Last Updated: 15 April 2019
These terms and conditions apply to your prepaid non-reloadable Kids Choice Gift Card (Gift Card) and its use. You must read them carefully. In these terms and conditions "you" means the Cardholder and the authorised user of the Gift Card. "We", "us" or "our" means EML Payments Europe Limited or PerfectCard DAC acting on its behalf. “Website” means the program website at http://www.kidschoicecard.co.uk.
1. Your Gift Card
Your Gift Card is not a credit card and is not in any way connected to your bank account. You will not earn any interest on any funds loaded on your Gift Card.
Using the Gift Card, indicates your agreement with these terms and conditions.
2. Loading your Gift Card
The amount you can load onto your Gift Card is up to a maximum amount of £200. We reserve the right to refuse to accept any particular loading transaction. Upon receipt and clearance, your funds will be available for use on the Gift Card without delay.
3. Using your Gift Card
Information on where and how to use your Gift Card are found on the Website and you will need to follow these instructions when using your Gift Card.
You can use the Gift Card at any participating retailer in the Kids Choice program. Before using the Gift Card, it is your responsibility to ensure that there are sufficient funds loaded on it to cover your purchase. You will not be able to use your Gift Card after its Expiry Date.
We will deduct the value of your transactions from the balance on your Gift Card as soon as they are made and we will also deduct any applicable fees as soon as they become due; see our Fees clause below for details of any applicable fees. While the Cardholder may use the Gift Card, the Gift Card always remains our property.
|Max Load / Balance
For fraud prevention reasons, your card use may be queried and we may block further usage, either completely or only in certain territories or merchants. In such circumstances, you can contact Customer Services.
We reserve the right to, at any time suspend, restrict or cancel your Gift Card or refuse to issue or replace a Gift Card for reasons relating to the following:
a) we are concerned about the security of your account or Gift Card(s) we have issued to you;
b) we suspect your account is being used in an unauthorised or fraudulent manner; or
c) we need to do so to comply with the law.
If we do this, you may contact Customer Services to obtain the reason for the suspension, restriction or cancellation and we will tell you as soon as we can or are permitted to do so. Like other payment cards, we cannot guarantee a retailer will accept your Gift Card. We may also refuse to pay a transaction:
a) if we are concerned about security of your Gift Card or we suspect your Gift Card is being used in an unauthorised or fraudulent manner;
b) if sufficient funds are not loaded on your Gift Card at the time of a transaction to cover the amount of the transaction and any applicable fees;
c) if we have reasonable grounds to believe that you are acting in breach of this agreement;
d) if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or
e) because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.
If we refuse to authorise a transaction, you may contact Customer Services and we will immediately tell you why, if practicable, unless it would be unlawful for us to do so. While speaking with Customer Services you may have the opportunity to correct any information we hold, and which may have caused us to refuse a transaction.
4. Authorising Transactions
Subject to the features of the particular Gift Card, the authorisation of a transaction can include authorising any single transaction, or pre-authorising future transactions of a certain or uncertain amount.
A Gift Card transaction will be regarded as authorised where you authorise the transaction at the point of sale by following the instructions provided by the merchant or retailer. This may include:
a) signing a sales voucher; or
b) providing the Gift Card details and/or providing any other details as requested.
Authorisation for a transaction may not be withdrawn (or revoked) by you after the time it is received by the merchant.
We will pay the funds required by the retailer or merchant to cover the transactions authorised by you within three (3) days of us receiving their request. A transaction will be received at the time we receive the transaction instruction from the merchant acquirer.
5. Expiry, suspension and cancellation of your Gift Card
The Gift Card will expire 12 months from the date on which it was purchased (the Expiry Date). After the Expiry Date, you cannot use the Gift Card but you can request a replacement Gift Card or access any unspent funds through the redemption process specified in clause 6 below.
