De ChipIt! Vooruitbetaalde, contactloze Maestro®-armband van Rabobank Algemene Voorwaarden
Please read this Agreement carefully before you activate your ChipIt! Prepaid Maestro Contactless Wristband from Rabobank hereafter referred to as the ChipIt! Wristband. This information forms the Terms and Conditions of your ChipIt! Wristband. By using, or authorising your child to use the ChipIt! Wristband, you accept the Terms and Conditions. If there is anything you don’t understand or agree with, please contact Customer Services using the contact details in paragraph 16 of this Agreement.
Account – The electronic account associated with your ChipIt! Wristband.
Agreement – This Cardholder Agreement as varied from time to time.
Available balance – The value of funds loaded onto your ChipIt! Wristband and available for use.
Cardholder – You, the parent/legal guardian and primary account holder, who is entering into this Agreement with us, and on behalf of the child wristband-holder authorised to use the ChipIt! Wristband.
Customer Services – The contact centre for dealing with queries about your ChipIt! Wristband. Contact details for Customer Services can be found in paragraph 16.
Days – The days of Monday to Friday, but does not include bank holidays.
e-money – The electronic money associated with your ChipIt! Wristband.
Full Deductible Amount – The full transaction amount, including the Transaction itself along with any associated fees, charges and taxes.
Lost and Stolen Line – means telephone number +44 (0) 845 218 0255 on which you can report your ChipIt! Wristband lost or stolen 24 hours a day every day of the week.
Mastercard International Incorporated - Mastercard International Incorporated whose head office is at 2000 Purchase Street, Purchase, New York, 10577 USA.
Merchant – A retailer, or any other person, firm or corporation that accepts cards which display the Maestro Mastercard Acceptance Mark and which has contactless payment facilities.
My account – The area on the Website that allows you to register for online access to your and your associated child accounts and view details of your balance and Transaction history. My account provides up-to-date information about your account/s and you will need an internet connection in order to access it.
Wristband – The ChipIt! Wristband containing the contactless card issued to you under this Agreement.
Transaction – A retail sale completed by you using your ChipIt! Wristband.
We, us or our and issuer – "We", "us", "our", and "Issuer" means; Wirecard Card Solutions Ltd or Quantum Card Services. Wirecard Card Solutions Ltd whose principal office is Grainger Chambers, 3-5 Hood Street, Newcastle Upon Tyne, NE1 6JQ (UK) is authorised and regulated by the Financial Conduct Authority (registered number 156058) as a building society and an issuer of e-money. Your Prepaid Tag is the property of Wirecard Card Solutions Ltd and is not transferable to anyone else.
Website – means the website www.rabochipit.nl
Service - means the e-money service offered to customers by Wirecard which will allow you to make contactless payments using the ChipIt! Wristband;
2. SCOPE OF THIS AGREEMENT
2.1 Your ChipIt! Wristband is an e-money “prepaid account”. This is not a “credit, charge or debit account”.
2.2 Each ChipIt! Wristband Account will consist of the Parent’s Primary Load Account and up to four Child Wristbands. Transactions conducted using a Child Wristband will be funded by loads from the linked Primary Load Account. The Parent shall have full power to administer the Child’s Wristband Account. The Parent is the owner of all funds in the Wristband Account at all times.
2.3 This ChipIt! Wristband is issued by Wirecard, pursuant to license by Mastercard International. This ChipIt! Wristband is an electronic money product. This agreement is an e-money agreement. The ChipIt! Wristband will expire on 1st November 2017 and if you have registered it (see 6.2) any unspent money may be requested to be returned to the ChipIt! Wristband holder. Your rights and obligations relating to the use of this ChipIt! Wristband are subject to this Agreement between you and us; you have no rights against Mastercard International Incorporated or its respective affiliates. If you experience any difficulties in using the ChipIt! Wristband, you should contact Customer Services. In the event that we become insolvent, the e-money on your ChipIt! Wristband may lose its value and become unusable, and accordingly, you may lose your e-money. The ChipIt! Wristband remains our property.
2.4 These Terms and Conditions are written and available only in English and we undertake to communicate with you in English regarding any aspect of your ChipIt! Wristband or account.
