Lyk Prepaid Mastercard® Terms and Conditions
By purchasing or requesting the Lyk Prepaid Mastercard (the “Card”), you agree that you accept and shall comply with these terms and conditions. This is a copy of the Agreement for you to keep. A further copy is available on request (see Contact details).
1. In these Terms and Conditions:
AED means the lawful currency of the United Arab Emirates;
Agreement means these terms and conditions;
ATM means cash machine;
AUD or AU$ means the lawful currency of Australia;
CAD or CA$ means the lawful currency of Canada;
Card means the “Lyk Prepaid Mastercard” with ATM and Merchant access and functionality, as set out in the Agreement;
Card Fund means the aggregate sum of the funds loaded onto the Card in each Currency and available for transactions;
Card Services means any services, including call centre services, provided by us or our third party service provider, Mastercard Prepaid Management Services Limited (the “Programme Manager”), in connection with the Card;
CHF means the lawful currency of Switzerland and Liechtenstein;
Currency means, subject to clause 2.4, any one (1) or more of GBP, EUR, USD, AUD, CAD, NZD, ZAR, TRY, CHF, AED and any additional currency that we may make available in connection with the Card from time to time;
EUR or EU means the lawful currency of the Eurozone;
GBP or GB£ means the lawful currency of Great Britain;
Merchant means a provider of goods and/or services who accepts the Card as a means of payment whether at a distance (e.g. by telephone and online) or over the counter as applicable;
My Account means the web application at www.lykcard.com (or any other online application we notify to you, which gives access to information about the Card using the security details;
NZD or NZ$ means the lawful currency of New Zealand;
PIN means a unique Personal Identi cation Number allocated to each Card;
Purchase Location means any participating branch of the business from which you purchased the Card within the country of purchase, and/or online, as applicable;
TRY means the lawful currency of the Republic of Turkey;
USD or US$ means the lawful currency of the United States of America;
we, us, our means R. Raphael & Sons plc;
working day means Monday to Friday 9am to 5pm, except for any public bank holidays in England and Wales;
you, your means the purchaser of the Card;
ZAR means the lawful currency of South Africa.
2. The Card
2.1 To apply for the Card, you must be at least eighteen (18) years old and a UK resident. We may ask to see evidence of who you are and your address. We may ask for documentary evidence to prove this and/or we may carry out checks on you electronically.
2.2 When we perform electronic checks, Personal Information provided by you may be disclosed to a registered credit reference agency or fraud prevention agency, who may keep a record of that information (see clause 13). By purchasing or requesting the Card, you agree to your Personal Information being passed to such agencies for this purpose.
2.3 The Card can be loaded using GBP, converted into any available Currency and the exchange rate will be determined by the Purchase Location. Please check with the Purchase Location or at www.lykcard.com to find out how you can reload the Card, as we may make additional methods available to reload the Card from time to time. Unless otherwise notified to you, the Agreement shall apply to such additional methods. You may only use the Card in accordance with the Agreement.
2.4 The Currencies available in respect of the Card may vary from time to time. Before you make a decision to purchase a Card, please check with the Purchase Location or on www.lykcard.com for details of available Currencies. We may introduce new Currencies from time to time. If we introduce a new Currency, the Agreement shall apply to such new Currency, and unless otherwise notified to you, the fees and limits set out in section 6 shall be deemed amended to apply to such new Currency.
2.5 Subject to clause 3.3, you are responsible for determining the amount held in each Currency and for ensuring you have sufficient funds for all transactions. Subject to the terms of the Agreement, you may allocate amounts between the various Currencies via My Account at www.lykcard.com and/or by such additional methods as we may make available to you from time to time.
2.6 There is no interest payable to you on the balance and the Card Fund does not amount to a deposit with us.
3. Using the Card
3.1 The Card can be used worldwide at ATMs and Merchants, including shops, restaurants and online, providing there are sufficient funds available on the Card for the transaction, including any applicable fees. The Card may not operate in some countries or geographical regions, due to restrictions. Please verify the list of countries and regions with restrictions at www.lykcard.com.
