Account: The Snowy Pay IBAN Account that we will open and maintain for the purposes of issuing the Card;
Agreement: These terms and conditions, as well as any other agreements, disclosures, rules, or notices relating to the Service as may be posted on Our Website or otherwise made available to You, as applicable, and as amended from time to time;
ATM: Any automated teller machine terminal displaying the MasterCard® acceptance mark at which You can Use Your Snowy Pay Card to access Your Account;
Bank: A licensed financial institution including Banks, savings associations and credit unions;
Business Hours: From 9.00am – 5.00pm from Monday – Friday except for any public Bank holidays in England and Wales;
Debit Card: Snowy Pay MasterCard Debit cards are issued by Corner Bank on behalf of Snowy Pay Ltd., pursuant to licence from MasterCard® and are subject to this Agreement, the latest version of which is available on Our Website. By accepting or Using Your Snowy Pay MasterCard Debit card, you agree to be bound by this Agreement.
Card Currency: The primary currency in which funds are maintained on a Card or Account.
Cardholder: A person who has been issued a Card;
Claim: Any controversy or dispute at law or equity that arises out of this Agreement or Our Services;
Conversion Rate: The Conversion Rate that applies when any Card is Used for a Transaction not in the Card Currency. The Standard Conversion Rate is defined as the exchange rate applied by MasterCard® for Card Transactions other than in the Card Currency, in each case subject to an additional margin determined by Snowy Pay Ltd. from time to time and available to view on Our Website;
Customer Support: Our automated (IVR) or live agents available to provide information and provide assistance in matters relating to Your Card and Account. Telephone Number: +44 20 8123 2308.
Foreign Currency: Transaction not in the Primary Currency of the Card. These Transactions will be converted to the Snowy Pay Card Account at the Standard Conversion Rate;
Information: Any information You provide to Us or other Users in the registration, payment process, stores or other features of Our Service. You are solely responsible for Your Information.
Load: The process of transferring funds to Your Account;
MasterCard®: MasterCard Europe who operate the MasterCard® Programme subject to the MasterCard Europe operating regulations, and all other rules referred to therein. (MasterCard® is a registered trademark of MasterCard);
Merchant(s): Any shop, hotel, restaurant or other vendors that accepts MasterCard® as a form of payment;
Payor: Any company, institution or other body, whether or not Our Reseller, that is responsible for the payment of funds to the Cardholder.
PIN: The personal identification number Used by the Cardholder to withdraw cash or make purchases using the Card;
Reseller: Any company, institution or other body authorised by Us to process applications for or initiate fund loading to the Card;
Service/Services: The Services set out in this Agreement;
Transaction: Any retail sale, ATM or Bank withdrawal, or other action included in the Service completed Using Your Card;
Use/Used/Usage/Using: Card Usage which includes such Usage whether through physical presentment at a POS or ATM, providing the Card number over the phone, through the internet or other electronic device, and/or using the Card’s PIN, whether such Usage is made by You or someone to whom You gave the Card or PIN;
We/Us/Our: Snowy Pay Ltd. Ltd and/or any subsidiary, company with common ownership, or Reseller;
Website: Our Cardholder Website: www.snowy-pay.com, and any other electronic user interfaces including apps;
You and/or Your: The Cardholder to whom We issue a Card.
Your Card is a debit card issued by us. The Card is not a credit card. The limit of the card is cleared funds on the account.
Your Card may be used at Merchants, ATMs and bank branches wherever MasterCard is accepted.
The Card remains Our property at all times.
The Card is subject to all applicable laws including laws concerning the use of ATM’s and exchange control laws with which You agree to abide.
If You apply for a Card through our website, you authorise us to obtain from you all personal information and copies of personal documents to confirm your identity. Personal documents and information may include, but not be limited to, photographic identification (such as a passport or driver’s license) and proof of Your residential address (such as a current utility bill).
We reserve the right to refuse or decline Your application for any reason.
By accessing or Using the Service, you agree to be bound by this Agreement. If You do not agree to be so bound, you must not access or use the Service. Use of the Card after the effective date of any such Agreement, disclosure, rules, or notices constitutes acceptance of the same.
