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YAY VISA GIFT CARD
CARD TERMS AND CONDITIONS
This agreement (“Terms”) sets out the terms and conditions relating to the use of the Card issued by
Enfuce License Services Ltd and constitutes a binding agreement between You and Us.
"You" and "Your" means the Cardholder, as defined below.
The Card is issued by Enfuce License Services Ltd (“Enfuce”, "We", "Our" or “Us”), a company
incorporated in Finland with registered address Metsänneidonkuja 12, 02130 Espoo, Finland and
company registration number 2992502-3. Enfuce is authorised and supervised by the Finnish Financial
Supervisory Authority as an electronic money institution and is authorised to issue card payment
instruments connected to the Card Scheme (as defined below) network.
The Card is provided to You in collaboration with YAY ehf. (see below for further details) which is
referred to in these Terms as the “Program Manager”. The Program Manager provides You with the
User Interface, provides Customer Services and performs certain activities related to the administration
and management of the Card Program on Our behalf.
These Terms apply to the following Card program (“Card Program”):
Card Program Description
Type of Card:
Consumer
Virtual card
Type of funding:
Reloadable debit Card: The Card is not a credit card and all use is limited
to the amount pre-loaded on the Card and any other limits referred to in
these Terms. The Card will not allow You to go into overdraft. The methods
of loading are specified by the Program Manager on the User Interface.
The Card is an electronic-money product. Please note that You will not
have recourse to the Finnish Deposit Guarantee Scheme in respect of
any funds loaded onto the Card.
Card Scheme:
Visa
Denominated
Currency:
For Cards issued in Iceland: ISK
Issuer:
Enfuce License Services Ltd, a company incorporated in Finland with
registered address Metsänneidonkuja 12, 02130 Espoo, Finland and
company registration number 2992502-3, and authorised by the Finnish
Financial Supervisory Authority as an electronic money and payment
institution.
Program Manager:
YAY ehf., reg. 671218-0940, Lágmuli 5, 108 Reykjavík
User Interface:
Website: www.yaymoments.com
Mobile application: YAY Moments
The User Interface enables activation, viewing of Transactions, viewing the
Available Balance, blocking and unblocking the Card and raising queries
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with Customer Services in relation to the use of the Card(s) and/or Available
Balance.
Unused Card limit:
The Card may be blocked or terminated if it remains dormant, i.e. unused
for a period of twelve (12) consecutive months. Once a dormant card is
blocked or terminated, unused card fees will apply to any Available Balance
remaining on the Card, as set out in the Schedule.
Transaction limits:
As set out in the Schedule.
Card use:
Mobile/e-commerce: Yes
ATM withdrawals: No
Territory: Points of Sale terminals in Iceland and online payments
worldwide.
Restriction on use: Can only be used with participating merchants/sellers
which have a contract with the Program Manager.
The activation and use of the Card is subject to the Terms set out below. You will be asked to confirm
Your acceptance of these Terms when You activate your Card via the User Interface. If You refuse to
accept these Terms then We will not be able to complete Your Card activation. These Terms will be
displayed on the User Interface at the time of Your Card Activation.
When You receive confirmation that your Card has been issued and/or activated, a legally binding
agreement will be created between You and Us, on the terms and conditions set out in these Terms.
Please note that the Program Manager is not a party to this agreement and Your relationship with the
Program Manager is governed by a separate agreement, referred to in these Terms as the Program
Manager Agreement.
Please read these Terms carefully and retain a copy for future reference. These Terms include:
1 Definitions and Interpretation .......................................................................................................... 3
2 Eligibility and other checks .............................................................................................................. 4
3 Purpose of the Card ........................................................................................................................ 4
4 Use of the Card ............................................................................................................................... 5
5 Temporary blocking of the Card ...................................................................................................... 6
6 Card Limits and Fees ...................................................................................................................... 6
7 Card Security................................................................................................................................... 7
8 Authorising Transactions ................................................................................................................. 7
9 Loss, theft and misuse of cards and Card suspension ................................................................... 8
10 Unauthorised and disputed Transactions ....................................................................................... 8
11 Liability ............................................................................................................................................ 9
12 Termination Rights ........................................................................................................................ 10
13 Our additional termination and suspension rights ......................................................................... 11
14 Other consequences of misuse of the Card .................................................................................. 12
15 Confidentiality and Data Protection ............................................................................................... 12
16 Amendments to Terms .................................................................................................................. 12
17 Miscellaneous................................................................................................................................ 12
18 Complaints .................................................................................................................................... 13
19 Law, Jurisdiction and Language.................................................................................................... 13
SCHEDULE ........................................................................................................................................... 14
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1 Definitions and Interpretation
1.1 Defined terms shall have the meanings defined below, unless defined elsewhere in these Terms:
“Applicable Law” means all applicable laws, including statutes, statutory instruments,
regulations, court decisions and judgements, any requirements, guidance or code of practice
stipulated by an applicable Regulatory Authority, and including any applicable rule or requirement
of any Card Scheme related to the issuance, sale, authorisation or usage of the Card and/or
services to be provided under these Terms.
“ATMs” means automatic teller machines where You may withdraw cash, if this functionality is
enabled for Your Card which is indicated on Card Program Description above.
“Available Balance” means the amount of pre-loaded funds available to be used by You on the
Card, subject to any transaction limits, as specified in these Terms.
“Business Day” means Monday to Friday, 9am to 5pm EET/EEST, excluding bank, national
and public holidays in Finland.
“Card” means each of the types of payment instruments specified in the Card Program
Description above such as virtual card or tokenised (electronic wallet) Card, issued to You by Us
in the Denominated Currency. References to the Card include all Security Details.
“Card Scheme” means the payment network to which the Cards are connected, as specified in
the Card Program Description.
“Cardholder” means You, the person to whom the Card is issued, i.e. the person who purchases
the gift Card until the Card is gifted to another person, and after the Card is gifted, the recipient
of the gift Card.
“Customer Services” means the support provided by the Program Manager to You and other
cardholders in respect of the Card and the Card Program, details of which are set out in the
Schedule to these Terms.
“Denominated Currency” means the currency specified in the Card Program Description.
“Personal Data” means any personal identity details relating to your application for the Card
and the use of the Card including (but not limited to) Your: name, date of birth, home address,
email address and telephone (landline and/or mobile) number and may include Security Details.
Full details of the Personal Data which We process are set out in Our Privacy Policy.
“PIN” or “PIN Code” means the personal identification number used to authorise Transactions
made using the Card, as provided to You by Us or, if Your User Interface has this functionality,
as set by You.
“POS” means a point of sale terminal.
“Program Manager” means the corporate entity or other organisation specified in the Card
Program Description, which is the administrative and technical manager of the Card, operates
the User Interface and provides Customer Services in respect of the Cards, in accordance with
these Terms.
“Program Manager Agreement” means any agreement between You and the Program
Manager in relation to the Card Program, including any terms of use of the User Interface and
any terms applicable to any additional services provided to You by the Program Manager.
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“Regulatory Authority” means as the context requires, any Card Scheme and/or any regulator
or agency having jurisdiction over Us or the Program Manager related to the issuance, marketing,
sale, authorisation or usage of the Cards or services provided under these Terms, including
without limitation the Finnish Financial Supervisory Authority.
“Security Details” means certain information relating to the Card and the Card use given by
You when applying for the Card, for example Your personal details or password, or information
provided by Us to You from time to time, for example card PIN, Card number (including three
digits CVV number), its expiry date or password associated with your account on the User
Interface.
“Transaction” means Your use of the Card to make a payment, or a purchase of goods or
services from a merchant.
“User Interface” means the website, subsites or mobile applications provided to You by the
Program Manager where You may perform certain operations in relation to Your Card, as
specified in the Card Program Description.
2 Eligibility and other checks
2.1 The application for and/or activation of Your Card may be subject to certain eligibility and other
checks carried out by the Program Manager on Our behalf, for example to verify Your identity.
You agree to provide all information and documentation requested by the Program Manager, as
necessary to carry out any such checks.
2.2 All information provided by You must be accurate and truthful to the best of Your knowledge. You
must promptly notify Customer Services if any of the information provided by You as part of Your
Card application changes, or, if such functionality is available, update Your information in the
User Interface. You must notify all changes to Your Personal Data, sanctions that may affect
You, or if Your use of the Card could become illegal for any other reason.
2.3 We (and the Program Manager on Our behalf) reserve the right to carry out additional checks
after Your Card has been activated, for example before We process any Transaction and/or
before we redeem any funds loaded onto the Card.
2.4 If You fail to provide the information or documentation requested by the Program Manager, We
may be unable to process Your Card application, activation and/or any Transaction, or even
suspend Your Card and ultimately terminate this agreement with You.
2.5 All card applications and activations are at Our discretion and We may refuse to accept Your
request to purchase and/or activate Your Card. We may also suspend Your Card and terminate
this agreement with You in the circumstances set out in these Terms, including under clause 13.
3 Purpose of the Card
3.1 The Card is a gift card product, which can be purchased by one person for the purpose of gifting
it to another person. In these Terms, when we refer to You as a Cardholder, we mean: (a) the
buyer of the Card until the Card is gifted to another person; and (b) the recipient of the gift, after
the Card is gifted by the buyer to the recipient.
