MyPocket Terms and Conditions
Valid as of 3 August 2020
These general terms of use (the “T&Cs”) lay down
the terms and conditions under which Fair-eZone, a French Simplified Joint
Stock Company (“Société par
actions simplifiée”) registered in Nanterre, France under no. 800 845 323;
registered address: 20 bis Rue Louis Philippe, 92200 Neuilly-sur-Seine, France, makes the Site and the Mobile Application (“MyPocket”)
available to the Users, as well as the Parties’ mutual obligations as part of the
use of the Services.
The Users
shall therefore be deemed to have accepted these T&Cs in full, without
reservations, prior to any use of the Services. Any browsing of the Site or any
use of the Services, including before the creation of an Account, automatically
implies acceptance of these T&Cs by the User.
The MyPocket
Cards solution is operated by our partner, Prepaid
Financial Services. The
use of the MyPocket Card and Electronic Money services is governed by the
general terms and conditions of the Mastercard® MyPocket
prepaid cards solution of Prepaid Financial Services, available here, which
the Users undertake to accept prior to using the Services.
Should the
Users not accept these terms and conditions, they must refrain from using the Site
and the Services.
The Users may
procure a copy of these contractual documents at any point in time and at no
cost by accessing the Mobile Application or the Site.
Any terms
beginning with a capital letter in these T&Cs shall have the meaning that
is imparted to them in the “Definitions” Appendix.
Article 1 – Terms of access to the Services
1.1. Terms of access to the Services
The Users must
be natural persons who are aged over 18 and reside in one of the countries of
the European Economic Area (EEA); they must have full legal capacity and must
only use the Services on their own behalf and for personal purposes.
Any Users
who do not comply with the abovementioned prerequisites may not use the
Services, whether wholly or partly. In case of a false declaration, the Users moreover
acknowledge that they run the risk of a unilateral rescission of these T&Cs
by Fair-eZone, notwithstanding the civil remedies or criminal punishments that they
may also face as a result.
The Users are
hereby informed that the Services are based on the Mastercard® MyPocket prepaid
card solution of Prepaid Financial Services, which implies their prior acceptance
of the PFS T&Cs.
The Users acknowledge
and agree that PFS imposes additional preliminary requirements that are indispensable
for the use of the Payment Services, which they must become acquainted with carefully
prior to any use of these Payment Services.
1.2. Registration
In order to
register, the Users should enter their profile by keying in their first name,
family name, title, date of birth, country and place of birth, telephone no., Identifiers,
country of residence, full address and default currency.
The default
currency must be either the Euro (EUR) or the pound Sterling (GBP).
The Users
must then produce an identity document, then a selfie with his identity
document in hand as well as proof of address. Then, they will be asked to
complete their registration with personal information, like occupation, and
financial and banking data, then choose a subscription formula. Once these
documents received, Fair-eZone shall perform Customer Due Diligence as
indicated in the following chapter.
Once the Users
fully approved, they will be asked to deposit money on their Account for the
first time.
1.3. Customer Due Diligence
As part of its
obligations in terms of preventing fraud and money laundering, Fair-eZone has
an obligation to check the identity of its Users and the address where they
reside. To that end, the documents provided by the User shall be inspected to
ascertain their authenticity and validity. Access to the Payment Services shall
only be made available to the Users once they have been fully approved.
The Users undertake
to keep their personal data up-to-date. To that end, they undertake to update
their personal information as soon as possible in case of a change of address or
telephone no.
Any Users who fail to comply with
these prerequisites run risk that the following may happen, without any
compensation whatsoever being due:
·
They
may be barred from using the Payment Services,
·
Instructions
may be imposed on their use of the Payment Services,
·
Their
Transactions may be rejected or cancelled automatically.
1.4. Subscription
The MyPocket
Service is available on a monthly or yearly subscription. The various subscription
formulas are presented in the “Fees and Limitations” Appendix and feature specific
usage fees and limitations.
Where the
Users choose a fee-paying subscription formula, the corresponding costs shall
be debited from their Available Balance on the first day of their subscription to
the new formula they chose, and shall be valid for the chosen duration. The
Users shall be billed automatically on the anniversary date of each subscription
period (monthly or yearly) for the fees applicable to the next period. In order
to avoid these fees being billed to them at that point, Users may switch from a
fee-paying subscription to the free subscription formula prior to the renewal
date.
Users who
switch from a fee-paying subscription formula to a free subscription formula at
a time when the current subscription period has not yet ended shall continue to
benefit from the services of the fee-paying formula until the end of the period
for which they paid their subscription.
Should any
Users fail to pay the fees associated with a fee-paying subscription, their
fee-paying subscription formula shall be rescinded and they shall be switched
onto the free subscription formula, in keeping with the terms that are set out
below.
When the
time comes to debit the fee that is due for a User’s fee-paying subscription, should
the Available Balance be insufficient to cover the corresponding fee, the User shall
be summoned to credit their Account as soon as possible. Users who have not
credited their Accounts on the date on which the fee is due to be debited shall
be automatically switched from their fee-paying subscription to the free subscription
formula. Users shall have to credit their Accounts with sufficient funds in
order to be able to once again subscribe to a fee-paying subscription formula.
Article
2 – The
Services
The Payment
Services mentioned below can only be activated if the Users have transmitted the
information required for the Customer Due Diligence and if Fair-eZone has
approved the Users. Fair-eZone shall keep a file containing this information and
these documents, and shall forward this file to PFS, in accordance with the applicable
statutory and regulatory provisions.
2.1. The MyPocket Account and Card
2.1.1. The MyPocket Account
Once a User
is fully approved, Fair-eZone shall open an Account for them on the books of PFS
and a bank account number shall be allocated to that account.
The format of this account number shall
depend on the default currency chosen by the User upon registration:
·
Should
the User have chosen EUR as their default currency, the account number shall
take the form of an IBAN number
·
Should
the User have chosen GBP, as their default currency, the account number shall
consist of a British account number combined with a “sort code” identifying the
financial institution
In both
cases, the account number that is allocated shall enable Users to receive incoming
transfers (credit the Account) and to perform outgoing transfers (debit the
Account) from/to a bank account that is external to MyPocket.
