Debit Card Terms and Conditions

These Terms and Conditions apply to your use of the Debit Card. Please read them carefully and retain a copy for your records. You may request a copy of these Terms and Conditions, our current fee rates, and current Usage Limitations from us at any time using any of our contact methods. You can also obtain a statement of your recent transactions made using your Debit Card through customer support or your Tompay electronic money account.

The Debit Card is issued by Tompay LTD, registered in England and Wales. Registered address: Mocatta House, Trafalgar Place, Brighton BN1 4DU. Registered company number 12484741. Tompay LTD is authorised by the Financial Conduct Authority (FCA) as an Electronic Money Institution under the Electronic Money Regulations 2011 (with the FCA reference number: 931509) and is a direct participant of Mastercard Inc. scheme.

Definitions

In these Terms and Conditions:

"ATM" means an automated teller machine or cash dispenser bearing the Mastercard acceptance mark.

"ATM Transaction" means a transaction executed through an ATM for cash withdrawal.

"Contact Methods" means the ways through which you can contact:

• Tompay LTD
  • Service Hotline for your Tompay financial account: +44 01273 443842
  • Tompay Support Email Address: support@tompayment.com

"Balance" means electronic money loaded onto your Card account at Tompay using the top-up method specified in Section 2 of these Terms.

"Business Day" means any day (except Saturday and Sunday) when banks in England are open for regular banking operations.

"Card" means either the Debit Card or Virtual Card, and "Cards" shall be interpreted accordingly.

"Card-Present Transaction" implies that the card is physically presented to the merchant, allowing the transaction to be executed with a higher degree of security. The merchant can visually verify the card and may also use technologies to read the data (POS transaction) to confirm that the cardholder has authorized the transaction. This differs from card-not-present transactions (E-commerce Transaction), where additional complexities arise in verifying transaction legitimacy.

"Debit Card" means a Mastercard card issued by Tompay LTD in your name and linked to your Tompay card account. The Debit Card is an electronic money product regulated by the Financial Conduct Authority UK as an Electronic Money Institution under the Electronic Money Regulations 2011 (with the FCA reference number: 931509), and you can use it to make Transactions. For more detailed information about your Card, including information about how you can use it, see Section 4 below.

"E-commerce Transaction" means a transaction initiated by you to purchase goods or services via the Internet, and which, for the avoidance of doubt, includes any such transactions initiated via a mobile device.

"Fees" means the fees we may charge you from time to time for operating, and your use of, your Tompay card account and Cards, which form part of these Terms and Conditions as set out in the Appendix to these Terms and Conditions. These may include:

• Card issuance and delivery costs
• Ongoing monthly payments
• In certain circumstances - a fee for redeeming your balance ("Redemption Fee")
• Fees for using your Card to make transactions
• Fees for replacing lost or stolen Cards

We may also charge you a reasonable fee for conducting investigations if you request a refund for a Transaction and if the circumstances outlined in Section 9.3 apply.

Fee rates may change over time, and applicable rates at any time can be found in your electronic money account on Tompay's website or app.

"Mastercard Inc. / Mastercard" - an international payment system, multinational financial corporation uniting 22,000 financial institutions in 210 countries worldwide. The company's main headquarters is located in Westchester County, New York, USA. Worldwide, the core business is processing payments between acquiring banks serving merchants, issuing banks or credit unions using "Mastercard" brand debit and credit cards for payments.

"PIN" means the unique personal 4-digit identification number associated with your Debit Card that may be used to authorize POS transactions.

"POS Transaction" means a transaction initiated by you to purchase goods or services at a point of sale with card presence.

"Privacy Policy" means Tompay's privacy policy which, together with these Terms and Conditions, describes the basis on which any personal data we collect from you or that you provide to us will be received, processed and transmitted by us, as may be amended in accordance with its terms and as further explained and defined in these Terms and Conditions. A copy of our Privacy Policy can be found at https://www.tompayment.com/data-protection.

"Redemption Request" means your request to redeem your Balance in accordance with Section 11 of these Terms.