We may also cancel this agreement or suspend your card or account immediately if we believe your Gift Card is deliberately being used by you to commit fraud or for other illegal purposes. If we do this, you may contact Customer Services for the cancellation reason and to process a redemption of unused funds. If your Gift Card is cancelled, we will immediately block your Gift Card so it cannot be used. You will not be entitled to a refund of money you have already spent on authorised transactions, or pending or any fees for use of the Gift Card before the Gift Card is cancelled or expires.
You can cancel your Gift Card by contacting Customer Services. If you cancel your Gift Card, once all transactions and fees have been deducted, we will arrange for any unused funds to be refunded to you in accordance with the redemption process mentioned in clause 6 below. A Redemption Fee may be charged (see Fees clause below).
6. Replacement and Redemption during and after the Expiry Date and Redemption Fee.
For up to six (6) years after the Expiry Date, the Cardholder may request a replacement Gift Card to be activated immediately for the value of any remaining funds as at the Expiry Date. In order to do so, the Cardholder must contact Customer Services and we may need to request certain information and/or documentation, in order to meet our legal obligations, before we are able to issue a replacement Gift Card.
Alternatively, any available balance of the Gift Card as at the Expiry Date may be redeemed at any time up to six (6) years after the Expiry Date. In order to do so, the Cardholder must contact Customer Services, and may be required to provide certain information and documents to allow us to identify the Cardholder in addition to completing a redemption request form which would be provided by Customer Services or Issuer.
During the first twelve (12) months following the Expiry Date, the redemption of any remaining funds on a Gift Card will be free of charge. However, if the Cardholder requests a redemption while the Gift Card is active, i.e. before the Expiry Date, or after more than twelve (12) months from the Expiry Date, a redemption fee of £0 will be deducted from the value of the redemption remitted to the Cardholder. Any redemption will be remitted only to the Cardholder by transfer to the bank account nominated by the Cardholder on the redemption form. A request for redemption may take up to thirty (30) days to process, though we will make reasonable efforts to process the request sooner.
7. Keeping your Gift Card secure
You should treat your Gift Card like cash. If it is lost or stolen, you may lose some or all of your money on your Gift Card, in the same way as if you lost cash from your wallet or purse. As a result, you must keep your Gift Card safe and not let anyone else use it.
We recommend that you check the balance on your Gift Card regularly online at the Website.
8. Lost or stolen Gift Card and unauthorised or incorrectly executed transactions
You must tell Customer Services without undue delay if you know or suspect that a Gift Card is lost or stolen or if you think a transaction has been incorrectly executed.
We will refund any incorrectly executed transaction immediately unless we have any reason to believe that the incident has been caused by a breach of this agreement, gross negligence or we have reasonable grounds to suspect fraudulent activity. However, you will bear the loss, up to £35 in total, if the transaction results from the use of a lost or stolen card.
However, if investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence (for example by failing to keep your Gift Card secure), you may be liable for any loss we suffer because of the use of the Gift Card.
9. Our liability
We will not be liable for any loss arising from:
a) any cause which results from abnormal or unforeseen circumstances beyond our control, consequences which would have been unavoidable despite all our efforts to the contrary; or
b) a retailer refusing to accept your Gift Card (unless we have acted negligently or willfully in this regard); or
c) our compliance with legal and regulatory requirements; or
d) loss or corruption of data unless caused by our negligence or willful default
10. Your Rights to Redemption of Funds and Refunding of Transactions on your Gift Cards
You have the right to redeem the funds on your Gift Card at any time in whole or in part in accordance with the process described in clause 6 of this document.
We will not redeem the value of the funds on your Gift Card to you if your request for redemption is more than six (6) years after the Expiry Date.
Clause 13 contains a summary of applicable fees, including redemption fees.
