POSH Pay Mastercard® Terms and Conditions

IMPORTANT INFORMATION: Please read this Agreement carefully before activating your Account. This Agreement becomes effective and binding on you upon your activation or use of your Card and for the entire period of validity of your Card.

 

1. Definitions & Interpretation:

Account

The electronic money account associated with your Card.

Additional

Card

Any additional Card which is issued to a person any time after the successful registration of an Account;

Agreement

These terms and conditions relating to the use of your Card(s) as amended from time to time.

App

The POSH Pay mobile phone application

Available Balance

The value of unspent funds available for your use.

Business Day

Monday to Friday, 9am to 5pm CET, excluding bank and public holidays in Gibraltar.

Card

Any debit Card issued to you in accordance with this Agreement.

Customer Services

The contact centre for dealing with queries about your Card and Account.  You can contact Customer Services by calling +44 8081641296 (your network provider may charge a fee for calling this number).

EEA

European Economic Area.

Expiry Date

The expiry date showing on your Card.

Fee

Any fee payable by you as referenced in the Fees & Limits Schedule.

Fees & Limits Schedule

The schedule contained in this Agreement.

KYC

Means “Know Your Customer” and constitutes our verification of your Personal Details.

Linked Debit Card

Merchant

An existing debit card that must be linked to your Account during activation of the Card in your Peterborough FC account.

A retailer or any other person that accepts e-money.

Online Account

The area in the App that allows you to access your Account and carry out Account-related functions.

Passcode

A security number created by You which allows you to access the App.

Personal

Data/Personal Details

The registered personal identity details relating to the use of your Card and Account including (but not limited to) your: name, date of birth, home address, email address and telephone (landline and/or mobile) number. Full details of the Personal Data which we process are set out in our Privacy Policy.

Physical Card

A physical/plastic Card that can be used to carry out Transactions.

PIN

Personal Identification Number; that is, the security number provided for use with your Physical Card.

Program Manager

QRails Inc. with registration number 81-3098212 and registered address 4600 S. Ulster Street, Suite 680, Denver, CO 80237, USA.

Scheme

Mastercard. Mastercard is a registered trademark of Mastercard International Incorporated.

Transaction

Using your Card to make (i) a payment, or a purchase of goods or services from a Merchant where payment is made (in whole or in part) by use of your Card including where payment is made over the internet, by phone or mail order or (ii) a cash withdrawal made from an ATM or bank using your Card.

Username and Password

A set of personal codes selected by you in order to register on the App.

we, us or our

 

 

 

 

 

Website

 

Transact Payments Limited (“TPL”) a company incorporated in Gibraltar with registered address 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA, company registration number 108217, and authorised by the Gibraltar Financial Services Commission as an electronic money institution or the Program Manager acting on its behalf.

 

Poshpay.theposh.com

 

you or your

You, the person who has entered into this Agreement with us by virtue of your use of the Card and/or Account.

 

2. Your Agreement, Card and Account

2.1 Your Card is issued by us pursuant to a licence from the Scheme and your rights and obligations relating to the use of the Card are subject to this Agreement.

2.2 You can download or print the latest version of this Agreement at any time from the Website and/or request a paper copy from Customer Services.

 

3. Issue and activation of your Card

3.1 To apply for, and use, a Card you must be at least 18 and a resident of the EEA.

3.2 Cards may be applied for by completing an application form on the Website, at the stadium or by purchasing a club season ticket or membership.

Your card is sent to you in an inactivated status. When you receive your Card, you must activate it before you can use it.  You may activate your Card by logging on at poshpay.theposh.com and selecting ‘Activate’. You will then be asked to enter your 16-digit card number (found at the front of the card) and date of birth. You will also need to agree to this Agreement by ticking the ‘I agree’ box. The Agreement can be reviewed by clicking the link on the ‘Activate’ page. Alternatively, you can call Card Services on +44 8081641296 to activate the Card.

 

3.3 Once you have successfully activated your Card on the Website, including having passed the KYC check, your Card will be activated and ready for use.  You can also view your PIN in ‘Show PIN’ on your ‘Card Account’ screen

3.4 You are permitted to have only one Account where your Available Balance is located.  If we discover that you do have more than one Account, we may block your Card and terminate this Agreement.

3.5 When you receive your Card, you must sign it immediately. 

3.6 Cards may be subject to one-off and/or monthly fees. Such fees are set out in the Fees & Limits Schedule which forms part of this Agreement.

 

4. Personal Details

4.1 When entering into Transactions over the internet, some websites may require, you to enter your Personal Details and, in such instances, you should supply the most recent Personal Details that you have provided us with.

4.2 You must notify us of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in your Account. You will be liable for any loss that directly results from any failure to notify us of a change in your Personal Details as a result of undue delay, your gross negligence or fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you as applicable.