"Terms and Conditions" means these terms and conditions and includes the current fees set out in the Fee Schedule below. The Privacy Policy also applies to the relationship between us but does not form part of the Terms and Conditions.

"Tompay Card Account" - an electronic money account in a specific currency in the Tompay system, which the Client opens and maintains through the Tompay electronic money account and to which the Card is "linked". The card account balance is the available card balance subject to the Restrictions and Limits specified in these Terms.

"Tompay Multi-currency Current Account" - an electronic money account in the Tompay system, which the Client opens and maintains through the Tompay electronic money account.

"Tompay Card Account" means an account managed by Tompay and linked to your Card for funding transactions.

"Transaction" includes "E-commerce Transaction" and "Card-Present Transaction"

"Transaction" means any transaction that can be performed using your Tompay card account and Cards, including POS terminal transactions, e-commerce transactions and/or ATM transactions.

"Virtual Card" means a virtual Mastercard created by you through the website or app and linked to your Tompay electronic money account to enable you to make transactions.

"Card Limits" means the card limits applicable to your Tompay card account and Cards from time to time, which form part of these Terms and Conditions as set out in the Appendix. Card Limits applicable at any time can be found in your electronic money account on Tompay's website or app.

"User," "You" or "Your" means the person identified as having applied for Tompay accounts and Cards by registering their full name, date of birth, residential address, email address and mobile phone number with us.

"We," "us," or "our" means Tompay LTD - authorized by the Financial Conduct Authority as an Electronic Money Institution under the Electronic Money Regulations 2011 (with the FCA reference number: 931509).

1. Applying for Cards

1.1. To apply for a Tompay card account and Cards, you must open a Tompay electronic money account by following and completing all required steps from the terms & conditions for such accounts, which can be found via the link: www.tompayment.com/terms/.

In certain cases you will also be able to apply through agents and distributors of Tompay services. If the application has been made in such a way you will be able to manage your Cards via digital means of those third parties.

1.2. As part of this process, you need to:

a) Provide personal information (including your full name, date of birth, residential address, email address, and mobile phone number) or corporate information (firm name, registration number, registered address, tax identification number, business activities information, etc.) so we can verify your identity or legal entity

b) Read and accept these Terms and Conditions and our Privacy Policy

c) Have a valid identification document (passport or ID card) or company registration documents

1.3. If we are unable to verify your identity or legal entity in accordance with Section 1.2.(a) above, we may ask you to provide additional supporting documentation, including scanned copies or photographs of identification/corporate documents and proof of your residential/business address until we can successfully verify your identity. If we are unable to verify your identity or legal entity based on the documentation you provide, in certain circumstances we may ask you to provide certified copies of supporting documentation to help us verify your identity or legal entity.

1.4. If you have not completed any of the steps specified in Sections 1.2, 1.3 above and terms & conditions (www.tompayment.com/terms/) you will not be able to complete the application process for Tompay accounts and Cards.

1.5. Subject to successful completion of all required identity and other verifications, you will become able to order a Card. Please note - card issuance costs set out in the Fee Schedule or published on Tompay's website are for information purposes only. You will receive your applicable fees during the Card issuance procedure to your registered email address or Tompay account.

2. Funding Your Card Account

2.1. You can fund your current account and Card as described in this Section.

2.2. Your card account balance shall not under any circumstances exceed the limits specified in the Card Limits schedule.

2.3. You can fund your Tompay account by making a SEPA/SWIFT transfer to your multi-currency current account - banking details for funding the current account are available in your Tompay electronic money account.

2.4. We reserve the right to refuse acceptance of any specific top-up transaction or disable any specific top-up method without prior notice for the purpose of preventing fraud, money laundering, or any other criminal activity.

2.5. After funds are received in the current multi-currency account, you can order a card in your Tompay electronic money account by completing the mandatory details for receiving the card (residential address, email address, and mobile phone number) and paying (if necessary) all card issuance and delivery fees.

