspicions regarding the security of your card (PIN disclosed, card lost/stolen) or if there is a specific suspicion that your card is being used fraudulently or unauthorised, we can temporarily block your card. We will inform you in advance of such a temporary block and the reasons for this, or, if this is not possible, as soon as practically possible afterwards, unless this would endanger adequate security measures or would otherwise be illegal. We will lift the temporary block as soon as practicable or, if necessary, issue a new card free of charge as soon as the reasons for the temporary block no longer exist. ## 24. Restrictions on the Use of Services 24.1. Incard will use its sole discretion based on its own risk assessment (which will change from time to time) when deciding whether to allow a prospective client to open an Incard Account and whether to close open Incard Accounts. 24.2. The following is a non-exhaustive list of examples of businesses which are outside our risk assessment, you must inform us if any of these become applicable to you (a) businesses or businesses with persons associated with it that are (i) suspected or convicted of financial crime or any other offence or action that carry a reputational risk for Incard; (ii) subject to economic sanctions; (iii) highly rated politically exposed persons; (iv) suspected or convicted of terrorism and related offences; (v) knowingly providing false information to Incard relating to their identity or business activities; (b) businesses that are: (i) actively involved in crypto or virtual currencies; (ii) traders of precious metals and stones; (iii) operating as a money service business; (iv) involved in banking and similar financial services; (v) active in the betting and gambling industry; (vi) active in trading with unlicensed drugs; (vii) trading in weapons and armaments; (viii) operating bidding fee auctions; (ix) operating unlicensed scrap metal dealership; (x) active as unregistered waste management businesses. 24.3. It is not permitted to: (a) use the Services for any illegal purposes. Incard will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator; (b) use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full; (c) breach these Terms or any other agreement or policy that you have agreed with Incard or our Partners; create more than one Incard Account without our prior written consent; use the Services to violate any law, statute, ordinance, or regulation; use the Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services; (d) infringe Incard’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (e) act in a manner that is defamatory, libellous, threatening or harassing when using the Services; (f) harass our employees, agents, or other users of Incard; (g) provide us with false, inaccurate or misleading information; (h) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (i) use the Services to engage in debt-collection activities; (j) instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf; (k) control an Incard Account that is linked to another Incard Account that has engaged in any of the restricted activities set out in this clause; (l) conduct your business or use the Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Incard, third parties or you; (m) use your Incard Account or the Services in a manner that the Incard Card Issuer, Visa or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules; (n) allow any of your Incard E-Money Accounts to have a negative balance; (o) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Services; (p) take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; (q) circumvent any Incard policy or determinations about your Incard E-Money Account including, but not limited to, attempting to create a new or additional Incard Account when a Incard E-Money Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Incard E-Money Account using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Incard E-Money Account; (r) use the Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable laws; (s) use the Services to trade FX for speculative purposes or for FX arbitrage; (t) refuse or fail to provide further information about you or your business activities that we may reasonably request; (u) conduct your business or use the Services in a manner that leads us to receive a disproportionate number of claims or chargebacks; (v) have a credit score provided by a third-party provider of Incard’s choosing and/or other risk scoring method (such as adverse media) which indicates a higher level of risk associated with your use of the Services than Incard is willing to accept; (w) reveal your Security Code to anyone or use anyone else’s Security Code. 24.4. You must ensure that You only enter into Incard Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via an Incard Transaction is not an indication of the legality of the supply or provision of the goods and services. 24.5. If Incard, in its sole discretion, believes that you may have breached any provision of this clause 24, we may act to protect ourselves, other users of Incard and third parties. The action we may take includes but is not limited to: (a) closing, suspending, or limiting your access to your Incard E-Money Account or any or all of the Services; (b) contacting other users of Incard who have transacted with you; contacting your bank or credit card issuer; and/or warning other users of Incard, law enforcement, or impacted third parties of your actions; (c) updating inaccurate information you have provided to us; (d) taking legal action against you; (e) terminating these Terms and/or your Incard Platform Users’ access to the Incard Platform and/or terminating the Incard Cards issued to your Incard Cardholders; (f) fully or partially reversing a Incard Transaction; and/or (g) blocking your access to your Incard E-Money Account and/or the Incard Platform temporarily or permanently. 24.6. Where possible, Incard will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation. ## 25. Suspending Your Use of the Service 25.1. We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Services feature, without notice and without liability. ## 26. Customer Services 26.1. Our Customer Service Department is normally available 24 hours a day, 7 days a week. During these times, we will make every effort to process Your request immediately. Please note, however, that certain issues can only be resolved during our business hours. You can contact Our Customer Service Department by: * E-mailing [support@Incard.co](mailto:support@incard.co) If You need to be contacted in the event of a concrete, circumstantial suspicion of fraud or other form of security threat, You will first receive a text message from us asking You to contact our Customer Service Department. 26.2. Our business hours are Monday to Friday from 09.00 to 17.00. Correspondence received by Us after the close of business on a particular day will be treated as received on the following business day. ## 27. Complaints 27.1. [Our Complaints Policy](https://www.incard.co/legal/complaints) forms part of these Terms of Use. By accepting these Terms of Use, You also agree to the Complaints Policy available on the Website. You should review the Complaints Policy before agreeing to these Terms of Use. 27.2. If you would like to log a complaint with us, please email us at . Our Complaints Policy sets out the process for submitting and resolving any complaints. You may request a copy of our Complaints Policy at any time by contacting us. 27.3. If you have received our final response and you are still unhappy or not satisfied, then you may, if your complaint falls within the Financial Ombudsman Service’s jurisdiction, be able to take your complaint to the Financial Ombudsman Service (FOS), details of which are available in the complaints policy. 27.4. Please note that complaints relating to an Incard E-Money Account will be handled by incard on Currencycloud’s behalf. Similarly, complaints relating to Incard Card Transactions or the Incard Card will be made against TPML and subject to the TPML Terms, although incard may be handling the complaint on TPML’s behalf. ## 28. Our Right for Compensation 28.1. On the happening of any event which entitles us to be compensated by you, we shall be entitled to redeem Electronic Money held in one of your Incard E-Money Accounts to pay such compensation. For the avoidance of doubt, this includes if the balances in one of your Incard E-Money Accounts shows that you owe us an amount of funds for any reason or has a negative balance, Incard may redeem Electronic Money you maintain in one of your Incard E-Money Accounts which has a positive balance to pay us the compensation or to redress the negative balance in a different Incard E-Money Account. 28.2. If the amount owed to us is in a currency which is different to the money or Electronic Money you hold with us, we shall convert the amount you hold with us to the currency of the amount you owe us by applying our standard exchange rates. We do not need to notify you of this conversion occurring. 28.3. Each party shall pay interest on any sum due under these Terms, calculated as follows: (a) Rate. 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%. (b) Period. From when the overdue sum became due, until it is paid. ## 29. Liability for Incard Payments 29.1. Subject to clause 29.5, where: (a) an Incard Payment was not authorised by you or was incorrectly initiated or executed by us; and (b) you have notified us using one of the methods set out in clause 33.4, without undue delay on becoming aware of the unauthorised or incorrectly executed Incard Payment and in any event: * if you are a Micro-Enterprise or a Charity, no later than 13 months after the date the Incard Payment was executed, * if you are not a Micro-Enterprise or a Charity, no later than 2 months after the date the Incard Payment was executed, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Working Day following the day on which we became aware of the unauthorised Incard Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities. 29.2. You will be liable for: (a) all losses incurred in respect of unauthorised Incard Payments made by Incard if you and/or a Incard Platform User has acted fraudulently, or has intentionally or has with intent or gross negligence not complied with its obligations under clause 20; and (b) where clause 29.2 (a) does not apply, up to £35 of any losses incurred in respect of unauthorised Incard Payments arising where you and/or a Incard Platform User has failed to keep the Security Codes safe and/or failed to stop the Incard Platform from being misappropriated, except where: (c) the misappropriation of the Incard Platform was not detectable by you and/or a Incard Platform User prior to the Incard Payment, except where you and/or the Incard Platform User has acted fraudulently; or (d) the loss was caused by acts or omissions of an employee, agent or branch of Incard or of an entity which carried out activities on behalf of Incard. 29.3. Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of unauthorised Incard Payments where: (a) you have notified Incard in writing, without undue delay, on becoming aware of the loss, theft, misappropriation or unauthorised use of any Security Codes or the Incard Platform and the failure by Incard to do anything resulted in the aforementioned loss; or (b) Incard has failed to provide appropriate means for notification of the loss, theft, misappropriation or unauthorised use of any Security Codes or Incard Platform. 29.4. Incard shall not be liable for non-execution or defective execution in relation to an Incard Payment which it has made in accordance with a Unique Identifier given to it by you which proves to be incorrect. However, Incard shall make efforts to trace any non-executed or defectively executed Incard Payment and notify you of the outcome. 29.5. We are liable to you under clause 29.1 for the correct execution of a Incard Payment unless we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Incard Payment within the appropriate time period described in clause 9.15. 29.6. Under Regulation 92 of the Payment Services Regulations 2017, you may be entitled to a refund in certain circumstances where a payment is initiated by you as payee. It is not anticipated that any payment will be initiated by you as payee under any services provided by us. 29.7. The provisions in this clause 29 shall survive termination of these Terms. 29.8. In some circumstances a number of intermediaries (such as correspondent banks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges sometimes cannot be calculated in advance. You hereby acknowledge that you shall be liable for these charges. 29.9. Currencycloud Payments and Incard Card Transactions are performed by Currencycloud and TPML respectively and liability for the same is therefore set out in the Currencycloud’s Terms and TPML’s Terms. ## 30. Liability with Respect to Payments, ATM Withdrawals, and Incard Card Purchases 30.1. If you believe that an Incard Payment, an ATM Withdrawal and/or an Incard Card Purchase has been incorrectly executed or was not authorised by you you must inform us as soon as possible, and in any event within the time limits set out in the Currency’s Terms and TPML’s Terms, via the member support function on the Incard Platform. ## 31. Limitation of Liability 31.1. None of the organisations referred to in Clause 1 shall be liable in the following cases, unless they have caused damage as a result of gross negligence or culpable misconduct, have breached essential obligations under this Agreement or have caused injury to life, limb or health: (a) any error or failure related to the use of the Card that is a result of irregular and unpredictable circumstances beyond Our control and which, despite our best efforts, could not have been prevented, including but not limited to, an error or failure of the data processing systems; (b) the goods or services that You purchase with Your Card; (c) any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; (d) a merchant refusing to honour a transaction or refusing a payment; (e) any acts or omissions that are a consequence of Our compliance with any national or European Union law. 31.2. In addition to the limitations stated in Clause 31.1, our joint liability shall be limited as follows: (a) If Your Card is faulty due to our negligence or the negligence of Currencycloud/TPML, our liability shall be limited to replacing the card or refunding the funds available on Your card to You; or (b) If, as a result of our negligence or the negligence of Currencycloud/TPML, sums have been incorrectly deducted from Your card, our joint liability shall be limited to payment to You of the appropriate amount. 31.3. In all other cases pertaining to our joint negligence, our joint liability shall be limited, subject to Clause 31.1, to the repayment of those funds available on the Card. 31.4. Nothing in this Agreement shall limit or exclude Currencycloud/TPML‘s regulatory duties, which we may not exclude or limit, nor our liability for death or personal injury. 31.5. If you have fraudulently used (or permitted the fraudulent use of) Your card in a manner that is contrary to this Agreement or for other illegal purposes, or if You have allowed Your card or Your data to be compromised as a result of Your gross negligence, You shall be responsible for the use and misuse of the card. We will take all reasonable and necessary steps to recover any damage attributable to Your conduct, including on behalf of Currencycloud/TPML. Your liability shall not be subject to any limitation, unless said limit is established by applicable laws and regulations. This means that You must take good care of Your card and data and act responsibly, otherwise You will be held liable. 31.6. As a responsible issuer of electronic money Currecycloud takes the security of Your money very seriously. Your funds are held in a secure customer account for the specific purpose of carrying out transactions made using Your card. In the unlikely event of insolvency, funds that have reached Currencycloud‘s account are protected from claims by creditors. We will take all reasonable and necessary steps to recover any loss from You, and there shall be no maximum limit to Your liability except where relevant laws or regulations impose such a limit. This means You should take care of Your Card and details and act responsibly, or You will be held liable. 31.7. The UK Financial Services Compensation Scheme (FSCS) does not apply to Your Card. This does mean that in the unlikely event that Currencycloud became insolvent, any funds intended for but not currently held by them on Your Card may become unusable and any funds intended to be associated with Your Card may be lost. By using Your Card and by entering into this Agreement You are indicating that You understand and accept these risks. 31.8. We will not be liable for: (a) any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents us from providing the usual service; (b) any person refusing to accept or honour (or delays in accepting or honouring) your card, card number or PIN, or (c) any cash dispenser failing to issue cash. We will not be liable for the way in which you are told about any refusal or delay. ## 32. Termination of this Agreement 32.1. You may terminate the Services and the Terms by contacting our member services. 32.2. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms. 32.3. You can close your account, and so end the agreement, at any time by letting us know. You should do this through the Incard Dashboard. You will still have to pay any charges you've run up to that point. When you tell us you want to close your account we will give you the opportunity to withdraw the money we hold for you (we call this redemption). If you want us to send you money in a different currency than the currency we're holding for you, we will convert the currency using the rate that applies at the time, and take our usual fee, before sending the money to you. 32.4. Without prejudice to any rights that have accrued under these Terms, or any party’s other rights or remedies, we or you may at any time terminate these Terms with immediate effect by giving written notice to the other if: (a) the other party commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so; (b) the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms; (c) the other party is subject to a bankruptcy, insolvency, winding up or other similar event; and/or (d) if we or a fraud prevention agency determine that you pose a fraud or money laundering risk; (e) the result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from these Terms. 32.5. Without prejudice to any rights that have accrued under these Terms or any of the party’s rights or remedies, we may at any time terminate these Terms with immediate effect by giving written notice to you if: (a) there is a change of Control of you or you dispose of a substantial part of your assets; (b) we are unable to verify your information in the manner set out in these Terms; (c) you are an individual and you die or you are a partnership and your partnership ends; (d) we have reason to believe that your business and/or use of the Services: damages, corrupts, degrades, destroys and/or otherwise adversely affects the Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you; (e) there is a material change in the type of business activities you carry out; (f) there is a significant fluctuation (either positive or negative) in the aggregate number of Incard Transactions you enter into or the average Monthly Top Up Volume; (g) you have acted or omitted to act in any way which we reasonably determine to diminish our or the Incard Card Issuer’s business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or (h) we are unable to provide the Services to you through the inability of any third party to provide us with any good and/or service that we require to provide the Services to you. (i) You act in a demonstrably threatening or offensive manner towards our employees or one of our representatives; (j) You do not pay any fees and charges incurred or do not rectify a balance deficit on Your card within one month. 32.6. Other actions we may take. If you have breached the terms of these Terms (including a breach of your obligation to pay us any amount owing) or we are otherwise entitled to terminate these Terms, we may: (a) suspend your use of the Services in which case we will not treat any order for an Incard Transaction that you may wish to make as being received by us; (b) report any Incard Transaction or any other relevant information about you and your use of the Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or (c) if appropriate, seek damages from you. 32.7. Upon termination of these terms in accordance with clause 37 (Changes to this Agreement) and this clause 32 (Termination): (a) your Incard Account will be closed; (b) you and your Incard Platform Users’ licences to access the Incard Platform will be revoked. 32.8. If these terms are terminated, the Currencycloud Terms and TPML Terms will automatically be terminated. 32.9. Upon the termination of the Agreement, You will be refunded all funds available on your Incard Account free of charge, and subject to the following conditions. Please inform our Customer Service Department, in accordance with Clause 26, as to how You would like us to manage the unused funds available on Your Incard Account. We will, with Currencycloud‘s approval, arrange for a transfer to be made to the bank account from which You initiated the depositing of funds, or which You have designated as the account owner for this purpose. We, or Currencycloud, will not allow Your request for the refunding of Your funds to be executed if we reasonably believe that You have provided false information (personal details), we are concerned about the security of a transaction (use for money laundering, terrorist financing, fraud or other illegal activity) or if Your Incard Account has no balance. 32.10. If You request the redemption of the entire remaining balance, we will assume that You wish to terminate this Agreement and cancel Your card. 32.11. If You wish to terminate the Agreement but have not activated the card or used the card for any payment transaction or purchase, You must return the Physical card (if issued) in this condition to Us unless You can prove to Us that You have rendered the card unusable. If You wish to cancel the Agreement and have already activated the card or used it for payment transactions or purchases, You must prove to us that You have rendered the card unusable. 32.12. If, for any reason, You still have available funds following the termination of Your Agreement, You may arrange for them to be redeemed in full during a period of up to 6 years. 12 months after the termination of Your Agreement, and if funds are still available, We will notify You one month in advance regarding the calculation of an administration fee for expired cards for the administration of funds in accordance with Clause 43. The funds available on your Incard Account will be used to settle this fee. ## 33. Notice 33.1. You agree and consent to electronic receipt of all notices and communications that we provide. We will normally provide notices and communication to you through sending a message. We may also communicate with you via post to the addresses, via email to the email addresses, via SMS and phone call to the mobile phone numbers and via phone to the landline numbers provided to Incard, as same are updated from time to time. The contract and any communication between you and us will be in English. 33.2. It is your responsibility to ensure that you: (a) log onto the Incard Platform regularly; (b) regularly review the Incard Platform, the Website, registered email address and SMSs and open and review communications that we deliver through those means; (c) ensure that contact information stored on the Incard Platform is up to date. 33.3. We on behalf of ourselves, Currencycloud and TPML shall contact you via your mobile phone, the details of which are contained on the Incard Platform, in the event of suspected fraud or security threats, unless we suspect that your mobile phone has been the subject of a security breach in which case we shall contact you by another method that we reasonably believe to be secure. 33.4. Any notice or communication shall be deemed to have been received: (a) if delivered in person, on signature of a delivery receipt or at the time the notice is left at the proper address; (b) if sent by post, at the time of delivery; (c) if sent by next Working Day delivery service at the time recorded by the delivery service; and (d) if sent via the Incard Platform including the member support function, SMS, email or phone call, at the time of transmission. ## 34. Your Personal Information 34.1. Incard uses your data to provide our services to you. 34.2. Each of the parties to these Terms will comply with all applicable requirements of the Data Protection Legislation. For the purposes of these Terms, “Personal Data” and “Data Controller” shall have the meaning given by the Data Protection Legislation. We will protect it in accordance with the Data Protection Act 2018 (DPA 2018). 34.3. When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences. 34.4. When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. 34.5. The processing of your data is governed by these Terms including our Privacy Policy. (a) We act as Data Controller with respect to Personal Data relating to: (b) You, if you are an individual or a partnership; or (c) your beneficial owners, directors, partners, LLP members if you are a legal entity; This Personal Data which we hold as Data Controller shall be referred to as “Incard Personal Data”. 34.7. Currencycloud acts as Data Controller with respect to Personal Data shared with them for the purpose of issuing and storing Electronic Money. You may contact them through: (a) 34.8. We set out in our Privacy Policy how we handle Incard Personal Data. 34.9. You may utilise third party services that connect directly to your Incard Account pursuant to these Terms, the Currencycloud’s Terms and the TPML Terms. When you provide your account details to those third parties, you remain liable for all activity under your Incard Account and take full responsibility for ensuring that you have appropriate agreements in place with that third party in relation to transfer of data including Personal Data. 34.10. We may transfer Your personal data to a location outside the UK where it is necessary for the provision of our services, such as customer support, account administration or reconciliation, or as a result of Your request, including processing an international transaction. If We transfer personal data outside the UK, We will take steps to ensure that Your data enjoys a level of protection that is, to a significant extent, comparable with that level of protection afforded for data which is processed within the UK. Please note that not all countries have statutory provisions in place governing the protection of personal data, which are comparable to those of the UK. In order to guarantee said protection, We conclude appropriate Agreements with our suppliers and service providers. Before using our products and services, You will have the opportunity to consent to the processing of Your personal data outside the UK. Please note: We cannot provide You with Our services without this consent. 34.11. We reserve the right to transmit the information or Personal Data about you as well as activity in your Incard E-Money Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated. 34.12. Among other things, You have the right to request details of the personal data stored about You, and to restrict or revoke the processing of such data. You may exercise these rights by contacting us in writing or in electronic form in accordance with Clause 26. Where permitted by law, we may charge a fee for this service. ## 35. Confidentiality 35.1. The provisions of this clause shall not apply to any Confidential Information that: (a) is or becomes generally available to the public (other than as a result of its disclosure by the Incard or its Representatives in breach of this clause); (b) was available to Incard on a non-confidential basis before disclosure by Incard; (c) was, is or becomes available to Incard on a non-confidential basis from a person who, to Incard’s knowledge, is not bound by a confidentiality agreement or is otherwise prohibited from disclosing the information to Incard; or (d) the parties agree in writing is not confidential or may be disclosed; or (e) is developed by or for the receiving party independently of the information disclosed by the disclosing party. 35.2. Incard shall keep your Confidential Information confidential and shall not: (a) use such Confidential Information except for the purpose of exercising or performing its rights and obligations under or in connection with this agreement (the “Permitted Purpose”); or (b) disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause 35. 35.3. Incard may disclose your Confidential Information to its Representatives who need to know such Confidential Information for the Permitted Purpose and to its Partners for the purpose of improving its or its Partners business processes, provided that: (a) it informs such Representatives and/or Partners of the confidential nature of the Confidential Information before disclosure; and (b) it procures that its Representatives and/or Partners shall, in relation to any Confidential Information disclosed to them, comply with obligations which are similar to those set out in this clause; and (c) at all times, it is liable for the failure of any Representatives or Partners to comply with the obligations set out in this clause 35. 35.4. Incard may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction. 35.5. On termination of this agreement, Incard shall keep your Confidential Information safe and shall not be under an obligation to return Confidential Information to you or delete the Confidential Information it holds unless required to do so by law. 35.6. The provisions of this clause 35 shall continue to apply after termination of this agreement. ## 36. Intellectual Property 36.1. We own all the intellectual property in our products (for example, the content in the Incard Dashboard and on our website, and our logo and card designs). You must not use our intellectual property as your own. 36.2. We own all intellectual property in our products, including but not limited to any content in the Incard website, mobile app, card designs, dashboards, scripts. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Incard’s intellectual property includes all logos related to the Services. You may not copy, imitate or use Incard’s intellectual property rights without prior written consent. 36.3. We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and are free to use them as we see fit. 36.4. Nothing in these Terms grants you any legal rights in the Incard Platform, the and/or the Website, other than as set out in these Terms. You agree not to adjust or try to circumvent or delete any notices contained on the Incard Platform (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Incard Platform. ## 37. Changes to the Agreement 37.1. Subject to the remaining provisions of this clause 37, this contract may be changed by us at any time for legal, regulatory, economic or security reasons, in order to enable the correct offer of the card system or to improve it, or for any other reason. 37.2. If any changes are made they will be published on Our Website at least 2 months before the changes take effect (unless the law requires or permits Us to make a more immediate change or in the event of a change to the exchange rate). Copies of the most up-to-date version of the Agreement will be made available on Our Website at all times and will be sent to You by email upon request free of charge at any point during the Agreement. If You do not accept the change, You may invoke the extraordinary termination of this Agreement free-of-charge before the expiry of said deadline. 37.3. We may need to amend this Agreement without notice or with less than 2 months notice. However, this would only take place on a very rare basis and exclusively for legal, regulatory or security reasons, or for the purpose of providing the card system in a compliant manner. In such a case, we will inform You of the changes made with as much advance notice as possible or, if that is not possible, as soon as the changes take effect. In this case You have the right to terminate the Agreement retroactively within one month after notification. ## 38. Law and Courts 38.1. This Agreement, along with any relationship between you and us arising out of or in connection with this Agreement, shall be governed by Lithuanian law. Any disputes arising out of or in connection with this Agreement shall fall within the exclusive jurisdiction of the Lithuanian courts. ## 39. Assignment 39.1. If you do not meet your payment obligations mentioned in these terms and conditions even after 2 reminders, we may assign the corresponding claim to a debt collection agency. 39.2. In addition to that we may assign rights and obligations under this Agreement to another company at any time. We will inform You thereof 2 months in advance. Your rights stemming from this Agreement remain unaffected in this case. If You refuse the assignment within the 2 months, You may invoke the extraordinary termination of this Agreement and apply for a free-of-charge refund of Your available funds in accordance with Clause 32.8. 39.3. You will indicate agreement to the assignment by the continued use of the card following the 2 months’ notice period. ## 40. Severability Clause If any term or provision of this Agreement is found to be unlawful or unenforceable, in whole or in part, pursuant to any law (or corresponding principle), said term or provision (or part thereof) shall not be deemed part of the Agreement to that extent, without prejudice to the validity and enforceability of the remainder of the Agreement. In such a case, the contracting parties shall undertake, taking into account the principle of good faith, to replace the invalid term or provision with a valid term or provision, which comes as close as possible to the meaning and purpose of the invalid term or provision, and which can be assumed to have been agreed by the parties at the time of conclusion of the Agreement, had they known or been able to foresee its invalidity or nullity. ## 41. Limits on Your Incard Account 41.1. We reserve the right to impose at our sole discretion Account Limits based on criteria determined by us that do not have to be disclosed. Account Limits might be imposed upon the following: (a) the maximum balance of each Incard E-Money Account; (b) the amount of a single Faster Payment, SWIFT, SEPA, CHAPS and BACS credit you can receive into a Incard E-Money Account; (c) the amount of a single Faster Payment, SWIFT, SEPA, BACS, international payment or direct debit you can make out of a Incard E-Money Account; (d) the total amount of Faster Payments, international payments and direct debits you can make out of your Incard E-Money Accounts in each calendar month; (e) the amount of Electronic Money Exchanges you can enter into, per transaction and per month; (f) the amount of Incard Card Transactions that can be entered into by the Incard Cardholders per month; (g) the amount of Incard Card Transactions that can be entered into by each Incard Cardholder per day; (h) the amount of Cash Deposits that can be made per deposit and per month; (i) the amount of ATM Withdrawals that can be entered into by each Incard Cardholder (j) and each Incard Account in a given day. 41.2. The Account Limits are not fixed. If you would like to find out more information about your Account Limits and whether or not your Account Limits can be increased or decreased, please get in touch via the customer support on the Incard Platform - we may be able to provide you with procedures or methods to vary such Account Limits, for example, by you providing us with supplemental information. ## Schedule 1 ### Definitions **“Agreement”** means these terms and conditions. **“Applicable Law”** means (i) any law, regulation or generally accepted practices or guidelines in the relevant jurisdictions applicable to the Parties from time to time (ii) the operating rules, regulations and guidelines and technical standards promulgated from time to time by any organization which apply in respect of the Authorised Products (including, without limitation, any Network); and (iii) Sanctions; **"ATM"** means automatic teller machine or cashpoint facility or cash dispenser means an Incard Cardholder using his/her Incard Card and PIN to redeem Electronic Money from your Incard E-Money Account and obtaining the equivalent amount of cash from an ATM with or without an Electronic Money Exchange taking place; **“Available Funds”** means at any given time any unspent funds loaded onto Your Card which are available to pay for transactions and fees and charges payable under this Agreement. **“Beneficiary”** means the person that you wish to send money to. **“Beneficiary Bank Account”** means the account of the Beneficiary where you wish to send money, be it a bank account, electronic money account or otherwise. **“Business Day”** means any day between and including Monday to Friday, between 9am and 5pm (UK time) except for bank or public holidays in England and Wales. **“Incard” or “VISA Platinum® Card”** means a Physical or Virtual electronic money card issued by TPML which allows Incard Cardholders to enter into Incard Card Transactions pursuant to the TPML Terms.which is produced by us with the authorisation of TPML and sent to You. **“Confidential Information”** means all information, data, practices and techniques relating to a Party, or a related body corporate, customers, competitors, business, operations, strategies, computer systems, marketing systems and intellectual property or other property of which the other party becomes aware in negotiating or performing this Agent Agreement, the terms of this Agent Agreement and arranging the Authorised Products under this Agent Agreement. **“Contactless”** means a payment feature that provides You with a way to pay by tapping the Card on a point–of–sale terminal reader for transactions of up to a specified limit. **"Corporate Cards Terms And Conditions"** means the terms and conditions related to the corporate cards provided by TPML and it constitutes the agreement between TPML and You. **“Currencycloud”** means Currency Cloud B.V., a company incorporated in the Netherlands under company registration number 72186178 and whose registered office is at Nieuwezijds Voorburgwal 296-298, 1012 RT, Amsterdam, the Netherlands and is registered and authorised by De Nederlandsche Bank **“Currency Cloud Terms”** means the Currency Cloud terms of use which can be found [here](https://go.currencycloud.com/hubfs/Product/Legal/Currencycloud-Terms-UK-Agent.pdf). **“Currency Cloud Services”** means Currencycloud’s cross border payment and currency conversion services, including the Currencyloud BV Service, Currency Cloud Inc. Service and the Currency Cloud Limited Service. **“Currency Cloud BV Service”** means the payment and currency conversion service provided by Currency Cloud BV that enables you to store, convert and pay-out funds via international payments. **“Currency Cloud Inc. Service”** means the payment facilitation service provided by Currency Cloud Inc. that enables you to settle U.S. Dollar funds held in the United States directly to the Customers’ respective accounts with Currencycloud in U.S. Dollars. The Currency Cloud Inc. Service may be provided by the Bank, to which Currency Cloud Inc. is a service provider. **“Currency Cloud Limited Service”** means the payment and currency conversion service provided by Currency Cloud Limited that enables Customers to store, convert and pay-out funds via international payments. **“Electronic Money”** means electronically stored value as represented by a claim against Currencycloud (where the currency of the Electronic Money is GBP). **“Electronic Money Exchange”** means using Electronic Money in one currency to purchase Electronic Money in another currency using our standard exchange rate. **“Eligible Transactions”** means both the receipt of money by Currencycloud on behalf of Incard via Faster Payments, CHAPS and SWIFT and the corresponding issuance of Electronic Money into one of your Incard E-Money Accounts and the redemption of Electronic Money in one of your Incard E-Money Accounts and sending the corresponding money out via Faster Payments. **“EMD Agent”** has the meaning set out in the Electronic Money Regulations 2011 (UK). **“Expiry Date”** means the date printed on Your Card which is the date Your Card will cease to work. **“Fee”** means any fee payable by You to us in respect of this Agreement. **“Incard” or “VISA Platinum® Card”** means a Physical or Virtual electronic money card issued by TPML which allows Incard Cardholders to enter into Incard Card Transactions pursuant to the TPML Terms. **“Incard Card Issuer”** means TPML. **“Incard Card Purchase”** means an Incard Cardholder using his/her Incard Card to purchase goods and/or services from a merchant whereby the Electronic Money in the associated Incard EUR E-Money Account is redeemed and the equivalent amount of money is sent to the relevant merchant, through the card schemes, with or without an Electronic Money Exchange taking place, pursuant to the TPML Terms. **“Incard Card Transaction”** means an Incard Card Purchase, an ATM Withdrawal and a Cash Deposit pursuant to the TPML Terms. **“Incard Cardholder”** means a person who has been issued with an Incard Card from the Incard Card Issuer and is able to enter into Incard Card Transactions. **“Incard E-Money Accounts”** means both your Incard GBP E-Money Account. **“Incard Payment”** means the payment and currency conversion service provided by Currency Cloud that enables you to receive, convert and pay-out funds via domestic and international payments. **“Incard Starter Subscription Fees”**, **“Incard Premium Subscription Fees”** and **“Incard Elite Subscription Fees”** means the monthly Fees payable by Incard Starter Businesses, Incard Premium Businesses, Incard Elite Businesses respectively for the Incard Starter service, the Incard Premium service and the Incard Elite service. **“Incard Starter Business”**, **“Incard Premium Business”**, **“Incard Elite Business”** means you, if you avail of respectively the Incard Starter service, the Incard Premium service or the Incard Elite service. **“Incard Transactions”** means both Incard Platform Transactions and Incard Card Transactions. **“KYC”** means Know Your Customer and defines a process by which customer identification verification is carried out to allow features and functions on Your card. **“Mobile App”** means Incard’s mobile application which gives Incard Platform Users the ability to access the Incard Platform. **“Monthly Top Up Volume”** means the total amount of money Currencycloud receives on your behalf during the course of a month, measured in GBP. Money Incard receives on your behalf which is not GBP shall be converted to GBP using our standard exchange rate for the purposes of calculating the Monthly Top Up Volume. **“Partner”** means any of Incard’s business partners including TPML, Currencycloud and any other third-party providers which are associated with your Incard Account. **“Payment Services”** has the meaning set out in the Payment Services Regulations 2017 (UK). **“Payments”** means Currencycloud Payments. **“PIN”** means Your unique personal identification number which is provided to You for use with Your Card. **“PSD 2”** means the Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC and shall include any subsidiary legislation, codes, notices and guidelines promulgated in relation there to and as amended from time to time; **“We”, “Us”, “Our” or “Incard”** means INCARD EUROPE LIMITED, a company incorporated in Malta with company number C98684 and whose registered office is at Level 5, St Julian's Business Centre Elia Zammit Street, ST. JULIANS, Malta, Your contractor (We are the agent of Currency Cloud B.V); **“Restricted Country”** means a country that is sanctioned or high risk or that Incard otherwise does not accept as a country you can send money to, spend money in or receive money from, further details of which can be found on the following weblink: **“SEPA”** means a SEPA payment for cross-border Euro bank transfers. **“SEPA Region”** means the Single European Payments Area which consists of, at the time of drafting these Terms, all the member states of the European Union, Iceland, Liechtenstein, Norway, Switzerland, Andorra, Monaco and San Marino. **“Service providers”** means the third parties providing services (includes but not limit to the services which maintain a segregation bank accounts for you, App / website, and others service you want) to Incard for the service mentioned in the Agreement. **“SWIFT”** means SWIFT payments which are the type of international transfer sent using the Society for Worldwide Interbank Financial Telecommunications. **“Terms”** means these terms and conditions, the Website Terms, the Cookie Policy, the Privacy Policy and the Website Acceptable Use Policy. “**TPML”** means Transact Payments Malta Limited, the issuer of card for your account and is regulated by the Malta Financial Service Authority (“MFSA”) with the MBR registration code of C91879 and the Authorised Person ID of TPML. **“TPML Terms”** means the TPML terms of use which can be found [here](https://www.incard.co/legal). **“You” or “Your”** refers to the cardholder or a person/employee of a company who has received the card and authorised to use the card as provided under the terms of this Agreement. **“Service providers”** means the third parties providing services (includes but not limited to the services which maintain a segregation bank accounts for you, App / website, and others service you want) to Incard for the service mentioned in the Agreement. **“Data Protection Legislation”** means all applicable data protection and privacy legislation in force from time to time in the UK includingThe Data Protection Act 2018 (the “DPA 2018”, the United Kingdom General Data Protection Regulation (the “UK GDPR”) and The Privacy and Electronic Communications Regulations (“PECR”). **“Unique Identifiers”** means the details of a bank account or electronic money account which it is essential that: 1. Incard Platform Users enter correctly in order execute a Payment correctly, further details of which are set out in clause 11.4; and 2. third parties enter correctly in order to send money to your Incard E-Money Accounts. **“Website”** means our general website, the web address of which is [www.incard.co](http://www.incard.co). **“Website Acceptable Use Policy”** means the website acceptable usage policy which can be found on our Website. **“Website Terms”** means the terms and conditions regarding the use of our Website which can be found on our Website. **“Working Day”** means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. **“You” or “Your”** refers to the cardholder or a person/employee of a company who has received the card and authorised to use the card as provided under the terms of this Agreement. # Card Terms Last Update: 23 July 2026 **DEBIT CORPORATE OWNED FUNDS CARD** **TERMS AND CONDITIONS OF USE** These terms and conditions of use (“**Terms**”), and the provisions of the schedule (“**Schedule**”), in relation to the use of the Incard Visa debit Card (collectively the “**Agreement**”). This Agreement is between **You** and **Incard Ltd** (“**Incard**”). Incard Ltd issues Cards to eligible UK and Swiss business account holders as a Visa Principal Member, pursuant to its licence from Visa Europe Limited. This Agreement applies only to business account holders established in the United Kingdom or Switzerland. You will be asked to confirm Your acceptance of this Agreement when You apply for Cards via the Corporate Account Platform. If You refuse to accept this Agreement then We will not be able to complete Your order for Cards. The Agreement will be governed by the Terms and Schedule in force as displayed on the Mobile Application and the Corporate Account Platform. Please read the Terms and Schedule carefully and retain a copy for future reference. ### 1. Definitions and Interpretation **Account**: The electronic money account provided by Incard Ltd. Incard Ltd is authorised by the Financial Conduct Authority as an Authorised Electronic Money Institution (Firm Reference Number: 1027309). Incard Ltd is authorised to issue electronic money and provide payment services in the United Kingdom. **Applicable Law** means any applicable law, statute, statutory instrument, act, regulation, rule, order, supervisory guidance, policy, instruction, or requirement stipulated by a Regulatory Authority. It also includes Card Scheme rules relating to the Cards or services provided under this Agreement. **Business Day** means Monday to Friday, 9am to 5pm UK time, excluding bank and public holidays in the United Kingdom. **Card** means each physical or virtual debit card, as set out in the Schedule, issued to You by Us pursuant to licence by the Card Scheme, with an underlying Account holding the balance of the Card in the Denominated Currency. References to the Card include all Card details, Security Details and PINs. **Card Scheme** has the meaning defined in the Schedule. **Card Services** means any services provided by Us, Program Manager or any third-party service providers in connection with a Card. **Card User** means an individual to whom a Card is supplied and who is validly authorised by You to use and to utilise funds held in the Account via a Card subject to this Agreement and on Your behalf. **Contract Holder** means You, the corporate entity which, subject to its Corporate Account Platform agreement, owns the available funds that can be used by the Card User and to whom the Cards are issued. **Corporate Account Platform** means Program Manager’s online platform where Cards can be ordered. Use of the Corporate Account Platform is regulated by an agreement entered into between the Contract Holder and Program Manager. **Customer Services** means the department in charge of providing customer support for the Card as further indicated in the Schedule. **Denominated Currency** has the meaning given to it in the Schedule. **Insolvency Event**: occurs, with respect to any party, in the event of 1. that party passing a resolution, or a court making an order, that that party be wound up (except for the purposes of a bona fide, solvent reconstruction or amalgamation); 2. an order being made for the appointment of an administrator in relation to that party or a receiver, administrative receiver or manager being appointed over all or any part of that party's assets or undertaking; 3. that party being unable to pay its debts within the meaning of section 123 of the UK Insolvency Act 1986; 4. there being proposed in respect of that party any voluntary arrangement under section 1 of the UK Insolvency Act 1986 or any compromise or arrangement under Part 26 of the UK Companies Act 2006; or 5. any circumstances occurring that are the equivalent of (a) to (d) above under the legislation and related case law and practice applicable to that party (where (a) to (d) above do not apply for any reason to that party). **Personal Data** means any registered personal identity details relating to the use of the Card including (but not limited to) an individual’s: 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](https://legal.incard.co/privacy-policy/privacy-policy). **PIN or PIN Code** means the personal identification number used to access certain Card services, provided to the Card User. **Program** means the issuance, marketing, sale, processing, administration, supervision, maintenance, servicing, authorisation or usage of the Cards and any other payment services established in accordance with this Agreement. **Program Manager** means Incard Ltd. **Regulatory Authority** means any Card Scheme, regulator, or agency with jurisdiction over Incard or the Program. **Security Details** means certain information, including personal information, given by You on behalf of the Card User when applying for the Card and as notified to Program Manager by You from time to time. **Transaction** means Your use of the Card to (i) make a payment, or a purchase of goods or services from a Merchant over the internet, by phone or mail order or (ii) withdraw cash from an ATM or bank, where permitted. **Website/Mobile App** means the website indicated in the Schedule, where Card Users may perform certain operations in relation to their Card such as activation, viewing Transactions, blocking and unblocking and raising queries with Customer Services in relation to use of the Card. ### **2. Purpose of the Card** 1. The Card, whether physical or virtual, is a debit card featuring immediate debit of funds from the Account and systematic authorisation. The Card allows Card Users to access available funds that have previously been credited to the Account. The Card is not a credit card and all use is limited to the amount held in the Account and any other limits referred to in this Agreement. 2. The Card is issued by Us at the Contract Holder’s request and upon acceptance of said request to Program Manager via the Corporate Account Platform. Physical Cards will be sent directly to You or the Card Users (as directed by You) as per the address specified on the Card order request completed on the Corporate Account Platform. 3. The Card can be used worldwide wherever You see the Card Scheme symbol displayed online, and also at Automatic Teller Machines (“ATMs”) and at merchants, including shops and restaurants who accept the Card Scheme (subject to local laws and regulations in the country of use), providing there are sufficient funds available in the Account for the Transaction, including any applicable fees (subject to local laws and regulations in the country of use). 4. The Card remains at all times Our property and must be returned to Us or destroyed upon Our request. Use of the Card is personal to You and the Card Users. You cannot assign Your rights under this Agreement, and the Card User is strictly prohibited from transferring or giving the Card to any third party or from allowing any third party to use the Card. The authorisation for You and/or Card Users to use the Card may be revoked at any time, in accordance with clause 10 below. 5. The Contract Holder shall be liable for all acts and omissions of Card Users purported to be carried out pursuant to the activities anticipated by this Agreement. The Contract Holder warrants, represents and undertakes that it shall ensure that all Card Users are made aware of the content of this Agreement and understand the obligations regarding the use of the Card. 6. The Contract Holder must provide Incard with documentation and information needed to verify its business status. ### **3. Use of Card** 1. **Activation and General Use of the Card** 1. The Card cannot be used unless it has been activated within the notified time by the Card User. An activation procedure will be provided with each physical Card. You must know, and ensure that Card Users know, and follow the steps required to activate the physical Card and the instructions must be followed. You shall only supply the Card to the Card User and You shall be responsible for ensuring that each Card User complies with this Agreement where applicable. 2. The Card is only for use by the Card User and expires on the date on the front of the Card. The Card cannot be used after it has expired. 3. The amount relating to each Transaction and any associated fees will be deducted from the balance on the Account. 4. When using the Card at certain merchants, including hotels, restaurants and petrol stations, the merchant may hold an additional amount to cover tips/gratuities, temporarily reducing the balance available on the Card. 5. We do not recommend using the Card as: (i) a guarantee of payment, for example as a deposit for hotels, cruise lines or car rental, as merchants such as these may estimate the final bill and this amount will be temporarily unavailable to access or spend or as (ii) an arrangement for periodic billing as any debits as a result of such arrangements will be considered to have been authorised by You. 6. We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals and online purchases picked up in person. 7. You agree to accept a credit to the Account if a Card User is entitled to a refund for any reason for goods or services purchased using the Card. 8. We are not responsible for ensuring that ATMs and point of sale terminals (“POS”) will accept the physical Card. 9. Strictly for physical Cards, certain POS, particularly those situated in moveable property such as trains and ships, and certain static payment terminal machine such as in car parking lots, and toll ways are not connected in real time to the Card Scheme approval. We accept no responsibility, and shall not be liable for, any inability of Card Users to use their Cards in such POS or machines. 10. You must comply with all laws and regulations (including any foreign exchange controls) in respect of the Card, in the country of purchase and/or use. Cards cannot be used for any illegal purpose or to purchase or access the following: 1. money transfer transactions – 4829; 2. financial institutions - manual cash disbursement transactions – 6010; 3. quasi cash transactions – 6051; 4. security broker/dealer transactions – 6211; 5. payment service provider money transfer transactions – 6531; 6. POI funding transactions – 6540; 7. dating or escort services transactions – 7273; 8. government owned lottery transactions – 7800; 9. government licensed casinos (online gambling) transactions – 7801; 10. government licensed horse/dog racing transactions – 7802; 11. betting, wagering, lottery, gambling tickets or chips transactions – 7995; 12. government-owned lottery transactions (non-U.S. region) – 9406; 13. money transfer - member financial institutions – 6534; 14. moneysend intracountry transactions – 6536; 15. moneysend intercountry transactions – 6537; 16. Mastercard moneysend funding transactions – 6538; and 17. any illegal purposes. 11. Issuance of a Card to you allows you access to various exclusive services (“Platinum Services”). You can find out more about the Platinum Services available to you on the Website and/or Mobile App. 2. **Available funds** 1. The Card User should check that sufficient funds are available on the Account prior to attempting to make any Card Transaction to avoid disappointment or embarrassment if the Card is declined. 2. If there are insufficient funds in the Account to pay for a Transaction the Card may be declined or the retailer may allow payment of the balance by some other means. 3. The Card can only be used if the Account has a positive balance. 4. Strictly for physical Cards, payments made on some machines, such as automatic fuel dispensers, generate a pre-authorisation to reserve an amount that may be greater than the payment requested. In this case, the request for pre-authorisation of the greater amount may result in denial of the Transaction and the associated payment. For services offered by these machines Card Users should ensure the Account has adequate funds to meet the amount required by the pre-authorisation. 5. The Card User may obtain certain information concerning the Card and recent Transactions via the Website, contacting Customer Services by telephone (available twenty-four (24) hours a day). 3. **Temporary blocking of the Card** 1. The Card User and/or Contract Holder may request to have the Card temporarily blocked by contacting Customer Services. 2. You and/or the Card User may request that the Card be unblocked at any time via the Corporate Platform or the Website (as applicable), using the information and according to the procedures set out in the Schedule. 3. Applying for a Card to be temporarily blocked shall not satisfy the obligation of the Card User or Contract Holder to inform Program Manager of the suspected or actual loss, theft, misuse or fraudulent use of the Card or of the related data. 4. If We block or suspend a Card, Program Manager shall notify You and/or the Card User by e-mail, if possible, prior to blocking or suspending the Card, and at the latest, immediately after, unless We reasonably believe that providing such information would constitute a security risk or We are not permitted to provide such information by any applicable law. The Card User and/or Card Holder can at any time request that the block be removed from their Card by contacting Customer Services at the contact details specified in the Schedule, but the discretion to unblock the Card or resume provision of Our services will be at Our discretion. 4. **Card Renewal:** Any Card renewal, if applicable, shall be subject to the Schedule. 5. **Refund:** Goods or services paid for with the Card cannot be refunded by a retailer unless there was a prior Card Transaction debited from the Account by that retailer of an equal or higher amount than the refund requested. If the Card User and retailer agree a refund, the retailer may process the refund via a POS terminal. Amounts credited to the Account via the Retailer as refunds shall be available no more than 3 (three) days after the time the refund order was received. If an amount is credited to the Card that does not correspond to a refund, We reserve the right to terminate the agreement. ### **4. Card Limits and Fees** 1. Card limits are dynamically configured for each business account. You may request your current limits from Customer Services. 2. Fees and limits may apply to Transactions. We will provide applicable fees and limits on request. 3. Each time the Card User uses the Card, the value of the Transaction plus any applicable fees is debited from the Account. A Transaction may be declined if available funds are insufficient. ### **5. Card Security** 1. Card Users must sign the back of the physical Card as soon as they receive it. 2. You should treat the Card like cash. If it is lost or stolen, you may lose some or all of your money on your Card, in the same way as if you lost cash. 3. You must keep the Card, Security Details and PIN (as applicable) safe by taking appropriate measures, including, but not limited to, the following: 1. never allowing anyone else to use the Card or sharing the PIN or Security Details with anyone; 2. not carrying the PIN with the Card or recording the PIN where it may be accessed by other people; 3. not interfering with any magnetic stripe or integrated circuit on the Card; 4. complying with any reasonable instructions We give about keeping the Card and the PIN safe and secure; 5. using only secure internet sites for making Card Transactions online; 6. choosing strong passwords that mix alpha and numeric characters when managing the Account online; 7. checking ATMs for signs of tampering, e.g. false fronts, before use; 8. shredding any personal information or Security Details relating to the Card that could be used by an identity thief; and 9. reporting thefts of any Security Details relating to the Card to any relevant organisations to warn them of any potential attempts to commit identity fraud in Your name. 4. You shall never be required to provide Your PIN by telephone or on the internet in order to pay for goods or services or carry out a Transaction. If anyone asks You to reveal a PIN, the request should be refused and reported to Customer Services. 5. The PIN may be disabled if an incorrect PIN is entered three (3) times at all ATMs and/or POS terminals. If the PIN is disabled, please contact Customer Services to reactivate the PIN. There may be a twenty-four (24) hour delay in reactivating Your PIN. 6. You undertake, represent and warrant to Us that the Transactions that the Card User will undertake using the Card do not contravene any applicable law and that You and the Card User shall at all times comply with all applicable laws in relation to the performance of Your obligations under this Agreement. 7. The Card User shall obtain a receipt for every Transaction undertaken with the Card. The Card User must retain their receipts to verify their Transactions. 8. Card Users shall not under any circumstances send their active Card to Us or any third party, by post or any other unsecure delivery method. 9. Information sent over the internet may not be completely secure. The internet and the online systems are not controlled or owned by us so We cannot guarantee that they will be secure and function at all times and We accept no liability for unavailability or interruption. ### **6. Authorising Transactions** 1. You will need to give your consent to each Transaction by, where applicable, a) using your PIN or other security code personal to you; b) providing the Card details and/or providing any other details personal to you and/or your Card. Once you have given such consent to the Transaction, it will be deemed to be authorised. 2. 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. 3. Once a Transaction has been authorised by you, it cannot be revoked and the time of receipt of a Transaction order is when it is received by our processing partner. 4. Your ability to use or access the Card may occasionally be interrupted, for example if Program Manager or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using your Card or Account and these will be resolved as soon as possible. ### **7. Loss, theft and misuse of cards** 1. If the Card is lost, stolen, misused or is likely to be misused by a third party or You or the Card User suspect that someone else may know the related PIN or Security Details or has carried out an unauthorised Transaction, You must stop using the Card and notify Customer Services directly as soon as possible on becoming aware of such loss, theft, misappropriation or unauthorised use of the Card. The Card shall be suspended to avoid further losses upon Your notification to Customer Services in accordance with this clause. 2. We may also suspend a Card with or without notice if We suspect that the Card, PIN or any other Card-related security details have been, or are likely to be, misused, if any Transactions are deemed to be suspicious and/or are identified as being fraudulent, if We have reason to believe that You have broken an important condition of these Terms or that You have repeatedly broken any term or condition and have failed to remedy it, or if We suspect illegal use of the Card. 3. You and/or the Card User will be required to confirm details of the loss, theft or misuse to Program Manager in writing. 4. You and/or the Card User may be required to assist Us, Program Manager, Our representatives or the police if the Card is stolen or We suspect the Card is being misused. 5. Replacement Cards will be sent to the most recent address you have provided and may be subject to a fee as set out in the Schedule. 6. If any reported lost Card is subsequently found it must not be used unless You contact Customer Services first and obtain approval. ### **8. Our Liability to You** 1. We will not be liable to You in respect of any losses You or the Card User may suffer in connection with or arising from the Card, except where such losses are due to a breach by us of this Agreement or due to Our negligence. In addition, We will not be liable for disputes concerning the quality of goods or services purchased from any merchant that accepted a Card or for any additional fees charged by the operator of POS or ATM terminals (e.g. when You are offered dynamic currency conversion at a point of sale). In particular, We will not be liable for any loss due to: (i) any failure due to events outside Our reasonable control; (ii) any system failure or industrial dispute outside Our control; (iii) any ATM or retailer refusing to or being unable to accept the Card; (iv) the way in which any refusal to accept the Card is communicated to You; (v) any infringement by You of any currency laws; (vi) Our taking any action required by any government, federal or state law or regulation or court order; or (vii) anything specifically excluded or limited elsewhere in this Agreement. 2. Unless otherwise required by law, we shall not be liable for any direct or indirect loss or damage you may suffer as a result of your total or partial use or inability to use your Card, or the use of your Card by any third party (including any fraudulent or unauthorised Transactions and subsequent unsuccessful chargebacks). 3. You agree to indemnify Us against any and all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We directly or indirectly incur or which are brought against Us if You have acted fraudulently, been negligent or have misused the Card or any of the services which We provide to You. 4. The above exclusions and limitations set out in this paragraph shall apply to any liability of Program Manager or our affiliates such as the Scheme, and other suppliers, contractors, representatives and any of their respective affiliates (each a "**Protected Party**") (if any), to you, which may arise in connection with this Agreement. This clause 8.4, and the exclusions and limitations set out in this paragraph, are intended to operate to benefit any and all such Protected Parties and to be enforceable by each Protected Party, in accordance with the Contracts (Rights of Third Parties) Act 1999. This clause 8.4 may be amended by agreement between you and us without obtaining the consent or agreement of any Protected Party. ### **9. Terminating this agreement** 1. This agreement shall continue in force until termination of Your Corporate Account Platform agreement with Program Manager or unless otherwise terminated in accordance with this clause 9 or clauses 10 and 13.3. 2. The Agreement may be terminated at any time by the Contract Holder by sending 30 days' written notice to Customer Services or by Us, or Program Manager for Us, sending 30 days’ written notice to You. 3. A cancellation fee may be deducted from the available funds on the Card in accordance with the Schedule. 4. Once your physical 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. ### **10. Causes for Termination** 1. We reserve the right, at any time and without prior notice, at Our discretion to terminate the Agreement, to block or suspend use of the Card, restrict its functionality and/or to demand the return of the Card if any of the following circumstances arise: 1. The Card was not activated within the notified activation period; 2. We reasonably suspect the security of the Card has been compromised in any way; 3. We cannot provide the Account or Card services; or 4. we are required to do so under Applicable Law or where we believe that continued use of the Card may be in breach of Applicable Law; 5. in the event You, the Card User or any third party engage in any actual or attempted fraudulent activity or We reasonably suspect You or the Card User to have done so; 6. we believe that your continued use of the Card may damage our reputation; 7. we believe that your use of the Card may result in harm to us or our systems; 8. 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; 9. you haven’t given us information we need or we believe that any of the information that you have provided to us is incorrect or false; 10. you do not access your Account for 3 (three) years; 11. we cannot process your Transactions due to the actions of third parties; 12. you have breached this Agreement; 13. in case of non-payment of any annual or other applicable fees, as set out in the Schedule; or 14. You suffer an Insolvency Event or You cease or threaten to cease to carry on Your business. 2. As per clause 3.3, We shall remove the block on the Card as soon as practicable after We are satisfied, acting reasonably, that the reasons for blocking or suspending it no longer exist. If the circumstances for blocking or suspending the Card continue for 1 month, We may terminate the Agreement instead. 3. Any termination or expiry of the Agreement, howsoever caused, shall be without prejudice to any obligations or rights of either of the parties which may be accrued prior to termination or expiry and shall not affect any provision of the Agreement which is expressly or by implication intended to come into effect on, or to continue in effect after, such termination or expiry. 4. The Contract Holder will be responsible for ensuring that all Cards Users have been notified of termination of the Agreement. ### **11. Penalties** 1. In addition to such actions constituting a break of the provisions of this Agreement, any illegal or fraudulent use of the Card by You or the Card User, or with knowledge, may be reported to the Police or any other relevant regulatory authority. 2. You shall be liable to Us for all losses, fees and other expenditure incurred by Us in relation to the recovery, cancellation or reversing of Transactions resulting from the misuse of the Card by You or the Card User or where You break any important provision or repeatedly break any provision of this Agreement and fail to remedy it. ### **12. Confidentiality and Data Protection** 1. Incard collects information about the Contract Holder and Card Users to operate the Card program. Providing and processing Personal Data is necessary to perform this Agreement. If You do not provide requested Personal Data, We may terminate this Agreement under clause 10. 2. 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](https://legal.incard.co/privacy-policy/privacy-policy) which is provided to you at the time we collect your Personal Data. ### **13. Variations of Agreement** 1. We may, at Our discretion, alter this Agreement at any time. 2. We shall instruct Program Manager to give You 15 (fifteen) days’ prior notice by email before We make the change, unless the change is required to be implemented earlier by any applicable law, regulation or rule by Card Scheme, or if it relates to a change in the exchange rate. The version of this Agreement displayed on the Website and Corporate Account Platform at any time shall constitute the binding version and shall render any previous one obsolete. You understand that the Website and the Corporate Account Platform should regularly be checked. 3. If You do not agree to the change You should terminate the Agreement in accordance with the provisions of this Agreement. If You do not do so We will assume that You agree to the change and it will be implemented upon the expiry of the notice period. ### **14. Guarantee** 1. Program Manager will at any time replace a Card reported as being defective. The defective product must be returned to Program Manager in that condition by registered post. Postage costs will be reimbursed by adding them to Your Account if the product is proven to be defective after being inspected by Program Manager’s technicians. 2. If Our inspection of a returned Card reported by You or the Card User as being defective shows this to be incorrect then the Card shall be returned to You or the Card User and We may apply administrative fees to the Account, which will be deducted from the available funds in accordance with the Schedule. ### **15. Exclusions** 1. The above guarantee is not applicable if: 1. the Card is used in a manner which breaks any important term or repeatedly breaks any term of this Agreement; or 2. you have not taken due care in relation to the storage and/or maintenance of the Card (including by avoiding extended exposure to direct sunlight, exposure to water or high humidity and repeated contact with metal objects such as keys). ### **16. General** 1. Nothing in this Agreement will confer on any third party any benefit under, or the right to enforce this Agreement. 2. We may assign any of Our rights and obligations under this Agreement to any other person or business, subject to such party continuing the obligations to You herein. 3. We may contact You by letter or email using the contact details You provide on the Corporate Account Platform. ### **17. Complaints** 1. The Card program is managed by Program Manager. Should you wish to contact us or complain about any aspect of our service please contact Customer Services. 2. We will make every effort to resolve your complaint. We will explain the reasons for our decision. 3. If We cannot resolve your complaint, You may refer it to the [Financial Ombudsman Service](https://www.financial-ombudsman.org.uk/). ### **18. Law** 1. This Agreement and any disputes arising under it are governed by the laws of England and Wales. ### **19. Jurisdiction** 1. You agree to the exclusive jurisdiction of the courts of England and Wales. ### **20. Language** 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. ### **21. The Card Issuer and the Service Provider of the Card** 1. Your Card is issued by Incard Ltd as a Visa Principal Member, pursuant to its licence from Visa Europe Limited. 2. Incard administers and provides the Card. Incard provides customer support and carries out due diligence on You. *** ## **SCHEDULE — INCARD CORPORATE OWNED DEBIT CARD** This schedule (“**Schedule**”), together with the Incard Visa Card Terms and Conditions (“**Terms**”) govern the use of your Card. Both the Schedule and the Terms are referred to as the **Agreement**. Your Card is a physical/virtual Card. You will be asked to confirm Your acceptance of this Agreement when you apply for Cards via the Corporate Account Platform. If you refuse to accept this Agreement, We will not be able to complete your order for Cards. Unless specifically stated otherwise, words and expressions in this Schedule have the same meaning and interpretation as defined in the Terms. **Definitions** **Card Scheme:** Visa; Visa is a registered trademark of Visa International **Denominated Currency**: GBP **Permitted countries in which the Card can be issued**: United Kingdom and Switzerland **Website**: [www.incard.co](http://www.incard.co) **Mobile App:** Incard, available on the Apple App Store. **Customer Services:** The Customer Service Department can be contacted via the below channels: * in-App chat (preferred method) * By e-mail: [support@incard.co](mailto:support@spendesk.com) * By mail: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ * On the Website chat: [www.incard.co](http://www.incard.co) * Via phone number: +44 20 33 18 11 01 ### **1. Information to be provided in order to activate the Card** The Card user must activate the Card as soon as it is received by following the instructions detailed on the information documents accompanying the Card. The Card User’s PIN code will be communicated to the Card User at the end of the activation process via the Website/Mobile App in the card management screen. ### **2. Card Limits** Card limits are dynamically configured for each business account. You may request your current limits from Customer Services. ### **3. Your Card Charges** All payments made using Your Card shall be in the Denominated Currency. If the Card is used to pay for goods and services in a different currency to the Denominated Currency, the amount payable shall be converted at the VISA conversion rate. 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. **Our full fee schedule is available on our Website:** [**Link**](/fee-schedule/business-fees-free) *** # Business Fees - Free Free-plan allowances and pricing Start with the essentials for running your business. Upgrade or add extras as you grow. ## Free plan ### Subscription #### Monthly fee **£0 per month** ### Business banking #### Multi-currency IBANs **3 included** Hold funds in GBP, EUR, and USD. Additional IBANs cost **£12 per month** each. #### Payments **100 local payments included** Additional local payments cost **£0.30** each. International payments cost at least **£5** for SHA.\ OUR payments cost **£20**. You can use SWIFT, SEPA, ACH, and Faster Payments.\ Bulk, recurring, scheduled, and Incard-to-Incard payments are included. #### Safeguarded funds Your funds are safeguarded. ### Global payments and FX #### FX allowance **£5,000 per month at the interbank rate** Above this allowance, FX costs **0.6%** during market hours.\ FX costs **1%** outside market hours. #### International payments Send money in more than 30 currencies. Forward contracts cost **0.8%** during market hours.\ They cost **1%** outside market hours. #### Card payment FX Card payment FX costs **1.8%**. ### Cards and cashback #### Included cards * **5 plastic cards** * **1 metal card** * **10 virtual cards** Additional virtual cards cost **£2 per card, per month**. #### Cashback Cashback is uncapped on eligible debit card spending. * Advertising, recurring software, and travel: **1%** * All other eligible spending: **0.5%** #### Card features Cards work in more than 150 currencies.\ ATM withdrawals are supported. Domestic ATM withdrawals cost **2%**.\ International ATM withdrawals cost **2.5%**. Auto-matched receipts and Visa perks are included.\ Apple Pay and Google Pay are coming soon. ### Team and permissions #### Users **5 users included** Additional users cost **£12 per user, per month**. Role-based access, approval rules, smart notifications, and multi-company accounts are included. ### Included platform features The Free plan includes: * Accounting tools, including bank feeds and export templates. * Spend insights, smart alerts, and sales trend insights. * Bank, commerce, payout, and accounting integrations. * In-app chat and email support. * Mobile app, partner perks, and app integrations. #### Chargebacks Chargebacks cost **£25** each. {% hint style="info" %} Pricing and plan features can change. Check [Incard pricing](https://www.incard.com/pricing) for the latest details. {% endhint %} # Business Fees - Incard Plus Incard Plus plan pricing and features Get custom cashback, capital, and controls for your business. ## Incard Plus plan ### Subscription #### Monthly fee **From £199 per month** Pay yearly from **£169 per month**. ### Business banking #### Multi-currency IBANs **From 20 included** Hold funds in GBP, EUR, and USD. Your allowance is tailored to your business.\ Additional IBANs cost **£12 per month** each. #### Safeguarded funds Your funds are safeguarded. #### Payments Local and international payment allowances are custom. Additional local payments cost **£0.30** each.\ International SHA payments cost at least **£5** outside your allowance. OUR payments cost **£20**. You can use SWIFT, SEPA, ACH, and Faster Payments.\ Bulk, recurring, scheduled, and Incard-to-Incard payments are included. Payment requests and savings accounts are coming soon. ### Global payments and FX #### FX allowance **From £25,000 per month at the interbank rate** Above this allowance, FX costs **0.6%** during market hours.\ FX costs **1%** outside market hours. #### International payments Send money in more than 30 currencies. Forward contracts cost **0.8%** during market hours.\ They cost **1%** outside market hours. #### Card payment FX Card payment FX costs **1.5%**. ### Cards and cashback #### Included cards **From 50 cards included** Your card mix is tailored to your business.\ Add unlimited cards as needed. Additional virtual cards cost **£2 per card, per month**. #### Cashback **From 1.5% cashback on eligible debit-card spend** Cashback rates are tailored to your business.\ Cashback is uncapped on eligible spending. #### Card features Cards work in more than 150 currencies.\ ATM withdrawals are supported. Domestic ATM withdrawals cost **2%**.\ International ATM withdrawals cost **2.5%**. Auto-matched receipts and Visa perks are included.\ Apple Pay and Google Pay are coming soon. ### Team and permissions #### Users **From 20 users included** Add-ons are available for extra users.\ Additional users cost **£12 per user, per month**. Role-based access, approval rules, smart notifications, and multi-company accounts are included. Expense approvals and user activity logs are coming soon. ### Included platform features The Incard Plus plan includes: * Accounting tools, including bank feeds and export templates. * Spend insights, price intelligence, and management-level reporting. * Bank, commerce, payout, and accounting integrations. * In-app chat, email support, and a dedicated relationship manager. * Mobile app, partner perks, and app integrations. Priority Pass access and founder events are coming soon. #### Chargebacks Chargebacks cost **£25** each. {% hint style="info" %} Pricing and plan features can change. Check [Incard pricing](https://www.incard.com/pricing) for the latest details. {% endhint %} # Business Fees - Bespoke Bespoke plan pricing and features Build a custom Incard plan around your business needs. ## Bespoke plan ### Subscription #### Monthly fee **Custom** Contact sales for your bespoke plan. ### Business banking #### Multi-currency IBANs Your IBAN allowance is tailored to your business. Hold funds in GBP, EUR, and USD.\ Additional IBANs cost **£12 per month** each. #### Safeguarded funds Your funds are safeguarded. #### Payments Local and international payment allowances are tailored to your business. Additional local payments cost **£0.30** each.\ International SHA payments cost at least **£5** outside your allowance. OUR payments cost **£20**. You can use SWIFT, SEPA, ACH, and Faster Payments.\ Bulk, recurring, scheduled, and Incard-to-Incard payments are included. Payment requests and savings accounts are coming soon. ### Global payments and FX #### FX allowance Your interbank FX allowance is tailored to your business. Above this allowance, FX costs **0.6%** during market hours.\ FX costs **1%** outside market hours. #### International payments Send money in more than 30 currencies. Forward contracts cost **0.8%** during market hours.\ They cost **1%** outside market hours. #### Card payment FX Card payment FX costs **1.5%**. ### Cards and cashback #### Cards Your plastic, metal, and virtual card allowance is tailored to your business. Add unlimited cards as needed.\ Additional virtual cards cost **£2 per card, per month**. #### Cashback Cashback rates are tailored to your business.\ Cashback is uncapped on eligible debit-card spending. #### Card features Cards work in more than 150 currencies.\ ATM withdrawals are supported. Domestic ATM withdrawals cost **2%**.\ International ATM withdrawals cost **2.5%**. Auto-matched receipts and Visa perks are included.\ Apple Pay and Google Pay are coming soon. ### Team and permissions #### Users Your user allowance is tailored to your business. Additional users cost **£12 per user, per month**. Role-based access, approval rules, smart notifications, and multi-company accounts are included. Expense approvals and user activity logs are coming soon. ### Included platform features Your bespoke plan can include: * Accounting tools, including bank feeds and export templates. * Spend insights, price intelligence, and management-level reporting. * Bank, commerce, payout, and accounting integrations. * In-app chat, email support, and a dedicated relationship manager. * Mobile app, partner perks, and app integrations. Priority Pass access and founder events are coming soon. #### Chargebacks Chargebacks cost **£25** each. {% hint style="info" %} Pricing and plan features can change. Check [Incard pricing](https://www.incard.com/pricing) for the latest details. {% endhint %} # Privacy Policy Last Update: 28 February 2023 ## Privacy at Incard Hi, we are Incard, a financial hub for digital entrepreneurs. We are a technology company and we provide a platform through which customers may access a variety of financial products and services offered by our partners, licensed issuers and us. We want to build a long-lasting relationship based on trust with you, so we have prepared a clear and transparent document about how we use your personal information. Your privacy is important to us, your personal data belongs to you and you have the right to understand and control how it’s used. **We are committed to protecting and respecting your privacy**: * always keep your information safe and private; * never sell your information; and * allow you to manage and review marketing choices at any time. If you have any queries about this Privacy Policy or how we may collect, store or use your data, please contact us by email at ****. ## 1. Who We Are #### **Incard is your Data Controller** Incard is the Data Controller of your data, which means we’re responsible for your personal data processed in relation to your use of the products and services accessible via the Incard Platform. Incard is a group made up of different companies: * If your company is registered in the UK or you operate as a sole-trader business in the UK, you will be dealing with **INCARD LTD;** * If your company is registered in one of the EEA member countries or you operate as a sole-trader business in one of the EEA countries you will be dealing with **INCARD EUROPE LIMITED**. When you visit our website [www.incard.co](http://www.incard.co) and/or receive services via the Incard Platform we collect, process, use and are responsible for certain personal data about you. When we do so, * **INCARD LTD** is regulated under the applicable laws on the protection of personal data, privacy and electronic communications, including but not limited to The Data Protection Act 2018 (the “**DPA 2018**”, the United Kingdom General Data Protection Regulation (the “**UK GDPR**”) and The Privacy and Electronic Communications Regulations (“**PECR**”). * **INCARD EUROPE LIMITED** is regulated under the requirements of any applicable laws and legal acts of the Personal Data protection on the level of country where we operate as well as the General Data Protection Regulation of 27 April 2016 (“**EU GDPR**”). For the purposes of these laws we are responsible as a ‘**Data Controller**’ for the processing of your personal data. When using some of our services and products, like the Visa Card, Incard is an independent **Data Controller** and our Card Issuer is also an Independent **Data Controller** which means we process personal data solely for the purposes of providing you with the Incard Card issued by Transact Payments Limited or Transact Payments Malta Limited. #### Incard is also your Data Processor in some cases When using some of our services and products, like the Visa Card, Incard is a ‘**Data Processor**’ and our Card Issuer is a ‘**Data Controller**’ which means we process personal data solely for the purposes of providing you with the Incard Card issued by Transact Payments Limited. Also when we process personal data you provide to us that is related to other individuals (such as your employees or customers), we may be acting as a Data Processor. In this case Incard is a ‘**Data Processor**’ and you are a ‘**Data Controller**’, which means we process personal data solely for the purposes of providing you with our Incard Products and Services and based on your instructions. In particular, when you engage with Incard Products and Services, or those of our partners, Incard will likely be acting as a Data Processor of that data. Your personal data held in our database will be stored on the servers of our hosting service providers and the hosting services providers of our services providers. Incard Ltd is managing the hosting environment for incard iOS App and incard Web App and is hence a processor of the organisation which uses incard products. Incard engaged Amazon Web Services Inc. as sub-processor in order to provide certain cloud services. Its servers are located in [eu-west-2, Europe (London)](https://aws.amazon.com/about-aws/global-infrastructure/). ## 2. What Personal Information We Collect and How We Use It The types of personal data we collect may vary from person to person. It depends on the relationship we have with you, whether you are simply visiting our site or have an account with us and are using all of our features. ### 2.1 For visitors to Our Website #### What personal information we collect about you To improve and grow our business, including our website, and to understand our customer’s needs, desires and requirements, we or the third party on our behalf will collect the following information about you: * your first and last name; * your company and/or personal email address; * your company name; * general information about your interest in our products; * information provided when you correspond with us; * any updates to information provided to us; * personal information we collect about you or that we obtain from our third party sources. #### How we use your personal information We use the data collected from you to understand how customers and visitors to our website use the website and interact with it via data analysis. #### A word about cookies We may also receive Website, Device and Technical Information automatically from technologies such as cookies that are installed on our website. The information created and recorded automatically when you visit our Website (please refer to the definition of Automated decision making and the Cookie Policy). ### 2.2 For Customers and Users of Our Service #### What personal information we collect about you To open and operate your incard account, we, or third parties on our behalf, may collect and use any of the following: * Customer identity information: first and last name, username or similar identifier, title, date of birth, nationality, citizenship, name of the document, issuing country, number, expiration date, personal identification code, gender and identity verification data (selfie taken during the verification process); * Customer contact information: company and/or personal email address, telephone number, company name, company’s industry, trade details, billing address, document type (e.g. utility bill); * Personal information provided by the Customer: e.g. data from communications with us, feedback data, contact details provided to us; * Customer publicly available relevant data: e.g. information about being a politically exposed person (PEP) and checks in public sanction lists; * Customer account information: username, password, passcode; * Customer payment information: payer name, date of birth, address, banking and identity document details for transactions performed, beneficiary name, date of birth, address, banking and identity document details for transactions performed, reason for the payment; * Customer Card information: masked PAN, expiration date, CVC/CVV, PIN, card balance; * Customer marketing information: general information about interest in our products and services, information provided when corresponding with us, any updates to information provided to us; * Customer Website, Device and Technical Information (device signature): including but not limited to information about the date, time and activity in incard platform, IP address and domain name, software and hardware attributes as well as general geographic location (*e.g.* city, state, country); * Personal information provided by natural persons who have participated in our product and market research initiatives; * Evidence and records of legal basis (including consents), for example in cases where we are required or have elected to obtain a consent or a written release or another legal basis prior to Processing certain Personal Data; #### How we use your personal information We collect your personal information to: * To register you as a customer and complete our due diligence in accordance with regulatory requirements; * To manage our contract with you and to notify you of any changes; * To comply with audit and accounting matters; * For record keeping, in accordance with regulatory requirements; * To improve the platform and the services that we supply; * To recommend and send communications to you about services, and/or digital content that you may be interested in. More details about marketing are set out in the Schedule 1. #### Source of personal information We collect personal data from you when you: * Fill in any forms, such as customer onboarding web app; * Correspond with us; * Open and use the incard app; * Open an account or use any of our services; * Take part in online discussions, surveys or promotions; * Speak with a member of our customer support team (either on the phone, through the website or through the app); or * Contact us for other reasons. We also collect personal data from a number of different third parties, including our service partners (please referring to Schedule 2 - Data collect from and/or share to Parties). #### Information we need to provide Services to you We need certain types of personal information (please referring to Schedule 3 - Types of personal information) for the purpose of providing services to you and perform contractual and other legal and regulatory obligations that we have (please referring to Schedule 4 - Using personal information by legal reason(s)). If you do not provide us with such personal information, or if you ask us to delete it, you may no longer be able to access our services. ### 2.3 For Prospective Customers and People Who Contact Us with Enquiries #### What personal information we collect about you In order to improve and grow our business, including our website, and to understand our customer’s needs, desires and requirements, we or the third party on our behalf will collect the following information about you: * Your first and last name; * Your company and/or personal email address; * Your company name; * Your website or social media link; * Your job title; * Your company’s industry, trade details and regulated status; * General information about your interest in our products and Services; * Information provided when you correspond with us; * Any updates to information provided to us; * Evidence and records of legal basis (including consents), for example in cases where we are required or have elected to obtain a consent or a written release or another legal basis prior to Processing certain Personal Data; * Customer marketing information: general information about interest in our products and services, information provided when corresponding with us, any updates to information provided to us; * Customer Website, Device and Technical Information (device signature): including but not limited to information about the date, time and activity in incard platform, IP address and domain name, software and hardware attributes as well as general geographic location (*e.g.* city, state, country); #### How we use your personal information We collect your personal information to: * Register you interests in our services; * Identity Verification and pre-checks; * To pursue our (or a third party's) necessary legitimate interests, provided that this legitimate interest does not override your rights, freedoms or fundamental interests; * To perform a legal obligation by which we are bound; * For business development and marketing purposes, to contact you via email with information about our products and Services which either you request, or which we feel will be of interest to you (including newsletters). #### Source of personal information We collect personal data from you when you: * Fill in any forms; * Correspond with us; * Register to open an account with us; * Take part in online discussions, surveys or promotions; * Speak with a member of our customer support team (either on the phone, through the website or through the app); or * Contact us for other reasons. We also collect personal data from a number of different third parties, including our service partners (please referring to Schedule 2 - Data collect from and/or share to Parties). ### 2.4 For Our Suppliers and Employees of Our Suppliers Who Work for Us #### How we use your personal information We will collect, use and store the personal information mentioned in Schedule 3: * For the reason(s) mentioned in Schedule 4; and * When it is in the necessarily base that aims to provide our services to you. #### Source of personal information We collect and obtain your personal information from yourself, our partners and vendors, and third party sites. Depends on the relationship between you and us, we collect different kinds of your personal information as necessarily. For example, our website may contain links to third-party websites. If you click and follow those links, then these will take you to the third-party website. Those third-party websites may collect personal information from you and you will need to check their privacy notices to understand how your personal information is collected and used by them. #### Information we need to provide Services to you We need certain types of your personal information to provide a service to you, to fulfil the contractual, legal and legislative obligations that we have. If you do not provide us with the necessary information or you request to delete it, we cannot provide services to you and you may no longer to access the services. ## 3. Keeping your information up to date It is important that you keep your personal information up to date. If any of your personal information changes, please contact us as soon as possible to let us know. If you do not do this, then we may be prevented from supplying the services to you. We will use reasonable efforts to ensure that your personal data is accurate, complete and up-to-date. Please ensure you notify us without undue delay of any changes to the personal data that you have provided to us by updating your details on the Incard Platform or by contacting us in our in-app chat or at the details provided in this Privacy Policy. ## 4. We may share anonymised data Sometimes we may anonymise personal information so that you can no longer be identified from it and use this for our own purposes. In addition, sometimes we may use some of your personal information together with other people’s personal information to give us statistical information for our own purposes. Because this is grouped together with other personal information and you are not identifiable from that combined data we are able to use this. ## 5. We may transfer your personal data outside the UK and the EEA 1. If any transfer of personal information by us will mean that your personal information is transferred outside of the EEA, then we will ensure that safeguards are in place to ensure that a similar degree of protection is given to your personal information as is given to it within the EEA and that the transfer is made in compliance with data protection laws (including, where relevant, any exceptions to the general rules on transferring personal information outside of the EEA that are available to us – these are known as ‘derogations’ under data protection laws). We may need to transfer personal information outside of the EEA to other organisations within our group or to the third parties listed in Schedule 2 who may be located outside of the EEA. 2. The list of entities to whom we share anonymised data may include: 1. Other companies in our Group (who may might act as joint data controllers or as data processors on our behalf) and who provide the services related to the contract between us and used for reporting. 2. Third parties who are not part of our Group. These may include: 1. Suppliers: such as IT support services, payment providers, administration providers, marketing agencies, search engines who are based in the UK or EEA; 2. Government bodies and regulatory bodies: such as HMRC, fraud prevention agencies, FCA, DNB who are based in the UK or EEA; 3. Our advisors: such as lawyers, accountants, auditors, insurance companies who are based in the UK or EEA; 4. Our bankers who are based in the UK or EEA; 5. Credit Reference Agencies who are based in the UK or EEA; 6. Email platforms who are based in the UK or EEA. 7. any organisations that propose to purchase our business and assets, in which case we may disclose your personal information to the potential purchaser. 3. Depending on the circumstances, the organisations or people who we share your personal information with will be acting as either Data Processors or Data Controllers. Where we share your personal information with a Data Processor, we will ensure that we have in place contracts that set out the responsibilities and obligations of us and them, including in respect of security of personal information. 4. We do not sell or trade any of the personal information that you have provided to us. 3. The safeguards set out in data protection laws for transferring personal information outside of the EEA include: 1. Where the transfer is to a country or territory that the EU Commission has approved as ensuring an adequate level of protection; 2. Where personal information is transferred to another organisation within our group, under an agreement covering this situation, which is known as 'binding corporate rules'; 3. Having in place a standard set of clauses that have been approved by the EU Commission; 4. Compliance with an approved code of conduct by a relevant data protection supervisory authority: 1. Information Commissioner’s Office (ICO) in the UK; 2. EU GDPR Enforcing agents in the EU. 5. Certification with an approved certification mechanism; 6. Where the EU Commission has approved specific arrangements in respect of certain countries, such as the US Privacy Shield, in relation to organisations that have signed up to it in the USA. ## 6. How we will retain and delete your personal data We retain your personal data for the duration of the business relationship. Once your account is closed, we retain your personal data for a period of five (5) years in accordance with our legal and regulatory obligations. We may retain personal data during this period for the following purposes: * To respond to enquiries or complaints and to demonstrate that we have treated you fairly * To establish, exercise, or defend legal claims * To comply with applicable legal and regulatory record-keeping obligations In limited circumstances, personal data may be retained for longer than five years where required by applicable law or regulatory obligations. Once the applicable retention period expires, personal data is securely deleted or irreversibly anonymised. Details of retention periods for different categories of data are set out in Schedule 3. ## 7. Your rights under data protection laws 1. Under data protection laws, you have certain rights in relation to your personal information, as follows: 1. **Right to request access**: (this is often called ‘subject access’). This is the right to obtain from us a copy of the personal information that we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used. 2. **Right to correction**: this is the right to request that any incorrect personal data is corrected and that any incomplete personal data is completed. 3. **Right to erasure**: (this is often called the 'right to be forgotten').This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase all of your personal information. 4. **Right to restrict processing**: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information. 5. **Right to data portability**: this right allows you to request us to transfer your personal information to someone else. 6. **Right to object**: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing personal information where our legal reason for doing so is the Legitimate Interests Reason (see Schedule 4) and there is something about your particular situation that means that you want to object to us processing your personal information. In certain circumstances, you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing). 2. In addition to the rights set out in point 1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent. Further details about this are set out in Schedule 3. 3. If you want to exercise any of the above rights in relation to your personal information, please contact us using the details set out at the beginning of this notice. If you do make a request, then please note: 1. we may need certain information from you so that we can verify your identity; 2. we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and 3. if your request is unfounded or excessive, then we may refuse to deal with your request. 4. For further data on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the GDPR rights or the Guidance from the European Data Protection Supervisor (EDPS) for your rights and EU GDPR. Alternatively, you may be advised to contact our DPO at . 5. Please note that your specific rights may vary depending on the country you are established in. ## 8. How do we protect your personal data? incard understands the importance of safeguarding and maintaining your personal information. We will treat any personal data we process with the greatest care and security. This section explains some of the safeguards we have in place. 1. To keep your personal data safe and prevent unauthorised access, use, or disclosure, we employ a range of physical and technical safeguards. Electronic data and databases are stored on secure computer systems, with physical and electronic access to information controlled. Our employees are trained in data protection and information security. When our employees handle your personal data, they must adhere to our rigorous security and data protection standards. 2. While we take all reasonable precautions to protect your personal data from unauthorised access, we cannot guarantee that it will be secure during transfer to our app, website, or other services by you. For all of our app, web, and payment-processing services, we employ HTTPS (HTTP Safe), where the communication protocol is secured by Transport Layer Security (TLS) for secure communication over networks. 3. Although we take all reasonable precautions to protect your personal data from unauthorised access, we cannot guarantee that it will be secure when transferred to our app, website or other services by you. For all our application, website and payment processing services, we use HTTPS (HTTP Safe), where the communication protocol is secured by Transport Layer Security (TLS) for secure communication over networks. 4. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, changed, shared or accessed in a way it shouldn’t be. We will employ adequate technical and organisational security measures to protect your personal data. These methods include: 1. The pseudonymisation and encryption of personal data, where possible. 2. Ensuring the ongoing confidentiality, integrity, availability and resilience of processing systems and services via role-based access controls, confidentiality undertakings of our staff, etc. 3. The ability to restore the availability and access to personal data quickly in the event of or technical incident. 4. A process for regularly testing, assessing and evaluating the effectiveness of our technical and organisational measures. 5. We will also limit access to your personal data to employees, agents, contractors and other third parties who have a strict need to see it in order to perform their business functions. They will only process your personal data on a ‘need-to-know’ basis, pursuant to our instructions and they will keep your personal data confidential. 6. We have put in place procedures to deal with any suspected personal data breach and will let you and any applicable regulator know of a breach when we have to by law. ## **9. How to contact us and How to complain?** 1. incard has appointed a specified person as the data protection officer (“**the DPO**”) who you can contact at or at INCARD LTD, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. 2. You also have the right to complain to the regulator. The supervisory authority in the UK is the Information Commissioner’s Office (ICO). You can find out how to report a concern on their website – . 3. In European Union, you can contact the EDPS to report the concern – 4. The supervisory authorities in the EEA are: 1. The European Data Protection Board (EDPB) 2. The European Data Protection Supervisor (EDPS) that is the European Union’s (EU) independent data protection authority 3. EU national data protection authorities (“EU GDPR Enforcing agents”) - ## 10. Our Key Partners 1. **The Currency Cloud Limited (and its subsidiaries) and Transact Payments Limited (TPL) and Transact Payments Malta Limited (TPML) are also data controllers:** 1. In addition to the above ways in which we process and share your personal data, Incard also shares this data with companies who are central in allowing us to offer our products and services to customers. 2. The Currency Cloud Limited (and its subsidiaries) becomes Data Controller in relation to your personal data shared with them for the purpose of issuing and storing Electronic Money. This means that if you would like to exercise any of the rights afforded to you by the personal data protection laws applicable to your case, these companies must be contacted separately from Incard. 3. TPL and TPML are independent Data Controllers in relation to your personal data shared with them for the purpose of issuing a Debit Card(s) and the usage of it. This means that if you would like to exercise any of the rights afforded to you by the personal data protection laws applicable to your case, these companies must be contacted separately from Incard. 2. **Who is The Currency Cloud Limited and why they handle my data** The Currency Cloud Limited, also known as ‘CurrencyCloud’ is a global payment platform. CurrencyCloud is authorised by the FCA under the Electronic Money Regulations 2011 (register reference 900199) for the issuing of Electronic Money. The e-Money into your Incard account(s) is issued by CurrencyCloud and its subsidiaries (subject to the Jurisdiction that your account established in). CurrencyCloud is a Data Controller in relation to the issuing and storing of the Electronic Money. The processing of your personal data is necessary for the performance of your contract for the issue and operation of account and is necessary for compliance with legal and regulatory obligations applicable to Currencycloud. You should read the Terms and Conditions of Currencycloud before using our services. For information regarding how Currencycloud process personal data, please see their [Privacy Notice](https://www.currencycloud.com/legal/privacy/). You may contact them through **.** 1. **Who are TPL and TPML and why they handle my data** Transact Payments Limited is an e-money institution, authorised and regulated by the Gibraltar Financial Services Commission. Transact Payments Malta Limited is an e-money institution, authorised and regulated by the Malta Financial Services Authority. Your Debit Card(s) is issued by TPL if you are resident in the United Kingdom. Your Debit Card(s) is issued by TPML if you are resident in the European Economic Area. TPL/TPML (as the case may be) is an independent Data Controller in relation to the issuing and usage of the Debit Card(s). The processing of your personal data is necessary for the performance of your contract for the issue and operation of the account and is necessary for compliance with legal and regulatory obligations applicable to TPL/TPML. You must read and accept the TPL/TPML Cardholder Terms and Conditions before using our services. For information regarding how TPL/TPML processes personal data, please see their Privacy Policy which is provided to you when you sign up for a Debit Card. You may contact them through . ## 11. How to withdraw your consent or Opt-out of Processing? You can withdraw your consent to our processing of your data at any time. Please contact us if you want to do so at . This will only affect the way we use data when our basis for processing your data is your consent. See the section ‘Your Rights’ and more specifically your right to restricting use of your data. You may also opt out of some forms of data processing we are conducting, such as: * Marketing, including email, phone and SMS marketing. * Social media and targeted marketing, including retargeting and curated audiences. * Non-essential cookie collection on Our Website. You may be unable to opt out of ‘necessary’ cookies as discussed above. * Non-essential profiling and automated decision-making, including those activities undertaken for marketing purposes. If you withdraw your consent and/or opt-out, we may not be able to provide certain products or services to you. If this is so, we will tell you. You then have the option to give us your consent again if you want to access our products or services. ## Schedule 1 - Key Definitions **Data Protection Laws**: the Data Protection Act 2018 (UK) and the General Data Protection Regulation ((EU) 2016/679) (the GDPR) and such other laws as may be applicable from time to time, including any replacements. **GDPR**: the General Data Protection Regulation ((EU) 2016/679). **Data Controller**: under UK data protection law, this is the organisation or person responsible for deciding how personal information is collected and stored and how it is used. **Data Processor**: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller. (This might be the hosting of a site containing personal data, for example, or providing an email-marketing service that facilitates mass distribution of marketing material to a Data Controller’s customer base.) **Personal Information**: in this privacy notice, we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living individual can be identified. It does not apply to information that has been anonymised. **Special Information**: certain very sensitive personal information requires extra protection under data protection law. Sensitive data includes information relating to health, racial and ethnic origin, political opinions, religious and similar beliefs, trade union membership, sex life and sexual orientation and also includes genetic information and biometric information. **Automated Decision Making:** A decision is automatically made without any human involvement. Under data protection laws, this includes profiling. ‘Profiling’ is the automated processing of personal data to evaluate or analyse certain personal aspects of a person (such as their behaviour, characteristics, interests and preferences). Data protection laws place restrictions upon us if we carry out any automated decision making (including profiling) that produces a legal effect or similarly significant effect on you. We do not carry out any automated decision making (including profiling) that produces a legal effect or similarly significant effect on you. If we do decide to do this then we will notify you and we will inform you of the legal reason we are able to do this. **Marketing:** You may receive marketing from us about similar goods and services, where either you have consented to this, or we have another legal reason by which we can contact you for marketing purposes. However, we will give you the opportunity to manage how or if we market to you. In any email that we send to you, we provide a link to either unsubscribe or opt out, or to change your marketing preferences. If you have an account with us, you can login to your account and manage your preferences there too. To change your marketing preferences, and/or to request that we stop processing your personal information for marketing purposes, you can always contact us on the details set out at the beginning of this notice. If you do request that we stop marketing to you, this will not prevent us from sending communications to you that are not to do with marketing (for example in relation to services that you have purchased from us). We do not pass your personal information on to any third parties for marketing purposes. ## Schedule 2 - Data collect from and/or share to Parties Depending on the circumstances, the organisations or people who we share your personal information with will be acting as either Data Processors or Data Controllers. When we share your personal information with a Data Processor, we will ensure that we have in place contracts that set out the responsibilities and obligations of us and them, including in respect of security of personal information. We do not sell or trade any of the personal information that you have provided to us. The list of Parties we collect data from and/or share to (1)
Type of Third PartyDescriptionCollectShare
Member of the incard GroupOur affiliated companies and subsidiaries✓✓
Card IssuerProviding the Visa Card service✓✓
Payment Processing Partners and VendorsFinancial services providers, including card issuers, payment processors and banking partners to facilitate payment transactions. These third parties may be part of Open Banking, which means they may be able to send information they hold about your account and transactions to us (based on your consent).✓✓
Support tools and operational partnersThese include analytics, search engine service providers, customer experience support platforms to optimise and improve our services, as well as subcontractors we may use to supplement our customer support resources.x✓
Hosting and IT Service ProviderIT vendors, including cloud storage providers, to securely store your personal data.x✓
Incard Card Manufacturers and Delivery ProvidersCard manufacturing, personalisation and delivery companies.x✓
Identity and other information verification providersWe work with third parties to verify the information you provide to us, for example your identity and address.✓✓
Social networks and other online platforms providersSocial media sites, for the purposes of conducting market research, marketing campaigns, targeted and retargeted marketing and understanding the success of our marketing activities.
These social media sites may check if you hold an account with them and, based on the characteristics they have about you, provide targeted advertising to you (for example, to show you tailored advertisements on their social media platforms, depending on your potential interest in Incard Products and Services).		✓✓
Public Data SourcesCompanies House, LinkedIn and other public data sources.✓x
Marketing, Business Development and Sales PartnersThird parties that help us generate sales and marketing leads, and create and deliver our marketing activities.✓✓
Insurers and Professional Advisorsx✓
Data Services Third PartiesSuch as data analytics and insight firms, for example to test the quality of our data, to improve the effectiveness of our crime prevention controls, etc.x✓
Government and regulatory organisationsGovernment, law enforcement agencies, authorities and regulatory bodies when Incard has to comply with its legal obligations.x✓
## Schedule 3 - Types of personal information The types of personal information we collect about you may differ from person to person, depending on who you are and the relationship between us. We do not collect information from you relating to criminal convictions or offences. Where we rely on consent for a specific purpose as the legal reason for processing your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out in this notice. If we receive a request from you withdrawing your consent to a specific purpose, we will stop processing your personal information for that purpose, unless we have another legal reason for processing your personal information – in which case, we will confirm that reason to you. Under data protection laws, we can only use your personal information for the purposes we have told you about, unless we consider that the new purpose is compatible with the purpose(s) we told you about. If we want to use your personal information for a different purpose that we do not think is compatible with the purpose(s) we told you about, then we will contact you to explain this and what legal reason is in place to allow us to do this. General personal information | General Category | Types of Personal Data in that category | Retention Periods | | ----------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------- | | Identity information | This is information relating to your identity such as your name (including any previous names and any titles that you use), gender, marital status and date of birth | At least five years from the date terminated the services save that involve any suspicious activities. | | Contact information | This is information relating to your contact details such as email address, addresses, telephone numbers | At least five years from the date terminated the services save that involve any suspicious activities. | | Account information | This is information relating to your account with us (including username and password) | It is no longer than 1 years after termination of the service, save that it is involved in any suspicious activities. | | Payment information | This is information relating to the methods by which you provide payment to us such as \[bank account details, credit or debit card details] and details of any payments (including amounts and dates) that are made between us | At least five years from the last of the transactions save that it is involved in any suspicious activities. | | Transaction information | This is information relating to transactions between us such as details of the goods, services and/or digital content provided to you and any returns details | At least five years from the last of the transactions save that it is involved in any suspicious activities. | | Survey information | This is information that we have collected from you or that you have provided to us in respect of surveys and feedback | It is no longer 2 years after the survey was completed. | | Marketing information | This is information relating to your marketing and communications preferences | It is no longer than 1 years after termination. | | Website, Device and Technical Information | This is information about your use of our website and technical data which we collect (including your IP address, the type of browser you are using and the version, the operating system you are using, details about the time zone and location settings on the device and other information we receive about your device) | At least five years from the date terminated the services or from the last of the transactions saved that involve any suspicious activities. | Special Information | Type of Special Information | Retention Periods | Data used by | | ---------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | Race, Ethnic origin, Politics, Religion, Trade union membership, Genetics, Health, Sex life, Sexual orientation. | N/A |