3. RECEIVING AND REGISTERING YOUR CHIPIT! WRISTBAND
3.1 You will be given your child’s wristband/s by Rabobank. Before you can load any of your own funds onto the Primary Load Account, or activate the Child’s Wristband, you will need to register and complete the necessary information. Only the Parent is allowed to activate the Child Wristband.
3.2 You agree to provide accurate personal information and to tell us of any changes as soon as possible so that our records remain correct. You should update any changes to your personal information by visiting the Website www.rabochipit.nl or contacting Customer Services. In particular, you should always keep us informed of changes to your email address.
3.3 You agree that we may communicate with you by email for issuing any notices or information about your account or ChipIt! Wristband. Additionally, your Transaction history and balance are made available to you in the ‘my account’ section on the website and you will need to register in order to be able to obtain this information.
3.4 You cannot use a ChipIt! Wristband to make cash withdrawals. Please see paragraph 4.1 for full details on how to authorise Transactions.
3.5 If you have any questions regarding any transactions about your ChipIt! Wristband account please contact customer services.
4. USING YOUR CHIPIT! WRISTBAND
4.1 You will not be able to use your ChipIt! Wristband if the Merchant does not accept payment by Contactless. Please be aware that you may not usually stop a Transaction once it has been authorised, as at that point it is deemed to have been received by us. You will be responsible for all Transactions where you authorise such Transaction, regardless of the manner of such authorisation. The maximum value for an individual transaction is different in each European country. In the Netherlands it is €25. For most other European countries it is between €20-25. In Eastern Europe it is lower. There may be terms and conditions imposed on you by the shop or other organisation where you’re using your ChipIt! Wristband which we can’t control.
4.2 Your ChipIt! Wristband is a prepaid product, which means that the ChipIt! Wristband’s available balance will be reduced by the full amount of each Transaction and authorisation, plus any applicable charges. This is your ‘Full Deductible Amount’, which must be less than or equal to the available balance on your ChipIt! Wristband. You must not use your ChipIt! Wristband if the Full Deductible Amount exceeds the available balance. If, for any reason, a Transaction is processed for an amount greater than the available balance on your ChipIt! Wristband, you must repay us the amount by which the Full Deductible Amount exceeds your available balance within 14 days of receiving an invoice from us. Should you not repay this amount within 14 days of receiving an invoice from us, we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
4.3 You can check your balance for free by visiting the ‘my account’ section on the website www.rabochipit.nl
4.4 Due to security safeguards, Merchants that accept your ChipIt! Wristband are required to seek authorisation from us for all of the Transactions that you make.
4.5 Your ChipIt! Wristband cannot be used as a form of identification.
4.6 The available balance on your account will not earn any interest.
4.7 We may ask you to surrender the ChipIt! Wristband at any time for a valid reason in accordance with the provisions in paragraph 11 of these Terms and Conditions.
4.8 Any payments will be debited from your account immediately.
4.9 The Service will not allow you to access any credit, you can only spend the amount of funds you have in your account.
4.10 You can’t stop a ChipIt! Wristband payment but the retailer may give you a refund.
4.11 You will need to use a password to access your account online. You must memorise your password and keep it secret; you must never write your password down.
4.12 You should keep your ChipIt! Wristband safe, this means that you should not let anyone else use it or leave your wristband unattended so that someone else can use it.
5. TOPPING-UP YOUR CHIPIT! WRISTBAND ACCOUNT
5.1 Once you have registered your details and card payment details you will be able to load and top up your ChipIt! Wristband Primary Load Account. The following limits apply to the Primary Load Account, minimum load of €25, a maximum load of €200, and maximum balance of €750, with up to 3 loads per day allowed, and a total annual load limit of €2,000.
5.2 A Child Wristband can be funded only by the Parent transferring funds from his or her Primary Load Account to the Child Account online at www.rabochipit.nl as a manual or recurring transfer: minimum transfer of €0.01, a maximum transfer of €50. Funds cannot be loaded to the Child Wristband by any other means. The total limits across all child wristband accounts are therefore equal to the parent account.