4.3 We reserve the right at any time to satisfy ourselves as to your Personal Details (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Account, you authorise us to undertake electronic identity verification checks on you either directly or using relevant third parties.

 

5. Linking Your Card

5.1 In order to use your POSH Pay card you will need to link an existing debit card to your account. You can do this when you activate your card in your Peterborough FC account.

5.2 Your Linked Debit Card must be a debit card that has been issued by a regulated financial institution in the EEA and registered in the same name and address as your Card.

 

6. Using your Card

6.1 Your use of the Card is subject to the Fees detailed in the Fees & Limits Schedule, which shall be deducted from your Linked Debit Card as part of each transaction.

6.2 Unless we inform you otherwise, you can use the POSH Pay Card at any Merchant who accepts the Scheme to carry out Transactions.

6.3 If for any reason a Transaction is carried out, but its amount exceeds the Available Balance on your linked card, the transaction will decline. 

6.4 There are certain circumstances where a Merchant may require you to have an Available Balance greater than the value of the Transaction you wish to make, and you will only be charged for the actual and final value of the Transaction. Merchants may request this as they may need to access more funds than you initially planned to spend for example, when making hotel or rental car reservations. In the event that a Merchant has prior authorization on your Card, you will not have access to the relevant funds until the Transaction is completed or, if sooner, up to a period of 30 days. We will only block access to the exact amount of funds authorised by you.

6.5 Your Card cannot be used where such Merchants are unable to obtain online authorisation that you have sufficient Available Balance for the Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths). We accept no liability if a Merchant refuses to accept payment using the Card.

6.6 You must not use the Card for any illegal purposes.

6.7 You may be eligible for rewards (“Peterborough FC Cash Rewards”) as a result of your use of the Card. Such Peterborough FC Cash Rewards are not provided by TPL and are not governed by this Agreement. TPL accepts no liability for your use of the Peterborough FC Cash Rewards. For more information on Peterborough FC Cash Rewards, please refer to the Website.

 

7. Authorising Transactions

7.1 You will need to give your consent to each Transaction so that we can check it is genuine by, where applicable, a) using your PIN or other security code personal to you; b) signing a sales voucher; c) providing the Card details and/or providing any other details personal to you and/or your Card. Once you have given such consent to the Transaction, it will be deemed to be authorised.

7.2 The time of receipt of a Transaction order is when we receive it. If a Transaction order is received after 4pm on a Business Day, then it will be deemed to have been received on the next Business day.

7.3 Once a Transaction has been authorised by you and received by us, it cannot be revoked.

7.4 Where a Merchant’s payment service provider is located within the EEA and the payment services being carried out are in the currency of an EEA Member State, we shall ensure the cash transfer to the Merchant’s payment service provider within 4 Business Days following the day on which the Transaction order is received. 

7.5 Certain Merchants may not accept payments made through the Card and we accept no liability for this: it is your responsibility to check the restrictions of each Merchant.

7.6 Your ability to use or access the Card may occasionally be interrupted, for example if we need to carry out maintenance on our systems or websites. Please contact Customer Services to notify us of any problems you are experiencing using your Card or Account and we will try to resolve these as soon as possible.

 

8. Managing & Protecting Your Account and Card

8.1  Once you have successfully activated your card you can view your PIN in ‘Show PIN’ on your ‘Card Account’ screen. You will need this PIN to make purchases in store and to make cash withdrawals from an ATM or a bank.

8.2 You can access your PIN at any time by selecting the ‘Show PIN’ option on the ‘Card Details’ screen on the Website.

8.3 When registering on the Website, you will be prompted to create a Username and Password. You will need this Username and Password to access your Account and perform the following functions in relation to your Card online:

i. change your telephone number;

ii. check your Available Balance;

iii. load funds

iv. check your Transaction Details and Transaction history; and

v. change your Password and other Personal Details.

8.4 You must not give your Card to any other person or allow any other person to use it. 

8.5 You are responsible for your Account, Card, and PIN and any related security details and must take all possible measures to keep them safe and entirely confidential.  Such measures include (but are not limited to):

i. never writing your PIN on your Card or on anything you usually keep with your Card;

ii. never allowing anyone else access to the website once you have logged in;

iii. keeping your PIN secret at all times when using them; for example, by not using your PIN if anyone else is watching.

8.6 Failure to comply with condition 8.5 may affect your ability to claim any losses in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with undue delay or with gross negligence. In all other circumstances, your maximum liability shall be as set out below at condition 12.

8.7 If you believe that someone else knows your Account, PIN, or Card security details, you must notify us by contacting Customer Services immediately.

8.8 In the event that we suspect or believe that your Card may be subject to any fraud or security threats, we will notify you securely via telephone during which we will ask you to answer security questions.

