Prepaid card terms & conditions

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MarTrust Prepaid Card Mastercard® Terms

MarTrust e-wallet Payment Services Terms

 

MarTrust Prepaid Card Mastercard® Terms

MarTrust Prepaid Mastercard®
Terms and Conditions
Valid as of 17th December 2020

IMPORTANT INFORMATION: These terms and conditions (“Agreement”) govern the use of the Payment Services defined in Clause 1, which are supplied by PFS Card Services (Ireland) Limited, Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9, Ireland whose details are in Clause 2 (“we”, “us”, “our”) to any person whose application we approve (“Customer”, “you”, “your”). Words that begin with a capital letter have the meaning given either where they first appear in this Agreement or in Clause 1. This Agreement includes the terms of our https://www.martrust.com/privacy-policy/

By activating your Card, you agree that you have read and understood the terms of this Agreement (a copy of which you may download and store at any time). This Agreement shall commence at that time and continue unless cancelled under Clause 10 or terminated under Clause 12. We reserve the right to change this Agreement by giving 2 months’ notice to you in accordance with Clause 18. If we do this, you may terminate this Agreement immediately and without charge before the proposed changes take effect, otherwise you shall be deemed to have accepted such changes when the 2 months’ notice expires. However, you agree that changes to the Applicable Exchange Rate may be applied immediately and at the rate quoted via the Payment Service at the time of the relevant Transaction. Please also read the conditions of redemption in Clause 11 before activating your Card.

We will communicate with you in English (the language in which this Agreement was agreed with you on registration for your Account). Key information relating to your Transactions will be provided to you at the email address you register with us and/or in your Account. You may access, download and print this information at any time by logging in to your Account. In addition, you agree that we may provide notices or other information to you from time to time by posting it in your Account, emailing it to your registered email address, mailing it to your registered physical address, calling you by phone or sending you mobile messages. Notices to you by email or mobile messages shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by registered mail shall be deemed to have been received three days after the date of mailing. You may contact us as specified in Clause 2.

You may request a copy of any legally required disclosures (including this Agreement) from us via the contact details in Clause 2, and we will provide this to you in a form which enables you to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored via, for example, our website, your Account or by email.

1. Definitions & Interpretation
In this document, if we use words that start with a capital letter, that means the word has been defined in this ‘Definition & Interpretation’ section.
“Account” or a data account in our systems where we record your Available Balance,
“e-wallet” Transaction Data and other information from time to time;
“Account Closure Fee” has the meaning given in the attached Fees & Limits Schedule;
“Account Information Service” an online service to provide consolidated information on one or more payment accounts held by the payment service user with another payment service provider or with more than one payment service provider;
“Account Information Service Provider” or “AISP” the supplier of an Account Information Service;
“Additional Cardholder” where applicable, a person who holds a Secondary Card;
“Applicable Exchange Rate” the exchange rate available on our website https://prepaidfinancialservices.com/en/exchange-rates ;
“ATM” an automated teller machine is an electronic telecommunications device that enables Customers to perform financial transactions, particularly cash withdrawal, without the need for a human cashier, clerk or bank teller;
“Authorised Person” any person to whom you authorise us to access your Account;
“Available Balance” the amount of E-money issued by us to you but not yet spent or redeemed;
“Business Day” Monday to Friday, 0900hrs to 1700hrs GMT, excluding bank and public holidays in Ireland.
“Card” a prepaid Mastercard card issued by us and linked to your Account, which can be used to spend your Available Balance wherever Mastercard cards are accepted;
“Card Replacement Fee” has the meaning given in the attached Fees & Limits Schedule;
“Card Scheme” the operator of the payment scheme under which we issue each Card;
“Customer Due Diligence” the process we are required to go through to verify the identity of our Customers;
“Customer Account” Funds the segregated bank account where we hold relevant funds corresponding to your Available Balance in accordance with the safeguarding provisions of the Electronic Money Regulations 2011;
“Customer Services” the MarTrust Customer Service Team details of which can be found at www.martrust.com/wallet ;
“E-money” monetary value issued by us to your Account on receipt of funds on your behalf in our Customer Funds Account, equal to the amount of funds received;
“European Area” or “EEA”; Economic the European Union (“EU”) member states, as well as Iceland, Liechtenstein and Norway;
“Fees” the fees payable by you for the Payment Services as specified in the attached Fees & Limits Schedule;
“IBAN” an International Bank Account Number used to identify bank accounts for the purposes of international payments;
“MarTrust” means MarTrust Corporation Limited, a company incorporated and operating under the laws of the United Kingdom of Great Britain and Northern Ireland, with registered offices located at Office 7.09, 7th Floor, Tintagel House, 92 Albert Embankment, London, England, SE1 7TY, United Kingdom, registered before the Companies House under number 07498933. MarTrust is an Authorised Payment Institution by the Financial Conduct Authority (FRN 794752) under the Payment Services Regulations 2017;
“Merchant” a retailer who accepts Payment for the sale of goods or services to you;
“Payment” a payment for goods or services using a Card;
“Payment Initiation Service” an online service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider;
“Payment Initiation Service Provider or (PISP)” a payment service provider who supplies a Payment Initiation Service;
“Payment Services” the services supplied by us to you under this Agreement, including issuing Cards and Accounts; and executing Transactions;
“PCSIL IBAN” a virtual IBAN issued by our bank service provider that we allocate to your Card or your Account which can be used by you or others for the purpose of making a SEPA Transfer of funds that will result in a credit of the relevant funds to your Account;
“Redemption Fee” means the fee applied by us for the return of funds to an IBAN Account holder, or Cardholder following a request for redemption by an IBAN Account holder or Cardholder under this Agreement, as specified in the attached Fees & Limits Schedule;
“Secondary Card” where applicable, any extra Card which is issued to a Customer or Authorised Person;
“SEPA Transfer” a facility whereby you instruct us to send Euros to a bank account elsewhere in the Single Euro Payments Area (“SEPA”), quoting the IBAN of the intended recipient of the funds;
“Simplified Due Diligence” a lighter form of Customer Due Diligence, resulting in certain lower Card and Account limits;
“Transaction” a Payment, a Transfer or a SEPA Transfer;
“Transfer” a transfer of E-money from one Account to another Account;
“Virtual Card” a Card number issued by us for the purpose of making a single Payment without also issuing any corresponding physical card;

2. Contact and Regulatory Information

2.2. Your Card or Account can be managed online at https://wallet.martrust.com/ or via the MarTrust APP, or email to [email protected] or by phone to +30 2106244770. To report your Cards lost or stolen please call +30 2106244770 or email [email protected].

2.3. The issuer for Your Martrust Prepaid Mastercard Card and provider of the Payment Services is PFS Card Services (Ireland) Limited (PCSIL). PCSIL is registered in Ireland under Company Registration Office Number 590062, with registered office at Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9.

2.4. PCSIL is authorised and regulated as an e-money issuer by the Central Bank of Ireland registration number C175999.

2.5. Details of the PCSIL authorisation by the Central Bank of Ireland are available on the public register at http://registers.centralbank.ie/DownloadsPage.aspx .
2.6. PFS Card Services (Ireland) Limited acts as the programme issuer.
2.7. MarTrust is the programme manager. MarTrust is registered in the United Kingdom with registered office at Office 7.09, Tintagel House, 7th Floor, 92 Albert Embankment, London, SE1 7TY, United Kingdom.

2.8. PCSIL is licensed as an Affiliate member with the Mastercard Scheme. Mastercard is a registered trademark of Mastercard International Incorporated.

3. Type of Service, Eligibility and Account Access

3.2. Your Card is not a credit card and is not issued by a bank. Regardless of the type of Card(s) you have, you will have only one Account where your Available Balance is located.

3.3. Your Payment Services may not be activated unless we have been provided with the required information so that we may identify you and can comply with all applicable Customer Due Diligence requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements.

3.4. Reference to a currency (e.g., Euros € or Sterling £) shall mean that amount or the local currency equivalent in which your Card is denominated.

3.5. Any Transaction on your Card in a currency other than the currency in which your Card is denominated, will require a currency conversion using an Applicable Exchange Rate.

3.6. The Available Balance on your Card and/or Account will not earn any interest.
3.7. The Payment Services are prepaid payment services and not a credit or bank product, you must therefore ensure that you have a sufficient Available Balance from time to time to pay for your Transactions and applicable Fees. If for any reason a Transaction is processed, and the Transaction amount exceeds the Available Balance, you must repay us the amount of such excess immediately and we shall be entitled to stop any existing or subsequent Transactions from proceeding.

3.8. This Agreement does not give you any rights against the Card Schemes, its affiliates or any third party.

3.9. Only persons over 18 years of age are entitled to register for the Payment Services.
3.10. Each time you seek access to the Account we will ask for your Access Codes (as defined in Clause 8). As long as the correct Access Codes are entered, we will assume that you are the person giving instructions and making Transactions and you will be liable for them, except to the extent provided for in Clause 8. We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or if we believe the Payment Service is being used for an illegal purpose.

3.11. We will do all that we reasonably can to prevent unauthorised access to the Account. As long as you have not breached the other terms contained in this Clause 3 or Clause 8, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to the Account pursuant to Clauses 14 and 15 of this Agreement.

