Account login

Terms & Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BAFOR USING YOUR CARD. THIS INFORMATION FORMS THE AGREEMENT FOR YOUR GIFT CARD. BY USING YOUR CARD YOU ACCEPT THIS AGREEMENT. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND, PLEASE CONTACT CUSTOMER SERVICES USING THE CONTACT DETAILS IN PARAGRAPH 17 OF THIS AGREEMENT. IF YOU ARE UNDER 18, WE RECOMMEND THAT YOU SPEAK TO YOUR PARENT OR GUARDIAN BEFORE USING YOUR CARD.

1. DEFINITIONS


Account - The electronic Account associated with your Card.
Agreement - This Cardholder Agreement as varied from time to time.
ATM - Automated Teller Machine.
Available Balance - The value of funds loaded onto your Card and available for use.
Business Days - The days of Monday to Friday between the hours of 9am-3pm but does not include bank holidays, or public holidays in the United Kingdom.
Card - The MasterCard Gift Card.
Cardholder - You, the person entering into this Agreement with us.
Customer Services - The contact centre for dealing with queries about your Card. Contact details for Customer Services can be found in paragraph 17. Your network provider may charge a fee for calling Customer Services.
EEA - The European Economic Area which currently includes all countries in the European Union together with Iceland, Norway and Liechtenstein.
MasterCard Acceptance Mark - The MasterCard International Incorporated Brand Mark, indicating acceptance of the Card.
MasterCard - MasterCard International Incorporated whose head office is at 2000 Purchase Street, Purchase, New York, 10577 USA.
Merchant - A retailer, or any other person, firm or corporation that accepts Cards which display the MasterCard Acceptance Mark.
My Account - The area on the Website that allows you to register for online access to your Account.
PIN - Your four digit personal identification number for use with the Card.
we, us or our - PrePay Technologies Limited, a company registered in England and Wales with number 04008083 who can be contacted at PO BOX 3883 Swindon SN3 9EA.
Website - www.my360giftcard.com
you, your - The Cardholder

2. SCOPE OF THIS AGREEMENT

2.1 Your Card is electronic money prepaid Card. This is not a credit, charge or debit card and no interest will accrue on the Available Balance on the Card.

2.2 Your Card is issued by Clydesdale Bank PLC pursuant to a licence from MasterCard International Incorporated. The Card is an electronic money product and the electronic money associated with it is provided by us and will be in Pounds Sterling. We are regulated by the Financial Conduct Authority for the issuance of electronic money (FRN 900010). We are a registered service provider of Clydesdale Bank PLC. MasterCard is a registered trademark of MasterCard International Incorporated. Your rights and obligations relating to the use of this Card are subject to this Agreement between you and us; you have no rights against Clydesdale Bank PLC, or MasterCard International Incorporated. If you experience any difficulties in using the Card you should contact Customer Services. The Card remains the property of Clydesdale Bank PLC.

2.3 This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of your Card or Account.

3. BUYING, ACTIVATING AND USING YOUR CARD

3.1 Your Card is activated with the amount loaded on it on the date it is purchased.

3.2 Your Card can be used to make purchases from any Merchant. You cannot withdraw cash at ATMs at Merchant with your Card.

3.3 The Card is not a credit card, charge card or debit card and no interest will accrue on the balance loaded on the Card.

3.4 Your Card cannot be reloaded once your balance reaches zero.

3.5 You may only purchase five Cards and not more than a total value of £250 at any one time. Please keep your receipt as proof of purchase.

3.6 Upon receiving your Card you must sign your name in ink on the back of your Card immediately. Your Card will then be ready for use. We strongly recommend that you register your Card and your details on the Website so that you can report the Gift Card if it is lost or stolen and have it blocked and so we can provide you with any changes we make to this Agreement. If you wish to use your Card for purchasing online, over the phone or by mail order you will need to register your details. In particular we recommend that you register a valid e-mail address as we will communicate with you by e-mail with respect to your Card and this Agreement.

3.7 Your Card can only be used up to the value of Available Balance on it. You will not receive a PIN number for your Card and as such will not be able to use your Card in some countries abroad where a PIN is required to authorise transactions.

3.8 You may authorise transactions by signature of your receipt in-store or for online, phone or e-mail orders by providing the Merchant with your Card number provided that you have registered on the Website. You may not usually stop a transaction after it has been authorised as at that point it is deemed to be received by us. You will be responsible for all transactions where you have provided authorisation regardless of the manner of authorisation.

3.9 When using the Card at some Merchants please keep in mind that the Merchant may require you to have an Available Balance greater than the value of the transaction you wish to make. You will only be charged for the actual and final value of the transaction you make. For example:
• Hotels and rental cars - As Merchants may not be able to accurately predict how much your final bill will be, they may usually request an authorisation for funds greater than your final bill.
• Restaurants - You will need to have an Available Balance equivalent to the total cost of the meal plus any service charge that could be added to your bill.
• Internet Merchants - Certain internet Merchant sites will, on registration or at checkout stage, send a request for payment authorisation to verify if funds are available; this will temporarily impact your balance. Also bear in mind that many sites won’t deduct payment until goods are dispatched so be aware of these variances when checking your balance and ensure that funds are always available to cover your purchases.
• Offline purchases – If a Merchant cannot authorise your transaction online the transaction will be declined. Examples include on-board purchases on ferries, trains and planes.

3.10 Your Card should not be used as a form of identification. We will decline any authorisation requests from Merchants using your Card for identification purposes.

3.11 Your Card cannot be used at self service petrol pumps. You can use your Card to pay by taking it to the cashier.

3.12 You can check your transaction history and Available Balance for free by visiting the Website subject to your Card being registered or by calling Customer Services.

4. CARD EXPIRY

4.1 Your Card will expire when the Available Balance of your Card is equal to £0, or 12 months after the date of purchase.

4.2 The Valid Thru date printed on the front of your Card is for security purposes only and does not affect your right to spend the Available Balance on your Card. In the unlikely event that your Card carries a Valid Thru date which is earlier than 12 months from the date of purchase of your Card, please contact Customer Services.

5. CANCELLATION OF YOUR CARD

5.1 The purchaser of the Card has 14 days from date of purchase (“cancellation period”) to cancel without incurring any penalty or charge. Only the purchaser of the Card has the right to cancel in these circumstances. On request we will cancel the Card and reimburse any remaining balance to the purchaser within 14 days of receiving the request. You must return the Card (cut in half through the magnetic strip) together with proof of purchase of the Card. Any refund made will be by cheque. There is no facility for cash refunds. Please note that the fee you paid to purchase the Card is non-refundable.

6. REDEMPTION OF YOUR CARD

6.1 You may redeem the value on the Card subject to the following terms:

For Cards purchased on or before 29 April 2011

For Cards purchased on or after 30 April 2011

You may redeem the value on the Card at any time (subject to a minimum value of £6.50) by contacting Customer Services in writing. A redemption charge of £4.95 will be deducted from your Available Balance to cover our costs in redeeming this value. Please note that you will be required to return your Card to us (cut in half through the magnetic strip) together with proof of purchase of the Card. We will redeem the value on your by issuing a cheque within 5 business days of our obtaining any verification as may be required.

You may redeem the value on the Card at any time by contacting Customer Services in writing. A redemption charge of £4.95 will be deducted from your Available Balance to cover our costs in redeeming this value at the following times;

(i) before the expiry date of your Card or replacement Card;

(ii) before you or we terminate this Agreement prior to the Card expiry date.

(iii) more than 12 months after (a) your Card or replacement Card expires, or (b) this Agreement is terminated (as applicable). You will be reminded of this fee before redemption.

You will be reminded of this fee before redemption. If your balance is £4.95 or less and you want to redeem in the circumstances listed above, the fee will equal your balance which will be reduced to zero.

You may redeem funds subject to the provisions described above as long as we believe you have not acted fraudulently; and we are not prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.

You will be required to return your Card to us (cut in half through the magnetic strip) together with proof of purchase of the Card. We will redeem the value on your Card by issuing a cheque no later than 5 Business Days from our obtaining any verification as may be required.

7. ASSIGNMENTS

7.1 The Card may only be used by the purchaser or any person to whom they transfer their rights (excluding cancellation rights which remain with the purchaser) under this Agreement. The purchaser or the person to whom the Card has been given must sign the Card and becomes subject to this Agreement. Once you sign the Card, it is for your use only and you are wholly responsible for the use of the Card according to this Agreement.

