1. Identification and Acceptance
These Terms and Conditions govern access to and use of the "Rebellion" mobile application (hereinafter the "Application" or "App") owned by RBLDE UNCONVENTIONAL, S.L. (hereinafter "REBELLION") with registered office at Calle Serrano 57, 4th Floor, 28006, Madrid, and holder of TIN B-87883088.
The Rebellion prepaid Card is issued by Prepaid Financial Services Ltd (PFS), located at 5th Floor, Langham House, 302-308 Regent Street, London, W1B 3AT.
PFS is authorised and regulated as an e-money issuer by the Financial Conduct Authority with registration number 900036. Details of the PFS authorisation licence from the Financial Conduct Authority are available on the public register at: https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000m4IX9AAM
By accepting these general Terms and Conditions, the user is implicitly accepting the Terms and Conditions of use which govern Prepaid Financial Services as the issuer of the Card. https://prepaidfinancialservices.com/en/terms-and-conditions
Downloading, registering for the application and/or using the mobile application (app) implies that the user has read, understood and accepted without any reservations whatsoever these Terms and Conditions of Use.
By accepting these Terms and Conditions of Use, the user states he/she is over thirteen (13) years of age and is able to understand and accept the contents of these Terms and Conditions.
2. Definition, Terms and Interpretation
In this document, if we use words that start with a capital letter, that means the word has been defined in this "Definition, Terms and Interpretation" section.
|"Application" or "App"||mobile application which the user downloads from App Store (iOS) or Google Play (Android);|
|"Account" or "E-Wallet"||a data account in our systems where we record your Available Balance, Transaction data and other information from at every moment;|
|"Account Closure Fee"||has the meaning given in the attached "Fees & Limits Schedule";|
|"Account Information Services" or "AISP"||means an online service to provide consolidated information on one or more payment accounts held by the payment service user with another payment service provider or with more than one payment service provider;|
|"Applicable Exchange Rate"||the exchange rate available on our website: https://prepaidfinancialservices.com/en/exchange-rates|
|"ATM"||an automated teller machine is an electronic telecommunications device that enables Customers to perform financial transactions, particularly cash withdrawal, without the need for a human cashier, clerk or bank teller;|
|"Authorised Person"||means any person to whom you authorise to access your Account;|
|"Available Balance"||the amount of E-money issued by us to you but not yet spent or redeemed;|
|"Business Day"||Monday to Friday, 0900 hrs to 1800 hrs GMT, excluding bank and public holidays in Spain;|
|"Card"||a prepaid Mastercard debit card issued by us and linked to your Account, which can be used to spend your Available Balance wherever Mastercard cards are accepted;|
|"Card Replacement Fee"||has the meaning given in the attached Fees & Limits Schedule;|
|"Card Scheme"||the operator of the payment scheme under which we issue each Card;|
|"Customer Due Diligence"||the process we are required to go through to verify the identity of our Customers;|
|"Customer Funds Account"||the segregated bank account where we hold relevant funds corresponding to your Available Balance in accordance with the safeguarding provisions of the Electronic Money Regulations 2011;|
|"Direct Debit"||an automated payment method set up between you and us to send payments to organisations in accordance with a direct debit mandate given by you to the organisation which manages the frequency and amount of each payment;|
|"E-Money"||monetary value issued by us to your Account on receipt of funds on your behalf in our Customer Funds Account, equal to the amount of funds received;|
|"European Economic Area" or "EEA"||means the European Union ("EU") Member States, as well as Iceland, Liechtenstein and Norway;|
|"Fees"||the fees payable by you for the Payment Services as specified in the attached "Fees & Limits Schedule";|
|IBAN||means an International Bank Account Number used to identify bank accounts for the purposes of international payments;|
|"Late Redemption Fee"||has the meaning given in the attached "Fees & Limits Schedule";|
|"Merchant"||a retailer who accepts Payment for the sale of goods or services to you;|
|"Payment"||means a payment for goods or services using a Card;|
|"Payment Initiation Service"||means an online service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider;|
|"Payment Initiation Service Provider" or ("PISP")||is a payment service provider who supplies a Payment Initiation Service;|
|"Payment Services"||means the services supplied by us to you under this Agreement, including issuing Cards, Accounts and IBANs; and executing Transactions;|
|"PFS IBAN"||means a virtual IBAN issued by our bank service provider that we allocate to your Card or your Account which can be used by you or others for Direct Debits or for the purpose of making a SEPA Transfer of funds that will result in a credit of the relevant funds to your Account;|
|"SEPA Transfer"||a facility available for Accounts registered in Spain only, whereby you instruct us to send Euros to a bank account elsewhere in the Single Euro Payments Area ("SEPA"), quoting the IBAN of the intended recipient of the funds;|
|"Simplified Due Diligence"||means a lighter form of Customer Due Diligence, resulting in certain lower Card and Account limits;|
|"Transaction"||a Direct Debit, Payment, a Transfer or a SEPA Transfer;|
|"Transfer"||a transfer of E-money from one Account to another Account;|
|"Virtual Card"||a Card number issued by us for the purpose of making a single Payment without also issuing any corresponding physical card.|
3. Contact and Regulatory Information
- The issuer of your Mastercard Rebellion Prepaid Card and the supplier of Payment Services is Prepaid Financial Services Limited (PFS). PFS is registered in England and Wales under Company Registration Number 6337638. Registered Office: 5th Floor, Langham House, 302-308 Regent Street, London, W1B 3AT.