5.3. We retain the right to de-activate the Primary Load Account and child’s ChipIt! Wristband before the total annual load limit of €2,000 referred to in 5.1 is reached if we are required to do so for legal or regulatory purposes.
5.4 You can pay funds into your account at any time at www.rabochipit.nl using a nominated credit or debit card.
5.5 You can request a full refund from your account to your credit or debit card at any time by contacting our dedicated customer services via the ‘contact us’ form at www.rabochipit.nl
6. CANCELLATION AND EXPIRY OF YOUR CHIPIT! WRISTBAND
6.1 Your Wristband will expire on 1st November 2017.
6.2 RETURNS AND REFUNDS
Your Rights to Redemption of Funds and Refunding of Transactions on your ChipIt! Wristband - Redeeming the funds on your ChipIt! Wristband. You have the right to redeem the funds on your ChipIt! Wristband at any time. Money can be transferred from the child’s wristband back to load account within the ‘my accounts’ at www.rabochipit.nl. If you wish to refund money from the parent load account please contact us via the ‘contact us’ form at www.rabochipit.nl, requesting redemption and indicating the amount to be redeemed. If you request redemption of all funds on your ChipIt! Wristband account, we may ask you to confirm that you have destroyed the wristbands. We may require you to provide us with documents such as identification so that we may process your request in accordance with legal requirements.
On expiry of the wristband, you may request that any remaining funds be returned to you onto the debit or credit card you used to load it. If we cannot return the funds to your card we will contact you to arrange an alternative method.
6.3 You can cancel this agreement at any point after you sign up for the Service via the ‘contact us’ form at www.rabochipit.nl
6.4 You will have to pay for any payments you have already made using the Service from the funds in your account before the balance will be returned to you.
6.5 Under normal circumstances, we may only terminate the Service by giving you at least two months’ notice. We may terminate the Service immediately in exceptional circumstances (including but not limited to those set out in section 11), which might include a legal obligation to end the Service or threatening or abusive behaviour towards their staff.
6.6 You can only refund a maximum of €500 from your Account to your credit or debit card during your use of the Service; once you reach this limit, we will notify you and this agreement will be terminated. Following termination the balance of your Account will be refunded to your nominated credit or debit card.
7. CARDHOLDER LIABILITY AND AUTHORISATIONS
7.1 We may restrict or refuse to authorise any use of your ChipIt! Wristband in any legal jurisdiction if using the ChipIt! Wristband is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the ChipIt! Wristband.
7.2 Where appropriate, any refusal to authorise a Transaction will be relayed to you via the Merchant concerned.
7.3 If we need to investigate a Transaction on the ChipIt! Wristband, then you must co-operate with us, the police or any other authorised body if this is required.
7.4 You should never allow another person to use your ChipIt! Wristband other than the child you have authorised to use it.
7.5 You agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors (including without limitation, Mastercard International Incorporated), and service providers and their group companies from and against the costs of any legal action taken to enforce these Terms and Conditions and / or any breach of these Terms and Conditions or fraudulent use of your ChipIt! Wristband, by or authorised by you.
7.6 You agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors (including without limitation, Mastercard International Incorporated), and service providers and their group of companies from and against damages or costs of any legal action arising out of any damage to you.
8. UNAUTHORISED & INCORRECTLY EXECUTED PAYMENTS
8.1 We will refund any incorrectly executed transaction immediately unless we have any reason to believe that the incident has been caused by a breach of this agreement, gross negligence or we have reasonable grounds to suspect fraudulent activity. For both item 8 and 9 if the investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence, or in breach of these terms and conditions, you may be liable for any loss that we suffer.
8.2 You should check the transactions on your account regularly and carefully. Tell us via the ‘contact us’ form at www.rabochipit.nl www.rabochipit.nl at any time if there is a transaction you do not recognise or if you think we have sent a payment incorrectly. If you don’t tell us within 13 months of the date of the payment, you may not be entitled to have any disputed transactions corrected.
8.3 If you dispute that you’ve carried out a transaction, we will expect you to co-operate with us and the police in any investigations. We may give the police and their insurers any information they consider relevant, to enable them to carry out investigations.