This user Agreement (“Agreement”) is a contract between you and us and applies to your use of the service and any related products and services available through www.snowy-pay.com. If You do not agree to be subject to the terms and conditions of this agreement, please do not use or access our service.
Please note underlined words and phrases are links to pages and Websites. By accepting this Agreement, you also agree that your use of other Snowy Pay Ltd. websites and services will be governed by the terms and conditions posted on those websites.
We may amend this agreement at any time by posting the amended terms on our website. except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.
Detailed instructions on how to use Your Card are found on the Website. You will need to follow these instructions when using Your Card.
You may make purchases in any available currency at any Merchant accepting MasterCard® as a form of payment.
You can also withdraw funds at any ATM machine displaying the MasterCard Acceptance Mark and at certain banks. Although the MasterCard logo may be displayed in some countries the Card may not operate there (due to restrictions of MasterCard).
Transactions in a currency other than the Card Currency will be converted in accordance with the Standard Conversion Rate. This amount, together with any fees that may be due, will then be deducted from the balance available on Your Card.
Your Account will be deducted immediately with the amount of each cash withdrawal or payment and will reduce the balance available in your account. If we do not deduct the value immediately, we reserve the right to deduct the value at a later time. We will also deduct any applicable fees as soon as they become payable by you, see the fees section for details of our fees.
Each transaction will require electronic authorization or validation before completion. Where authorization is not sought, the transaction will be declined.
If there are insufficient funds in your account to pay for a transaction the card may be declined or you may be allowed to pay the balance by some other means.
You agree to accept a credit to your account if you are entitled to a refund for any reason for goods or services purchased using the card.
If You authorise a transaction and We consider that all of the conditions set out below apply, We will (i) refund the full amount of the payment, (ii) provide you with our reasons for refusal, or (iii) request that You provide additional information as is reasonably necessary to verify that such conditions apply, within ten (10) working days of receiving your request or if so requested within ten (10) working days of receiving any such additional information required. The conditions are: a) You did not know the exact amount of the payment when you gave your authority; and (b) the amount charged exceeds the amount your reasonably expected to pay, taking into consideration your previous spending pattern, these Terms and Conditions and the circumstances of the transaction (excluding exchange rate fluctuations); and (c) You request a refund within eight (8) weeks from the date the funds were debited. No refund will be made if you have given us your consent for the payment to be made and, where applicable, details of the payment are made available to you by any means at least four (4) weeks before the payment due date.
We cannot stop a transaction or payment once you authorise the use of the Card.
You should get a receipt at the time you make a transaction or obtain cash using your card. you agree to retain your receipt to verify your transactions. You should compare your transactions regularly with the transaction history made available to you on our website.
You should not give the details of the Card to any merchant with a view to entering into any arrangement for periodic billing. Any debits made to Your account as a result of such arrangements will be considered to have been made by You.
Where you have requested an additional cardholder, you authorise the additional cardholder to authorise transactions on your behalf.
Fees payable by you will be deducted from your account balance. Transaction fees will be charged when the Transaction is executed. If your account balance is insufficient to cover the fees we may refuse to execute the payment. Reversal or chargeback fees will be deducted when incurred. We reserve the right to deduct fees accrued in the past whenever funds are again available in your account.
When You transfer funds to a third party through Our Service, the recipient is not required to accept the payment, even if the recipient is a Cardholder or otherwise registered with us. The recipient may return the payment or, in some cases, use our service to deny payments that you send. Any payments sent through us that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the date of such denial, or (b) 30 days after the date the payment is sent.
Your Information and your activities (including Your payments and receipt of payments) through Our Service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing Yourself a cash advance from Your Credit Card (or helping others to do so), (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools) if You live in a country where those activities are restricted by law; (e) violate Our Acceptable Use Policy; (f) be related in any way to the infringement of any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising); (h) be related in any way to defamatory, trade libellous, unlawfully threatening or unlawfully harassing activities; (i) be related in any way to child pornography; (j) be related in any way to digital malware, including; viruses, trojan horses, worms, time bombs cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (k) create liability for Us or cause Us to lose (in whole or in part) the Services of Our partners, vendors, or other suppliers. If You Use, or attempt to Use the Service for purposes other than sending and receiving payments and managing Your Account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, Your Account will be terminated and You will be subject to damages and other penalties, including criminal prosecution where available.