2.1.2. The MyPocket Card
Once their
Account has been opened, the Users may order their MyPocket Card and make an
initial deposit of funds into it (see Article 2.3). The MyPocket Card is an international
card, with the contactless payment option activated by default, that is usable throughout
the Mastercard network until the last day of the month shown on the Card.
The
MyPocket Card is not a credit card and is not issued by a bank. There is only
one Account into which the Available Balance is deposited. The reference to the
EUR or GBP currency shows the Available Balance in this currency or its
equivalent in the currency of the country in which the Card is denominated. The
Available Balance of the MyPocket Card and/or the Account shall not bear
interest.
Any Transaction
using the MyPocket Card in a currency other than that in which the Card is
denominated shall require a foreign exchange Transaction to be performed at the
Applicable Exchange Rate.
a. Ordering a MyPocket Card
Users
should order their MyPocket Card via the Mobile Application. They should begin
by choosing a PIN code which they must key in twice and then memorise. Should a
User forget their PIN code, they may request that it be sent to them by SMS as
explained in section g of this Article.
The
MyPocket Card shall be sent out to the address declared by the User. It must be
activated before its first use as mentioned in the next section.
The
MyPocket Card is offered free of charge.
b. Activating the MyPocket Card
The MyPocket
Card must be activated before its first use.
Upon receipt of their
MyPocket Card, the Users must therefore activate it:
·
Either
free of charge, by keying into the Mobile Application a code identified as “CH-ID”
that is printed on the back of the Card. The Card shall have been delivered together
with a letter describing the activation process in detail.
·
Or
by one of the following methods, subject to payment of the fees mentioned in
the “Fees and Limitations” Appendix:
o
by asking the
PIN code by phone on +33 1 86 26 93 35
o
by asking the PIN code by SMS : send the word PIN followed by the last 8
digits of the Card (for instance “PIN
34567890”) to +33
7 56 79 63 12.
The cards
may be activated free of charge via the Mobile Application.
c. To deactivate the contactless payment
option
After
activating their Card, the Users may deactivate the contactless payment option of
their Card directly via the Mobile Application.
d. Locking/unlocking the MyPocket Card
The Users may lock or unlock their
MyPocket Card when needed. They may do so:
·
Either
free of charge via the Mobile Application
·
Or
by one of the following methods, subject to payment of the fees mentioned in
the “Fees and Limitations” Appendix:
o
by
calling +33 1 86 26 93 35
o
by sending an SMS to +33 7 56 79 63 12:
§ to lock: by
sending an SMS containing the word Lock followed by the 4 last digits of the Card. For instance, by sending a text message
containing “Lock 7890” to +33 7 56 79 63 12.
§ to unlock:
by sending an SMS containing the word UnLock followed by the 4 last digits of
the Card. For instance, by sending a
text message containing “Unlock 7890” to +33 7 56 79 63 12.
e. Reporting the MyPocket Card as lost
or stolen
In case of loss or theft of their
MyPocket Card, or should Users believe that someone who they have not
registered as an authorised person is using their Card, their PIN code and/or their
Identifiers, or in case of damage to or malfunction of their Card, the Users:
·
Should
initially lock their Card as mentioned in the previous section, and then unlock
it if they find it or if their concerns about an unauthorised use thereof are
allayed
·
Should
this not be the case, they should then declare their Card as lost or stolen:
o
Either
via the Mobile Application
o
Or
by calling +33 1 86 26 93 35.
A new MyPocket
Card shall then be sent to the address declared by the User in the Mobile
Application.
The
procedure for managing the loss or theft of Cards and their replacement with a new
MyPocket Card is subject to the payment of the fees mentioned in the “Fees and
Limitations” Appendix.
Should Users
subsequently find or recover a Card that they reported as lost or stolen, they
must destroy it immediately by cutting it in two through the magnetic strip and
the chip.
f. Changing the PIN code
It is
possible to change the PIN code in any ATM cash machine with this functionality.
A change of
PIN code may be subject to fees, as set out in the “Fees and Limitations”
Appendix.
g. Retrieving a PIN code via SMS
Users who forget their PIN code may
retrieve their PIN code using one of the following methods:
·
Either
via the Mobile Application,
·
Or
by calling +33 1 86 26 93 35
·
Or
by sending an SMS containing the word PIN followed by the last 8 digits of the
Card (for instance “PIN 34567890”) to
+33 7 56 79 63 12.
Regardless
of what method is used, the PIN code shall be sent by SMS to the telephone
number declared by the User. The sending of the PIN code by SMS shall be
subject to fees as set out in the “Fees and Limitations” Appendix.
h. Renewal of the MyPocket Card
Any MyPocket
Card that is about to expire and for which the Available Balance has not been
exhausted shall be automatically renewed, and the new card shall be sent to the
last known address declared by the User.
The MyPocket
Card shall be renewed free of charge.
Users who
do not wish to renew their Card should either close their Account or call +33 1
86 26 93 35 at least 14 days prior to the expiry date of their Card.
2.2. Viewing the Available Balance
The Users may view their Available Balance free
of charge in real time via the Mobile Application.
They may also query their Available Balance by one of the following
methods, subject to payment of the fees mentioned in the “Fees and Limitations”
Appendix:
·
by
calling +33 1 86 26 93 35
·
or by sending an SMS containing the word Balance followed by the last 4 digits of the Card (for instance “Balance 7890”) to +33 7 56 79 63 12.
2.3. Reloading the Account
There are several ways in which
Users may deposit Electronic Money into their Account:
·
Either
by making a bank transfer from another bank account to their MyPocket account
no.:
o
a
SEPA Transfer if they chose EUR as their default currency,
o
a
GBP Transfer if they chose GBP as their default currency.
The User’s Account shall be credited in keeping with the terms laid down
in the PFS T&Cs, minus any fees that may be due.
·
Or
by making a payment using another bank card that they hold. In that case, the
User’s Account shall be credited immediately with the sum paid, minus any fees
that may be due.
·
Or,
in the United Kingdom, by going to a post office or a Payzone retailer to reload
their MyPocket card. In that case, the User’s Account shall be credited the
next business day with the sum paid, minus the fees.