- PFS is authorised and regulated as an e-money issuer by the Financial Conduct Authority with registration number 900036. Details of the PFS authorisation licence from the Financial Conduct Authority are available on the public register at: https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000m4IX9AAM.
- Prepaid Financial Services Limited acts as the programme issuer.
- Rebellion Pay is the programme manager. Rebellion Pay is registered in Spain. Its registered office is located at Calle Serrano 57, 4th Floor – 28006 Madrid and its TIN is B-87883088.
- Prepaid Financial Services Limited is licensed as a principal member with the Mastercard Scheme. Mastercard is a registered trademark of Mastercard International Incorporated.
4. Operating Requirements
A mobile terminal equipped with iOS 10.3.3 or above is necessary to be able to download the Application and use the functionalities it offers.
The Virtual Card has no activation, purchase or annulment/cancellation fees (see Rates and Fees section).
The Application can be downloaded free of charge.
The user should take into account that using said Application requires compatible devices, Internet access and may require periodic updating of the Application itself.
The user must have a registered Account to access the mobile application's contents.
In order to register, the user of REBELLION must create a user account and provide his/her name and surname, date of birth, mobile phone number, address, e-mail and identity document.
The user will be requested to enter a personal security code to protect against unauthorised access to the Application.
5. Purpose and Operation
- Rebellion is a mobile application which is available for iOS (as from version 10.3.3) and Android devices and can be downloaded from App Store and Google Play.
- The Application allows users to access a Virtual Card, a physical Card and obtain an Account number (IBAN).
- A Virtual Card is the representation of a physical Card whose information can be accessed from a mobile phone without the existence of any physical media or a plastic card. Moreover, a physical Card is the physical media of a bank Card which allows one to make online and offline (at physical Merchants) purchases.
- Through access to a Virtual Card, Rebellion provides the user all the information on a Card: Card number (PIN), expiry date and CVV.
- The Virtual Card is conceived for the purchase of products and services over the Internet (e-commerce) and for use at any Merchants where having a physical card is not needed to make purchases.
- The Virtual Card is compatible at any Merchants that accept Mastercard cards.
- The user is aware that a Virtual Card is considered to be a Card similar to a prepaid Card and is therefore personal and non-transferable.
- The Virtual Card is a prepaid Card and can only be used when it has an Available Balance. Prepaid Cards do not allow Payments to be made if the Available Balance is insufficient. Your Virtual Card is not a credit card and it is not issued by a bank.
- The Card is generated with €0 and has to be loaded by the user with the amount desired, taking into account the limits which have been set (see Clause 8). The minimum load accepted is of €10.
The user may load his/her Virtual Card directly from the mobile application by using a bank card which has not expired and has funds available.
In addition, the mobile Application allows to the user to:
- Query movements generated by the use of his/her Card.
- Obtain a physical Card.
- Obtain a current account number (IBAN).
- View a statement of movements from a mobile terminal or website.
- Move among the Application's users.
- Block and unblock the Card as needed.
- Enable and disable the physical Card's contactless functionality.
- Accept or reject Payments at different Merchants.
6. Type of Service, Eligibility and Access to the Account
- Your Card is not a credit card and is not issued by a bank. Regardless of the type of Card(s) you have, you will have only one Account where your Available Balance is located.
- Your Payment Services may not be activated unless we have been provided with the required information so that we may identify you and can comply with all applicable Customer Due Diligence requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements.
- Reference to a currency (e.g. Euros € or Sterling £) shall mean that amount or the local currency equivalent in which your Card is denominated.
- Any Transaction on your Card in a currency other than the currency in which your Card is denominated will require a currency conversion using the Applicable Exchange Rate.
- The Payment Services are prepaid payment services and not a credit or bank product, you must therefore ensure that you have a sufficient Available Balance at all times to pay for your Transactions and applicable Fees. If for any reason a Transaction is processed, and the Transaction amount exceeds the Available Balance, you must repay us the amount of such excess immediately and we shall be entitled to stop any existing or subsequent Transactions from proceeding.
- Only persons over 18 years of age are entitled to register for the Payment Services.
- Each time you seek access to the Account, we will ask for your Access Codes. As long as the correct Access Codes are entered, we will assume that you are the person giving instructions and making Transactions and you will be liable for them, except to the extent provided for in Clause 12. We can refuse to act on any instruction that we believe: (i) was unclear; (ii) not given by you; or (iii) which may lead to a breach of the Law or of any other obligation; might cause us to breach a legal or other duty; or if we believe the Payment Service is being used for an illegal purpose.
- We will do all that we reasonably can to prevent unauthorised access to the Account. As long as you have not breached other terms, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to the Account.
7. Use of the Payment Services
- You may access the information on your Account by accessing it through the App. From here you will be able to view details of your Transactions, including dates, currencies, charges or exchange rates applied. This information is accessible at any time and can be stored and reproduced as necessary.
- You can use the Payment Services up to the amount of the Available Balance for Transactions, taking into account the limits set for your Card.
- If the Available Balance is insufficient to cover a Payment, some Merchants will not permit you to combine use of a Card or Account with other payment methods.