Use of Your Card is subject to all applicable rules and customs of any clearing-house or other association involved in transactions.
You shall comply with all applicable laws, statutes, ordinances, regulations, contracts and applicable licenses regarding Your Use of Our Services.
You may view each of Your transactions and the current balance through the Website in your online account. We do not issue printed statements. Transaction history will be available on the Website for up to 12 months.
8. Foreign Exchange
Any charges arising as a result of such transactions shall be borne by the Cardholder. Some Merchants and ATMs may offer You conversion from that country’s currency to your Card Currency. This may result in a double exchange. To avoid this, you should select the transaction to go through in the currency of the country you are in at the time.
9. Funding your Account
We may offer various options to place funds into our Account. Any options that may be offered are subject to be discontinued for any reason. We will publish a current list (if any) on Our Website.
If You choose a funding method using a payment instrument that may be subject to chargeback rights such as (but not limited to) credit, debit or direct debit, you declare that you will not exercise such chargeback right other than for non-authorised Use of the payment instrument or for a breach by us of this Agreement which would result in your having a right to a refund of the transferred amount. You may not charge back any transfer Transaction or allow a chargeback of any Transaction for reasons for which we are not responsible including (but not limited to) disputes with merchants for non-delivery of goods or services or insufficient balance on the payment instrument account. We reserve the right to charge You fees and expenses We incur in connection with such chargeback and any action undertaken to challenge the same. We may also charge You a chargeback fee, and close your account.
If a chargeback or reversal of an upload Transaction results in a negative account balance, you will be required to repay such negative balance by uploading sufficient funds into your Account. Failure to do so is a breach of this Agreement. Repayment of the negative balance is due immediately without notice, however, we reserve the right, at any time, to take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts.
If You use electronic Bank transfers to transfer funds to your Account, you agree that such requests constitute your authorization for such transfers. We will never make transfers from your Bank account without your authorization.
We accept no liability and are not responsible if you do not have enough funds in your account to complete a particular transaction.
You must not spend more money than you have in your account.
You may only use Your Card for transactions where the authorization is done via POS or 3D secure methods. Your Card may not be used for manually processed transactions including but not limited to “zip-zap” and “click-clack” machines.
When shopping online, you may be required to register for Secure code® by MasterCard in order to complete Your transaction.
If you pre-authorise a transaction, this will result in a reduction in the available balance on the Card for that amount for up to the next 30 days. If at the end of the period the transaction has not been completed, the balance will amend accordingly.
Your card cannot be used to pay at certain automated pay facilities that could allow your account to go into a negative balance.
Right of Merchant Recipients to Delay Payment Processing. When you authorise a payment to be sent to certain Merchant Users Your payment instruction will be valid for a variable period of time. Your payment will not be treated as transferred to the Merchant until the Merchant User chooses to process the payment within the period Your payment instruction is valid.
If at the time You authorise the payment You have sufficient balance to make the payment, We will, at that time, debit an amount equal to the payment from Your balance and highlight the Transaction as pending. You will not be able to access this amount even if the Merchant has not yet completed the processing of this payment. With Your consent, the Merchant may change Your final purchase price if the total amount changes due to taxes, shipping charges, item availability, item additions, or other conditions that You agree upon with Your Merchant.
Certain Merchants including Hotels, Rental Cars, and Cruise Lines may change the final purchase price to accommodate for taxes, shipping charges, item availability, item additions, or other conditions. For these Merchants, You agree to authorise more than the stated price when making a Transaction to cover these additional charges. ** Before agreeing to have your card authorised, we recommend that you get an invoice for the full amount showing taxes and other costs.