8. LOST OR STOLEN CARDS

8.1 The Card is like cash, should you lose the Card or it is stolen it is like losing cash unless you have registered the Card on the Website and contact Customer Services immediately.

8.2 You must register your Card when you receive it in order to be able to report it as lost or stolen. Please make a note of the 16 digit number on the front of your Card and keep this in a safe place. If you do not register your Card no refund of value on the Card will be possible in case it is lost or stolen.

8.3 If you lose your Card, you must log into your account on the Website where you can block the Card from further use and request a refund of the remaining value on the Card.

8.4 In the event that you notify us in accordance with this paragraph that your Card has been lost or stolen you will be liable for a maximum of £50 of any loss that takes place prior to you contacting Customer Services. You will be fully liable where you have not registered your Card, or you have failed to keep your Card safe.

8.5 We may contact you to verify your identity before making any refund. Such refund will be made by cheque. In accordance with paragraph 6, we may charge a redemption fee of £4.95, which we will deduct from your balance. In the event that we have reason to believe you have acted fraudulently or you have acted with gross negligence or intentionally in failing to notify us of the lost or stolen Card then you shall be liable for all losses.

9. FEES

9.1 Your Card is subject to fees as follows:
• Card purchase fee (non-refundable): £2.95 (for a £25 Card) or £3.95 (for a £50 Card).
• A foreign currency transaction fee of 3.5% will be charged for transactions made in any currency other than Pounds Sterling.
• For all transactions associated with gambling a 3% fee will be applied.
• Redemption fee £4.95 (if applicable).

9.2 We will deduct any relevant taxes or charges due from the Available Balance on your Card. If there is no Available Balance of funds on your Card, or taxes or charges exceed the Available Balance, we shall send an invoice to you and will require you to refund us within 14 days of the invoice. Should you not repay this amount within 14 days of receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

10. FOREIGN CURRENCY TRANSACTIONS

10.1 If you make a transaction in a currency other than Pounds Sterling (a “foreign currency transaction”) then the amount deducted from your Card will be converted to Pounds Sterling on the day we receive details of the foreign currency transaction. We will use a rate set by MasterCard®, which will be available on each Business Day and any changes in the exchange rate shall take effect immediately. Exchange rates can fluctuate and may change between the time of the transaction is made and the time it is deducted from your Available Balance. For transactions made within the EEA or in an EEA currency you can find out the MasterCard® exchange rate by emailing Customer Services. We will charge an additional foreign transaction fee for all foreign currency transactions (see paragraph 9).

11. DISPUTED TRANSACTIONS

11.1 If you have a reason to believe that a transaction for which your Card was used is unauthorised or has been posted to your Account in error, then at your request we will examine your Account and the circumstances of the transaction. We strongly recommend that you check your Account regularly as it is updated instantly and notify us as soon as possible by contacting Customer Services, but in any event within 13 months of the date of the relevant transaction. Any delay in notifying us makes it more difficult for us to obtain evidence as to whether the transaction was authorised and may therefore increase the time involved in investigating the transaction. If you dispute a transaction, the merchant must be able to prove that the transaction took place.

11.2 We will immediately refund the amount to your Account to the position it would have been in if the unauthorised transaction had not taken place. We will have no further liability to you. If we subsequently discover that you were not entitled to a refund, we shall treat the refund as a mistake and be entitled to reapply the transaction, including any interest and charges to your Account. In this event we will charge you a £10 administration fee.

11.3 If there are reasonable grounds for thinking that you may not be entitled to a refund (based on the evidence available to us at the time you report the unauthorised transaction), we may investigate before giving you a refund.

11.4 Where you have agreed that another person in the EEA can take a payment from your Account (e.g. if you have given your Card details to a retailer for the purpose of making a payment), you can ask us to refund a payment if all the following conditions are satisfied:

11.4.1 the authorisation you gave did not specify the exact amount to be paid;

11.4.2 the amount that has been charged to your Account was more than you could reasonably have expected to pay, based on the circumstances, including previous spending patterns; and

11.4.3 you make the refund request within eight weeks of the date when the payment was charged to your Account.

11.5 We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement and to report any fraudulent claims to the appropriate authorities.