- The value of each Transaction and the amount of any Fee owed by you as a result of this Agreement shall be deducted from the Available Balance.
- Once a Transaction is authorised, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received by us, except for Direct Debits, for which you may revoke the payment order up until the end of the Business Day before the day agreed for debiting the funds. A Transaction will be deemed to have been received by us at the time you authorise the Transaction as follows:
- for Payments and ATM Transactions, at the time we receive the payment order for the Transaction from the merchant, acquirer or ATM operator, and
- a payment order for a Transfer or SEPA Transfer is provided to and received by us at the time it is issued by you via the Account.
- Where a revocation of an authorised payment is agreed between you and us, we may charge a Fee for revocation.
- We will ensure that the amount of a SEPA Transfer is credited to the payment service provider of the payee by the end of the Business Day following the time of receipt of your payment order. If the payment service provider of the Merchant is located outside the EEA, we will effect payment as soon as possible and, in any event, as required by applicable law.
- In order to protect you and us from fraud, Merchants may seek electronic authorisation before processing any Payment. If a Merchant is unable to get an electronic authorisation, they may not be able to authorise your Payment.
- We may refuse to authorise any use of the Payment Services which could breach these terms and conditions or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or unpermitted use of the Payment Services.
- Except as required by law, we shall not be responsible, and you will be solely responsible, for compiling and retaining your own copy of the data in your Account and your activities in connection with this Agreement. Upon the termination of this Agreement for any reason, we shall have no obligation to store, retain, report, or otherwise provide any copies of, or access to, the Transaction data or any records, documentation or other information in connection with any Transactions or the Account.
- You agree to only use the Payment Services for lawful purposes and to adhere at all times to all laws, rules and regulations applicable to the use of the Payment Services, including the terms of this Agreement.
- Your ability to use or access the Payment Services may occasionally be interrupted, for example if we need to carry out maintenance on our Systems. Please contact Customer Services via our channels set up for such purpose to notify us of any problems you are experiencing using your Card or Account and we will endeavour to resolve any problem.
- You may not use the Payment Services to receive or transfer any funds on behalf of any other natural person or legal entity.
8. Access by Third-Party Providers
- You may consent to regulated third-party providers (PISPs or AISPs) accessing your Account online to make payments or obtain information about balances or Transactions on your Card and/or Account.
- The PISPs and/or AISPs must be appropriately registered and authorised in accordance with PSD2. You should check with the regulatory authority of the relevant country before giving consent to the relevant PISP/AISP.
- Any consent you give to a third-party provider is an agreement between you and it, we will have no liability for any loss whatsoever, as a result of any such agreement.
- Before giving consent, you should satisfy yourself as to what degree of access you are consenting to, how it will be used and who it may be passed on to.
- You should make yourself aware of any rights to withdraw the consent of access from the third-party provider and what process it has in place to remove access.
- To the extent permitted by law or regulation, and subject to any right to refund you may have under this Agreement between you and us, we are not responsible for any actions that the relevant third party takes in relation to suspending or terminating your use of their service or for any resulting losses. We are also not responsible for, or a party to, any agreement that you enter into with any relevant third party. You should make sure that you read and comply with such agreement or other applicable policies and note that this Agreement will continue to apply between us, including the Payment Services, and our Fees as stated continue to apply.
- Where appropriate, we may deny access to your Account to any third party where we consider such access to be a risk of money laundering or terrorism financing, fraud or other criminal activity. Should we need to take these actions and where possible, we will give reasons for doing so unless restricted by law or for internal security reasons.
9. Condition of Use at Certain Merchants
- In some circumstances we or Merchants may require you to have an Available Balance in excess of the Payment amount. For example, at restaurants you may be required to have 15% more on your Card than the value of the bill to allow for any gratuity or service charge added by the restaurant or you.
- In some circumstances Merchants may require verification that your Available Balance will cover the Payment amount and initiate a hold on your Available Balance in that amount, examples include rental cars. In the event a Merchant places a pre-authorisation on your Account, you will not have access to these funds until the Payment is completed or released by the Merchant, which may take up to 30 days.
- If you use your Card at an automated fuelling station, subject to Merchant acceptance, your Card may need to be pre-authorised for a pre-determined amount in the relevant currency. If you do not use the whole pre-authorisation or do not have Available Balance to obtain a pre-authorisation, it is possible that the pre-authorised amount will be held for up to 30 days before becoming available to you again.
- Some Merchants may not accept payment using our Payment Services. It is your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept payment using our Payment Services.
- In relation to any dispute between the you and a Merchant, provided you are able to satisfy us that you have already made all efforts to resolve the dispute with the relevant Merchant, we will attempt to assist you so far as is reasonably practicable. We may charge you a chargeback processing fee, as referenced in the Fees & Limits Schedule provided to you with this document, for any such assistance we may give you with any dispute. If there is an unresolvable dispute with a Merchant in circumstances where the Card has been used for a Payment, you will be liable for the Payment and will have to resolve this directly with the relevant Merchant.