2.6. The Card Account Balance can be topped up after opening the Card through several methods: both by internal transfer from your multi-currency current account and by external transfer through SEPA/SWIFT systems - banking details for topping up the card account are available in your Tompay electronic money account.

3. Your Cards

Your Debit Card

3.1. Your Debit Card will be sent to your address that you provided to us in accordance with Section 2.5. above.

3.2. Delivery of your Card should occur within 5-10 business days from successful application for the Debit Card. If you have not received your Card within 10 business days, you must contact us immediately using one of the contact methods specified above.

3.3. When you receive your Card, it will be issued to you in an inactive state. You shall confirm the receipt of the Card. You will need to activate the Card via your electronic money account prior to using it. When you receive your Card, you must set the card receipt indicator in your electronic money account. Without this switch, your card will only work in virtual card mode. To activate your Card, you will be asked to provide certain data, including the secret code (CVC) located on the back of the card. After activating your Card, you will be able to make transactions using your Card in accordance with Section 4. If you do not activate your Card, any transactions that you attempt to carry out with it will be declined.

3.4. The PIN code for the Card is generated automatically and will be provided to you via your Tompay electronic money account. If you need to change the PIN code for your debit card, you can perform these actions in your Tompay electronic money account with mandatory verification of your OTP password for access to your electronic money account. After changing the PIN code in your Tompay electronic money account, you need to conduct the first operation with the debit card at an ATM or POS terminal, i.e., perform a POS transaction with the entry of the new PIN code. This way, the PIN code will be written to the card chip.

Your Virtual Card

3.5. Your Virtual Card will be automatically generated in your Tompay electronic money account after completing Section 2.5 and receiving confirmation from Tompay.

3.6. Your Virtual Card will include all the data you would expect to see on a plastic card, including card number, expiration date, and CVC number (i.e., the three-digit code on the back of the card).

3.7. Your Virtual Card will be stored in a secure section of your Tompay electronic money account, and you will need to enter an OTP password each time you want to view it.

4. Using Your Card

4.1. After activating your Card and subject to compliance with these Terms and Conditions and Card Limits in each case, you will be able to use:

a) Your Debit Card to make POS transactions and e-commerce transactions or to perform ATM transactions; and

b) Your Virtual Card to make e-commerce transactions, provided that in each case Mastercard payments are accepted.

4.2. We cannot guarantee that a specific retailer, ATM, or internet merchant will accept your Card. You should check with the relevant retailer, internet merchant, or check the markings on the ATM before attempting to make a transaction.

4.3. You should ensure that there are sufficient funds in your Tompay card account to cover the amount of the Transaction and any applicable Fees - you will only be able to perform Transactions using your Card within your Balance limit. Any Transaction you make using your Card will be deducted from the funds held in your Tompay card account.

4.4. The fees and card limits applied to your card account and your Cards are specified in the Appendix to these Terms.

4.5. The Card may only be used by the person to whom it was issued.

4.6. In order to prevent or cease unlawful operations with the Card, we shall be entitled to demand from you to block the Card and you shall be obliged to satisfy the above mentioned request immediately.

4.7. You shall not be allowed to damage the Card, to modify or reproduce the Card, or to allow such damage, modification or reproduction. In case the Card is damaged, you shall be entitled to apply to us for replacement of the Card.

4.8. You acknowledge and agree that if you are using the Card for transactions related to gambling and betting - additional fees will be applied which will be added to any standard fees and charges already applied.

4.9. We do not tolerate overdrafts, but if an unarranged overdraft has appeared on your financial account due to the use of the Card you are obliged to recover its amount without undue delay and as soon as you become aware.

5. Transaction Authorization

5.1. You will be asked to authorize each transaction at the time it is initiated by you through the Card as applicable. A transaction will be deemed authorized by you if you:

a) authorize a POS transaction by following the instructions provided by the merchant or retailer to authorize the POS transaction, which may include: i) entering your PIN; ii) signing a sales voucher; iii) inserting your Card into a card reading device for payment purposes; iv) swiping your Card through a card reader;

b) authorize an e-commerce transaction by following the instructions provided by the merchant or retailer to authorize the e-commerce transaction and providing the Debit Card or virtual card data and/or any other requested information; or

c) authorize an ATM transaction by inserting your Debit Card and entering your PIN to request a cash withdrawal.

