TeslaPay » Prepaid Card Agreement

TeslaPay Prepaid Card Terms and Conditions

Effective from November 22^dof 2019

These Terms and Conditions apply to your use of TeslaPay Prepaid Card. Please read them carefully and keep a copy for your records. You can ask us at any time for a copy of these Terms and Conditions, our current rates of Fees and the current Usage Restrictions by contacting us using one of the Contact Methods. You can also obtain a statement of recent Transactions made by you using your TeslaPay Prepaid Card.

You will receive your TeslaPay Prepaid Card from TeslaPay UAB is an Electronic Money Institution, registered at J. Jasinskio g. 16, 03163 Vilnius, Lithuania, legal entity code 304715528, company is incorporated under the laws of Republic is Lithuania. Your TeslaPay Prepaid Card will be issued by Decta Limited, electronic money institution authorized and regulated by the Financial Conduct Authority as an Electronic Money Institution in the United Kingdom with registration number 900592 and a member of MasterCard International Incorporated. TeslaPay issues e-money on your TeslaPay Prepaid Card which is issued by Decta Limited.

Definitions:

ATM	an automated teller machine or cash dispenser bearing the MasterCard acceptance mark
ATM Transaction	a transaction carried out at an ATM to withdraw cash
Balance	means the electronic money loaded in your TeslaPay Wallet using one of the topping up methods set out in clause 2 of these Terms and Conditions
Business Day	any day (other than a Saturday or Sunday) on which banks in Lithuania are open for normal banking business
TeslaPay	UAB TeslaPay, a company incorporated under the laws of Republic of Lithuania with its registered office address at Dariaus ir Girėno g. 42A
TeslaPay website	the website owned and operated by UAB TeslaPay where you can access your TeslaPay Wallet information: https://my.teslapay.eu/
Contact Methods	the methods by which you may contact TeslaPay: – Service Live Chat available at: https://www.teslapay.eu/ – Support Self-Service: http://support.teslapay.eu – Service Email: [email protected] – Automated Phone Line for blocking your card: +370 5249 9960
“Decta”	Decta Limited (Company number 09926210) a company registered in England and Wales with its registered office at Suite 3, Third Floor, 62 Bayswater Road, London W2 3PH, United Kingdom and which is authorized and regulated by the Financial Conduct Authority as an Electronic Money Institution in the United Kingdom with registration number 900592
TeslaPay Card	either of the TeslaPay Prepaid Card or the TeslaPay Virtual Card and “TeslaPay Cards” shall be construed accordingly. This card is issued by Decta Limited pursuant to license by Mastercard International
TeslaPay Prepaid Card	the MasterCard card issued by Decta Limited in your name and which is linked to your TeslaPay Wallet. The TeslaPay Prepaid Card is an electronic money product regulated by the Financial Conduct Authority – it is a prepaid card and not a credit or debit card and it can be used by you to carry out Transactions. For more details about your TeslaPay Prepaid Card including how you can use it, please refer to clause 4 below
TeslaPay Virtual Card	the MasterCard virtual card generated by you via the TeslaPay Website and linked to your TeslaPay Wallet to enable you to carry out E-Commerce Transactions
TeslaPay Wallet	the prepaid account operated by TeslaPay and which is linked to your TeslaPay Prepaid Card in order to fund Transactions
E-Commerce Transaction	a transaction initiated by you to purchase goods or services over the internet and which, for the avoidance of doubt, includes any such transactions initiated through a mobile device.
Fees	the fees which we may charge you from time to time for us operating and you using your TeslaPay Wallet and TeslaPay Cards which form part of these Terms and Conditions as set out in the Annex to these Terms and Conditions. These may include: – ongoing monthly fees; – in certain circumstances, fees for redeeming your Balance (“Redemption Fee”); – fees for using your TeslaPay Prepaid Card to execute Transactions; and/or – fees for replacing a lost or stolen TeslaPay Prepaid Card. We may also charge you reasonable fees for undertaking investigations where you request that a Transaction is refunded and where the circumstances outlined in clause 9.3 apply. The amount of Fees can change over time and the applicable Fees at any time can be found via TeslaPay Website.
MasterCard	MasterCard International Incorporated
PIN	the unique personal 4-digit identification number which is associated with your TeslaPay Prepaid Card and which can be used to authorize POS Transactions
POS Transaction	a transaction initiated by you to purchase goods or services at a point of sale
Privacy Policy	TeslaPay’s and Decta’s privacy policy which, together with these Terms and Conditions, describes the basis upon which any personal data we collect from you, or that you provide to us, will be processed, handled and shared by us, as may be amended from time to time in accordance with its terms and as further explained and defined in clause 17 of these Terms and Conditions. A copy of the Privacy Policies can be found at www.teslapay.eu and www.decta.com
Redemption Request	a request from you to redeem your Balance in accordance with clause 10 of these Terms and Conditions
Terms and Conditions	these terms and conditions and includes the current Fees and Usage Restrictions set out in the Annex below. The Privacy Policy also applies to the relationship between us but does not form part of the Terms and Conditions
Transaction	any transaction which can be executed using your TeslaPay Wallet and TeslaPay Cards including a POS Transaction, an E-Commerce Transaction and/or an ATM Transaction
Usage Restrictions	any transaction which can be executed using your TeslaPay Wallet and TeslaPay Cards including a POS Transaction, an E-Commerce Transaction and/or an ATM Transaction
“User”, “you” or “your”	the person who is identified as having applied for the TeslaPay Wallet and TeslaPay Cards through the registration with us of your full name, date of birth, residential address, email address and mobile phone number

1. Applying for the TeslaPay Wallet and TeslaPay Cards

1.1 To apply for a TeslaPay Wallet and TeslaPay Cards, you must be of full legal age in your country of permanent residence and hold a valid national photo ID issued in that country.