10. For security reasons, Cards are generated with the following limits
|Maximum load amount per day||€250|
|Maximum number of loads per day||20|
|Maximum individual load amount per day||€250|
|Maximum amount available per day||€250|
|Maximum load per month||€250|
|Maximum load per year||€2500|
|Maximum spending amount per day||€250|
|Maximum spending amount per month||€250|
|Maximum number of purchases per day||20|
|Maximum amount per purchase||€250|
|Purchases in foreign currency||As per the Applicable Exchange Rate.|
The user may increase his/her Virtual Card's limits directly from the mobile application. To do so, the user will be asked for additional information consisting of:
- a photograph of the front of the identity document;
- a photograph of the back of the identity document;
a photograph (selfie-like) of the document's holder.
The system will then proceed to validate and verify the identity of the document and its holder and will increase the Card's limits if the outcome is positive. Otherwise, the limits will be kept at the default values.
The user will be given up to three (3) attempts to verify his/her identity. Once these limits have been exceeded, he/she may not increase his/her limits.
The Virtual Card's increased limits are as follows:
|Maximum load amount per day||€6,000|
|Maximum number of loads per day||20|
|Maximum individual load amount per day||€6,000|
|Maximum amount available per day||€10,000|
|Maximum load per month||€10,000|
|Maximum load per year||€120,000|
|Maximum amount of ATM withdrawals per day||€300|
|Maximum amount of ATM withdrawals per month||€1,000|
|Maximum number of ATM withdrawals per day||10|
|Maximum spending amount per day||€600|
|Maximum spending amount per month||€1,500|
|Maximum number of purchases per day||20|
|Maximum amount per purchase||€600|
|Purchases in foreign currency||As per the Applicable Exchange Rate.|
If the user deems it necessary, he/she may (once again) increase his/her card's limits.
The user may do so by contacting Rebellion's support centre through the channels set up for such purpose: website, real-time chat from the application, e-mail to firstname.lastname@example.org, Monday to Thursday, from 0900 hrs to 2200 hrs and Friday, from 0900 hrs to 1500 hrs.
11. Rates and Fees
|Activation and monthly fee|
|iOS/Android mobile application||€0.00|
|Card Activation Fee||€0.00|
|Monthly service fee for active card||€0.00|
|SMS/Internet debit card load||€0.00|
|SMS/Internet credit card load||€0.00|
|Loss of replacement card||€0.00|
|Stolen replacement card||€0.00|
|USE OF ATMs||€0.00|
|Domestic ATM (Spain)|
|ATMs within SEPA (excluding country of origin)||€0.00|
|ATM Balance Query (Charge for change of PIN in the ATM)||€0.00|
|POINT OF SALE TERMINAL (PoST) TRANSACTIONS|
|Domestic PoST (and within SEPA, including MOTO/CNP)||€0.00|
|PURCHASE REFUSAL FEE|
|Foreign exchange (FX) fee||2.50% - As per rates in schedule|
|Monthly inactivity fee (after 90 days of inactivity)||€0.00|
|Obtaining PIN online||€0.00|
12. Managing and Protecting your Account
- You are responsible for the safekeeping of your username and password for your Account ("Access Codes") and the personal identification number for your Card ("PIN").
- Do not share your PIN with anyone. You must keep your PIN safe and separate from your Card or any record of your Card number and you must not disclose it to anyone else. This includes:
- memorising your PIN as soon as you receive it, and destroying the post mail or other authorised communication used to transmit it to you;
- never writing your PIN on your Card or on anything you usually keep with your Card;
- keeping your PIN secret at all times, including by not using your PIN if anyone else is watching;
- not disclosing your PIN to any person.
- The user of the Card(s) must sign the signature strip on any Personalised Card immediately when received.
- Do not share your Access Codes with anyone except an Authorised Person. If you disclose the Access Codes to any Authorised Person, you are responsible and liable for their access, use or misuse of the Account, their breach of the terms of this Agreement or disclosure of the Access Codes.
- You must not give the Card to any other person or allow any other person to use the Payment Services except Authorised Persons or Additional Cardholders. You must keep the Card in a safe place.
- Failure to comply with Clauses 12.ii and/or 12.v may affect your ability to claim any losses under Clause 18 in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, intentionally, with undue delay or with gross negligence. In all other circumstances your maximum liability shall be as set out below at Clause 19.
- If you believe that someone else knows your Account or Card security details, you should contact us immediately through the channels set up for such purpose: telephone, e-mail, chat or WhatsApp, Monday to Friday, from 0900 hrs to 2200 hrs.
- Once your Card has expired (see Clause 11), or if it is found after you have reported it as lost or stolen, you must destroy your Card by cutting it in two, through the magnetic strip.
13. Expiry and Redemption
- Your card has an expiry date printed on it (the "Expiry Date"). The Card and any PFS IBAN linked to the Card will no longer be usable following the Expiry Date, and you must not use it after that time, but you will still be able to receive and send funds to and from the Account associated with the Card.
- If a Card expires before your Available Balance is exhausted, you can contact Customer Services to request a replacement Card, provided you do so 14 days before the Expiry Date printed on your Card and subject to payment of a Fee (where specified). We reserve the right to issue you with a replacement for an expired Card even if you have not requested one. If you have not requested a replacement Card, you will not be charged a Card Replacement Fee.
- If your IBAN is linked to your Account, rather than linked to your Card, then it will not expire when the Card expires, but will be available to use as long as the Account is available for your use.