3.2 The Card is a pre-paid payment instrument featuring immediate authorisation of Transactions
and debit of Available Balance (i.e. a reduction of the Available Balance as a result of a successful
Transaction).
3.3 The Card can be used in the manner specified in the Card Program Description, provided there
is sufficient Available Balance on the Card for the Transaction, including any applicable fees.
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3.4 The Card always remains Our property and must be returned to Us or destroyed on Our request.
The use of the Card is personal to You. You cannot assign Your rights under these Terms, and
You are strictly prohibited from allowing any third party to use the Card.
3.5 There is no interest payable to You on the Available Balance of the Card and no funds loaded
onto the Card amount to a deposit with Us.
4 Use of the Card
4.1 The Card expires on the date on the front of the Card. The Card cannot be used after it has
expired.
4.2 The amount relating to each Transaction and any associated fees will be deducted from the
Available Balance.
4.3 You agree to accept a credit to the Card (i.e. an increase in the Available Balance) if You are
entitled to a refund for any reason.
4.4 We are not responsible for ensuring that all merchants will accept Your Card.
4.5 Some POS terminals are not connected in real time to the Card Scheme approval network and
may not be able to accept Your Card. We accept no responsibility and will not be liable for any
inability to use Your Card in such POS terminals.
4.6 The Available Balance will need to be pre-loaded on Your Card, using the method specified in
the User Interface. Information regarding Available Balance and the methods of funding the Card
can be found in the User Interface and the Program Manager Agreement.
4.7 All pre-loaded funds will be kept by Us in accordance with Applicable Laws, which ensure that
any funds held by electronic money institutions, such as Enfuce, are held separately from Our
own funds, with a trusted banking institution. It means that in the unlikely event We become
insolvent, the cardholder funds are protected from claims of our other creditors.
4.8 The Card can only be used if it has sufficient Available Balance to complete a Transaction
(including fees). You should check that there is sufficient Available Balance on the Card prior to
attempting to make any Transaction to avoid disappointment or embarrassment if the Card is
declined.
4.9 If the Available Balance is insufficient to pay for a Transaction (including any applicable fees) the
Card may be declined.
4.10 If (in exceptional circumstances or in error) We process any Transaction despite insufficient
Available Balance, We will deduct such amounts from any subsequent top-ups or other payments
increasing the Available Balance or, if there is no sufficient Available Balance, we may ask You
to repay such amounts.
4.11 When using the Card at certain merchants, the merchant may hold an additional amount to cover
tips/gratuities, temporarily reducing the Available Balance on the Card.
4.12 Payments made on some machines generate a pre-authorisation to reserve an amount that may
be greater than the resulting payment Transaction. This could be for example when the Card is
used to book a hotel or a car rental, when the final amount of the bill is unknown when the pre-
authorisation is processed. In this case, if there is no sufficient Available Balance, the request for
pre-authorisation may be denied. For services offered by these machines, You should ensure
the Card has adequate Available Balance to meet the amount required by the pre-authorisation.
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4.13 We do not recommend using the Card as a guarantee of future payment, for example as a
deposit, as merchants such as these may estimate the final bill and this estimated amount will
be temporarily unavailable to access or spend on Your Card.
4.14 Goods or services paid for with the Card cannot be refunded by a merchant unless there was a
prior Transaction debited from the Card by that merchant of an equal or higher amount than the
refund requested. If You and a merchant agree to a refund, the merchant may process the refund
via a POS. Amounts credited to the Card as refunds will be available no more than three (3) days
after the time the refund order was received. If an amount is credited to the Card that exceeds
the amount of the refund, the amount in excess may be deducted from Your Available Balance.
Loading fees may apply to refunds processed via POS, if such fees are specified in the Schedule.
4.15 If Your Card remains unused for the period of time specified in the Card Program Description,
we will have the right to block it and deduct unused card fees specified in the Schedule from any
Available Balance remaining on the Card.
4.16 You may redeem or spend the Available Balance on the Card at any time prior to its termination
or expiry date. Following the Card’s termination or expiry, You will be able to redeem the unspent
funds via the User Interface or by contacting Customer Services.
4.17 You may obtain certain information concerning the Card, its Available Balance and recent
Transactions via the User Interface or by contacting Customer Services.
5 Temporary blocking of the Card
5.1 You may request to have the Card be blocked or unblocked by contacting Customer Services or
using the User Interface.
5.2 Blocking Your card will not satisfy Your obligation to inform Us of the suspected or actual loss,
theft, misuse or fraudulent use of the Card or of the Security Details. Please see clause 9 for
further details on what to do in these circumstances.
5.3 In certain circumstances, as set out in these Terms, in particular in clause 13, we may need to
suspend (i.e. block) Your Card. If We have to suspend Your Card, You will be notified by e-mail
or via the User Interface. If possible, You will be notified prior to the suspension of Your Card,
and at the latest, immediately after. However, in exceptional circumstances, if We reasonably
believe that providing such information would create a security risk or We are not permitted to
provide such information by any Applicable Law, we will have the right to suspend Your Card
without prior notification. We will try to reduce the duration of the suspension, but the decision to
unblock the Card will be at Our discretion.
6 Card Limits and Fees
6.1 The Card fees and use limits (including any applicable cash withdrawal and Transaction limits)
are outlined in the Schedule and will apply to the Card.
6.2 Each time the Card is used, the value of the Transaction plus any applicable fees will be debited
from the Card, meaning that they will reduce the Available Balance on the Card. If the value of
the Transaction plus any applicable fees exceeds the Available Balance on the Card the
Transaction will be declined. Please note that there may be fees that will be charged as a result
of a declined Transaction, if such fees are specified in the Schedule. These fees cannot exceed
the amount of the Transaction.
6.3 If, for whatever reason, We are unable to charge to Your Card Available Balance any fees and
other sums due to Us under these Terms, You agree to make the payment as soon as possible
following receipt of a payment request from Us or the Program Manager.
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7 Card Security
7.1 You should treat the Card like cash. If a third party gains access to the Security Details, You may
lose some or all of Your money on the Card, in the same way as if You lost cash.
7.2 You must keep the Card Security Details safe by taking appropriate measures, including, but not
limited to, the following:
i. never allowing anyone else to use the Card and never sharing the Security Details with anyone;
ii. complying with any reasonable instructions We or the Program Manager give about keeping
the Card and its Security Details safe and secure;
iii. using only secure internet sites and trusted merchants for making Transactions online;
iv. choosing strong passwords that mix alpha and numeric characters when managing the Card
via the User Interface;
v. shredding any personal information or Security Details relating to the Card that could be used
by an identity thief; and
vi. reporting thefts of any Security Details relating to the Card to any relevant organisations to warn
them of any potential attempts to commit identity fraud in Your name.
7.3 PIN may be disabled if an incorrect PIN is entered three (3) times at POS. If the PIN is disabled,
You should visit the User Interface or contact Customer Services to reactivate the PIN. There
may be a twenty-four (24) hour delay in reactivating the PIN.
7.4 You must ensure that the Transactions that You will undertake using the Card do not contravene
any Applicable Law and that You will at all times comply with all Applicable Laws in relation
to the use of the Card.
7.5 You must not under any circumstances send active and/or loaded Card to Us, the Program
Manager or any third party, by post or any other unsecure delivery method.
7.6 Information sent over the internet may not be completely secure. The internet and the User
Interface are not controlled or owned by Us so We cannot guarantee that they will be secure or
that they will function at all times and We accept no liability for their unavailability or interruption.
8 Authorising Transactions
8.1 You will need to give Your consent to each Transaction so that We can check it is genuine. If
electronic wallet is enabled for the Card, Transactions up to €50 may be authorised simply by
tapping Your Card against a contactless POS terminal. However, contactless Transactions above
€50 will require additional authorisation step, for example entering Your PIN into the POS
terminal.
8.2 When You use Your Card to make an online purchase at €30 or more, in addition to providing
Your Card details, You will be asked to confirm Your identity. Depending on the authentication
technology used, You may be asked to authenticate the Transaction by: (i) something You know,
for example, a password; (ii) something You have, for example, a passcode sent to Your mobile
phone, a card reader or other device generating a one-time passcode; and (iii) something You
are, for example using a fingerprint scanner, face recognition or other authentication methods
that enable verifying that it is You who is authorising the Transaction. A technology called 3D
Secure is often used by merchants to facilitate such secure online authentication, and some
technologies will enable You to use the User Interface as part of the Transaction authorisation
process. Please note that We are not responsible for any such authentication technologies and
we cannot be held liable for anything related to the use of such technologies.
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8.3 Once You have given Your consent to the Transaction, it will be considered as authorised by
You.
8.4 Once a Transaction has been authorised by You, it cannot be revoked and the time of receipt of
a Transaction order is when We receive it.
8.5 Your ability to use or access the Card may occasionally be interrupted, for example, if We need
to carry out maintenance on Our systems. You should notify Customer Service of any problems
experienced using the Card or report the issue via the User Interface and We will do our best to
resolve these as soon as possible.
9 Loss, theft and misuse of cards and Card suspension
9.1 If the Card is likely to be misused by a third party or You suspect that someone else may know
the PIN or other Security Details or has carried out an unauthorised Transaction, You must stop
using the Card and notify Customer Services directly (and block Your Card via the User Interface,
if such functionality is available). You must do this as soon as possible on becoming aware of
the loss, theft or misappropriation of the Security Details or unauthorised use of the Card. Unless
already blocked by You via the User Interface, the Card will be suspended to avoid further losses
upon Our receipt of a notification in accordance with this clause.
9.2 We may also suspend a Card with or without notice if:
i. We suspect that the Card, PIN or any other Security Details have been, or are likely to be,
misused;
ii. if any Transactions are deemed to be suspicious and/or are identified as being fraudulent;
iii. if We have reason to believe that You have broken an important condition of these Terms
related to the use of the Card.
9.3 You will be required to confirm details of the loss, theft or misuse to Us in writing.
9.4 You may be required to assist Us, Our agents or the police if the Card is stolen or We suspect
the Card is being misused.
10 Unauthorised and disputed Transactions
10.1 You must notify Customer Service as soon as You become aware of a Transaction that has
not been authorised by You in accordance with clause 8.1 above, or if You believe that We have
incorrectly executed a Transaction. You must notify Customer Service not later than 13 months
from the date when such Transaction affected Your Available Balance on the Card.
10.2 We will investigate the circumstances leading to the unauthorised Transaction. We may ask You
to provide Us with supporting information and documentation to help Us with Our investigation
and You agree to cooperate with Us. You also agree to cooperate with any authorities involved
in Our investigation.
10.3 Subject to the remaining provisions of this clause 10, We will refund the amount of the
Transaction (and any applicable fees) by the next Business Day after we become aware of an
unauthorised Transaction, unless We have reasonable grounds for suspecting fraud.
10.4 You will not be entitled to a refund in respect of an unauthorised Transaction if:
a) You did not notify Customer Service as soon as You became aware of the unauthorised
Transaction (and in any case within thirteen (13) months from the date when such
unauthorized Transaction took place); or
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b) the unauthorised Transaction is a result of: (a) fraud committed by You; or (b) Your
intentional or grossly negligent failure to comply with the security requirements in
relation to Your Card (as specified in clause 7 above).
If You are not entitled to a refund as a result of the above and if We have already processed it,
We will be entitled to deduct the refund amount from Your Available Balance.
10.5 If the unauthorised Transaction is a result of a lost, stolen or misappropriated (i.e. used by
someone else) Card Security Details, You may be required to bear some or all of the costs of the
unauthorised Transaction, up to a maximum of €50. In this case, any refund issued by Us would
relate to the value of the unauthorised Transaction in excess of €50. However, this provision will
not apply, and You will be entitled to a full refund, if it was not possible for You to notice that Your
Card Security Details were lost, stolen or misappropriated, or if the Transaction was caused by
acts or lack of action on Our side (for example if We failed to block the Card after You notified
Customer Services of a loss, theft or misappropriation of the Card Security Details).
10.6 Any refund received by You is Your only remedy and We will not be liable to You for any other
losses You suffer as a result of an unauthorised Transaction.
10.7 If We have processed a Transaction properly authorised by You but You decide to challenge the
Transaction and request a refund, You should contact the merchant who took the payment. If
they refuse to issue a refund, We may be able to raise the dispute with the Card Scheme and if
Your dispute is successful, the Card Scheme may issue a chargeback to Your Card. All
chargeback requests will be handled by Us in accordance with the rules of the applicable Card
Scheme and We cannot guarantee that chargebacks will be issued. Unless We receive the
chargeback sum from the Card Scheme, We will not be required to credit any chargebacks to
Your Card.
10.8 If You have authorised a merchant whose payment services provider is based in the UK or EEA
to take a payment in GBP or EURO from Your Card, You can request a refund if: (a) the merchant
or their payment service provider did not provide You with the amount of the Transaction when
You were asked to authorise the payment (for example because the transaction related to a hire
car or hotel and the final amount was not known at the time of authorisation); (b) the amount
charged to Your Card was more than You could reasonably have expected to pay in these
circumstances (for example if it is disproportionate to Your previous spending or the facts
surrounding the payment); and (c) You make a refund request within 8 weeks of the date when
the payment was charged to Your Card. Within 10 Business Days of the date when You make
Your request (or from the date when We ask for clarification or information regarding Your refund
request) We will either refund the payment in full or tell You the reasons why We believe You are
not entitled to a refund. However, You will not be entitled to a refund under this clause 10.8 if
information about the Transaction was made available to You by the merchant in the agreed
manner for at least 4 weeks before the payment due date.
10.9 If We refund or credit any chargeback to Your Card in error, We will be entitled to claim the
relevant amount back from Your Card by deducting it from Your Available Balance. We will notify
You if We issue any refunds or chargebacks in error.
11 Liability
11.1 We will not be liable to You in respect of any losses You may suffer in connection with or arising
from the use of the Card, except where such losses are due to a breach by Us of these Terms
or due to Our negligence. In addition, We will not be liable for: (a) any matters arising from or in
connection with Your relationship with the Program Manager (including in respect of the Program
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Manager Agreement) and/or any third party engaged by the Program Manager in connection with
the Card Program; (b) any disputes concerning the quality of goods or services purchased from
any merchant that accepted the Card or for any additional fees charged by the operator of POS
(e.g. when You are offered currency conversion choice at a point of sale); and (c) any losses or
damages related to any business or commercial activity You carry on, including any business
losses, loss of profit and loss of business opportunity. We will also not be liable for any loss due
to: (i) any failure due to events outside Our reasonable control or caused by any third party; (ii)
any system failure or industrial dispute outside Our control; (iii) any retailer refusing to or being
unable to accept the Card; (iv) the way in which any refusal to accept the Card is communicated
to You; (v) any infringement by You of these Terms, any currency laws or other Applicable Laws;
(vi) Our taking any action required by any government, federal or state law or regulation or court
order; or (vii) anything specifically excluded or limited elsewhere in these Terms.
11.2 You agree to compensate Us in full for any losses We suffer if You have acted fraudulently, been
negligent or have misused the Card or any of the services which We provide to You.
11.3 The above exclusions and limitations set out in this paragraph shall apply to any liability of Our
affiliates such as the Card Scheme, and other suppliers, contractors, distributors and any of their
respective affiliates (if any), which may arise in connection with these Terms. For all intents and
purposes of the law, We are appearing hereon also as agents for Our affiliates such as the Card
Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if
any), limitedly for the purpose of this clause.
12 Termination Rights
12.1 This agreement will continue in force until termination of Your Program Manager Agreement with
the Program Manager, or unless otherwise terminated in accordance with the provisions of these
Terms.
12.2 If You have applied for the Card online, You can cancel Your Card and terminate this agreement,
without charge, within 14 days from the date Your activation of the Card has been approved by
us. To cancel your Card you should contact Customer Services.
12.3 These Terms may be terminated at any time by You by sending at least thirty (30) days' written
notice to Customer Services.
12.4 We can terminate these Terms and cancel Your Card by sending You at least two (2) months’
written notice. Our notice may be delivered to You by the Program Manager on our behalf,
including via the User Interface.
12.5 A cancellation fee may be deducted from the Available Balance on the Cards, if such fee is
specified in the Schedule.
12.6 During the termination notice period, all Available Balance on pre-funded or debit Card(s) Cards
must be either spent or redeemed by You in accordance with Clause 12.8.
12.7 If an expired Card is not renewed, this agreement will terminate automatically on the Card expiry
date. Any Card renewal shall be subject to these Terms.
12.8 Any remaining funds left on the Card after its cancellation, termination or expiry, less fees in
accordance with the Schedule, can be redeemed by you by contacting Customer Services.
12.9 We may also charge a redemption fee, if such fee is specified in the Schedule, if You request
redemption of any funds held on a Card. We will not charge any redemption fees if Your
redemption request is made after termination of these Terms (or the Card, as applicable), up to
one (1) year after such termination.
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12.10 All funds redemption may be subject to certain checks carried out by Us or the Program Manager.
12.11 For the avoidance of doubt, after a Card has been gifted by the buyer of the Card to the recipient
of the gift, only the recipient of the gifted Card is entitled to make a redemption of funds request.
This applies whether the request is made before or after termination, cancellation or expiry of the
Card.
13 Our additional termination and suspension rights
13.1 We reserve the right, at Our discretion to terminate these Terms, or to suspend the use of the
Card (i.e. block it), restrict its functionality and/or to demand the return of the Card if any of the
following circumstances arise:
i. The Card was not activated within the notified activation period;
ii. We reasonably suspect the security of the Card has been compromised in any way;
iii. the Card has a zero or negative balance (unless it is a credit Card) for more than three (3)
consecutive months;
iv. We are required to do so under Applicable Law or where We believe that continued use of the
Card may be in breach of Applicable Law;
v. in the event You or any third party engage in any actual or attempted fraudulent activity or We
reasonably suspect You or any third party to have done so;
vi. We believe that Your continued use of the Card may damage Our reputation;
vii. We believe that the use of the Card may result in harm to Us or Our systems or if We have
good reason to believe this is necessary for security reasons (for example any security issues
affecting the User Interface or Card processing facilities);
viii. You fail to provide the Personal Data necessary for Us to comply with Our legal obligations and
to fulfil these Terms;
ix. You haven’t given Us information We need or We believe that any of the information that You
have provided is incorrect or false;
x. We cannot process Transactions due to the actions of third parties;
xi. You have breached these Terms;
xii. You have been declared bankrupt; or
xiii. in case of non-payment of any annual or other applicable fees, if such fees are specified in the
Schedule.
If possible, We or the Program Manager will notify you before these Terms are terminated by
Us or Your card suspension (i.e. blocking).
13.2 We will remove the block on the Card as soon as practicable after We are satisfied, acting
reasonably, that the reasons for suspending it no longer exist. If the circumstances for
suspending the Card continue for one (1) month, We may terminate these Terms instead.
13.3 Any termination or expiry of these Terms, however caused, will be without prejudice to any
obligations or rights of either of the parties which may be accrued prior to termination or expiry
and shall not affect any provision of these Terms which is expressly or by implication intended to
come into effect on, or to continue in effect after, such termination or expiry.
12 (16)
14 Other consequences of misuse of the Card
14.1 In addition to such actions constituting a break of the provisions of these Terms, any illegal or
fraudulent use of the Card by You may be reported to the Police or any other relevant regulatory
authority.
15 Confidentiality and Data Protection
15.1 We are the Data Controller of Your Personal Data associated with the application for and use of
the Card and will collect certain information about the purchaser and the users of the Card in
order to operate the Card program. Your provision of Your Personal Data and Our processing
of that data is necessary for Us to carry out Our obligations under these Terms. At times, the
processing may be necessary so that We can take certain steps, at Your request, prior to entering
into the Terms. If You fail to provide the Personal Data which We request, We may be unable to
continue to provide Our services to You and may refuse to accept Your Card application or
activation, or take steps to terminate these Terms in accordance with Clause 13.1viii above.
15.2 By accepting these Terms, you give your explicit consent for Us to process your Personal Data
to the extent necessary to issue the Card and provide payment services related to the Card
(including processing and executing Card Transactions). This clause is without prejudice (i.e. it
does not affect) Our rights to process your Personal Data for other purposes and on the basis of
the lawful grounds described in Our Privacy Notice (available at: https://enfuce.com/privacy-and-
data-protection/).
15.3 We will manage and protect Your and/or the Card User Personal Data in accordance with all
applicable data protection laws. For full and comprehensive information about when and why We
collect personal information about Your and/or the Card Users, how We use it and the conditions
under which We may disclose it, please refer to Our Privacy Notice which is provided to You at
the time We collect Your Personal Data and which is available on the following website:
https://enfuce.com/privacy-and-data-protection/.
16 Amendments to Terms
16.1 If We need to make any changes to these Terms, We will ask the Program Manager to notify You
of the new Terms, or will contact You directly, at least two (2) months before We implement the
changes. In exceptional circumstances, where it is impossible for Us to give You at least two (2)
months’ notice in advance (for example if there are urgent legislative changes), the notice period
may be shorter, but We will do Our best to give You as much notice as possible (“Change
Notice”).
16.2 If We need to introduce changes that are less favourable to You than the Terms to which You
agreed when You applied for the Card, and You do not agree to such new Terms, You can notify
Customer Service that You reject the proposed new Terms. You must notify Customer Service
before the expiry of the Change Notice, i.e. before the date when We propose to implement the
new Terms. If We do not hear from You before such date, We will assume that You have
accepted the changes, and You will be deemed to have accepted the new Terms.
16.3 If You reject the new Terms, this will mean that You terminate this agreement and cancel the
Card. You will not be charged anything for terminating this agreement in these circumstances.
17 Miscellaneous
17.1 You acknowledge and agree that We may exercise Our rights under these Terms via the Program
Manager and to this limited extent, references to “Us”, “We” or “Ours” shall be interpreted as
references to the Program Manager.
13 (16)
17.2 Nothing in these Terms will confer on any third party any benefit under, or the right to enforce
these Terms.
17.3 This agreement is personal to You and You are not allowed to transfer Your rights or obligations
under these Terms to anyone. We may assign any of Our rights and obligations under these
Terms to any other person or business, subject to such party continuing the obligations to You
herein.
17.4 We may contact You by letter or email using the contact details You provide on the User Interface.
17.5 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or
unenforceable, the legality, validity and enforceability of any other provision of these Terms will
not be affected.
17.6 These Terms set out the entire agreement between You and Us.
18 Complaints
18.1 The Card program is managed by the Program Manager. Should You wish to contact Us or
complain about any aspect of Our service please contact Customer Services.