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

(a) provide personal details (including your full name, date of birth, residential address, email address and mobile phone number) so that we may verify your identity; and

(b) read and accept these Terms and Conditions and our Privacy Policy.

1.3 Where we are not able to verify your identity in accordance with clause 1.2(a) above, we may ask that you provide further supporting documentation including scanned copies or photos of identification documentation (either your passport or driving license) and proof of your residential address until we are able to verify your identity successfully. If we are unable to verify your identity based on the documentation you have provided, in certain circumstances we may ask you to provide certified copies of the supporting documentation to help us verify your identity.

1.4 If you have not completed any of the steps set out in clause 1.2. above, you cannot complete the TeslaPay Wallet and TeslaPay Prepaid Card application process.

1.5 If you already have created a TeslaPay account there is no need to repeat identity verification process unless it is required due to some reasonable measures.

2. Topping up your TeslaPay Wallet

2.1 Subject to the satisfactory completion of any required identity and other checks, you can top up your TeslaPay Wallet as described in this clause 2 of these Terms and Conditions with funds to be used for Transactions.

2.2 The Balance on your TeslaPay Wallet must never exceed any limits specified in the Usage Restrictions.

2.3 You may top up your TeslaPay Wallet by addressing such request to the TeslaPay. Funds topped up in this way will be credited to your TeslaPay Wallet without delay after the receipt of valid funding instructions by us.

2.4 We reserve the right to refuse to accept any top up transaction or to disable any particular topping up method without notice in the interests of preventing fraud, money laundering or any other criminal activity.

3. Your TeslaPay Cards

Your TeslaPay Prepaid Card

3.1 Your TeslaPay Prepaid Card will be sent to your address as provided to us by you in accordance with clause 1.2(a) above.

3.2 Delivery of your TeslaPay Prepaid Card should occur within 5-10 Business Days of your successful application for a TeslaPay Prepaid Card. If you do not receive your TeslaPay Prepaid Card within 10 Business Days, you must contact us immediately using one of the Contact Methods.

3.3 When you receive your TeslaPay Prepaid Card, you must sign the reverse immediately. To activate your TeslaPay Prepaid Card, you will be asked to provide certain details including your full name and date of birth. Once your TeslaPay Prepaid Card is activated, you can carry out Transactions using your TeslaPay Prepaid Card in accordance with clause 4.

Your TeslaPay Virtual Card

3.4 Your TeslaPay Virtual Card will be automatically generated in the TeslaPay Website. You will be able to request your TeslaPay Virtual Card’s information by following the instructions in the relevant section of the TeslaPay Website.

3.5 Your TeslaPay Virtual Card will include all the details you would expect to see on a plastic card, including the card number, expiry date and CVV number (i.e. the 3-digit code on the reverse of the card).

Using your TeslaPay Prepaid Card

4.1 Once your TeslaPay Prepaid Card is activated and subject to these Terms and Conditions as well as Usage Restrictions in each case, you can use: (a) your TeslaPay Prepaid Card to carry out POS Transactions and E-Commerce Transactions or to execute an ATM Transaction; and (b) your TeslaPay Virtual Card to carry out E-Commerce Transactions, provided MasterCard payments are accepted in each case.

4.2 We cannot guarantee that a retailer, ATM or online merchant will accept your TeslaPay Prepaid Card – you must check with the relevant retailer, online merchant or check the ATM signage before attempting to make a Transaction. Your TeslaPay Prepaid Card is a “chip and PIN” card and you will be able to execute contactless transactions with your TeslaPay Prepaid Card.

4.3 You should make sure there are enough funds available in your TeslaPay Wallet to cover the amount of a Transaction and any applicable Fees – you will only be able to carry out Transactions using your TeslaPay Prepaid Card to the extent of your Balance. Any Transaction you make using your TeslaPay Prepaid Card will be deducted from the funds held in your TeslaPay Wallet.

4.4 The Fees and Usage Restrictions applying to your TeslaPay Wallet and your TeslaPay Cards are set out in the Annex to these Terms and Conditions

Authorizing Transactions

5.1 You will be asked to authorize each Transaction at the time it is initiated by you through the TeslaPay Prepaid Card or TeslaPay Virtual Card as applicable. A Transaction will be regarded as authorized by you where you:

(a) authorize a POS Transaction by following the instructions provided by the merchant or retailer to authorize the POS Transaction which might include: (i) entering your PIN; (ii) signing a sales voucher; (iii) inserting your TeslaPay Prepaid Card into a card reading device for the purpose of making a payment; (iv) swiping your TeslaPay Prepaid 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 by providing the TeslaPay Prepaid Card or TeslaPay Virtual Card details and/or any other details as requested;

(c) authorize an ATM Transaction by inserting your TeslaPay Prepaid Card and entering your PIN to request a cash withdrawal.

5.2 Subject to clause 5.3 below, you can withdraw or revoke your authorization for a Transaction at any time until the authorization is received by us, using one of the Contact Methods. Authorization for a Transaction may not be withdrawn or revoked by you once it is received by us although in the case of a POS Transaction, the merchant may give you a refund.