9. LOST, STOLEN OR DAMAGED CHIPIT! WRISTBAND
9.1 You should treat the e-money on your ChipIt! Wristband like cash in a wallet. If you or your child lose the ChipIt! Wristband or it’s stolen, you may lose any e-money on it in just the same way as if you lost your wallet.
9.2 In the event of loss, theft, fraud or any other risk of an unauthorised use of your ChipIt! Wristband, or if your ChipIt! Wristband is damaged or malfunctions, you must contact the Customer Service team by calling our 24 hour lost and stolen helpline on +44 (0) 845 218 0255 or via ‘My Account’ at www.rabochipit.nl so that we can cancel your ChipIt! Wristband. In the event that you notify us in accordance with this Agreement that your ChipIt! Wristband has been lost or stolen, you will be liable for a maximum of €50 of any loss that takes place prior to you contacting us.
9.3 Provided that you have given notification in accordance with clause 9.2 and that clause 9.4 does not apply, then you will not be liable for losses that take place following the date on which you gave such notification to customer services or the Lost and Stolen Line. If there is an available balance remaining on your ChipIt! Wristband, it can be returned to the load account, unless we have any reason to believe that the notified incident has been caused by your breach of this Agreement, gross negligence or if it raises reasonable suspicion of fraudulent or improper conduct.
9.4 In the event that we have reason to believe you have acted fraudulently or you have acted with gross negligence or intentionally in failing to notify us of the lost or stolen ChipIt! Wristband then you shall be liable for all losses.
9.5 If you or your child reports a ChipIt! Wristband lost or stolen, the wristband account will be blocked and we will attempt to replace it on a best endeavours basis. If we are unable to replace your ChipIt! Wristband the contract will terminate in accordance with Section 11.
10.1 The Fees for using your ChipIt! Wristband are set out below
Transactions in Euro’s €: Free
Top Up: Free
10.2. TRANSACTIONS MADE IN FOREIGN CURRENCIES
Your load account and Wristbands are loaded with € (Euro). Should the Wristband be used in a currency other than Euro € a conversion charge of 2.75% may apply.
10.3 We will deduct any charges due from the available balance on your ChipIt! Wristband if there is no available balance of funds on your ChipIt! Wristband, or charges exceed the balance of funds available, we shall send an invoice to you and will require you to refund us within 14 days of the invoice. Should you not repay this amount within 14 days of receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
11. TERMINATION OR SUSPENSION
11.1 We can terminate this Agreement at any time if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the ChipIt! Wristband in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your Transactions due to the actions of third parties.
11.2 We can suspend your ChipIt! Wristband at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:
11.2.1 We discover any of the information that you provided to us when you applied for your ChipIt! Wristband was incorrect.
11.2.2 A Transaction has been declined because of a lack of available balance,
11.2.3 You have breached this Agreement or we have reason to believe that you have used, or intend to use the ChipIt! Wristband in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your Transactions due to the actions of third parties.
11.3 In the event that we do suspend or cancel your ChipIt! Wristband, then if we are able to do so, we will tell you in advance, otherwise we will let you know immediately afterwards. We may advise anyone involved in the Transaction if a suspension has taken place.
11.4 In the event that any additional fees are found to have been incurred on your ChipIt! Wristband following termination by either you or us, then subject to these Terms and Conditions, you shall refund to us any sum which relates to a withdrawal on the ChipIt! Wristband or fees and / or charges validly applied, whether before or after termination. We’ll send an invoice to you and will require you to refund us within 14 days. Should you not repay this amount within 14 days of receiving an invoice from us, we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
12. OUR LIABILITY
12.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), and breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including the failure of data processing systems,
12.1.2 We shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses,
12.1.3 Where the ChipIt! Wristband is faulty due to our default, our liability shall be limited to replacement of the ChipIt! Wristband, or at our choice, redemption of the available balance,
12.1.4 Where sums are incorrectly deducted from your available balance due to our default, our liability shall be limited to payment to you of an equivalent amount,
12.1.5 In the unlikely event that sums are deducted from your available balance, but you did not authorise such deduction in accordance with these Terms and Conditions, then our liability shall be as set out in paragraph 12.
