Important information you need to know
The nimbl Prepaid Mastercard® Card Agreement
Please read this Agreement carefully before you activate a Card. This information forms the Agreement for your nimbl Prepaid Mastercard. By activating a Card you accept this Agreement. If there is anything you do not understand, please contact Customer Services using the contact details in paragraph 25 of this Agreement. Under this Agreement, Cards will be issued to you for use by your child or/children. You will at all times remain responsible for all use of Cards and this Agreement relating to the Cards will be solely and exclusively between you and us.
Account Holder – You, the parent or guardian entering into this Agreement.
Account Number - This is your unique personal Account Number, and is displayed in the Online Portal.
Aggregate Balance – The total Available Balances across all Cards.
Agreement - This Agreement as varied from time to time.
App – The application program designed to provide a subset of the Online Portal services on a mobile phone. You will be able to manage all Child Accounts via this App. The Cardholders will only see their account.
ATM - Automated Teller Machine.
Available Balance - The value of funds loaded onto a Card and available for use.
Business Days - The days of Monday to Friday between the hours of 8am to 8pm but does not include bank holidays, or public holidays in the United Kingdom.
Card - A nimbl Card issued to you under this Agreement.
Cardholder – The individual child who you permit a Card to be used by.
Card Number – The 16 digit number on the front of the Card.
Child Account – An electronic account linked to a Card used by a Cardholder.
Child Saving Account – A savings account linked to a Cardholder which is operated by nimbl Ltd and is not subject to the terms of this Agreement.
Contactless - A payment feature that provides Cardholders with a way to pay by tapping the Card on a point-of-sale terminal reader for transactions of up to £30.
Customer Services - The contact centre for dealing with queries about your Account. Contact details for Customer Services can be found in paragraph 25.
EEA - The European Economic Area which currently includes all countries in the European Union together with Iceland, Norway and Liechtenstein.
E-money - The electronic money associated with a Child Account and which is issued when you notify us that you wish to load e-money onto a specific Child Account. Any funds held by nimbl Ltd are not e-money until you transfer such funds to us. Any e-money transferred to a Child Savings Account will cease to be e-money upon transfer to such Child Savings Account.
Full Account – An Account which is not a Restricted Account.
Full Deductible Amount - The full transaction amount, including the transaction itself along with any associated fees, charges and taxes.
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.
nimbl Ltd – nimbl Limited, a company registered in England and Wales with number 09276538 and whose registered office is at 11 Kingsley Lodge, 13 New Cavendish Street, London, W1G 9UG.
Online Portal - The area on the Website that allows you to have online access to your Account. You will be able to manage all Cardholder accounts. The Cardholders will only see their own account.
Parent Account or Account - The account owned by a parent or guardian which hosts a balance and from which they may manage one or more Child Account.
ParentPay Account – A valid and active account on the ParentPay school payments system associated with an Account Holder.
Password - Means the password used for identity purpose when using the Online Portal and creating a Passcode on the App.
PIN - A four digit personal identification number for use with the Card.
POS – Point of sale.
Restricted Account- An Account with lower spending limits than a Full Account.
Trial Period – If you have been offered a 3-month free trial period, the Trial Period starts on the date the Child Account is created. This is usually on the day of initial sign-up by the Account Holder, or on the day when an additional Child Account is added to an existing Parent Account.
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.nimbl.com
you, your - The Account Holder (the parent or guardian entering into this Agreement).
2. PRODUCT FEATURES
|LIMITS PER ACCOUNT||Restricted Accounts||Full Accounts|
|Maximum number of Accounts per Individual||1||1|
|Maximum number of Accounts per Address||1||4|
|Maximum number of Child Accounts per Account||4||4|
|Maximum aggregate load to all Child Accounts per year||£2,000||£15,000|
|LIMITS PER CHILD ACCOUNT||Restricted Accounts||Full Accounts|
|Maximum ATM transactions per day||£100 over 3 transactions||£250 over 5 transactions|
|Maximum ATM transactions per year||£500||£1,500|
|Maximum spend per transaction (including ATM transactions)||£250||£1,000|
|Maximum spend per day (including ATM transactions)||£500 over 10 transactions||£1,500 over 20 transactions|
3. SCOPE OF THIS AGREEMENT
3.1 The Card is an e-money prepaid card; it is not a credit, charge or debit card.
3.2 The Card has been issued by us pursuant to licence from Mastercard. 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). The Cardholder’s rights and obligations relating to the use of this Card are subject to this Agreement between you and us; you have no rights against Mastercard. If the Cardholder experiences any difficulties in using the Card you should contact Customer Services. The Card remains our property.
3.3 This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of the Card or Account.
3.4 You agree that we may communicate with you by e-mail and/or via the App notifications for issuing any notices or information about your Account or the Card and therefore it is important that you ensure you keep your e-mail address updated via the Online Portal.
3.5 Any money held by nimbl Ltd (whether prior to you instructing us to load funds on a Child Account or after transfer of funds onto a Childs Savings Account) are not e-money and are not subject to the terms of this Agreement.
3.6 This Agreement is solely and exclusively between you and us. To the fullest extent permissible in law, we have no obligations to Cardholders and Cardholders have no rights against us.
4. BUYING, ACTIVATING AND REGISTERING THE CARD
4.1 You may only apply for a Card if you are resident in the UK. You must be at least 18 years old.
4.2 All Cardholders must reside at the same address as you and must be at least 8 years old. We may ask for proof of age for any Cardholders and it is your responsibility to demonstrate this to us. A Cardholder will not be able to apply for a Card.
4.3 We will issue Card(s) to you on the basis of the information that you have provided. You agree to provide accurate personal information and to tell us of any changes as soon as possible so that our records remain correct. You should update any changes to your personal information and any changes to any Cardholder information via the Online Portal or by calling Customer Services.
4.4 If we are unable to satisfactorily verify your identity and address from information provided by you at the time you apply for an Account we will either reject your application or issue a Restricted Account. You will have the option to upgrade Cardholders to a Full Account by providing satisfactory documentation as proof of identity and address (fees apply, see paragraph 16).
4.5 All Cards will be posted to your home address.
4.6 The named Cardholder must sign the Card immediately once received. All Cards can be activated online by logging into nimbl.
4.7 You must make sure that any Cardholders under the age of 18 do not use their Card for any purpose for which the minimum age is 18 or higher, e.g. gambling, adult entertainment and purchasing of alcohol.
4.8 You are responsible for the use and safekeeping of all Cards issued to your Account under this Agreement and any fees or charges that Cards may incur.
4.9 The PIN will be revealed to you when you activate the Card. The PIN should not be revealed to anybody else except the Cardholder (this must be done in a way that cannot be known to a third party), and must be kept safe. The Cardholder should also not reveal their PIN to anybody. We will not reveal the PIN to a third party. If the Cardholder forgets their PIN you can view the PIN on the Website or via the App. The Cardholder can change their PIN at any UK ATM.
4.10 When selecting or changing the PIN, the Cardholder must not select a PIN that may be easily guessed, such as a number that:
4.10.1 is easily associated with the Cardholder, such as their telephone number or birth date; or
4.10.2 is part of data imprinted on the Card; or
4.10.3 consists of the same digits or a sequence of running digits; or
4.10.4 is identical to a previously selected PIN.
5. USING YOUR ACCOUNT
5.1 Your Account can be managed via the Online Portal and via the App (standard network charges may apply) to apply for a Child Account, view your Account balance, top-up your Account, transfer funds between your Account and a Child Account and vice versa, transfer funds between a Child Account and a Child Savings Account , view the balance of your Child Accounts, view the transaction history of your Child Accounts, set up and cancel regular transfer from your Account onto a Child Account, and view and update a Child Account spend limits, view and update your and the Cardholders personal information, change or request reset of your Account password or a Child Account password, activate a Card or view a card PIN.
5.2 Your Account cannot be used to make any purchases.
5.3 You can control where a Card is used for purchases and can turn off ATM usage for a Card.
6. USING THE CHILD ACCOUNT
6.1 The Available Balance on the Child Account associated to the Card will not earn any interest.
6.2 A Child Account can be used to transfer funds back to the main Account or to a Child Savings Account. The Cardholder will need to authorise each transaction. We will treat the transaction genuine if:
6.2.1 the transaction was authorised from the Online Portal while the Cardholder was logged in;
6.2.2 the transaction was authorised from the App registered to the Child Account
7. USING THE CARD
7.1 A Card can be used at any Merchant to make purchases in-store, via the internet or over the phone. It can also be used to obtain cash through ATMs. The Cardholder will need to authorise each transaction. We will treat the transaction genuine if:
7.1.1 the PIN or other security code personal to the Cardholder is used;
7.1.2 the Card is used for a Contactless payment transaction;
7.1.3 a Card is used and the Cardholder authorises the transaction by signature of the receipt.
7.2 Once a payment has been authorised from a Card, we cannot change or cancel it. We cannot cancel authorised payments that have not yet been processed. A Cardholder may be able to cancel transactions that have been authorised for a future date (including recurring transactions) by contacting the retailer before the date on which the payment is due to be made.
7.3 When making an online transaction, the billing address must match the address of the Account Holder otherwise the transaction may be rejected.
7.4 The Card is a prepaid card, which means that the Available Balance will be reduced by the full amount of each transaction and authorisation, plus any applicable taxes and charges, including additional ATM charges if any. A Card must not be used if the Full Deductible Amount exceeds the Available Balance. If, for any reason, a transaction is processed for an amount greater than the Available Balance on the associated Child Account, you must repay us the amount by which the Full Deductible Amount exceeds the Available Balance of a Card immediately after receiving invoice notification from us. Should you not repay this amount immediately after receiving invoice notification from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
7.5 Due to security safeguards, Merchants that accept the Card are required to seek authorisation from us for all of the transactions that are made. There are some circumstances where Merchants may require the associated Child Account to have an Available Balance greater than the value of the transaction the Cardholder wishes to make. The Cardholder will only be charged for the actual and final value of the transaction made. Merchants request this as they may need to access more funds than the Cardholder initially planned to spend. For example:
7.5.1 hotels, rental cars, and
7.5.2 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 the Available Balance of a Card. A Cardholder should bear in mind that many sites will not deduct payment until goods are dispatched so consider this when checking Available Balance to make sure a Cardholder always has sufficient funds available to cover purchases.
7.6 There are some circumstances where Merchants may not be able to seek authorisation from us for the full value of the transaction. In such circumstances you should ensure the Child Account has sufficient funds available to complete the transaction. For example: Contactless ticketing on barriers at Transport for London.
7.7 A Card cannot be used in situations where it is not possible to obtain online authorisation that a Cardholder has sufficient balance for the transaction. For example: transactions on trains, ships, and some inflight purposes.
7.8 A Card cannot be used at self service petrol pumps, it can be used to pay by taking it to the cashier.
7.9 A Card cannot be used for travel at any London underground barriers but can be used to purchase and top up an Oyster travel card at any London underground station.
7.10 We may ask you to surrender the Card at anytime for a valid reason in accordance with the provisions in paragraph 20 of this Agreement. If we do so, we will give you back any Available Balance in accordance with paragraph 12 of this Agreement.
7.11 If a Merchant agrees to give a refund for a purchase made using a Card, we will credit the balance of the Child Account when we receive the funds from the Merchant.
8. LOADING YOUR ACCOUNT
8.1 You can load your Account via a UK issued debit card this must be made from an account registered in your name and at your address that we hold.
8.2 Loads are usually applied immediately following a successful authorisation of a transaction from your debit card. In some circumstances a delay may occur before a load is applied to your Account.
9. LOADING THE CHILD ACCOUNT
9.1 You may load the Child Account associated to an Account up to £15,000 per year for a Full Account and up to £2,000 per year for a Restricted Account.
9.2 Each Child Account can be loaded up to a maximum balance of £10,000 for a Full Account and up to a Maximum Balance of £1,500 for a Restricted Account.
9.3 Each Child Account can only be loaded by you from your Account. A friend or relative can also load Child Account using a valid URL (available from within the Online Portal) which you or the Cardholder may have issued, however the funds will go into your Account and then will be automatically transferred to the Child Account. Loads are applied immediately
10. LOADING A CHILD SAVINGS ACCOUNT
10.1 A Child Savings Account can be loaded via transferring funds from a Child Account by either the Cardholder or the Account Holder or by transferring funds from your Account. Loads are applied immediately.
11. CARD EXPIRY
11.1 The expiry date of a Card is printed on the front of the Card. A Card will not be usable if it has expired. Upon expiry, a replacement Card will be sent out to the address we hold. The Cardholder will be able to use their existing PIN for a replacement Card.
11.2 Any outstanding Available Balance on the Child Account at expiry will remain yours for a period of six years from the expiry date. Subject to paragraph 12.3, you can request a refund anytime within this period by contacting Customer Services. We will not return any funds remaining on the Child Account after six years from expiry and this Agreement will terminate.
11.3 If you have a Restricted Account, we are required by regulation to establish your identity before redeeming e-money from any Child Account.
12. REDEEMING E-MONEY
12.1 If you would like to terminate any Child Accounts and redeem any unused funds you need to redeem your balance at the following times;
12.1.1 before the expiry date of a Card or replacement Card;
12.1.2 before you or we terminate this Agreement prior to a Card expiry date;
12.1.3 more than 12 months after;
(i) a Card or replacement Card expires: or
(ii) this Agreement is terminated (as applicable).
12.2 You may redeem funds as long as:
12.2.1 we believe you have not acted fraudulently; and
12.2.2 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.
12.3 A Cardholder cannot terminate their Card and redeem any unused funds.
12.4 Our procedures may require us to carry out various checks reasonably required to prevent fraudulent use of a Card before we can process your redemption request.
12.5 If we find any additional withdrawals, fees or charges have been incurred on any Cards, we'll send an itemised invoice to you and we will require you to refund us immediately after receiving the invoice. 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.
13. ACCOUNT HOLDER LIABILITY AND AUTHORISATIONS
13.1 We may restrict or refuse to authorise any use of any Cards including transactions in any legal jurisdiction if using the Card is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either the Cardholder or a third party has committed or is about to commit a crime or other abuse in connection with the Card.
13.2 Where appropriate, any refusal to authorise a transaction will be relayed to the Cardholder via the Merchant concerned.
13.3 A Cardholder must sign their Card as soon as the Card is received and keep it safe. It is your responsibility to explain this to a Cardholder.
13.4 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 and/or the Cardholder fail to:
13.4.1 keep the Card and/or security features of the Card safe, or
13.4.2 notify us that a Card is lost or stolen.
13.5 A Cardholder should never:
13.5.1 allow another person to use their Card; or
13.5.2 write down their password(s), PIN or any security information unless they do this in a way that would make it impossible for anyone else to recognise any of that information, or
13.5.3 disclose their PIN or any security information, or otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others; or
13.5.4 enter their PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached or is operating in a suspicious manner.
13.6 You will be responsible for all transactions which any Cardholders authorise, whatever the manner of such authorisation.
13.7 You will be liable for all transactions that take place as a result of the Cardholder 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 the Card.
13.8 It is your responsibility to keep us updated of changes to your personal details, including e-mail address and mobile number and personal detail of all Cardholders such as any changes to their name. Failure to do so may result in us being unable to contact you regarding your Account, including the provision of refunds to which you might be entitled or to let you know about changes to this Agreement.
13.9 It is your responsibility to inform each Cardholder how the Card can be used in accordance with this Agreement and make sure it is followed.
13.10 You agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or fraudulent use of any Cards, Online Portal log in details, the App details, or PIN by or authorised by the Cardholder.
14. LOST, STOLEN OR DAMAGED CARDS
14.1 You should treat the e-money on a Child Account like cash in a wallet. If a Card is lost or it is stolen you may lose any e-money on it in just the same way as if you lost your wallet unless you contact Customer Services.
14.2 In the event of loss, theft, fraud or any other risk of an unauthorised use of a Card, or if a Card is damaged or malfunctions, you must contact Customer Services immediately so that we can stop the Card and PIN. A Cardholder cannot report their Card lost or stolen but they can temporarily block the Card via the Online Portal or App.
14.3 In the event that you notify us in accordance with this Agreement that a 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.
14.4 Provided that you have given notification in accordance with paragraph 14.2 and that paragraph 14.5 does not apply, then you will not be liable for losses that take place following the date on which you gave such notification to Customer Services. If there is an Available Balance remaining on the Card, we may replace the Card for your Account. Alternatively, the Available Balance can be redeemed to you. If we replace the Card, the Card will be delivered to your home address (fees apply, see paragraph 16).
14.5 In the event that we have reason to believe the Cardholder have acted fraudulently or have acted with gross negligence or you have intentionally failed to notify us of the lost or stolen Card or the Cardholder have failed to keep their Card or security information related to their account safe or they have breached this Agreement then you shall be liable for all losses.
15. TRANSACTIONS MADE IN FOREIGN CURRENCIES
15.1 If a transaction is made in a currency other than pounds sterling ("foreign currency transaction"), the amount deducted from the Available Balance will be converted to pounds sterling on the day we receive details of that foreign currency transaction. We will use a rate set by Mastercard, which will be available on each Business Day and changes in the exchange rate shall take effect immediately. Exchange rates can fluctuate and they may change between the time a transaction is made and the time it is deducted from the Available Balance. For transactions made within the EEA or in an EEA currency you can find out the Mastercard exchange rate by e-mailing Customer Services. We will charge an additional foreign transaction fee for all foreign currency transactions.
16.1 Each Card is subject to fees and restrictions as follows:
|Fee||Notes||Fees collected from|
|Buying cards||First Card for each Child Account||Free|
|Replacement Cards||£5.00||Parent Account|
|Load||Debit Card (Web)||Free|
|Debit Card (Mobile)||Free|
|Transfer between Card and Account Holder||Free|
|Spend||POS Chip and PIN Transaction (UK)||Free|
|Contactless Transaction (UK)||Free|
|ATM Withdrawal (UK)|
£0.49 per withdrawal (UK)
£1.50 per withdrawal (overseas)
First withdrawal per month is free*
Extra fees may be charged by certain ATM providers
|Exchange rate applied to any foreign currency transaction (includiing ATM withdrawals)||2.95% per transaction value||Child Account|
|Account Servicing||Account Service Charge||£10.00||Charged annually||Parent Account|
|Upgrade Account to Full||Free|
|Customer Services Enquiry||Free|
|Accessing the Online Portal from your mobile phone or via the APP||Free (Standard network data charges apply)|
*The fee for the first individual ATM transaction per month is FREE (resets each month of the anniversary of the Cardholder's first withdrawal), all other withdrawals are charged.
16.2 We will deduct any Replacement Card, Load or Account Service taxes or charges due from the Available Balance on a Parent Account. If there is no Available Balance of funds on a Parent Account, or taxes or charges exceed the balance of funds available, we may collect the taxes or charges due from the debit card used to top-up the Parent Account or from the Child Account, or we shall send an invoice to you and will require you to refund us immediately after receiving the invoice. 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.
16.3 We will deduct any spend or charges due from the Available Balance on a Child Account. If there is no Available Balance of funds on a Child Account, or taxes or charges exceed the balance of funds available, we may collect the taxes or charges due from a Parent Account, or we shall send an invoice to you and will require you to refund us immediately after receiving the invoice. 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.
17. DISPUTED TRANSACTIONS
17.1 If you have a reason to believe that a transaction for which a Card was used is unauthorised or has been posted to the Cardholder’s account in error, you must immediately contact 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 in investigating the transaction. If you dispute a transaction, the Merchant must be able to prove that the transaction took place. A Cardholder cannot report any disputed transactions.
17.2 We will immediately refund the amount to the Cardholder’s 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 the Cardholder was 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 £15 administration fee.
17.3 If there are reasonable grounds for thinking that the Cardholder 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 a refund.
17.4 The Cardholder will be liable for all transactions made from their account(s);
17.4.1 if they have acted fraudulently; or
17.4.2 if the transaction was made because they deliberately or with gross negligence failed to keep their Card or Card details secure or their PIN or other security information secret,
17.5 Where a Cardholder has agreed that another person in the EEA can take a payment from their Card (e.g. if a Card details have been given to a retailer for the purpose of making a payment), we can be asked to refund a payment if all the following conditions are satisfied:
17.5.1 the authorisation given by the Cardholder did not specify the exact amount to be paid;
17.5.2 the amount that has been charged to a Card was more than the Cardholder reasonably have expected to pay, based on the circumstances, including previous spending patterns; and
17.5.3 a Cardholder make a refund request within eight weeks of the date when the payment was charged to their Card.
18.1 We may change this Agreement, including fees and limits by providing you with at least two months prior notice by e-mail (provided you have supplied us with an up-to-date e-mail address) and will ensure the most recent version is always available on the Website.
18.2 If you do not agree with the changes to the Agreement, you may at any time within the two months’ notice period terminate your Agreement and subject to paragraphs 12.2 to 12.5, you can redeem any unused Available Balance at that time without a charge. 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.
18.3 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. We will update our Agreement to reflect the new regulatory requirements when they are next reprinted.
19.1 You can cancel your Account at any time via the Online Portal or via Customer Services.
19.2 You may cancel any Cards before activating it, and up to 14 calendar days after the date of activation ("cancellation period"), via the Online Portal or via Customer Services. This does not apply to replacement Cards where the cancellation period for the original Card has expired. Upon cancellation, we will refund to you any Available Balance on any Child Accounts by the end of five Business Days following the Business Day on which the refund request is received.
19.3 You may close your Child Account at any time after the cancellation period by exercising your rights under paragraph 12.
19.4 You may cancel/block your Card at any time after the cancellation period.
19.5 If you terminate your Account and all Cards and redeem all the Available Balance, your Agreement will terminate.
19.6 Cardholders cannot cancel or terminate their Card; this must be done by the Account Holder.
20. TERMINATION OR SUSPENSION
20.1 We can terminate this Agreement at any time:
20.1.1 if we give you two months’ notice and refund the Available Balance to you without charge, or
20.1.2 with immediate effect if you or any Cardholders have breached this Agreement, or if we have reason to believe that any Cardholders have used, or intend to use their Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process transactions due to the actions of third parties.
20.2 We can suspend any Accounts at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:
20.2.1 we discover any of the information that you provided to us when you applied for an Account was incorrect; or
20.2.2 a transaction has been declined because of a lack of Available Balance; or
20.2.3 you or any Cardholders have breached this Agreement or we have reason to believe that any Cardholders have used, or intend to use their Cards or Online Portal passwords or the App passcodes 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.
20.3 In the event that we do suspend or terminate any Cards 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 anyone involved in the transaction if a suspension has taken place.
20.4 Subject to paragraph 20, you can terminate this Agreement at any time by contacting Customer Services.
20.5 In the event that any additional fees are found to have been incurred on any Cards following termination by either you or us, then subject to this Agreement, you shall refund to us any sum which relates to a withdrawal on the Card or 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.
21. OUR LIABILITY
21.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
21.1.1 we shall not be liable for 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;
21.1.2 we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
21.1.3 where any Cards are faulty due to our default, our liability shall be limited to replacement of the Card, or at our choice, redemption of the Available Balance;
21.1.4 where sums are incorrectly deducted from the Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount;
21.1.5 in the unlikely event that sums are deducted from the Available Balance but the Cardholder did not authorise such deduction in accordance with this Agreement then our liability shall be as set out in paragraph 18; and
21.1.6 in all other circumstances of our default, our liability will be limited to redemption of the Available Balance.
21.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
21.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
21.4 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as Mastercard or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
22. YOUR INFORMATION
22.1 You may provide us and nimbl Ltd with personal data from time to time in connection with the Card. Some personal data will be necessary for us to provide you with the Card and services under this Agreement. You must update any changes to your details and any changes to any Cardholder details on the Online Portal.
22.2 We and our affiliates are committed to maintaining your personal data and Cardholder’s personal data in accordance with the requirements of the Data Protection Act 1998 and will take all reasonable steps to ensure that all personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with this Agreement, yours or Cardholder’s personal information will not be passed to anyone without your permission. We can at any time request evidence of identity from you and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of the Card for this purpose and who will add details to your record of our request for a search.
22.3 You agree that we and nimbl Ltd can use your and the Cardholder’s personal data in connection with the Card, and the e-money associated with the Card, to contact you about replacement Cards, and to enable us to review, develop and improve our products and services. This may involve providing your and the Cardholder’s personal data to our partners, affiliates, agents, distributors, and suppliers including nimbl Ltd and to Mastercard and its affiliates to process transactions and for their statistical research and analytical purposes. We may share your personal data with nimbl Ltd for direct marketing purposes. By submitting your personal data to us you agree to us sharing your personal data with nimbl Ltd for direct marketing purposes and to nimbl Ltd contacting you with marketing material by post, phone, fax, email and electronic messaging services such as SMS or MMS. If you do not wish to receive any marketing material from nimbl Ltd, please select 'Marketing Opt Out' on the Online Portal or contact Customer Services. We may also transfer the Cardholder’s personal data outside of the EEA to enable them to use the Card while they are travelling. We may also disclose yours and the Cardholder’s personal data as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
22.4 You may contact us at any time to request us to stop such use or further disclosure to other companies for such use.
22.5 You have a right to inspect the personal data we hold about you and about the Cardholder however, we will ask you to pay an inspection fee of £10 to cover our costs. For further information please contact Customer Services.
22.6 If we discover that the information we hold about you and any Cardholders is incorrect, we may have to suspend or cancel the Card until we can establish the correct information, in order to protect us both.
23. COMPLAINTS PROCEDURE
23.1 Complaints regarding any element of the service provided by us can be sent to Customer Services in writing, by e-mail or by calling. A Cardholder will not be able to make a complaint about their Card; we will only accept a complaint from the Account Holder.
23.2 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.
23.3 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (Exchange Tower, London E14 9SR, phone 0800 023 4 567). Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
24.1 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.
24.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
24.3 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 your Account 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 at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
24.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement, save that Mastercard and their respective affiliates may enforce any provision of this Agreement which confers a benefit or a right upon them and a person specified in paragraph 21.4 may enforce paragraph 22.
24.5 This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.
25. CONTACTING CUSTOMER SERVICES
25.1 You can contact Customer Services by phoning 02476 994000 between the hours of 8.00am and 8.00pm, Monday to Friday, or by emailing firstname.lastname@example.org, or by writing to Customer Services at nimbl Limited, Ricoh Arena, Phoenix Way, Coventry CV6 6GE. A lost and stolen Card service is available 24 hours a day on the Customer Services number.
Mastercard is a registered trademark of Mastercard® International Incorporated.