·
Or,
in France, by going to a tobacconist to buy a MyPocket voucher. This voucher
will have a code that the User will have to manually enter or scan in the
MyPocket Mobile application to reload his MyPocket account. In that case, the
User’s Account is immediately credited with the sum paid, minus the fees.
The
reloading of their Accounts may cause the Users to incur fees as set out in the
“Fees and Limitations” Appendix.
Fair-eZone shall
not be liable for the payment process or the costs charged by the bank(s) and/or
the intermediary bank(s) to make the payments that you made to Fair-eZone.
Fair-eZone deducts the costs charged by third parties to receive, process or
credit payments to the Users before crediting the balance of the Users’ Accounts.
Users should check and confirm the payment references and the costs and fees
charged before making a payment into their Account.
Fair-eZone may
request that Users provide evidence of the source of the funds to comply with its
regulatory obligations; should this be the case, the Users undertake to immediately
provide the evidence that is requested. The Users represent and warrant that the
evidence that they provide shall be up-to-date, complete and accurate.
2.4. Direct debits (in GBP only)
The Users may
provide an automatic Direct Debit authorisation to any requesting body by
providing their account number and sort code, if their Account is in GBP.
The Users must
check the accuracy of the references provided for the creation of the Direct
Debit mandate in GBP. They must ensure that the Available Balance of their
Account is sufficient to enable the debiting of the funds from their Account. They
must check the terms of use that the requesting body discloses to them.
The Users acknowledge
being directly liable to the issuer in case of cancellation of a Direct Debit from
their GBP Account. Fair-eZone is unable to act on their behalf in this respect,
and disclaims liability in case of losses due to a User’s inability to cancel a
Direct Debit mandate.
Any Direct
Debit payment that is rejected owing to an insufficient Available Balance shall
be billed as set out under the “Direct debit decline fee” section in the “Fees
and Limitations” Appendix.
2.5. Withdrawing cash
The Users may
use their MyPocket Card in any ATM to withdraw cash. The amount that may be
withdrawn shall be subject to the Available Balance, which shall be checked
there and then; if the sum sought is greater than the Available Balance, the
withdrawal shall be rejected.
A cash
withdrawal is a Transaction that may be subject to fees depending on the
subscription formula taken out by the User, as mentioned in the “Fees and
Limitations” Appendix.
Fees shall
be billed to the Users for any withdrawal that is rejected owing to an
insufficient Available Balance, as set out under the “ATM withdrawal decline
fee” section of the “Fees and Limitations” Appendix.
2.6. Payments
Payments for
goods or services may be made using the MyPocket Card or via outgoing bank
transfers (SEPA Transfers or GBP Transfers).
The MyPocket Card may be used to
make online payments within the limits mentioned in the “Fees and Limitations”
Appendix on any site that accepts Mastercard payments or at any physical point
of sale that accepts Mastercard cards:
o
For
all online payments, the 3D Secure option shall be activated.
o
For
payments at a physical point of sale:
§ Contactless payment without using a PIN
code may be made to the extent of the caps imposed by the prevailing
regulations, provided that the contactless payment option is activated and the
merchant accepts contactless payments.
§ In all other cases, the Users must
enter their PIN code to confirm a payment.
Prior to
making any Payment, the Users must check that they have a sufficient Available
Balance to pay for the Transaction and for the related fees and costs. If for
any particular reason a Transaction is processed but its amount exceeds the Available
Balance, the User involved must immediately pay the excess; in the meantime, Fair-eZone
shall be entitled to stop the processing of any pending or subsequent Transactions.
Fees shall
be billed to the Users for any attempted payment that is rejected owing to an
insufficient Available Balance, as set out under the “Payment decline fee”
section in the “Fees and Limitations” Appendix.
2.7. The Money Sending Services
For each of
the Money Sending Services mentioned below, the Users must state the purpose of
the transfer and the amount to be sent; this information may be analysed for
the purpose of the prevention of fraud and money laundering.
2.7.1. The Pocket to bank service
This is a
service for sending Electronic Money to a bank account.
SEPA or GBP
Transfers are Electronic Money Sending Services in EUR or in GBP issued by a
User to the bank account of a Beneficiary that is a natural or legal person, in
the SEPA zone.
Users may
use SEPA or GBP Transfers to withdraw money from their Account and transfer it to
their own bank account held on the books of another financial institution.
a. SEPA Transfers
This is the
transfer mode that is used when the currency of the source Account is in euros
(EUR). The sending of Electronic Money to a Beneficiary’s account also takes
place in euros.
To identify
the Beneficiary (or themselves if withdrawing money from their Account to their
personal bank account), Users who issue a SEPA Transfer must state the account
holder’s name, the BIC/SWIFT code of the Beneficiary’s bank and the IBAN code
of the Beneficiary’s account.
Then, the
Users must key in the amount to be sent, and the purpose of the transfer.
SEPA
Transfers may be subject to fees as set out in the “Fees and Limitations”
Appendix.
b. GBP Transfers
This is the
transfer mode that is used when the currency of the source Account is in pounds
Sterling (GBP). The sending of Electronic Money to a Beneficiary’s account also
takes place in pounds Sterling.
To identify
the Beneficiary (or themselves if withdrawing money from their Account to their
personal bank account), Users who issue a GBP Transfer must state the account
holder’s name, the sort code of the Beneficiary’s bank and the number of the
Beneficiary’s GBP account.
Then, the
Users must key in the amount to be sent, and the purpose of the transfer.
GBP
Transfers are subject to fees as set out in the “Fees and Limitations” Appendix.
2.7.2. The Pocket to Pocket Service
This is a
service for sending Electronic Money between MyPocket Users.
Both the Users
who send Electronic Money and the Beneficiaries of the transfers must be MyPocket
Users and must be fully approved by Fair-eZone. The Beneficiaries must moreover
be natural persons.
To identify
a Beneficiary among the list of existing MyPocket Users, Users who issue a Pocket
to Pocket transfer must state the telephone no. or e-mail address of the
Beneficiary involved. Should the Beneficiary not yet be listed as a MyPocket
User, the issuing User may ask the Beneficiary to register for MyPocket (see Article
2.8).