5.3 Your authorization for a POS Transaction, an E-Commerce Transaction or for an ATM Transaction will be received by us at the time we receive the POS Transaction or E-Commerce Transaction instruction from the merchant acquirer or at the time we receive the ATM Transaction instruction from the ATM acquirer, respectively. All these authorizations will be received by us almost instantaneously and it is unlikely that you will be able to withdraw your authorization for a Transaction before this time.

Blocking your TeslaPay Wallet and your TeslaPay Prepaid Card and refusing Transactions made with your TeslaPay Prepaid Card

6.1 We may at any time suspend, restrict or cancel your TeslaPay Wallet and/or your TeslaPay Cards, or suspend or restrict access to the TeslaPay Website or refuse to issue or replace the TeslaPay Cards for reasons relating to the following:

(a) we are concerned about the security of the TeslaPay Wallet and/or of the TeslaPay Cards that we have issued to you;

(b) we suspect your TeslaPay Wallet and/or TeslaPay Cards are being used in an unauthorized, illegal or fraudulent manner;

(d) you tell us that your TeslaPay Prepaid Card is lost or stolen as further detailed in clause 9;

(e) if the contract between us has been cancelled as further detailed in clause 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, giving our reasons, before suspending, restricting or cancelling your TeslaPay Wallet and/or your TeslaPay Cards or suspending or restricting access to the TeslaPay Website or refusing to issue or replace the TeslaPay Cards. If it is not practicable to inform you in advance and unless doing so would compromise reasonable security measures or otherwise be unlawful, we will inform you immediately afterwards, giving our reasons.

6.3 We will unblock your TeslaPay Wallet and/or your TeslaPay Cards and allow you to regain access to the TeslaPay Website as soon as practicable after the reasons for stopping its use cease to exist and will inform you by phone or email when we have unblocked your TeslaPay Wallet and/or your TeslaPay Cards and allowed you to regain access to the TeslaPay Website.

6.4 We may refuse to carry out a Transaction:

(a) if we believe that you are acting in breach of these Terms and Conditions;

(b) if we believe that a Transaction is potentially suspicious or illegal;

(d) if we are unable to carry out the Transaction due to errors, failures (whether mechanical or otherwise) or refusals caused by merchants, ATM operators, payment processors, card networks or payment schemes who are processing Transactions.

6.5 If we refuse to carry out a Transaction, unless informing you would compromise reasonable security measures or be otherwise unlawful, we will inform you at the earliest opportunity and in any event by the end of the Business Day following the day we have received the Transaction request. Normally we will inform you with an error message on the merchant’s or ATM operators’ terminal or website and if applicable, a receipt showing that the Transaction has not been successful, although in some instances we may inform you by phone or e-mail. You can contact the TeslaPay using any of the Contact Methods to ask for the reasons for refusing to carry out that Transaction and for an explanation of how you can correct any information we hold that led to our refusal to approve a Transaction.

6.6 You may correct any information we hold, and which may have caused us to refuse a Transaction by contacting us via any Contact Method.

Cancelling your contract with us

7.1 The contract between us which is set out in these Terms and Conditions will continue until cancelled in accordance with this clause 7. Your TeslaPay Prepaid Card will be valid for the period ending on the last calendar day of month indicated on your TeslaPay Prepaid Card, at which point we shall expect you to contact us and specifically request the renewal TeslaPay Prepaid Card.

7.2 You have the right to cancel the contract between us, which is set out in these Terms and Conditions, at any time with 30 days prior notice by contacting us using one of the Contact Methods or by requesting the same via TeslaPay Website.

7.3 We may cancel the contract with you, with immediate effect, by giving written notice if you break an important part of these Terms and Conditions, including: (a) if you repeatedly break these Terms and Conditions and fail to resolve the matter to our satisfaction in a timely manner; (b) if you act in a manner that is threatening or abusive to our staff or anyone acting on our behalf; (c) if you fail to pay when due any Fees or charges that you have incurred; or (d) in the event of your death or incapacity.

7.4 We may cancel the contract with you for any reason by giving you at least 2 months’ written notice.

7.5 We may also cancel the contract with you with immediate effect and/ or suspend your TeslaPay Wallet (including access to it via the TeslaPay Website) if we believe your TeslaPay Wallet and/or TeslaPay 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 e-mail only to the extent to which we are permitted to do so by law and you must stop using your TeslaPay Wallet (or attempting to access it via the TeslaPay Website) and your TeslaPay Cards immediately.

7.6 If we or you cancel the contract between us, then as soon as we are permitted to do so (and normally within 5 Business Days after you contacted us where you cancel this contract) we will return any Balance remaining on your TeslaPay Wallet (after the deduction of all pending Transactions and applicable Fees) to you. Please note that in order to comply with applicable legal and regulatory requirements, including anti-money laundering and terrorist financing requirements, we may need:

(a) to verify your identity; and

(b) to return that Balance to the same bank account of TeslaPay which has previously been used to top up your TeslaPay Wallet.

7.7 Once the contract between us has been cancelled, you will not be entitled to a refund of money you have already spent on Transactions authorized or pending, or any Fees for the use of your TeslaPay Wallet or TeslaPay Cards incurred before the contract between us was cancelled.

Keeping your TeslaPay Prepaid Card secure

8.1 It is important that you take all reasonable care and precautions to keep your TeslaPay Wallet details and your TeslaPay Cards and details safe and you must not allow your TeslaPay Cards to be used by anyone else. You must also keep your PIN safe and you must not disclose it or allow it to be used by anyone else.