5.2. Normally, we will receive notification of your authorization by way of an electronic message in line with the rules and procedures of the payment scheme (Mastercard network). Once we have received notification of your authorization to proceed with the transaction, the transaction cannot be stopped or revoked.

5.3. You shall agree that a transaction confirmation given following the procedures stipulated in this terms and conditions shall constitute an irrevocable confirmation (consent) by you with regard to the amount and other details stated in the document, or an ATM's or card POS terminal's display.

5.4. To perform authorisation of a transaction made using the Card on the Internet where the vendor ensures secure authentication (3-D secure), you shall make additional authorisation by confirming such Transactions with a one-time password derived from us.

6. Blocking Your Card Account and Your Card, and Refusing Transactions Made Using Your Card

6.1. We have the right at any time to suspend, restrict or cancel your card account and/or your Cards, or suspend or restrict access to your electronic money account, services and app, or refuse to issue or replace Cards for reasons related to the following:

a) we are concerned about the security of the current or card account and/or Cards we have issued to you;

b) we suspect that your current or card account and/or Cards are being used in an unauthorized, illegal or fraudulent manner;

c) we need to do so to comply with the law of any jurisdiction;

d) you inform us that your Card is lost or stolen, as detailed in Section 9; or

e) if the agreement between us has been terminated, as detailed in Section 7.

6.2. Unless informing you would compromise reasonable security measures or otherwise be unlawful, where practicable, we will inform you by phone or email, stating our reasons, before suspending, restricting or cancelling your card account and/or your Cards or suspending or restricting access to your electronic money account or refusing to issue or replace Cards. If it is impracticable to inform you in advance, and if it would not compromise reasonable security measures or otherwise be unlawful, we will inform you immediately afterward, stating our reasons.

6.3. We will unblock your card account and/or your Cards and provide you with the ability to restore access to your electronic money account as soon as practicable after the reasons for ceasing its use cease to exist, and will inform you by phone or email when we unblock your accounts and/or your Cards and provide you with the ability to restore access to your electronic money account.

6.4. We have the right to refuse to process a transaction:

a) if we believe you are acting in breach of these Terms;

b) if we believe the Transaction is potentially suspicious or illegal;

c) if the cost of the transaction you are attempting to make plus any applicable fees exceeds your Balance; or

d) if we are unable to process the Transaction due to errors, failures (mechanical or otherwise) or refusals caused by merchants, ATM operators, payment processors, card networks or payment systems that process Transactions.

6.5. If we refuse to process a Transaction, unless informing you would compromise reasonable security measures or otherwise be unlawful, we will inform you at the earliest opportunity and in any event by the end of the Business Day following the day we received the Transaction request. We typically inform you via an error message on the terminal or merchant's or ATM operator's website and, if applicable, information showing that the Transaction was not successful, although in some cases we may inform you by phone or email. You can contact Tompay using any of the Contact Methods to find out the reasons for refusing to process this Transaction and receive an explanation of how you can correct any information we hold that led to our refusal to approve the Transaction.

6.6. You can correct any information we hold that may have led to us declining a transaction by contacting us through any contact method.

7. Termination of Your Contract with Us

7.1. The agreement between us set out in these Terms will continue until terminated in accordance with this Section 7. Your Card will be valid for the period ending on the last calendar day of the month shown on your Card, after which we expect you to contact us and specifically request to extend the Card.

7.2. You have the right to terminate the agreement between us set out in these Terms at any time by giving us 30 days' notice by contacting us through one of the contact methods.

7.3. We have the right to terminate the agreement with you with immediate effect by giving you written notice if you breach an important part of these Terms, including:

(a) if you repeatedly breach these Terms and Conditions and cannot resolve the matter to our satisfaction in a timely manner;

(b) if you act in a threatening or abusive manner towards our employees or anyone acting on our behalf;

(c) if you have not paid any fees or charges you have incurred; or

(d) in the event of your death or incapacity.