- Your funds are available for redemption by contacting us at any time before the end of the 6 years after the date on which this Agreement ends under Clause 16, after which time your Available Balance will no longer be redeemable to you and we are entitled to retain the corresponding funds. Where an Available Balance remains for more than one year after the date on which this Agreement ends under Clause 16, we are not required to safeguard the corresponding funds in our Customer Funds Account, but you can still request redemption for up to 6 years. We may deduct from the proceeds of redemption of any such Available Balance the amount of any Late Redemption Fee.
- Provided that your request for redemption is made less than 12 months following the date on which this Agreement ends under Clause 12, redemption will not incur any Late Redemption Fee. If you make a request for redemption more than 12 months after the date on which this Agreement ends under Clause 16 an Account Closure Fee may be charged (where specified).
- We shall be entitled to offset, transfer or apply the sums held in the Account(s) or Card(s) to or towards the fulfilment of all or any of the obligations and Fees owed to us which have not been paid or settled when they are due.
- We shall have the absolute right to close your Account and submit a chargeback claim for the relevant Transactions if your Account is in negative standing for more than 60 days. If our chargeback is successful, funds paid to your Account may only be used to credit your Card or Account, and your Account will remain closed.
- If your Account is inactive (including but without limitation, no access to the account or payment Transactions) for at least 2 consecutive years and has an Available Balance, we may (but we are not obliged to) notify you by sending an e-mail to your registered e-mail address and give you the option of keeping your Account open and maintaining or redeeming the Available Balance. If you do not respond to our notice within thirty (30) days, we will automatically close your Account and initiate a Transfer of your Available Balance to the last payment account notified by you to us (your "Nominated Bank Account") or by cheque to your last known address.
14. Verification of Identity
- If you make Transactions over the Internet, some websites may ask you to enter your name and address. In such cases, you should provide the most recent address you have notified us of as the Account address. The Account address is also the address to which we will send correspondence.
- You must notify us within 7 days of any change made to the Account address or to any other contact details. You may notify us of this information by contacting Customer Service, which may ask you to confirm said notification in writing. You shall be liable for any loss which may directly result from a failure to notify such change as a result of an undue delay, gross negligence by you or fraud. We need to verify the new address of the Account and may ask you to provide the relevant proof.
- We reserve the right to verify your identity and postal address at any time (for instance, by asking for the relevant original documents) in order to prevent fraud and/or money laundering. Furthermore, in relation to your Account, you authorise us to make electronic verifications of your identity directly or by using third parties at the time of your request or at any time in the future.
15. Right to Cancel ("Cooling-Off")
You have a right to withdraw from this Agreement under the following conditions:
- Where you purchased the Payment Services, then you have a "Cooling Off" period of 14 days beginning on the date of the successful registration of your Account to withdraw from this Agreement and cancel the Payment Services, without any penalty but subject to deduction of any reasonable costs incurred by us in the performance of any part of the provision of services before you cancel. You must contact us within this 14-day period and inform us that you wish to withdraw from this Agreement and you must not use the Payment Services. We will then cancel the Payment Services and reimburse the amount of Available Balance on the Account to you. However, we reserve the right to hold the Available Balance for up to 30 Business Days from receipt of your instructions before returning the balance, to ensure that details of all Transactions have been received.
- After the Cooling Off period you may only terminate the Payment Services as described in Clause 12.
16. Closure or Suspension of your Account and/or Processing of Transactions
- We may terminate this Agreement and your use of the Payment Services with prior notice of at least 2 months.
- Your use of the Card and any IBAN provided by our supplier Prepaid Financial Services (PFS) which is linked to the Card ends on the Expiry Date.
- This Agreement and your use of the Payment Services will also end when your ability to initiate all Transactions ceases.
- We may terminate or suspend, for such period as may reasonably be required, your use of the Payment Services in whole or in part at any time or the processing of any Transaction(s) if:
- there is any defect or failure in the data processing systems;
- we reasonably believe that you have used or are likely to use the Payment Services, or allow them to be used, in breach of this Agreement or to commit an offence;
- any Available Balance may be at risk of fraud or misuse;
- we suspect that you have provided false or misleading information;
- we are required to do so by law, the police, a court or any relevant governmental or regulatory authority;
- it is required to fulfil our legal obligations in relation to the fight against money laundering and financing of terrorism;
- there is suspicion of unauthorised or fraudulent access to or use of your Account or that any of its security features have been compromised, including the unauthorised or fraudulent initiation of a Transaction;
- we have reasonable grounds to believe you are carrying out a prohibited or illegal activity;
- we are unable to verify your identity or any other information pertaining to you, your Account or a Transaction.
- If any Transactions are found to have been made using your Card or PFS IBAN after expiry or any action has been taken by us under Clause 12.1, you must immediately repay such amounts to us.
- Where it is practicable and lawful for us to do so or would not compromise reasonably justified security reasons, we will notify you via email of the suspension or restriction and the reasons for it before such measures take place or immediately thereafter.
- We will reinstate your Account or execute the relevant Transactions as soon as practicable after the reasons pursuant to Clause 12.1 no longer apply or exist.
- If you wish to terminate the Payment Services at any time, you may request termination and the return of your Available Balance. Our Customer Services department will then suspend all further use of your Payment Services.
- Once we have received all the necessary information from you (including any Customer Due Diligence) and all Transactions and applicable Fees and charges have been processed, we will refund to you any Available Balance less any Fees and charges payable to us, provided that:
- you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
- we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.