8.9 Once your Card has expired or if it is found after you have reported it as lost or stolen you must destroy it by cutting it in two through the magnetic strip and chip.

 

9. Cancellation

9.1 You may cancel your Card free of charge before activating and using it, and up to 14 calendar days after the date of activation (the Cancellation Period) by writing to Customer Services.  This does not apply to replacement Cards where the cancellation period for the original Card has expired.

9.2 You may also terminate your Card at any time by contacting Customer Services and exercising your redemption rights under condition 10. 

9.3 Once your Card and Account have been cancelled, the Card will no longer work for transactions.  You will need to retain your Card for stadium access by using the barcode on the card back.

9.4 If your Peterborough FC Membership or Season Ticket is cancelled, you can continue to use your Card for purchases until the card expires or until this Agreement is terminated.

9.5 If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Card(s) or we receive a reversal of any prior funding Transaction, we will notify you of the amount and you must immediately repay to us such amount on demand.

 

10. Expiry

10.1 You will not be able to use your Card following its Expiry Date. This Agreement shall terminate on the Expiry Date of the Card unless you have been issued with a replacement Card. 

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

 

11. Termination or Suspension of your Card and Account

11.1 We may terminate this Agreement at any time:

i. by giving you two months’ advance notice (provided that you have provided us with an up-to-date email address);

ii. with immediate effect if:

a. we discover any of the information that you provided to us when you applied for the Card was incorrect or false;

b. you fail to provide the Personal Data necessary for us to comply with our legal obligations as an e-money issuer and to fulfil this Agreement;

c. you have breached this Agreement, or 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 cannot process your Transactions due to the actions of third parties; or

d. there are exceptional circumstances.

11.2 We can suspend your Card at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:

i. we discover any of the information that you provided to us when you applied for your Card was incorrect; or

ii. a Transaction has been declined because of a lack of Available Balance; or

iii. we reasonably suspect that the security of the Card has been compromised or that you, or any third party, have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes; or

iv. we cannot process your Transactions due to the actions of third parties; or

v. you have breached this Agreement.

11.3 In the event that we do suspend or terminate your Card then, where lawfully permitted, we shall notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place.

 

12. Loss or Theft of your Card.

12.1 You are responsible for protecting your Card as if it were cash in your wallet.

12.2 You must contact us without delay by calling us on +44 8081641296 if you know or suspect that a Card is lost, stolen, misappropriated or subject to unauthorised use or that the PIN or any Card-related security details are known to an unauthorised person or you think that a Transaction has been incorrectly executed.

12.3 If our investigations reveal that you authorised a disputed Transaction or that you acted fraudulently or that you negligently or with intent breached the terms of this Agreement (for example, by not keeping your Card or PIN safe), you may be liable for any loss we suffer due to use of the Card.

12.4 Once a loss, theft or unauthorised use of your Card is reported, use of the Card shall be blocked to avoid further losses.

12.5 Replacement Cards will be sent to the most recent address you have provided and may be subject to a Fee, as set out in the Fees & Limits Schedule.

12.6 You agree to cooperate with our agents, any supervisory authority, the police and us if your Card is lost, stolen or if we suspect fraudulent use of the Card.

12.7 In the event that you inform us of an unauthorised or incorrectly executed Transaction without undue delay, and in any event no later than 13 months after the debit date, we will refund the amount immediately unless we have any reason to believe that the incident may have been caused by a breach of this Agreement, through gross negligence or we have reasonable grounds to suspect fraud.

12.8 In the event of a non-executed or defectively executed Transaction, we will make immediate efforts to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In the event that we are liable for such Transaction, we will refund the amount, together with the amount of any resulting charges to which you may be subject, without undue delay.

12.9 In the event that a Transaction is made which is initiated by a Payee, we will provide a refund of that amount, subject to clause 12.10, only in circumstances where you can prove that:

i. the exact Transaction amount was not specified when you authorised the payment; and

ii. the amount of the Transaction exceeds the amount that you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case.

12.10 The refund referred to in 12.9 will not be provided if:

i. the amount relates to currency exchange fluctuations; or

ii. you have given your consent to execute the Transaction directly to us; or

iii. information on the Transaction was provided or made available in an agreed manner to you at least 4 weeks prior to the due date of the Transaction; or

iv. you request the refund from us later than 8 weeks from the date on which it was debited.

 

13. Payment Disputes

13.1 If you dispute a Transaction that you have authorised, and which has been processed on your Card, you should settle this with the person you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your Card. 

13.2 If your dispute with a Merchant relating to a Transaction cannot be resolved you should contact us at Customer Services, and we will attempt to assist you as far as is reasonably practicable.

13.3 If you have reason to believe that a Transaction was carried out without your consent or in error, you may ask us to investigate the Transaction.  If we investigate the Transaction, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Transaction was genuine, this will be deducted from your Available Balance and we may charge you an investigation fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.