7.4. We have the right to terminate the agreement with you for any reason by giving you at least 24 hours' written notice.

7.5. We may also immediately terminate the agreement with you and/or suspend your card account (including multi-currency current account and access to it through the electronic money account) if we believe your account and/or Cards are deliberately being used by you or anyone else to commit fraud or for other illegal purposes. If we do this, we will tell you by phone or email only to the extent we are permitted to do so by law, and you must immediately cease using your accounts (or attempting to access it through the electronic money) and your Cards.

7.6. If we or you terminate the agreement between us, then as soon as we are permitted to do so (and typically within 10 business days after you have contacted us where you are terminating this agreement), we will return any balance on your card account (after deduction of all pending transactions and applicable fees). Please note that to comply with applicable legal and regulatory requirements, including anti-money laundering and terrorist financing requirements, we may need to:

(a) verify your identity; and

(b) return this balance to the same bank account previously used to fund your current account.

7.7. After termination of the agreement between us, you will not be entitled to a refund of money you have already spent on authorized or pending transactions, or any fees for use of your card account or Cards incurred before termination of the agreement between us.

8. Keeping Your Card and Its Details Safe

8.1. The Card has been assigned to you exclusively for your use. The Card may only be used by the person to whom it was issued. It is important that you take all reasonable precautions and care to keep your card account details, as well as your Cards and data secure, and you must not allow your Cards to be used by anyone else. You must also keep your PIN secure and must not disclose it or allow it to be used by anyone else.

8.2. If your Debit Card is lost or stolen, or if you suspect that someone else knows your PIN, follow the instructions set out in Section 9 below. If someone else uses any of your Cards without your consent, and you have not reported this to us in accordance with your obligations in Section 9, you may lose the funds held in your card account, just as you would lose cash in your wallet or purse.

8.3. You must keep your PIN safe at all times. This includes:

(a) memorising your PIN as soon as you receive it;

(b) never writing your PIN on your card or on anything you usually keep with your card;

(c) keeping your PIN secret at all times, including by not using your PIN if anyone else is watching; and

(d) not disclosing your PIN to any person (this includes printed messages, emails and online forms).

You are responsible for keeping your card and its details (card number, validity or CVV code) safe. This means you must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a Transaction. You should be satisfied that the retailer or service provider is genuine and has taken adequate steps to safeguard your information before proceeding with the Transaction and supplying them with the Card or details.

When making a Transaction with the Card, you shall be obliged to supervise actions with the Card, and shall be responsible in full for risks arising as a result of card servicing if the Card comes into the possession of any third party.

8.4. We have the right to block your Card at any time if, in our reasonable opinion, you have failed to comply with any provisions of these Terms.

8.5. We recommend that you regularly check your transaction history in your Tompay electronic money account to identify any potential unauthorized use of your Cards and to check Transactions that you do not recognize. We will provide you with a statement of Transactions through your Tomapy electronic money account monthly, and you should keep this statement in your records for at least 18 months. Your statement will contain:

(a) information relating to each Transaction that will enable it to be identified;

(b) the amount of each Transaction shown in the currency in which that Transaction was paid or debited to your Card;

(c) the amount of fees for each transaction (if applicable);

(d) the exchange rate (if applicable) which applied to each transaction; and

(e) for each Transaction - the date on which we received your authorization, as described in Section 5.3 of these Terms.

8.6. Failure to comply with this may be treated as gross negligence and may affect your ability to claim any losses.

9. Reporting Security Breaches, Unauthorized or Incorrectly Executed Transactions

9.1. If you know or suspect that:

(a) Your Card has been lost, stolen or misappropriated,

(b) Your PIN or any other security information has been misappropriated or is known or used by someone who is not authorized to use it,

(c) You suspect it has been reproduced or otherwise has come to the disposal of a third person,

(d) or other Authentication means has become known or might have become known to a third person, or unauthorised use of the Card has occurred

You are obliged to immediately and block the Card without undue delay and as soon as you became aware:

(a) by using account via the app or website (is available at all times); or

(b) calling our Customer Services team hotline for your Tompay financial account: +44 01273 443842 (available on Business days). You will be asked to provide your card number and other information to verify that you are the authorised cardholder. Following satisfactory completion of the verification process, we will then immediately block any lost or stolen card to prevent unauthorised use and cancel any damaged card to prevent further use.