- Once the Payment Services have been terminated, it will be your responsibility to destroy the Card that was provided to you.
- If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Card 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 as a debt.
17. Loss or Theft of your Card or Misappropriation of your Account
- If your Card is lost or stolen or if you think someone is using your Card, PIN and/or Access Codes without your permission, or if your Card is damaged or malfunctions:
- you must contact us as soon as possible and you must provide us with your Account or Card number and either your Username and Password or some other identifying details acceptable to us so that we can be sure we are speaking to you; and
- provided we have obtained your consent to close the Account, we will then provide you with a replacement Card with a corresponding new Account loaded with an amount equivalent to your last Available Balance.
- Once we have been notified of any loss or theft, we will suspend the Payment Services as soon as we are able, to limit any further losses (see Clause 13). We can only take steps to prevent unauthorised use of the Payment Services if you can provide us with the Account or Card number and Username and Password and if you can produce sufficient details to identify yourself and your Account.
- Replacement Cards will be posted to the most recent Account address registered by you. Failure to provide the correct address will result in a Card Replacement Fee.
- If you subsequently find or retrieve a Card that you have reported lost or stolen, you must immediately destroy the found Card by cutting it in half through the magnetic stripe and chip.
- You agree to help us, our agents, regulatory authorities and the police if your Card is lost, stolen or if we suspect that the Payment Services are being misused.
18. Liability for Unauthorised or Incorrectly Executed Transactions
- Subject to Clause 17 we will reimburse you in full for all unauthorised Transactions sent from your Account immediately, and in any event no later than the end of the following Business Day after noting or being notified of the Transaction (except where we have reasonable grounds for suspecting fraud), provided that you have informed us of the unauthorised Transaction without undue delay after becoming aware of the Transaction, and in any event, no later than 13 months after the Transaction was executed. Where applicable, we shall restore your Account to the state in which it would have been had the unauthorised Transaction not taken place, so that the credit value date shall be no later than the date the amount had been debited.
- You may be liable for losses relating to any unauthorized Transactions up to a maximum of €150 resulting from the use of a lost or stolen Card or the misappropriation of your Account, unless the loss, theft or misappropriation was not detectable to you prior to payment (except where you acted fraudulently) or was caused by acts or lack of action of our employee, agent, branch or service provider.
- You are liable for any losses incurred by an unauthorised Transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your Account in accordance with the terms of this Agreement or to keep your Access Codes confidential and secure in accordance with Clause 9, whether intentionally or due to gross negligence.
- You shall not be liable for losses incurred by an unauthorised Transaction which takes place after you have notified us that your Access Codes have been compromised according to Clause 9, unless you have acted fraudulently, or where we have failed to provide you with the means to notify us in the agreed manner without delay on you becoming aware of the loss, theft, misappropriation or unauthorised use of your Card or Account.
- We shall not liable for a refund or losses incurred by an incorrectly or non-executed payment Transaction if the details of the payee's account provided by you were incorrect or we can prove that the full amount of the Transaction was duly received by the payment service provider of the payee.
- We shall not be liable for any unauthorised or incorrectly executed Transactions in cases where the Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control, or where we acted in accordance with a legal obligation.
- Where we are liable for the incorrect execution of a Transfer or SEPA Transfer that you receive under this Agreement, we shall immediately credit the corresponding amount to your Account no later than the date on which the amount would have been value dated, had the Transaction been correctly executed.
- Where we are liable for the incorrect execution of a Payment, Transfer or SEPA Transfer by you as payer, we shall, without undue delay, refund to you the amount of the non-executed or defective Transaction, and, where applicable, restore the debited Account to the state in which it would have been had the defective Transaction not taken place.
- In the case of a non-executed or defectively executed Payment, Transfer or SEPA Transfer by you as payer, we shall, regardless of whether we are liable, on request, make immediate efforts to trace the Transaction and notify you of the outcome, free of charge.
- A Payment initiated by or through a payee (e.g. a Merchant) shall be considered to be unauthorised if you have not given your consent for the Payment to be made. If you believe that a Payment has been made without your consent, you should contact us in accordance with Clause 2.
- A claim for a refund of an authorised Direct Debit or Payment initiated by or through a payee (e.g. a Merchant) where the authorisation did not specify the exact amount of the payment Transaction (and the amount of the Payment exceeded the amount that you reasonably could have expected taking into account your previous spending pattern, this Agreement and the circumstances of the case), must be made within 8 weeks from the date on which the funds were deducted from your Available Balance. Within 10 Business Days of receiving your claim for a refund or within 10 Business Days of receiving further information from you, we will either refund the full amount of the Payment as at the date on which the amount of the Payment was debited or provide you with justification for refusing the refund.
- The right to a refund under this Clause 14 does not apply where you have given consent directly to us for the Payment to be made and, if applicable, information on the Payment was provided or made available to you by us or the payee in an agreed manner at least four weeks before the due date.
- If you are not satisfied with the justification provided for refusing the refund or with the outcome of your claim for a refund, you may submit a complaint to us or contact the complaints authority as described in Clause 16.
- If at any time we have incorrectly deducted money from your Available Balance, we shall refund the amount to you. If we subsequently establish that the refunded amount had been correctly deducted, we may deduct it from your Available Balance and may charge you a Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.