4. Service Limits, Transfers & SEPA Transfer Payment
4.1 Transactions may be restricted by Card or Account type, individual usage patterns and payment risk profiles. Cards are issued in accordance with regulatory limits and conditions. Limits relating to the use of Cards can be found in the attached Fees & Limits Schedule and on our website at https://www.martrust.com/terms-of-use/ . For anti-money laundering and anti-fraud reasons PCSIL and/or MarTrust reserve our rights to change particular payment restrictions (including from those published or included herein) without notice and to the extent required to meet our regulatory obligations.

4.2 Simplified Due Diligence may be restricted to domestic ATM access, along with reduced annual maximum load limits and capped annual withdrawal limits. These limits will be subject to Scheme and regulatory requirements.

4.3 You can make a Transfer to another Account by signing into your Account and following the relevant instructions.

4.4 When sending funds to your Account with us, we recommend that you or other senders make a SEPA Transfer using your PCSIL IBAN.

4.5 Neither PCSIL nor MarTrust can be held liable for the payment process or fees associated with bank(s) and or intermediary bank(s) to process payments from you to us. Any fee(s) charged by third parties, not limited to receiving, processing or crediting a payment for you will be deducted by us before crediting the remaining balance to you.

4.6 You are responsible for checking and confirming payment details and fees before making a payment to us or to your Account.

4.7 PCSIL will credit payments received to your Account at least once a day and before the end of the Business Day. Amounts received after the cut off period will be processed the next Business Day and you will hold PCSIL and MarTrust free and clear from any responsibility is this regard.

4.8 You may be asked to provide PCSIL and/or MarTrust with evidence of source of funds in order for us to meet our regulatory requirements, in which case you agree to provide that evidence promptly. You represent and warrant to us that the evidence you provide to us is up to date, complete and accurate.

4.9 Where so enabled you may change your PIN at selected ATMs subject to a Fee.
4.10 Where enabled, you may be eligible to instruct companies to create regular SEPA Transfers from your Irish issued and registered Account. You will be responsible for ensuring that the correct details are provided in order for the SEPA Transfer to be created for you. You must ensure at all times that you have a sufficient balance on your Account to allow for the funds
to be debited from your Account. You are responsible for checking the terms and conditions that have been provided to you by the SEPA Transfer originator. PCSIL and/or Martrust reserve(s) the right to decline or terminate any SEPA Transfer instruction(s) that you have requested.

4.11 You may incur a charge for unpaid SEPA Transfers if there are not enough funds in your Account to pay an incoming SEPA Transfer request.

5. Use of the Payment Services

5.1 You may access your Account information by logging into your Account through https://wallet.martrust.com/. From here you will be able to view details on your Transactions, including dates, currencies, charges or exchange rates applied. This information is accessible at any time and can be stored and reproduced as necessary.

5.2 You can use the Payment Services up to the amount of the Available Balance for Transactions.
5.3 If the Available Balance is insufficient to pay for a Payment, some Merchants will not permit you to combine use of a Card or Account with other payment methods.

5.4 The value of each Transaction and the amount of any Fees payable by you under this Agreement will be deducted from the Available Balance.

5.5 Once a Transaction is authorised, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received. A Transaction will be deemed to have been received by us at the time you authorise the Transaction as follows:

i. For Payments and ATM Transactions, at the time we receive the payment order for the Transaction from the Merchant acquirer or ATM operator, and

ii. A payment order for a Transfer or SEPA Transfer is provided to and received by us at the time it is issued by you via the Account;

5.6 Where a revocation of an authorised payment is agreed between us and you, we may charge a Fee for revocation.

5.7 We will ensure that the amount of a SEPA Transfer is credited to the payment service provider of the payee by end of the Business Day following the time of the receipt of your payment order. If the payment service provider of the Merchant is located outside the EEA, we will effect payment as soon as possible and in any event as required by applicable law.

5.8 In order to protect you and us from fraud, Merchants may seek electronic authorisation before processing any Payment. If a Merchant is unable to get an electronic authorisation, they may not be able to authorise your Payment.

5.9 We and/or MarTrust may refuse to authorise any use of the Payment Services which could breach these terms and conditions or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or un-permitted use of the Payment Services.

5.10 Your ability to use or access the Payment Services may occasionally be interrupted, for example if we and/or MarTrust need to carry out maintenance on our Systems. Please contact Customer Services at https://www.martrust.com/wallet/ or via the MarTrust APP, or email to [email protected] or by phone to +30 2106244770, to notify us of any problems you are experiencing using your Card or Account and we will endeavour to resolve any problem.

5.11 Where applicable, you may apply to us for up to 3 Secondary Cards, for use by Additional Cardholders on your Account. Additional Cardholders, for whom you are legally responsible, must be 13 years of age or older. All other Additional Cardholders must be 18 years of age or older. It is your responsibility to authorise the Transactions incurred by each Additional Cardholder on the relevant Secondary Card and to ensure that the Additional Cardholder keeps to the provision of this Agreement. You are responsible for their use of the Secondary Card and for paying any amounts they add to your Account even if the Additional Cardholder does not keep to the provisions of this Agreement. We accept no responsibility or liability of any kind whatsoever for use of any Secondary Card by any Additional Cardholder for Transactions not authorised by you. If you successfully register and request one, we will send you a Secondary Card in the name of the Additional Cardholder with a copy of this Agreement, for which we will charge you an Additional Card Fee. Upon receipt of the Secondary Card, you may give the Secondary Card to the Additional Cardholder for their use, subject to:
i. you providing them with the copy of this Agreement (by using the Secondary Card the Additional Cardholder consents to the terms of this Agreement, which will then bind you and the Additional Cardholder in relation to the use of the Secondary Card);

ii. the condition that the Secondary Card must only be used by that person;
iii. you continuing to hold the Account and the Card with which the Secondary Card is associated;
iv. you informing the Additional Cardholder that you have retained the Primary Card and that you are still able to use the Account;

v. us obtaining such further information and documentation in order to enable us to comply with all applicable Customer Due Diligence anti-money laundering requirements in relation to the Additional Cardholder.

5.12 You will remain responsible for the use of the Payment Services, and for any Fees and charges
incurred by the Additional Cardholder(s), and you will continue to be regarded as the holder of any funds already or subsequently loaded on the Account. The use of a Card in relation to which an Additional Cardholder has been registered will be regarded as confirmation that you have provided the Additional Cardholder with this Agreement.

5.13 You or any Additional Cardholder may ask us to remove that Additional Cardholder, and in that case, you must cut the relevant Secondary Card in half.

5.14 You agree that we may give information about your Account to each Additional Cardholder and restrict what Additional Cardholders can do in relation to your Account.

5.15 Except as required by law, PCSIL and/or MarTrust shall not be responsible, and you will be solely responsible, for compiling and retaining your own copy of the data in your Account and your activities in connection with this Agreement. Upon the termination of this Agreement for any reason, PCSIL and/or MarTrust shall have no obligation to store, retain, report, or otherwise provide any copies of, or access to, the Transaction data or any records, documentation or other information in connection with any Transactions or the Account.

5.16 You agree to only use the Payment Services for lawful purposes and to adhere at all times to all laws, rules, and regulations applicable to the use of the Payment Services, including the terms of this Agreement.

5.17 You may not use the Payment Services to receive or transfer any funds on behalf of any other natural person or legal entity.

6. Access by Third Party Providers

6.1. You may consent to regulated third party providers (PISPs or AISPs) accessing your Account online to make payments or obtain information about balances or Transactions on your Card and/or Account.

6.2. The PISPs and/or AISPs must be appropriately registered and authorised in accordance with PSD2. You should check with the regulatory authority of the relevant country before giving consent to the relevant PISP/AISP.

6.3. Any consent you give to a third-party provider is an agreement between you and it, we will have no liability for any loss whatsoever, as a result of any such agreement.

6.4. Before giving consent, you should satisfy yourself as to what degree of access you are consenting to, how it will be used and who it may be passed on to.

6.5. You should make yourself aware of any rights to withdraw the consent of access from the third-party provider and what process it has in place to remove access.

6.6. To the extent permitted by law or regulation and subject to any right to refund you may have under this Agreement, between you and us, PCSIL and/or MarTrust are not responsible for any actions that the relevant third party takes in relation to suspending or terminating your use of their service or for any resulting losses. PCSIL and/or MarTrust are also not responsible for, or a party to, any agreement that you enter into with any relevant third party. You should make sure that you read and comply with such agreement or other applicable policies and note that this Agreement will continue to apply between us including to any Payment Services and our Fees as stated continue to apply.

6.7. Where appropriate, we may deny access to your Account, to any third party where we consider such access to be a risk of money laundering or terrorism financing, fraud or other criminal activity. Should we need to take these actions and where possible, we will give reasons for doing so unless restricted by law or for internal security reasons.

7. Condition of Use at Certain Merchants
7.1. In some circumstances we or Merchants may require you to have an Available Balance in excess of the Payment amount. For example, at restaurants you may be required to have 15% more on your Card than the value of the bill to allow for any gratuity or service charge added by the restaurant or you.

7.2. In some circumstances Merchants may require verification that your Available Balance will cover the Payment amount and initiate a hold on your Available Balance in that amount, examples include rental cars. In the event a Merchant places a pre-authorisation on your Account, you will not have access to these funds until the Payment is completed or released by the Merchant which may take up to 30 days.

7.3. If you use your Card at an automated fuelling station, subject to Merchant acceptance, your Card may need to be pre-authorised for a pre-determined amount in the relevant currency. If you do not use the whole pre-authorisation or do not have Available Balance to obtain a pre-authorisation, it is possible that the pre-authorised amount will be held for up to 30 days before becoming available to you again.

7.4. Some Merchants may not accept payment using our Payment Services. It is your responsibility to check the policy with each Merchant. PCSIL and/or MarTrust accept no liability if a Merchant refuses to accept payment using our Payment Services.

7.5. In relation to any dispute between the you and a Merchant, provided you are able to satisfy us that you have already made all efforts to resolve the dispute with the relevant Merchant, we will attempt to assist you so far as is reasonably practicable. We may charge you a chargeback processing fee as referenced in the Fees & Limits Schedule provided to you with this document, for any such assistance we may give you with any dispute. If there is an un-resolvable dispute with a Merchant in circumstances where the Card has been used for a Payment, you will be liable for the Payment and will have to resolve this directly with the relevant Merchant.

8. Managing & Protecting Your Account

8.1. You are responsible for the safekeeping of your username and password for your Account (“Access Codes”) and the personal identification number for your Card (“PIN”).

8.2. Do not share your PIN with anyone. You must keep your PIN safe and separate from your Card or any record of your Card number and not disclose it to anyone else. This includes:

i. memorising your PIN as soon as you receive it, and destroying the post mail or other authorised communication used to transmit it to you;
ii. never writing your PIN on your Card or on anything you usually keep with your Card;
iii. keeping your PIN secret at all times, including by not using your PIN if anyone else is watching;
iv. not disclosing your PIN to any person.

8.3. The user of the Card(s) must sign the signature strip on any Personalised Card immediately when received.

8.4. You can retrieve your PIN by logging into your e-wallet account on the MarTrust Mobile App. Once you log in, you need to first select the ‘Card’ option, and after this select the ‘Get PIN’ option. Then select ‘Reveal,’ and your PIN will appear on your e-wallet App.

8.5. Do not share your Access Codes with anyone except an Authorised Person. If you disclose the Access Codes to any Authorised Person, you are responsible and liable for their access, use or misuse of the Account, their breach of the terms of this Agreement or disclosure of the Access Codes.
8.6. The Payment Services may only be used by you and each Additional Cardholder or Authorised Person.
8.7. You must not give the Card to any other person or allow any other person to use the Payment Services except Authorised Persons or Additional Cardholders. You must keep the Card in a safe place.

8.8. Failure to comply with Clauses 8.2 and/or 8.5 may affect your ability to claim any losses under Clause 14 in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, intentionally, with undue delay or with gross negligence. In all other circumstances your maximum liability shall be as set out below at Clause 15.

8.9. If you believe that someone else knows your Account or Card security details, you should contact us immediately in accordance with Clause 13.

8.10. Once your Card has expired (see Clause 11), or if it is found after you have reported it as lost or stolen, you must destroy your Card by cutting it in two, through the magnetic strip.

9. Identity Verification

9.1. If you enter into Transactions over the internet, some websites require you to enter your name and address. In such cases you should supply the most recent address which has been registered with us by you as the Account address. The Account address is also the address to which we will send any correspondence.

9.2. You must notify us within 7 days of any change in the Account address or your other contact details. You can notify us by contacting Customer Services who may require you to confirm such notification in writing. You will be liable for any loss that directly results from any failure to notify us of such a change as a result of undue delay, your gross negligence or fraud. We will need to verify your new Account address and shall request the relevant proofs from you.

9.3. PCSIL and/or MarTrust reserve the right at any time to satisfy ourselves as to your identity and home address (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 Account, you authorise us to perform electronic identity verification checks directly or using relevant third parties.

10. Right to Cancel (“Cooling-Off’)
You have a right to withdraw from this Agreement under the following conditions:
10.1. Where you purchased the Payment Services then you have a “Cooling Off” period of 14 days beginning on the date of the successful registration of your Account, to withdraw from this Agreement and cancel the Payment Services, without any penalty but subject to deduction of any reasonable costs incurred by us in the performance of any part of the provision of services before you cancel. You must contact us within this 14-day period and inform us that you wish to withdraw from this Agreement, and you must not use the Payment Services. We will then cancel the Payment Services and reimburse the amount of Available Balance on the Account to you. However, we reserve the right to hold the Available Balance for up to 30 business days from receipt of your instructions before returning the balance, to ensure that details of all Transactions have been received.

10.2. After the Cooling Off period you may only terminate the Payment Services as described in Clause 12.

11. Expiry & Redemption

11.1. Your Card has an expiry date printed on it (the “Expiry Date”). The Card (and any Secondary Card) and any PCSIL IBAN linked to the Card will no longer be usable following the Expiry Date, and you must not use it after that time, but you will still be able to receive and send funds to and from the Account associated with the Card.

11.2. If a Card expires before your Available Balance is exhausted, you can contact Customer Services to request a replacement Card, provided you do so within 14 days before the Expiry Date printed on your Card and subject to payment of a Fee (where specified). We reserve the right to issue you with a replacement for an expired Card even if you have not requested one. If you have not requested a replacement Card, you will not be charged a Card Replacement Fee.

11.3. If your PCSIL IBAN is linked to your Account, rather than linked to your Card, then it will not expire when the Card expires, but will be available to use as long as the Account is available for your use.

11.4. Your funds are available for redemption by contacting us at any time. PCIL and/or Martrust reserve the right to request identification documentation in order to ensure redemption is performed in strict accordance with applicable law.

11.5. When redemption is requested by you before the termination of this Agreement in accordance with clause 12, or more than one (1) year after the date of termination of this Agreement in accordance with clause 12, we shall charge a Redemption Fee.

11.6. Provided that your request for redemption is made less than 12 months following the date on which this Agreement ends under Clause 12, redemption will not incur any Redemption Fee. If you make a request for redemption more than 12 months after the date on which this Agreement ends under Clause 12, an Account Closure Fee may be charged (where specified).

11.7. PCSIL and/or MarTrust shall have the absolute right to set-off, transfer, or apply sums held in the Account(s) or Cards in or towards satisfaction of all or any liabilities and Fees owed to either PCSIL and/or MarTrust that have not been paid or satisfied when due.

11.8. PCSIL and/or MarTrust shall have the absolute right to close your Account and submit a chargeback claim for the relevant Transactions if your Account is in negative standing for more than 60 days. If our chargeback is successful, funds paid to your Account may only be used to credit your Card or Account, and your Account will remain closed.

11.9. If your Account is inactive (including without limitation no access to the account or payment Transactions) for at least 2 consecutive years and has an Available Balance, we may (but we are not obliged to) notify you by sending an e-mail to your registered e-mail address and give you the option of keeping your Account open and maintaining or redeeming the Available Balance. If you do not respond to our notice within thirty (30) days, we will automatically close your Account and initiate a Transfer of your Available Balance to the last payment account notified by you to us (your “Nominated Bank Account”).

12. Termination or Suspension of Your Account and/or Processing of Transactions

12.1. PCSIL and/or MarTrust may terminate this Agreement and your use of the Payment Services with prior notice of at least 2 months.

12.2. Your use of your Card and any PCSIL IBAN linked to the Card ends on the Expiry Date in accordance with Clause 11.2.

12.3. This Agreement and your use of the Payment Services will also end when your ability to initiate all Transactions ceases.

12.4. PCSIL and/or MarTrust may terminate or suspend, for such period as may reasonably be required, your use of the Payment Services in whole or in part at any time or the processing of any Transaction(s) if:
i. there is any fault or failure in the relevant data processing system(s);
ii. PCSIL and/or MarTrust reasonably believe that you have used or are likely to use the Payment Services, or allow them to be used, in breach of this Agreement or to commit an offence;
iii. any Available Balance may be at risk of fraud or misuse;
iv. PCSIL and/or MarTrust suspect that you have provided false or misleading information;
v. PCSIL and/or MarTrust are required to do so by law, the police, a court or any relevant governmental or regulatory authority;
vi. PCSIL and/or MarTrust are required to fulfil our legal obligations in relation to the fight against money laundering and financing of terrorism;
vii. there is suspicion of unauthorised or fraudulent access to or use of your Account or that any of its security features have been compromised, including the unauthorised or fraudulent initiation of a Transaction;
viii. PCSIL and/or MarTrust have reasonable grounds to believe you are carrying out a prohibited or illegal activity;
ix. PCSIL and/or MarTrust are unable to verify your identity or any other information pertaining to you, your Account or a Transaction.

12.5. If any Transactions are found to have been made using your Card after expiry or any action has been taken by us under Clause 12.4, you must immediately repay such amounts to us.

12.6. Where it is practicable and lawful for us to do so or would not compromise reasonably justified security reasons, we will notify you via email of the suspension or restriction and the reasons for it before such measures take place or immediately thereafter.

12.7. We will reinstate your Account or execute the relevant Transaction(s) as soon as practicable after the reasons pursuant to Clause 12.4 no longer apply or exist.

12.8. If you wish to terminate the Payment Services at any time, you must request termination and the return of your Available Balance by email to our address in Clause 2 from the email address registered in your Account. Our Customer Services department will then suspend all further use of your Payment Services.
12.9. Once we have received all the necessary information from you (including any Customer Due Diligence) and all Transactions and applicable Fees and charges have been processed, we will refund to you any Available Balance less any Fees and charges payable to us, provided that:
i. 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
ii. 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.

12.10. Once the Payment Services have been terminated, it will be your responsibility to destroy the Card(s) that were provided to you.

12.11. 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 as a debt.

13. Loss or Theft of your Card or Misappropriation of Your Account

13.1. If your Card is lost or stolen or if you think someone is using your Card, PIN and/or Access Codes without your permission or if your Card is damaged or malfunctions:
i. you must contact us as soon as possible and you must provide us with your Account or Card number and either your Username and Password or some other identifying details acceptable to us so that we can be sure we are speaking to you; and
ii. Provided we have obtained your consent to close the Account, we will then provide you with a replacement Card with a corresponding new Account loaded with an amount equivalent to your last Available Balance.

13.2. Once we have been notified of any loss or theft, we will suspend the Payment Services as soon as we are able, to limit any further losses (see Clause 14). We can only take steps to prevent unauthorised use of the Payment Services if you can provide us with the Account or Card number and Username and Password and if you can produce sufficient details to identify yourself and the relevant Account.

13.3. Replacement Cards will be posted to the most recent Account address registered by you. Failure to provide the correct address will result in a Card Replacement Fee.

13.4. If you subsequently find or retrieve a Card that you have reported lost or stolen, you must immediately destroy the found Card by cutting it in half through the magnetic stripe and chip.

13.5. You agree to help us, our agents, regulatory authorities and the police if your Card is lost, stolen or if we suspect that the Payment Services are being misused.

14. Liability for Unauthorised or Incorrectly Executed Transactions

14.1. Subject to Clauses 14.2, 14.3 and 14.6, we will reimburse you in full for all unauthorised Transactions sent from your Account immediately and in any event no later than the end of the following Business Day after noting or being notified of the Transaction (except where we have reasonable grounds for suspecting fraud), provided that you have informed us of the unauthorised Transaction without undue delay after becoming aware of the Transaction and in any event, no later than 13 months after the Transaction was executed. Where applicable, we shall restore your Account to the state in which it would have been had the unauthorised Transaction not taken place, so that that the credit value date shall be no later than the date the amount had been debited.

14.2. You may be liable for losses relating to any unauthorized Transactions up to a maximum of €50 resulting from the resulting from the use of a lost or stolen Card or the misappropriate of your Account, unless the loss, theft or misappropriation was not detectable to you prior to payment (except where you acted fraudulently) or was caused by acts or lack of action of our employee, agent, branch or service provider.

14.3. You are liable for any losses incurred by an unauthorised Transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your Account in accordance with the terms of this Agreement or to keep your Access Codes confidential and secure in accordance with Clause 8.

14.4. You shall not be liable for losses incurred by an unauthorised Transaction which takes place after you have notified us of a compromise of your Access Codes according to Clause 8, unless you have acted fraudulently, or where we have failed to provide you with the means to notify us in the agreed manner without delay on you becoming aware of the loss, theft, misappropriation or unauthorised use of your Card or Account.

14.5. PCSIL and/or MarTrust shall not be liable for a refund or losses incurred by an incorrectly or non-executed payment Transaction if the details of the payee’s account provided by you were incorrect or we can prove that the full amount of the Transaction was duly received by the payment service provider of the payee.

14.6. PCSIL and/or MarTrust shall not be liable for any unauthorised or incorrectly executed Transactions in case the Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal obligation.

14.7. Where we are liable for the incorrect execution of a Transfer or SEPA Transfer that you receive under this Agreement, we shall immediately place the amount of the Transaction at your disposal in accordance and credit the corresponding amount to your Account no later than the date on which the amount would have been value dated, had the Transaction been correctly executed.

14.8. Where we are liable for the incorrect execution of a Payment, Transfer or SEPA Transfer by you as payer, we shall, without undue delay, refund to you the amount of the non-executed or defective Transaction, and, where applicable, restore the debited Account to the state in which it would have been had the defective Transaction not taken place.

14.9. In the case of a non-executed or defectively executed Payment Transfer or SEPA Transfer by you as payer, we shall, regardless of whether we are liable, on request, make immediate efforts to trace the Transaction and notify you of the outcome, free of charge.

14.10. A Payment initiated by or through a payee (e.g. a Merchant) shall be considered to be unauthorised if you have not given your consent for the Payment to be made. If you believe that a Payment has been made without your consent you should contact us in accordance with Clause 2.

14.11. A claim for a refund of an authorised Payment initiated by or through a payee (e.g. a Merchant) where the authorisation did not specify an exact amount of payment Transaction (and the amount of the Payment exceeded the amount that you reasonably could have expected taking into account your previous spending pattern, this Agreement and the circumstances of the case), must be made within 8 weeks from the date on which the funds were deducted from your Available Balance. Within 10 Business Days of receiving your claim for a refund or within 10 Business Days of receiving further information from you, we will either refund the full amount of the Payment as at the date on which the amount of the Payment was debited or provide you with justification for refusing the refund.

14.12. The right to a refund under this Clause 14 does not apply where you have given consent directly to us for the Payment to be made and, if applicable, information on the Payment was provided or made available to you by us or the payee in an agreed manner for at least four weeks before the due date.

14.13. If you are not satisfied with the justification provided for refusing the refund or with the outcome of your claim for a refund, you may submit a complaint to us or contact the complaints authority as described in Clause 16.

14.14. If at any time we have incorrectly deducted money from your Available Balance, we shall refund the amount to you. If we subsequently establish that the refunded amount had been correctly deducted, we may deduct it from your Available Balance and may charge you a Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.

14.15. Where any request, Transaction, disputed Transaction, arbitration or reversed Transaction involves third party costs, you remain liable for these and they will be deducted from your Account or otherwise charged to you.

15. General Liability

15.1. Without prejudice to Clause 14 and subject to Clause 15.4:
i. neither party (including MarTrust) shall be liable to the other for indirect or consequential loss or damage (including without limitation loss of business, profits or revenues), incurred in connection with this Agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;
ii. PCSIL and/or MarTrust shall not be liable:
1. if you are unable to use the Card or Payment Services for any valid reason stated in this Agreement;
2. for any fault or failure beyond our reasonable control relating to the use of the Payment Services, including but not limited to, a lack of Available Balance or fault in or failure of data processing systems;
3. for any loss, fault or failure relating to the use of a Third-Party Provider as stated in Clause 6.3, 6.6 and 6.7 of this Agreement,
4. if a Merchant refuses to accept a Payment or fails to cancel an authorisation or pre-authorisation;
5. for the goods or services that are purchased with your Card;
6. for any dispute you might have with a Merchant or other user of the Payment Service where you acted with:
i. . undue delay;
ii. fraudulently; or
iii. with gross negligence (including where losses arise due to your failure to keep us notified of your correct personal details).
15.2. You agree that you will not use the Payment Services in an illegal manner and you agree to indemnify us against any claim or proceeding brought about by such illegal use of the Payment Services by you, your Authorised Person(s) and Additional Cardholder(s).

15.3. You are solely responsible for your interactions with Merchants or other users of the Payment Service. We reserve the right, but have no obligation, to monitor or mediate such disputes.

15.4. To the fullest extent permitted by relevant law, and subject to Clause 14 and Clause 15.5, the total liability of PCSIL and/or MarTrust under or arising from this Agreement shall be limited as follows:
i. where your Card is faulty due to our default, our liability shall be limited to replacement of the Card or, at our choice, repayment to you of the Available Balance; and
ii. in all other circumstances of our default, our liability will be limited to repayment of the amount of the Available Balance.

15.5. Nothing in this Agreement shall exclude or limit either Party’s liability in respect of death or personal injury arising from that party’s negligence or fraudulent misrepresentation.

15.6. No party (including MarTrust) shall be liable for, or be considered in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party’s reasonable control.

16. Dispute Resolution
16.1. PCSIL and MarTrust are committed to providing an excellent customer experience for all their Customers. If we do not meet your expectations in any way, we want to have the opportunity to put things right.

16.2. In the first instance, your initial communication will be with the MarTrust Customer Services Team who can be contacted by email to [email protected]. The MarTrust Customer Services Team will listen to your needs and will do their best to solve your issue promptly and fairly. PCSIL and MarTrust value the opportunity to review the way they do business and help them meet their customers’ expectations. Additionally, you may as well contact the Customer Services Team of PCSIL by email to [email protected].

16.3. If having received a response from the MarTrust Customer Services Team you are unhappy with the outcome, please contact the Complaints Team of MarTrust, with registered offices at Office 7.09, 7th Floor, Tintagel House, 92 Albert Embankment, London, SE1 7TY, United Kingdom, through https://www.martrust.com/complaints. Additionally, having also received a response from PCSIL Customer Services Team and if you are unhappy with the outcome, please contact the Complaints Team of PCSIL with registered offices at Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9, through [email protected] .

16.4. Once received, the Complaints Team will conduct an investigation and you will receive a response of its findings within 15 Business Days of receipt of the complaint. In exceptional circumstances where we are unable to reply within the first 15 Business Days, we will reply providing a reason for the delay and deadline for response, not more than 35 Business Days after first receipt of complaint.
16.5. If the Complaints Team is unable to resolve your complaint and you wish to escalate your complaint further, please contact the Financial Services and Pensions Ombudsman at Lincoln House, Lincoln Place, Dublin 2,D02 VH29. Details of the service offered by the Financial Services and Pensions Ombudsman are available at https://www.fspo.ie/ or alternatively you can lodge your complaint in your country of domicile with the Online Dispute Resolution process at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN

16.6. You must provide us with all receipts and information that are relevant to your claim.

17. Your Personal Data

17.1. PCSIL is a registered Data Controller with the Data Protection Commission in Ireland.

17.2. In order for us to provide you with the services relating to your Account, we are required to collect and process personal data about you, Additional Cardholders and Authorised Persons, with your consent or on a legal basis to meet our obligations for Anti-Money Laundering legislation or other governmental organisation. Where applicable, if an Account holder is under 16, then parental consent is explicitly required.

17.3. Your consent will be sought for collection of your data and you have the right to agree or decline. Where you decline consent for the collection and processing of your data, we reserve our right to discontinue service due to our obligations as a financial services institution.

17.4. We may disclose or check your personal data with other organisations and obtain further information about you in order to verify your identity and comply with applicable money laundering and governmental regulations. A record of our enquiries will be left on your file.

17.5. We may pass your personal data on to third-party service providers contracted to PCSIL in the course of dealing with your Account. Any third parties that we may share your data with are obliged to keep your details secure, and to use them only to fulfil the service they provide you on our behalf. Where we transfer the personal data to a third country or international organisation, we ensure this is done securely and that they meet a minimum standard of data protection in their country.

17.6. You have the right to receive information concerning the personal data we hold about you and to rectify such data where it is inaccurate or incomplete. You have the right to object to or withdraw any consent you have given for certain types of processing such as direct marketing.

17.7. Your data will be retained for 6 years after the end of the provision of services to you, where your data will be destroyed in compliance with the requirements of the General Data Protection Regulation.

17.8. In the event that you wish to make a complaint about how your personal data is being processed by us (or third parties as described in 17.5 above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and PCSIL’s Data Protection Officer.

17.9. Our Privacy Policy provides full details on your rights as a data subject and our obligations as a data controller. Please read this document carefully and ensure you understand your rights.

18. Changes to the Terms and Conditions
We may update or amend these terms and conditions (including our Fees & Limits Schedule). Notice of any changes will be given on our website, or by e-mail notification, or by SMS at least 2 months in advance. By continuing to use the Payment Services after the expiry of the 2-month notice period you acknowledge that you indicate your acceptance to be bound by the updated or amended terms and conditions. If you do not wish to be bound by them, you should stop using the Payment Services and terminate this Agreement in accordance with Clause 10 before the changes take effect.

19. Miscellaneous

19.1. We may assign or transfer our rights, interest or obligations under this Agreement to any third party (including by way of merger, consolidation or the acquisition of all or substantially all of our business and assets relating to the Agreement) upon 2 months’ written notice. This will not adversely affect your rights or obligations under this Agreement.

19.2. With the exception of Martrust, nothing in this Agreement is intended to confer a benefit on any person who is not a party to it, and therefore no such person shall have any right under Irish Legislation, but this Clause does not affect a right or remedy of a third party which exists or is available apart from that Legislation.

19.3. Any waiver or concession we may allow you, will not affect our strict rights and your obligations under this Agreement.

19.4. This Agreement and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement.

20. Funds Protection

All relevant funds corresponding to your Available Balance are segregated from our funds and held in the Customer Funds Account in accordance with the safeguarding requirements of the Electronic Money Regulations 2011 by law. In the event that we became insolvent those funds are protected against claims made by any of our creditors.

21. Regulation & Law

21.1. The Payment Services, Card and Account are payment services and not deposit, credit or banking products and are not covered by the Deposit Guarantee Scheme.

21.2. This Agreement shall be governed by and interpreted in accordance with the laws of Ireland, and any dispute or claim in relation to this Agreement shall be subject to the non-exclusive jurisdiction of the Irish courts. However, if you reside outside of Ireland you may bring an action in your country of residence.

Fee and Limits Schedule

 

MarTrust e-wallet Payment Services Terms

This Agreement sets out the terms and conditions of business which will apply when we, MarTrust Corporation Limited, a company registered in England and Wales with its registered office address at Office 7.09, Tintagel House, 92 Albert Embankment, London, SE1 7TY (with company registration number 07498933, authorised and regulated by the Financial Conduct Authority registration number FRN 794752) provide you with the Services set out herein. Each Transaction is a separate agreement which incorporates these terms and conditions.

We work with PFS Card Services (Ireland) Limited, a company registered in Ireland with its registered office address at Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9, Ireland (with company registration number 590062, authorised and regulated as an e-money issuer by the Central Bank of Ireland registration number C175999). PCSIL are the issuers of the Prepaid Cards linked to the E-Wallet. The MarTrust Prepaid Mastercard® terms and conditions govern the use of the Prepaid Card and linked E-Wallet and can be found at Part D of this Agreement and at https://www.martrust.com/card-terms/.

It is important that you read the terms and conditions of this Agreement carefully before you use the Services as by doing so you shall be deemed to accept the terms and conditions contained in this Agreement.

In accepting this Agreement, you are confirming that you fully understand and accept these terms and conditions and that you are 18 years old or older. If there is anything you do not understand please ask us for more information or obtain independent legal advice.

1. OVERVIEW
1.1 This Agreement provides a general description of the Services we may provide to you.

1.2 These terms and conditions are divided into five separate parts:
1.2.1 Part A sets out the terms and conditions which govern our relationship with you.
1.2.2 Part B sets out the specific terms which govern how you can access the Services.
1.2.3 Part C sets out the specific terms regarding the cross-border payment processing service.
1.2.4 Part D provides access to the MarTrust Prepaid Mastercard® terms and conditions governing the use of the Prepaid Card and linked E-Wallet service.
1.2.5 Part E sets out the specific terms regarding the Salary Advance service.
1.2.6 Part F sets out the definitions.

PART A: General Terms & Conditions

2. IMPORTANT INFORMATION
2.1 These terms and conditions shall apply to each and every Transaction you perform using the Services.
2.2 You must tell us as soon as possible if any of the information you have given us changes including but not limited to, a change of your name and of your residential address.
2.3 Our obligations under this Agreement are conditional on our acceptance of you as a Customer which is at our sole discretion and we reserve the right to decline to provide Services to you without specifying a reason.
2.4 If you do not use our Services for a period of twelve (12) Months, we may require you to provide such documentation and information that we may reasonably require to assist us in meeting our Compliance Obligations.
2.5 You shall comply with all Applicable Laws, including but not limited AML/CTF laws. If you breach any AML/CTF laws or regulations, then you irrevocably agree that we may retain any funds transmitted to us pursuant to this Agreement and not perform any Service and such funds shall not bear interest against us.
2.6 In the event of any change of our internal compliance procedures you shall do all such things as we may reasonably request in order to ensure adherence to our Compliance Obligations, which may include the provision of such original documentation as we may require.

3. DATA PROTECTION & CONFIDENTIALITY
3.1 While providing the Services you will be providing us with information that may include Personal Data.
3.2 You acknowledge that for the purposes of this Agreement, we are a Data Controller.
3.3 Details on how we use, collect, and share your information and the steps we take to protect your information are set out in our Privacy Policy. A copy of our Privacy Policy can be found at https://www.martrust.com/privacy-policy/.
3.4 We will implement and maintain adequate Technical and Organizational Measures for the security of your Personal Data.
3.5 You consent to us sending your Personal Data outside the European Economic Area which will only occur in accordance with the Data Protection Legislation.
3.6 Any telephone conversations we have with you may be monitored and recorded by us. We also may maintain records of e-mails sent by or to you. You agree that we may use these records for training and quality control purposes or to resolve any disputes and in the prevention or detection of crime. However, we are under no obligations to make the recording or records available to you.
3.7 If you need to provide us with information (which, for the avoidance of doubt shall include information which constitutes Personal Data) about a third party, you shall ensure that the third party has given fully informed and explicit consent to provide their information to us and to be able to process their Personal Data and you informed the third party who we are and what we will use their Personal Data for.
3.8 During the tenure of this Agreement we (or you, as the case may be) may become privy to Confidential Information.
3.9 It is agreed that the recipient Party shall keep the disclosing Party’s Confidential Information confidential and shall not use any Confidential Information or disclose any Confidential Information in whole or in part to any third Party, except as expressly permitted by this Agreement.

4. WARRANTIES
4.1 You represent and warrant to us:
4.1.1 you are acting as a principal and have legal title to all funds used in connection with the Transactions forming part of the Services.
4.1.2 performance of all your obligations contemplated under this Agreement does not violate any Applicable Law.
4.1.3 all information provided by you is true, correct, and complete in all material aspects as at the date of this Agreement and you will promptly notify us of any changes in the information.
4.1.4 you shall make on-going disclosure to us of any matters that may affect your obligations contained in this Agreement. We may, from time to time, need to request further information or documentation on you and you agree to provide this information.

5. TERM AND TERMINATION
5.1 This Agreement shall continue until terminated by:
5.1.1 us providing two (2) Months’ written notice to you; or
5.1.2 you providing one (1) Months’ written notice to us.
Termination of this Agreement shall not affect any Transaction previously carried out by you and shall not relieve either Party of any outstanding obligations arising out of this Agreement.
5.2 Either Party may terminate the Agreement immediately and shall be relieved of any future obligations set out in this Agreement, including any obligations arising out of any Instruction, if either Party is made aware or has reason to believe that a Party has:
5.2.1 provided false or misleading information to the other Party;
5.2.2 participated or is participating or has assisted or is assisting in money laundering or terrorist financing or has otherwise failed to comply with any applicable laws;
5.2.3 been officially investigated by law enforcement and/or regulatory agencies;
5.2.4 entered into an Insolvency Event (where applicable); or
5.2.5 has materially breached the terms of this Agreement or any Instruction willfully or otherwise.

6. LIABILITY AND INDEMNITY
6.1 Nothing in this Agreement excludes either Party’s liability for fraudulent misrepresentation, caused by a Party’s negligence or any other liability under the FCA Rules which cannot be excluded by law.
6.2 Notwithstanding Clause 6.1, all conditions, warranties, and representations, expressed or implied by statute, common law or otherwise, in relation to this Agreement are excluded to the extent permitted by law.
6.3 You must notify us as soon as possible after you become aware of any unauthorised or incorrectly executed Transaction.
6.4 We will not be liable if the Beneficiary bank fails to process the Transaction correctly.
6.5 We are entitled to act on your Instructions, and you agree to indemnify us from all losses arising from our doing so. You also agree to indemnify us from any loss we may incur resulting from any errors made by you in providing Instructions unless as a result of our negligence, willful misconduct or fraud.
6.6 In no circumstances will we be liable for: loss or damage incurred by you as a result of any indirect, special or consequential loss or damage howsoever caused even if we were advised of the possibility of such losses in advance.
6.7 Neither Party shall be liable for any failure or delay in performance of any of its obligations under this Agreement if such delay or failure results from a Force Majeure event.

7. LIMITATION OF LIABILITY
7.1 Our entire liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, is limited to the lower of:
7.7.1 the pound sterling value as of the Transaction; or
7.7.2 the Fees paid in accordance with this Agreement.

8. FEES AND LIMITS
8.1 The Fees payable for the Services can be accessed via https://www.martrust.com/fee-and-limits-schedule/ and/or via such other schedule and information we or your Employer, crew manager or otherwise shall provide you from time-to-time.
8.2 We may apply limits to the number of Transactions that you can make each day. We may also apply limits to the amount of money that you can transfer each day as more particularly described in https://www.martrust.com/fee-and-limits-schedule/.

9. PAYMENT OF FEES
The Fees will be debited from the E-Wallet at the time the Transaction is performed.

10. ADVICE
10.1 The Services contemplated under this Agreement are provided on an execution only basis.
10.2 You are solely responsible for evaluating and selecting the timing and nature of all Transactions and shall not treat any information provided by us as financial advice. You must rely solely on your own judgement in determining whether the Services provided by us are appropriate.
10.3 Any decision to transact is always at your sole discretion and we cannot be liable for any loss including loss related to exchange rate movement before or after the Transaction.

11. COMPLAINTS
11.1 If you are not satisfied with our Services, please contact us directly by using the details shown using the following link: https://www.martrust.com/complaints.
11.2 Subject to applicable laws governing eligible complaints, if you are still not satisfied after following our complaints procedure you may be eligible to ask the Financial Ombudsman Service to review your complaint. To check your eligibility to make a complaint, you may contact the Financial Ombudsman Service through: Phone: 0800 023 4 567,
International: +44 20 7964 0500
Email: [email protected]
Post: Exchange Tower, London, E14 9SR, United Kingdom.
Up-to-date details of the Financial Ombudsman Service can be found at www.financial-ombudsman.org.uk.

12. MISCELLANEOUS
12.1 Audit Rights. You should keep and maintain for six years after termination of the Agreement, full and accurate documentation and records which enable us to conduct an audit inspection in relation to the Services. The Parties shall fully cooperate and provide all the information reasonably required to conduct an audit inspection.
12.2 Jurisdiction. This Agreement shall be governed by English Law. The Parties agree to irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales, United Kingdom.
12.3 Third Party Rights. A person who is not a Party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
12.4 Assignment. You consent to us assigning our rights under this Agreement and you will execute any documents (including a deed of novation) reasonably required by us to effect such a transfer. You may not assign your rights under this Agreement without our prior written consent.
12.5 Publicity. You shall not, without our prior written consent disclose the terms of this Agreement to any person.
12.6 Variation. We reserve the right, in our sole discretion, to change, amend or otherwise modify the terms and conditions contained within this Agreement upon written notice to you or, in the case of any services accessed through our App, upon posting of the changes, amendments or modifications to the App. Any changes, amendments or modifications shall be effective two (2) Months from the date of notice. Any amendments made by you to the terms and conditions contained within this Agreement shall not be binding unless set forth in a written addendum by us and you.
12.7 The Agreement and the services provided hereunder are subject to all applicable laws, rules and regulations including, but not limited to the FCA Rules. If there is a conflict between this Agreement and any applicable laws, the latter shall prevail.

PART B: Access to our Services

13. OUR APP
13.1 We have developed and hereby provide you with access to the App. You may use the App in accordance with the terms of this Agreement in connection with the use of the Services.
13.2 You will be given access to the Services when you are registered (by your Employer, crew manager or otherwise) to access the same. You will then be sent a welcome e-mail which will provide instructions for how to access the App.
13.3 You will be provided with log-in credentials to access the App which will be sent to your registered e-mail address. When logging into the App for the first time, you will be prompted to set a password. The App uses multi-factor authentication:
13.3.1 when creating or changing of your password and security questions and answers.
13.3.2 in connection with approving Instructions and altering Instructions.

13.4 When using the App, you must take all reasonable steps to keep your log-in details safe at all times; it is advisable to change your password regularly (at least every three (3) to six (6) Months). To reduce the risk of a security breach in relation to your access to the App:
13.4.1 never disclose your log-in details to anyone;
13.4.2 we recommend that you do not:
13.4.2.1 choose log-in details that can be easily guessed by someone else.
13.4.2.2 log-in through a device if you are not in full control of it or if it is not in your possession.
13.4.2.3 leave any device from which you have logged in to App unattended.
13.4.2.4 stay logged in to the App when you are not accessing the Services.
13.4.2.5 write your log-in details down in a place where they may be easily discovered and/or without disguising them well.
13.5 If you have any indication or suspicion of your log-in details, password or other security features relating to the App being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you must contact us via one of the following methods:
13.5.1 via the App, selecting the ‘Card’ option and then ‘Report Lost / Stolen’ from the menu.
13.5.2 e-mail our customer service team who can be reached at [email protected].
13.5.3 Call our customer service team on +31 2106 244 770
without delay on becoming aware of the loss, theft, misappropriation or unauthorised use and change the password and if you think someone else knows your password, you must change it immediately.

13.6 You may not use the App for any purpose, function, or feature not described in the documentation or otherwise communicated to you by us. We will update the App from time to time and may add or remove functionality. We will provide you reasonable notice in the event of material changes, deprecations, or removal of functionality from the App so that you may continue using the Services with minimal interruption.
13.7 All the Intellectual Property Rights in the Services and the App is and shall remain, our sole property. You shall not directly or indirectly decompile, disassemble, reverse engineer, or otherwise attempt to derive or discern the source code or internal workings of the App.
13.8 We are not able to guarantee that your access to the App will be uninterrupted, continuous or error free.
13.9 We shall use reasonable endeavors to keep the App free from Malware, but we cannot guarantee that it will be free from Malware.
13.10 We may delay, decline, or reverse any Instruction if we reasonably suspect that the Transaction might be associated with financial crime or otherwise unlawful or that by carrying out the Transaction, we might breach our Compliance Obligations.
13.11 We may terminate your use or the use of the App at any time.
13.12 You must take all reasonable precautions to keep safe and prevent fraudulent use of the App.
13.13 You must not misuse the App by knowingly introducing Malware or other material which is malicious or technologically harmful.
13.14 You must not use the App to perform any Transactions for any illegal or unlawful purposes.
13.15 You are responsible for obtaining, maintaining and ensuring connectivity to and compatibility of your own equipment when using the App. We will not be responsible for any loss of or damage to your data, software, computer, telecommunications, or other equipment caused by your use of the App unless such loss or damage is caused by our negligence.
13.16 You shall at all times remain responsible and liable for your acts and/or omissions.

PART C: Payment processing services

14. HOW CAN I PERFORM TRANSACTION?
14.1 Your E-Wallet is an account which enables you to perform Transactions in accordance with the terms of this Clause 14. Your E-Wallet is not a deposit account, and you will not earn any interest on the funds held in the E-Wallet.
14.2 Your E-Wallet is denominated in the currencies selected by you.
14.3 Each Instruction effected under the terms of this Agreement shall be an individual contract and we may refuse to perform a Transaction without specifying a reason (e.g., because we have a concern regarding our ability to comply with our Compliance Obligations). In order for us to perform the Transaction, each Instruction must contain the following information:
14.3.1 Beneficiary bank account details.
14.3.2 Currency in which the Transaction must be made.
14.3.3 Transaction Amount.
14.3.4 such other details as we may reasonably require from time-time-time including but not limited to additional information pertaining to the Beneficiary bank.
14.4 Once we have received the Instruction, we will confirm:
14.4.1 the foreign exchange rate which we intend to apply to the Transaction.
14.4.2 the Transaction Amount.
14.4.3 any additional terms which we intend to apply to the Transaction.
14.5 Upon placing an Instruction, we may provide you with a Transaction Confirmation, which we may provide in a single communication.
14.6 We will not allow you to perform any Transaction out of your E-Wallet if this would put your E-Wallet into a negative balance. You should therefore ensure that you have sufficient funds in your E-Wallet before providing an Instruction. It is your responsibility to ensure that the E-Wallet contains sufficient immediately available funds at least equal to the Transaction Amount required to enable us to process a Transaction in accordance with the Instruction. Failure to ensure the E-Wallet contains sufficient funds may result in one or more Transactions not being processed.
14.7 Please note that other costs, taxes, or charges may apply to you that are not charged by us and/or won’t be paid through us. You are responsible for paying such costs, taxes, or charges where these apply. It is your responsibility to determine what, if any, taxes apply to the Transactions you make or receive, and it is your responsibility to collect, report and remit the correct amount of tax to the appropriate tax authorities. If we are required to withhold any taxes, we may deduct such taxes from amounts otherwise owed to you and pay them to the appropriate authority.
14.8 You can provide an Instruction by logging into the App (using your log-in credentials) and follow the instructions to submit your Instruction.

14.9 When placing an Instruction, you will be required to provide us with the requisite details that you will be prompted to give which will include the unique identifier in accordance with which we will process the Transaction.
14.10 A Transaction will be deemed to have been authorised by you if the relevant Instruction has been:
14.10.1 in accordance with this Agreement and any applicable security procedures; or
14.10.2 pursuant to any specific arrangements agreed with you and governed by separate terms and conditions.
14.11 We reserve the right to stop the use of any means or method (including access to the App) you use to provide us with Instructions if we have reasonable grounds to believe there is a concern relating to the security of the payment instrument or the suspicion of unauthorised or fraudulent use of the payment instrument. Before stopping the use of any payment instrument, we will inform you that we intend to stop such use and give our reasons for doing so, unless it is not reasonably practicable to do so, in which case we will inform you immediately afterwards. In either case, we will inform you in the manner in which we consider most appropriate in the circumstances and will not be obliged to inform you where doing so would compromise our reasonable security measures or otherwise be unlawful. You may request that the use of the payment instrument is no longer stopped by following the notification procedure referred to in the paragraph below, but we will not be obliged to accept your request until after the reasons for stopping its use cease to exist.
14.12 We reserve the right to refuse any Instruction which does not satisfy all the relevant conditions as set out in this Agreement or the execution of which would be unlawful, or otherwise contravene any Applicable Laws, and we shall not be liable to you for any such refusal. Unless such notification would be unlawful, we will notify you in the manner in which we consider most appropriate in the circumstances of the fact of refusal, (if possible) the reasons for the refusal and (where it is possible to provide reasons for the refusal and those reasons relate to factual matters) the procedure you may use to rectify any factual errors that led to the refusal.
14.13 Where you instruct us to process a Transaction from your E-Wallet, the Transaction Amount will be deducted by us from your E-Wallet balance. You must ensure that you have sufficient funds in your E-Wallet to cover the amount of any Transaction you want to make using the funds available in your E-Wallet. If you do not have sufficient funds in your E-Wallet, we reserve the right to postpone the execution date of the Transaction and we may impose a charge to cover the costs of us doing so.
14.14 You can check the balance held in your E-Wallet by logging into the App. Key information relating to Transactions performed using the E-Wallet, including all fees and any other charges applied to the E-Wallet and Transaction history will be made available at any time, and in accordance with Applicable Laws, by logging into the App and may also be downloaded by you as a report which can be stored and reproduced in an unchanged manner.
14.15 Each Transaction processed using funds available within the E-Wallet will be given a unique Transaction ID which will be set out in the Transaction history. You must quote this Transaction ID when communicating with a MarTrust Representative about a particular Transaction.

15. HOW WILL THE FUNDS BE SENT TO THE BENEFICIARY?
15.1 The payment method will be in accordance with the Instruction subject always to the availability and processing of the payment method in the destination country.

16. WHEN WILL FUNDS BE RECEIVED BY THE BENEFICIARY?
16.1 The Execution Time for Transactions will be three (3) Business Days from MarTrust sending the Transaction funds.
16.2 We cannot be responsible for any delays to the Beneficiary bank’s (or their correspondent bank’s) processing of a Transaction and cannot guarantee that the Beneficiary’s bank account will make the funds available to the Beneficiary on the day that it receives the Transaction Amount.

17. CAN I CANCEL OR ALTER THE DETAILS OF A PAYMENT INSTRUCTION?
17.1 If you wish to recall a payment Transaction after the time for cancelling or altering a payment Transaction has lapsed, we will make all reasonable endeavors to assist you with a recall. However, we will not be liable in the event that a recall is not possible, and we reserve the right to charge a reasonable fee for any assistance provided in connection with this Clause 17.1.
17.2 You shall indemnify and hold us harmless in full and on demand (without application of any right of set-off, deduction, abatement, counterclaim or otherwise) from any and all liabilities, claims, costs, fees, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or relating to the amending, cancelling or revoking an Instruction.

18. LIABILITY FOR INCORRECT EXECUTION AND UNAUTHORISED TRANSACTIONS
18.1 It is your responsibility to ensure that any Instruction is accurate and complete.
18.2 If you provide incorrect Beneficiary details, we will not be liable for any loss you incur, although we will use reasonable efforts to assist you in the recovery of the funds. We reserve the right to charge for any assistance provided in connection with this Clause 18.2.
18.3 In the case of a Transaction that is improperly processed due to our mistake, we shall at your request immediately refund the Transaction Amount to the E-Wallet. However, where you identify an error in an Instruction, you have up to seven (7) days from the date of the payment to notify us, after which time we will have no obligation to investigate or act upon your notification or provide a refund.
18.4 In the case of an unauthorised Transaction from the E-Wallet, we shall at your request immediately refund the Transaction Amount to the E-Wallet. We will not however be required to refund such a payment:
18.4.1 where the performance of an unauthorised Transaction arises from your failure to keep your App log-in, password or other security details safe;
18.4.2 if you fail to notify us without undue delay of any loss or misuse of a log-in or password or another event that could reasonably be expected to have compromised the security of the App and/or your E-Wallet after you have gained knowledge of such event in which case you shall remain liable for losses incurred after gaining such knowledge; or
18.4.3 if you fail to dispute and bring the unauthorised Transaction to our attention within seven (7) days from the date of the Transaction.

19. LIMITING USE OF YOUR E-WALLET
19.1 We may suspend access to the E-Wallet or otherwise restrict its functionality on reasonable grounds relating to the security of the E-Wallet or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of the E-Wallet has occurred or that any of its security features have been compromised.
19.2 We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless that would be unlawful or compromise our reasonable security interests.
19.3 We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.

20. CLOSING THE E-WALLET
Following termination of this Agreement, you should close your account and empty your E-Wallet. In the event that you require us to transfer any remaining balance on the E-Wallet to your nominated bank Account we reserve the right to charge a fee for the same.

Part D: MarTrust Prepaid Card Terms & Conditions

21. The MarTrust Prepaid Card Mastercard® terms and conditions govern the Prepaid Card and linked E-Wallet service and can be found at Part D of this Agreement and at https://www.martrust.com/card-terms/.

Part E: Salary Advance

22. ELIGIBILITY
22.1. Your Employer will determine whether you are eligible for the Salary Advance service.
22.2. We reserve the right, in our sole discretion, to decline, terminate or suspend provision of the Salary Advance service without specifying a reason.

23. HOW TO ACCESS THE SALARY ADVANCE SERVICE
23.1 If eligible, you can access the Salary Advance service offered by your Employer through your E-Wallet by logging into the App.
23.2. Key information relating to Salary Advance transactions using the E-Wallet will be made available to you in accordance with Applicable Laws.

24. CONSENT TO DISCLOSURE OF EMPLOYEE INFORMATION
24.1 The Salary Advance service relies upon information from your Employer about you. Accordingly, you consent to your Employer sharing the Employee Information required for the provision of the Salary Advance service.
24.2 We will not share your Employee Information and such information is not shared outside of MarTrust, other than with regulators, your Employer, and MarTrust’s service providers where necessary for the provision of the Salary Advance service.
24.3 We cannot provide retroactive access to Unpaid Earnings arising before you established your eligibility for the Salary Advance service with your Employer.
24.4 If your E-Wallet is closed, you authorise us to inform your Employer and to provide your Employer with your updated Salary Destination Account as provided to us.

25. YOUR OBLIGATIONS
25.1 You will take all actions, including the execution of documents requested by us, to preserve and protect our right, title, and interest in and to any Salary Advance.
25.2 You will not take any action or make any omission (including redirecting payments, or placing or allowing placement of a lien or security interest on any Salary Advance) that has, individually or in the aggregate, an adverse effect on our ability to collect on or retain any Salary Advance.
25.3 You will not use the Salary Advance service to obtain more Unpaid Earnings than you have earned, including receiving payments on the Salary Advance from both us and another party for the same work. If you receive a payment on the Salary Advance from your Employer or another party, you must notify us immediately and hold the amount in trust for our benefit.

26. SALARY ADVANCE CALCULATION
26.1. Based on the Employee Information provided by your Employer, we will calculate the amount of your Monthly Salary Advance entitlement which can be advanced on a daily basis during the Advance Period.
26.2. During the Advance Period, you will be entitled to request through the App your Daily Salary Advance.
26.3. The maximum Daily Salary Advance you can request each day will be displayed in your E-Wallet.
26.4. During the Advance Period:
26.4.1. If you do not request a Daily Salary Advance your entitlement will accrue meaning that the Daily Salary Advance available to you in the following days will increase.
26.4.2. Any Daily Salary Advance that you do request following accrual in accordance with 26.4.1. shall result in a monetary adjustment of the Daily Salary Advance available to you thereafter.

27. REPAYMENT OF SALARY ADVANCE OWED
27.1. Each Month your Employer will pay your Salary from their E-Wallet to your E-Wallet.
27.2. At the end of the relevant Advance Period, we will calculate the total Salary Advance paid to you during the Advance Period, and the total amount shall be automatically debited from your Salary before it is paid from your Employer’s E-Wallet to your E-Wallet, the remaining balance of your Salary will be credited into your E-Wallet.
27.3. In the event that your Employer is unable to pay your Salary (for any reason, including but, not limited to financial difficulties, bankruptcy etc.), and you exercise your rights to recover the Salary owed to through other means, which are successful. You hereby agree to repay us any Salary Advance received for the applicable Advance Period immediately.

28. ALTERATION OF YOUR SALARY DESTINATION ACCOUNT
28.1 If you have utilised the Salary Advance service and decide that you no longer want your Salary to be paid into your E-Wallet you must inform your Employer as soon as reasonably practicable and provide your Employer with details of your intended Salary Destination Account. Your Employer will only be able to facilitate your request once you have no Salary Advance amounts outstanding.

29. TERMINATION OF EMPLOYMENT AGREEMENT
29.1 In the event of termination of your Employment Agreement you will inform us immediately.
29.2 Payment of your final Salary will be made to your E-Wallet, and any outstanding amounts owed to your Employer shall be debited from your Salary prior to be being credited in your E-Wallet in accordance with these terms.

30. LIABILITY AND INDEMNITY
30.1 We know that having the right to receive your Salary Advance has associated risks and we assume these risks based on representations, warranties and promises you make in these terms. You hereby agree that the provision of these terms is designed to give us a reasonable and fair opportunity to receive the benefit of our transaction with you.
30.2 Notwithstanding Article 6 of this Agreement, you agree to indemnify us from any loss we may incur resulting from any omissions made by you in accordance with this Agreement as applicable, unless as a result of our negligence, willful misconduct or fraud.

31. SET-OFF OF OUTSTANDING AMOUNTS
31.1 We have the right of setoff, and we may offset against any outstanding or uncollected amounts owed to us by you from any amounts we would otherwise be obligated to furnish to you or any amounts we might otherwise owe you under these terms or any other agreement. If we decide to exercise our right of setoff, we will notify you at least seven (7) days before we exercise it. In addition to exercising our right of setoff, we retain the right to pursue any other remedy permitted by law or equity.

Part F: Definitions

Whenever used in this Agreement, unless stated otherwise or inconsistent with the subject matter or context, the following words shall have the following meanings:
Advance Period means the period of time between each pay.
Agreement means these terms and conditions together with any schedules, appendices and/or annexes to them and any amendments to them made pursuant to these terms and conditions.
AML/CTF means anti-money laundering and counter-terrorist financing.
App (or “App”) means the MarTrust web or mobile application through which you can access the Services.
Applicable Laws means all applicable laws and regulations in force at any time which may apply to the operation and/or use of the Services, including but not limited to the Regulations and AML/CTF laws.
Beneficiary means a payee and recipient of a Transaction which you include in your Instruction.
Business Day means a day on which commercial banks are open for business (including dealings in foreign exchange) in England excluding Saturdays, Sundays, and bank holidays.
Compliance Obligations means our obligations to comply with Applicable Laws, international guidance, internal policies or procedures, requests and/or demands from the FCA or other authorities such as reporting and/or disclosure obligations and laws requiring us to verify your identity or otherwise.
Confidential Information means all information disclosed by a Party to the other Party pursuant to this Agreement which is either designated as proprietary and/or confidential, or by its nature or the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential.
Customer (or “you”) means the customer who is a Party to this Agreement.
Data Controller has the same meaning as set out in accordance with Data Protection Legislation.
Data Protection Legislation means the GDPR or any national implementing laws, regulations, and secondary legislation, as amended or updated from time to time, in the United Kingdom.
Daily Salary Advance means a percentage of the Monthly Salary Advance which can be requested daily as a Salary Advance by MarTrust to your E-Wallet within the Advance Period if you request for this within your E-Wallet.
Employee Information refers to your:
(a) name;
(b) mobile number;
(c) personal email address;
(e) your employee ID and/or payroll number
(f) date of birth;
(g) personal financial information that pertains to your Employment Agreement, such as salary amount, deductibles and any other relevant amounts;
(h) photographic ID;
(i) terms of your Employment Agreement, such as salary terms, conditions, commencement and termination date, prior notice periods, probation periods, and other information as deemed necessary;
(j) residential address;
(k) any other information disclosed by your Employer.
Employment Agreement means a signed written agreement between you and an Employer, by virtue of which a working relationship and its relevant terms and conditions are defined between both parties, namely, the scope of work and duties and correspondent Salary you shall receive for the performance of your work under this agreement.
Employer means a company with whom you have an Employment Agreement with, and that is a customer of MarTrust and possesses an active E-Wallet.
Employer Agreement Form means the form provided by MarTrust that the Employer must sign to formalize their agreement in relation to the provision of the Salary Advance service to you.
E-Wallet means the digital wallet which allows you to make electronic Transactions for goods and services.
Execution Time means the maximum time for the Beneficiary’s Service provider’s account to be credited.
FCA means the Financial Conduct Authority of 12 Endeavour Square, London, E20 1JN, United Kingdom or any successor body thereto responsible for regulating us within the United Kingdom.
FCA Rules means the handbook of rules and guidance of the FCA.
FSCS means the Financial Services Compensation Scheme.
Force Majeure means events or causes beyond the reasonable control of the affected Party including, but not limited to: an act of God, peril of the sea, unavoidable accident of navigation, act of terrorism, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident or other damage of our machinery or systems unless occurring by an act or omission of the affected Party.
GDPR means Regulation (EU) 2016/679 on the protection of natural persons regarding the processing of Personal Data.
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighboring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Instruction means any instruction made via the App to perform a Transaction.
Malware means any thing or device (including any software, code, file or programme) which may prevent, impair, or otherwise adversely affect the intended user experience of a system or the operation of any computer software, hardware, network equipment, telecommunications service, or any other service or device.
Month means calendar month.
Monthly Salary Advance means the total Salary Advance which you are entitled to during the Advance Period.
Normal Business Hours means 9:00 to 17:30 (GMT) on all Business Days.
Party/Parties means the parties under this Agreement.
Personal Data has the meaning set out in the Data Protection Legislation and relates only to personal data, or any part of such personal data, in respect of which we are providing services under the terms and conditions of this Agreement.
PCISL means PFS Card Services (Ireland) Limited, a company registered in Ireland with its registered office address at Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9, Ireland (with company registration number 590062, authorised and regulated as an e-money issuer by the Central Bank of Ireland registration number C175999).
Regulations means the Services Regulations 2017, as may be amended from time to time.
Prepaid Card means the provision of a loaded card, linked to an E-Wallet which allows you to make electronic Transactions for goods and services.
Salary means a fixed regular payment that you receive and that is made by your Employer to you by virtue of an Employment Agreement.
Salary Advance means the Unpaid Earnings we have agreed to make available to you before your Employer runs payroll for the Advance Period for a specified transaction fee.

Salary Destination Account means a bank account, a e-wallet account or the E-Wallet on which the Salary is paid to by the Employer.
Services means the services that are provided by MarTrust to the Customer, which consist of a payment processing service and the issuance of Prepaid Cards and linked E-Wallet (as governed by the MarTrust Prepaid Card terms and conditions contained within Part D of this Agreement), and/or the Salary Advance service.
Technical and Organisational Measures means the requirements regarding the security of the Personal Data, as set out in the Data Protection Legislation.
Transaction Amount means the total amount of the Transaction and any fees and other charges applied by us in connection with the provision of the Services which can be accessed by visiting https://www.martrust.com/fee-and-limits-schedule/.
Transaction Confirmation means a notification that details the Transaction you have directed us to execute upon receipt of the Transaction Amount.
Transaction means the processing of a payment (cross-border or otherwise) made in accordance with an Instruction.
Unpaid Earnings means the right to payment (e.g account receivable) owed to you by your Employer arising out of services you have provided to your Employer and any other related rights.