You can use the above mentioned means of communications to request unblocking of the Card.

9.2. If you believe that a transaction has been processed that was not authorized by you, or that a transaction was incorrectly executed, you must immediately contact Tompay via the service hotline. We may ask you, directly or through your Tomapy electronic money account, to complete a declaration form and return it to us promptly.

9.3. We have the right to investigate your claim that a transaction was not authorized by you, and, if permitted by law, we may charge a fee for this.

9.4. You shall be obliged to immediately supply us at our request with data on circumstances related to loss of card, disclosure of PIN-code to a third person, or unauthorised use of the Card.

9.5. If we believe (and can provide supporting evidence) you have acted fraudulently, or if we believe (and can provide supporting evidence) you have intentionally or with gross negligence failed to keep your Card or its details safe at all times, we will hold you liable for all Transactions and any associated fees.

10. Transaction Refunds

10.1. Subject to you notifying us in accordance with Section 9 above of an unauthorized or incorrectly executed Transaction without delay and no later than 13 months from the date the funds were debited for this Transaction, you may be entitled to a refund of that Transaction.

10.2. If an unauthorized transaction occurred as a result of loss, theft or misappropriation of your Card data, or your username and password used to access the electronic money account, or your PIN you can get in touch with us and initiate a request of claiming a refund as per the FCA guidance: www.fca.org.uk/consumers/fraudulent-payments, except for up to £35 of the transaction(s).

10.3. If an unauthorized transaction occurred as a result of your fraudulent actions or if you intentionally or through gross negligence failed to use your Cards in accordance with these Terms (including obligations to keep secure your Card data, your username and password for accessing the Tompay electronic money account, your PIN and any other security information), we will not make a refund and you will be liable for the full amount of all losses incurred.

10.4. If you are entitled to a refund, we will make it immediately or, if that is not possible, as soon as practicable after receiving your claim or any additional information we may request to investigate your entitlement to a refund. However, if after investigation we have reasonable grounds to believe that a refund was not actually due to you for any reason or that we made too large a refund, we may reverse that previous refund and you may be liable for any losses we incur as a result of your use of your Cards.

11. Withdrawing Funds to Your Account at Another Bank

11.1. You have a general right at any time to fully or partially redeem funds held in your card and/or current account. To do this, use your Tompay electronic money account or use any of the contact methods to request redemption and specify the amount to be redeemed (before deduction of any applicable fees).

11.2. To process your redemption request, we may ask you to provide us with documents, evidence, and other information to verify your identity so that we can comply with applicable legal and regulatory requirements.

11.3. We may also charge a redemption fee if one of the following circumstances applies:

(a) you request redemption before termination or expiration of these Terms;

(b) you cancel these Terms and Conditions before the agreed termination or expiration date; or

(c) You request redemption more than one year after the termination or expiration date of these Terms.

The amount of this Redemption Fee may change over time. Current Fee rates are shown in the Appendix to these Terms.

11.4. At our discretion, we may withdraw funds from your current account by making a refund to the same bank account that was previously used to fund your current account at Tompay.

12. Purchases from Retailers

12.1. We are not responsible for the safety, legality, quality or any other aspect of the goods and services purchased with the Debit card.

12.2. Where a retailer provides a refund for any reason (for example, if you return the goods as faulty) it can take several days for the notification of the refund and the money itself to reach us. As such, please allow 5-10 days from the date the refund was carried out for the refund to be applied to your Account.