- Where any request, Transaction, disputed Transaction, arbitration or reversed Transaction involves third-party costs, you remain liable for these and they will be deducted from your Account or otherwise charged to you.
19. General Liability
- Without prejudice to Clause 18 and subject to Clause 18.4:
- neither party shall be liable to the other for indirect or consequential loss or damage (including, but without limitation, loss of business, profits or revenues), incurred in connection with this Agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;
- we shall not be liable:
- if you are unable to use the Card or Payment Services for any valid reason stated in this Agreement;
- for any fault or failure beyond our reasonable control relating to the use of the Payment Services, including, but not limited to, a lack of Available Balance or fault in or failure of data processing systems;
- for any loss, fault or failure relating to the use of a Third-Party Provider as stated in Clause 6.3, 6.6 and 6.7 of this Agreement;
- if a Merchant refuses to accept a Payment or fails to cancel an authorisation or pre-authorisation;
- for the goods or services that are purchased with your Card;
- for any dispute you might have with a Merchant or other user of the Payment Service where you acted with:
- undue delay;
- fraudulently; or
- with gross negligence (including where losses arise due to your failure to keep us notified of your correct personal details).
- You agree that you will not use the Payment Services in an illegal manner and you agree to indemnify us against any claim or proceeding brought about by such illegal use of the Payment Services by you, your Authorised Person and Additional Cardholder.
- You are solely responsible for your interactions with Merchants or other users of the Payment Services. We reserve the right, but have no obligation, to monitor or mediate such disputes.
- To the fullest extent permitted by relevant law, and subject to Clause 18 and Clause 19.5, our total liability under or arising from this Agreement shall be limited as follows:
- where your Card is faulty due to our fault, our liability shall be limited to replacement of the Card or, at our choice, repayment to you of the Available Balance; and
- in all other circumstances of our default, our liability will be limited to repayment of the amount of the Available Balance.
- Nothing in this Agreement shall exclude or limit either Party's liability in respect of death or personal injury arising from that party's negligence or fraudulent misrepresentation.
- No party shall be liable for or be considered in breach of this Agreement on account of any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control.
20. Dispute Resolution
- We are committed to providing an excellent customer experience for all our Customers. If we do not meet your expectations in any way, we want to have the opportunity to put things right.
- In the first instance, your initial communication will be with our Customer Services Team who can be contacted by e-mail to email@example.com or by phone to +34 910570262. Our Customer Services Team will listen to your needs and will do their best to solve your issue promptly and fairly. We value the opportunity to review the way we do business and this helps us meet our customers' expectations.
- If having received a response from our Customer Services Team you are unhappy with the outcome, please contact the Complaints Team of Prepaid Financial Services Ltd, 5th Floor, Langham House, 302-308 Regent Street, London, W1B 3AT in writing via email on firstname.lastname@example.org.
- Once received, the Complaints Team will conduct an investigation and you will receive a response with its findings within 15 days of receipt of the complaint. In exceptional circumstances where we are unable to reply within said period, we will reply providing a reason for the delay and deadline for response, not more than 35 days after first receipt of the complaint.
- If the Complaints Team is unable to resolve your complaint and you wish to escalate your complaint further, please contact either your city's Municipal Consumer Information Office or your regional authority's Directorate-General of Consumer Affairs. You may also lodge a complaint in your country of residence through the dispute resolution procedure at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
- You must provide us with all receipts and information that are relevant to your claim.
21. Your Personal Data
- PFS is a registered Data Controller with the Information Commissioners Office in the UK under registration number Z1821175 https://ico.org.uk/ESDWebPages/Entry/Z1821175
- In order for us to provide you with the services relating to your Account, we are required to collect and process personal data about you, Additional Cardholders and Authorised Persons, with your consent or on a legal basis to meet our obligations for Anti-Money Laundering legislation or other national legislation.
- Your consent will be sought for collection of your data and you have the right to agree or decline. Where you decline consent for the collection and processing of your data, we reserve our right to discontinue service due to our obligations as a financial services institution.
- We may disclose or check your personal data with other organisations and obtain further information about you in order to verify your identity and comply with applicable money laundering and governmental regulations. A record of our enquiries will be left on your file.
- We may pass your personal data on to third-party service providers contracted to PFS in the course of dealing with your Account. Any third parties that we may share your data with are obliged to keep your details secure, and to use them only to fulfil the service they provide you on our behalf. Where we transfer the personal data to a third country or international organisation, we ensure this is done securely and that they meet the minimum standard of data protection in their country.
- You have the right to receive information concerning the personal data we hold about you and to rectify such data where it is inaccurate or incomplete. You have the right to object to or withdraw any consent you have given for certain types of processing such as direct marketing.
- Your data will be retained for 6 years after the end of the provision of services to you, at which time your data will be destroyed in compliance with the requirements of the General Data Protection Regulation.
- In the event that you wish to make a complaint about how your personal data is being processed by us (or third parties as described in 18.5 above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and PFS's Data Protection Officer.
22. Changes of the Terms and Conditions
- We reserve the right to update or amend these terms and conditions (including our Fees & Limits Schedule) on an individual basis and on hard copy or any other lasting media at least two months in advance of the date the amendment proposed is meant to enter into effect. Notice of any changes will be given on our website, or by e-mail notification, or by SMS at least 2 months in advance. By continuing to use the Payment Services after the expiry of the 2-month notice period, you acknowledge that you indicate your acceptance to be bound by the updated or amended terms and conditions. If you do not wish to be bound by them, you should stop using the Payment Services and terminate this Agreement in accordance with Clause 10 before said changes take effect.
