Card Terms EEA

Your TAP Card is issued by us pursuant to a licence from the Scheme and your rights and obligations relating to the use of the TAP Card are subject to this Agreement.

You can download or print the latest version of this Agreement at any time from the Website and/or request a paper copy from Customer Services.

Your TAP Card is an e-money product; it is not a credit, charge or debit card or connected in any way to your bank account.

To apply for, and use, a TAP Card you must be at least 18 and a resident of the EEA.

TAP Cards may be obtained by making a request from within the TAP App.

Regardless of the type and number of TAP Cards you have, you are permitted to have only one TAP Account where your Available Balance is located. If we discover that you do have more than one TAP Account, we may block your TAP Card and terminate this Agreement.

When you receive your Physical TAP Card, you must sign it immediately and then visit the TAP App to activate it. You can activate your Virtual TAP Card via the TAP App.

Provided we have been able to undertake KYC, you shall receive an activation confirmation by email or on your Online Account and you will be able to use the TAP Card.

When entering into Transactions over the internet, some websites may require you to enter your Personal Details and, in such instances, you should supply the most recent Personal Details that you have provided us with.

You must notify us of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in your Online Account. You will be liable for any loss that directly results from any failure to notify us of a change in your Personal Details as a result of undue delay, your gross negligence or fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you as applicable.

We reserve the right at any time to satisfy ourselves as to your Personal Details (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your TAP Account, you authorise us to undertake electronic identity verification checks on you either directly or using relevant third parties.

Funds may be added to your TAP Account by any of the permitted methods set out in the “Loading Fees” section of the Fees and Limits Schedule.

To load your TAP Card by debit card, you must use a debit card that has been issued by a regulated financial institution in the EEA and registered in the same name and address as your TAP account. You may also load your card via bank transfer from a bank account in your own name.

We reserve the right to request KYC documents and verification of your source of funds at any point.

Fund loading limits may vary according to the type of TAP Card and as set out in the Fees & Limits Schedule.

Your use of the TAP Card is subject to the Fees detailed in the Fees & Limits Schedule, which shall be deducted from the Available Balance.

Unless we inform you otherwise, you can use the TAP Card at any Merchant who accepts the Scheme to carry out Transactions.

You must always ensure that you have sufficient Available Balance for each Transaction you authorise (including value added tax and other taxes, duties and applicable fees). If the Available Balance is insufficient to pay for a Transaction, some Merchants may not permit you to combine the use of your TAP Card with other payment methods.

If for any reason a Transaction is carried out but its amount exceeds the Available Balance, you must pay us the deficit immediately, and if you fail to do so after receiving a notification from us, we reserve the right to take all necessary steps, including legal action, to recover this deficit.

There are certain circumstances where a Merchant may require you to have an Available Balance greater than the value of the Transaction you wish to make and you will only be charged for the actual and final value of the Transaction. Merchants may request this as they may need to access more funds than you initially planned to spend for example, when making hotel or rental car reservations. In the event that a Merchant has prior authorization on your TAP Card, you will not have access to the relevant funds until the Transaction is completed or, if sooner, up to a period of 30 days. We will only block access to the exact amount of funds authorised by you.

Your TAP Card cannot be used where such Merchants are unable to obtain online authorisation that you have sufficient Available Balance for the Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths). We accept no liability if a Merchant refuses to accept payment using the TAP Card.

We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person.

You must not use the TAP Card for:

Pre-Authorised regular payments; or

Transactions at self-service petrol pumps; or

Unattended “Offline” tollways; or

Any illegal activities

You will need to give your consent to each Transaction so that we can check it is genuine by, where applicable, a) using your PIN or other security code personal to you; b) signing a sales voucher; c) providing the TAP Card details and/or providing any other details personal to you and/or your TAP Card. Once you have given such consent to the Transaction, it will be deemed to be authorised.

The time of receipt of a Transaction order is when we receive it.

Once a Transaction has been authorised by you and received by us, it cannot be revoked.

Where a Merchant’s payment service provider is located within the EEA and the payment services being carried out are in the currency of an EEA Member State, we shall ensure the cash transfer to the Merchant’s payment service provider within 4 Business Days following the day on which the Transaction order is received.

