Authorised User Terms of Use
These Authorised User Terms of Use contain your rights and duties for the use of the Fair For You ("Card"). Please read these Terms of Use carefully. In these Terms of Use “we”, “us” or “our” means [registered name] and “you” and “your” means you, the person authorised by us to access your Fair for You Enterprise CIC loan account (“Fair for You Enterprise CIC Loan Account”) and make purchases from retailers approved by us (“Approved Merchants”).
By using the Card you confirm that you have read and accepted these Terms of Use and that you are responsible for the use of the Card. These Terms of Use are between you and us You shall not acquire any right, title or interest in any Card except as expressly set out in these Terms of Use. You have been given use of the Card by us as your provider of a 'loan' product. The Card is issued and operated by AF Payments Limited (the "Issuer") to us and we have authorised you to use the Card. You acknowledge that You are not a customer of the Issuer and all rights and obligations owed by the Issuer are to us alone. The Issuer does not owe any legal liability to you to the fullest extent permitted by law. For any further questions please contact us, on the contact details provided to you. You must comply with any procedures or other instructions regarding the use of the Card as notified to you by us from time to time.
The Card
This Card is provided to you in connection with our provision to you of a 'loan' product (the "Loan Service").
The Card is linked to your Fair for You Enterprise CIC Loan Account and is subject to the indicative purchase limit of your Fair for You Enterprise CIC Loan Account. You may make purchases using the Card in Pounds Sterling only.
You are authorised to use the Card solely for the purpose of purchasing goods or services from Approved Merchants as part of our provision to you of the Loan Service ("Transactions"). Your use of the Loan Service, access to your Fair for You Enterprise CIC Loan Account and all Transactions remain subject to the terms and conditions you agreed to when you opened your Fair for You Enterprise CIC Loan Account, located here [link to loan terms] (“Fair for You Enterprise CIC Loan Terms”).
Your use of the Card may be prevented where you do not pass any identification and verification checks that may be required by us or the Issuer from time to time as part of any customer due diligence measures. You agree that we may pass any information required for such identification and verification checks to the Issuer in order for the Issuer to meet its legal and regulatory obligations.
Your use of the Card is subject to transaction limits, details of which will be provided to you by us from time to time. Your use of the Card and access to your Fair for You Enterprise CIC Loan Account also remains subject to the Fair for You Enterprise CIC Loan Terms which set out how and when we agree to provide credit to you. Any extension of credit and the provision to you of the Loan Service is by us alone and the Issuer will not provide you with credit in any manner whatsoever.
If you breach an important part of these Terms of Use or repeatedly breach any term of these Terms of Use, your use of the Card will be revoked and you will be prevented from completing or making any further Transactions.
A Transaction on the Card will be deemed authorised by you where you, following the instructions provided by a merchant:
a. use the Card to initiate a Transaction in accordance with section 1.8 below;
b. approve each Transaction when logged into your Fair for You Enterprise CIC Loan Account; and
c. we approve the Transaction in accordance with the Fair for You Enterprise CIC Loan Terms.
You can view your Transaction history at any time by logging into your Fair for You Enterprise CIC Loan Account.
A Transaction may be authorised by you where you:
a. approve a Card purchase made online inside your Fair for You Enterprise CIC Loan Account;
b. wave a compatible device that has your Card stored in a compatible digital wallet over a card reader;
c. waving or swiping the Card over a card reader;
d. enter Your PIN or provide any other security code;
e. sign a sales voucher;
f. provide the Card details and/ or provide any other details as requested;
A Transaction may be rejected in the following circumstances:
if we or the Issuer suspect that you are using the Card in an unauthorised or fraudulent manner;
if we or the Issuer suspect that a Transaction will break the law;
by us in accordance with the Fair for You Enterprise CIC Loan Terms; or
by us if you attempt to make a Transaction at a merchant that is not an Approved Merchant.
Refunds
Any refunds for goods or services purchased by you with the Card may only be returned as a credit to our account with the Issuer. You are not entitled to receive refunds in cash.