3.2 Subject to clauses 3.3 and 8.3, the applicable Currency balance (and therefore the total Card Fund) will be debited with the amount of each cash withdrawal or transaction plus any fee, and these debits will reduce the balance of the applicable Currency (and therefore the total Card Fund). Merchants that accept the Card are required to seek authorisation from us for all the transactions that you make. Some Merchants may not be able to authorise your transaction if they cannot obtain an online authorisation from us. Examples include some in-flight purchases, car park vending machines and toll booths. If you want to make a transaction using your Card or Card details, you will need to authorise it by using your Card, the PIN, your signature or other security code, or a combination of these. We cannot stop a transaction once authorised.
3.3 If there are insufficient funds in a particular Currency to pay for a transaction, the balance of the transaction will be automatically processed using other Currencies held on the Card in the following order of priority: GBP, EUR, USD, AUD, CAD, NZD, ZAR, TRY, CHF and AED. If, following use of the available balances of all Currencies, there are still insufficient funds to pay for a transaction, the Card may be declined or the Merchant may allow you to pay the balance by some other means. If we change the Currencies available to you in connection with the Card, then we will notify you of the new order of priority for the purposes of the Agreement directly and/or through www.lykcard.com.
3.4 When using the Card at certain Merchants including bars and restaurants, an additional amount (typically 10%-20%) is automatically added as an anticipated service charge or tip, temporarily reducing the balance on the Card. When the Card is used to purchase fuel at an automated fuel pump, the Card must have a minimum balance of GB£50 or currency equivalent. This is to ensure there are sufficient funds available to cover the final cost of the transaction and to reduce the risk of a negative balance arising on the Card. If your actual service charge or tip is less than the additional amount added or you spend less than the minimum amount when purchasing fuel, it may take up to seven (7) days from the date of the transaction before the difference is available to spend. Only the actual amount of the final bill agreed between you and the Merchant will be deducted from the Card. For further information please refer to the FAQs at www.lykcard.com. If the value of the final bill exceeds the relevant available Currency balance on the Card, the remaining amount will be funded by converting that amount into the next available Currency in the order of priority (see clause 8).
3.5 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 to the Card as a result of such arrangements will be considered to have been authorised by you.
3.6 The Card is only for your use and expires on the date on the front of the Card. Upon expiry you will still be able to obtain a refund of the balance in accordance with the Agreement, or you may choose to transfer the remaining funds to a new Card. You may be charged for this service.
3.7 If the Card is damaged, lost or stolen, you may contact Card Services to request a replacement Card (“Replacement Card”). Any request for a Replacement Card must be made on or before the Termination Date and the balance of the Card will be transferred to the Replacement Card. A Replacement Card will be free of charge.
3.8 A monthly inactivity fee will be applied until the balance of the Card is zero (0), unless you have used the Card for loads, reloads or transactions in the previous fteen (15) months. The monthly inactivity fee is deducted from the Card Fund. If a foreign exchange conversion takes place, the foreign exchange rate used is the rate determined by Mastercard® to be the wholesale rate in effect on the day the fee is applied.
3.9 You agree not to use the Card for money transfers (i.e. sending the funds to a third party) or to access money transfer services, or for accessing or purchasing goods from adult or gambling locations or internet sites, or for any unlawful activity. 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. We reserve the right to suspend the Card, terminate the Agreement and exercise any other remedies available to us due to your failure to comply with any part of this provision.
3.10 The Card can only be used if it is in credit. In the unlikely event that the Card Fund drops below zero (0), following any transaction authorised by you, the resulting debit balance immediately becomes a debt, payable by you to us and a shortfall fee may be payable (see the fees and limits set out in section 6). You agree to reload the Card Fund, including the shortfall fee, to bring the balance back to zero (0) or above, within thirty (30) days of request. If the Card Fund does drop below zero (0), you must not make any subsequent transactions.