List given for information only.
Neither incard nor any of its partners collect this type of data.

| | “Biometric identifiers” or “Biometric information” processed solely to identify a human being. | When the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within 3 years of the individual’s last interaction with Veriff’s Clients, whichever occurs first. | Veriff LTD is the third party vendor providing verification service to the Users on behalf of Incard Limited and Incard Europe Limited. Incard Limited and Incard Europe Limited have the liability to supervise Veriff LTD to ensure their data collection, processing and security procedures and controls compliance with the applicable laws and regulations. Please refer to Veriff’s Privacy Policy: . | ## Schedule 4 - Using personal information by legal reason(s) We have explained below the different purposes for which we use your personal information and, in each case, the legal reason(s) allowing us to use your personal information. Please also note the following: 1. if we use the Legitimate Interests Reason as the legal reason for which we can use your personal information, we have also explained what that legitimate interest is; and 2. for some of the purposes, we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal data for that purpose, please contact us using the contact details set out at the start of this privacy notice. Legal reasons to use personal information | Purpose | Legal Reason(s) for using the personal information | | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------- | | To enrol you as a customer |

Contract Reason
Legitimate Interests Reason (in order to offer you services and/or digital content which helps us to develop our business)

| | To process your order, which includes taking payment from you, advising you of any updates in relation to your order or any enforcement action against you to recover payment |

Contract Reason
Legitimate Interests Reason (in order to recover money that you owe us)

| | To manage our contract with you and to notify you of any changes |

Contract Reason
Legal Obligation Reason

| | To comply with audit and accounting matters | Legal Obligation Reason | | For record keeping, including in relation to any guarantees or warranties provided as part of the sale of services and/or digital content |

Contract Reason
Legal Obligation Reason

| | To improve the services, and/or digital content that we supply | Legitimate Interests Reason (in order to improve the goods, services, and/or digital content for future customers and to grow our business) | | To recommend and send communications to you about services, and/or digital content that you may be interested in. |