We act as an Electronic Money Institution; we accept payments on your behalf from and make payments to third parties. We act upon your directions and your requests to use our services that require us to perform tasks on your behalf. As required by law ALL CLIENT FUNDS ARE IN RING FENCED ACCOUNTS IN MAJOR INSTITUTIONS. We cannot not use your funds for our operating expenses or any other corporate purposes and will not make funds available to our creditors in the event of bankruptcy or for any other purpose as required by Law.
You are not required to carry a balance in your account in order to use the service. You agree that you will not receive interest or other earnings on the funds that we handle.
By initiating and sending payments through the service or adding funds to your balance, you appoint us as your agent to send the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and restrictions of this agreement. when you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds at all times, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
By receiving payments through the service, you appoint us as your agent to cause the funds to be deposited on your behalf in a bank account until You further instruct Us with respect to the transmission of Your funds. Through Our Website, you may provide instructions to withdraw the funds, or transfer the funds to a third party, in each case subject to the terms and restrictions of this Agreement.
We use many techniques to identify Our Cardholders when they register on our site. Verification of Cardholders is only an indication of increased likelihood that a Cardholder’s identity is correct. You authorise us, directly or through third parties, to make any inquiries We consider necessary to validate your registration. This may include verifying the information you provide against third party databases.
In the event that You have a dispute with one or more Merchants, Banks, or other service providers; You release us (and Our officers, directors, Resellers, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
We, our related companies, employees make no representations or warranties regarding the amount of time needed to complete processing because Our Service is largely dependent upon many factors outside of our control, such as delays in the Banking system or the mail service. Snowy Pay will process all payments in a timely manner in accordance with the terms and conditions within this agreement. Some countries, states, and provinces do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives you specific legal rights and you may also have other legal rights that vary from region to region.
In no event shall We, our related companies, subsidiaries, employees or Our suppliers be liable for lost profits or any special, incidental or consequential damages, from this Agreement (however arising, including negligence). Some countries, states, and provinces do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to You. Our liability, and the liability of Our related companies, subsidiaries, employees or Our suppliers, to You or any third parties in any circumstances is limited to the actual amount of direct damages.
You agree to indemnify and hold Us, our related companies, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of Your breach of this Agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party relating to Your Use of the Service.
You agree that we may incur substantial liability and/or suffer significant damages including fines and related expenses if you use the service in violation of local or international law. You agree that we are entitled to deduct such expenses directly from any existing balance in the offending Account, or any other Accounts you are associated with. We may also take legal action against you to recover damages.
You agree that, if We, or You, commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys’ fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.
12. Your Liability
In the event that You do not use IBAN account or Card in accordance with this Agreement, or We find that You are using the IBAN account or Debit Card fraudulently, We reserve the right to charge you for any reasonable costs that we incur in taking action to stop your use of the IBAN account and Card and to recover any monies owed as a result of your activities.
If You believe or have reason to believe that your Card PIN has become available to another person or that your Card has been misused, lost or stolen or that someone has transferred or may transfer money from your Account without Your permission, call +44 20 8123 2308 without undue delay which is accessible 24 hours a day, 7 days a week, or login to your account and suspend or block the card. Any delays in do so may well render you liable for any losses on the account.
If You notice a transaction on your account that you do not recognize, you must notify us without undue delay, and in any event no later than 30 days after the debit date. We will request that You provide additional written information concerning any error. We recommend that you check Your transaction history and balance at least once a week.
If you use your card at a merchant, and a dispute with the merchant arises, you agree to make a good faith effort to settle the dispute with the merchant. any claims concerning goods or services purchased with the card must be resolved by you directly with the merchant or seller who accepted the card, and any claim or defence that you assert will not relieve you of your obligation to pay us the total amount of the charge. You cannot stop payment to merchants for transactions made through the use of your card. if you are entitled to a refund for any reason for goods or services obtained with the card, you agree to accept credits to the card account in place of cash.