Neither we nor the Issuer accept any responsibility for the goods or services purchased by you with the Card. All such disputes must be addressed directly with the merchant providing the relevant goods or services. You may have a claim against the merchant if the goods or service are unsatisfactory, not supplied, supplied only in part or do not match the supplier's description. Any issue or dispute must be notified to us within 60 days of the purchase and you will only receive a refund where it is successfully received from the merchant. If you wrongfully make a claim, we will be entitled to charge you a fee for our costs pursuing the claim.
Keeping the Card secure and safe
You must keep the Card safe and secure. You must keep any passwords or login credentials related to the Card safe and notify us immediately if you believe their security has been compromised.
You must not:
allow another person to use security information related to the Card;
write down password(s) or any security information unless this is done in a way that would make it impossible for anyone else to recognise any of that information, or
disclose passwords or any security information, including the PIN for the Card, 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.
You must report to us immediately if the Card is lost or stolen or if you have concerns about a Transaction.
If You ask, We may replace a damaged Card. If We do this a fee may apply (see the Fees Table for details). You will be asked to provide Us with Your Card number and other information so that We can identify You.
Card expiry and new Cards
The Card is valid for the period stated on the Card, unless its use is terminated by the Issuer or by us in accordance with these Terms of Use. You will not be able to use the Card once it has expired. The Card may be renewed by the Issuer when it expires so that any Transactions can be effected in accordance with section 1. A fee may apply, which we will disclose to you in advance of the Issuer providing you with a new Card. The Issuer reserves the right to decline to issue a replacement Card.
Conditions of use
You agree that you are at least 18 years of age, a UK resident and that you possess the legal right and ability to be legally bound by these Terms of Use.
You acknowledge that the Issuer owes you no liability in any circumstances.
You acknowledge that the Card may only be used by you to make purchases at Approved Merchants, the list of which can be found in our directory which can be consulted at [link to merchant list].
Termination and suspension
We may terminate these Terms of Use prior to the expiry of the Card in the event that:
you breach any of the Terms of Use (including any terms found in our privacy policy located at [link to privacy policy] (“the "Privacy Policy") or if we believe you or the Card have been involved in any fraud or dishonesty or in an event of negligence by you;
you, or we have reason to believe that you are in violation of any law or regulation that is applicable to the use of the Card;
we have reason to believe that you are in any way involved in fraudulent activity, money laundering, terrorism financing or other criminal activity;
the Issuer can no longer process Transactions for any legal or security reason or due to the actions of any third party;
you refuse to co-operate in an investigation or to provide adequate id to Fair for You Enterprise CIC or security information or documentary evidence for verification when requested;
we or the Issuer have reason to believe that the Card poses a security, credit, fraud, business or reputational risk to us or the Issuer;
it is necessary to do so in order to comply with applicable law or regulation or Mastercard rules;
we or the Issuer are required to do so by any applicable regulatory body; or
you fail to pay any fees or charges incurred by you.
Fees
There are no fees payable by You for using the Card to make Transactions. As detailed in section 4, there may be fees payable for the renewal or issuance of a new Card.
Data and Privacy
We may share personal data (as defined under the Data Protection Act 2018 (the "DPA") and the United Kingdom General Data Protection Regulation as defined in section 3(10) and 205(4) of the DPA) with the Issuer for the purposes of the Card, any Transactions effected with the Card and any identification and verification checks required by the Issuer.
In using your Fair for You Enterprise CIC Card you agree that we can use your personal information in accordance with our Privacy Policy.
General
If you have any questions, comments, complaints or issues in relation to the Card or your use of the Card, please contact us using the following details: [email address/link to web help/telephone number]. Where necessary, we will contact the Issuer to resolve your complaint or issue and you should not contact the Issuer directly.
We may modify or amend these Terms of Use or any portion of them at any time. When we do so we will send you any new version by e-mail sixty (60) days prior to the change taking effect. We will take into account your interests when making changes to these Terms of Use and will not make changes with regard to the substantial rights and obligations of the parties under these Terms of Use. You are not obliged to accept any change and you have the right to object to a change within the sixty (60) day period prior the change taking effect. If you notify us of any objection then your refusal will be taken as your request to cancel your use of the Card. Otherwise, by using the Card after the date of the change, you agree to all such changes.
If any part of these Terms of Use are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms of Use are governed by English and Welsh law and all parties agree to the non-exclusive jurisdiction of the English and Welsh courts.