13. Expiry of the Card

13.1. Validity of the Card is stated on the Plastic card (information of validity of Virtual card you can find in the Account). The Card is valid until the last day of its validity (inclusive). Upon expiry of validity of the Card, as well as in case the Card is blocked and a replacement card is issued, the same shall not be used. You shall be obliged to destroy a card with expired validity, e.g. by dividing the same in two parts.

13.2. We may also charge a redemption fee if one of the following circumstances applies:

(a) You have refused to receive such new card at least one month before expiry of validity of the current card or

(b) We have notified you of the rejection to issue a new card.

13.3. We shall debit your Account with the charge for the Card production without acceptance in accordance with the Price List. A new card shall be kept by us until being sent to you by post and/or through intermediary of third parties.

13.4. The "cooling off" period described in Paragraph 14 will not apply to any replacement card issued by us.

14. Additional Card

14.1. You may request us to issue the additional card in a form and according to the procedure prescribed by us.

14.2. You authorise us to issue the additional card and PINs to the additional cardholder and you authorise each additional cardholder to authorise transactions on your behalf.

14.3. All card transactions effected by the additional cardholder will be charged to the Account.

14.4. Where you request us for the additional card issuing to additional cardholder, you thereby:

(a) represent that all information about the additional cardholder provided by you is complete, accurate and true in all respects, and the additional cardholder's consent to providing such information to us for processing has been obtained. You commit to immediately inform us on all changes in the said information;

(b) commit to ensure that the additional card will be used only by the additional cardholder stated in the application for the Card issuing;

(c) undertake full liability for any fees, transactions, use or misuse of any additional card requested by you;

(d) commit to communicate the Agreement to the additional cardholders before he or she starts using the additional card and ensure that the cardholder complies with applicable provisions of the Agreement.

15. Liability

15.1. We will not be liable to you for any losses arising from:

(a) any unauthorized transaction where you acted fraudulently or where you intentionally or through gross negligence failed to use your account and Cards in accordance with these Terms (including obligations to secure the Debit Card, your Virtual Card data, your username and password used to access the electronic money account, and/or your PIN or any other security information);

(b) any abnormal or unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even if we had made all efforts to do so;

(c) your losses of you caused by damages or faults in the Card serving computer system, including your failure to use funds available in the Card account;

(d) refusal to accept the Card;

(e) quality of goods and services purchased with the Card being used;

(f) errors or unlawful action of the receiver of the transaction amount;

(g) any acts or omissions that are a consequence of our compliance with any applicable law;

(h) any merchant or ATM refusing to accept your Cards; or

(i) our compliance with applicable legal or regulatory requirements.

15.2. We are also not liable for:

(a) business interruption; or

(b) loss of income, reputation, goodwill, opportunity or anticipated savings; or

(c) any losses or damage that are not a direct consequence of our breach of these Terms.

15.3. We will make reasonable efforts to make your card account and Cards available to you, but we will not be liable to you for any losses or damage arising if they are unavailable for use at any time or if access is interrupted.

15.4. Except for losses specified in the sections above (for which we are not liable), and subject to the sections below, our maximum aggregate liability under or in connection with these Terms and Conditions, arising from contract, tort (including negligence) or otherwise, under any circumstances is to our own customer rather than the payee, and is limited to:

• refund the payer the amount of the payment transaction (e.g. if the payer's account has been debited and the funds sent to the wrong place);
• restore the debited payment account to the state it would have been in had the transaction not occurred at all

15.5. We do not guarantee or promise that the card account and/or Cards will meet your requirements, and you use the card account and Cards at your own risk.

15.6. You confirm that the information on the Tompay Account linked to the Card is provided and updated by you, and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of the information or to provide documents or other evidence.

15.7. You shall regularly reconcile payment transactions with your own records. We may contact you by e-mail or in other ways with information or notices regarding the Card. It is your sole responsibility to regularly check the proper functioning of your e-mail address or other methods of communication and to retrieve and read messages relating to the Card and linked accounts promptly. We shall not be liable for any loss arising out of your failure to do so.