8.2 If your TeslaPay Prepaid Card is lost or stolen, or if you suspect that someone else knows your PIN, please follow the instructions set out in clause 9 below. If someone else uses either of your TeslaPay Cards without your consent and you have not informed us in accordance with your obligations in clause 9, you may lose funds held in your TeslaPay Wallet in the same way as if you lost cash in your wallet or purse.

8.3 You must always keep your PIN secret. You should never disclose this security information to anyone. If you suspect that someone else knows your PIN, you should tell the TeslaPay as soon as possible using one of the Contact Methods so that the TeslaPay can give you information on how to change these details.

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

8.5 We recommend that you check your Transaction history through the TeslaPay Website on a regular basis to identify any potential unauthorized use of your TeslaPay Cards and to check for Transactions which you do not recognize. We will provide you with a statement of Transactions through the TeslaPay Website on a monthly basis and you shall keep that statement for your records for at least 18 months. Your statement will show:

(a) information relating to each Transaction which 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 TeslaPay Card;

(d) the exchange rate (where applicable) which applied to each Transaction; and

(e) for each Transaction, the date on which your authorization was received by us as described in clause 5.2 of these Terms and Conditions.

Reporting security breaches and unauthorized or incorrectly executed Transactions

9.1 If you know or suspect that: (a) your TeslaPay Card has been lost, stolen or misappropriated, or (b) your PIN or any other security information is misappropriated or known or used by someone who is not authorized to use it, you must tell the TeslaPay immediately by using Contact Methods.

9.2 If you think a Transaction that was not authorized by you has been processed or that a Transaction has been incorrectly executed, you must contact the TeslaPay immediately via Contact Methods. We may ask you to complete a declaration form and return it to us promptly.

9.3 We may investigate your claim that a Transaction has not been authorized by you and, where permitted by law, we may charge a fee for doing so.

Refunding Transactions

10.1 Provided that you notified us in accordance with clause 9.2 above of an unauthorized or incorrectly executed Transaction without delay and at the very latest within 13 months of the debit date of that Transaction you may be entitled to a refund of that Transaction.

10.2 If the unauthorized Transaction arose from the loss, theft or misappropriation of your TeslaPay Prepaid Card details or of your TeslaPay Virtual Card details or of your user name and password applying to your access to the TeslaPay Website or of your PIN or any other security information, we will refund the amount involved, except the first £50, for which you may be liable.

10.3 If the unauthorized Transaction arose from you acting fraudulently or where, with intent or gross negligence, you failed to use your TeslaPay Cards in accordance with these Terms and Conditions (including the obligations to keep safe your TeslaPay Prepaid Card and TeslaPay Virtual Card details, your user name and password applying to your access to the TeslaPay Website, your PIN and any other security information), we will not make any refund and you will be liable for the full amount of all losses incurred.

10.4 Where any refund is due to you, we shall make it immediately or, if that is not possible, as soon as practicable following receipt of your claim or of any further information we may request in order to investigate your right to a refund. However, if, following investigation, we have reasonable grounds to believe that a refund was not in fact due to you for any reason, or that we have made too large a refund, we may reverse that previous refund and you may be liable for any loss we suffer from your use of your TeslaPay Cards.

Redeeming funds in your TeslaPay Wallet

11.1 You have a general right to redeem funds held in your TeslaPay Wallet at any time in whole or in part. To do so, please use any of the Contact Methods to request a redemption and indicate the amount to be redeemed (before the deduction of any applicable Fees).

11.2 In order to process your Redemption Request, we may ask you to provide us with documents, evidence and other information to verify your identity to enable us to 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 are requesting redemption before termination or expiry of these Terms and Conditions; (b) you cancel these Terms and Conditions before any agreed termination or expiry date; or (c) you request redemption more than one year after the date of termination or expiry of these Terms and Conditions. The amount of this Redemption Fee may change over time. The current Fee rates are set out in the Annex to these Terms and Conditions.

11.4 We may redeem the funds in your TeslaPay Wallet, at our discretion, by arranging a refund to the same bank account of the TeslaPay which has previously been used to top up your TeslaPay Wallet.

Our liability

12.1 We will not be liable to you for any loss arising from:

(a) any unauthorized Transaction where you acted fraudulently or where, with intent or gross negligence, you failed to use your TeslaPay Wallet and TeslaPay Cards in accordance with these Terms and Conditions (including the obligations to keep safe the TeslaPay Prepaid Card, your TeslaPay Virtual Card details, your username and password applying to your access to the TeslaPay Website and/or your PIN or any other security information);

(b) any abnormal or unforeseeable circumstances outside of our control, where we could not have avoided those consequences even though we made all efforts to do so;

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

12.2 We will also not be liable for:

(a) business interruption; or

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

12.3 We will use reasonable efforts to make your TeslaPay Wallet and TeslaPay Cards available to you, but we will not be liable to you for any loss or damage arising if it is not available to use at any time, or if access is interrupted.

12.4 Other than the losses set out in the paragraphs above (for which we are not liable) and subject to the paragraphs below, our maximum aggregate liability under or in connection with these Terms and Conditions whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £50 in any 12 month period.

12.5 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

12.6 TeslaPay does not warrant or promise that the TeslaPay Wallet and/or TeslaPay Cards will meet your requirements and you shall use the TeslaPay Wallet and TeslaPay Cards at your own risk.

Ownership and protection of information

13.1 In order to effectively provide services under this Agreement we will be exchanging your information with the Decta and receive your information from the Decta to the extent necessary to perform our obligations under this Agreement.