3.11 If you are entitled to a refund for goods or services purchased using the Card, or another credit for any other reason, this will be made to the Card and a foreign exchange rate may be applied.
3.12 We are entitled to set off any sum of money on the Card due from you to us against any positive balance on any other card held by you with us.
4. Keeping the Card and PIN secure
4.1 You must sign the back of the Card as soon as you receive it.
4.2 You must do all that you reasonably can to keep the Card and the PIN and other security details secret and safe at all times and not disclose them to any third party.
4.3 You must never allow anyone else to use the Card, PIN or other security information.
4.4 We will never ask you to reveal any PIN.
4.5 You will be able to change the PIN at any participating ATM in the UK and Europe that has a PIN change facility. If you forget the PIN, you can obtain a PIN reminder via My Account at www.lykcard.com or by calling Card Services at any time, answering the security questions you supplied on your application and following the prompts.
4.6 The PIN may be disabled if an incorrect PIN is entered three (3) times. If the PIN is disabled, please contact Card Services for assistance. There may be a twenty-four (24) hour delay in reactivating the PIN, and we may not be able to reactivate the PIN whilst you are abroad. If the PIN is disabled, or if a Merchant does not accept chip and PIN or contactless, you will be required to sign for any transactions at Merchants, provided that this is supported by and acceptable to the Merchant.
4.7 You must call Card Services immediately and without undue delay if the Card is lost or stolen, you believe it could be misused, or you suspect that someone else may know the PIN or any other security details. We will suspend the Card to prevent further use. If a lost Card is subsequently found, it must not be used unless Card Services confirm it may be used.
4.8 You will be required to confirm details of any loss, theft or misuse to Card Services in writing and you must assist us and the police in any enquiries.
4.9 We may suspend the Card, with or without notice, if we think the Card has been or is likely to be misused, or if you break any important term or you repeatedly break any term and fail to remedy it, or if we suspect any illegal use of the Card. If we do suspend the Card, we will inform you of our decision, unless such disclosure is prohibited by law or would otherwise compromise fraud prevention or security measures.
4.10 If you authorise a transaction and we consider that all of the conditions set out below apply, we will refund the full amount of the payment, or provide you with our reasons for refusal, or request that you provide additional information as is reasonably necessary to verify that such conditions apply, within ten (10) working days of receiving your request or if so requested within ten (10) working days of receiving any such additional information required: (a) you did not know the exact amount of the payment when you gave your authority (for example in the case of an authorisation for a hire car or hotel room); and (b) the amount charged exceeds the amount you reasonably expected to pay, taking into consideration your previous spending pattern, these terms and conditions and the circumstances of the transaction (excluding exchange rate uctuations); and (c) you request a refund within eight (8) weeks from the date the funds were debited. No refund will be made if you have given us your consent for the payment to be made and, where applicable, details of the payment are made available to you by any means, at least four (4) weeks before the payment due date.
5. Liability for unauthorised transactions
5.1 We recommend that you check your transaction history and balance at least once a month. If you notice an error in any Card transaction or a Card transaction that you do not recognise, you must notify Card Services without undue delay and in any event no later than thirteen (13) months of the transaction debit date. We may request that you provide additional written information concerning any such Card transaction on the dispute form, which can be found on www.lykcard.com.
5.2 We will refund any unauthorised transaction immediately, unless we have reason to believe (based on the evidence available to us at the time you report the unauthorised transaction) that the transaction was authorised by you, or caused by you breaking any important term or repeatedly breaking any term and failing to remedy it, or you allowed it to happen because of your gross negligence, or we have reasonable grounds to suspect fraudulent activity on your part.
5.3 If we make an immediate refund in accordance with clause 5.2, or make a refund after investigating the transaction, we reserve the right to reverse the refund if we do not receive a completed dispute form providing details of the unauthorised transaction from you within ten (10) working days of our request.