12.1.6 In all other circumstances of our default, our liability will be limited to redemption of the available balance.
12.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.4 The above exclusions and limitations set out in this paragraph 12 shall apply to any liability of our affiliates such as Mastercard® International Incorporated, or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
13. YOUR INFORMATION
13.1 You may provide us with personal data from time to time in connection with your ChipIt! Wristband. Some personal data will be necessary for us to provide you with the ChipIt! Wristband and services under this Agreement. You must notify us immediately of any change of name and address by contacting Customer Services – see section 16.
13.2 We and our affiliates are committed to maintaining your personal data in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with these Terms and Conditions, your personal information will not be passed to anyone without your permission. To comply with Anti-Money Laundering Regulations, we are required to request evidence of identity from you and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of your ChipIt! Wristband for this purpose and who will add details to your record of our request for a search. Please note we only carry out an identity check and this will not leave a negative footprint on your credit file.
13.3 You agree that we can use your personal data in connection with the ChipIt! Wristband, and the e-money associated with the ChipIt! Wristband, to contact you about replacement ChipIt! Wristbands, and to enable us to review, develop and improve our products and services. This may involve providing your personal data to our partners, affiliates, agents, distributors, and suppliers and to Mastercard International Incorporated and its affiliates to process Transactions and for their statistical research and analytical purposes. We may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity.
13.4 You may contact us at any time to request us to stop such use or further disclosure to other companies for such use.
13.5 You have a right to receive copies of the personal data we hold about you, however, we will ask you to pay an admin fee of £10 to cover our costs. For further information, please contact Customer Services – see section 16.
13.6 If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your ChipIt! Wristband until we can establish the correct information, in order to protect us both.
14. COMPLAINTS PROCEDURE
14.1 Complaints regarding any element of the service provided by us should be sent in writing to the address or by email to Customer Services, as advised in section 16.
14.2 All complaints will be subject to our Complaints Procedure. We will provide you with a copy of our Complaints Procedure upon request.
14.3 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (Exchange Tower, London E14 9SR, phone +44 (0)300 123 9123 or +44 (0)800 023 4567). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
14.4 The Financial Services Compensation Scheme is not applicable for the ChipIt! Wristband. No other compensation schemes exist to cover losses claimed in connection with the ChipIt! Wristband.
15.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
15.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
15.3 You may not assign or transfer any of your rights and / or benefits under these Terms and Conditions and you shall be the sole party to the contract between us. You will remain liable until all ChipIt! Wristbands issued to you are cancelled or have expired and all sums due under these Terms and Conditions have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
15.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions of these Terms and Conditions, save that Mastercard International Incorporated and their respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon them.
15.5 This Agreement contains the information set out in Schedule 4 of the Payment Service Regulations 2009 and you can obtain a copy of this Agreement at any time by visiting the Website
15.6 This Agreement is governed by English law and you agree to the nonexclusive jurisdiction of the courts of England and Wales. If you want to bring a claim against us in the courts, the courts of England and Wales will be able to deal with any questions relating to this agreement.
15.7 We may make changes to these terms and conditions at any time by giving you at least two months’ personal notification before the changes take effect. You have the right to de-register from the Service without charge at any time before the changes come into effect. If you don’t de-register from the Service you will be treated as having accepted the changes.
15.8 We will personally notify you of any changes by sending details about them in writing or by email. Invalidity or unenforceability of any provision of these terms and conditions does not affect the validity of the remaining provisions.
15.9 Nothing in these terms and conditions will reduce your statutory rights.
15.10 Third parties may impose other charges in connection with the service.
15.11 We may choose not to enforce or rely on one or more of these terms and conditions at any time, but we reserve the right to start applying them again at any time.
15.12 If you would like to request a copy of the terms and conditions please contact customer service on +44 (0)871 200 1484.
16. CONTACTING CUSTOMER SERVICES
16.1 If you’ve got a question, you can contact Customer Services by:
EMAIL at - email@example.com,
POST at ChipIt! Wristband, PO Box 6065, Bournemouth BH1 9AY, UK;
TELEPHONE +44 (0)871 200 1484