Card Terms & Conditions

Updated and valid from October 11, 2023

Terms and Conditions for your Altery Card

These Terms and Conditions apply to the use of your Altery Card. You must read them carefully. You may request a copy at any time.

You understand and confirm that by accepting these Terms and Conditions during the Altery Card registration process on our Website, you agree to abide by these Terms and Conditions concerning your use of the Altery Card, and you also agree to our Privacy Policy which forms part of these Terms and Conditions.

Your Altery Account with funds will be linked to your Altery Card, however note the use of your Altery Account is subject to separate terms and conditions which are available on our Website.

If there is any part of these Terms and Conditions you do not understand or wish to clarify, please contact Customer Services (see “4. Contacting us” below).

1. Definitions
   1. In these Terms and Conditions:
      1. “Abandoned” means that during any uninterrupted period of six (6) months, a Card Account has not had funds credited, point-of-sale transactions, ATM withdrawals, or Closed-loop Transactions (meaning when the card may only be used for certain pre-approved transactions); provided.  A Card Account and Card will not be considered Abandoned when its monetary balance is zero, becomes Active again (within 6 months), or is closed by you giving written notice to us in accordance with Section 7.1.10 below. The Abandoned Card Account fee is referred to below at Section 7.1.11.1.
      2. “Account” and “Card Account” mean the account established by us and accessed by your Altery Card, as applicable.
      3. “Active” means any Card Account that has had any attempted or settled financial transaction of any kind, including without limitation, ATM, point-of-sale or card-not-present transaction, monetary adjustment, account-to-account transfer, chargeback or dispute, or any other activity approved by us.
      4. “Altery” is a registered trademark of Altery Recary Ltd, a company registered in England with Companies House number 06984177 and with registered address at One Canada Square, Office 24, Hgs 24, London, England, E14 5AB, United Kingdom.
      5. “Altery Account” means a master account for electronic money operations that you have opened with Altery, your use of which is separately governed by its own Terms and Conditions.
      6. “Altery Card” means a payment instrument that uses the Visa network, issued by Wallester and which the Cardholder may use to perform transactions. The Card can be a Chip&Pin Card or a Digital Card.
      7. “Altery Mobile App” means an application which can be downloaded on Android and IOS mobile devices, enabling online access to your Altery Account and Card on Altery’s portal via a mobile telephone, tablet or similar device.
      8. “ATMs” means automatic teller machines or cash dispensers authorised to accept a Card.
      9. “Authorise” or “Authorisation” means you authorise a merchant or other third party to collect or initiate a payment from your Card.
      10. “Business Day” means any day other than a Saturday, a Sunday or a day which is a non-working national or public holiday either in Estonia or in England and Wales.
      11. “Cardholder”, “you” or “your” means the individual holder of the card authorised in accordance with these Terms and Conditions to use the Card.
      12. “Chip & Pin Card” means a physical Card with an electronic chip, requiring a PIN-code (personal identification number) as an authorisation mean and has a Near Field Communication function. A Chip & Pin Card can be made of plastic, veneer, metal or any other suitable material;
      13. “Device” is the smart device containing the digital version of the Altery Card;
      14. “Digital Wallet” is a service provided by a third-party allowing the Cardholder to enter Card information to the Device and use it to carry out Operations using the device (create the digital version of the card);
      15. “Distance Contract” means a distance contract as defined by regulation 5 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
      16. “Excepted Contract” means a contract that falls to any extent within regulation 6(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or falls within regulation 6(2) of those regulations;
      17. “Fees” means those fees charged by us from time to time as set out in the Fees List that is available on the Website or accessible from your Altery Account;
      18. “Fees and Limits List” means the List of Fees and Limits applicable to the use of your Card from time to time, accessible from your Altery account;
      19. “Limits” means the spending and cash withdrawal limits and restrictions which apply in relation to the Altery Card from time to time as set out in the Fees and Limits List that is available from your Altery Account;
      20. “Terms and Conditions” means these Terms and Conditions (including any documents referred to herein) which govern your use of the Altery Card;
      21. “Digital Card” means a Card that consists of digital Card Data, is accessible online and has no physical body;
      22. “VISA” means the International Card Organization Visa Europe Ltd. VISA and the VISA Brand Mark are registered trademarks of International Card Organization Visa Europe Ltd.
      23. “Wallester” means Wallester AS (registration number 11812882), the payment services provider,   registered   office   at   F.R.   Kreutzwaldi   4,   10120   Tallinn,   Estonia,   which   holds activity   licence   No.   4.1-1/224   issued   by   the   Estonian   Financial   Supervision   and Resolution Authority.
      24. “We”, “us” or “our” means Altery.
      25. “Website” means our online site at www.altery.com.
2. Your Altery Card
   1. The Altery Card enables you to hold stored value (known as “electronic money” or “e-money”) which can be spent using your Altery Card. You can use an Altery Chip&Pin or Digital card at any location that displays the VISA acceptance mark, including shops, restaurants, online, or contactless payments with the means of a device.
   2. Before using the Card, you need to make sure there are enough available funds on your Altery Account, and it is properly activated according to the Section 6 of these Terms.
   3. You can check the balance of funds and view the transactions carried out on your Card on our Website, via the Altery Mobile App or Digital Wallet when used.
3. Regulatory Information
   1. 1. Your card is issued by Wallester.  
      2. Altery Ltd is the issuer of the electronic money accessed via your Card. Altery Ltd is an Electronic Money Institution authorised by the UK Financial Conduct Authority (“FCA”) under the Electronic Money Regulations 2011 for the issuing of electronic money and providing payment services. Its FCA reference number is 901037.
      3. Although it is a product regulated by the Financial Conduct Authority (www.fca.org.uk), the Altery Card and the electronic money stored on it is not covered by the Financial Services Compensation Scheme. (FSCS protects your money up to £85,000 for all banks, building societies and credit unions that are authorised by the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA).
      4. Although your Card is not covered by the Financial Services Compensation Scheme, Altery ensures that once it receives your funds they are held in a segregated account, and safeguarded in accordance with the Electronic Money Regulations 2011 until they are spent or withdrawn or reimbursed to you. If Altery becomes insolvent, funds that you hold on your Altery Card will be protected for you against the claims of any creditors of Altery as they are held in a safeguarded account.
      5. Your Card is a debit card and is not issued by a bank. No interest will accrue or be paid on balances held on your Altery Card.
    
