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
(as available on Site)

NA

NA

Monthly Subscription

between €0 and €2.50
(as available on Site)

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
(details on Site)

€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
 the chosen subscription and the number of withdrawals already made in current month (as available on Site)

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
(same as POS 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
the chosen subscription and the number of Pocket to Pocket already made in current month (as available on Site)

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
chosen subscription and the number of outgoing transfers made in current month (as available on site)

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
 in the last 60 consecutive days

NA

NA

FX markup fee
(for card payments in foreign currency)

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
(as available on Site)

NA

NA

Monthly Subscription

between £0 and £2.50
(as available on Site)

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
(details on Site)

£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
the chosen subscription and the number of withdrawals already made in current month (as available on Site)

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
(same as POS 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 the chosen subscription and the number of Pocket to Pocket already made in current month (as available on Site)

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
chosen subscription and the number of outgoing transfers made in current month (as available on site)

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
 in the last 60 consecutive days

NA

NA

FX markup fee
(for card payments in foreign currency)

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):

 

EUR

default currency

Chosen subscription

Free

Premium

Type

Frequency

Max Times

 

 

ATM cash limit

Daily

5

€100

€200

ATM cash limit

Monthly

€500

€1,000

Payment  limit

Daily

20

€1,500

€3,000

Payment  limit

Monthly

€1,500

€3,000

ATM per withdrawal limit

€100

€200

Payment or SEPA limit per transaction

€1,500

€3,000

 

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):

 

EUR

default currency

Chosen subscription

Free

Premium

Type

 

 

Minimum initial load

€10

€10

Maximum initial load

€1,500

€3,000

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

€1,500

€3,000

Maximum load via MyPocket vouchers per month

€1 000

€1 000

Maximum load amount per day

€3,000

€9,000

Maximum load amount by card per day

€2 500

€2 500

Maximum load amount per month

€3,000

€10,000

Maximum cumulative yearly load

€36,000

€120,000

Maximum card balance

€3,000

€10,000

 

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