We will make a refund of the amount of any disputed transactions which are not authorised by you and you will not be liable for such unauthorised transactions on your Card unless you have acted fraudulently or have with intent or gross negligence failed to comply with these Terms and Conditions (including but not limited to your failure to notify Us of the loss, theft, misappropriation or unauthorised Use of the Card). Otherwise you will be liable for any unauthorised transactions that take place prior to your notifying Us.
If your card is lost or stolen or you failed to keep the security features of your card safe from misappropriation but took reasonable steps to do so, your maximum liability will be limited to €500 unless you are in breach of your responsibilities above in which case you may be liable for the whole loss.
If the circumstances and evidence available to us at the time that you brought an unauthorised transaction to our attention demonstrate that the debit was in fact authorised by you, and you still wish to continue to dispute the transaction as unauthorised, then we shall have the right to request that you provide additional written information and a statement signed by you concerning such error to show that the evidence on which we base our refusal for a refund is unfounded. You may be prosecuted if you bring any fraudulent claim for an unauthorised transaction against us whether or not you have received a refund.
If any subsequent investigations by us show that any disputed transaction was in fact authorised by you, or conditions previously described apply, We will not refund the transaction amount, or if a refund was initially made by us and our subsequent investigations showed that you were not entitled to such refund (or you failed to return a signed written statement to us within 10 business days of our request), We shall have the right to make an immediate recharge to your account. Under these circumstances We reserve the right to charge You an investigation fee and close your IBAN account and Card.
Where you are not liable for an unauthorised transaction, we will refund the value of that transaction and will have no further liability to you for any other losses you may suffer.
In the event that you do not use your IBAN account and card in accordance with this agreement or we find that you are using your IBAN account and card fraudulently, we reserve the right to charge you for any reasonable costs that we incur in taking action to stop you using your card and to recover any monies owed as a result of your activities.
After notifying us about the loss or theft of your Card, we will suspend your Account to limit Your losses.
Any refund decisions will be subject to the you acting promptly and in accordance with this section.
We must be satisfied that any loss or theft of funds from an IBAN account or Card has not been caused by your gross negligence or fraudulent conduct and that all loss is genuine before agreeing to replace lost or stolen funds.
Replacement funds for lost/stolen Cards will normally be available in the form of a replacement Card that shall be delivered to the address stated at the time of application. It is Your responsibility to inform us if You change address and we cannot be held liable for any loss of funds which occurs from Cards being sent to the wrong address.
The Card is for electronic use only. Should a non-electronic device be used to take the Card details, you will be liable for any losses incurred.
13. Our Liability
Like other payment debit cards, we cannot guarantee a retailer will accept your Card, or that we will necessarily authorise any particular transaction. You agree that we are not liable to complete transactions under the following circumstances:
Adequate funds have not been supplied by You.
The ATM does not have enough cash.
The electronic terminal / ATM is faulty.
Natural disasters, fire, communication system failure and/or computer failure.
Circumstances outside our reasonable control, including, but not limited to; sabotage, war, or acts of terrorism.
Access to your funds is on hold, subject to legal process or other encumbrance restricting their use.
A merchant refuses to accept Your card.
An act of government, police, legal process or court order.
Network rules prohibit our completion of the transaction.
Your Card has been reported lost or stolen.
If we have reason to believe the requested transaction is unauthorised.
If we cancel or suspend use of Your Card.
Unless otherwise required by law, we shall not be liable for any direct or indirect loss or damage You may suffer as a result of your total or partial use or inability to use your Card, or the use of your Card or IBAN account by any third party.
You must let us know as soon as possible if you change your name, address, telephone number, mobile number or e-mail address. If we contact you in relation to your IBAN account or card, for example, to notify you that we have cancelled your card, we will use the most recent contact details you have provided to us. Any e-mail or SMS text message sent to you will be treated as being received as soon as it is sent by us. We will not be liable to you if your contact details have changed and you have not told us.
You agree that We may keep the personal details about you, which you or others give us and these details include what You tell Us on Your application form to obtain a Card.
We may use and update this centrally held information to monitor transactions, undertake constant AML and KYC reviews, along with other security features implemented by Snowy Pay Limited to confirm identity and to combat fraud.