13.2 By entering this contract with us you acknowledge having been in contractual relations with the TeslaPay and you explicitly authorize us to share such information as stipulated in clause 13.1 with Decta.

Changes to these Terms and Conditions

We reserve the right to change the Terms and Conditions at any time. We will consider your interests affected by the intended changes and will only make changes that we consider to be reasonable. Changes to exchange rates will take effect immediately where they move in your favor or where they result from a change to the reference rate of Mastercard from time to time. For all other changes, we will give you at least two months’ prior written notice via e-mail or via TeslaPay Website of any intended change to the Terms and Conditions and we will provide you with the new version of the Terms and Conditions. If you do not agree with the proposed change you must tell us via one of the Contact Methods before that change takes effect, otherwise you will be deemed to have accepted the change to the Terms and Conditions.

Fees and Usage Restrictions

15.1 Details of the Fees and Usage Restrictions applying to your TeslaPay Wallet and TeslaPay Cards can be found in the Annex of these Terms and Conditions. The Fee rates and Usage Restrictions applying from time to time can be found at the TeslaPay Website.

15.2 By accepting these Terms and Conditions and by applying for your TeslaPay Wallet and TeslaPay Cards, you agree to pay the applicable Fees relating to your use of the TeslaPay Wallet and TeslaPay Cards.

Your details

You confirm that any information you provide us with is true, accurate and up to date. You confirm that you will let us know immediately by using one of the Contact Methods if you change your personal details. If we contact, in relation to your TeslaPay Wallet we will use the most recent contact details you have provided to us.

Data Protection and how we use your information

17.1 We are a data controller of the personal data that you provide to us (including, without limitation, an email address or other username and a 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 provides information about how we use, share, store and process your personal information. By using your TeslaPay Cards you acknowledge that TeslaPay will use your personal information in this way.

17.2 Decta also has a separate privacy policy which applies to your relationship with Decta in addition to our Privacy Policy. You will be asked to accept Decta’s privacy policy when you agree with these Terms and Conditions. Please ensure you read Decta’s privacy policy carefully.

17.3 If we suspect that we have been given false or inaccurate information, we may record our suspicion together with any other relevant information.

17.4 You must not give us personal information about someone else (such as alternative named contacts) without first getting his or her consent for it to be used or securing another legal basis for transferring it to us in accordance with applicable data protection legislation and disclosed for such use in accordance with these Terms and Conditions and our Privacy Policy.

Assignment

We may assign our rights and obligations under these Terms and Conditions to another company (including to an affiliate of TeslaPay) at any time, on giving you 2 months’ prior written notice of this. If we do this, your rights under these Terms and Conditions will not be affected.

Complaints

19.1 If you have a complaint about your TeslaPay Wallet and/or your TeslaPay Cards you can contact us via one of the Contact Methods or contact Decta Limited directly by emailing [email protected] or calling +44 (0)20 3750 6062 and we will aim to deal quickly and fairly with any complaints you have about your Decta Wallet and Decta Cards and in any event, within 8 weeks of receiving your complaint. We will keep you informed of any progress or steps taken regarding the resolution of your complaint.

19.2 If we do not resolve your complaint about your TeslaPay Wallet and/or your TeslaPay Cards you may be able to refer it to the UK Financial Ombudsman Service. You can contact the UK Financial Ombudsman by telephone on: from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500 on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm or by post at The Financial Ombudsman Service, Exchange Tower, London E14 9SR, or by email: [email protected] The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.

19.3 You may also be able to refer your complaint about your TeslaPay Plastic Card to the European Commission Online Dispute Resolution platform at www.ec.europa.eu/odr. The platform is a web-based platform which is designed to help consumers who have bought goods, services or digital content online. It provides access to independent alternative dispute resolution services which are usually free for you to use.

Disputes with merchants

If you have any disputes about purchases made using your TeslaPay Cards, you should settle these with the merchant from whom you bought the goods or services. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased using your TeslaPay Cards. Remember that once you have used your TeslaPay Card to make a purchase or to withdraw cash we cannot stop that Transaction.

Severance

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

Governing law and language

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

Annex: Fees and Usage Restrictions

PAYMENT CARD FEES
Plastic card issuing*	€ 10.00
Activate your card (in Personal area MyTeslaPay)	Free of charge
Virtual card issuing*	€ 2.00
Replacement Plastic card	€ 10.00
Card shipping and handling (within EU) ~ 5-7 days (w/o tracking)	Free of charge
Card shipping (tracked)	€ 10.00
Monthly Service Charge	€ 2.00
Activation Fee	Free of charge
ATM Withdrawals (SEPA region)**	1.5% min 3.00€
ATM Withdrawals (Non-SEPA region)**	2.5% min 5.00€
Funds loading (card)*	0.00%
Purchases (SEPA region, EUR)**	Free of charge
ATM balance request fee	€ 0.50
Telegram balance request fee	Free of charge
ATM decline request fee	Free of charge
Currency conversation markup fee (card’s transactions)	2.50%
Card and account closing fee (manual processing)	€ 5.00
Additional service fee for handling (the EU card)	1,5-2,5 %
Additional service fee for handling (the non-EU card)	3-4 %
Reclamation/reclamation representment processing fee (Chargeback)	€ 9.00
CARD RESTRICTIONS
The maximum balance per card*	€ 10,000.00
The maximum monthly cash withdrawal*	€ 5,000.00
The maximum daily cash withdrawal*	€ 2,000.00
The maximum amount of one ATM cash transaction*	€ 1,000.00
* Card operations in another currency (non euro) will be included an exchanging commission 2.5%.

Effective from November 4^thof 2019

ABOUT US

TeslaPay UAB is an electronic money institution, registered at Dariaus ir Girėno Street 42A, Vilnius, Lithuania, legal entity code 304715528 and is considered as Data Controller of your information for the purposes of this Privacy Policy.

This policy describes how UAB TeslaPay collects and processes the personal data of its customers and shares it with third parties. Please read this document carefully as this policy is legally binding when you visit our Sites or use our Services. We value our relationship with you and place the highest importance on respecting and protecting your privacy, your personal information will be processed in accordance with applicable law and this Privacy Policy.

1. HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

1.1. We use a secure server and other secure implements to store the information we gathered about you. To keep your information as secure as possible, we have adopted internal rules on information security that include both instructions and measures to protect your personal data against being destroyed, lost or modified, as well as against unauthorized publication, and against unauthorized parties gaining access to or knowledge of the information.

1.2. As you will know, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data during transmission, and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to prevent unauthorized access.

1.3. We restrict access of your personal information to those TeslaPay employees who have a business reason for knowing such information. We provide continuous training to our employees about the importance of confidentiality and privacy of customer information. We maintain physical, electronic and procedural safeguards that comply with the relevant laws and regulations to protect your personal information from unauthorized access.

2. INFORMATION WE MAY COLLECT FROM YOU

We may collect the following information about you when you visit our Sites or use our Services:

2.1 Information you provide to us:

2.1.1. You may give us your personal data (e. g. your name, surname, date of birth, phone number and e-mail address) when you sign up to use our Services (e. g. when you create Tesla!D, etc.). This also includes information you provide through your continued use of our Services, participate in discussion boards or other social media functions on our Website or App, enter a competition, promotion or survey, and when you report a problem with our Services. This additionally may include date of birth, address, nationality, financial information (including credit card, debit card, or bank account information), payment reason, geographical location, occupation and your picture.

2.1.2. We may also need additional commercial and / or identification information from you which is needed to comply with our anti-money laundering obligations under obligations by applicable law.

2.1.3. In providing the personal data of any individual (other than yourself) to us during your use of our Services, you promise that you have obtained consent from such individual to disclose his / her personal data to us, as well his / her consent to our collection, use and disclosure of such personal data, for the purposes set out in this Privacy Policy.

2.2. Information we collect about you:

When you use our Services or access our Sites, for example, to send or receive money, to make purchases from merchants, we collect information about the transaction, as well as other information associated with the transaction such as amount sent or requested, amount paid for products or services, merchant information, including information about any funding instruments used to complete the transaction Technical Usage and Device Information, and Geolocation Information.

2.2.1. Technical Usage and Device Information – information we collect from your phone, computer or other device that you use to access our websites or Services. This information tells us how you use the websites and Services, for example, what you have searched for and viewed on the websites and the way you use our Services, including your IP address, your login information, statistics regarding how pages are loaded or viewed, browser type and version, the websites you visited before coming to the websites and other usage and browsing information collected through Cookies.

2.2.2. Geolocation Information – information that identifies your location obtained through GPS, Wi-Fi, or cell site triangulation. Some of our products may ask you for permission to share your current location. If you do not agree to our collection of the geolocation information, our websites or Services may not function properly when you try to use them.

2.3. Information about you from third parties we are working with:

2.3.1. banks which you use to transfer money to us may provide your basic personal information, e. g. name, address and your financial information such as your bank account details, etc.;

2.3.2. business partners may provide us your name, address and financial information, such as card payment information, etc.;

2.3.3. credit bureaus, state registers etc. may provide us your data on financial liabilities and debts, etc.:

2.3.4. analytics providers, advertising networks and search information providers may provide us with information about you, such as confirming how you found our website;

2.3.5. social media networks (e. g. Facebook or Google, etc.) may provide relevant information that is necessary to authenticate you and enable our services when you use these services to log in to our Services. We may receive access to certain information that you have provided to them, including your name, profile image and e-mail address. We use such information, together with any other information you directly provide to us when registering or using our Services, to create your account and to communicate with you about the information, products and services that you request from us. You may also be able to specifically request that we have access to the contacts in your social media account so that you can send a referral link to your family and friends.

Please note that when you visit a TeslaPay social media page, you are subject to all applicable terms of use and policies for that social media platform, including its privacy policy. You are also subject to TeslaPay policies, as well as its privacy policies and the privacy policies of its partners as stated in TeslaPay Terms of Service policy. To additionally protect your privacy, do not include your, or anyone else’s, personally identifiable information, including but not limited to personal codes, account numbers, card numbers or images of cards, phone numbers or e-mail addresses in any comment or post. If you do include personally identifiable information, your comment or post may be deleted.

3. USES MADE OF THE PERSONAL DATA

3.1. We use your personal data information in the following ways for:

3.1.1. For purpose of providing services to you – we collect and process your personal data in order to provide our services to you: to carry out our obligations relating to your contract with us and to provide you with the information (e. g. notify you about changes to our Services, updates of our Services, etc.), products and services (e. g. to administer our Services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, etc.). For this purpose, we process your personal data received from you (e. g., your data collected as a result of communicating with you, etc.), data obtained from your visits in our website and other websites and / or received from other persons (e. g., banks, private companies, etc.). For this purpose, we may provide or transfer your data to our partners who contribute to our Services for you, state and government institutions, etc. For this purpose, we may keep your personal data up to 2 (two) years after the termination of the business relationship with you.

3.1.2. For purpose of security – we process your personal data in order to keep our Services safe and secure (e. g. verify your identity to protect against fraud, comply any applicable legal and regulatory requirements and to confirm your eligibility to use our products and services). For this purpose, we process your personal data received from yourself and as a result of the use of our Services by you (e.g., your data collected as a result of communicating with you, etc.). For this purpose, we may keep your personal data up to 8 (eight) years.

3.1.3. For purpose of administration of debts and any disputes from the agreements – we process your personal data in order to ensure your payment for us and for the settlement of disputes from the agreements between you and us. For this purpose, we process your name, surname, telephone number, e-mail address, e-mails, letters, transfer data, residence address and your identities data of your person. For this purpose, we receive your personal data directly from yourself, from publicly available sources (e. g., Population Register, data provided by third parties, etc.) and from third parties. For this purpose, we keep your data until the end of the debt administration (debt liquidation) considering the limitation periods set by the legal acts. For this purpose, we may keep your personal data up to 10 (ten) years after the termination of the business relationship with you.

3.1.4. For purpose of administration of the work of the TeslaPay employees – we are obliged by law to collect and process some personal data of our employees.

3.1.5. For purpose of selection and data base of candidates to vacancies in the TeslaPay – we process personal data in order to find candidates to work with us. For this purpose, we process your personal data received from you (e. g., your CV, etc.) and received from other persons (e. g., recommendations of current or former employers, social networks, media, etc.). We process your personal data so that we can offer you the job and career opportunities in the future, find and select candidates to work with us, and evaluate candidates’ suitability for the proposed job. For this purpose, we may keep your personal data up to 6 (six) months.

3.1.6. For purpose of direct marketing – any in this Privacy Policy mentioned information that could be used for direct marketing purposes will be used only upon your given consent. You have a right to give, not to give or refuse this given permission of use of your personal data for marketing purposes at any time.

3.1.7. For purpose of improvement of websites that we control – we process your personal data, including any personal data that we receive from the use of our websites by you, to improve and develop our websites and to offer you better and more personalized services. For this purpose, we may keep your personal data up to 3 (three) months after you used our website.

3.1.8. For business communication purpose – we store your personal data for business communication (e. g. emails, chats, letters) and / or record any telephone conversation between us and you regarding to provisions of our Services with the purpose of safeguarding your and ours interests and / or conducting a quality check of the services provided by us and / or for the provision of a commercial transaction or other business communication evidence. For this purpose, we may keep your personal data up to 3 (three) years after you communicated with us.

4. PERSONAL DATA USAGE FOR DIRECT MARKETING

4.1. We may use your personal data for direct marketing purposes in order to provide you the offers and information about our Services (e. g. new products, etc.). For this purpose, if you have accepted TeslaPay Terms of Service and specified your e-mail and telephone number we process the following personal data and use your e-mail, name, surname and telephone number making it possible to disagree to such use of the personal data. If you do not have an Agreement with TeslaPay we process your personal data upon receipt of your additional consent.

4.2. We may use your information for direct marketing in the following ways:

4.2.1. to measure or understand the effectiveness of advertising we serve and to deliver relevant advertising to you;

4.2.2. to provide you with information about other similar goods and services we offer that are like those that you have already purchased or enquired about if you gave us the permission for direct marketing purposes which you can refuse at any time;

4.2.3. to provide you, or permit selected third parties to provide you, with information about goods or services we believe may of interest to you;

4.2.4. to combine third party information, we receive with the information you give to us and information we collect about you. We may use this combined information for the purposes set out above (depending on the types of information we receive);

4.2.5. to process applications for products and services available through us including making decisions about whether to agree to approve any applications;

4.2.6. we may use your personal data also to analyze and improve the effectiveness of our websites, advertising and market research, etc. In this case, we will use your depersonalized data.

4.3. Your personal data kept only for direct marketing purposes shall be processed for a maximum of 6 (six) months from the date of termination of the relationship with us, except in cases where you express disagreement regarding the processing of your personal data for above mentioned purposes. If you withdraw your consent, we will endeavour to terminate the processing of your personal data for direct marketing purposes from the date of receipt of your disagreement in the acceptable manner of writing.

4.4. Even if you have given your consent to the processing of your personal data for direct marketing purposes, you may easily withdraw this consent any time for all or some of the personal data processing activities. In addition, you may express your consent or disagreement on the processing of your personal data for direct marketing purposes at any time by submitting a respective notice to us in writing: sending e-mail to [email protected] or by post to UAB TeslaPay, Dariaus ir Girėno Street 42A, Vilnius, LT- 02189,

5. DISCLOSURE OF YOUR INFORMATION

5.1. We may share your personal data with the following data processors in order to perform the TeslaPay Services:

5.1.2. Fraud prevention agencies – in order to verify your identity, protect against fraud, comply with anti-money laundering laws and to confirm your eligibility to use our products and services.

5.1.3. Cloud storage providers – in order to safely and securely store your data with TeslaPay.

5.1.4. Banking and financial services partners – financial services providers that help us provide the TeslaPay Services including banking partners, banking intermediaries and international payments services providers.

5.1.5. Prepaid Card manufacturing / personalization and delivery companies – for creating your TeslaPay card and delivering it to you at your requested address.

5.1.6. Affiliates, business partners, suppliers and sub-contractors – for the performance and execution of any contract we enter with them or you.