Certain Merchants may not accept payments made through the TAP Card and we accept no liability for this: it is your responsibility to check the restrictions of each Merchant.

Your ability to use or access the TAP Card may occasionally be interrupted, for example if we need to carry out maintenance on our systems or websites or if any of our third party providers need to carry out maintenance to their systems or websites. Please contact Customer Services to notify us of any problems you are experiencing using your TAP Card or TAP Account and we will try to resolve these as soon as possible.

We shall make a PIN available within the TAP App for your use with your Physical TAP Card. You will need this PIN in order to make physical purchases or to make cash withdrawals from an ATM or at a bank.

If you forget your PIN, you should revisit the TAP App to view it again.

When ordering a TAP Card on the TAP App, you will be prompted to create a Username and Password. You will need this Username and Password to access your TAP Account and perform the following functions (as well as any other functions specified in the Website or App) in relation to your TAP Card:

change your telephone number;

check your Available Balance;

check your Transaction Details; and

change your Password.

You must not give your TAP Card to any other person or allow any other person to use it.

You are responsible for your TAP Account, TAP Card, PIN, Online Account and any related security details and must take all possible measures to keep them safe and entirely confidential. Such measures include (but are not limited to):

memorising your PIN as soon as you receive it

never writing your PIN on your TAP Card or on anything you usually keep with your TAP Card;

keeping your PIN secret at all times for example, by not using your PIN if anyone else is watching.

Failure to comply with this condition 8 may affect your ability to claim any losses in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with undue delay or with gross negligence. In all other circumstances, your maximum liability shall be as set out below at condition 2.

If you believe that someone else knows your Online Account, PIN or TAP Card security details, you must notify us by contacting Customer Services immediately.

In the event that we suspect or believe that your TAP Card may be subject to any fraud or security threats, we will notify you securely via a message in the TAP App or via telephone, during which we will ask you to answer security questions to confirm your identity.

Once your TAP Card has expired or if it is found after you have reported it as lost or stolen you must destroy it by cutting it in two through the magnetic strip.

In some rare instances, offline transactions or a large swing in foreign exchange rates could cause your account to go into a negative balance.The TAP Card Terms & Conditions you agreed to when opening your account specifically disallow this, if for any reason you have a negative balance, you agree to immediately add the required amount to correct the negative balance.TAP will notify you if your account has a negative balance and allow you up to 7 business days to add money. If after that time, TAP will attempt to correct the balance automatically by exchanging from your other Fiat or Crypto wallets or by attempting to add the outstanding value from any registered debit card you have added to your account. Failure to maintain a positive balance may cause your account to be terminated immediately.

If you have ordered your TAP Card online, you may cancel it free of charge before activating and using it, and up to 14 calendar days after the date of activation (the Cancellation Period) by writing to Customer Services. This does not apply to replacement TAP Cards where the cancellation period for the original TAP Card has expired.

You may also terminate your TAP Card at any time by contacting Customer Services and exercising your redemption rights under condition 10.

Once we have received all necessary information from you (including KYC) and all Transactions and applicable fees and charges have been processed and deducted, we will refund any Available Balance to you provided that:

you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and

we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.

Once your TAP Card(s) has been cancelled, it will be your responsibility to destroy your Physical Card(s).

If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Card(s) or we receive a reversal of any prior funding Transaction, we will notify you of the amount and you must immediately repay to us such amount on demand.

You will not be able to use your TAP Card following its Expiry Date. This Agreement shall terminate on the Expiry Date unless you are issued with a new TAP Card.

You may redeem your Available Balance by contacting Customer Services at any time while your TAP Account is open. Once your TAP Account is closed, and subject to any legal obligations with which we must comply, you will be able to redeem your Available Balance at any time within six years from the date this Agreement was terminated. When we process your redemption request, we may require you to provide us with KYC information and/or documents in order to verify your Personal Details in accordance with legal requirements. We may charge you a redemption fee if you request redemption of your available balance before or up to 12 months after expiry of this agreement.  Any such redemption fee is set out in the Fees & Limits Schedule.

We shall have the absolute right to set-off, transfer, or apply sums held in your TAP Account or TAP Cards in or towards satisfaction of all or any liabilities and fees owed to us that have not been paid or satisfied when due.

When this Agreement is terminated, your TAP Account is closed. We may terminate this Agreement at any time :

by giving you two months’ advance notice (which will be sent to the email address that you have provided to us);

We can suspend your TAP Card/Account, restrict its functionality or terminate this Agreement at any time with immediate effect if:

you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or

Transaction has been declined because of a lack of Available Balance or you do not repay money that you owe to us; or

you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Agreement; or

we reasonably suspect that the security of the TAP Card has been compromised or that you, or any third party, have used, or intend to use the TAP Card in a grossly negligent manner or for fraudulent or other unlawful purposes; or

we believe that your use of the Card may result in harm to us or our systems; or

we believe that your continued use of the Card may damage our reputation; or

you become bankrupt; or

we are required to do so under Applicable Law or where we believe that continued operation of the Program may be in breach of Applicable Law; or

you do not access your Account for 3 years; or

we cannot process some or all of your Transactions due to the actions of third parties;

you have breached this Agreement.

In the event that we do suspend or terminate your TAP Card then, where lawfully permitted, we shall notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place.

Unless or until you or we terminate this Agreement, this Agreement will remain in force.

You are responsible for protecting your TAP Card as if it were cash in your wallet – if it is lost or stolen, you may lose some or all of the money on your TAP Card unless you contact us as specified in this condition.

If you know or suspect that a TAP Card is lost, stolen, misappropriated or subject to unauthorised use or that the PIN or any TAP Card related security details is known to an unauthorised person or you think that a Transaction has been incorrectly executed, you must do the following:

call us immediately on our 24 hour lost and stolen card helpline +350 2250 2049; and

freeze your TAP Card from within your TAP App immediately to ensure there is no misuse of your TAP Card.

You shall be liable for up to a maximum of €50 of losses due to unauthorised Transactions made before you informed us about the theft, loss or misappropriation of the TAP Card, and agree to any currency exchange rates as applied by TAP in this respect. If our investigations reveal that you authorised a disputed Transaction or that you acted fraudulently or that you negligently or with intent breached the terms of this Agreement (for example, by not keeping your TAP Card or PIN safe), you may be liable for any loss we suffer due to use of the TAP Card.

Once a loss, theft or unauthorised use of your TAP Card is reported, use of the TAP Card shall be blocked to avoid further losses.

Replacement TAP Cards will be sent to the most recent address you have provided and will be subject to a Fee.

You agree to cooperate with our agents, any supervisory authority, the police and us if your TAP Card is lost, stolen or if we suspect fraudulent use of the TAP Card.

In the event that you inform us of an unauthorised or incorrectly executed Transaction without undue delay, and in any event no later than 13 months after the debit date, we will refund the amount immediately unless we have any reason to believe that the incident may have been caused by a breach of this Agreement, through gross negligence or we have reasonable grounds to suspect fraud.

In the event of a non-executed or defectively executed Transaction, we will make immediate efforts to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In the event that we are liable for such Transaction, we will refund the amount, together with the amount of any resulting charges to which you may be subject, without undue delay.

In the event that a Transaction that was executed within the EEA arrived later than it should have according to the terms of this Agreement, you may request that we contact the receiving payment institution to ask them to treat it as if it was made on time.

In the event that a Transaction is made which is initiated by a Payee (for example, a recurring payment which you have authorised), we will provide a refund of that amount, subject to clause 12.11, only in circumstances where you can prove that:

the exact Transaction amount was not specified when you authorised the payment; and

the amount of the Transaction exceeds the amount that you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case.

The refund referred to in 12.9 will not be provided if:

the amount relates to currency exchange fluctuations; or

you have given your consent to execute the Transaction directly to us; or

information on the Transaction was provided or made available in an agreed manner to you at least 4 weeks prior to the due date of the Transaction; or

you request the refund from us later than 8 weeks from the date on which it was debited.

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If you dispute a Transaction that you have authorised and which has been processed on your TAP Card, you should settle this with the person you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your TAP Card.

If your dispute with a Merchant relating to a Transaction cannot be resolved you should contact us at Customer Services, and we will attempt to assist you as far as is reasonably practicable.

If you have reason to believe that a Transaction was carried out without your consent or in error, you may ask us to investigate the Transaction. If we investigate the Transaction, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Transaction was genuine, this will be deducted from your Available Balance and we may charge you an investigation fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.

If you use your TAP Card in a currency other than the currency in which your TAP Card is denominated, the amount deducted from your Available Balance will be the amount of the Transaction converted to your TAP Account currency using a rate set by the Scheme on the date the Transaction is processed. Exchange rates can fluctuate and they may change between the time a Transaction is made and the time it is deducted from your Available Balance. You agree that any change to the exchange rate may be applied immediately and without notice to you. You may also be charged a foreign exchange Fee as set out in the Fees & Limits Schedule. Please refer to the following Scheme websites (as applicable) for more information on the applicable exchange rates: https://www.mastercard.com/global/currencyconversion/index.html

We shall not be liable for any loss arising:

from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;

from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;

from any use of a TAP Card that is contrary to this Agreement;

for goods or services that are purchased with the TAP Card; and

for any damages due to loss, fraud or theft that you have reported to us 13 months after the event.

We will not be liable to you if your contact details have changed and you have not told us.

Where the TAP Card is faulty due to our default, our liability shall be limited to replacement of the TAP Card.

Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount.

Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.

To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement. For all intents and purposes of law, we are appearing hereon also as agents for our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), limitedly for the purpose of this clause..

For all other matters not expressly covered in this condition 16, and to the extent permitted by applicable law, our total aggregate liability shall be limited to the total amount of money that you have deposited into your TAP Account over the 12-month period prior to the claim.

Should you wish to make a complaint about your TAP Card and/or TAP Account, you may contact Customer Service by email to submit details of such complaint.

Upon our receipt of your emailed complaint, we shall endeavour to respond to you as quickly as possible but in any event, we shall reply to you by return email within 5 Business Days.

If, having received a response from our Customer Services team, you are unhappy with the outcome, you can escalate your complaint to TPML’s Complaints Department by writing to complaints@transactpaymentslimited.com.

If TPML’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of their findings within 35 Business Days of receipt of your complaint.

We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.

In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Arbiter for Financial Services at the following address: Office of the Arbiter for Financial Services, 1st Floor, St Calcedonius Square, Floriana FRN 1530, Malta (Telephone+ 356 21249245, Website: https://financialarbiter.org.mt)

Any communication from us to you will be given via our Website and/or by email or via messaging within the TAP App using the latest contact details with which you have provided us.

You may contact us via Customer Service, the details of which are set out in clause 1.

TPML is the Data Controller of your Personal Data associated with the application for and use of this TAP Card and will collect certain information about the purchaser and the users of the TAP Card in order to operate the TAP Card program. Your provision of your Personal Data and our and TPML’s processing of that data is necessary for each of us to carry out our obligations under this Agreement and under applicable laws and regulations. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Agreement in accordance with clause 11.1 (ii) (b) above.

We will manage and protect your Personal Data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy which is provided to you at the time we collect your personal data and is available on the Website.

We may update or amend this Agreement at any time on at least 2 months’ advance notice, which shall be given on our Website and by notification via messaging within the TAP App (using the latest contact details you have you have provided us with).

If you do not agree with the changes to the Agreement, you may at any time within the 2-month notice period terminate your Agreement in accordance with condition 11 and can redeem any unused Available Balance at that time without incurring a Fee. You will be deemed to have accepted any change to this Agreement unless you notify us before the proposed date of the change.

If any part of this Agreement is inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

The English language version of this Agreement and of any communications and Website content will prevail over any other language version which we may issue from time to time.

This Agreement is governed by Malta law and you agree to the non-exclusive jurisdiction of the courts of Malta.

Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

The TAP Card is a payment service product and not a deposit or credit or banking product and, as such is not governed by the Deposit Security Scheme of Malta. However, we will safeguard your funds so that they are protected in accordance with applicable law if we become insolvent.

If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until all TAP Cards issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement.