Terms and conditions of Change
- persons who DO NOT have their place of residence in any of the contracting states of the European Economic Area; and
- persons who are NOT at least 18 years of age.
INTERPRETATION AND DEFINITIONS
As used in these Terms, including the preamble hereof, unless expressly otherwise stated or evident in the context, the following capitalised terms and expressions shall have the following meanings:
- Account – the account opened with Change by a User, using which the User can access the Services.
- Apps – the Android, web and iOS mobile apps of Change, which give access to the Services.
- Change orCompany – xChange AS, an Estonian limited liability company registered under registry code 14428150, Rävala pst 4, 10143 Tallinn. References to “we”, “us” and “our” mean references to Change.
- Change Tokens orTokens – cryptographic ERC-20 tokens issued by Change, which are at the date of these Terms and Conditions trading on the cryptocurrency market KuCoin (https://www.kucoin.com/) as Change Coin (CAG). The list of cryptocurrency markets on which the Tokens are tradable may be amended by Change at its full discretion at any time without providing any prior notification thereof.
- Conversion Rate – the price of one unit of a given supported cryptocurrency in terms of a specified Fiat currency or another supported cryptocurrency, as quoted in the Apps and on the Website. The Conversion Rate is stated as a "Buy Price", which is the price of one unit of a supported cryptocurrency in terms of a specified Fiat currency or another supported cryptocurrency with which the eligible User may buy or has bought from Change the given supported cryptocurrency in exchange for the specified Fiat currency or another supported cryptocurrency, and as a “Sell Price", which is the price of one unit of a supported cryptocurrency in terms of a specified Fiat currency or another supported cryptocurrency at which the eligible User may sell or has sold the given supported cryptocurrency to Change in exchange for the specified Fiat currency or another supported cryptocurrency. Change may add a margin or “spread” within the quoted Conversion Rate and Users agree to accept the Conversion Rate as the sole conversion metric.
- Conversion Service – regulated service of cryptocurrency conversion (for which the Company has been issued a license by the Estonian Financial Intelligence Unit, no FVR000034) through which Users can buy supported cryptocurrencies from Change, in exchange for specified Fiat currencies and other supported cryptocurrencies and specified Fiat currencies from Change, in exchange for supported cryptocurrencies, as further described in Section 7 below.
- Custodian – the person who holds and is responsible for the safekeeping of the cryptocurrencies and/or tokens (including the Tokens) transferred to or held in the Wallet by the User, who at the date of these terms and conditions is Bitgo Inc.
- Fiat – currency that has been declared as legal tender by a government and is regulated by a central financial institution (dollars, euros, yen etc).
- Party – each of the User and Change.
- Services – services provided by Change to the Users, including the Wallet Service and the Conversion Service.
- Taxes ‒ taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever.
- Terms – these Terms and Conditions, as amended from time to time.
- User – anyone who uses the Website, Apps and/or Services provided by Change. References to “you” and “your” mean references to the User.
- Wallet ‒ the User’s cryptocurrency wallet, which can be accessed via the Website or the Apps.
- Wallet Service ‒ regulated service of a cryptocurrency wallet (for which the Company has been issued a license by the Estonian Financial Intelligence Unit, no FRK000026), as further described in Section 6 below.
- Website – website located at https://getchange.com/ and all subdomains of such website.
In these Terms, unless the context otherwise requires, a reference to:
- a Section is a reference to a section of these Terms;
- a person shall include a reference to its legal successors and permitted assigns;
- words denoting the singular include the plural and vice versa, words denoting persons include physical as well as legal persons; and
- a document is a reference to that document as may be amended or supplemented from time to time.
- In these Terms, “including” and “include” shall be deemed to be followed by “without limitation” where not so followed.
- Any obligation of a Party not to do something includes an obligation not to allow that thing to be done.
- The headings of these Terms are for convenience of reference only and do not in any way limit or affect the meaning or interpretation of the provisions of the Terms.
- As used in these Terms, including the preamble hereof, unless expressly otherwise stated or evident in the context, the following capitalised terms and expressions shall have the following meanings:
GENERAL CONDITIONS AND ACCOUNT OPENING
- To use the Services, the User must have opened an Account with Change, and any use of the Services must be carried out by the User exclusively through the Account opened for the User. One digital identity associated with the Account will be used for accessing all Services.
- By opening an Account or starting to use the Services, the User confirms that the User fully agrees to all the terms and conditions contained in these Terms.
- Each User must be at least 18 years of age to register for an Account or to use any of the Services.
- Change reserves the right to decide whether to open an Account and/or whether to provide Services to any persons and shall have no obligation to justify or outline the reasons for any rejection.
- All information that the User provides to Change at any time (including but not limited to the information provided upon the opening of the Account) must be accurate, current and complete and may not be misleading in any respect. Change may, from time to time, request such information to be updated and/or supplemented, in which case the User is obliged to provide Change with the updated and/or supplemented information without delay. If the User is not able or willing to update such information, Change has the right to close the User’s Account and/or restrict the User from accessing the Services.