We may also use your information for research and statistical analysis in house only, in order to improve the services, we offer. If you ask, we will tell you what information we hold about you and provide you with a copy in accordance with the Data Protection Act and EU GDPR legislation. The fee for this is currently €10. The information we hold about you is confidential and will only be disclosed; (a) with your consent, (b) to banking partners and others in connection with running your Accounts and Card services for you, (c) to investigate or prevent crime, (d) when the law permits or requires it, even without your consent, or (e) if there is a duty to the public to reveal the information.
We may check what you have told us and share information with fraud prevention agencies. It is important that you give us accurate information. If you give false or inaccurate data and we suspect fraud, we will record this with a fraud prevention agency. If you ask, we will tell you which fraud prevention agencies we have used, so that you can get a copy of your details from them.
We monitor and record phone calls and Chats with you in case we need to check that we have carried out your instructions correctly and to help improve our quality of service.
If You need to replace Your Card for any reason, please contact us through the website www.snowy-pay.com or call us at +44 20 8123 2308 to request a replacement Card.
You will be required to provide personal information which may include your Card security number, full name, transaction history, copies of accepted identification, etc. There is a fee for replacing your Card.
A charge will be automatically deducted from your account if we issue a new Card as a replacement for a Card that is lost, stolen or damaged.
If You are unhappy in any way with how your IBAN account or Debit Card is managed, tell us by using the ‘Contact Us’ facility on the Website or by calling our Customer Support telephone line on +44 20 8123 2308, so we can investigate the circumstances for you. Any complaints you have will be dealt with quickly and fairly.
The following information must be contained in the notice relating to a disputed transaction; (a) Your name and the IBAN account / Card security number, but NOT Your PIN, (b) details of the error or the transaction you are unsure about and an explanation of why you believe it is an error or why you need more information; and (c) the exact amount of the disputed transaction.
If you tell us orally, We will in all circumstances require you to send written confirmation of your complaint or question within 10 business days. We will notify you of the results of the initial investigation within 30 business days after hearing from you. If you have any other queries or complaints regarding the IBAN account or Card, please refer to the Website. If You have any further queries, are dissatisfied with the standard of service, you think we have made a mistake in operating the Account or You require information about your personal information please contact us via our website or Our Customer Support service.
You shall be responsible for any disputes relating to any purchases you make using the Card with the Merchant who honoured the Card. You will also be responsible for any disputes relating to any purchases you make by way of SEPA/SEPA2, SWIFT, Giropay, SoFort, PayPal etc. We shall not in any way be liable in relation to any purchases You make.
If an ATM captures Your Card, it may take up to 28 days for us to investigate or longer if overseas. Subject to the results of our investigation, We will either close Your Account and refund You the balance or transfer your balance to a new Account. We are not liable in any way in relation to disputed amounts concerning ATM withdrawals.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than Euro 10.000, You or Snowy Pay Limited, may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in person appearance is required. In such cases, the arbitration shall be administered by an UK independent Arbitrator, in accordance with their applicable rules. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the UK. You and We agree to submit to the personal jurisdiction of the courts located within the UK.
We will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in the UK or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this section, the other party may recover attorneys’ fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
You have a legal right to cancel your IBAN Account up to 14 days after you have applied for an account, this 14-day period is known as the “Cooling-Off Period”. Under this Agreement, you also have the right to cancel your Card at any time after the 14-day Cooling-Off Period. If Your Card is cancelled, we will immediately block your Card so it cannot be used.
If you have used your card before cancelling, we reserve the right not to refund the postage/delivery charge or Annual Fee if applicable. You will also not be entitled to a refund of money you have already spent on transactions authorised or pending, or any fees for use of the Card before the Card is cancelled or expires.
You can cancel Your Card by sending an email to us using the ‘Contact Us’ function on the Website. Then cut Your Card in half through the signature box and magnetic strip, ensuring the Chip is cut in half, and send to Snowy Pay Ltd. Card Support Services, Kemp House, 160 City Road, London EC1V 2NX, UK with a print-out of your email requesting the cancellation. Your IBAN account will remain and active unless you have also requested for the IBAN account to be closed via the webpage.
If you cancel your IBAN account and Card, once all transactions and fees have been deducted, We will arrange for the balance of the IBAN account to be refunded to you by way of SWIFT or SEPA payment to your nominated named account. This account must be in your own name, we will not transfer to a third-party account. An Administration Fee will be charged (see The Fees section)
We may also cancel your IBAN account and debit Card immediately if we suspect fraud or misuse of your IBAN account or Debit Card, if we have any other security concerns or we need to do so to comply with the law. If we do this, we will tell you as soon as we can or are permitted to do so after we have taken these steps. In these circumstances, you must tell us what you want us to do with any unused funds within 3 months of the date we tell you your IBAN account or card is cancelled.
Your Card will be assigned an expiration date 36 months from the date of issuance that will either be displayed on the face of the card or be sent to You. When the card expires, we will automatically send you a replacement card if you have a positive balance in your IBAN account on the card’s expiry date. Replacement cards incur a fee (see The Fees section). If Your card has expired and you have not received your new card, please contact us.
You may close your IBAN Account at any time by using Our Website or calling Our Customer Support representatives. Upon closure of an Account, any pending POS or ATM Transactions must be processed. If any matters or transactions are in dispute, we reserve the right to place the account in quarantine, until such dispute is resolved.
You may not use closure of your IBAN Account as a means of evading investigation – if an investigation is pending at the time you close Your IBAN Account, We may continue to hold Your funds for up to 180 days or as appropriate to protect us against the risk of loss. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you. You will remain liable for all obligations related to your IBAN Account even after such Account is closed.
Without limiting other remedies, We may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately place a hold on funds in your Account, limit funding sources and payments, limit access to an Account and any or all of the Account’s functions (including but not limited to the ability to send money or make withdrawals from an the Account), limit withdrawals, indefinitely suspend or close Your Account and refuse to provide Our Services to You if: (a) You breach this Agreement or the documents it incorporates by reference; (b) We are unable to verify or authenticate any information You provide to Us; (c) We believe that Your Account or activities pose a significant credit or fraud risk to Us; (d) We believe that Your actions may cause financial loss or legal liability for You, Our Users or Us; or (e) Your Use of the Account is deemed by Us, MasterCard®, or any other Credit Card services network or governmental agency to constitute abuse of the Credit Card system or a violation of Credit Card rules.
We can suspend your IBAN account and Card at any time with immediate effect if; (a) a transaction has been declined because of a lack of available funds, or (b) 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 (c) for Your protection if We have reason to believe, as a result of our continuing monitoring that the Card may be being Used fraudulently; or (d) for Your protection, if We have reason to believe that there is a problem or have received a court order informing us to suspend services to you.
Notwithstanding, we reserve the right to terminate this Agreement on giving You not less than 60 days’ notice.
19. Dormant Accounts
If you do not access your IBAN Account for a period of three years, it will be classed as dormant and terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for You. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable laws regarding escheat of unclaimed property.
This Agreement is governed by and interpreted under the laws of the UK as such laws are applied to Agreements entered into and to be performed entirely within the UK.
We do not guarantee continuous, uninterrupted or secure access to Our Service, and operation of Our site may be interfered with by numerous factors outside of Our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. All Sections shall survive any termination or expiration of this Agreement.
You agree that this Agreement constitutes “writing signed by You” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other Agreements, notices or other communications regarding Your Account and/or Your Use of the Service (“Communications”), may be provided to You electronically and You agree to receive all Communications from Us in electronic form. Electronic Communications may be posted on the pages within Our Website and/or delivered to Your e-mail address. You may print a copy of any Communications and retain it for Your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not You have received or retrieved the Communication. We reserve the right but assumes no obligation to provide Communications in paper format. All our emails are tracked and monitored, with security features telling us time and date when the email was delivered and opened by the recipient. This evidence will be disclosed in any and all claims.