Legitimate Interests Reason (in order to grow our business)
Consent Reason

| | To ensure the smooth running and correct operation of our website [www.incard.co](http://www.incard.co) | Legitimate Interests Reason (to ensure our website runs correctly) | | To understand how customers and visitors to our website use the website and interact with it via data analysis | Legitimate Interests Reason (to improve and grow our business, including our website, and to understand our customer’s needs, desires and requirements) | # Cookie Policy Last Update: 29 May 2026 Our Cookie Policy explains what cookies are, how we use them on our website, the types of cookies we use, and your choices regarding cookies. By using our website, you consent to the use of cookies in accordance with this policy. You can manage your cookie preferences at any time through the cookie consent banner. **What are Cookies?** A cookie is a small text file that is placed on your device when you visit our website. Cookies help us provide a better user experience, understand how our website is used, and improve our services. **How We Use Cookies** We use cookies to make our website work properly and to improve your experience. **Necessary cookies** are essential for the basic functionality of the website and are always active. **Other cookies** (Functional, Analytics, Performance, and Advertising) are only used with your prior consent. You can customise your preferences or reject non-essential cookies at any time via the cookie consent banner. Disabling some cookies may affect your browsing experience. **Types of Cookies We Use** We categorise cookies into the following groups: **1. Necessary Cookies** Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data. → These cookies are **Always Active**. **2. Functional Cookies** Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features. **3. Analytics Cookies** Analytics cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc. **4. Performance Cookies** Performance cookies are used to understand and analyse the key performance indexes of the website which helps in delivering a better user experience for the visitors. **5. Advertising Cookies** Advertisement cookies are used to provide visitors with customised advertisements based on the pages you visited previously and to analyse the effectiveness of the ad campaigns. **6. Uncategorised Cookies** These are cookies that are being analysed and have not yet been classified into a category. **Third-Party Cookies** We may also use third-party cookies from services. These cookies are governed by the respective third parties’ privacy policies. **Managing Your Cookie Preferences** You can manage your cookie preferences at any time by clicking on the cookie settings link in the footer or through the cookie consent banner that appears on your first visit. You can also set your web browser to refuse cookies, delete cookies, or alert you when cookies are being sent. Please note that disabling certain cookies may impact your experience on our website. **More Information** For more information about cookies, you can visit: * [AboutCookies.org](https://www.aboutcookies.org) * [AllAboutCookies.org](https://www.allaboutcookies.org) * [Network Advertising Initiative](https://www.networkadvertising.org) # Complaints policy ## Give us feedback If you would like to give us feedback, you can get in touch with us via chat at Incard or if you already have an account with us, please log in at [app.incard.co](http://app.incard.co) to chat with a Customer Service Executive. Just make sure to include your name and the name of your company ## How to raise a complaint We’re sorry you’re unhappy with your incard experience. At incard, we aim to provide full and satisfactory responses in the shortest possible time to all our customers. We are your first port of call for any queries or concerns, including complaints. We will handle these complaints in line with our complaints process. In case you feel disappointed with our service and want to make a complaint, you can: * **Send us a message directly in the app.** Please clarify that this is about a complaint. * **Email us** at * **Fill** the [Complaint Form](https://notionforms.io/forms/bd6a189c-4bd2-4dcb-aca8-41c5a0475792) * **Write to us.** Complaints can be posted to: Incard Ltd, Hamilton House, 1 Temple Avenue, London EC4Y 0HA, United Kingdom. Please include your full name, email and company name. If you have screenshots that support the problem you are experiencing, please add them with a brief description of what happened. ## Once you’ve made a complaint *The process for complaints about your payment cards is explained at the end of this page.* We will acknowledge receipt of your complaint **within 24 hours**. Our team aims to resolve complaints as quickly as possible, ideally within 3 working days. Typically, complaints are resolved **within 15 working days**. **However, in exceptional circumstances, it may take up to 35 working days**. If this happens, we will contact you on or before the 15th working day to update you on the status of your complaint. Our team will provide the outcome of our investigations and the reasons for our decision in written form. Please note that we can only explain the reasons for our decision if this is allowed by the authorities and/or the regulators. The authorities and/or the regulators may request you to provide information which includes but is not limited to: * Your identity and contact details; * An indication of whether you are a natural or a legal person; * An indication of whether or not you are a payment service user; * The identity of Incard that has given rise to the complaint of the concern related to the relevant laws or regulations; * A description of the situation that gave rise to you of the concern; and * Other information/documents requested by them. ### Regulatory information Incard Ltd is authorised by the Financial Conduct Authority as an Authorised Electronic Money Institution (Firm Reference Number: 1027309). Incard Ltd is authorised to issue electronic money and provide payment services in the United Kingdom. Our global headquarters is Hamilton House, 1 Temple Avenue, London EC4Y 0HA. ### Escalating a complaint If we fail to provide a response to you or fail to resolve the complaint within 15 working days, you have the right to refer the complaint to the Financial Ombudsman Service (FOS) free of charge within six months of our response. For further information, please refer to the [Financial Ombudsman website](https://www.financial-ombudsman.org.uk/) and the [Financial Ombudsman Services Standard Explanatory Leaflet](https://www.financial-ombudsman.org.uk/businesses/resolving-complaint/ordering-leaflet/leaflet). * The FOS’s contact details are: * Address: Financial Ombudsman Service, Exchange Tower, London, E14 9SR * Email: * Phone: +44 20 7964 0500 * Website: ### Payment card complaints Cards for UK and CH business accounts are issued by Incard Ltd. Incard Ltd is a Visa Principal Member, pursuant to licence by Visa Europe Limited. We handle card complaints through the process described on this page. # License - UK Last Updated: December 15, 2025 Incard Ltd is authorised by the Financial Conduct Authority (FCA) as an Authorised Electronic Money Institution (EMI). Firm Reference Number (FRN): 1027309 Incard Ltd is authorised to issue electronic money (e-money) and provide payment services in the United Kingdom. Incard Ltd is acting as an agent of TrueLayer, who is providing the regulated Account Information Service, and is Authorised and Regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 and the Electronic Money Regulations 2011 (Firm Reference Number: 901096) # License - EEA Last Updated: July 24, 2024 Incard Europe Limited is registered with the De Nederlandsche Bank as EMD Agent and can distribute or redeem electronic money (e-money) and provide certain payment services on behalf of an e-money institution It is an EMD Agent of Currencycloud B.V.. Payment services (non card products) are provided by Currencycloud B.V.. Registered in The Netherlands No. 72186178. Registered Office: Nieuwezijds Voorburgwal 296-298, 1012 RT Amsterdam Netherlands. The Currency Cloud B.V. is authorised by the De Nederlandsche Bank under the Dutch Financial Services Act (WFT) for the issuing of electronic money (No. R142701). # Safeguarding #### Safeguarding Your Funds When funds are posted to your account, in line with regulatory requirements, the regulated e-money institutions who we work with safeguard your funds. This means that the funds shown in your payment account or e-wallet are held at reputable banks or covered by an insurance policy, and most importantly, are protected for you in the event of our partner e-money institutions’, or our, insolvency. Our partners stop safeguarding your funds when the money has been paid out of your account to your beneficiary’s account. If you require a breakdown of the exact amounts of funds you have safeguarded at each of our e-money partners at a particular point in time, please do not hesitate to contact us. # SULT Giveaway ## Giveaway Period The giveaway opens on Monday 20 April 2026 at 4:30 PM BST and closes on Monday 4 May 2026 at 3:30 PM BST. ## How to Enter Subscribe to @incardapp on YouTube and leave a comment on the SULT giveaway YouTube video during the entry period. No purchase is necessary to enter or win. ## Prize One winner will receive a year's supply of SULT products with a retail value of $1,000 USD. The prize is non-transferable and cannot be exchanged for cash or any alternative. ## Winner Selection One winner will be selected at random from eligible comments using random picker software after the entry period closes. The winner will be notified via a comment on the giveaway video by @incardapp only — no other account will contact you on behalf of this giveaway. The winner must provide a valid email address for verification and a delivery address for prize fulfilment. This information will be used solely to administer the giveaway. If the winner cannot be contacted or does not claim the prize within 14 days of notification, Incard reserves the right to select a replacement winner using the same random process. ## Eligibility Open to residents aged 18 years or over in the UK, European Union, and USA. ## Data & Privacy Personal information provided by the winner will be used only to administer the giveaway and arrange prize delivery. It will not be used for any other purpose or shared with third parties beyond what is necessary to deliver the prize. ## General Rules By entering, participants confirm they have read and agreed to these terms and that they meet all eligibility requirements. Incard reserves the right to disqualify any entry it reasonably believes to be in breach of these terms, or obtained through fraudulent or automated means. Incard reserves the right to cancel, suspend, or amend the giveaway at any time if circumstances arise that make it necessary to do so. These terms are governed by the laws of England and Wales. This giveaway is not sponsored, endorsed, administered by, or associated with YouTube. Any questions or issues relating to this giveaway should be directed to Incard, not YouTube. ## Promoter Incard. Registered address: 71–75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. Prize fulfilment in partnership with SULT — drinksult.com. # FIFA World Cup 26™ Collection Motorolla Razor Fold Giveaway ## Giveaway Period The giveaway opens on Thursday 2 July 2026 at 4:30 PM BST and closes on Thursday 23 July 2026 at 4:30 PM BST. ## How to Enter Subscribe to @incardapp on YouTube and leave a comment on the giveaway YouTube video during the entry period. No purchase is necessary to enter or win. ## Prize One winner will receive a FIFA World Cup 26™ Collection Motorola Razr. The prize is non-transferable and cannot be exchanged for cash or any alternative. ## Winner Selection One winner will be selected at random from eligible comments using random picker software after the entry period closes. The winner will be notified via a comment on the giveaway video by @incardapp only, no other account will contact you on behalf of this giveaway. The winner must provide a valid email address for verification and a delivery address for prize fulfilment. This information will be used solely to administer the giveaway. If the winner cannot be contacted or does not claim the prize within 14 days of notification, Incard reserves the right to select a replacement winner using the same random process. ## Eligibility Open to residents aged 18 years or over in the United Kingdom, European Union, and United States of America. ## Data & Privacy Personal information provided by the winner will be used only to administer the giveaway and arrange prize delivery. It will not be used for any other purpose or shared with third parties beyond what is necessary to deliver the prize. ## General Rules By entering, participants confirm they have read and agreed to these terms and that they meet all eligibility requirements. Incard reserves the right to disqualify any entry it reasonably believes to be in breach of these terms, or obtained through fraudulent or automated means. Incard reserves the right to cancel, suspend, or amend the giveaway at any time if circumstances arise that make it necessary to do so. These terms are governed by the laws of England and Wales. This giveaway is not sponsored, endorsed, administered by, or associated with YouTube. Any questions or issues relating to this giveaway should be directed to Incard, not YouTube. ## Promoter Incard Ltd Registered address: 71–75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. The prize is supplied by Incard. Motorola, FIFA, FIFA World Cup 26™, Enver Studio, and YouTube are not sponsors or administrators of this giveaway and are not responsible for its operation. # Vibe Gift Card Giveaway ## **Giveaway Period** The giveaway opens on Sunday 9 August 2026 at 7:30 PM BST and closes on Monday 24 August 2026 at 4:30 PM BST. ## **How to Enter** Subscribe to @incardapp on YouTube and leave a comment on the giveaway YouTube video during the entry period. No purchase is necessary to enter or win. ## **Prize** One winner will receive giftcard for a total value of $250 to make a purchase on the All About Vibe website: . The prize is non-transferable and cannot be exchanged for cash or any alternative. ## **Winner Selection** One winner will be selected at random from eligible comments using random picker software after the entry period closes. The winner will be notified via a comment on the giveaway video by @incardapp only, no other account will contact you on behalf of this giveaway. The winner must provide a valid email address for verification and a delivery address for prize fulfilment. This information will be used solely to administer the giveaway. If the winner cannot be contacted or does not claim the prize within 14 days of notification, Incard reserves the right to select a replacement winner using the same random process. ## **Eligibility** Open to residents aged 18 years or over in the United Kingdom, European Union, and United States of America. ## **Data & Privacy** Personal information provided by the winner will be used only to administer the giveaway and arrange prize delivery. It will not be used for any other purpose or shared with third parties beyond what is necessary to deliver the prize. ## **General Rules** By entering, participants confirm they have read and agreed to these terms and that they meet all eligibility requirements. Incard reserves the right to disqualify any entry it reasonably believes to be in breach of these terms, or obtained through fraudulent or automated means. Incard reserves the right to cancel, suspend, or amend the giveaway at any time if circumstances arise that make it necessary to do so. These terms are governed by the laws of England and Wales. This giveaway is not sponsored, endorsed, administered by, or associated with YouTube. Any questions or issues relating to this giveaway should be directed to Incard, not YouTube. ## **Promoter** Incard Ltd Registered address: 71–75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. The prize is supplied by Incard. All About Vibe and YouTube are not sponsors or administrators of this giveaway and are not responsible for its operation. Last updated # Rewards Policy Last Updated: July 24, 2024 The Reward Terms and Conditions below (the “Terms”) set out the basis on which you may be eligible for, accrue, earn, redeem, and forfeit Points or Rewards. The Terms, along with our General Services Agreement, Privacy Policy, Fee Schedule, and any other terms and conditions that apply to our services or the services provided to you by any of our partners, form a legal agreement between you, the legal person represented by an authorised representative (“you” and “your”), and Incard Ltd (“Incard”, “we”, “us”, “our”). By opening and maintaining an Incard Account in good standing, you are automatically enrolled in the Rewards Program. Capitalized terms used in these Rewards Terms have the meanings provided in the Defined Terms below, or as defined in the General Services Agreement. We may update these Rewards Terms at any time by posting an updated version to our legal page. For example, we may: * Change the eligibility of certain Incard Accounts or Programs for participation in the Rewards Program; * Change when, how, and under what conditions you may earn or redeem Rewards or Points; * Change Multipliers, including eligible categories and definitions of categories; * Limit accrual and redemption of Points, including through caps, fees, and expiration; * Restrict or exclude certain types of transactions, purchasing categories, and merchants from accrual of Points; * Change the availability of, eligibility for, and conditions applicable to Restricted Rewards, Tiers, Multipliers, Perks, Points, or any other aspect of the Rewards Program; * Terminate the Rewards Program. Available Rewards are subject to change at any time. Some Rewards, such as those relating to travel or Perks, may have additional terms and conditions. You may only participate in the Rewards Program if you accept all of these Rewards Terms. These Rewards Terms are effective when you activate your Incard Account. ## 1. Requirements and Eligibility for Participation To participate in the Rewards Program, your Incard Account must be continuously in good standing and all Users accruing or redeeming Points or Rewards on behalf of Company must be affiliated with Company. If your Incard Account is not in good standing for any reason, or we determine in our sole discretion that you are abusing, gaming, or misusing the Rewards Program or have otherwise violated our Platform Agreement or any of the terms, agreements, and policies incorporated by reference, you may be ineligible to accrue Points or earn or use Rewards, and you may forfeit any Rewards or Points previously earned or accrued. Certain Incard Accounts may not be eligible to participate in the Rewards Program. We may update or change eligibility criteria, restrictions, and requirements at any time. Available Rewards and Perks may vary based on the number or types of Services Company uses, Company’s industry and location, how long Company has been an Incard customer, and other factors determined in our sole discretion. We may otherwise condition, restrict or limit available Rewards and Perks in our sole discretion. ## 2. How to calculate monthly points? As an Incard user, you can earn points on all physical and virtual card payments made with eligible merchants in any of our available currencies. Your monthly points reward will be calculated based on the amount of eligible spending you accrue. From time to time, we may offer you additional points, subject to additional promotional terms and conditions. The current default value is as follows: each pound spent with Incard cards on eligible expenditures earns 1 point. Accumulating 100 points earns £1 in cashback. ## 3. What type of transactions will earn points? We award points to our customers for all Eligible Purchases. "Eligible Purchases" refer to any card transactions made at Eligible Merchants by you or any additional cardholder(s) on your account, using a card issued by us. You may accrue Points through the use of our Services, via bona fide purchases with eligible Cards at eligible merchants, as defined below. The specific Points you accrue may vary based on factors such as the plan to which you are subscribed and your eligibility. We reserve the right to limit the accrual and redemption of Points, including through caps, fees, and expiration policies. Points earned on a given transaction are available as soon as the transaction clears–usually. Please note that temporarily holds, processing or transaction fees, ATM charges, balance transfers, cash withdrawals, cheque purchase, insurance premiums, interest premiums, interest, default charges, deductions, returns, refunds and other fees and charges don’t count towards Eligible Purchases. We reserve the right to make the final determination of what constitutes Eligible Purchases. The applicable Reward and Cashbacks level is determined by: (i) the details provided on our Pricing Page and each Fee Schedule, based on the Plan in which you are enrolled, or (ii) a personalized level communicated to you directly by us. Please review the list of all eligible purchases below. Please remember that not all plans qualify for point redemption in each category:
Advertising * Bing Ads * Caasie * Google Ads (including YouTube Ads) * Insite Graphics * LinkedIn Ads * Meta (Facebook, Instagram Ads) * Pinterest Ads * Snapchat Ads * Taboola Ads * TikTok Ads * Twitter Ads * VistaPrint
Recurring Software * Adobe * Airtable * Apple One and iCloud * Asana * Calendly * Canva * CapCut * ChatGPT * Docusign * Dropbox * Figma * Google Suite * Huboo * Klaviyo * LinkedIn Premium / Sales Navigator * Notion * Seedlegals * Shopify * Slack * Twilio * Webflow * Zapier
RideShare * Blacklane * Bolt * Careem * Freenow * Lyft * Uber * Wheely
Travel * Air France * Airbnb * American Airlines * Booking.com * British Airways * Brussels Airlines * EasyJet * Emirates * Etihad Airlines * Europcar * Eurostar * Expedia * Hotels.com * Lastminute.com * Lufthansa Airlines * Ryanair * Trainline * Travelodge * Trip.com * Turo * United Airlines * Virgin Atlantic * Vrbo * Vueling * W!ZZ Air
Lifestyle * Airbnb * Alibaba * AliExpress * Amazon * Annabel’s * ArtsClub * Cabana * Caffè Nero * Co-Op * Deliveroo * DHL * Dsers * Etsy * FedEx * Five Guys * Gail’s * Joe & The Juice * John Lewis & Partners * Nespresso * Netflix * Ocado * Ole & Steen * PAUL * Pret a Manger * Royal Mail * Sainsbury’s * SohoHouse * Starbucks * Tesco * TfL / TfL Oyster * Uber Eats * UPS * Waitrose & Partners * WeWork
## 4. What can Incard points be used for? You can convert your points into cash or other available options displayed in the Web App (coming soon). Converting your points into cash allows you to earn money back for eligible purchases made with your card. The cashback redemption rate is defined on the Pricing Page and varies depending on the plan in which you are enrolled. We display Company’s Rewards, redemption options, and available Perks in your Incard Account. Redemption options are subject to change and are subject to the terms, conditions, and availability of offers by external companies. The value of Points will vary depending on the plan you are enrolled in, how you elect to redeem them, or in Incard’s sole discretion in accordance with these Rewards Terms. Rewards offerings with Third-Party Service Providers are not guaranteed and are subject to change or expire, either in Incard’s sole discretion or at the discretion of Third-Party Service Providers, with or without Notice. We or Third-Party Service Providers may condition when and how you can redeem Points or how you may earn Points or Rewards. For example, a Third-Party Service Provider may limit use of a Reward for their products or services to their new, or existing customers, or require use of a Reward before a specific date or impose a limit on the minimum or maximum number of Points that may be used. Each available Perk may be redeemed only once per Account. We may limit use or redemption of Rewards, Points, or Perks to specific authorized Users or accounts. You are solely responsible for ensuring that any actions taken by Users to use or redeem Rewards do not violate Company policies or rules and any applicable industry practice, ethical obligations, or laws or regulations applicable to your specific business. We may change Points redemption ratios or revoke availability of redemption in our sole discretion with or without Notice. Users may be required to provide personal information to redeem Rewards, which may be provided to third parties. Users who redeem Rewards or Points provided by Third-Party Service Providers consent to Incard providing personal information for these purposes. ## 5. How do I earn Cashback? If you select the cashback redemption (only available option for now), we’ll automatically calculate your Cashback and deposit it into your Incard account each month – so you won’t need to do anything. You’ll earn Cashback on points collected on cleared card purchases only – so if you make a card payment at the end of October and it clears in November, it’ll qualify for Cashback in November. If a payment doesn’t clear at all, it won’t qualify for Cashback. To redeem your points for cash, simply click on "Redeem" in the "Reward" tab on your app. Enter the number of points you would like to convert and confirm. Our team will review your request within 5 working days. Once the request is accepted, the cashback will be sent directly to your account within 14 working days. ## 6. Reward Cancellation To benefit from your monthly reward points (“Points”), you must comply with the terms and conditions applicable to the use of the services provided by us or any of our partners (the “Conditions”): 1. If you breach the Conditions, you will not earn any Points in respect of the month in which the breach occurs. You will not earn Cashback until your account is brought back within the Conditions. 2. If you breach the Conditions in two consecutive months, we will cancel the points you would otherwise have earned for both monthly statement periods. A breach of your Conditions includes a failure to make your monthly minimum payment by the payment due date on any credits provided by us or another entity with the same group. 3. We will also cancel any monthly Cashback award you would otherwise have earned for the entire monthly statement period if: (a) Your account is closed, either by you or us, within the monthly statement period; (b) Bankruptcy proceedings have been started against you; or (c) We suspect that you or any additional cardholders have committed fraud on the account; or (d) If you are in breach of the Conditions at the time that your Cashback is due to be paid, we will suspend your Cashback. The monthly Cashback award will be paid to you after you have complied with your Conditions for an entire month. ## 7. Disqualification You may be disqualified from participating in the Rewards Program if at any time: (a) any payments you owe to Incard are past due, (b) any prior payments were late, (c) you misuse any Services, (d) you engage in self-dealing (such as using Cards to pay for products or services provided by Company, its affiliates, its Beneficial Owners, or other persons affiliated with Company), (e) you engage in other Prohibited Activities found in the Prohibited Activities List, breach of policies or other agreements with Incard, or (f) you attempt to or otherwise game or misuse Rewards, Points, or the Rewards Program. Where we determine, in our sole discretion, that Company no longer satisfies the requirements for participation in the Rewards Program, we may disqualify you and you may lose any Rewards or Points that you may have accrued. ## 8. Payment Failure, Delinquency, Suspension, or Termination In the event of a (a) payment failure, (b) delinquency, (c) suspension, or (d) termination of your Incard Account, your accrued Rewards or Points may be forfeited, and we may freeze your ability to redeem Rewards. We may refuse any request to use Rewards or Points, or terminate your participation in the Rewards Program if your Incard Account is not in good standing, if any payments are past due, if your Incard Account has been terminated, or if you have otherwise breached any of your obligations under the Platform Agreement and applicable Programs. You may lose all accrued Rewards or Points when your account is terminated, either by you or us. If your Incard Account is delinquent, you do not accrue Rewards or Points. If you do forfeit Points, we may allow you to regain these Points in our sole discretion, and we may charge a Fee or require you to pay all amounts owed to us, or place other conditions for doing so. ## 9. Refunds If you are given a refund for a purchase, this will be deducted from the Eligible Spend used to calculate the value of your points. ## 10. Taxes You understand that you are responsible for determining and obtaining appropriate tax treatment for any Rewards you redeem, and you are solely responsible for any taxes If necessary, you must tell the tax authorities about any benefits you have received under the Cashback scheme. You will have to pay for any taxes or other charges which are charged as a result. ## 11. Defined Terms Capitalized terms in this Incard Rewards Terms will have the meaning provided in the General Services Agreement or as defined below: * Multipliers means any promotion provided by Incard that applies one or more Point per Pound spent for specific types of transactions on Cards, as determined by Incard. * Perks means certain benefits, discounts or other offers that may be available to participants in the Incard Rewards Program. * Points means a unit that may be accrued or earned in a manner defined by Incard and have no monetary value. * Restricted Rewards means any Reward that is available for a limited time, in a limited quantity, to a certain Rewards Tier, or otherwise in time, scope, or to a subset of Incard customers. * Rewards means Points, Perks, or other benefits conferred by Incard through participation in the Rewards Program. * Rewards Program means the program offered by Incard described on our Pricing Page as governed by these Rewards Terms. * Rewards Terms means these Incard Rewards Terms as amended from time to time. * Tier means a status designated by Incard that may include additional benefits, access to exclusive Rewards, or specific Multipliers. # Rewards - AdBack Addendum **Effective date:** 28 May 2026 ## 1. Introduction This AdBack Rewards Addendum (the "**AdBack Addendum**") is incorporated into and made part of the Incard Rewards Policy (the "**Rewards Terms**") between you ("**Company**," "**you**," or "**your**") and Incard Ltd ("**Incard**"). Capitalized terms not defined in this AdBack Addendum have the meanings given to them in the Rewards Terms or the Incard Terms of Service. If there is any conflict between the Rewards Terms and this AdBack Addendum, this AdBack Addendum controls solely with respect to the AdBack Rewards Program. This AdBack Addendum governs Company's eligibility for, and earning of, promotional Rewards in connection with certain payments to supported advertising platforms (as defined below). These Rewards are offered by Incard, not by any bank, card network, payment processor, or any of the Advertising Platforms. Incard may modify, suspend, or terminate this AdBack Addendum at any time, subject to applicable law. ## 2. Program Overview Incard may offer, in its sole discretion, a promotional rewards program for eligible payments to supported advertising platforms (the "**AdBack Rewards Program**" or "**AdBack**"). Under this AdBack Addendum, Incard may award Company Cashback Credits equal to one percent (1%) of Company's Eligible Platform Payments (defined below), subject to (i) Company's Qualifying Balance Tier and (ii) the applicable Monthly Eligible Spend Cap, each calculated separately per currency. For the avoidance of doubt, notwithstanding anything in the Rewards Terms to the contrary (including any statement that Cashback Credits are only available for Card purchases), Cashback Credits may be earned under this AdBack Addendum on Eligible Platform Payments even though they are not Card purchases. All other Rewards Terms regarding eligibility, forfeiture, errors, offsets, and redemption apply unless expressly modified by this AdBack Addendum. ## 3. Eligibility To earn Rewards under this AdBack Addendum, Company's Incard Account(s) must be continuously in good standing, and Company must remain in compliance with the Incard Terms of Service, the Rewards Terms, and all policies incorporated by reference. Incard may deny, limit, suspend, or revoke eligibility as permitted by applicable law. Further, Company is not eligible for AdBack Rewards if Incard determines, in its sole discretion, that Company is abusing or attempting to game the AdBack Rewards Program, including by (a) attempting to route non-Platform payments through payee descriptors to appear as a supported Advertising Platform, (b) generating circular or self-dealing transactions, or (c) manipulating balances or transactions to increase rewards. Incard may offset or claw back Rewards awarded in connection with such activity. ## 4. Earning AdBack Rewards ### 4.1 Earning rate Company will accrue Cashback Credits at a rate of **one percent (1%)** of the amount of Eligible Platform Payments that settle during the applicable calendar month, up to the Monthly Eligible Spend Cap determined under Section 4.4. ### 4.2 Eligible Platform Payments "**Eligible Platform Payment**" means a payment that: **(a)** is initiated from (or debited from) Company's Incard Transactional Account using a supported payment rail (including, where available, Faster Payments, CHAPS, SEPA, SEPA Instant, ACH, FedNow, or wire transfer) that is explicitly identified at the time of transaction as being eligible for 1% cashback; **(b)** is payable to one of the following advertising platforms (each, an "**Advertising Platform**" and collectively, the "**Advertising Platforms**"): (i) Meta Platforms, Inc. and Meta Platforms Ireland Limited (individually and collectively, "**Meta**"); (ii) Google LLC and Google Ireland Limited (individually and collectively, "**Google**"); or (iii) TikTok Inc., TikTok Information Technologies UK Limited, and TikTok Pte. Ltd. (individually and collectively, "**TikTok**"); and **(c)** is identified by Incard, in its reasonable discretion, as a payment for advertising charges or other eligible invoice or billing statement issued by an Advertising Platform. Incard may add, remove, or modify the list of Advertising Platforms supported under the AdBack Rewards Program at any time, subject to applicable law. ### 4.3 Exclusions Eligible Platform Payment does **not** include: **(a)** card transactions (including transactions made using any Card associated with the Incard Account); **(b)** fees of any kind; **(c)** reversed, returned, disputed, unauthorized, refunded, or otherwise invalidated transactions; or **(d)** any transaction Incard deems fraudulent, abusive, or ineligible in its sole discretion. ### 4.4 Monthly Eligible Spend Cap The Monthly Eligible Spend Cap is determined **per currency** based on Company's average daily collected ledger balance during the applicable calendar month across Company's eligible Incard Transactional Account and eligible Incard Treasury account, in each case held in the same currency (collectively, the "**Qualifying Balance**"). Qualifying Balance Tier, Monthly Eligible Spend Cap, and Maximum Monthly Cashback Credits are calculated independently for each currency, as set out in the tables below. **Qualifying Balances may not be aggregated across currencies.** A balance held in GBP qualifies only toward the GBP tier; a balance held in EUR qualifies only toward the EUR tier; and a balance held in USD qualifies only toward the USD tier. Eligible Platform Payments are likewise matched to the currency in which they are paid and assessed against the Monthly Eligible Spend Cap for that currency. ### Table A — GBP (British Pounds) | Qualifying Balance Tier | Monthly Eligible Spend Cap | Maximum Monthly Cashback Credits | | ----------------------- | -------------------------- | -------------------------------- | | £100,000 | £25,000 | £250 | | £500,000 | £125,000 | £1,250 | | £1,000,000 | £250,000 | £2,500 | | £2,000,000 | £500,000 | £5,000 | | £4,000,000 | £1,000,000 | £10,000 | | £8,000,000 | £2,000,000 | £20,000 | | £16,000,000 or more | £4,000,000 | £40,000 | ### Table B — EUR (Euros) | Qualifying Balance Tier | Monthly Eligible Spend Cap | Maximum Monthly Cashback Credits | | ----------------------- | -------------------------- | -------------------------------- | | €100,000 | €25,000 | €250 | | €500,000 | €125,000 | €1,250 | | €1,000,000 | €250,000 | €2,500 | | €2,000,000 | €500,000 | €5,000 | | €4,000,000 | €1,000,000 | €10,000 | | €8,000,000 | €2,000,000 | €20,000 | | €16,000,000 or more | €4,000,000 | €40,000 | ### Table C — USD (US Dollars) | Qualifying Balance Tier | Monthly Eligible Spend Cap | Maximum Monthly Cashback Credits | | ----------------------- | -------------------------- | -------------------------------- | | $100,000 | $25,000 | $250 | | $500,000 | $125,000 | $1,250 | | $1,000,000 | $250,000 | $2,500 | | $2,000,000 | $500,000 | $5,000 | | $4,000,000 | $1,000,000 | $10,000 | | $8,000,000 | $2,000,000 | $20,000 | | $16,000,000 or more | $4,000,000 | $40,000 | Qualifying Balance excludes (a) pending or uncollected deposits, (b) negative balances and overdrafts, (c) balances attributable to credit, loans, advances, or charge card limits, and (d) any balances Incard reasonably determines are present temporarily to manipulate tier eligibility. ### 4.5 Monthly measurement Incard calculates Eligible Platform Payments, Qualifying Balance Tier, and the Monthly Eligible Spend Cap on a monthly basis, separately per currency. If Company's tier changes in a given currency based on month-end calculation, Incard will apply the tier indicated by that currency's month-end Qualifying Balance to that same month's Eligible Platform Payments in that currency. ### 4.6 Posting of Cashback Credits Cashback Credits earned under this AdBack Addendum will be credited to Company's Incard dashboard on the **15th of the following month** (or the next business day if the 15th is not a business day), consistent with the Rewards Terms, unless Incard specifies a different posting cadence for this program. If an Eligible Platform Payment is later reversed, returned, disputed, or found to be ineligible (or if Cashback Credits were awarded in error), Incard may offset or deduct the associated Cashback Credits from Company's Rewards balance, future Rewards, and/or Company's Incard Account balance, as described in the Rewards Terms. ## 5. No Affiliation with Advertising Platforms Meta, Google, TikTok, and any other Advertising Platform supported under this AdBack Addendum are not sponsors of, and are not affiliated with, the AdBack Rewards Program. The "Meta", "Google", "TikTok", and other Advertising Platform names and marks are the property of their respective owners. # Marketplace Terms of Use Last Updated: July 24, 2024 The Marketplace Terms and Conditions below (the “Terms”) apply to the provision of the Marketplace Service, outlining specific rules for the use of the Marketplace Feature accessible through the Incard Web App and shall govern the contractual relationship between the User and Incard in this respect. The Terms, along with our General Services Agreement, Privacy Policy, Fee Schedule, and any other terms and conditions that apply to our services or the services provided to you by any of our partners, form a legal agreement between you, the legal person represented by an authorised representative (“you” and “your”), and Incard Ltd (“Incard”, “we”, “us”, “our”). The Incard Web App, accessible at[ https://app.incard.co/](https://app.incard.co/) (the “Web App”), is published by Incard Ltd (“Incard”). The Incard Business account offers its Users access to various features through the Web App, including a marketplace feature (the “Marketplace”) with discount offers (the “Offers”), available via its free plan or paid plans (hereinafter the “Plan(s)”), which can be used on products (“Merchant Products”) sold by third-party affiliates (the “Partners”) - collectively referred to as the “Marketplace Service(s)”. The Marketplace Service offered on the Web App is accessible only to Incard users being legal entities or individuals, public or private, who are acting within the scope of their commercial, industrial, artisanal, self-employed or agricultural activity, and who can form legally binding contracts under applicable law (the “Users”). By opening and maintaining an Incard Account in good standing, you are automatically enrolled in the Marketplace Program. These Marketplace Terms become effective upon activation of your Incard Account. The applicable Terms and Conditions are those in force on the date of your registration on the Web App. We may update these Rewards Terms at any time by posting an updated version to our legal page. ## 1. Description of the Services The Web App allows Incard users to log in to their accounts and access the Marketplace feature, which showcases Offers that can be used on Partners' websites to purchase specific Merchant Products. Some Offers may be freely accessible through a free plan (the “Beta Plan”), while others may be available only to Users with a paid subscription on the Web App (the “Paid Plan(s)”). Various categories of Paid Plans, each offering access to different Offers within the Marketplace, are detailed on the Pricing Page and in the General Services Agreement UK. The User is expressly informed that, regardless of the Plan involved, certain Offers are subject to eligibility conditions by the Partner concerned and that the User will therefore not be able to benefit from them if the User does not meet said conditions. These Offers are identified as such on the Web App and the conditions of eligibility are clearly described. The User undertakes to check the eligibility conditions of the Offers it is interested in before choosing an Offer. The User undertakes to choose an Offer subject to eligibility conditions only if the User meets the said conditions. The User is informed that Incard may verify, before giving the User access to an Offer subject to eligibility conditions, that the said conditions are met. Incard cannot be held responsible if the access to an Offer is refused by Incard or by a Partner because the User does not fulfil the conditions of eligibility imposed and Incard will not proceed to any refund in this context. To obtain additional information on the Service, the User can contact Incard via the in-app chat. Incard only provides the Service and is not a reseller of the Merchant Products sold by its Partners on their own Web App and for which Offers are available on the Web App. These Terms and Conditions do not govern the relationship between the User and the Partners. Merchant Products may be subject to terms and conditions as specified on Partners’ website. Transactions relating to Merchant Products are carried out directly between the User and the Partner concerned. Incard is not a party to such transactions, does not market the Merchant Products, and cannot be held liable in the event of (i) refusal to supply the Merchant Products by a Partner, or (ii) the provision of non-conforming Merchant Products or Merchant Products that do not comply with their description or with the User's expectations. More generally, Incard is not liable for the conformity of the Merchant Products or their sale and/or provision. The User is solely liable for its choice of an Offer and its suitability for its needs. Incard cannot be held liable in this respect. It is expressly agreed that any access to the Marketplace Feature and its offers is personal and may under no circumstances be transferred, in whole or in part, to a third party. Incard makes its best efforts to ensure that the Offers’ descriptions and other information on the Service are as accurate as possible. However, Incard does not warrant or represent that any information on the Service is accurate, complete, or error-free. Incard may at any time change the Offers’ descriptions, or other information on the Service, and/or any aspect of the Service. In case of material change, prior notice will be provided to the User as provided above in section 1. ## 2. Access to the Marketplace Feature To access the Service, the User must have an Incard account in good standing and subscribe to a plan that includes access to the Marketplace Feature. By creating an account on the Web App and using the Marketplace Feature, the User acknowledges awareness of and full agreement with these Terms and Conditions. All transactions conducted with Incard via the Marketplace Feature will be governed by these Terms and Conditions as an extension of the General Services Agreement. The information provided by the User during the registration process must be complete, accurate and up to date. Incard may, if necessary, ask the User to confirm (by any means) the information provided. Incard cannot be held responsible for erroneous or incomplete information transmitted by the User during the registration process. ## 3. Personal Data Users are informed that Incard processes their personal data, in accordance with Incard’s Privacy Policy available [here](/privacy-policy/privacy-policy). ## 4. Intellectual Property The Incard brand, and all trademarks, whether figurative or not, and in general, any other distinctive signs featured on the Web App, whether registered or not (the “Trademarks”) are and shall remain the exclusive property of Incard or are under license to Incard. The Marketplace Feature in the Web App and all graphics, texts, visuals, and photographs featured therein, including any illustrations, images, designs, pictures, characters, written materials, décors, databases or other organization of data, or other components of the Web App (hereinafter the “Content”) are and shall remain the exclusive property of Incard or are under license to Incard and are protected by intellectual property rights. Under no circumstances whatsoever may the Trademarks, the Web App and/or the Content be modified, reproduced, performed, transmitted, distributed, displayed, sold, or incorporated into a derivative or other work, in whole or in part, in any medium whatsoever. More generally, the Trademarks, the Web App and its Content are provided for the User’s internal business purposes only, excluding any commercial use. Any use of all or part of the Trademarks, the Web App and/or the Content, in particular by downloading, reproduction, transmission, performance or display for any purposes other than those contemplated in these Terms and Conditions is strictly prohibited. Subject to compliance with these Terms & Conditions and the General Services Agreement, Incard grants Users, for the duration of the Terms and Conditions, a personal, non-exclusive and non-transferrable right to access and use the Marketplace Feature on the Web App, the Content and/or the Trademarks solely and exclusively for Users’ internal business purposes only, excluding any commercial use. Accordingly, it is strictly prohibited to: * copy, reproduce, perform/display, disseminate, distribute and/or publish, on a permanent or temporary basis, the Web App and/or the Content and/or the Trademarks, in whole or in part, by any means or process (including caching, framing, etc.) and on any medium currently known or unknown; * create derivative works based on the Web App and/or the Content and/or the Trademarks; * modify, translate, adapt or arrange, in whole or in part, the Web App and/or the Content and/or the Trademarks; * disassemble, decompile or reverse engineer the Web App and/or the Content; * distribute, transmit, retransmit, broadcast, sell, rent, license or operate, in any way whatsoever, the Web App and/or the Content and/or the Trademarks, in whole or in part. ## 5. Liability When using the Marketplace Feature, the parties shall only be liable for damages that are a direct and foreseeable consequence of their breach of these Terms and Conditions and the General Services Agreement. Incard cannot be held liable: * for any loss relating to any activity carried out by the User including (but not limited to) loss of data, loss of chance, profits, income or revenue, business, opportunity or customers, damage to reputation or business interruption and any indirect loss suffered by the User; or * in the event of a breach of its obligations under these Terms and Conditions, caused by any act or omission on the part of the User (or any person acting in its and on its behalf) or a third party. In all instances, in the event of a breach by Incard of its obligations under these Terms and Conditions, Incard's liability to the User shall be limited to the extent described in the liability section of the General Services Agreement. ## 6. Links The Marketplace Feature may refer by links to other Sites and in particular to Partners’ website; this constitutes a service made available to the User. However, as these website are not under the control of Incard, the latter declines all responsibility for the content, information and data that may appear on them. The creation of any hypertext links to all or part of the Web App is strictly prohibited. In all cases, any link must be removed upon request by Incard.
# Referral Program Terms (UK) Last Updated: July 24, 2024 These Referral Program Terms, established between you and Incard, outline and regulate your participation in the Incard Referral Program. This program allows eligible users to refer potential customers to Incard through a Referral Link. The Terms, along with our Privacy Policy, General Services Agreement and any other terms and conditions that apply to our services or the services provided to you by any of our partners, form a legal agreement between you, the legal person represented by an authorised representative (“you” and “your”), and Incard Ltd (“Incard”, “we”, “us”, “our”). Your participation is subject to these terms and conditions. Capitalized terms used in these Rewards Terms have the meanings provided in the Defined Terms below, or as defined in the General Services Agreement. We may update or revise these Referral Program Terms by posting the latest version on our website. ## 1. Your Eligibility To be eligible to participate in the Referral Program you must abide by these Referral Program Terms and be an individual who is at least 18 years old and legally permitted to receive Referral Credits. You are prohibited from participation in the Referral Program if: 1. you were a User on a Incard Account that was terminated by Incard for any reason; 2. you are legally or contractually prohibited from receiving Referral Credits; 3. Incard determines that you violated any provision of these Referral Program Terms, guidelines related to the Referral Program, or other agreement you have with Incard. ## 2. Steps To Become Our Brand Advocate To become a Brand Advocate, you must submit an application through our program on the [Incard website affiliation page](https://incard.co/affiliate). Upon approval of your profile, at Incard’s discretion, you will be provided with: 1. A unique affiliate link; 2. The commission amount applicable for each eligible referral; 3. Any additional benefits or advantages associated with your affiliate link, either for you or for the referee; 4. The definition of Active User. You may then share your link on your website, blog, social media platforms, videos, and other approved channels as frequently as you wish - respecting the Restrictions defined in these Terms. ## 3. Eligible Referrals If you are permitted to participate in this Referral Program, you will receive a Referral Link to share with potential Incard customers. For a referral to be valid, the referred individual or entity must use your Referral Link. Incard reserves the right to approve or reject applications from referrals based on criteria it deems appropriate, whether or not such criteria are publicly disclosed. A referral will be considered valid as soon as the Referee qualifies as an Active User, as defined separately by Incard, at the time you are approved as a Brand Advocate. Referrals will not be eligible for Referral Credits if they have previously attempted to open an Incard account, engaged in activities listed on the Prohibited Activities List, or failed to meet our approval criteria. If a referral is submitted by another referrer, you will only receive Referral Credits if your Referral Link is associated with the application that is approved by Incard. ## 4. Referral Links and Referral Credits Referral Links may only be used by you in conjunction with this Referral Program. You may not transfer them to a third party or sell or attempt to sell them. Incard may limit access or use of Referral links, or establish maximum Referral Credits, at any time and in its sole discretion. Incard owns all rights in Referral Links and any content or intellectual property associated with it. Incard will provide any earned Referral Credits to you in a manner stated on your referral page (for example, as points attributed to your Incard Account or as a gift card). Incard may withhold Referral Credits that you are otherwise entitled to if we believe that you breached these Referral Program Terms or other agreements with Incard, if you engaged in activity that was illegal or fraudulent, or if we determine that a Referral Credit was provided to you erroneously. You are responsible for all taxes arising from or related to Referral Credits you receive. Incard will not report any income or earnings related to Referral Credits to taxing authorities except where required under law.
## 5. Restrictions As part of this Referral Program, you agree to: 1. Not represent yourself as an employee or agent of Incard, nor suggest any affiliation or partnership with Incard, or claim to be authorized to speak on behalf of Incard.; 2. Not send unsolicited messages through any medium (email, phone, fax, social media, etc.), nor use automatic dialing apps, scripts, or bots to send messages to third parties. You will always comply with applicable laws. 3. Always send Referral Links as your true self, without impersonating or claiming to represent real or fictitious third parties, and avoid engaging in any actions that may be considered unfair, deceptive, or abusive acts or practices (UDAAP) or fraud. 4. Not create or use Referral Links in any context that violates individual rights, promotes violence, hate, or discrimination, or is obscene or offensive. 5. Not use the name "Incard" or the Incard logo in any public advertising or marketing unless expressly permitted to do so by Incard in writing. 6. Not infringe upon the privacy or intellectual property rights of third parties. Violation of this section will result in your termination from the Referral Program and forfeiture of any Referral Credits that you have not already received. ## 6. Termination These Referral Program Terms are effective as of the time you first send or generate a Referral Link and will terminate upon Notice by either you or Incard to the other party. Incard may terminate these Referral Program Terms upon Notice to you at any point in time. ## 7. Other Legal Terms These Referral Terms are incorporated into the General Services Agreement and are governed by the same laws. Incard's maximum liability to you for direct damages under these Referral Program Terms is limited to the total Referral Credits paid or payable to you in the preceding three-month period. Incard is not liable for consequential, indirect, special, or punitive damages, or for lost profits or revenue, whether or not you have informed us of their possibility. This limitation applies regardless of the legal theory on which your claim is based. Incard may modify these Referral Program Terms at any time by posting an updated version on our Referrals page. ## 8. Entire Agreement These Referral Program Terms constitute the entire understanding between you and Incard regarding the subject matter described herein and will be supplemented by your acceptance email from Incard upon approval to participate in the Referral Program. No other agreements, representations, or warranties shall be binding unless expressly stated in these Referral Program Terms or the acceptance email, and any additional agreements must be in writing and signed by both the Company and Incard. ## 9. Defined Terms Capitalized Terms in these Incard Referral Terms will have the meaning provided in the Platform Agreement or as defined below: Active Users as defined in your referral acceptance email. Acceptance Email means the official email communication sent to you by Incard approving your application and confirming the (a) your affiliation link, (b) the commission amount applicable to each valid referral, (c) the definition of an Active User. Platform Agreement means the Incard General Service Agreement. Referral means a company that has not previously submitted an application for an Incard Account and submits an application for an Incard Account using your Referral Link. Referral Program Terms means these Incard Referral Program Terms as amended from time to time. Referral Credit means a monetary amount (such as real cash, gift card or other monetary credit) or other benefit conferred by Incard (such as a credit of points to a Incard Account) for a Successful Referral. Referral Link means a URL provided by Incard to you that can be provided by you to companies that you wish to refer to Incard. Referral Program means the Program described on our website as governed by these Referral Terms. Successful Referral means a Referral meets the criteria specified in these Referral Terms and has an application approved by Incard. Third-Party Referrers means third parties that are not affiliated with an Incard Account that participate in the Referral Program. And “you” means the natural person executing this agreement or providing Referrals to Incard.
# Restricted Segments Last Updated: July 24, 2024 ## 1. Restricted Industries Some industries are higher risk, and we cannot ensure that we cover them. We are currently focusing on the businesses where we can add the most value. incard reserves the right to refuse to open your account, especially if your company's business purpose is one of the following: * Insurance brokerage activity * Fund, portfolio and collective investment management * Financial Institutions making payments on behalf of other financial institutions, also known as ‘nested relationships’ or ‘layering.’ * Trading, exchange and mining or any investment in digital assets * Provision of payment services without authorisation * Sexual activity (pornography, prostitution, sale of sexual accessories, escorting) * Sale of tobacco (including electronic cigarettes), alcohol * Construction and chemicals * Activities related to cannabis products and derivatives (THC-CBD-Hemp) * Military and semi-military activities, including the sale of weapons, war vehicles and all reproductions * Auction sales, sales of works of art * Online and in-store sales of protein powders, food supplements and medicines * Travel Related Arrangement Services (e.g. Airlines, accommodations, and ticketing agents) * Medical devices, Drug and drug related products and services * Political organisations * Publishers of racist, adult, lobby materials or political propaganda * Seeds or plants * Ponzi, pyramid schemes, multi-level marketing, “get rich quick” schemes, outbound telemarketing * Casinos, gambling, betting, horse and dog racing * fortune-telling, clairvoyance, astrology * Cryptocurrency (trading, exchange and mining), blockchain * Trading/brokerage platform or any activity related to: currencies, precious metals, stones, gems, carbon credits, other products, securities * Accessibility diagnosis * Sale of SIM cards and mobile phone top-ups, calling cards and VoIP providers * Online file sharing * Sale of goods/services likely to damage the image or reputation of third parties * Activities related to the mining, oil and gas industries * Any illegal activity If your industry isn’t mentioned above, you can apply for a business account. But a heads up: we might not accept businesses in other industries too, if we don’t think it’s appropriate. ## 2. Restricted Jurisdictions We take our regulatory responsibilities very seriously. In line with our anti-money laundering policy and sanction screening requirements, we cannot support card payments, receive funds from or send money to the following countries: Belarus, Burkina Faso, Burundi, Cuba, Democratic Republic of the Congo, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Kazakhstan, Libya, Mali, Myanmar, Nicaragua, North Korea, Russia, Serbia, Somalia, South Sudan, Sudan, Syrian Arab Republic, Venezuela, Yemen, Zimbabwe Regions of Zaporizhzhia, Luhansk, Donetsk, Crimea and Kherson This list may be subject to change. # Platform Agreement Archive # Privacy Policy Archive # \[Archive] General Services Agreement - UK (Agent model) PLEASE READ THESE SERVICE AGREEMENT BEFORE USING THE INCARD PLATFORM. This document sets out the Terms and Conditions that apply to Incard Users for the Incard Business Accounts and related services. By completing the registration process, You accept these terms, whereby Our joint contract comes into effect. ## 1. Information on Who We Are and This Agreement 1.1. The definition set out in the Definition section apply in these Terms. 1.2. These Terms constitute a framework agreement between: (a) INCARD LTD, being a company incorporated in England and Wales with company number 13073893 and whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (referred to in these Terms as “incard”, “We” or “us”). (b) You, being the business which has agreed to these Terms. 1.3. These Terms set out the terms of: (a) Incard Platform Users accessing the Incard Platform; (b) Incard Platform Users entering into Electronic Money Exchange; (c) Incard executing Incard payments; (d) Incard entering into Incard Card Transactions. 1.4. The Currencycloud Terms are separate to these Terms and set out the terms of Currencycloud operating your E-Money Account with various payment services via the Incard Platform. 1.5. By agreeing to these Terms, you are agreeing to and will be deemed as agreeing to Currency Cloud Terms (the “[TCCL Terms of Use](https://go.currencycloud.com/hubfs/Product/Legal/Currencycloud-Terms-UK-Agent.pdf)”). 1.6. The TPL terms are separate to these terms and set out the terms of TPL issuing your Incard card and Incard Cardholders entering into Incard Card Transactions. 1.7. By agreeing to these Terms, you are agreeing to and will be deemed as agreeing to TPL Terms (the “[TPL Terms of Use](https://www.incard.co/legal)”). 1.8. Before you can benefit from the Services, you are required to: (a) read these Terms and tick the box online confirming the accuracy of the information provided online and your agreement with these Terms; (b) read the Currencycloud Terms and TPL Terms, and tick the box online confirming your agreement with the Currencycloud Terms and TPL Terms; (c) provide us with such photographic identification, documentation and information as we may reasonably request to comply with regulatory obligations. 1.9. These Terms incorporate the Website Terms, the Cookie Policy, the Privacy Policy and the Complaints Policy by this reference. By entering into this agreement you agree that we may use your information in accordance with the website privacy notice. 1.10. You must read the policies before entering the agreement with us: * [Website Terms](https://www.incard.co/website-terms-of-use) * [Cookies Policy](https://www.incard.co/legal/cookies) * [Privacy Policy](https://www.incard.co/legal/privacy) * [Complaints Policy](https://www.incard.co/legal/complaints) 1.11. These terms may be amended from time to time subject to the changes of business environments, regulatory frameworks, and conditions of us, our Partners and/or service providers. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Incard will notify you of any updates on these terms via email and announcement on our website. You may be treated as consent and agree if no contrary intention is received from you within 60 calendar days. 1.12. In order to open an Incard Account and obtain an Incard Card, You must: (a) Be at least 18 years old; (b) Be a Sole-Trader or a Limited Company (or equivalent) registered in the UK; (c) Have a smartphone with a mobile number and a valid identity document; and (d) Have a business that should not fall under clause 24. 1.13. You must provide us with an email and postal address and phone number and let us know of any changes. 1.14. You confirm that you have provided the correct information during the process of creating an Incard Account. You undertake that, if your details change, you will notify us immediately. You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate information. 1.15. We may monitor and/or record telephone calls between you and us or service providers. 1.16. We may transfer our rights or obligations under this agreement or arrange for any other person to carry out its rights or obligations under this agreement. You may not transfer any of your rights or obligations under this agreement. 1.17. We can delay enforcing rights under this agreement without losing them. 1.18. If we cannot enforce any paragraph, condition or part of a paragraph or condition under this agreement, it will not affect any of the other paragraphs, conditions or the other part of the paragraph or condition in this agreement. ## 2. Regulatory Landscape 2.1. Incard in the provision of payment services on behalf of Currencycloud, is acting as Currencycloud’s FCA EMI Agent (FCA reference number: 903054) with respect to Electronic Money in EUR, USD and GBP and is authorised to provide payment services on behalf of Currencycloud. 2.2. The Currency Cloud Limited (referred to in these Terms as “Currencycloud” or our “Partner”) in the issuance of Electronic Money in GBP such as the Electronic Money issued pursuant to clause 4.1, is acting as an authorised electronic money institution. In the provision of cross border payment and currency conversion services, is acting as payment facilitator and is authorised and regulated by the Financial Conduct Authority (FRN: 900199) and is incorporated under the laws of England and Wales with a registered office at 12 Steward St, London E1 6FQ with registration number No. 06323311. 2.3. The following services, which are accessible through the Incard Platform, are carried out by us and Currencycloud and will be subject to the [Currencycloud Terms](https://www.currencycloud.com/legal/terms/terms-of-use-eu-cc-bv): (a) the issuance and storage of Electronic Money in EUR, USD and GBP; (b) the provision of payment services and currency conversion services; (c) the EUR Collection Service, the GBP Collection Service, the USD Collection Service, the SWIFT Collection Service in your Incard account. 2.4. Transact Payments Limited (referred to in these Terms as “TPL” or our “Partner”) in the issuance of cards is duly authorised and regulated by the Gibraltar Financial Services Commission (GFSC). The Gibraltar Financial Services Commission regulates the financial services industry in Gibraltar. 2.5 The following services, which are accessible through the Incard Platform, are carried out by TPL and will be subject to the TPL Terms: (a) the issuance of Cards pursuant to a licence from VISA; (b) Incard Cardholders entering into Incard Card Transactions. 2.6. Cards provided to UK residents are issued by Transact Payments Limited pursuant to licence by Visa Europe Limited. The Card remains the property of TPL at all times. 2.7. The production of the Cards and the technology systems required to operate the Cards are provided by Incard and the third party service providers. 2.8. Incard also provides customer support for Cards. All communications should be sent to Incard through email (i.e. [support@Incard.co](mailto:support@incard.co)). 2.9. Incard, TPL and Currency Cloud are subject to the relevant Payment Services Regulations of the countries they are operating the business and under the relevant supervisory authority. These regulations regulate how payments must be transmitted and provide protection when you send money. 2.10. If you require further information on the status of Currencycloud as electronic money institutions or of incard as an EMD Agent, details are available on the FCA’s website [www.fca.org.uk](http://www.fca.org.uk). The FCA can be contacted at 12 Endeavour Square, London, E20 1JN or on telephone number (+44) (0)20 7066 1000. ## 3. Commencement and Term 3.1. The execution of the contract begins on the day Incard confirms your Incard account has been approved, taking into account clause 10.5, and shall continue until terminated in accordance with clause 32. ## 4. Your Incard Account 4.1. Your Incard Multi-currency E-money account is an account in which Electronic Money in EUR, USD and GBP is stored in exchange for receiving the corresponding funds from you. 4.2. Incard is authorised to collect funds from you on behalf of our Partners acting as the principal for safeguarding purposes pursuant to clause 4.1 and 4.3. 4.3. When Electronic Money is stored in your Incard E-money accounts, Currencycloud holding the funds corresponding to the Electronic Money is not the same as a bank holding money for you in that: (a) Currencycloud must safeguard the funds received, in exchange for Electronic Money that has been issued, meaning that the funds will be protected by being held in a designated safeguarding account and not mixed with any of Currencycloud’s own funds and; (b) Currencycloud cannot and will not use the funds received, in exchange for Electronic Money that has been issued, to invest or lend to other persons or entities; (c) your Electronic Money will not accrue interest; and (d) your Electronic Money is not covered by the Financial Services Compensation Scheme. The funds corresponding to Electronic Money will be held in one or more segregated bank accounts separately from Currencycloud’s own funds, in accordance with the provisions of the relevant Regulations. ## 5. The Incard Platform 5.1. As part of the Services provided under these Terms, we grant Incard Platform Users a non-exclusive, non-transferable right, without the right to grant sublicenses, to use the Incard Platform during the term of this Agreement solely for your internal business operations. Incard Platform Users (i.e. You and/or the designated person of your accounts) may access the Incard Platform via the Website and the iOS Mobile App. 5.2. The Incard Platform is our portal where Incard Platform Users can: (a) view the Incard Platform; (b) enter into Electronic Money Exchange; (c) enter into Payments; (d) view a list of Incard Transactions that have already been entered to; (e) view the balance and currency of the Electronic Money you hold in your Incard E-Money Account; (f) order physical and virtual cards and view your cards details; (g) view information about and manage your account; and (h) contact customer support. ## 6. Multi-User Functionality of Your Incard Account 6.1. You will be will be able to (when this functionality becomes available and subject to such restrictions that Incard puts in place): (a) grant Employees of your company access to your company’s Incard Account and the right to become Incard Platform Users once they have been approved via the KYC process; (b) enable Incard Platform Users to enter into Incard Card Transactions pursuant to these Terms. 6.2. You fully authorise Incard Platform Users to use the Incard Platform and enter into Incard Platform Transactions on your behalf, debiting money from your Incard E-Money Accounts. For the avoidance of doubt, Incard shall have no liability to you for Incard Platform Users entering into Incard Platform Transactions on your behalf. It is your responsibility to ensure that you terminate an employee from being an Incard Platform User if you no longer want them to be able to enter into an Incard Platform Transaction on your behalf or if they no longer qualify to be an authorised user. 6.3. You fully authorise Incard Cardholders to enter into Incard Card Transactions on your behalf, which will debit money from the Incard GBP E-Money Account associated with the relevant Incard Card. It is your responsibility to ensure that you terminate an employee from being an Incard Cardholder if you no longer want them to be able to enter into Incard Card Transactions or if they no longer qualify to be an authorised user. ## 7. Beta Plan, Basic Plan, Incard Plan, Incard + Plan, Bespoke Plan 7.1.If you are: (a) a Business User under the **BETA** plan: * we shall provide you with the BETA Services; * you shall pay the fees listed in the BETA Pricing for each event outside the free allowance that is not covered by the BETA Plan – please see Business Account Pricing UK - BETA Plan; (b) a Business User under the **BASIC** plan: * we shall provide you with the BASIC Services; * you shall pay us the BASIC Subscription Fees; and * you shall pay the fees listed in the BASIC Pricing for each event outside the free allowance that is not covered by the Basic Subscription Fees – please see Business Account Pricing UK - BASIC Plan; (c) a Business User under the **INCARD** plan: * we shall provide you with the INCARD Services; * you shall pay us the INCARD Subscription Fees; and * you shall pay the fees listed in the Incard Pricing for each event outside the free allowance that is not covered by the INCARD Subscription Fees – please see Business Account Pricing UK - Incard Plan; (d) a Business User under the **INCARD PLUS** plan: * we shall provide you with the INCARD PLUS Services; * you shall pay us the INCARD PLUS Subscription Fees; and * you shall pay the fees listed in the INCARD PLUS Pricing for each event outside the free allowance that is not covered by the INCARD PLUS Subscription Fees – please see Business Account Pricing UK - INCARD + Plan; (e) a Business User under the BESPOKE plan: * we shall provide you with the BESPOKE Services; * you shall pay us the BESPOKE Subscription Fees; and * you shall pay the fees listed in the BESPOKE Pricing for each event outside the free allowance that is not covered by the BESPOKE Subscription Fees – please see Business Account Pricing UK - BESPOKE Plan; 7.2. For any Subscription Plan, we will automatically charge your account, for so long as your Incard Account remains active. 7.3. All Subscription Plans will automatically renew for renewal terms equal in length to the original Subscription Term. 7.4. Your subscription continues until cancelled by you or we terminate your access to or use of Incard in accordance with Clause 32 and these Terms in general. Cancellation will be effective at the end of the Subscription Term. 7.5. If you are: (a) a BETA Business, a BASIC Business, an INCARD Business, an INCARD + Business and you want to upgrade your plan to become a BASIC Business, an INCARD Business, an INCARD + Business or a BESPOKE Business, you will be charged: * The BETA Subscription fee, the BASIC Subscription fee, the INCARD Subscription fee or the INCARD + Subscription fee for the calendar month you become a BASIC Business, an INCARD Business, an INCARD + Business or a BESPOKE Business; and * a pro rata amount of the difference between the subscription fee of your original plan and the subscription fee of your upgraded plan (as applicable) based on the number of days remaining within 30 days of joining an your upgraded plan as a proportion of the period of 30 days. 7.6. If you are: (a) an Incard Business and want to downgrade to become an Basic Business; (b) an Incard + Elite Business and want to downgrade to become an Incard Business; (c) a Bespoke Business and want to downgrade to become an Incard + Business; You may make a request using the Incard Platform or by communicating with us via the customer support member support function on the Incard Platform. Any downgrade to a Subscription Plan’s pricing or payment terms will become effective in the next billing cycle following notice of such change to you as provided in these Terms. 7.7. We will charge you the BASIC Subscription Fees if you are a Basic Business, the INCARD Subscription Fees if you are an INCARD Business, the INCARD + Subscription Fees if you are an INCARD + Business or the BESPOKE Subscription Fees if you are a Bespoke Business. 7.8. We shall deduct the BASIC Subscription fee, the INCARD Subscription fee, the INCARD + Subscription or the BESPOKE Subscription Fees (as appropriate) from your Incard GBP E-Money Account on the relevant date. If you do not have enough Electronic Money in your Incard GBP E-Money Account at the time payment is due to be deducted: (a) You must deposit enough money into your Incard GBP E-Money Account to pay the said subscription as soon as possible; (b) We reserve the right to deduct the relevant subscription fee from any of your other Incard E-Money Accounts including any Incard Non-GBP E-Money Accounts in which case our standard exchange rate will be used. 7.9. If we are unable to collect payment of the relevant subscription fee within 5 days of the date payment was due to be collected, we reserve the right to terminate your BETA plan, BASIC plan, INCARD plan, INCARD + plan, BESPOKE plan, as appropriate. ## 8. Electronic Money Exchanges 8.1. You can use Electronic Money from one of your Incard E-Money Accounts to purchase Electronic Money in the currencies of any of your other Incard E-Money Accounts by accessing the relevant section of the Incard Platform and following the on-screen instructions. The currencies of Electronic Money which you are able to purchase and store in your Incard E-Money Accounts are limited to those set out on the Incard Platform and are subject to change from time to time without us being required to provide you with notice. You may only enter into Electronic Money Exchanges for immediate settlement and delivery. 8.2. You will be informed, on the Incard Platform, prior to sending your request to enter into the Electronic Money Exchange, of: (a) the amount of Electronic Money you will use to purchase the amount of Electronic Money in your required currency; (b) the amount and currency of the Electronic Money you wish to purchase; (c) the exchange rate of the Electronic Money Exchange. 8.3. In order to submit the request to enter into the Electronic Money Exchange, You will need to confirm the details which have been entered by hitting the button on the relevant part of the Incard Platform. 8.4. The request to enter into an Electronic Money Exchange will be accepted when we confirm to you that the Electronic Money Exchange has been entered into, on the Incard Platform. 8.5. We shall use our standard exchange rates when performing Electronic Money Exchanges. Our standard exchange rates are based on a mark-up of the rate we are able to obtain ourselves as wholesalers. Our exchange rates are therefore constantly changing with the currency markets. You should refer to clause 42 (Fees) for more information. 8.6. Please note that we reserve the right to limit the amount of Electronic Money Exchanges you can enter into outside Working Days. This is because, on days which are not Working Days, the currency markets can have very little liquidity and we are exposed to negative movements. ## 9. Incard Payments 9.1. Incard Payments are executed by Currencycloud and are subject to the Currencycloud Terms under Currencycloud’s licence. The following provisions set out how you can instruct an Incard Payment through the Incard Platform. 9.2. The Services provide for the transmission of funds from Customers to recipients (“Recipients”) via electronic funds transfer, wire transfer or other electronic methods. The Services involve the use of the Currencycloud for the remittance of money, the buying or selling of foreign currency, and any other global payment solutions provided by Currencycloud from time to time. 9.3. Incard Platform Users can make a request to enter into a Payment through the Incard Platform (Mobile App or Web App). The request through the Incard Platform can be made by logging onto the Incard Platform and clicking on the “pay” button and following the on-screen instructions. 9.4. The Fees for Payments are set out in clause 42 (Fees). 9.5. In order for a Payment instruction from you to be properly executed, you must provide us with the information or Unique Identifier which is necessary for the proper execution of the Payment instruction. If this is incorrect, it could result in the Payment being delayed or the monies transferred being lost. The information could comprise the Beneficiary Bank Account’s bank sort code and account number or, where applicable, the payee’s SWIFT number, BIC number and IBAN number. 9.6. In order to complete the request to enter into the Payment, the Incard Platform User will need to confirm the details which have been entered by hitting the relevant button on the relevant part of the Incard Platform and complying with any additional security requirements requested on the Incard Platform. 9.7. Once you have entered or confirmed (as appropriate) the information set out in clause 9.6 by clicking on the relevant button and/or complying with the additional security requirements on the Incard Platform, this will constitute You providing consent to Incard for the Incard Payment. You cannot revoke consent to enter into an Incard Payment unless it is a Scheduled Incard Payment, in which case you can revoke consent on the “pay” part of the Incard Platform no later than the end of the Working Day before the agreed day of execution of the Scheduled Incard Payment. 9.8. It is essential that you check the details of each Payment before providing its consent for the execution as Incard is unable to recall a Payment once it has been executed, even if it is to one of your ‘known’ Beneficiaries. 9.9. The request to enter into an Incard Payment shall be deemed to be received at the time at which it is received except that: (a) where the request is received on a day which is not a Working Day or is received after 3 pm, London time on a Working Day, we have the right to treat the request as having been received on the next Working Day; (b) where it is agreed between us and you that an Incard Payment is to be executed on a specified day; and (c) the time of receipt of the request is deemed to be the day so agreed unless such day is not a Working Day in which case the request is deemed to have been received on the first Working Day thereafter. 9.10. Once the Payment has been completed, you will be able to view the completed Payment on the Incard Platform. 9.11. After we receive a request to enter into an Incard Payment, we shall provide the following information: (a) a reference enabling you to identify the Incard Payment and, where appropriate, information relating to the Beneficiary; (b) the amount of the Incard Payment in the currency used; (c) the amount of the charges and transfer fees for the Incard Payment payable by you (with a breakdown of such amounts where applicable); (d) where applicable, the exchange rate used in the Incard Payment and the amount of the Incard Payment after that currency conversion; and (e) an estimate of the date your payment will reach your beneficiary and be completed. 9.12. We will provide you with the information specified in clauses 9.11 and similar information relating to all Incard Transactions via PDFs made available on the Incard Platform, free of charge at least once a month. You will examine the confirmations and communications which we send to you within a reasonable time after receiving them and will promptly advise us without undue delay of any apparent mistake or discrepancy. Delay in notification may make correcting any error difficult. 9.13. If, for whatever reason, the funds are not deposited in the Beneficiary Bank Account and are returned to your Incard E-Money Account, they will be converted into the currency of the Incard E-Money Account they were originally withdrawn from. Due to the difference in price for purchasing and selling currencies and/or fluctuations in exchange rates, the amount of Electronic Money you receive back into your Incard E-Money Account may be more or less than what was originally redeemed to perform the Payment. Incard is not liable for any losses you incur in this respect. 9.14. Some Suppliers might accept payment by setting recurring payments to be deducted from your Incard E-Money Account on a regular basis. The amount of the recurring payment and the intervals at which the payments will be deducted is determined by the arrangement between you and the relevant Suppliers and their terms and conditions will apply. If you wish to amend or cancel your recurring payment, you may only do this by contacting the Suppliers directly. 9.15. Where an Incard Payment is denominated in: (a) euro to a Beneficiary Bank Account within the European Economic Area (‘EEA’) or an EEA currency other than euro and the Beneficiary Bank Account is located within the EEA, we shall ensure that the amount of the Incard Payment is credited to that account by the end of the fourth Working Day following that on which your request to enter into the Incard Payment was deemed to be received; and (b) a currency other than euro and the account of the Beneficiary’s payment service provider is located outside the EEA, we shall endeavour to ensure that the Incard Payment arrives as soon as is reasonably practicable. ## 10. Cards 10.1. The Card is a Platinum Business Debit Payment Card that can be used to pay for goods and services at participating merchants that accept VISA cards. (a) The Virtual Card is designed for use in online shops or for telephone purchases where the Card is not required to be physically present. (b) The Physical card is designed for use in shops and retail locations where You are physically present and for online, telephone and other distance purchases and, only if enabled, can be used to make cash withdrawals from ATMs and banks that agree to provide this service. 10.2. As with any payment card, We cannot guarantee that a particular merchant will accept the Card. If You are unsure about this, please check with the merchant before attempting to complete the transaction. 10.3. The Incard Cards are issued by TPL and the issuance and use of same are subject to the TPL Terms. The Fees for the issuance and use of the Incard Cards are set out in clause 42 (Fees). 10.4. You must ensure that You have sufficient Available Funds on the balance to pay for each purchase, payment or cash withdrawal using the Card. Regardless of the type of Card(s) You have, You will have only one Account where Your Available Balance is located. 10.5. The Card is intended for use as a means of payment and funds loaded onto the Card do not constitute a deposit. You will not earn interest on the balance of the Card. 10.6. When You receive Your Physical Debit Payment Card, it will be issued to You or one of the Incard Platform Users in an inactive state. You will need to activate it by referring to the Website and following the instructions for activation prior to use. If You don’t activate Your Card, any transactions that You attempt to carry out may be declined. 10.7. The Card will expire on the Expiry Date and will cease to work. Please check Condition 16 of this Agreement for further information. 10.8. We reserve the right, with TPL‘s authority, to refuse Your application to issue or activate the card, or to close Your customer account if the checks carried out pursuant to Clause 11 – or other circumstances – give rise to a definitive suspicion based on circumstantial evidence that You are using the card for, or are involved in, money laundering, terrorist financing, fraud or other illegal activities. In such a case, we will inform You as soon as is practically possible regarding the rejection of the application. ## 11. Identification Required for Purchase of Incard Cards 11.1. We need certain information concerning You and only store this information for as long as it is required for the purpose described. You can find further information in clause 34. 11.2. For the purposes of secure identification, we require proof of Your identity and proof of your business identity and addresses to fulfil the applicable statutory requirements. To this end, We may need documentary evidence from You and/or we may conduct the verification of Your personal and business information using electronic means. 11.3. The activation of the Card will indicate to us that You consent to the checks described in this Agreement being undertaken. 11.4. Where permitted, You may request additional Cards linked to Your Card. You authorise us to issue Cards and PINs to the additional cardholders and You authorise each additional cardholder to authorise transactions on Your behalf. You remain responsible for any fees, transactions, use or misuse of any Card or additional Card requested by You. 11.5. These terms also apply to any additional cards or cardholders set up by You. It is important that You submit these terms to each additional cardholder before they use the card. ## 12. How to Use the Card 12.1 A Card may only be used by the person to whom the Card was issued. In the case of an additional or secondary Card, that Card may only be used by a person nominated by the primary cardholder. The Card is otherwise non-transferable, and You are not permitted to allow any other person to use the Card, for example by disclosing Your PIN or allowing them to use Your Card details to purchase goods via the internet. Prior to use, the Card should be signed on the signature strip located on the back of the Card. 12.2 You agree that any use of your card, card number or PIN constitutes your authorisation and consent to a transaction. 12.3 We may assume that a transaction has been authorised by You, if either: (a) in the case of a Physical card, the magnetic strip on the Card was swiped by the retailer or the Card was inserted into a chip & PIN device; or (b) the Card PIN was entered or a sales slip was signed; or (c) in the case of a Physical card or Virtual Card, relevant information was supplied to the retailer that allows them to process the transaction, for example providing the retailer with the 3-digit security code on the back of Your Card in the case of an internet or other non face-to-face transaction; or (d) Your Card is tapped against a Contactless-enabled reader and accepted by such a reader. 12.4. Normally, We will receive notification of Your authorisation by way of an electronic message in line with the rules and procedures of the payment scheme (VISA network). Once You have authorised a transaction, the transaction cannot be stopped or revoked. However, You may in certain circumstances be entitled to a refund in accordance with clauses 22 and 23. 12.5. On receipt of notification of Your authorisation or the authorisation of an authorised user of a transaction and the transaction payment order, normally We will deduct the value of the transaction, plus any applicable fees and charges, from the Available Funds on the Card. 12.6. The Card can only be used for transactions where authorisation is sought and given at the time of the transaction. 12.7. You cannot stop a transaction after it has been transmitted to us by giving your consent to the transaction. 12.8. Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Card the transaction will be declined. Under certain circumstances, a transaction may result in a negative balance on Your card account – this usually happens when the merchant has not obtained authorisation for the transaction. In such cases we will attempt, to the extent possible, to recover part or all of the funds from the merchant, provided that we have no concrete or circumstantial suspicion that You have intentionally used the card in a manner that results in a negative balance. We deal with such transactions on a case-by-case basis. We will, under such circumstances, ask You to deposit funds to cancel out any negative card balance and limit or suspend the use of Your card until Your card has available funds again. 12.9. The Card may be used in full or part payment for purchases. In the case of part payment, the cardholder will be required to pay the outstanding amount of the purchase by an alternative means, for example, cash, bank transfer, debit card or credit card. 12.10. You are able to use Your Physical card to enable Contactless transactions. When using Your card for Contactless transactions, a maximum limit will apply. The limit is regulated by the local regulator or conditions of the program and may vary from time to time. We will advise You what the limit is and of any changes to the limit on Our Website. 12.11. If You use Your Card for a transaction in a currency other than the currency in which Your card is issued, the transaction will be converted into the currency in which Your card is issued at a rate shown at [VISA website](https://www.visa.co.uk/support/consumer/travel-support/exchange-rate-calculator.html). The rate is calculated on the date when the transaction is authorised by VISA (‘authorisation day’). Details of how to calculate the actual transaction date, and therefore the appropriate exchange rate, can be found in the FAQ section of the website. The exchange rate changes during the day is not fixed by Us, therefore we are not responsible and cannot guarantee that You will receive a favourable exchange rate. Changes in exchange rates can occur immediately and without notice. You can compare the rate being applied to your transaction with the rates published by the European Central Bank by using [this link](https://www.ecb.europa.eu/stats/policy_and_exchange_rates/euro_reference_exchange_rates/html/index.en.html). You can obtain exchange rate information upon completion of the transaction via Your online account (App or WebApp). 12.12. Normally We can handle transactions 24 hours a day, 365 days a year. However, We cannot guarantee this and under certain circumstances such as in the event of a serious technical problem, We may not be able to receive or complete a transaction immediately. 12.13. This is not a debit card supported by a bank account, and is not in any way connected to a bank account. It is also not a guarantee card, charge card or credit card. Interest will not be earned on any funds loaded on to the card. ## 13. Restrictions on Use of Cards 13.1. You must ensure that You have sufficient Available Funds on Your Card to pay for each purchase, payment or cash withdrawal using the Card. The amount that is allowable for transactions is shown in Clause 41 as well as Our website. Increased limits and certain functions may require additional identity checks be performed on the cardholder before they can be allowed. 13.2. The Card is not linked to a bank deposit account and is not a cheque guarantee card, charge card or credit card, nor may it be used as evidence of identity. 13.3. You must not use the card for any illegal purposes. 13.4. Subject to the limits, You may re-deposit new funds. New funds may only be deposited using the methods approved by us. We describe those applicable methods for depositing funds on Your Card on the website. If You have any questions about the methods for depositing funds on Your Card, please contact Our Customer Service Department in accordance with Clause 26. In order to prevent fraud, money laundering, terrorist financing and other financial crimes, We reserve the right to change these limits at any time or refuse the depositing of new funds if there is a concrete suspicion of fraud, money laundering, terrorist financing or other financial crimes. 13.5. The respective spending limits apply to the Card. More detailed information can be found in Clause 41 and on the website. 13.6. Any preauthorisation amount (such as a hotel booking or car hire) will place a “hold” on Your Available Funds until the retailer sends Us the final payment amount of Your purchase. Once the final payment amount is received, the preauthorisation amount on hold will be removed. It may take up to 30 days for the hold to be removed. During the hold period, You will not have access to the preauthorised amount. 13.7. Automated Fuel Dispenser: Incard is compatible with AFD expenses. In order to begin an AFD transaction, the cardholder will need to insert their card into the chip reader and enter their PIN. Cardholder initiates card payment by inserting payment card and entering their PIN. (a) The AFD requests a maximum authorisation of £100; (b) The card issuer returns an authorised full amount; (c) The AFD displays a message to the cardholder advising them that they can commence filling up to the amount returned in the authorisation response or, £100 if no amount is returned in the authorisation response; (d) Once the cardholder completes fuelling, the app will confirm the final transaction amount; (e) Some Merchants may not accept Your Card. It is Your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept Your Card. 13.8. The card is restricted to use for Wires, Money Orders, Gambling, Betting, Lottery, Dating services, Manual Cash Disbursements, Adult content, some Direct Marketing, Investment Firms, and Blacklisted countries, such as : Burundi, Central African Republic, Cuba, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Lebanon, Libya, Mali, Myanmar, Nicaragua, Russian Federation, Serbia, Somalia, South Sudan, Sudan, Syrian Arab Republic, Venezuela, Yemen, Zimbabwe, Crimea, Kherson, Zaporizhzhia. The above is not an exhaustive Prohibited & High Risk Countries List. The list is maintained by Incard and it will be changed from time to time. 13.9. You must not use the card for pre-authorised regular payments. 13.10. You must not use the card for transactions for cash (other than ATM withdrawal) including for example cash back, cash from a bank, money orders, traveller’s cheques, foreign exchange, or bureau de change. ## 14. Managing Your Cards 14.1. We will publish Your monthly statements in the online account. Each statement will specify: a reference enabling You to identify each transaction; the amount of each transaction; the currency in which Your Card is debited; the amount of any transaction charges including their break down, where applicable; the exchange rate used in the transaction by Us and the amount of the transaction after the currency conversion, where applicable; and the transaction debit value date. If there are no transactions on the Card for more than a month then We will not provide You with a statement. 14.2. You will need access to the internet to manage the Card. You may check the balance and available funds on Your Card or view a statement of recent transactions, which will be updated daily, by visiting Our Website in Your secure personal login area and following the login request for the Card. 14.3. We may stop, suspend or restrict your card or PIN on reasonable grounds relating to: (a) the security of your card, card number or PIN, and (b) the suspected unauthorised or fraudulent use of your card or PIN. We will, if possible, inform you before stopping, suspending or restricting your card or PIN that we intend to do so and the reasons for doing this. If we are unable to do so then we will inform you immediately afterwards. The requirement to inform you does not apply where it would compromise reasonable security measures or it would be unlawful to do so. ## 15. Expiry of the Card 15.1. Your Card will expire on the Expiry Date. The Card will cease to function and You will not be entitled to use the Card. 15.2. Usually we will issue you a new card shortly before the card expires with the approval of TPL. This does not apply if : (a) You are in arrears with the fees under clause 42; (b) You have overdrawn your account; (c) We have a specific, indicative suspicion of fraudulent or other criminally relevant behaviour on your part in relation to your use of the card; (d) You otherwise violate essential provisions of this contract. 15.3. When we issue a new Card, it has a new expiry date and the new card expires on that date. This does not affect the duration of the contract (see Clause 32). If you do not pay a current fee to cover our costs, we are not obliged to issue a new Card. 15.4. If your Card has not been used in the eight weeks before its expiry date, you will receive an email asking if you wish to replace the Card and retain any existing balance on it. If you ask us to do so, a replacement card will be issued to you within two weeks. A card replacement fee may apply. 15.5. If You do not wish to receive a replacement card at the time of Your current card’s expiry, You may terminate the Agreement in accordance with Clause 32. ## 16. Cancellation and Redemption Procedure 16.1 If You cancel the Agreement, we will cancel Your card and You must inform our Customer Service Department as set out in Clause 14 as soon as possible as to how we should deal with the unused funds available on Your card. Please note that You have no right to a refund of any money that has already been spent on goods or services. ## 17. ATM Withdrawal 17.1 An Incard Cardholder may withdraw funds from your Incard E-Money Account by entering into an Incard Card Transaction with an ATM. ## 18. Your Balance and Negative Balance 18.1. You acknowledge that balances and available funds reported on the Incard Platform are only approximate real-time balances rather than the settled balances in your Incard E-Money Account. A real-time balance may not take into account pending debits and credits. Incard will provide you with information on pending debits and credits as soon as it has that information. 18.2. If for any reason you have a negative balance in any of your Incard E-Money Accounts, you agree to immediately send the required amount of money to correct the negative balance, such amounts being due without the need for previous notification. Failure to send us the required amount of money within a reasonable period of time shall be deemed a material breach of these Terms in accordance with clause 32.4(a). In addition, we may: 18.3. exercise our right to automatically redeem your Electronic Money in one of your other Incard E-Money Accounts in accordance with clause 28 (Our Right for Compensation) of these Terms; (a) initiate a chargeback procedure for any specific transaction which led to your Incard E-Money Account having a negative balance; (b) close or suspend any or all of your Incard E-Money Accounts; (c) report you to any credit reference agencies; and/or (d) take debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. 18.4. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts. ## 19. Security 19.1. We may stop: (a) Incard Users’ use of the Incard Cards; and/or (b) Incard Users’ use of the Incard platform; on reasonable grounds relating to the security of the Incard Platform and/or an Incard Card and the suspected unauthorised and/or fraudulent use of the Incard Platform and/or a Incard Card. 19.2. Where we cease use in accordance with clause 19.1, we shall inform you of same and inform you of our reasons for doing so. Where we and/or our Partners are unable to inform you before ceasing such use, we shall do so immediately afterwards, unless we are prohibited from doing so by law. ## 20. Keeping Your Card and Details Safe 20.1. With every transaction You make with Your card or using Your card data, We will assume that this has been executed by You, unless You inform Us to the contrary in accordance with Clause 21.1. 20.2. You are responsible for keeping Your Card and its details safe. This means You must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a transaction. Before proceeding with a transaction and giving the physical card or card details to a merchant or service provider, you should have a good feeling that the merchant or service provider is sincere and has taken appropriate steps to protect your information. 20.3. You must keep Your PIN safe at all times. This includes: (a) Memorising Your PIN as soon as You receive it, and destroying the letter or other document on which We provided the PIN to You immediately. (b) Never writing Your PIN on Your Card or on anything You usually keep with Your Card; (c) Keeping Your PIN secret at all times, including by not using Your PIN if anyone else is watching; and (d) Not disclosing Your PIN to any person. Failure to comply with this may be treated as gross negligence and may affect Your ability to claim any losses. NEVER COMMUNICATE YOUR PIN TO ANYONE IN WRITING OR OTHERWISE. This includes printed messages, emails and online forms. 20.4. For the avoidance of doubt you are required to ensure that you are taking all the reasonable steps to protect the security of your Incard account and Incard card, including but not limited to: (a) logging off the Incard Platform every time you leave the mobile or computer (or other device) used to gain access to the Incard Platform; (b) keeping the mobile or computer (or other device) You use to gain access to the Incard Platform safe and secure and locked with a secure password; (c) not telling anyone Your Security Codes, including any person claiming to work for Incard; (d) if You receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your Security Code, not providing your information and contacting us via the member support function on the Incard Platform; (e) ensuring that the computer and e-mail account(s) and mobile phone you use to communicate with us are secure and only accessed by you, as the computer, e-mail address and mobile phone may be used to reset your Security Code or to send information relating to the security of the Incard Platform; (f) if at any time you think that your Security Code has been lost, stolen or any other person knows your Security Code, informing us via the member support function on the Incard Platform; and (g) never using any functionality that allows the Security Code to be stored by the mobile or other device you use to gain access to the Incard Platform. (h) each Incard Cardholder complying with the obligations set out in the TPL Terms. 20.5. All Incard Transactions are processed by automated methods, and anyone who obtains access credentials to the Incard Platform or access to an Incard Card could use it to enter into Incard Transactions without your permission. If you notice misuse, theft or unauthorised use of: (a) the Incard Card or a PIN or any other activity that makes you suspicious, you must (if available) freeze the Incard Card or cancel and reorder the Incard Card via the Incard Platform and/or (if not available) contact us using the member support function on the Incard Platform. For lost, stolen or damaged cards, you can contact us by calling +44 20 3318 1101 (available from 09.00 to 17.00 BST); (b) the Incard Platform or the Security Code or any other activity that makes you suspicious, you must contact us using the member support function on the Incard Platform; (c) If you suspect identity theft or theft of Electronic Money, we suggest that you contact your local police as well. 20.6. Incard may stop or suspend the use of the Incard Platform if it has reasonable grounds for doing so relating to: (a) the security of the Incard Platform; or (b) the suspected, unauthorised or fraudulent use of the Incard Platform. ## 21. Lost, Stolen or Damaged Cards 21.1. If Your Physical card is lost, stolen, damaged or if You have reasonable grounds to suspect that someone else has used it, or if You believe Your Virtual card details have been stolen or used by someone else, please inform our Customer Service Department immediately upon becoming aware of such circumstances in accordance with Clause 26 of this Agreement. 21.2. After You have notified Us of any incident of loss, theft or risk of misuse and provided that we are able to identify Your Card and perform certain security checks to a satisfactory level, we will issue You with a replacement card and/or PIN. ## 22. Purchases from Retailers 22.1. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the card. We are not liable for the failure of any merchant to honour the card. 22.2. If a merchant grants a refund for any reason (for example if You return the goods as defective), it may take several days for us to receive notification of the refund and the money itself. The refund may not be visible on Your card until 5 – 10 days after the refund has been duly processed. 22.3. You may request the refund of a transaction that You have authorised under the following conditions: (a) Your authorisation does not exactly match the amount You agreed to in the transaction, and (b) The amount of the transaction has exceeded the amount You could reasonably have expected (taking into account Your previous spending patterns on the card, the Agreement and the circumstances of this case). Such a refund must be requested from Our Customer Service Department within 8 weeks of the amount being deducted from the card. Any refund or justification by Us for refusing a refund will be made within 14 business days of receipt of Your refund request. Any refund must correspond to the amount of the transaction. Such refunds are not subject to any fees. ## 23. Transaction Disputes 23.1. If You believe You did not authorise a particular transaction or that a transaction was incorrectly executed, in order to obtain a refund You must contact Our Customer Service Department without undue delay in accordance with Clause 26 – as soon as You notice the issue, and in any case no later than 13 months after the amount of the transaction has been deducted from the card. We will, as soon as is reasonably practicable and together with Partners, reimburse (no later than the close of business on the day following the date that we became aware of the unauthorised transaction) any unauthorised transactions and related transaction fees and charges due under this Agreement, subject to the remainder of this Clause 23, unless We maintain a concrete, circumstantial suspicion of fraudulent conduct on Your part. In such a case, We will initiate an investigation as soon as is practically possible and inform You of the result. If this investigation shows that the transaction in question was indeed unauthorised and was not fraudulent, grossly negligent or intentional on Your part, we will process a refund in accordance with this Clause 23.1. Otherwise 23.3 shall apply. 23.2. Subject to the remainder of this Clause 23, we limit Your liability for any damages arising from unauthorised transactions to £35 or Euro equivalent. 23.3. In the following cases, You will be liable for all losses incurred in relation to an unauthorised transaction, provided that we are not at fault: (a) You have demonstrably acted fraudulently; or (b) You bear demonstrable responsibility for intentional or gross negligence. 23.4. Subject to the rest of this clause 23, we will limit Your liability to £35 or Euro equivalent for any losses incurred in respect of unauthorised transactions arising from the use of a lost or stolen Card, or the misappropriation of the Card’s details, except where: (a) the loss, theft or misappropriation of the Card was not detectable by You before the unauthorised transaction took place (unless You acted fraudulently, in which case You are liable for all losses incurred in respect of the unauthorised transaction), or (b) the loss was caused by acts or omissions of one of Our employees or agents, in which case You are not liable for any losses. 23.5. If our investigations reveal that a disputed transaction has been authorised by You or that You have been found to have acted fraudulently or with gross negligence, we together with Partners may reverse any refunds made to You and You shall be liable for all damages incurred by us in connection with the transaction, including, but not limited to, the cost of any investigation conducted by us or Partners in connection with the transaction. We will offer You reasonable notice of any reverse refunds as soon as is practicable. 23.6. Under certain circumstances, a transaction will be initiated (but not fully executed). This may result in the value of the transaction being deducted from the balance on Your card and will therefore no longer be available for use – We refer to this as “pending authorisation” or “blocking”. In such cases, You must inform Our Customer Service Department in accordance with Clause 26, describing the facts of the case. We will then investigate with the relevant third parties and will ensure Your balance is adjusted in accordance with the applicable legal requirements. 23.7. Except where You have acted fraudulently, You will not be liable for any losses incurred in respect of an unauthorised transaction: (a) which arise after Your notification to Us; (b) where We have failed to provide You with the appropriate means of notification, as found in clause 21.1. 23.8. Under certain circumstances, We may be required to refuse to complete a transaction authorised by You. These circumstances include the following cases: (a) We have grounds for reasonable suspicion regarding the security of Your card (PIN disclosed, card lost/stolen) or We maintain a concrete, circumstantial suspicion that Your card is being used in a fraudulent or unauthorised manner; (b) there are not sufficient Available Funds to cover the transaction and all associated fees at the time that We receive notification of the transaction; (c) there is an outstanding shortfall on the balance of Your Card; (d) if We maintain a concrete, circumstantial suspicion that You are acting contrary to this Agreement; (e) there are errors, failures (mechanical or otherwise) or refusals by retailers, payment processors or payment schemes processing transactions; (f) a transaction might take you over any of your card limits; (g) we reasonably believe that we need to do so to keep to the rules of the payment system under which your card is issued; (h) we reasonably believe that it is necessary to do so to comply with any law or as a matter of good practice; or (e) We are required to do so by law. 23.9. Unless we are violating any laws, we will inform you, as soon as practically possible, of the rejection and the reasons for the rejection in cases where we refuse to conclude a transaction in accordance with clause 23.7 and together with you if necessary tell you what to do to correct any factual errors that have resulted in the denial. 23.10. If we have reasonable suspicions regarding the security of your card (PIN disclosed, card lost/stolen) or if there is a specific suspicion that your card is being used fraudulently or unauthorised, we can temporarily block your card. We will inform you in advance of such a temporary block and the reasons for this, or, if this is not possible, as soon as practically possible afterwards, unless this would endanger adequate security measures or would otherwise be illegal. We will lift the temporary block as soon as practicable or, if necessary, issue a new card free of charge as soon as the reasons for the temporary block no longer exist. ## 24. Restrictions on the Use of Services 24.1. Incard will use its sole discretion based on its own risk assessment (which will change from time to time) when deciding whether to allow a prospective client to open an Incard Account and whether to close open Incard Accounts. 24.2. The following is a non-exhaustive list of examples of businesses which are outside our risk assessment, you must inform us if any of these become applicable to you (a) businesses or businesses with persons associated with it that are (i) suspected or convicted of financial crime or any other offence or action that carry a reputational risk for Incard; (ii) subject to economic sanctions; (iii) highly rated politically exposed persons; (iv) suspected or convicted of terrorism and related offences; (v) knowingly providing false information to Incard relating to their identity or business activities; (b) businesses that are: (i) actively involved in crypto or virtual currencies; (ii) traders of precious metals and stones; (iii) operating as a money service business; (iv) involved in banking and similar financial services; (v) active in the betting and gambling industry; (vi) active in trading with unlicensed drugs; (vii) trading in weapons and armaments; (viii) operating bidding fee auctions; (ix) operating unlicensed scrap metal dealership; (x) active as unregistered waste management businesses. 24.3. It is not permitted to: (a) use the Services for any illegal purposes. Incard will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator; (b) use the Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full; (c) breach these Terms or any other agreement or policy that you have agreed with Incard or our Partners; create more than one Incard Account without our prior written consent; use the Services to violate any law, statute, ordinance, or regulation; use the Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services; (d) infringe Incard’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (e) act in a manner that is defamatory, libellous, threatening or harassing when using the Services; (f) harass our employees, agents, or other users of Incard; (g) provide us with false, inaccurate or misleading information; (h) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; (i) use the Services to engage in debt-collection activities; (j) instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf; (k) control an Incard Account that is linked to another Incard Account that has engaged in any of the restricted activities set out in this clause; (l) conduct your business or use the Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Incard, third parties or you; (m) use your Incard Account or the Services in a manner that the Incard Card Issuer, Visa or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules; (n) allow any of your Incard E-Money Accounts to have a negative balance; (o) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Services; (p) take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers; (q) circumvent any Incard policy or determinations about your Incard E-Money Account including, but not limited to, attempting to create a new or additional Incard Account when a Incard E-Money Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Incard E-Money Account using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Incard E-Money Account; (r) use the Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable laws; (s) use the Services to trade FX for speculative purposes or for FX arbitrage; (t) refuse or fail to provide further information about you or your business activities that we may reasonably request; (u) conduct your business or use the Services in a manner that leads us to receive a disproportionate number of claims or chargebacks; (v) have a credit score provided by a third-party provider of Incard’s choosing and/or other risk scoring method (such as adverse media) which indicates a higher level of risk associated with your use of the Services than Incard is willing to accept; (w) reveal your Security Code to anyone or use anyone else’s Security Code. 24.4. You must ensure that You only enter into Incard Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via an Incard Transaction is not an indication of the legality of the supply or provision of the goods and services. 24.5. If Incard, in its sole discretion, believes that you may have breached any provision of this clause 24, we may act to protect ourselves, other users of Incard and third parties. The action we may take includes but is not limited to: (a) closing, suspending, or limiting your access to your Incard E-Money Account or any or all of the Services; (b) contacting other users of Incard who have transacted with you; contacting your bank or credit card issuer; and/or warning other users of Incard, law enforcement, or impacted third parties of your actions; (c) updating inaccurate information you have provided to us; (d) taking legal action against you; (e) terminating these Terms and/or your Incard Platform Users’ access to the Incard Platform and/or terminating the Incard Cards issued to your Incard Cardholders; (f) fully or partially reversing a Incard Transaction; and/or (g) blocking your access to your Incard E-Money Account and/or the Incard Platform temporarily or permanently. 24.6. Where possible, Incard will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation. ## 25. Suspending Your Use of the Service 25.1. We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Services feature, without notice and without liability. ## 26. Customer Services 26.1. Our Customer Service Department is normally available 24 hours a day, 7 days a week. During these times, we will make every effort to process Your request immediately. Please note, however, that certain issues can only be resolved during our business hours. You can contact Our Customer Service Department by: * E-mailing [support@Incard.co](mailto:support@incard.co) If You need to be contacted in the event of a concrete, circumstantial suspicion of fraud or other form of security threat, You will first receive a text message from us asking You to contact our Customer Service Department. 26.2. Our business hours are Monday to Friday from 09.00 to 17.00. Correspondence received by Us after the close of business on a particular day will be treated as received on the following business day. ## 27. Complaints 27.1. [Our Complaints Policy](https://www.incard.co/legal/complaints) forms part of these Terms of Use. By accepting these Terms of Use, You also agree to the Complaints Policy available on the Website. You should review the Complaints Policy before agreeing to these Terms of Use. 27.2. If you would like to log a complaint with us, please email us at . Our Complaints Policy sets out the process for submitting and resolving any complaints. You may request a copy of our Complaints Policy at any time by contacting us. 27.3. If you have received our final response and you are still unhappy or not satisfied, then you may, if your complaint falls within the Financial Ombudsman Service’s jurisdiction, be able to take your complaint to the Financial Ombudsman Service (FOS), details of which are available in the complaints policy. 27.4. Please note that complaints relating to an Incard E-Money Account will be handled by incard on Currencycloud’s behalf. Similarly, complaints relating to Incard Card Transactions or the Incard Card will be made against TPL and subject to the TPL Terms, although incard may be handling the complaint on TPL’s behalf. ## 28. Our Right or Compensation 28.1. On the happening of any event which entitles us to be compensated by you, we shall be entitled to redeem Electronic Money held in one of your Incard E-Money Accounts to pay such compensation. For the avoidance of doubt, this includes if the balances in one of your Incard E-Money Accounts shows that you owe us an amount of funds for any reason or has a negative balance, Incard may redeem Electronic Money you maintain in one of your Incard E-Money Accounts which has a positive balance to pay us the compensation or to redress the negative balance in a different Incard E-Money Account. 28.2. If the amount owed to us is in a currency which is different to the money or Electronic Money you hold with us, we shall convert the amount you hold with us to the currency of the amount you owe us by applying our standard exchange rates. We do not need to notify you of this conversion occurring. 28.3. Each party shall pay interest on any sum due under these Terms, calculated as follows: (a) Rate. 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%. (b) Period. From when the overdue sum became due, until it is paid. ## 29. Liability for Incard Payments 29.1. Subject to clause 29.5, where: (a) an Incard Payment was not authorised by you or was incorrectly initiated or executed by us; and (b) you have notified us using one of the methods set out in clause 33.4, without undue delay on becoming aware of the unauthorised or incorrectly executed Incard Payment and in any event: * if you are a Micro-Enterprise or a Charity, no later than 13 months after the date the Incard Payment was executed, * if you are not a Micro-Enterprise or a Charity, no later than 2 months after the date the Incard Payment was executed, we shall refund to you the full amount debited erroneously immediately and the amount debited without authorisation as soon as practicable and in any event no later than the end of the Working Day following the day on which we became aware of the unauthorised Incard Payment, unless we have reasonable grounds to suspect fraud and notify the appropriate authorities. 29.2. You will be liable for: (a) all losses incurred in respect of unauthorised Incard Payments made by Incard if you and/or a Incard Platform User has acted fraudulently, or has intentionally or has with intent or gross negligence not complied with its obligations under clause 20; and (b) where clause 29.2 (a) does not apply, up to £35 of any losses incurred in respect of unauthorised Incard Payments arising where you and/or a Incard Platform User has failed to keep the Security Codes safe and/or failed to stop the Incard Platform from being misappropriated, except where: (c) the misappropriation of the Incard Platform was not detectable by you and/or a Incard Platform User prior to the Incard Payment, except where you and/or the Incard Platform User has acted fraudulently; or (d) the loss was caused by acts or omissions of an employee, agent or branch of Incard or of an entity which carried out activities on behalf of Incard. 29.3. Except where you have acted fraudulently, you will not be liable for any losses incurred in respect of unauthorised Incard Payments where: (a) you have notified Incard in writing, without undue delay, on becoming aware of the loss, theft, misappropriation or unauthorised use of any Security Codes or the Incard Platform and the failure by Incard to do anything resulted in the aforementioned loss; or (b) Incard has failed to provide appropriate means for notification of the loss, theft, misappropriation or unauthorised use of any Security Codes or Incard Platform. 29.4. Incard shall not be liable for non-execution or defective execution in relation to an Incard Payment which it has made in accordance with a Unique Identifier given to it by you which proves to be incorrect. However, Incard shall make efforts to trace any non-executed or defectively executed Incard Payment and notify you of the outcome. 29.5. We are liable to you under clause 29.1 for the correct execution of a Incard Payment unless we can prove to you (and where relevant, to the Beneficiary’s payment service provider) that the Beneficiary’s payment service provider received the amount of the Incard Payment within the appropriate time period described in clause 9.15. 29.6. Under Regulation 92 of the Payment Services Regulations 2017, you may be entitled to a refund in certain circumstances where a payment is initiated by you as payee. It is not anticipated that any payment will be initiated by you as payee under any services provided by us. 29.7. The provisions in this clause 29 shall survive termination of these Terms. 29.8. In some circumstances a number of intermediaries (such as correspondent banks) may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond our control and whilst we will endeavour to minimise these for you wherever possible, those charges sometimes cannot be calculated in advance. You hereby acknowledge that you shall be liable for these charges. 29.9. Currencycloud Payments and Incard Card Transactions are performed by Currencycloud and TPL respectively and liability for the same is therefore set out in the Currencycloud’s Terms and TPL’s Terms. ## 30. Liability with Respect to Payments, ATM Withdrawals, and Incard Card Purchases 30.1. If you believe that an Incard Payment, an ATM Withdrawal and/or an Incard Card Purchase has been incorrectly executed or was not authorised by you you must inform us as soon as possible, and in any event within the time limits set out in the Currency’s Terms and TPL’s Terms, via the member support function on the Incard Platform. ## 31. Limitation of Liability 31.1. None of the organisations referred to in Clause 1 shall be liable in the following cases, unless they have caused damage as a result of gross negligence or culpable misconduct, have breached essential obligations under this Agreement or have caused injury to life, limb or health: (a) any error or failure related to the use of the Card that is a result of irregular and unpredictable circumstances beyond Our control and which, despite our best efforts, could not have been prevented, including but not limited to, an error or failure of the data processing systems; (b) the goods or services that You purchase with Your Card; (c) any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; (d) a merchant refusing to honour a transaction or refusing a payment; (e) any acts or omissions that are a consequence of Our compliance with any national or European Union law. 31.2. In addition to the limitations stated in Clause 31.1, our joint liability shall be limited as follows: (a) If Your Card is faulty due to our negligence or the negligence of Currencycloud/TPL, our liability shall be limited to replacing the card or refunding the funds available on Your card to You; or (b) If, as a result of our negligence or the negligence of Currencycloud/TPL, sums have been incorrectly deducted from Your card, our joint liability shall be limited to payment to You of the appropriate amount. 31.3. In all other cases pertaining to our joint negligence, our joint liability shall be limited, subject to Clause 31.1, to the repayment of those funds available on the Card. 31.4. Nothing in this Agreement shall limit or exclude Currencycloud/TPL‘s regulatory duties, which we may not exclude or limit, nor our liability for death or personal injury. 31.5. If you have fraudulently used (or permitted the fraudulent use of) Your card in a manner that is contrary to this Agreement or for other illegal purposes, or if You have allowed Your card or Your data to be compromised as a result of Your gross negligence, You shall be responsible for the use and misuse of the card. We will take all reasonable and necessary steps to recover any damage attributable to Your conduct, including on behalf of Currencycloud/TPL. Your liability shall not be subject to any limitation, unless said limit is established by applicable laws and regulations. This means that You must take good care of Your card and data and act responsibly, otherwise You will be held liable. 31.6. As a responsible issuer of electronic money Currecycloud takes the security of Your money very seriously. Your funds are held in a secure customer account for the specific purpose of carrying out transactions made using Your card. In the unlikely event of insolvency, funds that have reached Currencycloud‘s account are protected from claims by creditors. We will take all reasonable and necessary steps to recover any loss from You, and there shall be no maximum limit to Your liability except where relevant laws or regulations impose such a limit. This means You should take care of Your Card and details and act responsibly, or You will be held liable. 31.7. The UK Financial Services Compensation Scheme (FSCS) does not apply to Your Card. This does mean that in the unlikely event that Currencycloud became insolvent, any funds intended for but not currently held by them on Your Card may become unusable and any funds intended to be associated with Your Card may be lost. By using Your Card and by entering into this Agreement You are indicating that You understand and accept these risks. 31.8. We will not be liable for: (a) any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents us from providing the usual service; (b) any person refusing to accept or honour (or delays in accepting or honouring) your card, card number or PIN, or (c) any cash dispenser failing to issue cash. We will not be liable for the way in which you are told about any refusal or delay. ## 32. Termination of this Agreement 32.1. You may terminate the Services and the Terms by contacting our member services. 32.2. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms. 32.3. You can close your account, and so end the agreement, at any time by letting us know. You should do this through the Incard Dashboard. You will still have to pay any charges you've run up to that point. When you tell us you want to close your account we will give you the opportunity to withdraw the money we hold for you (we call this redemption). If you want us to send you money in a different currency than the currency we're holding for you, we will convert the currency using the rate that applies at the time, and take our usual fee, before sending the money to you. 32.4. Without prejudice to any rights that have accrued under these Terms, or any party’s other rights or remedies, we or you may at any time terminate these Terms with immediate effect by giving written notice to the other if: (a) the other party commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so; (b) the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms; (c) the other party is subject to a bankruptcy, insolvency, winding up or other similar event; and/or (d) if we or a fraud prevention agency determine that you pose a fraud or money laundering risk; (e) the result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from these Terms. 32.5. Without prejudice to any rights that have accrued under these Terms or any of the party’s rights or remedies, we may at any time terminate these Terms with immediate effect by giving written notice to you if: (a) there is a change of Control of you or you dispose of a substantial part of your assets; (b) we are unable to verify your information in the manner set out in these Terms; (c) you are an individual and you die or you are a partnership and your partnership ends; (d) we have reason to believe that your business and/or use of the Services: damages, corrupts, degrades, destroys and/or otherwise adversely affects the Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you; (e) there is a material change in the type of business activities you carry out; (f) there is a significant fluctuation (either positive or negative) in the aggregate number of Incard Transactions you enter into or the average Monthly Top Up Volume; (g) you have acted or omitted to act in any way which we reasonably determine to diminish our or the Incard Card Issuer’s business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or (h) we are unable to provide the Services to you through the inability of any third party to provide us with any good and/or service that we require to provide the Services to you. (i) You act in a demonstrably threatening or offensive manner towards our employees or one of our representatives; (j) You do not pay any fees and charges incurred or do not rectify a balance deficit on Your card within one month. 32.6. Other actions we may take. If you have breached the terms of these Terms (including a breach of your obligation to pay us any amount owing) or we are otherwise entitled to terminate these Terms, we may: (a) suspend your use of the Services in which case we will not treat any order for an Incard Transaction that you may wish to make as being received by us; (b) report any Incard Transaction or any other relevant information about you and your use of the Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or (c) if appropriate, seek damages from you. 32.7. Upon termination of these terms in accordance with clause 37 (Changes to this Agreement) and this clause 32 (Termination): (a) your Incard Account will be closed; (b) you and your Incard Platform Users’ licences to access the Incard Platform will be revoked. 32.8. If these terms are terminated, the Currencycloud Terms and TPL Terms will automatically be terminated. 32.9. Upon the termination of the Agreement, You will be refunded all funds available on your Incard Account free of charge, and subject to the following conditions. Please inform our Customer Service Department, in accordance with Clause 26, as to how You would like us to manage the unused funds available on Your Incard Account. We will, with Currencycloud‘s approval, arrange for a transfer to be made to the bank account from which You initiated the depositing of funds, or which You have designated as the account owner for this purpose. We, or Currencycloud, will not allow Your request for the refunding of Your funds to be executed if we reasonably believe that You have provided false information (personal details), we are concerned about the security of a transaction (use for money laundering, terrorist financing, fraud or other illegal activity) or if Your Incard Account has no balance. 32.10. If You request the redemption of the entire remaining balance, we will assume that You wish to terminate this Agreement and cancel Your card. 32.11. If You wish to terminate the Agreement but have not activated the card or used the card for any payment transaction or purchase, You must return the Physical card (if issued) in this condition to Us unless You can prove to Us that You have rendered the card unusable. If You wish to cancel the Agreement and have already activated the card or used it for payment transactions or purchases, You must prove to us that You have rendered the card unusable. 32.12. If, for any reason, You still have available funds following the termination of Your Agreement, You may arrange for them to be redeemed in full during a period of up to 6 years. 12 months after the termination of Your Agreement, and if funds are still available, We will notify You one month in advance regarding the calculation of an administration fee for expired cards for the administration of funds in accordance with Clause 43. The funds available on your Incard Account will be used to settle this fee. ## 33. Notice 33.1. You agree and consent to electronic receipt of all notices and communications that we provide. We will normally provide notices and communication to you through sending a message. We may also communicate with you via post to the addresses, via email to the email addresses, via SMS and phone call to the mobile phone numbers and via phone to the landline numbers provided to Incard, as same are updated from time to time. The contract and any communication between you and us will be in English. 33.2. It is your responsibility to ensure that you: (a) log onto the Incard Platform regularly; (b) regularly review the Incard Platform, the Website, registered email address and SMSs and open and review communications that we deliver through those means; (c) ensure that contact information stored on the Incard Platform is up to date. 33.3. We on behalf of ourselves, Currencycloud and TPL shall contact you via your mobile phone, the details of which are contained on the Incard Platform, in the event of suspected fraud or security threats, unless we suspect that your mobile phone has been the subject of a security breach in which case we shall contact you by another method that we reasonably believe to be secure. 33.4. Any notice or communication shall be deemed to have been received: (a) if delivered in person, on signature of a delivery receipt or at the time the notice is left at the proper address; (b) if sent by post, at the time of delivery; (c) if sent by next Working Day delivery service at the time recorded by the delivery service; and (d) if sent via the Incard Platform including the member support function, SMS, email or phone call, at the time of transmission. ## 34. Your Personal Information 34.1. Incard uses your data to provide our services to you. 34.2. Each of the parties to these Terms will comply with all applicable requirements of the Data Protection Legislation. For the purposes of these Terms, “Personal Data” and “Data Controller” shall have the meaning given by the Data Protection Legislation. We will protect it in accordance with the Data Protection Act 2018 (DPA 2018). 34.3. When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences. 34.4. When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use it for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. 34.5. The processing of your data is governed by these Terms including our Privacy Policy. (a) We act as Data Controller with respect to Personal Data relating to: (b) You, if you are an individual or a partnership; or (c) your beneficial owners, directors, partners, LLP members if you are a legal entity; This Personal Data which we hold as Data Controller shall be referred to as “Incard Personal Data”. 34.7. Currencycloud acts as Data Controller with respect to Personal Data shared with them for the purpose of issuing and storing Electronic Money. You may contact them through: (a) 34.8. We set out in our Privacy Policy how we handle Incard Personal Data. 34.9. You may utilise third party services that connect directly to your Incard Account pursuant to these Terms, the Currencycloud’s Terms and the TPL Terms. When you provide your account details to those third parties, you remain liable for all activity under your Incard Account and take full responsibility for ensuring that you have appropriate agreements in place with that third party in relation to transfer of data including Personal Data. 34.10. We may transfer Your personal data to a location outside the UK where it is necessary for the provision of our services, such as customer support, account administration or reconciliation, or as a result of Your request, including processing an international transaction. If We transfer personal data outside the UK, We will take steps to ensure that Your data enjoys a level of protection that is, to a significant extent, comparable with that level of protection afforded for data which is processed within the UK. Please note that not all countries have statutory provisions in place governing the protection of personal data, which are comparable to those of the UK. In order to guarantee said protection, We conclude appropriate Agreements with our suppliers and service providers. Before using our products and services, You will have the opportunity to consent to the processing of Your personal data outside the UK. Please note: We cannot provide You with Our services without this consent. 34.11. We reserve the right to transmit the information or Personal Data about you as well as activity in your Incard E-Money Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated. 34.12. Among other things, You have the right to request details of the personal data stored about You, and to restrict or revoke the processing of such data. You may exercise these rights by contacting us in writing or in electronic form in accordance with Clause 26. Where permitted by law, we may charge a fee for this service. ## 35. Confidentiality 35.1. The provisions of this clause shall not apply to any Confidential Information that: (a) is or becomes generally available to the public (other than as a result of its disclosure by the Incard or its Representatives in breach of this clause); (b) was available to Incard on a non-confidential basis before disclosure by Incard; (c) was, is or becomes available to Incard on a non-confidential basis from a person who, to Incard’s knowledge, is not bound by a confidentiality agreement or is otherwise prohibited from disclosing the information to Incard; or (d) the parties agree in writing is not confidential or may be disclosed; or (e) is developed by or for the receiving party independently of the information disclosed by the disclosing party. 35.2. Incard shall keep your Confidential Information confidential and shall not: (a) use such Confidential Information except for the purpose of exercising or performing its rights and obligations under or in connection with this agreement (the “Permitted Purpose”); or (b) disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause 35. 35.3. Incard may disclose your Confidential Information to its Representatives who need to know such Confidential Information for the Permitted Purpose and to its Partners for the purpose of improving its or its Partners business processes, provided that: (a) it informs such Representatives and/or Partners of the confidential nature of the Confidential Information before disclosure; and (b) it procures that its Representatives and/or Partners shall, in relation to any Confidential Information disclosed to them, comply with obligations which are similar to those set out in this clause; and (c) at all times, it is liable for the failure of any Representatives or Partners to comply with the obligations set out in this clause 35. 35.4. Incard may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction. 35.5. On termination of this agreement, Incard shall keep your Confidential Information safe and shall not be under an obligation to return Confidential Information to you or delete the Confidential Information it holds unless required to do so by law. 35.6. The provisions of this clause 35 shall continue to apply after termination of this agreement. ## 36. Intellectual Property 36.1. We own all the intellectual property in our products (for example, the content in the Incard Dashboard and on our website, and our logo and card designs). You must not use our intellectual property as your own. 36.2. We own all intellectual property in our products, including but not limited to any content in the Incard website, mobile app, card designs, dashboards, scripts. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Incard’s intellectual property includes all logos related to the Services. You may not copy, imitate or use Incard’s intellectual property rights without prior written consent. 36.3. We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and are free to use them as we see fit. 36.4. Nothing in these Terms grants you any legal rights in the Incard Platform, the and/or the Website, other than as set out in these Terms. You agree not to adjust or try to circumvent or delete any notices contained on the Incard Platform (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Incard Platform. ## 37. Changes to the Agreement 37.1. Subject to the remaining provisions of this clause 37, this contract may be changed by us at any time for legal, regulatory, economic or security reasons, in order to enable the correct offer of the card system or to improve it, or for any other reason. 37.2. If any changes are made they will be published on Our Website at least 2 months before the changes take effect (unless the law requires or permits Us to make a more immediate change or in the event of a change to the exchange rate). Copies of the most up-to-date version of the Agreement will be made available on Our Website at all times and will be sent to You by email upon request free of charge at any point during the Agreement. If You do not accept the change, You may invoke the extraordinary termination of this Agreement free-of-charge before the expiry of said deadline. 37.3. We may need to amend this Agreement without notice or with less than 2 months notice. However, this would only take place on a very rare basis and exclusively for legal, regulatory or security reasons, or for the purpose of providing the card system in a compliant manner. In such a case, we will inform You of the changes made with as much advance notice as possible or, if that is not possible, as soon as the changes take effect. In this case You have the right to terminate the Agreement retroactively within one month after notification. ## 38. Law and Courts 38.1. This Agreement, along with any relationship between you and us arising out of or in connection with this Agreement, shall be governed by the laws of England and Wales. Any disputes arising out of or in connection with this Agreement shall fall within the exclusive jurisdiction of the courts of England and Wales. ## 39. Assignment 39.1. If you do not meet your payment obligations mentioned in these terms and conditions even after 2 reminders, we may assign the corresponding claim to a debt collection agency. 39.2. In addition to that we may assign rights and obligations under this Agreement to another company at any time. We will inform You thereof 2 months in advance. Your rights stemming from this Agreement remain unaffected in this case. If You refuse the assignment within the 2 months, You may invoke the extraordinary termination of this Agreement and apply for a free-of-charge refund of Your available funds in accordance with Clause 32.8. 39.3. You will indicate agreement to the assignment by the continued use of the card following the 2 months’ notice period. ## 40. Severability Clause If any term or provision of this Agreement is found to be unlawful or unenforceable, in whole or in part, pursuant to any law (or corresponding principle), said term or provision (or part thereof) shall not be deemed part of the Agreement to that extent, without prejudice to the validity and enforceability of the remainder of the Agreement. In such a case, the contracting parties shall undertake, taking into account the principle of good faith, to replace the invalid term or provision with a valid term or provision, which comes as close as possible to the meaning and purpose of the invalid term or provision, and which can be assumed to have been agreed by the parties at the time of conclusion of the Agreement, had they known or been able to foresee its invalidity or nullity. ## 41. Limits on Your Incard Account 41.1. We reserve the right to impose at our sole discretion Account Limits based on criteria determined by us that do not have to be disclosed. Account Limits might be imposed upon the following: (a) the maximum balance of each Incard E-Money Account; (b) the amount of a single Faster Payment, SWIFT, SEPA, CHAPS and BACS credit you can receive into a Incard E-Money Account; (c) the amount of a single Faster Payment, SWIFT, SEPA, BACS, international payment or direct debit you can make out of a Incard E-Money Account; (d) the total amount of Faster Payments, international payments and direct debits you can make out of your Incard E-Money Accounts in each calendar month; (e) the amount of Electronic Money Exchanges you can enter into, per transaction and per month; (f) the amount of Incard Card Transactions that can be entered into by the Incard Cardholders per month; (g) the amount of Incard Card Transactions that can be entered into by each Incard Cardholder per day; (h) the amount of Cash Deposits that can be made per deposit and per month; (i) the amount of ATM Withdrawals that can be entered into by each Incard Cardholder (j) and each Incard Account in a given day. 41.2. The Account Limits are not fixed. If you would like to find out more information about your Account Limits and whether or not your Account Limits can be increased or decreased, please get in touch via the customer support on the Incard Platform - we may be able to provide you with procedures or methods to vary such Account Limits, for example, by you providing us with supplemental information. ## Schedule 1 ### Definitions **“Agreement”** means these terms and conditions. **“Applicable Law”** means (i) any law, regulation or generally accepted practices or guidelines in the relevant jurisdictions applicable to the Parties from time to time (ii) the operating rules, regulations and guidelines and technical standards promulgated from time to time by any organization which apply in respect of the Authorised Products (including, without limitation, any Network); and (iii) Sanctions; **"ATM"** means automatic teller machine or cashpoint facility or cash dispenser means an Incard Cardholder using his/her Incard Card and PIN to redeem Electronic Money from your Incard E-Money Account and obtaining the equivalent amount of cash from an ATM with or without an Electronic Money Exchange taking place; **“Available Funds”** means at any given time any unspent funds loaded onto Your Card which are available to pay for transactions and fees and charges payable under this Agreement. **“Beneficiary”** means the person that you wish to send money to. **“Beneficiary Bank Account”** means the account of the Beneficiary where you wish to send money, be it a bank account, electronic money account or otherwise. **“Business Day”** means any day between and including Monday to Friday, between 9am and 5pm (UK time) except for bank or public holidays in England and Wales. **“Incard”** or **“VISA Platinum® Card”** means a Physical or Virtual electronic money card issued by TPL which allows Incard Cardholders to enter into Incard Card Transactions pursuant to the TPL Terms which is produced by us with the authorisation of TPL and sent to You. **“Confidential Information”** means all information, data, practices and techniques relating to a Party, or a related body corporate, customers, competitors, business, operations, strategies, computer systems, marketing systems and intellectual property or other property of which the other party becomes aware in negotiating or performing this Agent Agreement, the terms of this Agent Agreement and arranging the Authorised Products under this Agent Agreement. **“Contactless”** means a payment feature that provides You with a way to pay by tapping the Card on a point–of–sale terminal reader for transactions of up to a specified limit. **"Corporate Cards Terms And Conditions"** means the terms and conditions related to the corporate cards provided by TPL and it constitutes the agreement between TPL and You. **“Currencycloud”** means The Currency Cloud Limited, a company incorporated in the England under company registration number 06323311 and whose registered office is at Stewardship Building 1st Floor, 12 Steward Street London E1 6FQ and is registered and authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 for the issuing of electronic money and the provision of payment services (FRN: 900199). (“TCCL”). **“Currency Cloud Terms”** means the Currency Cloud terms of use which can be found [here](https://go.currencycloud.com/hubfs/Product/Legal/Currencycloud-Terms-UK-Agent.pdf). **“Currency Cloud Services”** means Currencycloud’s cross border payment and currency conversion services, including the Currencloud BV Service, Currency Cloud Inc. Service and the Currency Cloud Limited Service. **“The Currency Cloud Limited Service”** means the payment and currency conversion service provided by The Currency Cloud Limited that enables you to store, convert and pay-out funds via international payments. **“Currency Cloud Inc. Service”** means the payment facilitation service provided by Currency Cloud Inc. that enables you to settle U.S. Dollar funds held in the United States directly to the Customers’ respective accounts with Currencycloud in U.S. Dollars. The Currency Cloud Inc. Service may be provided by the Bank, to which Currency Cloud Inc. is a service provider. **“Currency Cloud Limited Service”** means the payment and currency conversion service provided by Currency Cloud Limited that enables Customers to store, convert and pay-out funds via international payments. **“Electronic Money”** means electronically stored value as represented by a claim against Currencycloud (where the currency of the Electronic Money is GBP). **“Electronic Money Exchange”** means using Electronic Money in one currency to purchase Electronic Money in another currency using our standard exchange rate. **“Eligible Transactions”** means both the receipt of money by Currencycloud on behalf of Incard via Faster Payments, CHAPS and SWIFT and the corresponding issuance of Electronic Money into one of your Incard E-Money Accounts and the redemption of Electronic Money in one of your Incard E-Money Accounts and sending the corresponding money out via Faster Payments. **“EMD Agent”** has the meaning set out in the Electronic Money Regulations 2011 (UK). **“Expiry Date”** means the date printed on Your Card which is the date Your Card will cease to work. **“Fee”** means any fee payable by You to us in respect of this Agreement. **“Incard” or “VISA Platinum® Card”** means a Physical or Virtual electronic money card issued by TPL which allows Incard Cardholders to enter into Incard Card Transactions pursuant to the TPL Terms. **“Incard Card Issuer”** means TPL. **“Incard Card Purchase”** means an Incard Cardholder using his/her Incard Card to purchase goods and/or services from a merchant whereby the Electronic Money in the associated Incard GBP E-Money Account is redeemed and the equivalent amount of money is sent to the relevant merchant, through the card schemes, with or without an Electronic Money Exchange taking place, pursuant to the TPL Terms. **“Incard Card Transaction”** means an Incard Card Purchase, an ATM Withdrawal and a Cash Deposit pursuant to the TPL Terms. **“Incard Cardholder”** means a person who has been issued with an Incard Card from the Incard Card Issuer and is able to enter into Incard Card Transactions. **“Incard E-Money Accounts”** means both your Incard GBP E-Money Account. **“Incard Payment”** means the payment and currency conversion service provided by Currency Cloud that enables you to receive, convert and pay-out funds via domestic and international payments. **“Incard Starter Subscription Fees”**, **“Incard Premium Subscription Fees”** and **“Incard Elite Subscription Fees”** means the monthly Fees payable by Incard Starter Businesses, Incard Premium Businesses, Incard Elite Businesses respectively for the Incard Starter service, the Incard Premium service and the Incard Elite service. **“Incard Starter Business”**, **“Incard Premium Business”**, **“Incard Elite Business”** means you, if you avail of respectively the Incard Starter service, the Incard Premium service or the Incard Elite service. **“Incard Transactions”** means both Incard Platform Transactions and Incard Card Transactions. **“KYC”** means Know Your Customer and defines a process by which customer identification verification is carried out to allow features and functions on Your card. **“Mobile App”** means Incard’s mobile application which gives Incard Platform Users the ability to access the Incard Platform. **“Monthly Top Up Volume”** means the total amount of money Currencycloud receives on your behalf during the course of a month, measured in GBP. Money Incard receives on your behalf which is not GBP shall be converted to GBP using our standard exchange rate for the purposes of calculating the Monthly Top Up Volume. **“Partner”** means any of Incard’s business partners including TPL, Currencycloud and any other third-party providers which are associated with your Incard Account. **“Payment Services”** has the meaning set out in the Payment Services Regulations 2017 (UK). **“Payments”** means Currencycloud Payments. **“PIN”** means Your unique personal identification number which is provided to You for use with Your Card. **“PSD 2”** means the Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC and shall include any subsidiary legislation, codes, notices and guidelines promulgated in relation there to and as amended from time to time; **“We”, “Us”, “Our” or “Incard”** means INCARD LTD, in England and Wales with company number 13073893 and whose registered office is at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ, Your contractor (We are the agent of The Currency Cloud Limited); **“Restricted Country”** means a country that is sanctioned or high risk or that Incard otherwise does not accept as a country you can send money to, spend money in or receive money from, further details of which can be found on the following weblink: **“SEPA”** means a SEPA payment for cross-border Euro bank transfers. **“SEPA Region”** means the Single European Payments Area which consists of, at the time of drafting these Terms, all the member states of the European Union, Iceland, Liechtenstein, Norway, Switzerland, Andorra, Monaco and San Marino. **“Service providers”** means the third parties providing services (includes but not limit to the services which maintain a segregation bank accounts for you, App / website, and others service you want) to Incard for the service mentioned in the Agreement. **“SWIFT”** means SWIFT payments which are the type of international transfer sent using the Society for Worldwide Interbank Financial Telecommunications. **“Terms”** means these terms and conditions, the Website Terms, the Cookie Policy, the Privacy Policy and the Website Acceptable Use Policy. **“TPL”** means Transact Payments Limited, the issuer of cards for your account and is regulated by the Gibraltar Financial Services Commission (GFSC). The Gibraltar Financial Services Commission regulates the financial services industry in Gibraltar. **“TPL Terms”** means the TPL terms of use which can be found here. **“You” or “Your”** refers to the cardholder or a person/employee of a company who has received the card and authorised to use the card as provided under the terms of this Agreement. **“Service providers”** means the third parties providing services (includes but not limited to the services which maintain a segregation bank accounts for you, App / website, and others service you want) to Incard for the service mentioned in the Agreement. **“Data Protection Legislation”** means all applicable data protection and privacy legislation in force from time to time in the UK includingThe Data Protection Act 2018 (the “DPA 2018”, the United Kingdom General Data Protection Regulation (the “UK GDPR”) and The Privacy and Electronic Communications Regulations (“PECR”). **“Unique Identifiers”** means the details of a bank account or electronic money account which it is essential that: 1. Incard Platform Users enter correctly in order execute a Payment correctly, further details of which are set out in clause 11.4; and 2. third parties enter correctly in order to send money to your Incard E-Money Accounts. **“Website”** means our general website, the web address of which is [www.incard.co](http://www.incard.co). **“Website Acceptable Use Policy”** means the website acceptable usage policy which can be found on our Website. **“Website Terms”** means the terms and conditions regarding the use of our Website which can be found on our Website. **“Working Day”** means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. **“You” or “Your”** refers to the cardholder or a person/employee of a company who has received the card and authorised to use the card as provided under the terms of this Agreement. # \[Archive] Business Fees - INCARD Last Update: 24 July 2024 Open your custom business account. Select the subscription designed for you. Adjust or cancel anytime. ## INCARD SUBSCRIPTION - UK ## **1. Subscriptions** #### **SUBSCRIPTION FEE** £79.00 a month or £804 a year (if you pay yearly).
## **2. Add Funds** #### **ADD MONEY** Add money by bank transfer to your home account. * Free.
## **3. Cards** #### **FIRST INCARD CARD** * Free. Your 2 (two) first Regular Incard cards are free. Outside of your plan allowance, we charge a £9.99 fee per additional Regular Incard Card. #### **INCARD METAL CARD** * £69. We charge a £69 fee per Incard Metal Card. #### **VIRTUAL INCARD CARD** * Your 10 first Virtual Incard Cards are free. Outside of your plan allowance, we charge a £2 fee per extra Virtual Incard Card per month. * Free. ## **4.** Transfer Without Borders #### **TRANSFER TO INCARD ACCOUNTS** * Free. #### **LOCAL PAYMENTS** * Free. The first 100 local payments are free. This means payments in your base currency that are sent to an account in your country. Outside of your plan allowance, we charge a £0.30 fee per local payment. #### **PAYMENTS WITHIN THE SINGLE EUROPEAN PAYMENT AREA** * Free. This means payments in euros that are sent to an account outside your country but inside the Single Euro Payments Area (known as "SEPA"). We count payment in SEPA as a local payment, the first 100 local payments are free. Outside of your plan allowance, we charge a £0.30 fee per local payment. #### **INTERNATIONAL PAYMENTS & SWIFT SHA** * Free. As a user under the INCARD plan, the first 5 international payments are free. Outside of your plan allowance, we charge a £5 fee per international payment. You will always see the fee in the app before confirming the transfer. #### **SWIFT OUR** * £20. If you select the option “OUR” when creating a SWIFT payment, we charge a £20 fee per payment. When making an international payment, intermediary banks may deduct fees from the amount you send. Our “OUR” feature lets you pay a flat upfront fee, ensuring the recipient receives the full amount. This replaces the standard international payment fee. The fee amount depends on your base currency and may change over time, but you will always see the current fee in the app before confirming the transfer. You can view our current fees and the available routes for this feature on our pricing page here. ## **5. Exchange** #### **CURRENCY EXCHANGE** * 0.6%. When you exchange currencies with Incard, the applicable rate includes the following components: * The interbank rate. * A 0.6% fee during market hours and a 1% fee outside market hours. Whenever possible, the rate, any applicable fees, and the total cost will be displayed in the app before you make an exchange. The only exception is when you make a card purchase that requires a real-time currency exchange (for example, if you make a purchase in USD but don't have enough USD in your USD balance, necessitating an immediate conversion). In such cases, the total cost cannot be shown in advance, but you will be able to view a detailed breakdown of the cost in the app after the transaction. ## **6. Spend** #### **CARD PAYMENT** * Free. #### **ATM WITHDRAWAL DOMESTIC** * 2%. A 2% fee applies to domestic ATM withdrawals. Some merchants in certain countries may charge an extra fee for card payments, which will be disclosed at the time of purchase. #### **ATM WITHDRAWAL INTERNATIONAL** * 2.5%. A 2.5% fee applies to international ATM withdrawals. In some countries, additional fees or surcharges may be imposed by the ATM provider or financial institution, which we do not control or know about. #### **FX FEE (MARK-UP ON THE VISA RATE\*)** * 1% A fee applies to all transactions (payments and withdrawals) made in a currency different from the Card's currency. \*The Visa Rate is the exchange rate used by Visa for currency conversions. You can check it here: [Visa Exchange Rate Calculator](https://www.visa.co.uk/support/consumer/travel-support/exchange-rate-calculator.html). #### **CHARGEBACKS** * £25. This fee is not charged when the chargeback proves to be genuine. ## **7. USERS** #### **USER SEATS** * Free. As an INCARD user, your 3 first User Seats are free. Outside of your plan allowance, we charge a £12 fee per additional User Seat per month. ## **8. Integrations** #### **PLATFORM INTEGRATIONS** * Free. As a user under the INCARD plan, you can integrate up to 5 platforms and/or banks for free. We will charge a £5 fee per extra connection per month. ## **9. Rewards** #### **CASHBACK REVENUES** * 0.5%. We offer 0.5% cashback on points earned from eligible purchases. Please refer to the [reward policy](/other-terms/rewards-policy) for more details. There is no limit to how much you can earn. # \[Archive] Referral Program Terms (EEA) Last Updated: July 24, 2024 These Referral Program Terms, established between you and Incard, outline and regulate your participation in the Incard Referral Program. This program allows eligible users to refer potential customers to Incard through a Referral Link. The Terms, along with our Privacy Policy, General Services Agreement and any other terms and conditions that apply to our services or the services provided to you by any of our partners, form a legal agreement between you, the legal person represented by an authorised representative (“you” and “your”), and Incard Europe Limited (“Incard”, “we”, “us”, “our”). Your participation is subject to these terms and conditions. Capitalized terms used in these Rewards Terms have the meanings provided in the Defined Terms below, or as defined in the General Services Agreement. We may update or revise these Referral Program Terms by posting the latest version on our website. ## 1. Your Eligibility To be eligible to participate in the Referral Program you must abide by these Referral Program Terms and be an individual who is at least 18 years old and legally permitted to receive Referral Credits. You are prohibited from participation in the Referral Program if: 1. you were a User on a Incard Account that was terminated by Incard for any reason; 2. you are legally or contractually prohibited from receiving Referral Credits; 3. Incard determines that you violated any provision of these Referral Program Terms, guidelines related to the Referral Program, or other agreement you have with Incard. ## 2. Steps To Become Our Brand Advocate To become a Brand Advocate, you must submit an application through our program on the [Incard website affiliation page](https://incard.co/affiliate). Upon approval of your profile, at Incard’s discretion, you will be provided with: 1. A unique affiliate link; 2. The commission amount applicable for each eligible referral; 3. Any additional benefits or advantages associated with your affiliate link, either for you or for the referee; 4. The definition of Active User. You may then share your link on your website, blog, social media platforms, videos, and other approved channels as frequently as you wish - respecting the Restrictions defined in these Terms. ## 3. Eligible Referrals If you are permitted to participate in this Referral Program, you will receive a Referral Link to share with potential Incard customers. For a referral to be valid, the referred individual or entity must use your Referral Link. Incard reserves the right to approve or reject applications from referrals based on criteria it deems appropriate, whether or not such criteria are publicly disclosed. A referral will be considered valid as soon as the Referee qualifies as an Active User, as defined separately by Incard, at the time you are approved as a Brand Advocate. Referrals will not be eligible for Referral Credits if they have previously attempted to open an Incard account, engaged in activities listed on the Prohibited Activities List, or failed to meet our approval criteria. If a referral is submitted by another referrer, you will only receive Referral Credits if your Referral Link is associated with the application that is approved by Incard. ## 4. Referral Links and Referral Credits Referral Links may only be used by you in conjunction with this Referral Program. You may not transfer them to a third party or sell or attempt to sell them. Incard may limit access or use of Referral links, or establish maximum Referral Credits, at any time and in its sole discretion. Incard owns all rights in Referral Links and any content or intellectual property associated with it. Incard will provide any earned Referral Credits to you in a manner stated on your referral page (for example, as points attributed to your Incard Account or as a gift card). Incard may withhold Referral Credits that you are otherwise entitled to if we believe that you breached these Referral Program Terms or other agreements with Incard, if you engaged in activity that was illegal or fraudulent, or if we determine that a Referral Credit was provided to you erroneously. You are responsible for all taxes arising from or related to Referral Credits you receive. Incard will not report any income or earnings related to Referral Credits to taxing authorities except where required under law.
## 5. Restrictions As part of this Referral Program, you agree to: 1. Not represent yourself as an employee or agent of Incard, nor suggest any affiliation or partnership with Incard, or claim to be authorized to speak on behalf of Incard.; 2. Not send unsolicited messages through any medium (email, phone, fax, social media, etc.), nor use automatic dialing apps, scripts, or bots to send messages to third parties. You will always comply with applicable laws. 3. Always send Referral Links as your true self, without impersonating or claiming to represent real or fictitious third parties, and avoid engaging in any actions that may be considered unfair, deceptive, or abusive acts or practices (UDAAP) or fraud. 4. Not create or use Referral Links in any context that violates individual rights, promotes violence, hate, or discrimination, or is obscene or offensive. 5. Not use the name "Incard" or the Incard logo in any public advertising or marketing unless expressly permitted to do so by Incard in writing. 6. Not infringe upon the privacy or intellectual property rights of third parties. Violation of this section will result in your termination from the Referral Program and forfeiture of any Referral Credits that you have not already received. ## 6. Termination These Referral Program Terms are effective as of the time you first send or generate a Referral Link and will terminate upon Notice by either you or Incard to the other party. Incard may terminate these Referral Program Terms upon Notice to you at any point in time. ## 7. Other Legal Terms These Referral Terms are incorporated into the General Services Agreement and are governed by the same laws. Incard's maximum liability to you for direct damages under these Referral Program Terms is limited to the total Referral Credits paid or payable to you in the preceding three-month period. Incard is not liable for consequential, indirect, special, or punitive damages, or for lost profits or revenue, whether or not you have informed us of their possibility. This limitation applies regardless of the legal theory on which your claim is based. Incard may modify these Referral Program Terms at any time by posting an updated version on our Referrals page. ## 8. Entire Agreement These Referral Program Terms constitute the entire understanding between you and Incard regarding the subject matter described herein and will be supplemented by your acceptance email from Incard upon approval to participate in the Referral Program. No other agreements, representations, or warranties shall be binding unless expressly stated in these Referral Program Terms or the acceptance email, and any additional agreements must be in writing and signed by both the Company and Incard. ## 9. Defined Terms Capitalized Terms in these Incard Referral Terms will have the meaning provided in the Platform Agreement or as defined below: Active Users as defined in your referral acceptance email. Acceptance Email means the official email communication sent to you by Incard approving your application and confirming the (a) your affiliation link, (b) the commission amount applicable to each valid referral, (c) the definition of an Active User. Platform Agreement means the Incard General Service Agreement. Referral means a company that has not previously submitted an application for an Incard Account and submits an application for an Incard Account using your Referral Link. Referral Program Terms means these Incard Referral Program Terms as amended from time to time. Referral Credit means a monetary amount (such as real cash, gift card or other monetary credit) or other benefit conferred by Incard (such as a credit of points to a Incard Account) for a Successful Referral. Referral Link means a URL provided by Incard to you that can be provided by you to companies that you wish to refer to Incard. Referral Program means the Program described on our website as governed by these Referral Terms. Successful Referral means a Referral meets the criteria specified in these Referral Terms and has an application approved by Incard. Third-Party Referrers means third parties that are not affiliated with an Incard Account that participate in the Referral Program. And “you” means the natural person executing this agreement or providing Referrals to Incard.
# \[Archive] TPL Privacy Policy This policy explains when and why we collect personal information about you, how we use it, the conditions under which we may disclose it to others and how we keep it secure. TPL is committed to safeguarding the privacy of your information. By “your data”, "your personal data”, and “your information” we mean any personal data about you which you or third parties provide to us. We may change this Policy from time to time so please check this page regularly to ensure that you’re happy with any changes. **Who are we?** Transact Payments Limited (“TPL”, “we”, “our” or “us”) is the issuer of your card and is the Data Controller for the personal data which you provide to us in relation to the card only. TPL is an e-money institution, authorised and regulated by the Gibraltar Financial Services Commission. Our registered office address is 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA and our registered company number is 108217. Incard Limited is the Program Manager for your card program and is the Data Controller for any personal data which you provide which is not related to the card. Incard Limited is incorporated and registered in England and Wales with registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ and company registration number 13073893. **How do we collect your personal data?** We collect information from you when you apply online or via a mobile application for a payments card which is issued by us. We also collect information when you use your card to make transactions. We may also process information from Program Manager, other third-party payment partners and service providers. We also obtain information from third parties (such as fraud prevention agencies) who may check your personal data against any information listed on an Electoral Register and/or other databases. When we process your personal data, we rely on legal bases in accordance with data protection law and this privacy policy. For more information see: ***On what legal basis do we process your personal data?*** **On what legal basis do we process your personal data?** Contract Your provision of your personal data and our processing of that data is necessary for each of us to carry out our obligations under the contract (known as the Cardholder Agreement or Cardholder Terms & Conditions or similar) which we enter into when you sign up for our payment services. At times, the processing may be necessary so that we can take certain steps, or at your request, prior to entering into that contract, such as verifying your details or eligibility for the payment services. If you fail to provide the personal data which we request, we cannot enter into a contract to provide payment services to you or will take steps to terminate any contract which we have entered into with you. Legal/Regulatory We may also process your personal data to comply with our legal or regulatory obligations. Legitimate Interests We, or a third party, may have a legitimate interest to process your personal data, for example: * To analyse and improve the security of our business; * To anonymise personal data and subsequently use anonymized information. **What type of personal data is collected from you?** When you apply for a card, we, or our partners or service providers, collect the following information from you: full name, physical address, email address, mobile phone number, phone number, date of birth, gender, login details, IP address, identity and address verification documents. When you use your card to make transactions, we store that transactional and financial information. This includes the date, amount, currency, card number, card name, account balances and name of the merchant, creditor or supplier (for example a supermarket or retailer). We also collect information relating to the payments which are made to/from your account. **How is your personal data used?** We use your personal data to: \- set up your account, including processing your application for a card, creating your account, verifying your identity and printing your card. \- maintain and administer your account, including processing your financial payments, processing the correspondence between us, monitoring your account for fraud and providing a secure internet environment for the transmission of our services. \- comply with our regulatory requirements, including anti-money laundering obligations. \- improve our services, including creating anonymous data from your personal data for analytical use, including for the purposes of training, testing and system development. **Who do we share your information with?** When we use third party service partners, we have a contract in place that requires them to keep your information secure and confidential. We may receive and pass your information to the following categories of entity: * identity verification agencies to undertake required verification, regulatory and fraud prevention checks; * information security services organisations, web application hosting providers, mail support providers, network backup service providers and software/platform developers; * document destruction providers; * Mastercard, Visa, digital payment service partners or any third-party providers involved in processing the financial transactions that you make; * anyone to whom we lawfully transfer or may transfer our rights and duties under this agreement; * any third party as a result of any restructure, sale or acquisition of TPL or any associated entity, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us. * regulatory and law enforcement authorities, whether they are outside or inside of the United Kingdom (UK) or European Economic Area (EEA), where the law requires us to do so. **Sending personal data overseas** To deliver services to you, it is sometimes necessary for us to share your personal information outside the UK/Gibraltar e.g.: * with service providers located outside these areas; * if you are based outside these areas; * where there is an international dimension to the services we are providing to you. These transfers are subject to special rules under Gibraltar data protection law. These countries do not have the same data protection laws as Gibraltar. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. We will send your data to countries where the Gibraltar Government has made a ruling of adequacy, meaning that they have ruled that the legislative framework in the country provides an adequate level of data protection for your personal information. You can find out more about adequacy regulations [here](https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en) and [here](https://www.gov.uk/government/publications/uk-approach-to-international-data-transfers/international-data-transfers-building-trust-delivering-growth-and-firing-up-innovation). Where we send your data to a country where no adequacy decision has been made, our standard practice is to use standard data protection contract clauses that have been approved by the United Kingdom government and/or the European Commission. You can obtain a copy of the European Commission’s document [here](https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj) and the UK’s document [here](https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fico.org.uk%2Fmedia%2Ffor-organisations%2Fdocuments%2F4019535%2Faddendum-international-data-transfer.docx\&wdOrigin=BROWSELINK). If you would like further information, please contact our Data Protection Officer on the details below. **How long do we store your personal data?** We will store your information for a period of five years after our business relationship ends in order that we can comply with our obligations under applicable legislation such as anti-money laundering and anti-fraud regulations. If any applicable legislation or changes to this require us to retain your data for a longer or shorter period of time, we shall retain it for that period. We will not retain your data for longer than is necessary. **Your rights regarding your personal data?** You have certain rights regarding the personal data which we process: * You may request a copy of some or all of it. * You may ask us to rectify any data which we hold which you believe to be inaccurate. * You may ask us to erase your personal data (where applicable). * You may ask us to restrict the processing of your personal data. * You may object to the processing of your personal data (where applicable). * You may ask for the right to data portability. * If you would like us to carry out any of the above, please email your request to the Data Protection Officer at . **How is your information protected?** We recognise the importance of protecting and managing your personal data. Any personal data we process will be treated with appropriate care and security. These are some of the security measures we have in place: * We use a variety of physical and technical measures to keep your personal data safe. * We have detailed information and security policies to ensure the confidentiality, integrity, and availability of information. * Your data is stored securely on computer systems with control over access on a limited basis. * Our staff receives data protection and information security training on a regular basis. * We use encryption to protect data at rest and anonymization where applicable. * We have adequate security controls to protect our IT infrastructure and staff computers including but not limited to Identity and Access Management, Firewalls, VPN, Antivirus, Advanced Email Threat Protection and more. * We conduct regular audits such as PCI-DSS to ensure we are following adequate security controls to protect your data. While we take all reasonable steps to ensure that your personal data will be kept secure from unauthorised access, we cannot guarantee it will be secure during transmission by you to the applicable mobile app, website or other services over the internet. However, once we receive your information, we make appropriate efforts to ensure its security on our systems. **Complaints** We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your personal information. The [General Data Protection Regulation](http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679\&from=EN) also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in Gibraltar is the Gibraltar Regulatory Authority. Their contact details are as follows: Gibraltar Regulatory Authority, 2nd floor, Eurotowers 4, 1 Europort Road, Gibraltar. (+350) 20074636/(+350) 20072166 **Other websites** Our website may contain links to other websites. This privacy policy applies only to our website‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website. **Changes to our Privacy Policy** We keep our Privacy Policy under review and we regularly update it to keep up with business demands and privacy regulation. We will inform you about any such changes. This Privacy Policy was last updated on 28th February 2023. **How to contact us** If you have any questions about our Privacy Policy or the personal information which we hold about you or, please send an email to our Data Protection Officer at . Version: 1.0 **TPML Privacy Policy** This policy explains when and why we collect personal information about you, how we use it, the conditions under which we may disclose it to others and how we keep it secure. TPML is committed to safeguarding the privacy of your information. By “your data”, "your personal data”, and “your information” we mean any personal data about you which you or third parties provide to us. We may change this Policy from time to time so please check this page regularly to ensure that you’re happy with any changes. **Who are we?** Transact Payments Malta Limited (“TPML”, “we”, “our” or “us”) is the issuer of your card and is the Data Controller for the personal data which you provide to us in relation to the card only. TPML is an e-money institution, authorised and regulated by the Malta Financial Services Authority. Our registered office address is Vault 14, Level 2, Valletta Waterfront, Floriana, FRN 1914, Malta and our registered company number is C91879. Incard Europe Limited is the Program Manager for your card program and is the Data Controller for any personal data which you provide which is not related to the card. Incard Europe Limited is incorporated and registered in Malta with registered office at Level 5, St Julian's Business Centre Elia Zammit Street, ST. JULIANS, Malta and company registration number C98684. **How do we collect your personal data?** We collect information from you when you apply online or via a mobile application for a payments card which is issued by us. We also collect information when you use your card to make transactions. We may also process information from Program Manager, other third-party payment partners and service providers. We also obtain information from third parties (such as fraud prevention agencies) who may check your personal data against any information listed on an Electoral Register and/or other databases. When we process your personal data, we rely on legal bases in accordance with data protection law and this privacy policy. For more information see: ***On what legal basis do we process your personal data?*** **On what legal basis do we process your personal data?** Contract Your provision of your personal data and our processing of that data is necessary for each of us to carry out our obligations under the contract (known as the Cardholder Agreement or Cardholder Terms & Conditions or similar) which we enter into when you sign up for our payment services. At times, the processing may be necessary so that we can take certain steps, or at your request, prior to entering into that contract, such as verifying your details or eligibility for the payment services. If you fail to provide the personal data which we request, we cannot enter into a contract to provide payment services to you or will take steps to terminate any contract which we have entered into with you. Legal/Regulatory We may also process your personal data to comply with our legal or regulatory obligations. Legitimate Interests We, or a third party, may have a legitimate interest to process your personal data, for example: * To analyse and improve the security of our business; * To anonymise personal data and subsequently use anonymized information. **What type of personal data is collected from you?** When you apply for a card, we, or our partners or service providers, collect the following information from you: full name, physical address, email address, mobile phone number, phone number, date of birth, gender, login details, IP address, identity and address verification documents. When you use your card to make transactions, we store that transactional and financial information. This includes the date, amount, currency, card number, card name, account balances and name of the merchant, creditor or supplier (for example a supermarket or retailer). We also collect information relating to the payments which are made to/from your account. **How is your personal data used?** We use your personal data to: \- set up your account, including processing your application for a card, creating your account, verifying your identity and printing your card. \- maintain and administer your account, including processing your financial payments, processing the correspondence between us, monitoring your account for fraud and providing a secure internet environment for the transmission of our services. \- comply with our regulatory requirements, including anti-money laundering obligations. \- improve our services, including creating anonymous data from your personal data for analytical use, including for the purposes of training, testing and system development. **Who do we share your information with?** When we use third party service partners, we have a contract in place that requires them to keep your information secure and confidential. We may receive and pass your information to the following categories of entity: * identity verification agencies to undertake required verification, regulatory and fraud prevention checks; * information security services organisations, web application hosting providers, mail support providers, network backup service providers and software/platform developers; * document destruction providers; * Mastercard, Visa, digital payment service partners or any third party providers involved in processing the financial transactions that you make; * anyone to whom we lawfully transfer or may transfer our rights and duties under this agreement; * any third party as a result of any restructure, sale or acquisition of TPML or any associated entity, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us. * regulatory and law enforcement authorities, whether they are outside or inside of the European Economic Area (EEA), where the law requires us to do so. **Sending personal data overseas** To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.: * with service providers located outside the EEA; * if you are based outside the EEA; * where there is an international dimension to the services we are providing to you. These transfers are subject to special rules under European and Malta data protection law. These non-EEA countries do not have the same data protection laws as Malta and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. We will send your data to countries where the European Commission has made an adequacy decision, meaning that it has ruled that the legislative framework in the country provides an adequate level of data protection for your personal information. You can find out more about this [here](https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en). Where we send your data to a country where the European Commission has not made an adequacy decision, our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses, please go to the [European Commission’s website](https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en). If you would like further information, please contact our Data Protection Officer on the details below. **How long do we store your personal data?** We will store your information for a period of five years after our business relationship ends in order that we can comply with our obligations under applicable legislation such as anti-money laundering and anti-fraud regulations. If any applicable legislation or changes to this require us to retain your data for a longer or shorter period of time, we shall retain it for that period. We will not retain your data for longer than is necessary. **Your rights regarding your personal data?** You have certain rights regarding the personal data which we process: * You may request a copy of some or all of it. * You may ask us to rectify any data which we hold which you believe to be inaccurate. * You may ask us to erase your personal data (where applicable). * You may ask us to restrict the processing of your personal data. * You may object to the processing of your personal data (where applicable). * You may ask for the right to data portability. * If you would like us to carry out any of the above, please email your request to the Data Protection Officer at . **How is your information protected?** We recognise the importance of protecting and managing your personal data. Any personal data we process will be treated with appropriate care and security. These are some of the security measures we have in place: * We use a variety of physical and technical measures to keep your personal data safe. * We have detailed information and security policies to ensure the confidentiality, integrity, and availability of information. * Your data is stored securely on computer systems with control over access on a limited basis. * Our staff receives data protection and information security training on a regular basis. * We use encryption to protect data at rest and anonymization where applicable. * We have adequate security controls to protect our IT infrastructure and staff computers including but not limited to Identity and Access Management, Firewalls, VPN, Antivirus, Advanced Email Threat Protection and more. * We conduct regular audits such as PCI-DSS to ensure we are following adequate security controls to protect your data. While we take all reasonable steps to ensure that your personal data will be kept secure from unauthorised access, we cannot guarantee it will be secure during transmission by you to the applicable mobile app, website or other services over the internet. However, once we receive your information, we make appropriate efforts to ensure its security on our systems. **Complaints** We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your personal information. The [General Data Protection Regulation](http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679\&from=EN) also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in Malta is the Office of the Information and Data Protection Commissioner. Their contact details are as follows: IDPC, Floor 2, Airways House, Triq il-Kbira, Tas-Sliema, SLM1549, Malta. (+356) 23287100 / **Other websites** Our website may contain links to other websites. This privacy policy applies only to our website‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website. **Changes to our Privacy Policy** We keep our Privacy Policy under review and we regularly update it to keep up with business demands and privacy regulation. We will inform you about any such changes. This Privacy Policy was last updated on 28th February 2022. **How to contact us** If you have any questions about our Privacy Policy or the personal information which we hold about you or, please send an email to our Data Protection Officer at . Version 1.0 # \[Archive] Card Terms (with TPL) Last Update: 1 November 2024 **DEBIT CORPORATE OWNED FUNDS CARD** **TERMS AND CONDITIONS OF USE** These terms and conditions of use (“**Terms**”), and the provisions of the schedule (“**Schedule**”), in relation to the use of the Incard Visa debit Card (collectively the “**Agreement**”). This Agreement is between **You** and, if you are resident in the United Kingdom **Transact Payments Limited (“TPL”)** a company incorporated in Gibraltar with registered address 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA company registration number 108217, and authorised by the Gibraltar Financial Services Commission for the provision of payment services. If you are resident in the European Union, this Agreement is between **You** and **Transact Payments Malta Limited (“TPML”)** a company incorporated in Malta with registered address Vault 14, Level 2, Valletta Waterfront, Floriana, FRN 1914 and company registration number 91879 and authorised by the Malta Financial Services Authority. For Contract Holders who are based in the United Kingdom, only Section A of this Agreement applies to you. For Contract Holders who are based in the European Union, only Section B applies to you. For Contract Holders who are based in the European Union and are Microenterprises (as defined in Section C), only Section C applies to you. You will be asked to confirm Your acceptance of this Agreement when You apply for Cards via the Corporate Account Platform. If You refuse to accept this Agreement then We will not be able to complete Your order for Cards. The Agreement will be governed by the Terms and Schedule in force as displayed on the Mobile Application and the Corporate Account Platform. Please read the Terms and Schedule carefully and retain a copy for future reference. ## Section A ### 1. Definitions and Interpretation **Account**: The electronic money account provided by Incard Ltd via Currency Cloud Limited opened in accordance with your agreement which such e-money provider. For the avoidance of doubt, the issuance of electronic money is not governed by this Agreement. **Applicable Law** means any applicable law (including but not limited to, any local law of the jurisdictions into which the Card is provided and the Program is operated), statute, statutory instrument, act, regulation, rule, order, supervisory guidance, policy, instruction or requirement stipulated by an applicable Regulatory Authority, or interpretation promulgated or published by any Regulatory Authority, any order issued by a court having jurisdiction over a party, or any applicable rule or requirement of any Card Scheme related to the issuance, sale, authorisation or usage of the Card and/or services to be provided under this Agreement or such other rule as deemed valid by TPL from time to time. **Business Day** means Monday to Friday, 9am to 5pm CET, excluding bank, national and public holidays in Malta and Gibraltar. **Card** means each physical or virtual debit card, as set out in the Schedule, issued to You by Us pursuant to licence by the Card Scheme, with an underlying Account holding the balance of the Card in the Denominated Currency. References to the Card include all Card details, Security Details and PINs. **Card Scheme** has the meaning defined in the Schedule. **Card Services** means any services provided by Us, Program Manager or any third-party service providers in connection with a Card. **Card User** means an individual to whom a Card is supplied and who is validly authorised by You to use and to utilise funds held in the Account via a Card subject to this Agreement and on Your behalf. **Contract Holder** means You, the corporate entity which, subject to its Corporate Account Platform agreement, owns the available funds that can be used by the Card User and to whom the Cards are issued. **Corporate Account Platform** means Program Manager’s online platform where Cards can be ordered. Use of the Corporate Account Platform is regulated by an agreement entered into between the Contract Holder and Program Manager. **Customer Services** means the department in charge of providing customer support for the Card as further indicated in the Schedule. **Denominated Currency** has the meaning given to it in the Schedule. **Insolvency Event**: occurs, with respect to any party, in the event of 1. that party passing a resolution, or a court making an order, that that party be wound up (except for the purposes of a bona fide, solvent reconstruction or amalgamation); 2. an order being made for the appointment of an administrator in relation to that party or a receiver, administrative receiver or manager being appointed over all or any part of that party's assets or undertaking; 3. that party being unable to pay its debts within the meaning of section 123 of the UK Insolvency Act 1986; 4. there being proposed in respect of that party any voluntary arrangement under section 1 of the UK Insolvency Act 1986 or any compromise or arrangement under Part 26 of the UK Companies Act 2006; or 5. any circumstances occurring that are the equivalent of (a) to (d) above under the legislation and related case law and practice applicable to that party (where (a) to (d) above do not apply for any reason to that party). **Microenterprise** means an entity engaged in any economic activity, irrespective of its legal form, which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet does not exceed EUR 2 million or currency equivalent. **Personal Data** means any registered personal identity details relating to the use of the Card including (but not limited to) an individual’s: 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](https://legal.incard.co/privacy-policy/privacy-policy). **PIN or PIN Code** means the personal identification number used to access certain Card services, provided to the Card User. **Program** means the issuance, marketing, sale, processing, administration, supervision, maintenance, servicing, authorisation or usage of the Cards and any other payment services established in accordance with this Agreement. **Program Manager** means INCARD LTD incorporated in the United Kingdom with company registration number 13073893 and registered office address at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. **Regulatory Authority** means as the context requires, any Scheme and/or any regulator or agency having jurisdiction over Issuer or Program Manager related to the issuance, marketing, sale, authorisation or usage of the Cards, Program(s) or services provided under this agreement, including without limitation the Gibraltar Financial Services Commission. **Security Details** means certain information, including personal information, given by You on behalf of the Card User when applying for the Card and as notified to Program Manager by You from time to time. **Transaction** means Your use of the Card to (i) make a payment, or a purchase of goods or services from a Merchant over the internet, by phone or mail order or (ii) withdraw cash from an ATM or bank, where permitted. **Website/Mobile App** means the website indicated in the Schedule, where Card Users may perform certain operations in relation to their Card such as activation, viewing Transactions, blocking and unblocking and raising queries with Customer Services in relation to use of the Card. ### **2. Purpose of the Card** 1. The Card, whether physical or virtual, is a debit card featuring immediate debit of funds from the Account and systematic authorisation. The Card allows Card Users to access available funds that have previously been credited to the Account. The Card is not a credit card and all use is limited to the amount held in the Account and any other limits referred to in this Agreement. 2. The Card is issued by Us at the Contract Holder’s request and upon acceptance of said request to Program Manager via the Corporate Account Platform. Physical Cards will be sent directly to You or the Card Users (as directed by You) as per the address specified on the Card order request completed on the Corporate Account Platform. 3. The Card can be used worldwide wherever You see the Card Scheme symbol displayed online, and also at Automatic Teller Machines (“ATMs”) and at merchants, including shops and restaurants who accept the Card Scheme (subject to local laws and regulations in the country of use), providing there are sufficient funds available in the Account for the Transaction, including any applicable fees (subject to local laws and regulations in the country of use). 4. The Card remains at all times Our property and must be returned to Us or destroyed upon Our request. Use of the Card is personal to You and the Card Users. You cannot assign Your rights under this Agreement, and the Card User is strictly prohibited from transferring or giving the Card to any third party or from allowing any third party to use the Card. The authorisation for You and/or Card Users to use the Card may be revoked at any time, in accordance with clause 10 below. 5. The Contract Holder shall be liable for all acts and omissions of Card Users purported to be carried out pursuant to the activities anticipated by this Agreement. The Contract Holder warrants, represents and undertakes that it shall ensure that all Card Users are made aware of the content of this Agreement and understand the obligations regarding the use of the Card. 6. The Contract Holder must provide TPL with all such required documentation and information in order to enable TPL to verify its status as a business. ### **3. Use of Card** 1. **Activation and General Use of the Card** 1. The Card cannot be used unless it has been activated within the notified time by the Card User. An activation procedure will be provided with each physical Card. You must know, and ensure that Card Users know, and follow the steps required to activate the physical Card and the instructions must be followed. You shall only supply the Card to the Card User and You shall be responsible for ensuring that each Card User complies with this Agreement where applicable. 2. The Card is only for use by the Card User and expires on the date on the front of the Card. The Card cannot be used after it has expired. 3. The amount relating to each Transaction and any associated fees will be deducted from the balance on the Account. 4. When using the Card at certain merchants, including hotels, restaurants and petrol stations, the merchant may hold an additional amount to cover tips/gratuities, temporarily reducing the balance available on the Card. 5. We do not recommend using the Card as: (i) a guarantee of payment, for example as a deposit for hotels, cruise lines or car rental, as merchants such as these may estimate the final bill and this amount will be temporarily unavailable to access or spend or as (ii) an arrangement for periodic billing as any debits as a result of such arrangements will be considered to have been authorised by You. 6. We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals and online purchases picked up in person. 7. You agree to accept a credit to the Account if a Card User is entitled to a refund for any reason for goods or services purchased using the Card. 8. We are not responsible for ensuring that ATMs and point of sale terminals (“POS”) will accept the physical Card. 9. Strictly for physical Cards, certain POS, particularly those situated in moveable property such as trains and ships, and certain static payment terminal machine such as in car parking lots, and toll ways are not connected in real time to the Card Scheme approval. We accept no responsibility, and shall not be liable for, any inability of Card Users to use their Cards in such POS or machines. 10. You must comply with all laws and regulations (including any foreign exchange controls) in respect of the Card, in the country of purchase and/or use. Cards cannot be used for any illegal purpose or to purchase or access the following: 1. money transfer transactions – 4829; 2. financial institutions - manual cash disbursement transactions – 6010; 3. quasi cash transactions – 6051; 4. security broker/dealer transactions – 6211; 5. payment service provider money transfer transactions – 6531; 6. POI funding transactions – 6540; 7. dating or escort services transactions – 7273; 8. government owned lottery transactions – 7800; 9. government licensed casinos (online gambling) transactions – 7801; 10. government licensed horse/dog racing transactions – 7802; 11. betting, wagering, lottery, gambling tickets or chips transactions – 7995; 12. government-owned lottery transactions (non-U.S. region) – 9406; 13. money transfer - member financial institutions – 6534; 14. moneysend intracountry transactions – 6536; 15. moneysend intercountry transactions – 6537; 16. Mastercard moneysend funding transactions – 6538; and 17. any illegal purposes. 11. Issuance of a Card to you allows you access to various exclusive services (“Platinum Services”). You can find out more about the Platinum Services available to you on the Website and/or Mobile App. 2. **Available funds** 1. The Card User should check that sufficient funds are available on the Account prior to attempting to make any Card Transaction to avoid disappointment or embarrassment if the Card is declined. 2. If there are insufficient funds in the Account to pay for a Transaction the Card may be declined or the retailer may allow payment of the balance by some other means. 3. The Card can only be used if the Account has a positive balance. 4. Strictly for physical Cards, payments made on some machines, such as automatic fuel dispensers, generate a pre-authorisation to reserve an amount that may be greater than the payment requested. In this case, the request for pre-authorisation of the greater amount may result in denial of the Transaction and the associated payment. For services offered by these machines Card Users should ensure the Account has adequate funds to meet the amount required by the pre-authorisation. 5. The Card User may obtain certain information concerning the Card and recent Transactions via the Website, contacting Customer Services by telephone (available twenty-four (24) hours a day). 3. **Temporary blocking of the Card** 1. The Card User and/or Contract Holder may request to have the Card temporarily blocked by contacting Customer Services. 2. You and/or the Card User may request that the Card be unblocked at any time via the Corporate Platform or the Website (as applicable), using the information and according to the procedures set out in the Schedule. 3. Applying for a Card to be temporarily blocked shall not satisfy the obligation of the Card User or Contract Holder to inform Program Manager of the suspected or actual loss, theft, misuse or fraudulent use of the Card or of the related data. 4. If We block or suspend a Card, Program Manager shall notify You and/or the Card User by e-mail, if possible, prior to blocking or suspending the Card, and at the latest, immediately after, unless We reasonably believe that providing such information would constitute a security risk or We are not permitted to provide such information by any applicable law. The Card User and/or Card Holder can at any time request that the block be removed from their Card by contacting Customer Services at the contact details specified in the Schedule, but the discretion to unblock the Card or resume provision of Our services will be at Our discretion. 4. **Card Renewal:** Any Card renewal, if applicable, shall be subject to the Schedule. 5. **Refund:** Goods or services paid for with the Card cannot be refunded by a retailer unless there was a prior Card Transaction debited from the Account by that retailer of an equal or higher amount than the refund requested. If the Card User and retailer agree a refund, the retailer may process the refund via a POS terminal. Amounts credited to the Account via the Retailer as refunds shall be available no more than 3 (three) days after the time the refund order was received. If an amount is credited to the Card that does not correspond to a refund, We reserve the right to terminate the agreement. ### **4. Card Limits and Fees** 1. The Card Fees and Limits provisions are outlined in the Schedule and will apply to the Card. 2. Withdrawal and/or Transaction limits may apply to the Card as detailed in the Schedule. 3. When the fees are linked to a Transaction that results from a related service without use of the Card, it will be carried out provided that sufficient funds are available in the Account to cover the cost of the Transaction and the fees, and related fees shall be separately debited from the balance. 4. Each time the Card User uses the Card, the value of the Transaction plus any applicable fees shall be debited from the Account. If the value of the Transaction plus any applicable fees exceeds the balance of the funds available in the Account the Transaction will be declined, and applicable fees shall be charged to the Account in accordance with the provisions of the Schedule. These fees cannot exceed the amount of the payment order. ### **5. Card Security** 1. Card Users must sign the back of the physical Card as soon as they receive it. 2. You should treat the Card like cash. If it is lost or stolen, you may lose some or all of your money on your Card, in the same way as if you lost cash. 3. You must keep the Card, Security Details and PIN (as applicable) safe by taking appropriate measures, including, but not limited to, the following: 1. never allowing anyone else to use the Card or sharing the PIN or Security Details with anyone; 2. not carrying the PIN with the Card or recording the PIN where it may be accessed by other people; 3. not interfering with any magnetic stripe or integrated circuit on the Card; 4. complying with any reasonable instructions We give about keeping the Card and the PIN safe and secure; 5. using only secure internet sites for making Card Transactions online; 6. choosing strong passwords that mix alpha and numeric characters when managing the Account online; 7. checking ATMs for signs of tampering, e.g. false fronts, before use; 8. shredding any personal information or Security Details relating to the Card that could be used by an identity thief; and 9. reporting thefts of any Security Details relating to the Card to any relevant organisations to warn them of any potential attempts to commit identity fraud in Your name. 4. You shall never be required to provide Your PIN by telephone or on the internet in order to pay for goods or services or carry out a Transaction. If anyone asks You to reveal a PIN, the request should be refused and reported to Customer Services. 5. The PIN may be disabled if an incorrect PIN is entered three (3) times at all ATMs and/or POS terminals. If the PIN is disabled, please contact Customer Services to reactivate the PIN. There may be a twenty-four (24) hour delay in reactivating Your PIN. 6. You undertake, represent and warrant to Us that the Transactions that the Card User will undertake using the Card do not contravene any applicable law and that You and the Card User shall at all times comply with all applicable laws in relation to the performance of Your obligations under this Agreement. 7. The Card User shall obtain a receipt for every Transaction undertaken with the Card. The Card User must retain their receipts to verify their Transactions. 8. Card Users shall not under any circumstances send their active Card to Us or any third party, by post or any other unsecure delivery method. 9. Information sent over the internet may not be completely secure. The internet and the online systems are not controlled or owned by us so We cannot guarantee that they will be secure and function at all times and We accept no liability for unavailability or interruption. ### **6. Authorising Transactions** 1. You will need to give your consent to each Transaction by, where applicable, a) using your PIN or other security code personal to you; b) providing the Card details and/or providing any other details personal to you and/or your Card. Once you have given such consent to the Transaction, it will be deemed to be authorised. 2. 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. 3. Once a Transaction has been authorised by you, it cannot be revoked and the time of receipt of a Transaction order is when it is received by our processing partner. 4. Your ability to use or access the Card may occasionally be interrupted, for example if Program Manager or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using your Card or Account and these will be resolved as soon as possible. ### **7. Loss, theft and misuse of cards** 1. If the Card is lost, stolen, misused or is likely to be misused by a third party or You or the Card User suspect that someone else may know the related PIN or Security Details or has carried out an unauthorised Transaction, You must stop using the Card and notify Customer Services directly as soon as possible on becoming aware of such loss, theft, misappropriation or unauthorised use of the Card. The Card shall be suspended to avoid further losses upon Your notification to Customer Services in accordance with this clause. 2. We may also suspend a Card with or without notice if We suspect that the Card, PIN or any other Card-related security details have been, or are likely to be, misused, if any Transactions are deemed to be suspicious and/or are identified as being fraudulent, if We have reason to believe that You have broken an important condition of these Terms or that You have repeatedly broken any term or condition and have failed to remedy it, or if We suspect illegal use of the Card. 3. You and/or the Card User will be required to confirm details of the loss, theft or misuse to Program Manager in writing. 4. You and/or the Card User may be required to assist Us, Program Manager, Our representatives or the police if the Card is stolen or We suspect the Card is being misused. 5. Replacement Cards will be sent to the most recent address you have provided and may be subject to a fee as set out in the Schedule. 6. If any reported lost Card is subsequently found it must not be used unless You contact Customer Services first and obtain approval. ### **8. Our Liability to You** 1. We will not be liable to You in respect of any losses You or the Card User may suffer in connection with or arising from the Card, except where such losses are due to a breach by us of this Agreement or due to Our negligence. In addition, We will not be liable for disputes concerning the quality of goods or services purchased from any merchant that accepted a Card or for any additional fees charged by the operator of POS or ATM terminals (e.g. when You are offered dynamic currency conversion at a point of sale). In particular, We will not be liable for any loss due to: (i) any failure due to events outside Our reasonable control; (ii) any system failure or industrial dispute outside Our control; (iii) any ATM or retailer refusing to or being unable to accept the Card; (iv) the way in which any refusal to accept the Card is communicated to You; (v) any infringement by You of any currency laws; (vi) Our taking any action required by any government, federal or state law or regulation or court order; or (vii) anything specifically excluded or limited elsewhere in this Agreement. 2. Unless otherwise required by law, we shall not be liable for any direct or indirect loss or damage you may suffer as a result of your total or partial use or inability to use your Card, or the use of your Card by any third party (including any fraudulent or unauthorised Transactions and subsequent unsuccessful chargebacks). 3. You agree to indemnify Us against any and all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We directly or indirectly incur or which are brought against Us if You have acted fraudulently, been negligent or have misused the Card or any of the services which We provide to You. 4. The above exclusions and limitations set out in this paragraph shall apply to any liability of Program Manager or our affiliates such as the Scheme, and other suppliers, contractors, representatives and any of their respective affiliates (each a "**Protected Party**") (if any), to you, which may arise in connection with this Agreement. This clause 8.4, and the exclusions and limitations set out in this paragraph, are intended to operate to benefit any and all such Protected Parties and to be enforceable by each Protected Party, in accordance with the Contracts (Rights of Third Parties) Act 1999. This clause 8.4 may be amended by agreement between you and us without obtaining the consent or agreement of any Protected Party. ### **9. Terminating this agreement** 1. This agreement shall continue in force until termination of Your Corporate Account Platform agreement with Program Manager or unless otherwise terminated in accordance with this clause 9 or clauses 10 and 13.3. 2. The Agreement may be terminated at any time by the Contract Holder by sending 30 days' written notice to Customer Services or by Us, or Program Manager for Us, sending 30 days’ written notice to You. 3. A cancellation fee may be deducted from the available funds on the Card in accordance with the Schedule. 4. Once your physical 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. ### **10. Causes for Termination** 1. We reserve the right, at any time and without prior notice, at Our discretion to terminate the Agreement, to block or suspend use of the Card, restrict its functionality and/or to demand the return of the Card if any of the following circumstances arise: 1. The Card was not activated within the notified activation period; 2. We reasonably suspect the security of the Card has been compromised in any way; 3. your agreement with Currency Cloud Limited governing the provision of e-money has been suspended, restricted or terminated; or 4. we are required to do so under Applicable Law or where we believe that continued use of the Card may be in breach of Applicable Law; 5. in the event You, the Card User or any third party engage in any actual or attempted fraudulent activity or We reasonably suspect You or the Card User to have done so; 6. we believe that your continued use of the Card may damage our reputation; 7. we believe that your use of the Card may result in harm to us or our systems; 8. 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; 9. you haven’t given us information we need or we believe that any of the information that you have provided to us is incorrect or false; 10. you do not access your Account for 3 (three) years; 11. we cannot process your Transactions due to the actions of third parties; 12. you have breached this Agreement; 13. in case of non-payment of any annual or other applicable fees, as set out in the Schedule; or 14. You suffer an Insolvency Event or You cease or threaten to cease to carry on Your business. 2. As per clause 3.3, We shall remove the block on the Card as soon as practicable after We are satisfied, acting reasonably, that the reasons for blocking or suspending it no longer exist. If the circumstances for blocking or suspending the Card continue for 1 month, We may terminate the Agreement instead. 3. Any termination or expiry of the Agreement, howsoever caused, shall be without prejudice to any obligations or rights of either of the parties which may be accrued prior to termination or expiry and shall not affect any provision of the Agreement which is expressly or by implication intended to come into effect on, or to continue in effect after, such termination or expiry. 4. The Contract Holder will be responsible for ensuring that all Cards Users have been notified of termination of the Agreement. ### **11. Penalties** 1. In addition to such actions constituting a break of the provisions of this Agreement, any illegal or fraudulent use of the Card by You or the Card User, or with knowledge, may be reported to the Police or any other relevant regulatory authority. 2. You shall be liable to Us for all losses, fees and other expenditure incurred by Us in relation to the recovery, cancellation or reversing of Transactions resulting from the misuse of the Card by You or the Card User or where You break any important provision or repeatedly break any provision of this Agreement and fail to remedy it. ### **12. Confidentiality and Data Protection** 1. TPL will collect certain information about the purchaser and the users 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 10.1(vi) above. 2. 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](https://legal.incard.co/privacy-policy/privacy-policy) which is provided to you at the time we collect your Personal Data. ### **13. Variations of Agreement** 1. We may, at Our discretion, alter this Agreement at any time. 2. We shall instruct Program Manager to give You 15 (fifteen) days’ prior notice by email before We make the change, unless the change is required to be implemented earlier by any applicable law, regulation or rule by Card Scheme, or if it relates to a change in the exchange rate. The version of this Agreement displayed on the Website and Corporate Account Platform at any time shall constitute the binding version and shall render any previous one obsolete. You understand that the Website and the Corporate Account Platform should regularly be checked. 3. If You do not agree to the change You should terminate the Agreement in accordance with the provisions of this Agreement. If You do not do so We will assume that You agree to the change and it will be implemented upon the expiry of the notice period. ### **14. Guarantee** 1. Program Manager will at any time replace a Card reported as being defective. The defective product must be returned to Program Manager in that condition by registered post. Postage costs will be reimbursed by adding them to Your Account if the product is proven to be defective after being inspected by Program Manager’s technicians. 2. If Our inspection of a returned Card reported by You or the Card User as being defective shows this to be incorrect then the Card shall be returned to You or the Card User and We may apply administrative fees to the Account, which will be deducted from the available funds in accordance with the Schedule. ### **15. Exclusions** 1. The above guarantee is not applicable if: 1. the Card is used in a manner which breaks any important term or repeatedly breaks any term of this Agreement; or 2. you have not taken due care in relation to the storage and/or maintenance of the Card (including by avoiding extended exposure to direct sunlight, exposure to water or high humidity and repeated contact with metal objects such as keys). ### **16. General** 1. Nothing in this Agreement will confer on any third party any benefit under, or the right to enforce this Agreement. 2. We may assign any of Our rights and obligations under this Agreement to any other person or business, subject to such party continuing the obligations to You herein. 3. We may contact You by letter or email using the contact details You provide on the Corporate Account Platform. ### **17. Complaints** 1. The Card program is managed by Program Manager. Should you wish to contact us or complain about any aspect of our service please contact Customer Services. 2. If having received a response from our Customer Services Team you are unhappy with the outcome you can escalate your complaint to Transact Payments Limited’s Complaints Department at . 3. We will make every effort to reach a resolution to your complaint, if we are unable to resolve your issue to your satisfaction, we will explain the reasoning behind our decision. 4. In the unlikely event that we are unable to resolve your issue you have the right to refer your complaint to 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 . Details of the Gibraltar Financial Services Commission are available at [**http://www.fsc.gi/fsc/home.htm**](http://www.fsc.gi/fsc/home.htm)**.** Microenterprises may additionally refer an unresolved complaint to the Gibraltar Financial Services Ombudsman at the following address: The Financial Services Ombudsman, Office of the Ombudsman, 10 Governor’s Lane, Gibraltar and at the following website: [www.ombudsman.org.gi](http://www.ombudsman.org.gi). In such an instance, TPL is required to co-operate with any investigation and resolution procedure conducted by the Ombudsman and may be required to accept the outcome of such resolution procedure. ### **18. Law** 1. This Agreement and any disputes, which arise under it, shall be exclusively governed and construed in accordance with the laws of Gibraltar. ### **19. Jurisdiction** 1. You agree to the exclusive jurisdiction of the Gibraltar courts. ### **20. Language** 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. ### **21. The Card Issuer and the Service Provider of the Card** 1. Your Card is issued by Transact Payments Limited pursuant to its licence from the Card Scheme. 2. Program Manager administers and provides the Card issued by Transact Payments Limited and is available to give You customer service support if You have any queries. Our Program Managers also conduct activities such as sponsorship, marketing, and providing the IT platform and will carry out due diligence on You. *** ## **SCHEDULE TO SECTION A - INCARD CORPORATE OWNED DEBIT CARD** This schedule (“**Schedule**”), together with the Incard Visa Card Terms and Conditions (“**Terms**”) govern the use of your Card. Both the Schedule and the Terms are referred to as the **Agreement**. Your Card is a physical/virtual Card. You will be asked to confirm Your acceptance of this Agreement when you apply for Cards via the Corporate Account Platform. If you refuse to accept this Agreement, We will not be able to complete your order for Cards. Unless specifically stated otherwise, words and expressions in this Schedule have the same meaning and interpretation as defined in the Terms. **Definitions** **Card Scheme:** Visa; Visa is a registered trademark of Visa International **Denominated Currency**: GBP **Permitted country in which the Card can be issued**: United Kingdom **Website**: [www.incard.co](http://www.incard.co) **Mobile App:** Incard, available on the Apple App Store. **Customer Services:** The Customer Service Department can be contacted via the below channels: * in-App chat (preferred method) * By e-mail: [support@incard.co](mailto:support@spendesk.com) * By mail: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ * On the Website chat: [www.incard.co](http://www.incard.co) * Via phone number: +44 20 33 18 11 01 ### **1. Information to be provided in order to activate the Card** The Card user must activate the Card as soon as it is received by following the instructions detailed on the information documents accompanying the Card. The Card User’s PIN code will be communicated to the Card User at the end of the activation process via the Website/Mobile App in the card management screen. ### **2. Your Card Limits** **Below are the limits for the virtual and physical card profiles. The limits are in the currency of the card.** | Limit per Card | GBP Physical & Virtual – Basic | GBP Physical & Virtual – Incard | GBP Physical & Virtual – Incard Plus | GBP Physical & Virtual – Bespoke | | ---------------------------------------- | ------------------------------ | ------------------------------- | ------------------------------------ | -------------------------------- | | **POS Transaction Limit** | | | | | | Max. Value per day | £10,000 | £20,000 | £30,000 | £50,000 | | | | | | | | **Number of POS Transactions** | | | | | | Max. number per day | 30 | 50 | 60 | 60 | | Max. number per month | 500 | 600 | 900 | 900 | | **Spend value** | | | | | | Max. Spend Value per month | £30,000 | £60,000 | £150,000 | £250,000 | | Max. Spend Value per year | £360,000 | £720,000 | £1,800,000 | £2,400,000 | | **ATM** | | | | | | Min. value per ATM withdrawals | £10 | £10 | £10 | £10 | | Max. value per ATM withdrawals | £300 | £500 | £1000 | £1000 | | Max. number of ATM withdrawals per day | 5 | 5 | 5 | 5 | | Max. value of ATM withdrawals per day | £2,500 | £2,500 | £3,000 | £3,000 | | Max. number of ATM withdrawals per month | 110 | 110 | 110 | 110 | | Max. value of ATM withdrawals per month | £7,500 | £7,500 | £7,500 | £7,500 | You can (i) withdraw cash funds via ATM (although there is a charge for this service as set out below) or (ii) pay for goods and services (via an appropriate electronic payment terminal) at all points of sale (“POS”) terminals that display Visa symbol. ### **3. Your Card Charges** All payments made using Your Card shall be in the Denominated Currency. If the Card is used to pay for goods and services in a different currency to the Denominated Currency, the amount payable shall be converted at the VISA conversion rate. 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. **Our full fee schedule is available on our Website:** [**Link**](/fee-schedule/business-fees-free) *** ## Section B ### **1. Definitions and Interpretation** **Account**: The electronic money account provided by Program Manager via Currency Cloud B.V. opened in accordance with your agreement which such e-money provider. For the avoidance of doubt, the issuance of electronic money is not governed by this Agreement. **Applicable Law** means any applicable law (including but not limited to, any local law of the jurisdictions into which the Card is provided and the Program is operated), statute, statutory instrument, act, regulation, rule, order, supervisory guidance, policy, instruction or requirement stipulated by an applicable Regulatory Authority, or interpretation promulgated or published by any Regulatory Authority, any order issued by a court having jurisdiction over a party, or any applicable rule or requirement of any Card Scheme related to the issuance, sale, authorisation or usage of the Card and/or services to be provided under this Agreement or such other rule as deemed valid by TPML from time to time. **Business Day** means Monday to Friday, 9am to 5pm CET, excluding bank, national and public holidays in Malta and Gibraltar. **Card** means each physical or virtual debit card, as set out in the Schedule, issued to You by Us pursuant to licence by the Card Scheme, with an underlying Account holding the balance of the Card in the Denominated Currency. References to the Card include all Card details, Security Details and PINs. **Card Scheme** has the meaning defined in the Schedule. **Card Services** means any services provided by Us, Program Manager or any third-party service providers in connection with a Card. **Card User** means an individual to whom a Card is supplied and who is validly authorised by You to use and to utilise funds held in the Account via a Card subject to this Agreement and on Your behalf. **Contract Holder** means You, the corporate entity which, subject to its Corporate Account Platform agreement, owns the available funds that can be used by the Card User and to whom the Cards are issued. **Corporate Account Platform** means Program Manager’s online platform where Cards can be ordered. Use of the Corporate Account Platform is regulated by an agreement entered into between the Contract Holder and Program Manager. **Customer Services** means the department in charge of providing customer support for the Card as further indicated in the Schedule. **Denominated Currency** has the meaning given to it in the Schedule. **Identity Verification** means identifying and verifying a natural person’s identity on the basis of documents, data or information obtained from a reliable and independent source and in line with anti-money laundering legislation applicable from time to time in Malta. **Insolvency Event**: occurs, with respect to any party, in the event of 1. that party passing a resolution, or a court making an order, that that party be wound up (except for the purposes of a bona fide, solvent reconstruction or amalgamation); 2. an order being made for the appointment of an administrator in relation to that party or a receiver, administrative receiver or manager being appointed over all or any part of that party's assets or undertaking; 3. that party being unable to pay its debts within the meaning of section 123 of the UK Insolvency Act 1986; 4. there being proposed in respect of that party any voluntary arrangement under section 1 of the UK Insolvency Act 1986 or any compromise or arrangement under Part 26 of the UK Companies Act 2006; or 5. any circumstances occurring that are the equivalent of (a) to (d) above under the legislation and related case law and practice applicable to that party (where (a) to (d) above do not apply for any reason to that party). **Microenterprise** means an entity engaged in any economic activity, irrespective of its legal form, which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet does not exceed EUR 2 million or currency equivalent. **Personal Data** means any registered personal identity details relating to the use of the Card including (but not limited to) an individual’s: 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](https://legal.incard.co/privacy-policy/privacy-policy). **PIN or PIN Code** means the personal identification number used to access certain Card services, provided to the Card User. **Program** means the issuance, marketing, sale, processing, administration, supervision, maintenance, servicing, authorisation or usage of the Cards and any other payment services established in accordance with this Agreement. **Program Manager** means INCARD EUROPE LIMITED incorporated in Malta with company registration number C98684 and registered office address at Level 5, St Julian's Business Centre Elia Zammit Street, ST. JULIANS, Malta. **Regulatory Authority** means as the context requires, any Scheme and/or any regulator or agency having jurisdiction over Issuer or Program Manager related to the issuance, marketing, sale, authorisation or usage of the Cards, Program(s) or services provided under this agreement, including without limitation the Malta Financial Services Authority. **Security Details** means certain information, including personal information, given by You on behalf of the Card User when applying for the Card and as notified to Program Manager by You from time to time. **Transaction** means Your use of the Card to (i) make a payment, or a purchase of goods or services from a Merchant over the internet, by phone or mail order or (ii) withdraw cash from an ATM or bank, where permitted. **Website/Mobile App** means the website indicated in the Schedule, where Card Users may perform certain operations in relation to their Card such as activation, viewing Transactions, blocking and unblocking and raising queries with Customer Services in relation to use of the Card. ### **2. Purpose of the Card** 1. This Section B does not apply to Microenterprises. 2. The Card, whether physical or virtual, is a debit card featuring immediate debit of funds from the Account and systematic authorisation. The Card allows Card Users to access available funds that have previously been credited to the Account. The Card is not a credit card and all use is limited to the amount held in the Account and any other limits referred to in this Agreement. 3. The Card is issued by Us at the Contract Holder’s request and upon acceptance of said request to Program Manager via the Corporate Account Platform. Physical Cards will be sent directly to You or the Card Users (as directed by You) as per the address specified on the Card order request completed on the Corporate Account Platform. 4. The Card can be used worldwide wherever You see the Card Scheme symbol displayed online, and also at Automatic Teller Machines (“ATMs”) and at merchants, including shops and restaurants who accept the Card Scheme (subject to local laws and regulations in the country of use), providing there are sufficient funds available in the Account for the Transaction, including any applicable fees (subject to local laws and regulations in the country of use). 5. The Card remains at all times Our property and must be returned to Us or destroyed upon Our request. Use of the Card is personal to You and the Card Users. You cannot assign Your rights under this Agreement, and the Card User is strictly prohibited from transferring or giving the Card to any third party or from allowing any third party to use the Card. The authorisation for You and/or Card Users to use the Card may be revoked at any time, in accordance with clause 10 below. 6. The Contract Holder shall be liable for all acts and omissions of Card Users purported to be carried out pursuant to the activities anticipated by this Agreement. The Contract Holder warrants, represents and undertakes that it shall ensure that all Card Users are made aware of the content of this Agreement and understand the obligations regarding the use of the Card. 7. The Contract Holder must provide TPML with all such required documentation and information in order to enable TPML to verify its status as a business. ### **3. Use of Card** 1. **Activation and General Use of the Card** 1. The Contract Holder must provide TPML with the names of all Card Users upon request. 2. The Contract Holder must provide TPML with all such required documentation and information in order to enable TPML to conduct Identity Verification on any and all Contract Holder Representatives appointed by it from time to time. 3. A Card cannot be used unless and until TPML has successfully conducted Identity Verification on the associated Contract Holder Representative and TPML is satisfied as to the identity of such Contract Holder Representative. TPML retains the right to conduct Identity Verification at any time on any Card User. 4. The Card cannot be used unless it has been activated within the notified time by the Card User. An activation procedure will be provided with each physical Card. You must know, and ensure that Card Users know, and follow the steps required to activate the physical Card and the instructions must be followed. You shall only supply the Card to the Card User and You shall be responsible for ensuring that each Card User complies with this Agreement where applicable. 5. The Card is only for use by the Card User and expires on the date on the front of the Card. The Card cannot be used after it has expired. 6. The amount relating to each Transaction and any associated fees will be deducted from the balance on the Account. 7. When using the Card at certain merchants, including hotels, restaurants and petrol stations, the merchant may hold an additional amount to cover tips/gratuities, temporarily reducing the balance available on the Card. 8. We do not recommend using the Card as: (i) a guarantee of payment, for example as a deposit for hotels, cruise lines or car rental, as merchants such as these may estimate the final bill and this amount will be temporarily unavailable to access or spend or as (ii) an arrangement for periodic billing as any debits as a result of such arrangements will be considered to have been authorised by You. 9. We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals and online purchases picked up in person. 10. You agree to accept a credit to the Account if a Card User is entitled to a refund for any reason for goods or services purchased using the Card. 11. We are not responsible for ensuring that ATMs and point of sale terminals (“POS”) will accept the physical Card. 12. Strictly for physical Cards, certain POS, particularly those situated in moveable property such as trains and ships, and certain static payment terminal machine such as in car parking lots, and toll ways are not connected in real time to the Card Scheme approval. We accept no responsibility, and shall not be liable for, any inability of Card Users to use their Cards in such POS or machines. 13. You must comply with all laws and regulations (including any foreign exchange controls) in respect of the Card, in the country of purchase and/or use. Cards cannot be used for any illegal purpose or to purchase or access the following: 1. money transfer transactions – 4829; 2. financial institutions - manual cash disbursement transactions – 6010; 3. quasi cash transactions – 6051; 4. security broker/dealer transactions – 6211; 5. payment service provider money transfer transactions – 6531; 6. POI funding transactions – 6540; 7. dating or escort services transactions – 7273; 8. government owned lottery transactions – 7800; 9. government licensed casinos (online gambling) transactions – 7801; 10. government licensed horse/dog racing transactions – 7802; 11. betting, wagering, lottery, gambling tickets or chips transactions – 7995; 12. government-owned lottery transactions (non-U.S. region) – 9406; 13. money transfer - member financial institutions – 6534; 14. moneysend intracountry transactions – 6536; 15. moneysend intercountry transactions – 6537; 16. Mastercard moneysend funding transactions – 6538; and 17. any illegal purposes. 14. Issuance of a Card to you allows you access to various exclusive services (“Platinum Services”). You can find out more about the Platinum Services available to you on the Website and/or Mobile App. 2. **Available funds** 1. The Card User should check that sufficient funds are available on the Account prior to attempting to make any Card Transaction to avoid disappointment or embarrassment if the Card is declined. 2. If there are insufficient funds in the Account to pay for a Transaction the Card may be declined or the retailer may allow payment of the balance by some other means. 3. The Card can only be used if the Account has a positive balance. 4. Strictly for physical Cards, payments made on some machines, such as automatic fuel dispensers, generate a pre-authorisation to reserve an amount that may be greater than the payment requested. In this case, the request for pre-authorisation of the greater amount may result in denial of the Transaction and the associated payment. For services offered by these machines Card Users should ensure the Account has adequate funds to meet the amount required by the pre-authorisation. 5. The Card User may obtain certain information concerning the Card and recent Transactions via the Website, contacting Customer Services by telephone (available twenty-four (24) hours a day). 3. **Temporary blocking of the Card** 1. The Card User and/or Contract Holder may request to have the Card temporarily blocked by contacting Customer Services. 2. You and/or the Card User may request that the Card be unblocked at any time via the Corporate Platform or the Website (as applicable), using the information and according to the procedures set out in the Schedule. 3. Applying for a Card to be temporarily blocked shall not satisfy the obligation of the Card User or Contract Holder to inform Program Manager of the suspected or actual loss, theft, misuse or fraudulent use of the Card or of the related data. 4. If We block or suspend a Card, Program Manager shall notify You and/or the Card User by e-mail, if possible, prior to blocking or suspending the Card, and at the latest, immediately after, unless We reasonably believe that providing such information would constitute a security risk or We are not permitted to provide such information by any applicable law. The Card User and/or Card Holder can at any time request that the block be removed from their Card by contacting Customer Services at the contact details specified in the Schedule, but the discretion to unblock the Card or resume provision of Our services will be at Our discretion. 4. **Card Renewal:** Any Card renewal, if applicable, shall be subject to the Schedule. 5. **Refund:** Goods or services paid for with the Card cannot be refunded by a retailer unless there was a prior Card Transaction debited from the Account by that retailer of an equal or higher amount than the refund requested. If the Card User and retailer agree a refund, the retailer may process the refund via a POS terminal. Amounts credited to the Account via the Retailer as refunds shall be available no more than 3 (three) days after the time the refund order was received. If an amount is credited to the Card that does not correspond to a refund, We reserve the right to terminate the agreement. ### **4. Card Limits and Fees** 1. The Card Fees and Limits provisions are outlined in the Schedule and will apply to the Card. 2. Withdrawal and/or Transaction limits may apply to the Card as detailed in the Schedule. 3. When the fees are linked to a Transaction that results from a related service without use of the Card, it will be carried out provided that sufficient funds are available in the Account to cover the cost of the Transaction and the fees, and related fees shall be separately debited from the balance. 4. Each time the Card User uses the Card, the value of the Transaction plus any applicable fees shall be debited from the Account. If the value of the Transaction plus any applicable fees exceeds the balance of the funds available in the Account the Transaction will be declined, and applicable fees shall be charged to the Account in accordance with the provisions of the Schedule. These fees cannot exceed the amount of the payment order. ### **5. Card Security** 1. Card Users must sign the back of the physical Card as soon as they receive it. 2. You should treat the Card like cash. If it is lost or stolen, you may lose some or all of your money on your Card, in the same way as if you lost cash. 3. You must keep the Card, Security Details and PIN (as applicable) safe by taking appropriate measures, including, but not limited to, the following: 1. never allowing anyone else to use the Card or sharing the PIN or Security Details with anyone; 2. not carrying the PIN with the Card or recording the PIN where it may be accessed by other people; 3. not interfering with any magnetic stripe or integrated circuit on the Card; 4. complying with any reasonable instructions We give about keeping the Card and the PIN safe and secure; 5. using only secure internet sites for making Card Transactions online; 6. choosing strong passwords that mix alpha and numeric characters when managing the Account online; 7. checking ATMs for signs of tampering, e.g. false fronts, before use; 8. shredding any personal information or Security Details relating to the Card that could be used by an identity thief; and 9. reporting thefts of any Security Details relating to the Card to any relevant organisations to warn them of any potential attempts to commit identity fraud in Your name. 4. You shall never be required to provide Your PIN by telephone or on the internet in order to pay for goods or services or carry out a Transaction. If anyone asks You to reveal a PIN, the request should be refused and reported to Customer Services. 5. The PIN may be disabled if an incorrect PIN is entered three (3) times at all ATMs and/or POS terminals. If the PIN is disabled, please visit the Website or contact Customer Services to reactivate the PIN. There may be a twenty-four (24) hour delay in reactivating Your PIN. 6. You undertake, represent and warrant to Us that the Transactions that the Card User will undertake using the Card do not contravene any applicable law and that You and the Card User shall at all times comply with all applicable laws in relation to the performance of Your obligations under this Agreement. 7. The Card User shall obtain a receipt for every Transaction undertaken with the Card. The Card User must retain their receipts to verify their Transactions. 8. Card Users shall not under any circumstances send their active Card to Us or any third party, by post or any other unsecure delivery method. 9. Information sent over the internet may not be completely secure. The internet and the online systems are not controlled or owned by us so We cannot guarantee that they will be secure and function at all times and We accept no liability for unavailability or interruption. ### **6. Authorising Transactions** 1. You will need to give your consent to each Transaction by, where applicable, a) using your PIN or other security code personal to you; b) providing the Card details and/or providing any other details personal to you and/or your Card. Once you have given such consent to the Transaction, it will be deemed to be authorised. 2. 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. 3. Once a Transaction has been authorised by you, it cannot be revoked and the time of receipt of a Transaction order is when it is received by our processing partner. 4. Your ability to use or access the Card may occasionally be interrupted, for example if Program Manager or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using your Card or Account and these will be resolved as soon as possible. ### **7. Loss, theft and misuse of cards** 1. If the Card is lost, stolen, misused or is likely to be misused by a third party or You or the Card User suspect that someone else may know the related PIN or Security Details or has carried out an unauthorised Transaction, You must stop using the Card and notify Customer Services directly as soon as possible on becoming aware of such loss, theft, misappropriation or unauthorised use of the Card. The Card shall be suspended to avoid further losses upon Your notification to Customer Services in accordance with this clause. 2. We may also suspend a Card with or without notice if We suspect that the Card, PIN or any other Card-related security details have been, or are likely to be, misused, if any Transactions are deemed to be suspicious and/or are identified as being fraudulent, if We have reason to believe that You have broken an important condition of these Terms or that You have repeatedly broken any term or condition and have failed to remedy it, or if We suspect illegal use of the Card. 3. You and/or the Card User will be required to confirm details of the loss, theft or misuse to Program Manager in writing. 4. You and/or the Card User may be required to assist Us, Program Manager, Our representatives or the police if the Card is stolen or We suspect the Card is being misused. 5. Replacement Cards will be sent to the most recent address you have provided and may be subject to a fee as set out in the Schedule. 6. If any reported lost Card is subsequently found it must not be used unless You contact Customer Services first and obtain approval. ### **8. Our Liability to You** 1. We will not be liable to You in respect of any losses You or the Card User may suffer in connection with or arising from the Card, except where such losses are due to a breach by us of this Agreement or due to Our negligence. In addition, We will not be liable for disputes concerning the quality of goods or services purchased from any merchant that accepted a Card or for any additional fees charged by the operator of POS or ATM terminals (e.g. when You are offered dynamic currency conversion at a point of sale). In particular, We will not be liable for any loss due to: (i) any failure due to events outside Our reasonable control; (ii) any system failure or industrial dispute outside Our control; (iii) any ATM or retailer refusing to or being unable to accept the Card; (iv) the way in which any refusal to accept the Card is communicated to You; (v) any infringement by You of any currency laws; (vi) Our taking any action required by any government, federal or state law or regulation or court order; or (vii) anything specifically excluded or limited elsewhere in this Agreement. 2. Unless otherwise required by law, we shall not be liable for any direct or indirect loss or damage you may suffer as a result of your total or partial use or inability to use your Card, or the use of your Card by any third party (including any fraudulent or unauthorised Transactions and subsequent unsuccessful chargebacks). 3. You agree to indemnify Us against any and all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We directly or indirectly incur or which are brought against Us if You have acted fraudulently, been negligent or have misused the Card or any of the services which We provide to You. 4. 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. For all intents and purposes of law, we are appearing hereon also as agents for our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), limitedly for the purpose of this clause. ### **9. Terminating this agreement** 1. This agreement shall continue in force until termination of Your Corporate Account Platform agreement with Program Manager or unless otherwise terminated in accordance with this clause 9 or clauses 10 and 13.3. 2. The Agreement may be terminated at any time by the Contract Holder by sending 30 days' written notice to Customer Services or by Us, or Program Manager for Us, sending 30 days’ written notice to You. 3. A cancellation fee may be deducted from the available funds on the Card in accordance with the Schedule. 4. Once your physical 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. ### **10. Causes for Termination** 1. We reserve the right, at any time and without prior notice, at Our discretion to terminate the Agreement, to block or suspend use of the Card, restrict its functionality and/or to demand the return of the Card if any of the following circumstances arise: 1. The Card was not activated within the notified activation period; 2. We reasonably suspect the security of the Card has been compromised in any way; 3. your agreement with Currency Cloud B.V. governing the provision of e-money has been suspended, restricted or terminated; or 4. we are required to do so under Applicable Law or where we believe that continued use of the Card may be in breach of Applicable Law; 5. in the event You, the Card User or any third party engage in any actual or attempted fraudulent activity or We reasonably suspect You or the Card User to have done so; 6. we believe that your continued use of the Card may damage our reputation; 7. we believe that your use of the Card may result in harm to us or our systems; 8. 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; 9. you haven’t given us information we need or we believe that any of the information that you have provided to us is incorrect or false; 10. you do not access your Account for 3 (three) years; 11. we cannot process your Transactions due to the actions of third parties; 12. you have breached this Agreement; 13. in case of non-payment of any annual or other applicable fees, as set out in the Schedule; or 14. You suffer an Insolvency Event or You cease or threaten to cease to carry on Your business. 2. As per clause 3.3, We shall remove the block on the Card as soon as practicable after We are satisfied, acting reasonably, that the reasons for blocking or suspending it no longer exist. If the circumstances for blocking or suspending the Card continue for 1 month, We may terminate the Agreement instead. 3. Any termination or expiry of the Agreement, howsoever caused, shall be without prejudice to any obligations or rights of either of the parties which may be accrued prior to termination or expiry and shall not affect any provision of the Agreement which is expressly or by implication intended to come into effect on, or to continue in effect after, such termination or expiry. 4. The Contract Holder will be responsible for ensuring that all Cards Users have been notified of termination of the Agreement. ### **11. Penalties** 1. In addition to such actions constituting a break of the provisions of this Agreement, any illegal or fraudulent use of the Card by You or the Card User, or with knowledge, may be reported to the Police or any other relevant regulatory authority. 2. You shall be liable to Us for all losses, fees and other expenditure incurred by Us in relation to the recovery, cancellation or reversing of Transactions resulting from the misuse of the Card by You or the Card User or where You break any important provision or repeatedly break any provision of this Agreement and fail to remedy it. ### **12. Confidentiality and Data Protection** 1. TPML will collect certain information about the purchaser and the users 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 10.1(vi) above. 2. 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](https://legal.incard.co/privacy-policy/privacy-policy) which is provided to you at the time we collect your Personal Data. ### **13. Variations of Agreement** 1. We may, at Our discretion, alter this Agreement at any time. 2. We shall instruct Program Manager to give You 15 (fifteen) days’ prior notice by post or email before We make the change, unless the change is required to be implemented earlier by any applicable law, regulation or rule by Card Scheme, or if it relates to a change in the exchange rate. The version of this Agreement displayed on the Website and Corporate Account Platform at any time shall constitute the binding version and shall render any previous one obsolete. You understand that the Website and the Corporate Account Platform should regularly be checked. 3. If You do not agree to the change You should terminate the Agreement in accordance with the provisions of this Agreement. If You do not do so We will assume that You agree to the change and it will be implemented upon the expiry of the notice period. ### **14. Guarantee** 1. Program Manager will at any time replace a Card reported as being defective. The defective product must be returned to Program Manager in that condition by registered post. Postage costs will be reimbursed by adding them to Your Account if the product is proven to be defective after being inspected by Program Manager’s technicians. 2. If Our inspection of a returned Card reported by You or the Card User as being defective shows this to be incorrect then the Card shall be returned to You or the Card User and We may apply administrative fees to the Account, which will be deducted from the available funds in accordance with the Schedule. ### **15. Exclusions** 1. The above guarantee is not applicable if: * the Card is used in a manner which breaks any important term or repeatedly breaks any term of this Agreement; or * you have not taken due care in relation to the storage and/or maintenance of the Card (including by avoiding extended exposure to direct sunlight, exposure to water or high humidity and repeated contact with metal objects such as keys). ### **16. General** 1. Nothing in this Agreement will confer on any third party any benefit under, or the right to enforce this Agreement. 2. We may assign any of Our rights and obligations under this Agreement to any other person or business, subject to such party continuing the obligations to You herein. 3. We may contact You by letter or email using the contact details You provide on the Corporate Account Platform. ### **17. Complaints** 1. The Card program is managed by Program Manager. Should you wish to contact us or complain about any aspect of our service please contact Customer Services. 2. If having received a response from our Customer Services Team you are unhappy with the outcome you can escalate your complaint to Transact Payments Malta Limited’s Complaints Department at . 3. We will make every effort to reach a resolution to your complaint, if we are unable to resolve your issue to your satisfaction, we will explain the reasoning behind our decision. 4. In the unlikely event that we are unable to resolve your issue you have the right to refer your complaint to the Financial Services Commission at: Office of the Arbiter for Financial Services, 1st Floor, St Calcedonius Square, Floriana FRN 1530, Malta (Telephone+ 356 21249245, Website: [https://financialarbiter.org.mt](https://financialarbiter.org.mt/)**.** ### **18. Law** 1. This Agreement and any disputes, which arise under it, shall be exclusively governed and construed in accordance with the laws of Malta. ### **19. Jurisdiction** 1. You agree to the exclusive jurisdiction of the Maltese courts. ### **20. Language** 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. ### **21. The Card Issuer and the Service Provider of the Card** 1. Your Card is issued by Transact Payments Limited pursuant to its licence from the Card Scheme. 2. Program Manager administers and provides the Card issued by Transact Payments Malta Limited and is available to give You customer service support if You have any queries. Our Program Managers also conduct activities such as sponsorship, marketing, and providing the IT platform and will carry out due diligence on You. ## **SCHEDULE TO SECTION B - INCARD CORPORATE OWNED DEBIT CARD** This schedule (“**Schedule**”), together with the Incard Visa Card Terms and Conditions (“**Terms**”) govern the use of your Card. Both the Schedule and the Terms are referred to as the **Agreement**. Your Card is a physical/virtual Card. You will be asked to confirm Your acceptance of this Agreement when you apply for Cards via the Corporate Account Platform. If you refuse to accept this Agreement, We will not be able to complete your order for Cards. Unless specifically stated otherwise, words and expressions in this Schedule have the same meaning and interpretation as defined in the Terms. **Definitions** **Card Scheme:** Visa; Visa is a registered trademark of Visa International **Denominated Currency**: EUR **Permitted country in which the Card can be issued**: France, Belgium, Estonia, Luxembourg, Ireland **Website**: [www.incard.co](http://www.incard.co) **Mobile App:** Incard, available on the Apple App Store. **Customer Services:** The Customer Service Department can be contacted via the below channels: * in-App chat (preferred method) * By e-mail: * By mail: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ * On the Website Chat: [www.incard.co](http://www.incard.co) * Via phone number: +44 20 33 18 11 01 ### **1. Information to be provided in order to activate the Card** The Card user must activate the Card in the Mobile App as soon as it is received by following the instructions detailed on the information documents accompanying the Card. The Card User’s PIN code will be communicated to the Card User at the end of the activation process via the Website/Mobile App in the card management screen. ### **2. Your Card Limits** **Below are the limits for the virtual and physical card profiles. The limits are in the currency of the card.** | Limit per Card | EUR Physical & Virtual – Basic | EUR Physical & Virtual – Incard | EUR Physical & Virtual – Incard Plus | EUR Physical & Virtual – Bespoke | | ---------------------------------------- | ------------------------------ | ------------------------------- | ------------------------------------ | -------------------------------- | | **POS Transaction Limit** | | | | | | Max. Value per day | €10,000 | £20,000 | €30,000 | €50,000 | | | | | | | | **Number of POS Transactions** | | | | | | Max. number per day | 30 | 50 | 60 | 60 | | Max. number per month | 500 | 600 | 900 | 900 | | **Spend value** | | | | | | Max. Spend Value per month | €30,000 | €60,000 | €150,000 | €250,000 | | Max. Spend Value per year | €360,000 | €720,000 | €1,800,000 | €2,400,000 | | **ATM** | | | | | | Min. value per ATM withdrawals | €10 | €10 | €10 | €10 | | Max. value per ATM withdrawals | €300 | €500 | €1000 | €1000 | | Max. number of ATM withdrawals per day | 5 | 5 | 5 | 5 | | Max. value of ATM withdrawals per day | €2,500 | €2,500 | €3,000 | €3,000 | | Max. number of ATM withdrawals per month | 110 | 110 | 110 | 110 | | Max. value of ATM withdrawals per month | €7,500 | €7,500 | €7,500 | €7,500 | You can (i) withdraw cash funds via ATM (although there is a charge for this service as set out below)or (ii) pay for goods and services (via an appropriate electronic payment terminal) at all points of sale (“POS”) terminals that display Visa symbol. ### **3. Your Card Charges** All payments made using Your Card shall be in the Denominated Currency. If the Card is used to pay for goods and services in a different currency to the Denominated Currency, the amount payable shall be converted at the Visa conversion rate. You may also be charged a foreign exchange Fee as set out in the Fee 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. You accept and agree that Articles 3a (5) and (6) of Regulation (EC) 924/2009 (as amended by Regulation (EU) 2019/518) do not apply and that no electronic message will be sent to you upon making a cross-border currency Transaction. A foreign exchange management fee will apply as set out below. **Our full fee schedule is available on our Website:** [**Link**](/archive-fee-schedule-eea-business/business-fees-basic) ## **Section C** This section applies to entities who are based in the European Union and are Microenterprises (as defined in Section C). ### **1. Definitions & Interpretation:**
AccountThe electronic money account provided by Program Manager via Currency Cloud B.V. opened in accordance with your agreement which such e-money provider. For the avoidance of doubt, the issuance of electronic money is not governed by this Agreement.

Cardholder Agreement

App

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

The mobile application provided by Program Manager that allows you to access Card-related functions such as Card activation, viewing Transactions, blocking and unblocking and raising queries with Customer Services in relation to use of the Card.

Applicable Law

Available Balance

any applicable law (including but not limited to, any local law of the jurisdictions into which the Card is provided and the Program is operated), statute, statutory instrument, act, regulation, rule, order, supervisory guidance, policy, instruction or requirement stipulated by an applicable Regulatory Authority, or interpretation promulgated or published by any Regulatory Authority, any order issued by a court having jurisdiction over a party, or any applicable rule or requirement of any Card Scheme related to the issuance, sale, authorisation or usage of the Card and/or services to be provided under this Cardholder Agreement or such other rule as deemed valid by TPML from time to time.

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

Business DayMonday to Friday, 9am to 5pm CET, excluding bank and public holidays in Gibraltar and Malta.
CardAny Card issued to you in accordance with this Cardholder Agreement.
Customer Services

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

  1. Calling +44 20 33 18 11 01 (your network provider may charge a fee for calling this number);
  2. e-mailing support@incard.co from the email address registered to the App; or
  3. writing to 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ
Expiry Date

For Physical Cards: The expiry date showing on your Card.

For Virtual Cards: the expiry date emailed to you following your application for a Virtual Card.

FeeAny fee payable by you as referenced in the Fees & Limits Schedule.
Fees & Limits ScheduleThe schedule contained in this Cardholder Agreement.
KYCMeans “Know Your Customer” and constitutes our verification of your Personal Details.
MerchantA retailer or any other person that accepts e-money.

Microenterprise

Personal

Details/Personal Data

means an entity engaged in any economic activity, irrespective of its legal form, which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet does not exceed EUR 10 million or currency equivalent.

The registered personal identity details relating to the use of your Card and App 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 CardA PVC or metal Card that can be used to carry out Transactions.
PINPersonal Identification Number; that is, the security number provided for use with your Card.

Program

Program Manager

Regulatory Authority

Means the issuance, marketing, sale, processing, administration, supervision, maintenance, servicing, authorisation or usage of the Cards and any other payment services established in accordance with this Cardholder Agreement.

INCARD EUROPE LIMITED incorporated in Malta with company registration number C98684 and registered office address at Level 5, St Julian's Business Centre Elia Zammit Street, ST. JULIANS, Malta.

As the context requires, any Scheme and/or any regulator or agency having jurisdiction over Issuer or Program Manager related to the issuance, marketing, sale, authorisation or usage of the Cards, Program(s) or services provided under this Cardholder Agreement, including without limitation the Malta Financial Services Authority.

SchemeVisa; Visa is a registered trademark of Visa International.
TransactionThe use of 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 PasswordA set of personal codes selected by you in order to access the App;

Virtual Card

Website

A set of verification procedures used as a non-physical equivalent to a Physical Card and providing some or all of the functionality of a physical card. Any reference to a Physical Card in this Cardholder Agreement excludes the Virtual Card.

www.incard.co

we, us or ourTransact Payments Malta Limited (“TPML”), a company incorporated in Malta with registered address at Vault 14, Level 2, Valletta Waterfront, Floriana, FRN 1914, company registration number 91879 and which is authorised by the Malta Financial Services Authority an electronic money institution.
you or yourYou, the person who has entered into this Cardholder Agreement with us by virtue of your use of the Card and any other person you have authorised to use any Cards in accordance with this Cardholder Agreement.
### **2. Your Cardholder Agreement and Card** 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 Cardholder Agreement. 2. You are not permitted to resell the Card. 3. You can download or print the latest version of the above terms and conditions at any time from the App and/or request a paper copy from Customer Services. ### **3. Obtaining and activating your Card** 1. To apply for, and use, a Card you must be at least 18. 2. You may apply for a Card via the App and we may require you to provide information/documentary evidence to prove your identity and address and/or we may carry out electronic identification verification checks on you. We may also request documentation and information in order to allow us to verify your business. 3. When you receive your Card, you must activate it. You may activate your Virtual or Physical Card by logging into the Incard App using MFA authentication and tapping “Activate Card” in the App. You will then enter your CVV to activate the card. 4. Provided we have been able to successfully complete KYC, you shall receive an activation confirmation on the App and you will be able to use the Card. ### **4. Personal Details** 1. 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 Program Manager with. 2. You must notify Program Manager of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in the App. You will be liable for any loss that directly results from any failure to notify us of a change in your Personal Details as a result of 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. 3. We, or Program Manager, 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 Card, you authorise us and Program Manager to undertake electronic identity verification checks on you either directly or using relevant third parties. ### **5. Using your Card** 1. Your use of the Card is subject to the Fees detailed in the Fees & Limits Schedule, which shall be deducted from the Available Balance. 2. You Card is to be used to spend the funds on your Account. Please refer to your agreement you’re your Account provider for information on how to receive funds into your Account. 3. Unless we inform you otherwise, you can use the Card at any Merchant who accepts the Scheme to carry out Transactions. 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 a notification from us, we reserve the right to take all necessary steps, including legal action, to recover this deficit. 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 and you will only be charged for the actual and final value of the Transaction. Merchants may 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 authorization 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. We will only block access to the exact amount of funds authorised by you. 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. We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person. 8. You must not use the Card for: 1. money transfer transaction – 4829; 2. financial institutions - manual cash disbursement transactions – 6010; 3. quasi cash transactions – 6051; 4. security broker/dealer transactions – 6211; 5. payment service provider money transfer transactions – 6531; 6. POI funding transactions – 6540; 7. dating or escort services transactions – 7273; 8. government owned lottery transactions – 7800; 9. government licensed casinos (online gambling) transactions – 7801; 10. government licensed horse/dog racing transactions – 7802; 11. betting, wagering, lottery, gambling tickets or chips transactions – 7995; 12. government-owned lottery transactions (non-U.S. region) – 9406; 13. money transfer - member financial institutions – 6534; 2.1.1.14 moneysend intracountry transactions – 6536; 14. moneysend intercountry transactions – 6537; 15. Mastercard moneysend funding transactions – 6538; and 16. any illegal purposes. 9. Issuance of a Card to you allows you access to various exclusive services (“Platinum Services”). You can find out more about the Platinum Services available to you on the Website and/or Mobile App. ### **6. Authorising Transactions** 1. You will need to give your consent to each Transaction by, where applicable, a) using your PIN or other security code personal to you; or b) providing the Card details and/or providing any other details personal to you and/or your Card. Once you have given such consent to the Transaction, it will be deemed to be authorised. 2. The time of receipt of a Transaction order is when it is received by our processing partner. 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. 3. Certain Merchants may not accept payments made through the Card and we accept no liability for this: it is your responsibility to check the restrictions of each Merchant. 4. Your ability to use or access the Card may occasionally be interrupted, for example if Program Manager or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using your Card and these will be resolved as soon as possible. ### **7. Managing & Protecting Your Card** 1. You will need a Personal Identification Number (PIN) in order to make payments at a Merchant with the Card. Your PIN will be available in the Mobile App. Log in and go to the "Cards" tab, select the card whose PIN you want to see and press “View PIN”. The PIN will be displayed after a biometric ID confirmation. 2. If you forget your PIN, you may retrieve it from the Mobile App following the above-described process. For further assistance with any PIN-related queries, please contact Customer Services. 3. You must not give your Card to any other person or allow any other person to use it. 4. You are responsible for your Card, PIN, App and any related security details (“Security Details”) and must take all possible measures to keep them safe and entirely confidential. Such measures include (but are not limited to): 1. never letting any other person use your Security Details; 2. never writing your Security Details on your Card or on anything you usually keep with your Card; 3. keeping your Security Details secret at all times for example, by not using your PIN if anyone else is watching. 5. Failure to comply with this condition 8 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 12. 6. If you believe that someone else knows any of your Security Details, you must notify us by contacting Customer Services immediately. 7. If we suspect any fraud or security threat related to your card, Program Manager will reach out to you securely through in-app chat with a push notification. If needed, the Program Manager shall also follow up via email. 8. 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. ### **8. Cancellation** 1. You may terminate your Card at any time by contacting Customer Services. 2. Once your Card has been cancelled, it will be your responsibility to destroy your Physical Card(s). 3. If 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. ### **9. Expiry** 1. You will not be able to use your Card following its Expiry Date. This Cardholder Agreement shall terminate on the Expiry Date unless you are issued with a replacement card. ### **10. Termination or Suspension of your Card** 1. When this Cardholder Agreement is terminated, your Card cannot be used. We, or Program Manager for us, may terminate this Cardholder Agreement at any time by giving you two months’ advance notice (which will be sent to the email address that you have provided to us); 2. We, or Program Manager for us, can suspend your Card, restrict its functionality or terminate this Cardholder Agreement at any time with immediate effect if: 1. you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or 2. you do not repay money that you owe to us; or 3. you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Cardholder Agreement; or 4. 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; 5. your agreement with Currency Cloud B.V. governing the provision of e-money has been suspended, restricted or terminated; or 6. we believe that your use of the Card may result in harm to us or our systems; or 7. we believe that your continued use of the Card may damage our reputation; or 8. you become bankrupt; or 9. we are required to do so under Applicable Law or where we believe that continued operation of the Program may be in breach of Applicable Law; or 10. we cannot process some or all of your Transactions due to the actions of third parties; or 11. you have breached this Cardholder Agreement. 3. In the event that we do suspend or terminate your Card then, where lawfully permitted, we or Program Manager 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. ### **11. Loss or Theft of your Card.** 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 unless you contact us as specified in this condition. 2. You must contact us without delay by calling us on our 24-hour lost and stolen card helpline +44 20 33 18 11 01, if you know or suspect that a Card is lost, stolen, misappropriated or subject to unauthorised use or that the PIN or any of the Security Details is known to an unauthorised person or you think that a Transaction has been incorrectly executed. 3. 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 Cardholder 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. 4. Once a loss, theft or unauthorised use of your Card is reported, use of the Card shall be blocked to avoid further losses. 5. Replacement Cards will be sent to the most recent address you have provided and may be subject to a Fee, which will be set out in the Fees & Limits Schedule. 6. You agree to cooperate with our agents, any Regulatory Authority, the police and us if your Card is lost, stolen or if we suspect fraudulent use of the Card. 7. In the event that you inform us of any unauthorised or incorrectly executed Transaction without undue delay, or 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 Cardholder Agreement, through gross negligence or we have reasonable grounds to suspect fraud. 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. 9. In the event that a Transaction that was executed within European Economic Area arrived later than it should have according to the terms of this Cardholder Agreement, you may request that we contact the receiving payment institution to ask them to treat it as if it was made on time. ### **12. Payment Disputes** 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. 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. 3. If you have reason to believe that a Transaction was carried out without your consent or in error, you may ask Program Manager to investigate the Transaction. If an investigation occurs, 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, subject to the Fees & Limits Schedule. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand. ### **13. Foreign Exchange** 14.1 If you use your Card in a currency other than the currency in which your Card is denominated (“Foreign Currency Transaction”), the amount deducted from your Available Balance will be the amount of the Foreign Currency Transaction converted to your Card currency using a rate set by the Scheme. 14.2 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 prior to making a Foreign Currency Transaction. This information will also be sent to you by push notification after making a relevant Foreign Currency Transaction, where required by applicable law. You are able to opt out of receiving this notification by disabling push notifications in your phone's settings. ### **14. Our Liability** 1. We shall not be liable for: 1. 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; 2. any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; 3. any use of this Card that is contrary to this Cardholder Agreement; 4. any goods or services that are purchased with the Card; and 5. any damages due to loss, fraud or theft that you have reported to us later than 13 months after the event. 2. We will not be liable to you if your contact details have changed and you have not told us. 3. Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card; 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. 5. Nothing in this Cardholder Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud. 6. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded. 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, representatives and any of their respective affiliates (if any), to you, which may arise in connection with this Cardholder Agreement. For all intents and purposes of law, we are appearing hereon also as agents for our affiliates such as the Schemes, and other suppliers, contractors, representatives and any of their respective affiliates (if any), limitedly for the purpose of this clause. ### **15. Complaints** 1. Should you wish to make a complaint about your Card, you may contact Customer Services by email at to submit details of any such complaint. 2. Upon our receipt of your emailed complaint, we shall endeavour to respond to you as quickly as possible but in any event we shall reply to you by email and (where applicable) by phone call within 15 Business Days. 3. If, having received a response from our Customer Services team, you are unhappy with the outcome you can escalate your complaint to TPML’s Complaints Department by writing to 4. If TPML’s Complaints Department 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 your complaint. 5. We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision. 6. In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Arbiter for Financial Services at the following address: Office of the Arbiter for Financial Services, 1st Floor, St Calcedonius Square, Floriana FRN 1530, Malta (Telephone+ 356 21249245, Website: [https://financialarbiter.org.mt](https://financialarbiter.org.mt/)) ### **16. General Communication** 1. Any communication from us or from Program Manager to you will be given via email (using the latest contact details with which you have provided us). 2. You may contact Customer Services via the details which are set out in clause 1. ### **17. Personal Data** 1. TPML will collect certain information about the purchaser and the users 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 Cardholder Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Cardholder Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Cardholder Agreement in accordance with clause 11.1(iii) above. 2. 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](https://legal.incard.co/privacy-policy/privacy-policy) which is provided to you at the time we collect your Personal Data. ### **18. Changes to the Terms and Conditions** 1. We may update or amend this Cardholder Agreement at any time on at least 2 months’ advance notice, which we shall instruct Program Manager to give you by post or email (using the latest contact details you have you have provided us with). 2. If you do not agree with the changes to the Cardholder Agreement, you may at any time within the 2-month notice period terminate your Cardholder Agreement. You will be deemed to have accepted any change to this Cardholder Agreement unless you notify us before the proposed date of the change. 3. If any part of this Cardholder 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. ### **19. Language** The English language version of this Cardholder Agreement and of any communications and Website content will prevail over any other language version which we may issue from time to time. ### **20. Governing Law** 1. This Cardholder Agreement is governed by Maltese law. ### **21. Jurisdiction** 1. You agree to the non-exclusive jurisdiction of the courts of Malta. ### **22. Miscellaneous** 1. Any delay or failure to exercise any right or remedy under this Cardholder Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time. 2. 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 Malta. Please refer to your agreement with Currency Cloud B.V. governing the provision of e-money to find out more about the safeguarding of your funds. 3. If any provision of this Cardholder Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect. 4. You may not assign or transfer any of your rights and/or benefits under this Cardholder 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 Cardholder Agreement have been paid by you in full. We may assign our rights and benefits under this Cardholder Agreement to a third party and may subcontract any of our obligations under this Cardholder Agreement. ## **Fees and Limits Schedule – Applicable to Section C** ### **Limits** | Limit per Card | EUR Physical & Virtual – Basic | EUR Physical & Virtual – Incard | EUR Physical & Virtual – Incard Plus | EUR Physical & Virtual – Bespoke | | ---------------------------------------- | ------------------------------ | ------------------------------- | ------------------------------------ | -------------------------------- | | **POS Transaction Limit** | | | | | | Max. Value per day | €10,000 | €20,000 | €30,000 | €50,000 | | | | | | | | **Number of POS Transactions** | | | | | | Max. number per day | 30 | 50 | 60 | 60 | | Max. number per month | 500 | 600 | 900 | 900 | | **Spend value** | | | | | | Max. Spend Value per month | €30,000 | €60,000 | €150,000 | €250,000 | | Max. Spend Value per year | €360,000 | €720,000 | €1,800,000 | €2,400,000 | | **ATM** | | | | | | Min. value per ATM withdrawals | €10 | €10 | €10 | €10 | | Max. value per ATM withdrawals | €300 | €500 | €1000 | €1000 | | Max. number of ATM withdrawals per day | 5 | 5 | 5 | 5 | | Max. value of ATM withdrawals per day | €2,500 | €2,500 | €3,000 | €3,000 | | Max. number of ATM withdrawals per month | 110 | 110 | 110 | 110 | | Max. value of ATM withdrawals per month | €7,500 | €7,500 | €7,500 | €7,500 | You can (i) withdraw cash funds via ATM (although there is a charge for this service as set out below) or (ii) pay for goods and services (via an appropriate electronic payment terminal) at all points of sale (“POS”) terminals that display the Visa symbol. ### Fees **Our full fee schedule is available on our Website:** [**Link**](/archive-fee-schedule-eea-business/business-fees-basic) # Business Fees - BASIC Last Update: 24 July 2024 Open your custom business account. Select the subscription designed for you. Adjust or cancel anytime. ## INCARD BASIC - EEA ## **1. Subscription** #### **SUBSCRIPTION FEE** €34.00 a month or €346 a year (if you pay yearly).
## **2. Add Funds** #### **ADD MONEY** Add money by bank transfer to your home account. * Free.
## **3. Cards** #### **FIRST INCARD CARD** * Free. Your first Regular Incard card is free. Outside of your plan allowance, we charge a €9.99 fee per additional Regular Incard Card. #### **INCARD METAL CARD** * €69. We charge a €69 fee per Incard Metal Card. #### **VIRTUAL INCARD CARD** * Free. Your 5 first Virtual Incard Cards are free. Outside of your plan allowance, we charge a €2 fee per extra Virtual Incard Card per month.
## **4.** Transfer Without Borders #### **TRANSFER TO INCARD ACCOUNTS** * Free. #### **LOCAL PAYMENTS** * Free. The first 50 local payments are free. This means payments in your base currency that are sent to an account in your country. Outside of your plan allowance, we charge a €0.30 fee per local payment. #### **PAYMENTS WITHIN THE SINGLE EUROPEAN PAYMENT AREA** * Free. This means payments in euros that are sent to an account outside your country but inside the Single Euro Payments Area (known as "SEPA"). We count payment in SEPA as a local payment, the first 50 local payments are free. Outside of your plan allowance, we charge a €0.30 fee per local payment. #### **INTERNATIONAL PAYMENTS & SWIFT SHA** * €5. We charge a €5 fee per international payment. You will always see the fee in the app before confirming the transfer. #### **SWIFT OUR** * €20. If you select the option “OUR” when creating a SWIFT payment, we charge a €20 fee per payment. When making an international payment, intermediary banks may deduct fees from the amount you send. Our “OUR” feature lets you pay a flat upfront fee, ensuring the recipient receives the full amount. This replaces the standard international payment fee. The fee amount depends on your base currency and may change over time, but you will always see the current fee in the app before confirming the transfer. You can view our current fees and the available routes for this feature on our pricing page here. ## **5. Exchange** #### **CURRENCY EXCHANGE** * 0.6%. When you exchange currencies with Incard, the applicable rate includes the following components: * The interbank rate. * A 0.6% fee during market hours and a 1% fee outside market hours. Whenever possible, the rate, any applicable fees, and the total cost will be displayed in the app before you make an exchange. The only exception is when you make a card purchase that requires a real-time currency exchange (for example, if you make a purchase in USD but don't have enough USD in your USD balance, necessitating an immediate conversion). In such cases, the total cost cannot be shown in advance, but you will be able to view a detailed breakdown of the cost in the app after the transaction. ## **6. Spend** #### **CARD PAYMENT** * Free. #### **ATM WITHDRAWAL DOMESTIC** * 2%. A 2% fee applies to domestic ATM withdrawals. Some merchants in certain countries may charge an extra fee for card payments, which will be disclosed at the time of purchase. #### **ATM WITHDRAWAL INTERNATIONAL** * 2.5%. A 2.5% fee applies to international ATM withdrawals. In some countries, additional fees or surcharges may be imposed by the ATM provider or financial institution, which we do not control or know about. #### **FX FEE (MARK-UP ON THE VISA RATE\*)** * 1% A fee applies to all transactions (payments and withdrawals) made in a currency different from the Card's currency. \*The Visa Rate is the exchange rate used by Visa for currency conversions. You can check it here: [Visa Exchange Rate Calculator](https://www.visa.ie/support/consumer/travel-support/exchange-rate-calculator.html). #### **CHARGEBACKS** * €25. This fee is not charged when the chargeback proves to be genuine. ## **7. Users** #### **USER SEATS** * Free. As an Incard Basic user, your first User Seat is free. Outside of your plan allowance, we charge a €12 fee per additional User Seat per month. ## **8. Integrations** #### **PLATFORM INTEGRATIONS** * €5. As an Incard Basic user, a €5 fee will applies per extra connection per month. ## **9. Rewards** #### **CASHBACK REVENUES** * 0.5%. We offer 0.5% cashback on points earned from eligible purchases. Please refer to the [reward policy](/other-terms/rewards-policy) for more details. There is no limit to how much you can earn.
# Business Fees - INCARD Last Update: 24 July 2024 Open your custom business account. Select the subscription designed for you. Adjust or cancel anytime. ## INCARD SUBSCRIPTION - EEA ## **1. Subscription** #### **SUBSCRIPTION FEE** €99.00 a month or €1,010 a year (if you pay yearly).
## **2. Add Funds** #### **ADD MONEY** Add money by bank transfer to your home account. * Free.
## **3. Cards** #### **FIRST INCARD CARD** * Free. Your 2 (two) first Regular Incard cards are free. Outside of your plan allowance, we charge a €9.99 fee per additional Regular Incard Card. #### **INCARD METAL CARD** * €69. We charge a €69 fee per Incard Metal Card. #### **VIRTUAL INCARD CARD** * Your 10 first Virtual Incard Cards are free. Outside of your plan allowance, we charge a €2 fee per extra Virtual Incard Card per month. * Free. ## **4.** Transfer Without Borders #### **TRANSFER TO INCARD ACCOUNTS** * Free. #### **LOCAL PAYMENTS** * Free. The first 100 local payments are free. This means payments in your base currency that are sent to an account in your country. Outside of your plan allowance, we charge a €0.30 fee per local payment. #### **PAYMENTS WITHIN THE SINGLE EUROPEAN PAYMENT AREA** * Free. This means payments in euros that are sent to an account outside your country but inside the Single Euro Payments Area (known as "SEPA"). We count payment in SEPA as a local payment, the first 100 local payments are free. Outside of your plan allowance, we charge a €0.30 fee per local payment. #### **INTERNATIONAL PAYMENTS & SWIFT SHA** * Free. As a user under the INCARD plan, the first 5 international payments are free. Outside of your plan allowance, we charge a €5 fee per international payment. You will always see the fee in the app before confirming the transfer. #### **SWIFT OUR** * €20. If you select the option “OUR” when creating a SWIFT payment, we charge a €20 fee per payment. When making an international payment, intermediary banks may deduct fees from the amount you send. Our “OUR” feature lets you pay a flat upfront fee, ensuring the recipient receives the full amount. This replaces the standard international payment fee. The fee amount depends on your base currency and may change over time, but you will always see the current fee in the app before confirming the transfer. You can view our current fees and the available routes for this feature on our pricing page here. ## **5. Exchange** #### **CURRENCY EXCHANGE** * 0.6%. When you exchange currencies with Incard, the applicable rate includes the following components: * The interbank rate. * A 0.6% fee during market hours and a 1% fee outside market hours. Whenever possible, the rate, any applicable fees, and the total cost will be displayed in the app before you make an exchange. The only exception is when you make a card purchase that requires a real-time currency exchange (for example, if you make a purchase in USD but don't have enough USD in your USD balance, necessitating an immediate conversion). In such cases, the total cost cannot be shown in advance, but you will be able to view a detailed breakdown of the cost in the app after the transaction. ## **6. Spend** #### **CARD PAYMENT** * Free. #### **ATM WITHDRAWAL DOMESTIC** * 2%. A 2% fee applies to domestic ATM withdrawals. Some merchants in certain countries may charge an extra fee for card payments, which will be disclosed at the time of purchase. #### **ATM WITHDRAWAL INTERNATIONAL** * 2.5%. A 2.5% fee applies to international ATM withdrawals. In some countries, additional fees or surcharges may be imposed by the ATM provider or financial institution, which we do not control or know about. #### **FX FEE (MARK-UP ON THE VISA RATE\*)** * 1% A fee applies to all transactions (payments and withdrawals) made in a currency different from the Card's currency. \*The Visa Rate is the exchange rate used by Visa for currency conversions. You can check it here: [Visa Exchange Rate Calculator](https://www.visa.ie/support/consumer/travel-support/exchange-rate-calculator.html). #### **CHARGEBACKS** * €25. This fee is not charged when the chargeback proves to be genuine. ## **7. Users** #### **USER SEATS** * Free. As an INCARD user, your 3 first User Seats are free. Outside of your plan allowance, we charge a €12 fee per additional User Seat per month. ## **8. Integrations** #### **PLATFORM INTEGRATIONS** * Free. As a user under the INCARD plan, you can integrate up to 5 platforms and/or banks for free. We will charge a €5 fee per extra connection per month. ## **9. Rewards** #### **CASHBACK REVENUES** * 0.5%. We offer 0.5% cashback on points earned from eligible purchases. Please refer to the [reward policy](/other-terms/rewards-policy) for more details. There is no limit to how much you can earn. # Business Fees - INCARD PLUS Last Update: 24 July 2024 Open your custom business account. Select the subscription designed for you. Adjust or cancel anytime. ## INCARD PLUS SUBSCRIPTION - EEA ## **1. Subscription** #### **SUBSCRIPTION FEE** €249.00 a month or €2,540.00 a year (if you pay yearly).
## **2. Add Funds** #### **ADD MONEY** Add money by bank transfer to your home account. * Free.
## **3. Cards** #### **FIRST INCARD CARD** * Free. Your 3 first Regular Incard cards are free. Outside of your plan allowance, we charge a €9.99 fee per additional Regular Incard Card. #### **INCARD METAL CARD** * Free. As an INCARD PLUS user, your first Incard Metal Card is free.We charge a €69 fee per additional Incard Metal Card. #### **VIRTUAL INCARD CARD** * Free. Your 25 first Virtual Incard Cards are free. Outside of your plan allowance, we charge a €2 fee per extra Virtual Incard Card per month. ## **4.** Transfer Without Borders #### **TRANSFER TO INCARD ACCOUNTS** * Free. #### **LOCAL PAYMENTS** * Free. The first 250 local payments are free. This means payments in your base currency that are sent to an account in your country. Outside of your plan allowance, we charge a €0.30 fee per local payment. #### **PAYMENTS WITHIN THE SINGLE EUROPEAN PAYMENT AREA** * Free. This means payments in euros that are sent to an account outside your country but inside the Single Euro Payments Area (known as "SEPA"). We count payment in SEPA as a local payment, the first 250 local payments are free. Outside of your plan allowance, we charge a €0.30 fee per local payment. #### **INTERNATIONAL PAYMENTS & SWIFT SHA** * Free. As a user under the INCARD PLUS plan, the first 10 international payments are free. Outside of your plan allowance, we charge a €5 fee per international payment. You will always see the fee in the app before confirming the transfer. #### **SWIFT OUR** * €20. If you select the option “OUR” when creating a SWIFT payment, we charge a €20 fee per payment. When making an international payment, intermediary banks may deduct fees from the amount you send. Our “OUR” feature lets you pay a flat upfront fee, ensuring the recipient receives the full amount. This replaces the standard international payment fee. The fee amount depends on your base currency and may change over time, but you will always see the current fee in the app before confirming the transfer. You can view our current fees and the available routes for this feature on our pricing page here. ## **5. Exchange** #### **CURRENCY EXCHANGE** * Free. As a user under the INCARD plan, when you exchange currencies with Incard, you have no mark-up up to €10,000, which means that you can exchange funds at the interbank rate. Above this free allowance, the applicable rate includes the following components: * The interbank rate. * A 0.6% fee during market hours and a 1% fee outside market hours. Whenever possible, the rate, any applicable fees, and the total cost will be displayed in the app before you make an exchange. The only exception is when you make a card purchase that requires a real-time currency exchange (for example, if you make a purchase in USD but don't have enough USD in your USD balance, necessitating an immediate conversion). In such cases, the total cost cannot be shown in advance, but you will be able to view a detailed breakdown of the cost in the app after the transaction. ## **6. Spend** #### **CARD PAYMENT** * Free. #### **ATM WITHDRAWAL DOMESTIC** * 2%. A 2% fee applies to domestic ATM withdrawals. Some merchants in certain countries may charge an extra fee for card payments, which will be disclosed at the time of purchase. #### **ATM WITHDRAWAL INTERNATIONAL** * 2.5%. A 2.5% fee applies to international ATM withdrawals. In some countries, additional fees or surcharges may be imposed by the ATM provider or financial institution, which we do not control or know about. #### **FX FEE (MARK-UP ON THE VISA RATE\*)** * 1% A fee applies to all transactions (payments and withdrawals) made in a currency different from the Card's currency. \*The Visa Rate is the exchange rate used by Visa for currency conversions. You can check it here: [Visa Exchange Rate Calculator](https://www.visa.ie/support/consumer/travel-support/exchange-rate-calculator.html). #### **CHARGEBACKS** * €25. This fee is not charged when the chargeback proves to be genuine. ## **7. Users** #### **USER SEATS** * Free. As an INCARD user, your 5 first User Seats are free. Outside of your plan allowance, we charge a €12 fee per additional User Seat per month. ## **8. Integrations** #### **PLATFORM INTEGRATIONS** * Free. As a user under the INCARD PLUS plan, you can integrate up to 10 platforms and/or banks for free. We will charge a €5 fee per extra connection per month. ## **9. Rewards** #### **CASHBACK REVENUES** * 0.5%. We offer 0.5% cashback on points earned from eligible purchases. Please refer to the [reward policy](/other-terms/rewards-policy) for more details. There is no limit to how much you can earn. # Business Fees - BESPOKE Last Updated: July 24, 2024 Open your custom business account. Select the subscription designed for you. Adjust or cancel anytime. ## BESPOKE SUBSCRIPTION - EEA ## **1. Subscription** #### **SUBSCRIPTION FEE** Custom.
## **2. Add Funds** #### **ADD MONEY** Add money by bank transfer to your home account. * Free.
## **3. Cards** #### **FIRST INCARD CARD** * Free. A Custom number of Regular Incard cards is free. Outside of your custom plan allowance, we charge a €9.99 fee per additional Regular Incard Card. #### **INCARD METAL CARD** * Free. As a user under the CUSTOM plan, your custom number of Incard Metal Card is free.We charge a €69 fee per additional Incard Metal Card. #### **VIRTUAL INCARD CARD** * Free. A custom number of Virtual Incard Cards is free. Outside of your plan allowance, we charge a €2 fee per extra Virtual Incard Card per month. ## **4.** Transfer Without Borders #### **TRANSFER TO INCARD ACCOUNTS** * Free. #### **LOCAL PAYMENTS** * Free. A custom number of local payments is free. This means payments in your base currency that are sent to an account in your country. Outside of your plan allowance, we charge a €0.30 fee per local payment. #### **PAYMENTS WITHIN THE SINGLE EUROPEAN PAYMENT AREA** * Free. This means payments in euros that are sent to an account outside your country but inside the Single Euro Payments Area (known as "SEPA"). We count payment in SEPA as a local payment, A custom number of local payments is free. Outside of your plan allowance, we charge a €0.30 fee per local payment. #### **INTERNATIONAL PAYMENTS & SWIFT SHA** * Free. As a user under the CUSTOM plan, a custom number of international payments is free. Outside of your plan allowance, we charge a €5 fee per international payment. You will always see the fee in the app before confirming the transfer. #### **SWIFT OUR** * €20. If you select the option “OUR” when creating a SWIFT payment, we charge a €20 fee per payment. When making an international payment, intermediary banks may deduct fees from the amount you send. Our “OUR” feature lets you pay a flat upfront fee, ensuring the recipient receives the full amount. This replaces the standard international payment fee. The fee amount depends on your base currency and may change over time, but you will always see the current fee in the app before confirming the transfer. You can view our current fees and the available routes for this feature on our pricing page here. ## **5. Exhange** #### **CURRENCY EXCHANGE** * Free. As a user under the BESPOKE plan, when you exchange currencies with Incard, you have no mark-up up to a custom amount, which means that you can exchange funds at the interbank rate. Above this free allowance, the applicable rate includes the following components: * The interbank rate. * A 0.6% fee during market hours and a 1% fee outside market hours. Whenever possible, the rate, any applicable fees, and the total cost will be displayed in the app before you make an exchange. The only exception is when you make a card purchase that requires a real-time currency exchange (for example, if you make a purchase in USD but don't have enough USD in your USD balance, necessitating an immediate conversion). In such cases, the total cost cannot be shown in advance, but you will be able to view a detailed breakdown of the cost in the app after the transaction. ## **6. Spend** #### **CARD PAYMENT** * Free. #### **ATM WITHDRAWAL DOMESTIC** * 2%. A 2% fee applies to domestic ATM withdrawals. Some merchants in certain countries may charge an extra fee for card payments, which will be disclosed at the time of purchase. #### **ATM WITHDRAWAL INTERNATIONAL** * 2.5%. A 2.5% fee applies to international ATM withdrawals. In some countries, additional fees or surcharges may be imposed by the ATM provider or financial institution, which we do not control or know about. #### **FX FEE (MARK-UP ON THE VISA RATE\*)** * 0% A fee applies to all transactions (payments and withdrawals) made in a currency different from the Card's currency. \*The Visa Rate is the exchange rate used by Visa for currency conversions. You can check it here: [Visa Exchange Rate Calculator](https://www.visa.ie/support/consumer/travel-support/exchange-rate-calculator.html). #### **CHARGEBACKS** * €25. This fee is not charged when the chargeback proves to be genuine. ## **7. Users** #### **USER SEATS** * Free. As a user under the BESPOKE plan, a custom number of User Seats is free. Outside of your plan allowance, we charge a €12 fee per additional User Seat per month. ## **8. Integrations** #### **PLATFORM INTEGRATIONS** * Free. As a user under the BESPOKE plan, you can integrate a custom number of platforms and/or banks for free. We will charge a €5 fee per extra connection per month. ## **9. Rewards** #### **CASHBACK REVENUES** * 0.5%. We offer 0.5% cashback on points earned from eligible purchases. Please refer to the [reward policy](/other-terms/rewards-policy) for more details. There is no limit to how much you can earn.