- By opening an Account and using the Services, each User fully acknowledges that Change does not provide to the User any investment service or advice. Any information provided by Change on its Website or Apps should not be considered investment advice or recommendation, and independent professional advice should be sought where appropriate.
- Information on the fees payable for the Services is accessible through or on the Website and/or the Apps.
- Each User acknowledges that using the Services involves various types of risks, including but not limited to risks relating to the fluctuation of the value of any assets related to the Services (including Change Tokens), technical imperfections of Change Tokens, other cryptocurrencies, the Website and the Apps, regulatory uncertainties, and risks related to the operations and financial viability of Change. It is the obligation of each User to learn about and understand all the risks involved with the Services. Change strongly advises each User not to use the Services without sufficient understanding of the risks involved.
- Change encourages each User to consult with a financial advisor or other appropriate professional prior to starting to use the Services.
- Change administers and operates the Website and Apps from its location in Estonia. Although the Website and Apps are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website or Apps are available to all persons or in all geographic locations, nor are they appropriate or available for use outside Estonia.
- Change reserves the right to limit, in its sole discretion and without providing any justification related thereto, the provision and quantity of any feature, product or Service to any person or geographic area.
- Any offer for any feature, product or Service made through or on the Website or Apps is void where prohibited.
- If a User chooses to access the Website or download or access any of the Apps from outside Estonia, the User is solely responsible for complying with applicable local laws.
- Each User is responsible for maintaining adequate security and control of any and all login IDs, passwords, private keys, personal identification numbers (PINs), and any other codes or devices which are intended to or can otherwise be used to access the Account and/or use the Services.
- Each User must prevent unauthorized access to the Account and unauthorized use of the Services, the User’s account credentials or private keys, and must promptly notify Change of any such unauthorized access or use.
- Each User has an obligation to fully and timely cooperate with Change in the investigation of any suspected unauthorized access to the Account or use of the Services.
- Each User will be solely responsible, and to the maximum extent permissible under applicable legal acts, Change will have no liability, for any activity that takes place with the User’s Account if the Account has been accessed with the User’s account credentials, regardless of whether or not such access has been authorized by the User.
- Change provides to Users the service of a cryptocurrency wallet (Wallet Service) pertaining to the User’s Wallet. The Wallet Service entails enabling Users to interface with certain cryptocurrency networks listed in the Apps and on the Website, to view and transmit information about public cryptographic keys. Change has a right to unilaterally decide and change the cryptocurrencies which can be stored in the Wallet using the Wallet Service or converted using the Conversion Service.
- Upon using the Wallet Service each User is obliged to fully adhere to the terms and conditions of the Custodian, in addition to adhering to these Terms.
- Change is not a custodian of any cryptocurrency and/or tokens (including the Tokens) transferred to or held in the Wallet. All cryptocurrencies and tokens (including the Tokens) are held by the Custodian. Change reserves the right to change the Custodian at any time, without prior notification or justification thereto. To the maximum extent permissible under applicable legal acts, Change assumes no liability for any possible damages caused by the Custodian.
- Upon the creation of the Account, the Wallet is automatically created for each User, together with a public key which serves as the address of the Wallet. Change has the sole right to decide whether or not to disclose that public key to the User. Change may (but is not obliged to) disclose the public keys only to some Users chosen (at the full discretion of Change) and may at any time and without any prior notice to the Users stop or commence disclosing the public keys to the Users.
- To transmit information concerning the Account to the relevant cryptocurrency network (i.e. to carry out a transaction with cryptocurrency), two private keys (out of three private keys in total) are required. One of such private keys is held by Change, the other by the Custodian and the third is held by a third-party backup service provider.
- The User shall be solely responsible for the safekeeping of the third private key. If the User appoints a third party to control its private key, whether or not such appointment is made through the Website or the Apps, Change will not be responsible for the actions or omissions of such third party.
Change does not own or control the underlying software protocols which govern the operation of cryptocurrencies held in the Wallet. Such protocols are subject to changes in protocol rules, which are outside the control of Change and may materially affect the value, function, or name of the relevant cryptocurrency. Each user acknowledges and agrees that:
- Change is not responsible for operation of the underlying cryptocurrency protocols and that Change makes no guarantee of their functionality, security, or availability; and
- if a change in the software protocol related to the cryptocurrency occurs, Change may suspend the Wallet Service, and Change may decide not to provide Wallet Service for the cryptocurrency being affected or may configure the Wallet Service to enable the User to transfer the affected cryptocurrency.
- Change provides to certain eligible Users (depending on their domicile and other factors, determined at the sole discretion of Change) the Conversion Service, by which eligible Users may buy from and sell to Change supported cryptocurrencies, in exchange for specified Fiat currencies and other supported cryptocurrencies.
- Change makes the transactions described in Section 7.1 above on the basis of irrevocable instructions from the User eligible for Conversion Service, which can be submitted by such Users through the Apps or Website.
- Users are not allowed to cancel, reverse, or change any transaction marked as complete or pending after the submission of an instruction submitted in accordance with Section 7.2 above. If, after the submission of an instruction in accordance with Section 7.2 above by an eligible User, Change determines that it is unwilling to carry out the transactions requested by the eligible User in its instructions, Change may decline to carry out the transaction by notifying the User thereof on the Website and in the Apps, and shall assume no liability for any damages which arise to the eligible User as a result thereof.
- The Website and Apps will display to Users for all supported cryptocurrencies the estimated Conversion Rate or exact Conversion Rate for transaction marked as complete. The estimated Conversion Rate will also be brought out in the instructions submitted in accordance with Section 7.2 above and upon submitting to Change an instruction in accordance with Section 7.2 above, the eligible User must irrevocably confirm its request to carry out the transaction without certainty of Conversion Rate.
- After receiving from an eligible User instructions in accordance with Section 7.2 above, Change will complete the transaction requested by the eligible User in its instructions within 5 business days after receiving the payment (whereas a business day is considered to be a day when banks are generally open for business in Estonia), unless Change declines to carry out the transaction and notifies the User in accordance with Section 7.3 above. Change reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity.
- In case the eligible User requests in its instructions submitted in accordance with Section 7.2 above to buy from Change a supported cryptocurrency in exchange for a specified Fiat currency, the User must within 15 business days transfer to the bank account of Change (using the payment instructions displayed to the User in the Apps or Website) the amount of specified Fiat currency required for the transaction, as shown to the User in the Apps or Website. In case the eligible User requests in its instructions submitted in accordance with Section 7.2 above to buy from Change a supported cryptocurrency in exchange for another supported cryptocurrency, the amount of supported cryptocurrency which is to be transferred by the User to Change in exchange for the requested supported cryptocurrency will be automatically debited from the User’s Wallet. In case the eligible User requests in its instructions submitted in accordance with Section 7.2 above to sell to Change a supported cryptocurrency in exchange for a specified Fiat currency, the amount of supported cryptocurrency which is to be transferred by the User to Change in exchange for the requested Fiat currency will be automatically debited from the User’s Wallet. In case the eligible User breaches any of its obligations prescribed in this Section 7.6, Change has the right (but not an obligation) to refuse to carry out the transactions requested by the User by notifying the User thereof on the Website and in the Apps, and shall assume no liability for any damages which arise to the eligible User as a result thereof.
- In case the eligible User has in its instructions submitted a request to buy from Change a supported cryptocurrency, the amount of supported cryptocurrency bought by the User will after the completion of the relevant transaction be transferred to the User’s Wallet. In case the eligible User has in its instructions submitted a request to sell to Change a supported cryptocurrency in exchange for a specified Fiat currency, the amount of specified Fiat currency will be transferred after the completion of the relevant transaction to the User’s account specified in the User’s instruction, issued in accordance with Section 7.2 above.
- Change does not guarantee the availability of its Conversion Service, and the act of buying supported cryptocurrency is not and may not be considered a guarantee from Change that the User could sell the cryptocurrencies or Fiat currencies obtained using the Conversion Service back to Change.
PRINCIPLES OF ASSESSMENT, MANAGEMENT AND MITIGATION OF RISKS RELATED TO MONEY LAUNDERING AND TERRORIST FINANCING
- In order to manage the risk of money laundering and terrorist financing, and to abide by the statutory obligations applicable to Change, Change follows, and the Users are obliged to follow certain principles of customer due diligence, as further specified in this Section.
- User is not allowed to use the Services nor the Wallet for any activities which are related to or facilitate money laundering or terrorist financing.
Change reserves the right to, at any time:
- identify each User;
- request from User any documents, either as originals or as copies (as Change considers appropriate) and information (including personal), which Change considers relevant for the identification of the User or for the mitigation of money laundering and terrorist financing risks;
- regularly control the User’s data and documents which are used for identification and/or for the mitigation of money laundering and terrorist financing risks;
- transfer and disclose any information and documents received in accordance with this Section 8 to any and all governmental authorities and other persons to whom Change is obliged to transfer and disclose information and documents in accordance with applicable legal acts;
- transfer and disclose any information and documents received in accordance with this Section 8 to any and all third-party service providers, which Change uses to fulfil its obligations related to client identification and money laundering and terrorist financing prevention; and
- transfer and disclose any information and documents received in accordance with this Section 8 to the Custodian.
- Each User acknowledges that Change may upon the fulfilment of its obligations related to client identification and money laundering and terrorist financing prevention use the services of third-party service providers, and each User hereby grants its irrevocable and unconditional consent to such use of third-party service providers and the transfer and disclosure of information regarding the User to such third-party service providers.
- Each User acknowledges that Change may transfer and disclose to the Custodian any information and documents referred to in this Section 8, for the purpose of allowing the Custodian to fulfil their obligations related to client identification and money laundering and terrorist financing prevention, and each User hereby grants its irrevocable and unconditional consent to such transfer and disclosure of information.
Each User is obliged to immediately inform Change in writing of any changes to the information and documents provided to Change, inter alia:
- change of your name, address or other contact information;
- change of data regarding your identity document; and
- loss or theft of your identity document or credentials used for Change Account or Services.
- Each User is obliged to inform Change in writing of any other information which might be relevant in relation to client identification and money laundering and terrorist financing prevention, immediately after becoming aware of such information.
Each User is obliged to fully and timely cooperate with Change upon the gathering of information and documents referred to in this Section 8, as well as the fulfilment of any other obligations Change has in relation to client identification and money laundering and terrorist financing prevention under applicable legal acts. Should a User refrain from cooperation in accordance with Change in accordance with this Section 8.8, Change has the right to:
- stop the provision of any Services to the User;
- block the Account and limit the User’s access to the Website and the Apps; and
- withhold any payments made by or to the User in relation to the Services.
In addition to Section 8.8, Change reserves the right to block the usage of the User’s Account and limit the User’s access to the Website and the Apps, when Change suspects that:
- the Account is being used by any person other than the User;
- an offence is being committed, using the Account; and
- any of the information or documents provided by the User to Change or its third-party service providers may be untrue, and the User does not provide evidence, satisfactory to Change, proving the correctness of the information and documents.
- To the maximum extent permissible under applicable legal acts, Change assumes no liability for any damage caused to the User or any other persons by the actions provided for in Sections 8.8 and 8.9.
CLOSING THE ACCOUNT
- Each User has a right to close its Account at any time, subject to the User having no outstanding obligations towards Change nor the Custodian. From the moment of closing the Account, the User shall not be entitled to use any of the Services.
In addition to specific circumstances described elsewhere in these Terms, Change reserves the right to close the Account of the User:
- without any justification, by giving the User an advance notice of at least 14 days and refunding to the User the market value of any assets which the User has in the Wallet, for which such services have not yet been provided and cannot be provided after the closing of the Account;
- in case the User breaches: (i) these Terms; (ii) the terms and conditions of the Wallet Custodian; or (iii) any other terms and conditions referred to in these Terms or otherwise binding on the User, without giving any notice in advance; and
- in case closure of the Account is required by a competent authority, without giving any notice in advance.
- Each User is liable for and shall be obliged to compensate to Change any and all damages (including the loss of profits), which arises from the activities of the User.
- Change is liable for and shall be obliged to compensate to Users only direct monetary damages (and for the avoidance of doubt, no indirect damages or loss of profits) and only on the condition that such damages are caused to the User by Change either intentionally or due to gross negligence.
- The liability of Change is reduced by the amount equal to the damages which the User could have avoided by taking reasonable efforts.
- In addition to the limitations described elsewhere in these Terms, to the maximum extent permissible under applicable legal acts, Change assumes no liability for any damages caused by third parties (including but not limited to the Custodian) or by circumstances outside the control of Change (including but not limited to volatility of cryptocurrencies).
INFORMATION TECHNOLOGY AND INTELLECTUAL PROPERTY
- Unless otherwise stated, all materials including, but not limited to, logos, brand names, designs, images, photographs, video clips, written are copyrights, trademarks, service marks, and any other forms of intellectual property present in the Services or displayed in connection with the Services (e.g. in the Website), protected by registration or not, are owned by or licensed to Change. The foregoing also applies towards any software solutions or parts of it, programs and code present in the Service.
- Change grants to the User a limited, non-exclusive, not sub-licensable licence to access and use the materials, as specified in Section 11.1 of these Terms, for the User’s personal use, as required for the use of Services.
- No User is allowed to sell, distribute, publicly display, modify, otherwise alter or make any derivative use of the materials, as specified in Section 11.2 of these Terms, or any portion thereof, unless such User has been granted an express and written prior permission to do so by Change.
- The licence granted under Section 11.2 will automatically terminate upon the closing of the Account. Thereafter the User is no longer allowed to access or use any part of the material belonging to Change.
- In case the User’s actions or activities conducted in connection with the Service or while using the Service (including but not limited, through providing us feedback or leaving any comments addressed Change) amount to copyright protected work under applicable legislation, the User will automatically grant to Change, from the moment of the creation of such work, a non-exclusive, world-wide, sub-licensable, free-of-charge licence, which is valid until the copyright is protected under applicable legislation, in relation to such work.
- As stated in Section 11.1 of these Terms, Change retains full ownership and/or exclusive licence of any software, program, code or parts of it. The foregoing might be protected by security measures, which you are not authorized to change, disseminate, hack or alter in any way.
- Change is to be considered a data controller in respect of your personal data collected and processed in respect of providing Services to the Users. Change can be reached via [email protected].
- Change has appointed a data protection officer, who is Marek Pajussaar and who can be reached via [email protected].
- Change is processing Users’ personal data for the performance of or entering into a contract, in the form of the Terms, concluded or to be concluded with the Users. Each User’s personal data is processed for the purposes of providing the Services to the User. Without processing the User’s personal data, Change would be unable to provide Services to the User.
- For complying with our legal obligations deriving from applicable legislation, as specified in Section 8 above and for meeting our accounting/financial obligations, we are also processing Users’ personal data on the basis of legislation. For complying with our legal obligations, as specified in Section 8 above, Change may receive data from other sources than the User, e.g. from public and non-public sources.
- The personal data of Users is being processed by the following categories of data recipients: Change’s employees responsible for specific tasks regarding the Services, data processors who help Change with providing the Services (e.g. service providers for the maintenance of our IT-systems and for fulfilling our legal obligations as stated in Section 8 above) and third persons to whom Change is required to transfer data under applicable legislation, e.g. relevant state institutions and sector-specific authorities.
- Certain activities of Change may result in the transferring of personal data to third countries, meaning countries located outside the EU/EEA, and to countries in relation to which the EU Commission has not issued an adequacy decision, e.g. the US. For ensuring that the User’s data is protected, Changes applies appropriate safeguards in the form of standard data protection clauses adopted by the European Commission for the transfers. In case the User wishes to know more about the safeguards and obtain a relevant copy of them, please contact Change using the details specified in Section 12.2 above.
- Change is not responsible for the actions and processing activities of any third parties. Third parties are considered to be separate data controllers, whose services can be procured by concluding separate agreements with them. Third parties may transfer Users’ personal data to third countries and process it for independent purposes.
- Users’ personal data is, generally, retained as long as the User is using the Services. After the User has stopped using the Services and the Account of the User has been closed, pursuant to Section 9 above, the User’s personal data shall be retained as long as any claims can be presented on the basis of such data under applicable legislation. Certain data, e.g. data necessary for accounting purposes, data obtained for the purposes of the fulfilment of obligations related to anti-money laundering and terrorist financing prevention, shall be retained as required under applicable legislation and industry standards.
- For entering into a contract and for the performance of a contract between the User and Change, Change is applying certain automated decision-making methods to assess the User’s capability and suitability, among other for the purposes indicated in Section 8 above, to enter into a contract between the User and Change. Change is applying the capability of human-intervention into the aforesaid assessment, however, in cases the User is seen as not suitable for entering into the contract, in the form of the Terms, Change reserves the right not to enter into or stop the performance of the contract.
Each User, as a data subject, is, at any time, entitled to exercise the following rights:
- the right to request the correction of the User’s personal data;
- the right to request access to the User’s personal data;
- the right to request the erasure of the User’s personal data;
- the right to request the restriction of processing of the User’s personal data;
- the right to object to the processing of the User’s personal data;
- the right to exercise data portability in cases where such data has been provided for the performance of or entering into a contract or has been provided under the consent*; and
- the right to lodge a complaint to a supervisory authority.
- Clauses marked with “*” will become applicable with the application of the EU’s General Data Protection Regulation, on the 25th of May 2018.
- It is User’s sole responsibility to determine whether, and to what extent, any Taxes apply to any transactions User conducts through the Apps and Website or are associated with the Services, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate tax authorities. Your transaction history is available through the Apps. The fees collected by Change do not include any Taxes.
- Change may unilaterally amend these Terms without providing any advance notice or justification thereto. Any amendments to the Terms shall take effect as of uploading them to the Website and making of them accessible in the Apps.
- A failure of Change to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
- If any part of these Terms is held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms.
- Change may assign these Terms (either collectively or each right and/or obligation separately, as decided by Change) to its parent company, affiliate or subsidiary without the consent of the Users. The Users may not assign any rights or obligations they have under these Terms without the prior written approval of Change.
- These Terms are governed by Estonian law. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity hereof, which the Parties have failed to solve by negotiations will be settled in Harju County Court as the court of first instance.
Account Terms & Conditions
“Distributor” means a third party, GetChange who will distribute the account and card to you on our behalf.
“You” means the named account holder being the authorised user of the GetChange account and Visa debit card and any additional cardholder.
“We”, “us” or “our” means Contis Financial Services Ltd or the Distributor acting on our behalf.
If you have any questions you can contact Customer Services by:
- Email: [email protected];
- Online: Log in to your GetChange account through your GetChange App and click on Send Us a Message to send us a secure message;
- Mobile App: click on Contact Us in your GetChange mobile app and send us a message;
- Post: 1st Floor, Navigation House, Belmont Wharf, Skipton, North Yorkshire, BD23 1RL.
A GetChange card is a Visa debit card that can be used worldwide wherever Visa is accepted. It can be used online, in shops, over the phone or to withdraw cash from an ATM.
You can only spend money that you have paid into your account, so before making transfers or using your card you need to make sure there are enough funds in the GetChange account. Monies in the GetChange account are not bank deposits and do not earn interest.
Before we can open an account for you and issue you a card we may require evidence of your identity and residential address and we may also need to carry out checks on you electronically.
You will then need to activate your card. You can do this:
- by logging into your GetChange account;
By activating your card you are agreeing to these Terms & Conditions. Your card must be activated within 3 months of it being issued or it may be automatically cancelled and your account may be closed.
If you have ordered a card for someone else, it is your responsibility to give them the information required to activate the card and retrieve the PIN. If they start using the card we will take this as confirmation that you have communicated these Terms & Conditions to them and that they have accepted them.
Please refer to the Fees and Limits table (section 32). Certain minimum and maximum limits and usage requirements apply to your account and card; such limits and requirements are detailed in the Fees and Limits table Section 32. We reserve the right to refuse to accept any particular payment if we suspect any fraudulent activity or in the event of other exceptional circumstances.
As soon as we receive the funds that you have paid in, they will be on your account and ready to use. There may be occasions when we delay the funds reaching your account for up to three working days, this may happen when we need to confirm the transaction with the sending bank.
Where an overpayment has been made to your account in error, we reserve the right to debit the account with the excess amount to correct the payment transaction.
You may transfer funds to your envelopes within your account, details are available through your online app. You are responsible for ensuring there are enough funds in your available balance for us to authorise your transactions or enough funds in your envelope to pay any future standing orders or direct debits you have set up.
- enter your PIN or provide any other security code;
- sign a sales voucher;
- provide your card details and/or any other details as requested; or
- wave or swipe the card over a card reader.
An account transaction is authorised by you when you access your online account using your personal security details and submit a transaction request or where you have set up a Direct Debit instruction. You must ensure that you input the correct bank account details for any payment you request from your account.
You may, in addition, be required to enter a one time passcode or other security information including biometric information to authorise a transaction or make account amendments. One time passcodes will be sent to the mobile phone number registered to your account.
As soon as a transaction is authorised we will deduct the value of your transaction from the available balance on your account. Fees may be deducted at the time of authorisation or when the transaction has been confirmed through the Visa system. A full breakdown of each transaction, including charges, will be available to view on your online account portal.
Once we have received authorisation for a transaction we will transfer funds to the retailer within 3 days, or to a bank or financial institution on the day we receive the authorisation or the day you requested the payment to be made for future dated transactions. A transaction will be received as follows:
- for Visa debit card transactions, at the time we receive the transaction instruction from the retailer or ATM operator;
- for faster payment transactions or transfers to other GetChange account holders at the time you ask us to complete the transaction. Same day faster payments will ordinarily be available at the receiving account within two hours of being submitted; and
- if after 2.30pm for same day bank transfers via CHAPS or international transfers, the instruction will be deemed to have been received by us on the following business day.
To withdraw your authorisation of a Visa debit card continuous payment authority, you must notify the retailer before the close of business on the business day before the day on which the transaction was due to take place and provide us with a copy of the notice if requested.
We may charge you an Administration Fee if a transaction is revoked by you under this paragraph (see the Fees and Limits table (section 32)).
An international transaction fee will apply to each of these transactions (see the Fees and Limits table Section 32. Any changes to the exchange rate used to convert foreign transactions will be made immediately. You can find the exchange rate for a transaction made in a currency other than pounds sterling on a given date at: https://www.visaeurope.com/making-payments/exchange-rates
- information on the payee of each transaction and a reference enabling you to identify each payment transaction;
- the amount of the transaction shown in the currency in which the transaction was paid or debited to the account;
- the amount of charges for the transaction;
- the exchange rate used in the payment transaction (where applicable); and
- the date the transaction is authorised or posted on to the account
You can also choose to use our SMS service to request your balance on your mobile phone and set-up SMS notifications for when money is paid into your account and when you have made a purchase or ATM withdrawal. Additional SMS services will be set out on our website or via your online account portal when they become available. The SMS number for registered cardholders is 07770 500500; standard mobile phone charges apply and a fee is charged for each SMS message that we send. Please refer to the Fees and Limits table (section 32). You agree that you have permission from the bill payer to access our SMS services.
If, for any reason, the transaction is completed when there are insufficient funds in your account then you will have to reimburse the shortfall to us, unless it is due to an error by the retailer with whom you made the transaction.
We may collect this shortfall from any card you have with us or from any funds which you subsequently pay into your account. We may suspend your cards until the negative balance is restored and charge you an Administration Fee (see the Fees and Limits table Section 32) for transactions that you make using your card that results in a negative balance or increases the negative balance on your account.
Where you have informed us that an executed payment was not authorised by you in accordance with these Terms and Conditions , and you have taken all reasonable steps to keep safe personalised security information, keep your card secure, not disclosed your PIN or security information to anyone else and not acted fraudulently, we will:
- refund the amount of the unauthorised payment to you; and
- restore the debited payment account to the state it would have been in had the unauthorised payment not taken place.
You may be entitled to claim a refund in relation to transactions where:
- the transaction was not authorised under these Terms and Conditions;
- we are responsible for a transaction which we fail to execute or incorrectly execute. In these circumstances, we will refund to you the amount of the non-executed or defective payment transaction and restore the debited payment account to the state in which it would have been had the defective payment transaction not taken place. We will also refund to you: (a) any direct charges for which you are responsible; and (b) any interest which you must pay, as a consequence of the non-execution or defective execution of the payment transaction; or
- a pre-authorised transaction did not specify the exact amount at the time of its authorisation and the amount charged is more than could reasonably be expected, taking into account previous spending patterns on the card and the circumstances of the transaction. We will either refund the full amount of the payment transaction; or provide justification for refusing to refund the payment transaction. Any refund or justification for refusing a refund will be provided within 10 business days of receiving a request for a refund or, where applicable, within 10 business days of receiving any further information requested. A claim for a refund in these circumstances will not be accepted if the amount of the transaction was made available to you at least 4 weeks before the transaction date or if the claim is made more than 8 weeks after being charged to your account
If you ask us to do so, and provided that you provide information and assistance that we request from you, we will investigate any disputed transaction or misuse of your card or account.
If the investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence (for example by failing to keep your card, security information or PIN secure or by failing to notify us without delay on becoming aware of the loss, theft, misappropriation or unauthorised use of the card or account), then we will not refund the transaction amount and you will be fully liable for all losses incurred because of the unauthorised use of the card or account.
If the investigations show that you have not acted fraudulently or with gross negligence, your maximum loss or liability to us for any unauthorised transaction will be limited to £35 and we will process a refund as soon as practicable, and in any event no later than the end of the business day following the day after we receive your notification.
- if sufficient funds are not paid into your account at the time of a transaction to cover the amount of the transaction and any applicable fees;
- if there is negative balance on your account;
- if we have reasonable grounds to believe that you are not using the card or account in accordance with these Terms & Conditions;
- if we believe that a transaction is potentially suspicious or illegal (for example, if we believe that a transaction is being made fraudulently); or
- because of errors, failures (whether mechanical or otherwise) or refusal to process a transaction by merchants, payment processors or payment schemes such as Visa, BACS or CHAPS.
All fees and charges will be apportioned up until the time of the termination of the contract, and any fees and charges paid in advance will be reimbursed proportionally. You will not be entitled to a refund of money you have already spent on transactions authorised, or pending or any fees for use of the card or account before the card or account is cancelled or expires.
- if this agreement or your card expires;
- if you break an important part of this agreement, or repeatedly break the agreement and fail to resolve the matter in a timely manner;
- if you act in a manner that is threatening or abusive to our staff, or any of our representatives; or
- if you fail to pay fees or charges that you have incurred or fail to pay back any negative balance on your card.
- If the account fails to have a balance for 3 consecutive monthly management fees
- suspect unauthorised or fraudulent use of your card or account;
- have any other security concerns; or
- need to do so to comply with the law.
In these circumstances, you must tell us what you want us to do with any unused funds. You must do this within 3 months of the date we tell you that your account is cancelled.
Alternatively, you may request a refund of the funds on your account by contacting Customer Services and confirming that your card has been destroyed by cutting it up. We will transfer your funds back to you at no cost to you, unless:
- you are requesting redemption before termination or expiry of this agreement;
- you cancel this agreement before any agreed termination or expiry date; or
- you request redemption more than one year after the date of termination or expiry of this agreement.
We will not redeem the value of the funds on your account to you if your request for redemption of the funds is more than six years after the date of termination or expiry of this agreement.
All funds will be returned to a bank account of your choice. We reserve the right to see proof of your ownership of the bank account before transferring funds to it. To enable us to comply with our legal obligations, we may ask you to provide us with certain information such as identification documents before we can process your refund request.
Please also refer to section 27 below for the circumstances in which we do not give you a refund.
We will make every possible effort to address all points of complaint by email. We will respond within 15 business days upon receiving the complaint. If a full response cannot be providing within these timeframes, we will send a holding reply with a full response to follow within 35 business days.
If we are unable to resolve your complaint to your satisfaction you may contact the Financial Ombudsman Service at Exchange Tower, London, E14 9SR. Telephone: +44 (0)800 023 4 567 from landlines, +44 (0)300 123 9 123 from mobile phones or +44 (0)20 7964 0500 for calls from outside the UK and e-mail: [email protected]
An up-to-date version of the account Terms & Conditions, as well as any notices of future changes will always be available within your mobile app You should check our website and your online account portal regularly for such notices and changes.
In addition, like other payment cards, we cannot guarantee a merchant will accept your card, or that we will necessarily authorise any particular transaction. This may be because of a systems problem, something outside our reasonable control, to comply with legal and regulatory requirements, or because we have suspended, restricted or cancelled your account or refused to replace it in accordance with these Terms & Conditions.
If unauthorised transactions occur after you have notified us of the loss, theft, compromise or unauthorised use of your card or account, and you have not acted fraudulently or in breach of these Terms and Conditions, then we will be liable.
We will not be liable:
- in any event that a merchant refuses to accept your card;
- for any interruption, disruption or impairment of our service or any third party services on which we rely for the performance of our obligations hereunder;
- for refusing to authorise a transaction;
- for cancelling or suspending use of your card or account;
- for any loss arising from your inability to use your card or access your account due to interruptions;
- for any direct or indirect loss or damage you may suffer including loss of revenue, loss of reputation, goodwill, opportunity or anticipated savings as a result of your total or partial use or inability to use your card, mobile app, website or account or the use of your card or account by any third party (unless otherwise required by law);
- for the quality, safety, legality or any other aspect of any goods or services purchased with your card; and
- any abnormal and unforeseeable circumstances beyond our control, however so caused.
Nothing in these Terms and Conditions shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or amended by agreement between the parties.
- use your card or account fraudulently;
- do not use your card or account in accordance with these Terms & Conditions; or
- have been grossly negligent, for example by failing to keep your card or PIN secure or by failing to notify us without delay after your card is lost, stolen, or used by someone else or where your account has been compromised.
If you have not been fraudulent, or grossly negligent, and have used your card and account in accordance with these Terms & Conditions, your maximum liability for any unauthorised transaction resulting from the use of a lost or stolen card or details before you notify us will be £35.
We may also charge you an Administration Fee if we have to manually intervene to complete a payment or rectify an error on the account caused by an error or omission on your part.
Before giving consent to a TPP, you should:
- ensure that the TPP is authorised and holds the correct regulatory permissions;
- check what level of access you are consenting to, how your account will be used and the extent to which your data will be shared with third parties; and
- familiarise yourself with your obligations and rights under the TPP agreement, in particular your right to withdraw consent to access your account.
We are not party to, or responsible for, any agreements between you and a TPP. Subject to any rights to refund you may have under these Terms and Conditions, we shall have no liability for:
- any loss whatsoever, as a result of using a TPP and entering into a TPP agreement; and
- any actions that the TPP takes in relation to suspending or terminating your use of their service or for any resulting losses.
|Fees and Charges||Value||Comments|
|Replacement Card||€7.00Lost / stolen / damaged replacement card||Free replacement for expired cards. €7.00 for lost / stolen / damaged replacement|
|Monthly Management Fee||€1 per month||First charge is within 30 days of card request.|
|Card delivery times||Within 10 working days|
|European||€0.50 plus 1% of the transaction value||Any transaction in a foreign currency will be converted into Euros. We’ll do this at the rate of exchange provided by Visa Europe on the date they process the transaction which may differ from the actual transaction date. See more information on exchange rates on the Visa Europe website.|
|International purchases||€0.50 plus 1.50% of the transaction value||Any transaction in a foreign currency will be converted into Euros. We’ll do this at the rate of exchange provided by Visa Europe on the date they process the transaction which may differ from the actual transaction date. See more information on exchange rates on the Visa Europe website.|
|ATM Withdrawal EURO*||€1.10|
|ATM Withdrawal Europe* & ATM Withdrawal International*||€1.10 plus 1% of the transaction value||Any transaction in a foreign currency will be converted into Euros. We’ll do this at the rate of exchange provided by Visa Europe on the date they process the transaction which may differ from the actual transaction date. See more information on exchange rates on the Visa Europe website.|
|ATM Withdrawal UK||€1.00 plus 1% of the transaction value|
|ATM Withdrawal International||€1.75 plus 1.5% of the transaction value|
|Cashback Instore||Free||You can request up to £50 cashback at participating UK retailers when making a purchase|
|ATM balance enquiry||Free|
|Statements paper (per 62 days)||€3.00||You must request a paper statement by contacting Customer Services.|
|Statements online (per 62 days)||Free|
|Maximum daily ATM withdrawal||€250.00|
|Expiry||36 months||The card is valid for 36 months|
Please note that GetChange Visa card and account is an electronic money product and although it is a product regulated by the Financial Conduct Authority, it is not covered by the Financial Services Compensation Scheme. We ensure that any funds received by you are held in a segregated account so that in the unlikely event that Contis Financial Services Ltd becomes insolvent your funds will be protected against claims made by creditors.
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The Debit Card is an electronic money product and although it is a product regulated by the Financial Conduct Authority, it is not covered by the Financial Services Compensation Scheme. We ensure that any funds received by you are held in a segregated account so that in the unlikely event that Contis Financial Services Ltd becomes insolvent your funds will be protected against claims made by creditors.