 

14. Foreign Exchange

14.1 If you use your Card in a currency other than the currency in which your Card is denominated, the amount deducted from your Available Balance will be the amount of the Transaction converted to your Account currency using a rate set by the Scheme on the date the Transaction is processed.  Exchange rates can fluctuate, and they may change between the time a Transaction is made and the time it is deducted from your Available Balance. You agree that any change to the exchange rate may be applied immediately and without notice to you. You may also be charged a foreign exchange Fee as set out in the Fees & Limits Schedule.

14.2 Please refer to the following Scheme website for more information on the applicable exchange rates:

https://www.mastercard.com/global/currencyconversion/index.html

 

15. Our Liability

15.1 We shall not be liable for any loss arising:

i. from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;

ii. from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;

iii. any use of this Card that is contrary to this Agreement;

iv. for goods or services that are purchased with the Card; and

v. for any damages due to loss, fraud or theft that you have reported to us 13 months after the event.

15.2 We will not be liable to you if your contact details have changed and you have not told us.

15.3 Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card.

15.4 Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount.

15.5 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.

15.6 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

15.7 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Scheme, and other suppliers, contractors, distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.

15.8 For all other matters not expressly covered in this condition 15, and to the extent permitted by applicable law, our total aggregate liability shall be limited to the total amount of money that has passed through your Account over the 12-month period prior to the claim.

 

16. Complaints

16.1 Should you wish to make a complaint about your Card and/or Account, you may initially contact Customer Services by phone on +44 8081641296.

16.2 Upon our receipt of your emailed complaint, we shall endeavour to respond to you as quickly as possible but in any event, we shall reply to you by return email within 15 business days.

16.3 If, having received a response from our Customer Services team, you are unhappy with the outcome, you can escalate your complaint to TPL’s Complaints Department by writing to complaints@transactpaymentslimited.com

16.4 If TPL’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted.  You will receive a formal response of their findings within 35 business days of receipt of your complaint.

16.5 We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision. 

16.6 In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Financial Services Commission at: Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar or email psdcomplaints@fsc.gi.

 

17. General Communication

17.1 Any communication from us to you will be given by notification on your Account and/or by email or mobile device (using the latest contact details with which you have provided us).

17.2 You may contact us via Customer Services, the details of which are set out in clause 1.

 

18. Personal Data

18.1 TPL is the Data Controller of your Personal Data associated with the application for and use of this Card and will collect certain information about the purchaser/ user of the Card in order to operate the Card program. Your provision of your Personal Data and our processing of that data is necessary for each of us to carry out our obligations under this Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Agreement in accordance with clause 11.1(ii)(b) above. There are other legal bases on which we rely in order to process your Personal Data and these are set out in our Privacy Policy.

18.2 We will only send you marketing material where you provide your explicit consent for us to do so. You can opt out of receiving marketing material at any time, as detailed in the Privacy Policy.

18.3 We will manage and protect your Personal Data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it and the conditions under which we may disclose it, please refer to our Privacy Policy which is provided to you at the time we collect your Personal Data.

 

19. Changes to the Terms and Conditions

19.1 We may update or amend this Agreement at any time on at least 2 months’ advance notice, which shall be given via email (using the latest contact details you have provided us with).

19.2 If you do not agree with the changes to the Agreement, you may at any time within the 2-month notice period terminate your Agreement in accordance with condition 10 without incurring a Fee. You will be deemed to have accepted any change to this Agreement unless you notify us before the proposed date of the change.

19.3 If any part of this Agreement is inconsistent with any regulatory requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

20. Language

20.1 The English language version of this Agreement and of any communications and Website content will prevail over any other language version which we may issue from time to time.

 

21. Miscellaneous

21.1 This Agreement is governed by Gibraltar law and you agree to the non-exclusive jurisdiction of the courts of Gibraltar.

21.2 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

21.3 The Card is a payment service product and not a deposit or credit or banking product and, as such is not governed by the Deposit Security Scheme of Gibraltar.  However, we will safeguard your funds so that they are protected in accordance with applicable law if we become insolvent.

21.4 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

21.5 You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement.


Fees

Issuing Fees

GBP

 

Card Issue Fee

  0

Card Replacement

 10

Transaction Fees and usage

Transaction Fee

15p

Transaction Value Fee

0.75%

Foreign Exchange charge

2%

ATM withdrawal (exclusive of ATM operator fees)

£2.50

 

     Limits

Limit Type

Frequency

GBP

Max. Annual Spend

Per year

25,000

Max. Number POS (including contactless transactions)

1 day

30

Max Value POS

per transaction

 2,500

Max. Value POS

1 day

2,500

Max Value POS

4 days

  5,000

Max Number ATM (#)

1 day

10

Max Value ATM (€, £)

1 day

250