Then, the
Users must key in the amount to be sent, and the purpose of the transfer.
Pocket to
Pocket Transfers are subject to fees charged to the Users who issue such
transfers, depending on the subscription formula that they shall have taken
out, as set out in the “Fees and Limitations” Appendix.
2.7.3. The Pocket to World Service
This is a
service for sending Electronic Money between a MyPocket User and a Beneficiary who
is not a MyPocket User and is located outside the SEPA zone.
a. Identifying the Beneficiary
To identify
the Beneficiary, Users who issue a Pocket to World transfer must input the
contact details of the Beneficiary, comprising at the very least the Beneficiary’s
first name, family name and title.
b. Sending the money
To send money via Pocket to World
transfer, the Users must then:
1. Select a delivery mode and key in the additional
information needed for the provision of the money to the Beneficiary as requested
by the Mobile Application depending on the delivery method sought.
2. State the amount to be transferred
ð The equivalent amount of money delivered
in the currency of the Beneficiary’s country shall then be disclosed to the
User, as shall the exchange rate applied and the fees charged for the transfer.
3.
Input the purpose of the transfer
All the
information regarding the Beneficiary and the details of the transfer may be analysed
for the purpose of the prevention of fraud and money laundering.
c. Delivery of the funds
Once the request for a Pocket to
World transfer has been confirmed by the issuing User, the Beneficiary shall be
kept informed about the availability of the funds and the way in which they are
to be delivered.
In case of
theft, loss or error in keying in the information, the User and/or the
Beneficiary should immediately inform Fair-eZone in order for the latter to
block the Transfer.
d. Sending fees and costs
The fees
and costs charged for the use of the Pocket to World Service shall be
calculated based on the Beneficiary (country, currency) and the delivery mode chosen.
The sum total of the Fees shall be displayed prior to the final confirmation of
the transfer by the User.
2.8. Sponsorship scheme
MyPocket operates
a sponsorship scheme under which existing Users (the “Sponsors”) may invite one
or more persons who are not yet Users (the “Sponsored”). The principle of the sponsorship
arrangement is to offer the Sponsor and Sponsored promotional benefits as part
of their use of the MyPocket Services.
The details
of the benefits offered shall be defined prior to the launch of a sponsorship
campaign published on the Site and disclosed to existing Users.
2.9. Account statements
Users may
view their account statements in PDF format directly within the Mobile
Application and have them sent to them by e-mail if they wish.
2.10. Limitations of the Services
Limitations
may be imposed on the Users’ Transactions depending on the subscription formula
that is chosen and the ways in which the Users use their Accounts. MyPocket
Cards are issued in accordance with all applicable regulations and limitations.
The limitations that apply to the use of the MyPocket Cards are set out in the “Fees
and Limitations” Appendix and on the Web Site. For the purpose of the prevention
of fraud and money laundering, Fair-eZone shall be entitled to modify certain payment
restrictions (including those that are published or mentioned here) without
notice, to the extent that is required to comply with its regulatory obligations.
2.11. Security and confidentiality
Fair-eZone undertakes
to protect its services in keeping with the applicable rules and regulations and
the highest standards of the profession. For instance, Fair-eZone shall do
everything in its power to ensure the security and the confidentiality of the Users’
data, in accordance with the prevailing rules and regulations.
Fair-eZone shall
be entitled to temporarily suspend access to the Site or to the Services for
technical reasons, or for reasons of security or maintenance, without these suspensions
giving rise to any compensation. Fair-eZone undertakes to limit these
interruptions to what is strictly necessary.
The Users are
fully aware of the risks linked to the loss or theft of their Identifiers, the piracy
of their equipment or any other fraudulent activities that might enable an
unauthorised use of their Account. Fair-eZone therefore disclaims liability
towards the Users for any errors, omissions, interruptions or delays of transactions
performed via the Site or via the Mobile Application as a result of an unauthorised
access. Neither may Fair-eZone be held liable for the theft, destruction or unauthorised
disclosure of data resulting from an unauthorised access to the Site or the
Mobile Application.
Article 3 – Protection of the funds
The funds corresponding
to the Users’ Available Balance are kept separate from the funds belonging to Fair-eZone
and PFS, in an account opened with a bank, and are segregated by the latter in
accordance with the applicable regulations (“Electronic Money Regulations 2011”).
Should Fair-eZone and/or PFS become insolvent, these funds would be protected from
the claims of their creditors.
Article 4 – Right to withdraw
The Users shall
have a timescale of 14 (fourteen) days to exercise their right to withdraw, in
keeping with the terms that are set out in the PFS T&Cs, bearing in mind
that this timescale shall begin to run on the date of the creation of the User’s
Account. Should a User opt to withdraw, their Available Balance shall be
returned to them and any costs incurred by the User in subscribing to a
fee-paying subscription formula shall be refunded, minus any costs that the
User shall have incurred come the effective date of the withdrawal.
Article 5 – Liability
Fair-eZone shall
only be liable to the Users for any direct tangible and foreseeable damage linked
to the provision of the Site and the Mobile Application, in accordance with the
standard rules of law.
The Users acknowledge that
Fair-eZone shall not be liable in any way in case of:
–
Losses
or damage resulting from the Users’ non-compliance with these T&Cs or the PFS
T&Cs,
–
Inaccuracy
of the identification data of the Users or of the Beneficiaries as disclosed to
Fair-eZone by the Users,
–
Losses
or damage resulting from the acts of a User and/or of a third party and/or from
force majeure,
–
Losses
or damage resulting from any other event beyond Fair-eZone’s control,
–
Any
unilateral rescission of the Services by Fair-eZone.
Fair-eZone shall
not be involved in any way in the legal and/or commercial relationships and the
disputes between the Beneficiary and the User. Fair-eZone shall be a third
party to the legal ties that exist between the User and the Beneficiary of the Pocket
to World Services, and Fair-eZone hereby disclaims liability for any malicious,
unlawful or negligent acts committed by the Users or any Beneficiary against
one another.