12. VARIATION

12.1 We may change this Agreement, including fees and limits, at any time by providing you with at least two months prior notice by email (provided that you have supplied us with an up-to-date email address and you have registered your Card) and will ensure the most recent version is always available on the Website. If you have not registered your Card or you have not provided us with your up-to-date email address you will not receive any notification of changes we make to this Agreement.

12.2 You may terminate your Card any time within the two months’ notice period if you do not agree to the changes to the Agreement and subject to paragraph 6 you can redeem your Available Balance. However, in the event you do not cancel during this period then you will be deemed to have accepted them and the changes will apply to you.

13. CARDHOLDER LIABILITY AND AUTHORISATIONS

13.1 You must sign your Card as soon as you receive it and keep it safe.

13.2 You should register your Card online and make a note of the 16 digit number on the front of your Card and keep this in a safe place.

13.3 You will be liable for all unauthorised transactions that arise from the use of a lost or stolen Card or the misappropriation of the Card if you fail to:

13.3.1 keep the Card and/or security features of the Card safe,

13.3.2 register your Card, or

13.3.3 notify us that your Card is lost or stolen.

13.4 You will be liable for all transactions that take place as a result of you acting fraudulently or failing to comply with this Agreement with intent or gross negligence. Any such transactions and any fees and charges relating to such transactions will be deducted from the Available Balance on your Card.

14. OUR LIABILITY

14.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), and breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

14.1.1 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;

14.1.2 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;

14.1.3 in the unlikely event that sums are deducted from your Available Balance but you did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 11; and

14.1.4 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.

14.2 We will not be liable:

14.2.1 If, through no fault of ours, you do not have enough Available Balance on your Card to complete a transaction,

14.2.2 If a Merchant refuses to accept your Card,

14.2.3 If an electronic terminal where you are making a transaction does not operate properly,

14.2.4 If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of any transaction, despite reasonable precautions that we have taken.

15. TERMINATION OR SUSPENSION

15.1 We can terminate this Agreement at any time:

15.1.1 If we give you two months prior notice (provided you have registered your Card) and refund of the Available Balance on your Card to you; or

15.1.2 With immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your transactions due to the actions of third parties.

15.2 We may suspend your Card in any legal jurisdiction at any time with immediate effect (and until any default has been remedied or this Agreement) if:

15.2.1 we discover that any information that you have provided to us when registering your Card was incorrect;

15.2.2 a transaction has been declined because of a lack of Available Balance; or

15.2.3 you have breached this Agreement or we have reason to believe that you have used, or intent to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your transactions due to the actions of a third party.

15.3 In the event that we do suspend or cancel your Card then if we are able to do so we will tell you in advance otherwise we will let you know immediately afterwards. We may advise any party involved in the transaction if a suspension has taken place.

15.4 You can terminate this Agreement at any time by contacting Customer Services.

15.5 In the event that any additional fees are found to have been incurred on your Card following termination by either you or us, then subject to this Agreement, you shall refund to us any fees and/or charges validly applied whether before or after termination. We will send an invoice to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

16. COMPLAINTS

16.1 Complaints regarding any element of the service provided by us can be sent to us in writing, by email or by calling Customer Services.

16.2 All complaints will be subject to our complaints procedure. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted to you.

16.3 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (South Quay Plaza, 183 Marsh Wall, London E14 9SR; telephone 0845 0801 800). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.

17. CUSTOMER SERVICES

17.1 You can contact Customer Services by phoning 08454 701 601 between the hours of 8.00am and 7.00pm, Monday to Friday or 9.00am to 5.00pm on Saturday, or by email CustomerServices@my360giftcard.com, or by writing to: 360money Gift Card, PO Box 3883, Swindon SN3 9EA.

17.2 ONLY if Card is registered - a lost and stolen Card service is available 24 hours a day on the Customer Services phone number.

18. COMPENSATION

18.1 The Card is not covered by the Financial Services Compensation Scheme. No other compensation schemes exist to cover losses claimed in connection with the Card. We will however safeguard your funds in the unlikely event of our insolvency to protect them.

19. APPLICABLE LAW

19.1 These Conditions are governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.

MasterCard is a registered trademark of MasterCard International Incorporated