Terms and Conditions Kingcard

DEFINITIONS

“Agreement” or “TC” means these terms and conditions.

“Available Funds” means at any given time any unspent funds loaded onto Your Card which are available to pay for transactions and fees and charges payable under this Agreement.

“Business Day” means any day other than a Saturday, Sunday or national public holiday on which banks are open for business in England and Germany.

“Kingcard Prepaid Card“, “Card” or “Prepaid Mastercard® Card”, “king” “king+” means a Physical or Virtual electronic money card, which is produced by us with the authorisation of TPML and sent to You.

“Contactless” means a payment feature that provides You with a way to pay by tapping the Card on a point–of–sale terminal reader for transactions of up to a specified limit.

“EEA” means the European Economic Area.

“Expiry Date” means the date printed on Your Card which is the date Your Card will cease to work.

“Fee” means any fee payable by You as shown in th TPML TCs, and on Our Website.

“Online Account Centre” means the secure personal log in area of Our Website where You may view Your Available Funds and monthly statements.

“PIN” means Your unique personal identification number which is provided to You for use with Your Card.

“We“, “Us“, “OUR” or “CCL” means Card Compact Ltd., the Program Manager.

“TPML” means Transact Payments Malta Limited, the Issuer of the Prepaid Card.

“Website” means this website accessible via kingcard.eu and/or kingplus.eu, upon which specific features, conditions and fees are described that apply in addition to the terms of this joint Agreement.

“Physical Card” a physical prepaid electronic payment card which may be used for both online purchases and non online purchases.

“Virtual Card” a non-physical prepaid electronic payment card, the use of which is limited to online purchases or on the phone or mail order; 

1.-INFORMATION ON WHO WE ARE AND THIS AGREEMENT

1.1 This document sets out the general terms and conditions that apply to Kingcard prepaid cards. In addition to the order details on Our website and the TPML Terms & Conditions, these TC`s form the content of the contract between You and Us, which governs the use of the card.

By completing the order process on our website, You accept the order details on Our website in addition to these TC`s, whereby Our joint contract comes into effect. You can find a copy of these TC`s on Our website.  We store a copy of our joint contract and provide it to you by e-mail in the order confirmation after your order.

1.2 The presentation of the card and the associated card account on our website do not constitute a binding offer to you, but only a non-binding invitation to purchase the same. Input errors during the order process can be corrected by confirming the button 'Correct data' in the order summary. The conclusion of the contract takes place in German or English. Sending your order by confirming the corresponding order button constitutes an offer to conclude a prepaid card service contract under the conditions stated with the order.

Upon receipt of your order, we will send you an e-mail confirming receipt of your order and listing its details (order confirmation). This order confirmation does not represent an acceptance of your offer, but only informs you that we have received your order. The service contract is only concluded when you have clearly identified yourself according to the identification process in section 3 of these TCs and we confirm the success of the identification with a second e-mail.

1.3 The king Prepaid Mastercard® card is issued by TPML pursuant to a license by Mastercard® International Incorporated. The e-money associated with the cards issued by TPML is authorised and regulated by the Malta Financial Services Authority. At all times the Card remains the property of TPMLMastercard is a registered trademark and the circle design is a trademark of Mastercard International Incorporated. All communications should be sent to Card Compact Ltd., 483 Green Lanes, London N13 4BS, United Kingdom.

1.4 The production of the Cards and the technology systems required to operate the Cards are provided by Card Compact Ltd., registered in the United Kingdom with registered address 483 Green Lanes, London, N13 4BS, United Kingdom. Card Compact Ltd. also provides customer support for Cards as set out in clause 6.

1.5 The execution of the contract begins on the start date, taking into account clause 2.2. The contract ends in accordance with clause 5. The contract and any communication between You and Us will be in German or in English.

1.6 The Kingcard prepaid card is offered by our trading partner, for example in exchange for electronic goods. Our trading partners may issue the card produced and sent by Us to You; however, this agreement between You and Us shall remain unique and separate from any agreement between You and our trading partner. Our trading partner shall be solely responsible for the fees incurred in issuing cards, to cover the costs incurred during the production, creation and opening of the customer account.

1.7 The following policies, as amended from time to time, are incorporated into and form part of this Terms and Conditions:

CCL Privacy Policy

CCL Complaints Policy

2. CARDS

2.1 The card is a prepaid payment card that can be used to pay for goods and services at participating merchants who accept prepaid Mastercard cards. The Virtual Card is designed for use in online shops or for telephone purchases where the Card is not required to be physically present. The Physical card is designed for use in shops and retail locations where You are physically present and for online, telephone and other distance purchases and, only if enabled, can be used to make cash withdrawals from ATMs and banks that agree to provide this service.

As with any payment card, TPML cannot guarantee that a particular merchant will accept the card. If You are unsure about this, please check with the merchant before attempting to complete the transaction.

2.2 When You receive Your Card, it will be issued to You in an inactive state. You will need to activate it by referring to the Website and following the instructions for activation prior to use. If You don’t activate Your Card, any transactions that You attempt to carry out may be declined.

2.3 When You purchased Your Card, You had the option of a Virtual Card, a Physical Card or both. If You purchased a Virtual Card, You may upgrade for a fee at any time to a Physical Card by following the Upgrade instructions given at www.kingcard.eu. When You upgrade, You will have the option of keeping Your Virtual Card account open or closing it and only using Your Physical Card. Regardless of the type of Card(s) You have, You will have only one Account where Your Available Balance is located.

3. IDENTIFICATION REQUIRED FOR PURCHASE OF CARDS

3.1 The card is a financial services product from TPML and accordingly, we comply with TPML’s legal obligation to have certain information concerning You as Your business partner and Your direct communications partner. We use this information to administer Your card and to identify You and Your card on activation or in the event of loss or theft. We only store this information for as long as it is required for the purpose described.

You can find further information in clause 8.

3.2 In order to obtain a Card, You must be at least 18 years old and a resident of the country, where We offer our services. For the purposes of secure identification, we require proof of Your identity and address for TPML. To this end, We may need documentary evidence from You and/or we may conduct the verification of Your person using electronic means.

3.3 When We carry out these checks, Your personal information may be disclosed to credit reference agencies and fraud prevention agencies. These agencies may keep a record of the information and a footprint may be left on Your credit file, although the footprint will denote that the search was not a credit check and was not carried out in support of a credit application. It is an identity check only, and will therefore have no adverse effect on Your credit rating.

3.4 The activation of the Card will indicate to Us that You consent to the checks described in this Agreement being undertaken.

3.5 Where permitted, You may request additional Cards linked to Your Card. You authorise Us to issue Cards and PINs to the additional cardholders and You authorise each additional cardholder to authorise transactions on Your behalf. You remain responsible for any fees, transactions, use or misuse of any Card or additional Card requested by You.

3.6 These TC`s also apply to any additional cards or cardholders set up by You. It is important that You submit these TC`s to each additional cardholder before they use the card.

4. MANAGING YOUR CARD

4.1 We will publish Your monthly statements in the Online Account and send You an email notifying You when each statement becomes available. Each statement will specify: a reference enabling You to identify each transaction; the amount of each transaction; the currency in which Your Card is debited; the amount of any transaction charges including their break down, where applicable; the exchange rate used in the transaction by Us and the amount of the transaction after the currency conversion, where applicable; and the transaction debit value date.

If there are no transactions on the Card for more than a month then We will not provide You with a statement.

4.2 You will need access to the internet to manage the Card. You may check the balance and Available Funds on Your Card or view a statement of recent transactions, which will be updated daily, by visiting Our Website in Your secure personal login area and following the login request for the Card.

4.3 If we are required to provide You with the information specified in clause 4.1 more than once a month or not by email, we may charge You reasonable administrative fees to cover the costs we thereby incur.

5. TERMINATION OF THIS AGREEMENT

5.1 This Agreement cease to exist with the termination of the contract between You and TPML. 

5.2 We may terminate this Agreement with immediate effect and inform You of this decision (unless prohibited by law), if in Our reasonable opinion You do the following:

5.3.1 Breach any material part of this Agreement, or repeatedly breach this Agreement, breach this Agreement and fail to remedy such breach within 14 days or if You have used Your card or any of its functions in a manner, the circumstances of which indicate a concrete, circumstantial suspicion of illegal use;

5.3.2 If You act in a demonstrably threatening or offensive manner towards our employees or one of our representatives;

5.3.3 If You do not pay any fees and charges incurred or do not rectify a balance deficit on Your card within 1 month. 

5.4. If You request the redemption of the entire remaining balance, we will assume that You wish to terminate this Agreement and cancel Your card.

5.5 If You wish to terminate the Agreement but have not activated the card or used the card for any payment transaction or purchase, You must return the Physical card (if issued) in this condition to Card Compact Limited, 483 Green Lanes, London N13 4BS, United Kingdom unless You can prove to Us that You have rendered the card unusable. If You wish to cancel the Agreement and have already activated the card or used it for payment transactions or purchases, You must prove to us that You have rendered the card unusable.

6. CUSTOMER SERVICES AND COMMUNICATION

6.1 Our Customer Service Department is normally available 24 hours a day, 7 days a week. During these times, we will make every effort to process Your request immediately. Please note, however, that certain issues can only be resolved during our business hours. You can contact our Customer Service Department as follows: 

telephoning +44 20 3695 3242

emailing support(at)cardcompact.com

writing to Card Compact Ltd, 483 Green Lanes, London N13 4BS, UK 

If You need to be contacted in the event of a concrete, circumstantial suspicion of fraud or other form of security threat, You will first receive a text message from us asking You to contact our Customer Service Department. 

6.2 Our business hours are Monday from 09.00 to 17.00 and Friday from 10.00 to 16.00 German time. Correspondence received by Us after the close of business on a particular day will be treated as received on the following business day. 

7. LIMITATION OF LIABILITY

We are not liable for breach of obligation of this Agreement, unless we have caused damage as a result of gross negligence or culpable misconduct, have breached essential obligations under this Agreement or have caused injury to life, limb or health.

8. YOUR PERSONAL INFORMATION

8.1 T We process personal data concerning the buyers and users of the card in order to operate the card programme. We will protect YOUR personal data in accordance with Data Protection Regulations 2018 (GDPR) and the UK Data Protection Act 2018 of the United Kingdom and the German Federal Data Protection Act (BDSG) of 2018.

8.2 We may transfer Your personal data to a location outside the EEA where it is necessary for the provision of our services, such as customer support, account administration or reconciliation, or as a result of Your request, including processing an international transaction. If We transfer personal data outside the EEA, We will take steps to ensure that Your data enjoys a level of protection that is, to a significant extent, comparable with that level of protection afforded for data, which is processed within the EEA.

Please note that not all countries have statutory provisions in place governing the protection of personal data, which are comparable to those of the EEA. In order to guarantee said protection, We conclude appropriate Agreements with our suppliers and service providers. Before using our products and services, You will have the opportunity to consent to the processing of Your personal data outside the EEA. Please note: We cannot provide You with Our services without this consent.

8.3 Unless You have provided Your express consent, we, TPML or our trading partners (unless You have granted them Your direct consent independently) will not use Your personal data for marketing purposes and will not pass it on to third parties who are not connected to the card system for the purpose of contract performance.

8.4 Among other things, You have the right to request details of the personal data stored about You, and to restrict or revoke the processing of such data. You may exercise these rights by contacting us in writing or in electronic form in accordance with clause 6. Where permitted by law, we may charge a fee for this service.

8.5 For details, please refer to the Data Protection Policy at https://kingcard.eu/en/privacy-policy/, which You accept along with the Agreement when ordering online. 

9. CHANGES TO THE AGREEMENT 

9.1 Subject to the remaining provisions of this clause 9, this contract may be changed by us at any time for legal, regulatory, economic or security reasons, in order to enable the correct offer of the card system or to improve it, or for any other reason. 

If any changes are made, they will be published on Our Website at least 2 months before the changes take effect (unless the law requires or permits Us to make a more immediate change or in the event of a change to the exchange rate). Copies of the most up-to-date version of the Agreement will be made available on Our Website at all times and will be sent to You by email upon request free of charge at any point during the Agreement.

9.2 We will notify You of any changes to the Agreement at least 2 months in advance. We will consider a change to be accepted by You unless You notify Us otherwise before its effective date and continue to actively use the Card. If You do not accept the change, You may invoke the extraordinary termination of this Agreement free-of-charge before the expiry of said deadline. 

9.3 We may need to amend this Agreement without notice or with less than 2 months notice. However, this would only take place on a very rare basis and exclusively for legal, regulatory or security reasons, or for the purpose of providing the card system in a compliant manner. In such a case, we will inform You of the changes made with as much advance notice as possible or, if that is not possible, as soon as the changes take effect. In this case You have the right to terminate the Agreement retroactively within one month after notification. 

10. LAW AND COURTS

The Agreement, and Your relationship with Us arising out of or relating to the Agreement, will be governed by Your national law. All disputes arising out of or relating to the Agreement shall be subject to the jurisdiction of Your national courts. 

11. ASSIGNMENT

11.1 If you do not fulfil your payment obligations as stated in these TCs even after two reminders, we will forward the corresponding claim to a collection service provider for further encashment.

11.2 In addition to that we may assign rights and obligations under this Agreement to another company at any time. We will inform You thereof 2 months in advance. Your rights stemming from this Agreement remain unaffected in this case. If You refuse the assignment within the 2 months, You may invoke the extraordinary termination of this Agreement and apply for a free-of-charge refund of Your available funds.

11.3 You will indicate agreement to the assignment by the continued use of the card following the 2 months’ notice period.

12. SEVERABILITY CLAUSE

If any term or provision of this Agreement is found to be unlawful or unenforceable, in whole or in part, pursuant to any law (or corresponding principle), said term or provision (or part thereof) shall not be deemed part of the Agreement to that extent, without prejudice to the validity and enforceability of the remainder of the Agreement.

In such a case, the contracting parties shall undertake, taking into account the principle of good faith, to replace the invalid term or provision with a valid term or provision, which comes as close as possible to the meaning and purpose of the invalid term or provision, and which can be assumed to have been agreed by the parties at the time of conclusion of the Agreement, had they known or been able to foresee its invalidity or nullity. 

(August 2023)