- We may assign or transfer our rights, interest or obligations under this Agreement to any third party (including by way of merger, consolidation or the acquisition of all or substantially all of our business and assets relating to the Agreement) upon 2 month's written notice. This will not adversely affect your rights or obligations under this Agreement.
- Nothing in this Agreement is intended to confer a benefit on any person who is not a party to it, and no such person has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement, but this Clause does not affect a right or remedy of a third party which exists or is available apart from that Act.
- Any waiver or concession we may allow you, will not affect our strict rights and your obligations under this Agreement.
- This Agreement and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement.
24. Funds Protection
All relevant funds corresponding to your Available Balance are segregated from our funds and held in the Customer Funds Account in accordance with the safeguarding requirements of the Electronic Money Regulations 2011. In the event that we became insolvent, those funds are protected against claims made by any of our creditors.
25. Governing Law and Jurisdiction
- The Payment Services, Card and Account are Payment Services and not deposit, credit or banking products, and are not covered by the Financial Services Compensation Scheme.
This Agreement shall be governed by and interpreted in accordance with the laws of Spain, and any dispute or claim in relation to this Agreement shall be subject to the non-exclusive jurisdiction of the courts of the city of Madrid. However, if you reside outside Spain, you may bring an action in your country of residence. In cases where the users of the Payment Services are deemed as a consumer according to the Consolidated Text of the General Consumer and User Defence Act and other complementary laws, the parties may submit the dispute to consumer arbitration, if they so agree, as envisaged in Royal Decree 231/2008 of 15 February governing the consumer arbitration system.
Fees & Limits Schedule (also available on our website https://rebellionpay.com/en/pricing
26. Intellectual and Industrial Property
- All rights over the contents, design and source code of this App and, in particular, including, but not limited to, all rights over photographs, images, texts, logos, designs, brands, trade names and data included in the App and any other industrial and intellectual property rights are held by REBELLION or by third parties which have expressly authorised REBELLION to use them in its App.
- Hence, the reproduction transfer, adaptation, translation, distribution and public communication, including making all or part of this App's contents available, on any media or through any technical means are expressly forbidden pursuant to the provisions set forth in Royal Legislative Decree 1/1996 of 12 April approving the Consolidated Text of the Industrial Property Act by clarifying and harmonising legal provisions on the matter in force, as well in Act 17/2001 of 7 December on Trademarks and in complementary legislation on intellectual and industrial property, except where expressly authorised in writing by REBELLION.
- REBELLION does not grant any licence or use authorisation of any kind for intellectual and industrial property rights or for any other kind of property or right related to the App, and it no case shall it be construed that browsing access of users involves a waiver, transfer, licence or total or partial assignment of said rights by REBELLION.
- Any use made of these contents not previously authorised by REBELLION shall be deemed as a serious breach of intellectual or industrial property rights and shall give rise to the liabilities provided by law.
- The App may monitor through cookie technology the user's interactions with the services offered.
- The user may be associated to the online identifiers offered by his/her devices and applications, such as session identifiers in the form of cookies.
- By accepting these General Terms and Conditions, the user accepts and gives his/her express consent to the processing of the results obtained from his/her browsing to prepare statistical profiles.
28. Data Protection
- The user data collected through the Application is collected by REBELLION in order to provide users the Services through the Application.
- REBELLION takes user data protection very seriously and therefore undertakes to process it a totally confidential way and to use it solely for the purposes indicated.
- REBELLION respects its users' privacy and ensures that personal data is processed in accordance with prevailing legislation.
29. Links to Third Parties
- The Application may contain links or hyperlinks to websites or applications owned by third parties. REBELLION assumes no liability whatsoever for the contents, information or services which may appear in said websites, and in no case do they involve any kind of relationship, acceptance or backing involving REBELLION and the entities which own said contents or the owners of the websites and/or applications on which they appear.
- REBELLION may translate these General Terms and Conditions or any other policy it may post on the App. The Spanish version shall prevail in the event of a discrepancy with other translations.
31. Dispute Resolution
- All the clauses or provisions of these Terms and Conditions of use shall be interpreted in an independent and autonomous fashion and are not affected by the rest of the stipulations if any of them are declared null and void by a final court judgement or arbitration award. The clause or clauses thus affected shall be replaced by another or other clause(s) to maintain the effects sought by the Terms and Conditions.
- These Terms and Conditions are subject to Spanish legislation. In accordance with Royal Legislative Decree 1/2007 of 16 November approving the Consolidated Text of the General Consumer and User Defence Act and other complementary laws, the parties subject themselves to the courts and tribunals of the user's place of residence.
- As provided by Regulation (EU) No. 524/2013 of the European Parliament and of the Council 21 May 2013 on online dispute resolution for consumer disputes, REBELLION informs you that users residing in the European Union may, in the event of a dispute, use the "Online Dispute Resolution App" developed by the European Commission in an attempt to resolve any disputes that may arise from the provision of the services by REBELLION.
- Users can access the "Online Dispute Resolution App" through the following link: http://ec.europa.eu/consumers/odr/