18.2 If having received a response from the Customer Services team You are unhappy with the
outcome You can escalate Your complaint to Us at complaints@enfuce.com.
18.3 We will make every effort to reach a resolution to Your complaint, if We are unable to resolve
Your issue to Your satisfaction We will explain the reasoning behind Our decision.
18.4 In the unlikely event that We are unable to resolve Your issue, You have the right to refer your
complaint to the Consumer Disputes Board (Kuluttajariitalautakunta), Hämeentie 3, PL 306,
00531 HELSINKI (phone: 029 566 5200, website: www.kuluttajariita.fi/en).
19 Law, Jurisdiction and Language
19.1 These Terms and any disputes, which arise under it, shall be exclusively governed and construed
in accordance with the laws of Finland and subject to the exclusive jurisdiction of the Helsinki
District courts or the district court of Your place of residence.
19.2 The English language version of these Terms and of any communications and User Interface
content (if English version is available) will prevail over any other language version which We
may issue from time to time.
14 (16)
SCHEDULE
Unless specifically stated otherwise, words and expressions in this Schedule have the same meaning
and interpretation as defined in the Terms.
A. CUSTOMER SERVICES
The Customer Service can be contacted via the methods below:
● Business days between 9 am and 5 pm CET excluding official holidays in Iceland
● By e-mail: info@yay.is
● On the User Interface: www.yaymoments.com or the YAY Moments app
Please note that We and the Program Manager reserve the right, after having informed You at the time
of the call, to monitor/record the conversations between You and Customer Services for quality
assurance purposes.
B. SERVICES INCLUDED IN THE CARD
You can find out the available funds remaining on Your Card at any time by accessing the User
Interface.
C. TRANSACTION FEES
All payments made using Your Card shall be in the Denominated Currency. If a Card is used to pay for
goods and services in a different currency to the Denominated Currency, the amount payable shall be
converted at the Card Scheme conversion rate. In order to allow You to compare charges for currency
conversion, You can view the real-time percentage difference between the amount that will be charged
on Your Card for a foreign currency Transaction (consisting of the mark-up applied by the Card Scheme
as well as the surcharge referred to below) and the latest available euro foreign exchange rates issued
by the European Central Bank. You can view this information in the FAQs on the User Interface. You
accept and agree that Articles 3a (5) and (6) of Regulation (EC) 924/2009 (as amended by Regulation
(EU) 2019/518) do not apply and that no electronic message will be sent to You upon making a cross-
border currency transaction.
Note that exchange rates can fluctuate and that they may change between the time when the
Transaction is made and the time when it is settled and billed to You. You agree that any change to the
exchange rate may be applied immediately and without notice to You.
FX FEES
Foreign Exchange
transactions
Additional fee on FX transactions
Foreign exchange transactions
are not permitted
(1) Note: some merchants, in some countries, may charge an additional fee for payment by card. These
fees, which are set by the merchant, will be notified to You at the time of purchase.
CARD FEES
Issuing Fees (in ISK)
Fees
Card Fee (for first card issued)
No fee
Transaction Fees and usage
ATM withdrawal (exclusive of ATM operator fees)
Not applicable (no ATM
withdrawals are permitted)
15 (16)
Miscellaneous Fees
Card Replacement Fee (where card is lost, stolen, misappropriated,
subjected to unauthorised use or for any other reason)
No fee
Unused card fee
ISK 200 per month
Funds redemption fee (charged only if redemption request is made
before termination of these Terms or after 1 years from termination.
ISK 1000
Recurring Fees
Monthly fee
No fee
WEB SERVICES FEES
Activation
free
Obtain the details of all Transactions
free
Retrieve and print statements
free
Block or unblock Your Card
free
CHARGEBACK FEES
Refund handling fee
Fee applicable only if chargeback /
refund request is not valid
No fee
CARD LIMITS
Limit Type
Frequency
Amount
Max. value of transaction
per transaction
74000 ISK
Max. value of retail transactions
per 24 hours
74000 ISK
Max. value of retail transactions
per week
148000 ISK
Max. value of retail transactions
per month
222000 ISK
Max. value or all transactions
per 24 hours
74000 ISK
Max. value or all transactions
per week
148000 ISK
Max. value or all transactions
per month
222000 ISK
Min. Initial Load Value
per transaction
500 ISK
16 (16)
Max. Load Value
per transaction
222000 ISK
Max. Total Balance
per card account
222000 ISK
Max. Number POS (#)
per 24 hours
5
Max Number ATM (#) withdrawals
per 24 hours
Not applicable
(no ATM
withdrawals are
permitted)
Max Value ATM withdrawals
per 24 hours
Not applicable
(no ATM
withdrawals are
permitted)