16. Ownership and Protection of Information

16.1. For the effective provision of services under this Agreement, we will exchange your information with agents and receive your information from agents to the extent necessary to fulfill our obligations under this Agreement.

17. Changes to These Terms

We reserve the right to change the Terms and Conditions at any time. We will consider your interests affected by the proposed changes and will only make changes we consider reasonable. Exchange rate changes will take effect immediately if they change in your favor or if they arise from changes in the Mastercard reference rate from time to time. For all other changes, we will send you written notice by email at least one month before any proposed change to the Terms and Conditions, and provide you with a new version of the Terms and Conditions. If you disagree with the proposed change, you must notify us using one of the contact methods before this change takes effect, otherwise you will be deemed to have accepted the change to the Terms and Conditions.

18. Fees and Card Limits

18.1. Detailed information about fees and Card Limits applied to your card account and Cards is provided in the Appendix to these Terms. Fee rates and Card Limits applicable from time to time can be found in your electronic money account.

18.2. By accepting these Terms and Conditions and applying for accounts and Cards, you agree to pay the applicable fees associated with your use of the card account and Cards.

19. Your Data

You confirm that any information you provide to us is true, accurate, and current. You confirm that you will immediately inform us of any changes by contacting us through your electronic money Tompay account using one of the contact methods if you change your personal data. If we contact you regarding your electronic money account, we will use the most recent contact details you have provided to us.

20. Data Protection and How We Use Your Information

20.1. We are the controller of personal data that you provide to us (including, but not limited to, email address or other username and password). We will process your personal data in accordance with these Terms and Conditions and our privacy policy ("Privacy Policy"). Please read the Privacy Policy carefully as it contains information about how we use, transmit, store, and process your personal information. By using your Cards, you acknowledge that Tompay will use your personal information in this way.

20.2. Tompay also has a separate privacy policy that applies to your relationship with Tompay's financial account in addition to our Privacy Policy. You will be asked to accept Tompay's privacy policy when you become its customer. Please make sure you have read Tompay's privacy policy carefully.

20.3. If we suspect that we have been provided with false or inaccurate information, we may record our suspicions together with any other relevant information.

20.4. You should not provide us with personal data about anyone else (such as alternative contact persons) without first obtaining their consent or ensuring another legal basis for providing it to us in accordance with applicable data protection law and disclosure for such use in accordance with these Terms and Conditions and our Privacy Policy.

21. Assignment

We may transfer our rights and obligations under these Terms and Conditions to another company (including an affiliate of Tompay and/or its agents) at any time by giving you 2 months' written notice of this. If we do this, your rights under these Terms and Conditions will not be affected.

22. Complaints

22.1. If you have a complaint regarding your accounts and/or your Cards, you can contact us directly by email at support@tompayment.com or by calling +44 01273 443842, and we will try to resolve any complaints regarding your Tompay account and Cards quickly and fairly, in any case within 8 weeks of receiving your complaint. We will keep you informed of any progress or steps taken regarding the resolution of your complaint.

22.2. If we do not resolve your complaint regarding Tompay services, you may refer it to the Financial Conduct Authority https://www.fca.org.uk/consumers.

22.3. You may also refer a complaint regarding your Card to the European Court www.ec.europa.eu/odr. The platform is a web platform designed to help consumers who have purchased goods, services, or digital content online. It provides access to independent alternative dispute resolution services which are usually free for you.

23. Disputes with Merchants

If you have disputes about purchases made using your Cards, you must settle them with the person from whom you purchased the goods or services. We are not responsible for the quality, safety, legality, or any other aspects of any goods or services purchased using your Cards. Remember that once you have used your Card to make a purchase or withdraw cash, we cannot stop that transaction.

24. Severance

If any court or competent authority finds that any provision of these Terms (or any part of any provision) is invalid, illegal, or unenforceable, that provision (or part of it) shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

25. Applicable Law and Language

These Terms and Conditions are governed by English law and are subject to the exclusive jurisdiction of English courts. These Terms and Conditions are in English, and all communication with you will be in English.

Fee Schedule

Card Fees:

Card Limits: