Fair for You Card - Customer Terms & Conditions

These terms and conditions apply to your prepaid reloadable Fair for You Card (Card) and its use. You must read them carefully. In these terms and conditions “you” means the Cardholder and the authorised user of the Card. “We”, “us” or “our” means EML Payments Europe Limited or PerfectCard DAC acting on its behalf. “Website” means the program website at https://www.fairforyou.co.uk/

1. Your Card

Your 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 Card.

Using the Card, indicates your agreement with these terms and conditions.

2. Loading your Card

The amount you can load onto your Card is up to a maximum amount of £500. 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 Card without delay.

3. Using your Card

Information on where and how to use your Card are found on the Website and you will need to follow these instructions when using your Card.

You can use the Card at any participating retailer in the Fair for You program. Before using the 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 Card after its Expiry Date.

We will deduct the value of your transactions from the balance on your 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 Card, the Card always remains our property.

Figures below represent the lowest and highest load balance depending on where the card is purchased.

Card Maximum Load £500
Card Maximum Balance £1,500
Min Load £5

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 as follows:
Tel: 0333 433 0739
E: contactus@fairforyou.co.uk

We reserve the right to, at any time suspend, restrict or cancel your Card or refuse to issue or replace a Card for reasons relating to the following:

a) we are concerned about the security of your account or 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 Card. We may also refuse to pay a transaction:

a) if we are concerned about security of your Card or we suspect your Card is being used in an unauthorised or fraudulent manner;

b) if sufficient funds are not loaded on your 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 these terms and conditions or the program agreement to which these terms and conditions relate;

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 Card, the authorisation of a transaction can include authorising any single transaction, or pre-authorising future transactions of a certain or uncertain amount.

A 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 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 Card

The Card will expire 60 months from the date on which it was purchased (the Expiry Date). After the Expiry Date, you cannot use the Card but you can request a replacement Card or access any funds not yet drawn down 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 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 or funds not yet drawn down as appropiate. If your Card is cancelled, we will immediately block your 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 Card before the Card is cancelled or expires.

You can cancel your Card by contacting Customer Services. If you cancel your 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 replacementCard to be activated immediately for the value of any remaining funds not yet drawn down 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 Card.

Upon the Expiry Date of the Card, any amount of the loan represented by the Card not drawn down by the Cardholder will be returned to Fair for You and the Cardholder’s liability to repay any loan amounts owing to Fair for You reduced accordingly.

7. Keeping your Card secure

You should treat your Card like cash. If it is lost or stolen, you may lose some or all of your money on your Card, in the same way as if you lost cash from your wallet or purse. As a result, you must keep your Card safe and not let anyone else use it.

We recommend that you check the balance on your Card regularly online at the Website.

8. Lost or stolen Card and unauthorised or incorrectly executed transactions

You must tell Customer Services without undue delay if you know or suspect that a 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 Card secure), you may be liable for any loss we suffer because of the use of the Card as well as criminal or other proceedings.

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,

b) consequences which would have been unavoidable despite all our efforts to the contrary; or

c) a retailer refusing to accept your Card (unless we have acted negligently or willfully in this regard); or

d) our compliance with legal and regulatory requirements; or

e) loss or corruption of data unless caused by our negligence or willful default

10. 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 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 info@perfectcard.io 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.

11. 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 Card in accordance with clause 10 above and you will not be charged a Redemption Fee.

12. The Fees

We do not charge any fees for checking your balance online and transactions. However, the following fees do apply:

Fee Description Amount Frequency
Card Replacement Fee up to £10 Payable upon each Card replacement

13. Disputes with Retailers

If you have any disputes about purchases made using your 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 Card. Remember that once you have used your Card to make a purchase we cannot stop that transaction.

14. Customer Services

If you have any enquiry relating to your Card, you can contact Customer Services at contactus@fairforyou.co.uk, call the number on the back of your card.

15. Complaints

The Card is managed by EML Payments Europe Limited. If you are unhappy in any way with your Card or the way it is managed, you should first contact Customer Services. If you are still unhappy contact us at cardsupport@emlpayments.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: info@fspo.ie or by using their online facility to submit a complaint.

16. Compensation

The 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 Card.

17. Assignment

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.

18. Severability

If any term of the agreement is invalid, the remainder thereof shall remain unaffected.

19. Governing Law

This Agreement is concluded in English. All communications with you will be in English wherever possible. This FX Services Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Ireland.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.

20. 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 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.

21. Card Issuer

The e-money associated with your 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 Card is issued by EML Payments Europe Limited.