The Users
are reminded that access to the Site and to the Services shall be conditional upon
their providing to Fair-eZone identification data about them that is accurate
and up-to-date. In case of a false declaration, the Users hereby acknowledge
that they run the risk of a unilateral rescission of these T&Cs by Fair-eZone,
notwithstanding the civil remedies or criminal punishments that they may face as
a result.
Article 6 – Intellectual property
All the
elements of the Site and the Mobile Application belong to Fair-eZone or are operated
under license by Fair-eZone.
Fair-eZone and
its partners respectively own all the rights, such as all the intellectual
property rights, over all the elements that they provide to the Users as part
of the Site and the Services.
The Users are
hereby informed that any full or partial showing or reproduction of the Site by
any process without the express authorisation of Fair-eZone is strictly
prohibited. Only the temporary reproduction and showing of the Site for private
and personal use, to the extent of the strict requirements of the Services or
of browsing the Site, shall be permitted.
“MyPocket” is a registered trademark of Fair-eZone.
“Mastercard” is a registered trademark of Mastercard
International Incorporated.
Article 7 – Personal data
“Personal
data” shall mean any information concerning a User that is obtained directly
via the Site, the Mobile Application or through PFS, including identification
information and personal financial data concerning the Transactions.
Fair-eZone,
in its capacity as data controller, may gather and process the Users’ personal
data for the purposes of providing the Services.
In accordance
with France’s data protection law no. 78-17 of 6 January 1978, as modified
subsequently, and the European GDPR Regulation no. 2016/679/EU of 27 April
2016, the Users have the following rights over their personal data, in keeping
with the terms laid down by the applicable regulations: a right to access the
data, a right to rectify the data, a right to oppose the processing of the data,
a right to request the erasure of the data, a right to limit the processing of
the data and a right to request the portability of the data.
The Users may exercise their rights
at any point in time by sending:
–
Either
an e-mail to the following address: legal@fair-ezone.com,
–
Or
a letter by registered post with acknowledgement of receipt to the following
address:
Fair-eZone, 20bis, rue Louis-Philippe, 92200 Neuilly-sur-Seine, France.
Additional
information about the processing of personal data as part of these T&Cs and
about the Users’ rights is available in the privacy policy of Fair-eZone (accessible
on the Site).
Article 8 – Prevention of money laundering and
the financing of terrorism
In the
course of providing its Services, Fair-eZone has a duty of vigilance for the
purpose of the prevention of money laundering and the financing of terrorism.
Fair-eZone may therefore have to ask the Users for additional information, at
any point in time, in the course of the provision of the Services.
No claims and
no civil liability lawsuit may be brought against Fair-eZone, its senior
officers or its servants or agents for filing the declarations stipulated by
the regulations in good faith with the relevant Authorities.
The Users are
hereby informed that any Transaction performed under these T&Cs may be
disclosed to the competent Financial Information Unit. The Users may, in
accordance with the applicable regulations, request access to all the
information that is thus disclosed, provided that this right of access does not
jeopardise the aim of combating money laundering and the financing of terrorism
where the data involved concerns the requesting party.
Article 9 – Force majeure
The Parties
shall not be held liable, or deemed to have violated these T&Cs, in case of
a delay or non-performance of their obligations, if the cause is due to circumstances
of force majeure as defined by the case law of the French courts.
Article
10 – Duration,
suspension, closing of the Account and rescission
The
contract framed by these T&Cs is hereby formed for an open-ended term.
10.1. Closing of the Account
10.1.1. At the Users’ initiative
Any Users wishing to close their
account before they have been fully approved pursuant to the Customer Due
Diligence should contact Customer Service by sending an e-mail to support@mypocket.io
or telephoning +33 1 86 26 93 35.
Any Users who have been fully approved
but have not yet taken out a subscription or paid any money into their account
should also contact Customer Service.
In both these cases, the Users shall
be dispensed from paying any account closure fees.
After that, Users may request the
closure of their Account directly within the Mobile Application. Their Account shall
be closed within 30 days following their request. The Available Balance shall
be sent to their personal bank account, after deduction of the Account closure fees
as set out in the “Fees and Limitations” Appendix.
The Users shall not be entitled to
the reimbursement of any subscription costs that they may already have used up.
10.1.2. At Fair-eZone’s initiative
Fair-eZone shall be entitled to
suspend or to rescind the Payment Services in keeping with the terms that are
set out in these T&Cs. A rescission at the initiative of Fair-eZone or PFS shall
not give rise to any right to compensation.
In the
event of serious breaches, fraud, or payment defaults on the part of the Users,
Fair-eZone shall be entitled to suspend or to rescind these T&Cs without
notice. The rescission of these T&Cs shall lead to the rescission of the PFS
T&Cs (and vice-versa) and therefore to the closure of the Account.
If the
Available balance of a User Account is null or below the fee due for inactive
accounts mentioned in the “Fees and Limitations” Appendix, Fair-eZone may
suspend or rescind the Account of said User without notice.
Article 11 – Miscellaneous provisions
11.1. Modification of the Services and of
the T&Cs
The Users
expressly acknowledge and accept the fact that Fair-eZone may have to modify
the Services and these T&Cs unilaterally. The Users shall be informed about
any such modification by any means chosen by Fair-eZone. The Users may reject these
modifications by opting to stop using the Services and/or by closing their
Account in keeping with Article 10 –.
11.2. Severability
Should any
of the provisions of these T&Cs be deemed to be null and void, it shall be
deemed to have been struck out and this shall not lead to the annulment of the other
provisions.
Should one
or more provisions of these T&Cs become null and void or be declared as
such in application of a law, or a regulation or pursuant to a final ruling of a
court or authority that has jurisdiction, the other provisions shall continue
to be fully binding upon the Parties. The provisions that are declared null and
void shall then be replaced by provisions that are as close as possible to the
essence and purpose of the provisions initially agreed upon by the Parties.
11.3. Lack of waiver
Should
either Party fail to avail itself of any violation of these T&Cs, this
shall not be tantamount to a waiver of the right to avail themselves of any
other subsequent identical or different violation. Should any of the provisions
of these T&Cs be declared null and void by the application of a law, a
regulation or pursuant to a final ruling by a court or authority that has
jurisdiction, it shall be struck out and the other provisions shall retain
their scope and ambit, unless the law provides otherwise.
11.4. Assignment of the contract
The Users acknowledge
and agree that Fair-eZone may freely transfer, vest or assign its rights and
obligations arising from these T&Cs in any form whatsoever to any third
party of its choosing. The Users shall be informed about this assignment. Should
any Users be opposed to this assignment, they should stop using the Services. The
Users may not under any circumstance transfer or assign their rights and
obligations under these T&Cs to a third party whether free of charge or in
return for consideration, in any form whatsoever, without first securing the
express consent of Fair-eZone.
11.5. Agreement over what constitutes
valid evidence
The Users hereby
acknowledge the validity and the evidential value of the electronic messages sent
by Fair-eZone, the digitised documents exchanged as part of the Services, and
any electronic records kept by Fair-eZone or its partners as part of the
Services. This contract is neither designed to nor shall result in limiting any
other form of evidence at the Parties’ disposal.
11.6. Claims
Should the Users or any Beneficiary have
any complaints or wish to make any claims, they should contact MyPocket
Customer Service:
–
by
e-mail: support@mypocket.io
–
by
telephone: +33 1 86 26 93 35
Article 12 – Applicable law and settlement of
disputes
These
T&Cs are governed by French law; any dispute between the Parties in
connection with these T&Cs shall be brought before the French courts that
have jurisdiction.
Appendix – Definitions
Mobile Application: shall mean the MyPocket mobile application
that is downloadable free of charge from the App Store or from Google Play and
that enables the Users to access the Payment Services.
Electronic Money: shall mean a monetary asset registered in the Users’
Accounts upon receipt of funds in their name, and equal to the amount of funds received.
Beneficiary: shall mean a natural or legal person acting on
its own behalf, designated by a User and to whom Electronic Money is
transferred as part of an Electronic Money transfer Transaction.
T&Cs: shall mean these General Terms of Use, which
form a contract between the Users and
Fair-eZone concerning the use of the Site, of the Mobile Application and of the
Services, completed by the PFS T&Cs and any other document expressly
mentioned in the latter.
Card or MyPocket Card: shall mean a prepaid Mastercard debit
card distributed by Fair-eZone, issued by Prepaid Financial Services and linked
to the Users’ Accounts. This Card may be used to spend the Users’ Available
Balance wherever Mastercard cards are accepted.
Account: shall mean a User’s secure personal space, to
which only they have access using their Identifiers and in which they may input
their personal data. Once a User is fully approved by
Fair-eZone, this Account is associated to a data account opened in the books of
Prepaid Financial Services, which records the Available Balance, the Transaction
data as well as other transactions.
PFS T&Cs:
shall mean the Terms and Conditions of the MyPocket
Mastercard® prepaid cards
solution and the related Payment Services provided by Prepaid
Financial Services (PFS).
By accepting these T&Cs, the Users undertake to adhere to the PFS T&Cs
and to have a direct contractual relationship with PFS that governs the use of
the Payment Services provided via the Site or the Mobile Application for the
purposes of the Transactions. In the PFS T&Cs, the manager of the MyPocket
Programme refers to Fair-eZone; “Customer” refers to the User using the Payment
Services; “Transfer” refers to the Pocket to Bank Service; “Beneficiary” refers
to the person to whom the Electronic Money is transferred. The PFS T&Cs are
available here: https://www.mypocket.io/en/pfs-terms-conditions
European
Economic Area or EEA: the European Union (“EU”) member states, as
well as Iceland, Liechtenstein and Norway.
IBAN: shall mean the international bank account
number that can be used to identify bank accounts for international payments.
Identifiers: shall mean the personal and confidential identifiers
comprising a User’s valid e-mail address and a password and/or a security code.
Transactions: shall mean Direct Debits, Withdrawals from an
ATM, Payments or transfers of Electronic Money via one of the Money Sending
Services.
Payment: shall mean any payment for goods or services using
the MyPocket Card.
Direct Debit: shall mean an automated payment system implemented
between a User who holds a GBP account and Fair-eZone, through PFS, enabling
payments to be made to establishments under a direct debit mandate granted by the
User to the establishment that states the frequency and the amount of each payment.
Prepaid
Financial Services or
PFS: shall mean Prepaid Financial Services Limited, the issuer of
the MyPocket Card and the provider of the Payment Services of Fair-eZone. PFS is
registered in England and Wales under no. 6337638. Its registered address is 5th
Floor, Langham House, 302-308 Regent Street, London, W1B 3AT, England.
Pocket to Bank Service: shall mean a service whereby Users
issue instructions to send Electronic Money from one Account to a bank account
via a SEPA transfer or a GBP transfer.
Pocket to Pocket Service: shall mean a service whereby Users issue
instructions to send Electronic Money from one Account to another.
Pocket to World Service: shall mean a service whereby
Users issue instructions to send Electronic Money in a currency other than the Euro
or pounds Sterling to a Beneficiary or another payment services provider acting
on behalf of the Beneficiary and/or via which the Electronic Money is received on
behalf of the Beneficiary and made available to the latter.
Services: shall mean the set of services developed and provided
by Fair-eZone: the Web Site, the MyPocket Mobile Application providing access
to the Payment Services under the terms of these T&Cs and in particular Article 2 – The Services, above.
Payment Services: shall mean the set of services distributed to the
Users by Fair-eZone in its capacity as EMD agent of PFS: Card issuing, Account
and IBAN keeping, Transactions execution.
Money Sending Services: shall mean the set of services designed
for sending Electronic Money developed and provided by Fair-eZone via the MyPocket
Mobile Application under the terms of these T&Cs, and in particular article
2.7. The Money Sending Services, above.
Available Balance: shall mean the amount of Electronic Money that
is available to the User and that the User has not spent or redeemed.
Site: shall mean the web site that Users may access
at the following URL www.mypocket.io,
presenting the Services and enabling the Users to download the Mobile
Application.
Applicable Exchange
Rate: shall mean
the exchange rate available on the Web Site of PFS at https://prepaidfinancialservices.com/en/exchange-rates.