5.1.7. Advertisers and advertising networks solely to select and serve relevant adverts to you and others;

5.1.8. Analytics and search engine providers that assist us in the improvement and optimization of our site;

5.1.9. Other persons and / or companies assisting us to carry out our business as well as direct marketing.

5.2. We may disclose your personal information to third parties:

5.2.1. if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

5.2.2. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Customer Agreement and other applicable agreements; or to protect the rights, property, or safety of TeslaPay, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;

5.2.3. to assist us in conducting or co-operating in investigation and prevention of fraud or other illegal activity where we believe it is reasonable and appropriate to do so;

5.2.4. in response to a subpoena, warrant, court order, or as otherwise required by law;

5.2.5. to protect our rights for breach of contract ant etc.;

5.2.6. to assess financial and insurance risks;

5.2.7. to help develop customer relationships, services and systems.

5.3. We do not publish a list of all the third parties with whom we share your data with, as this would be heavily dependent on your specific use of our Services. However, if you would like further information about who we have shared your data with, you can request this by writing to [email protected].

5.4. The ability of the above mentioned service providers to use your data is limited, e.g. they cannot use these data for any purposes other than providing services to us. We guarantee to you that your personal data will not be sold, provided or otherwise illegally transferred to third parties, and used for purposes other than those they were collected for.

6. WHERE WE STORE AND HOW WE SHARE YOUR PERSONAL DATA

6.1. The data that we collect from you may be transferred to and stored at secure and GDBR compliant servers. It may also be processed by staff operating in this destination, who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your payment order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

6.2. Remind you that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Services; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

6.3. In order to provide our Services to you, it is sometimes necessary for us to transfer your data to the third parties outlined in article 5. In these cases, we ensure that both ourselves and our partners take adequate and appropriate technical, physical and organizational security measures to protect your data. We also ensure we have appropriate contractual protections in place with these third parties.

7. DATA RETENTION

7.1. As a regulated financial institution, TeslaPay is required by law to store some of your personal and transactional data beyond the closure of your account with us. Your data is only accessed internally on a need to know basis, and it will only be accessed or processed if necessary.

7.2. We will delete data that is no longer required for the purposes stated in this Privacy Policy or / and relevant law or jurisdiction in which we operate.

7.3. In order to fulfil the requirements relating to the protection of personal data and legal certainty, that retention period is fixed at 8 (eight) years after the end of a business relationship or of an occasional transaction. However, if necessary, for the purposes of prevention, detection or investigation of money laundering and terrorist financing, and after carrying out an assessment of the necessity and proportionality, TeslaPay may perform the further retention of records for a period not exceeding an additional 2 (two) years.

Please note: Retention periods could be subject to change, depending on your location, regulatory requirements, or other legal obligations that we need to adhere to.

8. YOUR RIGHTS

8.1. You have the rights provided by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) including the following:

8.1.1. You have the right to ask for modifications to your personal data in case you believe that this personal data is not up to date or accurate.

8.1.2. You have the right to access your personal data that we process.

8.1.3. You have right to demand the destruction of personal data when they are no longer needed for the purposes for which they were collected, if they are processed illegally or when you cancel your consent to the processing of personal data or do not provide such consent, except the obligations required to us by law.

8.1.4. You have the right to ask TeslaPay for information about what your personal data is being processed (the right to be informed about) and the rationale for such processing.

8.1.5. You have the right to withdraw previously given consent for processing of your personal data for a purpose or disagree with the processing of personal data.

8.1.6. You have right to demand, if technically feasible, the provision of your personal data collected with your consent or for the purpose of performing the contract in an easily readable format, or to request their transfer to another data controller.

8.1.7. You have the right to ask us not to contact you for marketing purposes by contacting us at [email protected], or by adjusting your notification preferences in the “Settings” section of your account page.

8.2. You could make your requirements related to the implementation of your rights in person, by post or by e-mail specified in this Privacy Policy. Upon receipt of your request, we may ask you to provide a proof of identity and additional information necessary for the request.

8.3. We have the right not to comply with your requirements when it is necessary to ensure the following:

8.3.1. the state security and defence, important economic or financial interests of the state;

8.3.2. public order, prevention, investigation, detection or prosecution of criminal offenses;

8.3.3. the fulfillment of legal obligations imposed on us;

8.3.4. the prevention, investigation and detection of breaches of official or professional ethics;

8.3.5. the protection of rights or freedoms of yours or other individuals.

8.4. Upon receipt of your request, we will respond to you within 30 calendar days following the receipt of your application and the date of submission of all documents necessary for the response. If we consider it necessary, we will stop processing your data, except storage, until your application is resolved. If you legally withdraw your previously given consent, we will immediately but not later than within 30 calendar days terminate the processing of your personal data, except in cases specified in clause 8.3. above and in cases provided for by law.

8.5. If you disagree with our actions or the response to your application, you have right to complain about our actions to a competent state authority – State Data Protection Inspectorate.

8.6. Our Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility for them. Please check these policies before you submit any personal data to these websites.

9. COOKIES POLICY

9.1. The cookies are a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computer and then stored on your hard drive. We use cookies for analyse the use of our websites, for develop services to better meet your needs and for administrative purposes, such as tracking usage and login authentication. If you reject all cookies, you may not be able to use TeslaPay services that require you to “sign in” and you may not be able to take full advantage of all offerings.
Please see more detailed information about cookies by visiting https://www.allaboutcookies.org/.

10. CHANGES TO OUR PRIVACY POLICY

10.1. Any changes we may make to our privacy policy will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Policy.

11. CONTACT US

11.1. If you have questions about our privacy practices that are not addressed in this Privacy Policy, please email us at [email protected] .

Prepaid Card Agreement

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