5.4 Further to clause 5.2, if we do not make an immediate refund and you still wish to dispute the transaction as unauthorised, we reserve the right to request additional written information in the form of a statement signed by you providing evidence to support your claim that the disputed transaction was unauthorised. You may be prosecuted in the event you make a fraudulent claim for an unauthorised transaction whether or not you have received a refund.
5.5 Where the Card is lost or stolen, or you have failed to keep the security features of the Card safe in accordance with this Agreement, your maximum liability will be limited to GB£50 (or Currency equivalent), unless you have acted fraudulently or have with intent or gross negligence failed to comply with this Agreement, in which case you may be liable for the entire loss. The GB£50 maximum liability will usually be charged in GBP, unless there are insufficient funds available in GBP, then the amount will be funded by converting the outstanding amount into the next available Currency balance on the Card and a foreign exchange rate will be applied (see clause 8). The foreign exchange rate used is the rate determined by us in effect on the day the amount is debited.
5.6 Subject to clauses 5.2, 5.4 and 5.5, where it is determined that you are not liable for an unauthorised transaction, you will not be liable for any of the loss incurred, we will refund the value of that transaction immediately and we will have no further liability to you for any other losses you may suffer. However, if our investigations conclude that the transaction you have disputed has been authorised by you or on your behalf, or you have acted fraudulently, we will not refund the value of the transaction and we may charge you an investigation administration fee of up to GB£50. The investigation administration fee will usually be charged in GBP unless there are insufficient funds available in GBP, then the amount will be funded by converting the outstanding amount into the next available Currency balance on the Card and a foreign exchange rate will be applied (see clause 8). The foreign exchange rate used is the rate determined by us in effect on the day the investigation administration fee is applied.
6. Fees and Limits
6.1 Fees and limits apply to the Card, as set out below. The fees we charge are subject to change from time to time, in accordance with the Agreement. You will be noti ed of any change in the applicable fees.
|Load/ Reload fee||Free for loads into foreign Currency wallet using GBP. 2% for loads into the GBP Currency wallet||Charged only when you load money into your GBP wallet. Like a commission fee|
|Replacement Card fee||Free||Free service to send you a new Card whilst you are away if your Card is lost, stolen or damaged|
|Card use fee||Free||Free to use at Merchants (e.g. shops and restaurants). Some Merchants may charge their own fee|
|Foreign exchange fee||Free||Fee charged if using your Card for a transaction in a currency not on your Card or if you don’t have enough balance in the local currency and the rest is taken from another currency wallet|
|Currency transfer fee||Foreign exchange rate applies, varies each day.||Charged when transferring money between Currency wallets|
|Inactivity fee||GB£2 per month||Only charged after a 15-month pe- riod of you not using your Card for transactions or to reload, including after the Agreement has ended. No balance, no fee|
|Shortfall fee||GB£10||Charged if a transaction takes your balance below zero (0)|
|ATM withdrawal fee||GB£1.50, EU€1.75, US$2.50, AU$2.30, CA$2.40, NZ$3, ZAR20, TRY5.40, CHF2.20, AED8||Flat rate fee charged when withdrawing from a cash machine. Some operators may also charge a fees|
|Cash out fee via Card Services (except in an emergency)||GB£6||Cash out your Card. Your Card will remain active, unless you choose to close it|
|Cash out fee at the Purchase Location||Free||Cash out your Card in-store in GBP. Your Card will remain active, unless you choose to close it|
|Limits - the limits shown are the GBP equivalents of the limits available on the Card, across all Currencies|
|Minimum amount you can load or reload||GB£50|
|Maximum amount you can withdraw in 24 hours over the counter, i.e. at a bank||GB£150|
|Maximum you can withdraw from ATMs in 24 hours||GB£500|
|Maximum amount you can spend at Merchants in 24 hours||GB£3,000|
|Maximum (re)load amount and maximum amount you can have on your Card at any one time||GB£5,000|
|Maximum amount you can load in total in a 12-month period||GB£30,000|
|Maximum number of active accounts you may hold at any one time||1|
|Card life||see Card for expiry date|
6.2 You agree to pay and authorise us to debit the Card Fund for the fees set out in these terms and conditions.
6.3 From time to time, we may limit the amount you can load on the Card, or the amount you can withdraw from ATMs or spend at Merchants over certain time periods. Some Merchants and ATM operators also impose their own limits on the amount that can be spent or withdrawn over a specific time period.
6.4 Certain Merchants may charge an additional fee if the Card is used to purchase goods and/or services. The fee is determined and charged by the Merchant and is not retained by us.
7. Card Fund
7.1 Until the expiry of the Card or termination of the Agreement, you can add additional funds to each Currency through the Purchase Location (who will advise you of the acceptable methods of payment) or through other methods made available from time to time, which are set out at www.lykcard.com, and are subject to certain limits and a fee (refer to the fees and limits set out in section 6).
7.2 You may also be able to make a balance enquiry at some ATMs, although availability is dependent on the country and the ATM used. There may be a fee payable (to the ATM operator) for balance enquiries.
7.3 If an ATM displays a balance for the Card Fund, then this may be displayed in a currency different to the Currencies on the Card, in which case the exchange rate applied may be different to ours and discrepancies can arise. An ATM will not display a balance for each Currency. An accurate balance for each Currency can be obtained through My Account at www.lykcard.com.
7.4 Information sent to us from you over the internet may not be completely secure and the internet and the online systems are not controlled or owned by us or the Programme Manager. Therefore, neither we, nor the Programme Manager, can guarantee that they will function at all times and we, and the Programme Manager, accept no liability for unavailability or interruption, or for the interception or loss of Personal Information or other data.
8. Foreign Currency Transactions
8.1 There are some instances where a foreign exchange rate will apply: i) initial load or reload, where you allocate funds in a foreign Currency; ii) point of sale transactions, where the transaction is in a currency that is not one of the Currencies available on the Card (including any transaction where we deduct funds under clause 3.3 due to insufficient funds); iii) ATM withdrawals, where the local currency is not one of the Currencies available on the Card (including any transaction where we deduct funds under clause 3.3 due to insufficient funds); iv) when an ATM withdrawal fee is charged and the currency of your transaction does not match one of the Currencies on the Card or there are insufficient funds in the relevant Currency to cover the whole transaction; v) where you allocate funds from one Currency to a different Currency; vi) where we allocate funds from one Currency to a different Currency in accordance with the Agreement; vii) where you end the Agreement or request repayment of the balance of the Card under clause 9; and viii) when an inactivity fee, the GB£50 maximum liability (see clause 5.5) or an investigation administration fee is charged and there are insufficient funds available in GBP.
The method for calculating the foreign exchange rate for each scenario is as set.
8.2 The foreign exchange rate used for initial loads and reloads varies by Purchase Location, the load or reload methods that you use, and the time that it takes to load and reload the Card. When funds are loaded onto the Card, the payment is made by you in GBP and we convert that amount into the Currency of your choice. You can ask the Purchase Location or Card Services as applicable for the exchange rate beforehand. Depending on the methods available to you to load or reload the Card, the foreign exchange rate which applies on the date that you load the Card may not be the same as the exchange rate which applies on the date that we convert your funds to load the Card. This will be relevant when and if internet banking is available to load or reload the Card. The transaction history in My Account at www.lykcard.com will show the foreign exchange rate applied. We recommend that you check www.lykcard.com from time to time for the methods available to load or reload the Card.
8.3 If a point of sale transaction or ATM withdrawal is made in a currency which is different to any of the available Currencies on the Card, or exceeds the relevant available Currency balance on the Card, the amount will be funded by converting the transaction amount into the next available Currency balance on the Card in the following order of priority: GBP, EUR, USD, AUD, CAD, NZD, ZAR, TRY, CHF and AED. The foreign exchange rate used is the rate determined by Mastercard to be the wholesale rate in effect on the day the transaction is processed by Mastercard, plus the foreign exchange fee (see the fees and limits set out in section 6).
8.4 If an ATM withdrawal is made in a currency which is different to any of the available Currencies on the Card, or exceeds the relevant available Currency balance on the Card, then the GBP ATM withdrawal fee will be applied and will be converted into the last Currency being used to fund the transaction at a foreign exchange rate determined by Mastercard on the day the transaction is processed.
8.5 The foreign exchange rate (Currency transfer fee) used for allocating funds from one Currency to another Currency is selected from the range of rates available in wholesale currency markets (which vary each day), together with a margin.
8.6 Where you end the Agreement, or request repayment of the Card Fund under clause 9, these funds will usually be converted into GBP. A foreign exchange rate is used for this and varies each day.
8.7 Where the GB£50 maximum liability (see clause 5.5) or an investigation administration fee is charged and there are insufficient funds in GBP, the amount will be funded by converting the outstanding amount into the next available Currency balance on the Card. The method for calculating this is described in clauses 5.5 and 5.6 respectively.
8.8 Where a monthly inactivity fee is charged and there are insufficient funds in GBP, a foreign exchange rate may be applied. The method for calculating this is described in clause 3.8.
8.9 Foreign exchange rates can fluctuate and the rate that applies one day will not necessarily be the same on any other day. They may also change between the time a transaction is made at a Merchant and the time it is processed by Mastercard® and billed to your Card. Where a Mastercard foreign exchange rate is applied, the rate may vary throughout the day and is not set by us.
9. Redeeming Unspent Funds
9.1 Via the Purchase Location (in-store): If applicable, you may redeem any unspent Card Fund in-store through the Purchase Location. Not all stores will offer this redemption service. Payment will be in GBP and the exchange rate (if applicable) will be determined by the Purchase Location. A fee may be charged by the Purchase Location for this service. Please check with the Purchase Location for more information on the applicable foreign exchange rate, and whether redemption is available at the Purchase Location.
9.2 Via Card Services: Subject to clause 9.4, you may also redeem the balance of any unspent funds through Card Services. Payment will only be made to a UK bank or building society account in your name. Redeeming the balance of unspent funds will usually be in GBP at a foreign exchange rate determined by Card Services at the time of redemption and notified to you during the call. You may also redeem the balance of any unspent funds in a Currency other than GBP through Card Services. When redeeming a balance in a Currency other than GBP, your bank or building society may apply their own exchange rate to convert the funds into GBP, unless you have an account in the relevant Currency.
9.3 A cash out fee may be charged for redeeming unspent funds on the Card at the Purchase Location or through Card Services if: (i) you redeem unspent funds on the Card before the Termination Date; or (ii) you redeem unspent funds on the Card and end this Agreement in accordance with clause 11.3; or (iii) you redeem unspent funds on the Card after a period of twelve (12) months from the Termination Date.
9.4 You can redeem the balance of any unspent Card Fund for a period of 6 years after the Agreement has ended by contacting Card Services. You will lose your right to redeem any balance on your Card if you make a request more than 6 years after the Agreement has ended.
10. Cancellation rights
If you have bought the Card online, you have a legal right to cancel the Card up to fourteen (14) days after you have received confirmation of your purchase, without being charged a cash out fee – this fourteen (14) day period is known as the “Cooling- Off Period”. If the Card is cancelled, we will block the Card immediately so it cannot be used and you should also ensure that you destroy the Card. You can cancel the Card by calling Card Services. Once we have received your cancellation notice, we will process and refund the funds remaining on the Card as soon as possible and in any event within thirty (30) days, in accordance with clause 9.2. You will not be entitled to a refund of money you have already spent on transactions authorised or pending, or any fees for use of or otherwise in connection with the Card before the Card is cancelled. The foreign exchange rate used at the time the refund takes place may not be the foreign exchange rate used when the Card was initially loaded.
11. Ending the Agreement
11.1 Subject to clause 11.7, this Agreement shall terminate in the event of the expiry of the Card (“Termination Date”).
11.2 Subject to clause 11.4, we may end this Agreement prior to the Termination Date by giving you at least two (2) months’ written notice by letter or email to the address you have provided us.
11.3 You may end this Agreement prior to the Termination Date at any time by writing to or emailing Card Services.
11.4 We may ask for the return of the Card, and end this Agreement prior to the Termination Date, with or without notice, if you break any important term or you repeatedly break any term and fail to remedy it.
11.5 Upon ending this Agreement in accordance with the terms and conditions, you will no longer be able to use the Card. The ending of this Agreement will not affect your right (if any) to redeem unspent funds in accordance with clause 9.
11.6 The provisions of clause 9 shall survive termination of this Agreement.
12. Changing the terms
12.1 We have the right to amend the Agreement and will notify you of any such changes by email or in writing. The latest version of the Agreement shall be available on www.lykcard.com.
12.2 We will notify you of changes at least two (2) months before the change is implemented. If you are dissatis ed with any change, you can end the Agreement by contacting Card Services. You understand and agree that you will be deemed to have accepted the changes, unless you notify Card Services to the contrary before they come into force.
13. Personal Data
13.1 We may contact you by telephone, letter, SMS or email at the contact details you provide us. You must let Card Services know immediately if you change your name, address, phone number or email address.
13.2 By purchasing the Card and using it, you consent to us and our service providers processing the information we collect from you (“Personal Information”), when we provide you with the Card Services, under the Agreement.
13.3 We may use your Personal Information to:
(a) enable us to provide the Card Services and for veri cation of your address and identity;
(b) protect against and prevent fraud, unauthorised transactions, claims and other liabilities;
(c) provide, administer and communicate with you about products, services and promotions which we think may be of interest to you (including contests, offers, competitions and promotions), and to notify you about important changes to the features and operations of those products and services. If you do not want to receive marketing information about our products and services, please contact us (see ‘Contact details’). You will, however, still receive operational and administrative messages related to the Card Services and any enhancements or changes to the Card Services;
(d) operate, evaluate and improve our business (including developing new products and services, managing our communications, determining the effectiveness of our advertising, analysing our products and services, training, performing and producing data reports and analysis that have been anonymised to ensure that they do not identify you as an individual, and performing accounting, billing, reconciliation and collection activities).
13.4 We may also share your Personal Information with our service providers who perform services on our behalf, including the Programme Manager.
13.5 We may share your Personal Information with credit reference agencies and fraud prevention agencies (i) to make enquiries when you ask for the Card or to assist us in managing the Card; (ii) to share information about you and how you manage the Card; (iii) if you give us false or inaccurate information or we suspect fraud. These agencies keep a record of our enquiries and may record, use and give out information we give them to lenders, insurers and other organisations to make assessments and to help make decisions on you and members of your household, for debt tracing and to prevent fraud and money laundering.
13.6 We may also disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
13.7 Your Personal Information may be processed outside of the country of purchase (which may be outside of the European Economic Area), but all service providers are required to have adequate safeguards in place to protect your Personal Information.
13.8 If you have agreed, we may contact you about other products and services and offers available from selected companies, which we believe may interest you or bene t you nancially. If you no longer wish to receive this information, please contact Card Services (see ‘Contact details’).
13.9 You can contact Card Services for a copy of the Personal Information we hold about you. A fee may be charged for this service.
13.10 We may monitor or record telephone calls with you to aid us in the provision of the Card Services, to detect or prevent fraud or other crimes, to help improve our service and for staff training purposes.
14.1 Unless otherwise required by law or as set out in the Agreement, we will not be liable to you in respect of any losses you or any third party may suffer in connection with the Card, except where such losses are due to a breach by us of the Agreement or due to our negligence.
14.2 We are not responsible for ensuring that ATMs and point of sale terminals will accept the Card, or for the way in which a Merchant processes a transaction. We will not be liable to you for disputes concerning the quality of goods or services purchased on the Card or any additional fees charged by the operators of these terminals (for example when you withdraw currency from an ATM, the ATM provider may charge you an additional fee for the service).
14.3 Nothing will limit our liability to you for death or personal injury arising out of our negligence, or for our fraud, or insofar as any limitation or exclusion of liability is prohibited by law.
15. Law, Jurisdiction and Language
15.1 This Agreement and any disputes, which arise under it, shall be exclusively governed by English and Welsh law and subject to the exclusive jurisdiction of the English courts.
15.2 We will communicate with you in English. This Agreement is written and available in English only.
16. Third Party Rights
Except for any party referred to in clause 17, nothing in the Agreement gives any third party any bene t or right (including any enforcement right).
17. Transferring our rights
We may assign any of our rights and obligations under the Agreement, without your prior consent, to any other person or business, subject to such party continuing the obligations in the Agreement to you.
This Card is an electronic money product and although it is a product regulated by the UK Financial Conduct Authority and the UK Prudential Regulation Authority, it is not covered by the UK Financial Services Compensation Scheme or any other compensation scheme. However, in order to provide protection to you, the funds held in respect of the Card are held by us, an issuing bank authorised by the UK Prudential Regulation Authority and regulated by the UK Financial Conduct Authority and the UK Prudential Regulation Authority, on trust, to ensure the funds are safeguarded in the unlikely event of insolvency.
19. Contact details
19.1 If you have any queries regarding the Card, please refer to www.lykcard.com.
19.2 If you have any further queries, are dissatis ed with the standard of service, you think we have made a mistake in operating the Card or you require information about your Personal Information, please contact Card Services.
19.3 Card Services can be contacted using the details on www.lykcard.com or by writing to Card Services, Access House, Cygnet Road, Hampton, Peterborough, PE7 8FJ, United Kingdom.
19.4 Any notice sent by either party under the Agreement by email shall be deemed given on the day the email is sent, unless the sending party received an electronic indication that the email was not delivered; and if by post, shall be deemed given three (3) working days after the date of posting.
19.5 We will try to resolve any problems as quickly as possible and in accordance with the complaints procedure, which can be found on www.lykcard.com or is available on request. If your query is not dealt with to your satisfaction, you may be able to refer it to the UK Financial Ombudsman Service, an independent body established to adjudicate on eligible disputes with financial firms. Their address is: Exchange Tower, London, E14 9SR, United Kingdom; Telephone: 0800 023 4567 (calls to this number are normally free for people ringing from a “ fixed line” phone – but charges may apply if you call from a mobile phone) or 0300 123 9 123 (calls to this number are charged at the same rate as 01 or 02 numbers on mobile phone tariffs). These numbers may not be available from outside the UK – so please call +44 20 7964 0500 if you are phoning from abroad; Email: firstname.lastname@example.org. You can find more information on the UK Financial Ombudsman Service on their website: www.financial-ombudsman.org.uk.
19.6 You may also use the Online Dispute Resolution service if you are an EU resident and have a complaint about a product or service purchased from us online. The ODR website can be found at http://ec.europa.eu/consumers/odr/. As the ODR service will ultimately re-direct your complaint to the UK Financial Ombudsman Service, you may prefer to contact us or the Financial Ombudsman Service directly in the first instance.
Lyk is issued by R. Raphael & Sons plc, pursuant to license by Mastercard International Inc. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. R. Raphael & Sons plc is a UK bank authorised by the UK Prudential Regulation Authority and regulated by the UK Financial Conduct Authority and the UK Prudential Regulation Authority (registration number 161302) and is permitted to issue e-money. Head office and registered office at 19-21 Shaftesbury Ave, London, W1D 7ED, company registration number 1288938. R. Raphael & Sons plc is not licensed by the Guernsey Financial Services Commission to take deposits. Deposits made with R. Raphael & Sons plc are not covered by the Guernsey Banking Deposit Compensation Scheme. The Programme Manager administers and services the Card on Raphaels Bank’s behalf and is available to give you support if you have any queries or complaints
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