User: shall mean any natural person who is aged over
18, resides in one of the countries of the European Economic Area (EEA) and has
full legal capacity, who uses the MyPocket Mobile Application and/or subscribes
to the Services.
Customer Due Diligence: shall mean the process that Fair-eZone
must follow to check the identity of its Users.
SEPA Transfer: shall mean a service whereby the Users issue instructions
to transfer Euros to a bank account located in the single Euro payments area (SEPA), with an indication of the IBAN of
the recipient of the funds.
GBP Transfer: shall mean a service whereby the Users issue instructions
to transfer pounds Sterling from a GBP bank account to another GBP bank account,
by keying in the full account details of the recipient of the funds.
Appendix – Fees and Limitations
Fees charged in euros when
the default currency is the euro (EUR):
Subscription and
activation Fee |
Fee |
Min |
Max |
Annual Subscription |
between €0 and €20 |
NA |
NA |
Monthly Subscription |
between €0 and €2.50 |
NA |
NA |
Special secured postage |
€9.00 |
NA |
NA |
Loading fees |
Fee |
Min |
Max |
Loading with an
external Credit Card |
Free or 1% of the loaded amount according to the chosen subscription and
the loaded amount in current month |
€0.20 |
NA |
Loading with an
external Debit Card |
€0.20 |
NA |
|
Loading by French
MyPocket vouchers |
2% of the voucher value |
NA |
NA |
Loading by cash at UK
Payzone |
€3.00 |
NA |
NA |
Loading by cash at UK
Post offices |
€3.00 |
NA |
NA |
SMS Transaction fees |
Fee |
Min |
Max |
SMS Balance Check |
€0.50 |
NA |
NA |
SMS Card to Card
Transfer |
€1.00 |
NA |
NA |
SMS Block |
€1.00 |
NA |
NA |
SMS Unblock |
€1.00 |
NA |
NA |
SMS PIN request |
€1.00 |
NA |
NA |
Administrative
transaction fees |
Fee |
Min |
Max |
Lost & Stolen
Replacement Card |
€10.00 |
NA |
NA |
Late redemption fee |
€15.00 |
NA |
NA |
Customer Service Call: |
|||
–
Account closure
fee/Card cash out on Customer request |
€7.00 |
NA |
NA |
–
Chargeback
processing fee (Case to case – basis) |
€15.00 |
NA |
NA |
–
Balance check,
Card lock, Card unlock via Customer Service |
€1.50 |
NA |
NA |
Customer Service Call fees
for international transfers excl. EUR/EUR, GBP/GBP and Pocket to World
transfers: |
|||
–
Changing
conversion date fee |
€20.00 |
NA |
NA |
–
SWIFT proof of
payment fee |
€20.00 |
NA |
NA |
–
Trade
cancellation fee |
€20.00 |
NA |
NA |
ATM usage fees |
Fee |
Min |
Max |
ATM withdrawal SEPA
zone |
Free
or €1.00 according to |
NA |
NA |
ATM withdrawal out of
SEPA zone |
2.00% |
€3.00 |
NA |
ATM Balance Inquiry |
€0.50 |
NA |
NA |
ATM PIN change |
€0.50 |
NA |
NA |
ATM withdrawal decline
Fee |
€0.10 |
NA |
NA |
POS transaction fees |
Fee |
Min |
Max |
POS domestic (SEPA
zone) |
€0.00 |
NA |
NA |
POS out of domestic
zone (out of SEPA zone) |
0.65% + €0.60 |
NA |
NA |
Payment Decline fee
(same as ATM Decline fee) |
€0.10 |
NA |
NA |
Pocket to Pocket transfer
fees – Transfers between MyPocket members |
Fee |
Min |
Max |
Transferring money via
card to card transfer (Sender’s side) |
Free
or €0.30 according to |
NA |
NA |
Outgoing bank transfer
fees |
Fee |
Min |
Max |
Outgoing SEPA bank
transfer EUR to external EUR bank account or GBP to external GBP bank account |
Free
or €1 according to the |
NA |
NA |
Intenational outgoing transfer fee (excluding EUR/EUR, GBP/GBP
and Pocket to World transfers) – Normal priority |
Transfer
fees depending on the country of destination. Specified in the app at the
time of transfer order validation. |
||
Intenational outgoing transfer fee (excluding EUR/EUR, GBP/GBP
and Pocket to World transfers) – High priority (SWIFT) |
|||
IVR fees |
Fee |
Min |
Max |
Initial PIN Enquiry |
€0.00 |
NA |
NA |
Subsequent PIN Enquiry |
€1.00 |
NA |
NA |
IVR Balance Check |
€1.00 |
NA |
NA |
IVR Card Lock |
€1.00 |
NA |
NA |
Direct Debit
transaction fees |
Fee |
Min |
Max |
Direct debit of GBP
account |
€1.00 |
NA |
NA |
Direct debit decline
fee of GBP account |
€5.00 |
NA |
NA |
Other fees |
Fee |
Min |
Max |
SMS PIN Retrieval Fee
requested via MyPocket app |
€1.00 |
NA |
NA |
Monthly Inactivity fee
(in addition to the subscription fee) |
€2.50 / month if less than 6 transactions |
NA |
NA |
FX markup fee |
2% |
NA |
NA |
FX markup fee on
currency exchange and international outgoing SWIFT payment |
1.5% |
NA |
NA |
Other services |
Fee |
Min |
Max |
Outgoing International
money transfer via Pocket to World (remittance fee) |
Remittance
fees will apply |
Fees charged in pounds
Sterling when the default currency is pounds Sterling (GBP):
Subscription and
activation Fee |
Fee |
Min |
Max |
|
Annual Subscription |
between £0 and £20 |
NA |
NA |
|
Monthly Subscription |
between £0 and £2.50 |
NA |
NA |
|
Special secured postage |
£9.00 |
NA |
NA |
|
Loading fees |
Fee |
Min |
Max |
|
Loading with an
external Credit Card |
Free or 1% of the loaded amount according to the chosen subscription and
the loaded amount in current month |
£0.20 |
NA |
|
Loading with an
external Debit Card |
£0.20 |
NA |
||
Loading by French
MyPocket vouchers |
2% of the voucher value |
NA |
NA |
|
Loading by cash at UK
Payzone |
£3.00 |
NA |
NA |
|
Loading by cash at UK
Post offices |
£3.00 |
NA |
NA |
|
SMS Transaction fees |
Fee |
Min |
Max |
|
SMS Balance Check |
£0.50 |
NA |
NA |
|
SMS Card to Card
Transfer |
£1.00 |
NA |
NA |
|
SMS Block |
£1.00 |
NA |
NA |
|
SMS Unblock |
£1.00 |
NA |
NA |
|
SMS PIN request |
£1.00 |
NA |
NA |
|
Administrative
transaction fees |
Fee |
Min |
Max |
|
Lost & Stolen
Replacement Card |
£10.00 |
NA |
NA |
|
Late redemption fee |
£15.00 |
NA |
NA |
|
Customer Service Call: |
||||
–
Account closure
fee/Card cash out on Customer request |
£7.00 |
NA |
NA |
|
–
Chargeback processing
fee (Case to case basis) |
£15.00 |
NA |
NA |
|
–
Balance check,
Card lock, Card unlock via Customer Service |
£1.50 |
NA |
NA |
|
Customer Service Call fees
for international transfers excl. EUR/EUR, GBP/GBP and Pocket to World
transfers: |
||||
–
Changing
conversion date fee |
£18.00 |
NA |
NA |
|
–
SWIFT proof of
payment fee |
£18.00 |
NA |
NA |
|
–
Trade
cancellation fee |
£18.00 |
NA |
NA |
|
ATM usage fees |
Fee |
Min |
Max |
|
ATM withdrawal SEPA
zone |
Free
or £1.00 according to |
NA |
NA |
|
ATM withdrawal out of
SEPA zone |
2.00% |
£3.00 |
NA |
|
ATM Balance Inquiry |
£0.50 |
NA |
NA |
|
ATM PIN change |
£0.50 |
NA |
NA |
|
ATM withdrawal decline
Fee |
£0.10 |
NA |
NA |
|
POS transaction fees |
Fee |
Min |
Max |
|
POS domestic (SEPA
zone) |
£0.00 |
NA |
NA |
|
POS out of domestic
zone (out of SEPA zone) |
0.65% + £0.60 |
NA |
NA |
|
Payment Decline fee
(same as ATM Decline fee) |
£0.10 |
NA |
NA |
|
Pocket to Pocket
transfer fees – Transfers between MyPocket members |
Fee |
Min |
Max |
|
Transferring money via
card to card transfer (Sender’s side) |
Free
or £0.30 according |
NA |
NA |
|
Outgoing bank transfer
fees |
Fee |
Min |
Max |
|
Outgoing SEPA bank
transfer EUR to external EUR bank account or GBP to external GBP bank account |
Free
or £1 according to the |
NA |
NA |
|
Intenational outgoing transfer fee (excluding EUR/EUR, GBP/GBP
and Pocket to World transfers) – Normal priority |
Transfer
fees depending on the country of destination. Specified in the app at the
time of transfer order validation. |
|||
Intenational outgoing transfer fee (excluding EUR/EUR, GBP/GBP
and Pocket to World transfers) – High priority (SWIFT) |
||||
IVR fees |
Fee |
Min |
Max |
|
Initial PIN Enquiry |
£0.00 |
NA |
NA |
|
Subsequent PIN Enquiry |
£1.00 |
NA |
NA |
|
IVR Balance Check |
£1.00 |
NA |
NA |
|
IVR Card Lock |
£1.00 |
NA |
NA |
|
Direct Debit
transaction fees |
Fee |
Min |
Max |
|
Direct debit of GBP
account |
£1.00 |
NA |
NA |
|
Direct debit decline
fee of GBP account |
£5.00 |
NA |
NA |
|
Other fees |
Fee |
Min |
Max |
|
SMS PIN Retrieval Fee
requested via MyPocket app |
£1.00 |
NA |
NA |
|
Monthly Inactivity fee
(in addition to the subscription fee) |
£2.50 / month if less than 6 transactions |
NA |
NA |
|
FX markup fee |
2% |
NA |
NA |
|
FX markup fee on
currency exchange and international outgoing SWIFT payment |
1.5% |
NA |
NA |
|
Other services |
Fee |
Min |
Max |
|
Outgoing International
money transfer via Pocket to World (remittance fee) |
Remittance
fees will apply |
|||
Spending limits when
the default currency is the euro (EUR):
Spending limits when
the default currency is pounds Sterling (GBP):
|
GBP default currency |
|||
Chosen subscription |
Free |
Premium |
||
Type |
Frequency |
Max Times |
|
|
ATM cash limit |
Daily |
5 |
£90 |
£180 |
ATM cash limit |
Monthly |
– |
£450 |
£865 |
Payment limit |
Daily |
20 |
£1,400 |
£2,600 |
Payment limit |
Monthly |
– |
£1,400 |
£2,600 |
ATM per withdrawal limit |
£90 |
£180 |
||
Payment or SEPA limit per transaction |
£1,400 |
£2,600 |
Loading limits when the default currency is the euro
(EUR):
Loading limits when the default currency is pounds
Sterling (GBP):
|
GBP default currency |
|
Chosen subscription |
Free |
Premium |
Type |
|
|
Minimum initial
load |
£10 |
£10 |
Maximum initial
load |
£1,400 |
£2,600 |
Max No of loads
per day |
20 |
20 |
Max
No of loads by card per day |
3 |
3 |
Minimum reload amount |
£0.01 |
£0.01 |
Maximum reload amount |
£1,400 |
£2,600 |
Maximum
load via MyPocket vouchers per month |
€1 000 |
€1 000 |
Maximum load amount per day |
£2,800 |
£7,800 |
Maximum
load amount by card per day |
£2 500 |
£2 500 |
Maximum
load amount per month |
£2,800 |
£8,600 |
Maximum cumulative
yearly load |
£33,600 |
£105,000 |
Maximum card
balance |
£2,800 |
£8,600 |