11. Refunding Transactions
You may be entitled to claim a refund in relation to transactions where:
a) the transactions were not authorised under this agreement;
b) we are responsible for a transaction which was incorrectly executed and you notified us in accordance with clause 8 above;
c) a pre-authorised transaction did not specify the exact amount at the time of its authorisation and the amount charged by a supplier is more than you could reasonably have expected, taking into account normal spending patterns on the Gift Card or the circumstances of the transaction.
A claim for a refund in the circumstances set out above will be rejected if the date of the claim exceeds one hundred and twenty (120) days from the settlement date of the transaction.
To process a refund request you must first contact Customer Services and complete a dispute transaction form. Upon completion of the dispute form you must email the form to email@example.com. In order for us to comply with our legal obligations, we may ask you to provide identification information before we can process your refund request. Processing time may take up to forty-five (45) days for an outcome to be reached, though we will make reasonable efforts to process the request sooner. Subject to a favourable outcome of your dispute, the value in question may be refunded to the originating card or alternatively, whereas the originating card is expired, the refund may be processed to a bank account of your preference within one (1) to three (3) business days.
12. Changes to these Terms
We may change these terms at any time by notifying you on the Website at least two (2) months before the change is due to take effect. The most current version of the terms and conditions will always be available on the Website. The change will automatically take effect and you will be taken to have accepted the notified change unless you tell us that you do not agree to the change. In that event, we will treat that as notification that you wish immediately to terminate and, in such circumstances, we will refund any balance on the Gift Card in accordance with clause 11 above and you will not be charged a Redemption Fee.
13. The Fees
We do not charge any fees for checking your balance online and transactions. However, the following fees do apply:
14. Disputes with Retailers
If you have any disputes about purchases made using your Gift Card, you should settle these with the person you bought the goods or services from. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with your Gift Card. Remember that once you have used your Gift Card to make a purchase we cannot stop that transaction.
15. Customer Services
If you have any enquiry relating to your Gift Card, you can contact Customer Services at firstname.lastname@example.org, call the number on the back of your card, or write to Client Support, Choice Card Limited, Westside, London Road, Hemel Hempstead, Hertfordshire, HP3 9TD, United Kingdom.
The Gift Card is managed by EML Payments Europe Limited. If you are unhappy in any way with your Gift Card or the way it is managed, you should first contact Customer Services. If you are still unhappy contact us at email@example.com so we can investigate the circumstances for you. Any complaints you have will be dealt with quickly and fairly.
Following our investigation if you are still unhappy you may also complain to the Financial Services and Pensions Ombudsman at 3rd Floor, Lincoln House, Lincoln Place, Dublin 2, D02 VH29. Telephone: +353 (0)1 567 7000 and e-mail: firstname.lastname@example.org or by using their online facility to submit a complaint.
The Gift Card is an electronic money (e-money) product and although it is a product regulated by the Central Bank of Ireland, no compensation scheme exists to cover losses claimed in connection with the Gift Card.
We may assign the benefit and burden of these terms and conditions to another company at any time. If we do this, your rights will not be affected.
If any term of the agreement is invalid, the remainder thereof shall remain unaffected.
20. Governing Law
This Agreement is concluded in English. All communications with you will be in English wherever possible. These terms and conditions will be construed in accordance with Irish law. In the event these terms and conditions are translated into any language other than English then the English language version shall prevail.
21. Fund Protection
As a responsible e-money issuer, PerfectCard DAC ensures that once it has received your funds they are deposited in a secure account, specifically for the purpose of redeeming transactions made by your Gift Card. In the event that PerfectCard DAC becomes insolvent, funds that you have loaded and which have been deposited by PerfectCard DAC are protected against the claims made by creditors.
22. Gift Card Issuer
The e-money associated with your Gift Card is issued by PerfectCard DAC, whose principle office is Unit A10, Network Enterprise Park, Kilcoole, Co. Wicklow, ROI, which is authorised by the Central Bank of Ireland under the Electronic Money Regulations 2011 (Register Ref: C95957). The Gift Card is issued by EML Payments Europe Limited.