Except as explicitly stated otherwise, any notices to Us shall be given by postal mail to Snowy Pay Ltd., Attn: Legal Department, Kemp House, 160 City Road, London EC1V 2NX, United Kingdom. Any notices to You shall be given by email to the email address You provide to Us during the registration process. Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, We may give You notice by mail to the physical address provided to Us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
You may not transfer any rights or obligations You may have under this Agreement without Our prior written consent. We reserve the right to transfer this Agreement or any right or obligation under this Agreement without Your consent.
21. Monitoring of IBAN Account and Debit Card
You should treat Your Debit Card like cash. If it is lost or stolen, you may lose some or all your money in your IBAN account, in the same way as if you lost cash in your wallet or purse. as a result, you must keep your Debit card and account login details safe and not let anyone else use it or have access to it.
If You are issued with a PIN, you must immediately memorise it and destroy the notification. You must keep Your PIN secret at all times. Do not write it down or reveal it to anyone.
In no circumstances will we or should you reveal your PIN to a third party. In transactions where a PIN is required, use of your PIN will authorise such transactions and you will be liable for all transactions made with your PIN.
We recommend that you check the balance on your IBAN Account regularly online at the website. You can see your account balance and recent transactions online at any time.
If You lose Your Debit Card or it is stolen, or you suspect that your card has been used by someone other than you, you must tell us immediately by calling us on our 24 hour lost and stolen card helpline +44 20 8123 2308 so we can cancel your card. Alternatively login to your account where you can block or suspend your Debit Card.
In the event that your card is lost, stolen or misused by someone without your permission, you may have to pay part of the loss up to a reasonable sum of any loss incurred. if your card is misused with your permission you will be liable for all losses. You will not be liable for losses which take place after you told us about the loss or theft of your card, as long as you confirm this in writing within 7 days.
If, after reporting a lost Card, you subsequently find the card, you must not use it. Cut the Card in half through the signature box and magnetic strip, and ensure the Chip is cut in half.
If you only suspended your Card via your online account, you may unsuspend the card and continue to use it in the normal way.
If you ask us to do so, we will investigate any disputed transaction on your account or misuse of your Card, and we may need more information and assistance from You. If this assistance or information is not provided, then you may not be entitled to a refund.
We may refund the amount of any transactions which the investigations show is not authorised by you, provided you have kept your Card and PIN secure, you have not acted fraudulently, or acted without reasonable care. However, if the investigations show that any disputed transaction was authorised by you, or you have not kept your IBAN account details secure or Card or PIN secure, We will not refund the transaction amount and will charge You an Administration Fee. We also reserve the right to close your account with immediate effect.
You agree to cooperate fully in attempts to recover funds from unauthorised users and to assist in their prosecution.
We may at any time change this Agreement without notice to You. A copy of Our latest Agreement is available on Our Website.
We may cancel or suspend this Agreement at any time and in so doing cancel Your right to use your IBAN account and Debit Card.
Where a change is to occur that we determine will; (a) impose or increase a charge, or (b) increase your liability for losses concerning transactions with IBAN account and your Debit Card, We will give you notice of such variation of this Agreement by email, SMS, or post at least 60 days before making the change, unless a more immediate change is required by law or other valid reason.
If You are significantly disadvantaged by any such change that we make, you may close your IBAN account and your Card and you will not be charged an Account Closure fee.
This Agreement was last modified on July18th, 2019.
If You have an enquiry relating to your IBAN account or Debit Card, You can use the ‘Contact Us’ facility on the Website. We will deal with Your enquiry promptly. If You do not wish to enquire in this way You can alternatively call Our Customer Support telephone line on +44 20 8123 2308. Calling costs from mobile networks or outside the UK may vary. Physical correspondence may be directed to Snowy Pay Ltd., Kemp House, 160 City Road, London, EC1V 2NX, UK.
Snowy Pay Limited Swift BIC Code SNPAGB22
UK Data Protection Registration Number ZA563878 (ICO)
Snowy Pay is registered under the Electronic Money Directives by the Financial Conduct Authority, reference number 902722.
Snow Pay Limited is registered with the UK National Crime Agency for AML and CFT reporting