4. Contacting us
   1. If you have any questions about these Terms and Conditions, the Altery Card, or any of your dealings with Altery, you can read the Altery Help Centre that is available on the Website, use the “Contacts” facility on the Website, or contact us via e-mail at [email protected]. When contacting us by email, please include the following:  that is available on the Website, or use any of the contact channels posted in the ‘Contacts’ page on the Website. When contacting us by email, please include the following:
      
      1. Your full name (name and surname)
      2. Your full telephone number, including country code,
      3. A brief message concerning your request, question, enquiry or complaint.

      
      For security reasons, we may ask you to provide us with personal data to identify you. We will never ask for your card PIN code or passwords for any purposes
      

       

   2. If you want a copy of these Terms and Conditions or other legal documents that relate to the Altery Card, you should send an email with your request to [email protected]. We will deal with your enquiry promptly. Or you can download it from the legal documents section on the web page or in the Altery Mobile App.
   3. If you need to report your Card lost or stolen, or you have knowledge or suspicion that your Card, or any password or PIN has been misappropriated or otherwise compromised, please contact us immediately on +44 (0) 208 191 1211 or block the Card via our Website or mobile application.
5. Eligibility
   1. To be eligible for an Altery Card, you must:
       
      1. be at least 18 years old;
      2. open an Altery Account and agree to any other legal documents governing your relationship with us, and that you are prompted to agree to when registering on the Website;
      3. register for the Card in accordance with the instructions set out on the registration page of our Website, including indicating your agreement to be bound by these Terms and Conditions;
      4. not be in breach of any of these Terms and Conditions or otherwise have had access limited to your Card, or have had your Card closed by us; 
      5. not open or hold an Altery Card or make use of the Services if
         (a) it is not lawful to do so in your country of residence or country of incorporation if you are a Corporate Customer; and/or 
         (b) you are a resident of, or if you are a Corporate Customer incorporated in, a country where we do not provide Services (the list can be found on the Website, and we reserve the right to make changes without notice); and
      6. have your application approved by us. For the avoidance of doubt, we and the card issuer have complete discretion to approve applications.
6. Applying for and activating your Altery Card
   1. To become a Cardholder, you must apply for a Card by providing all of the information requested at the verification stage on our Website.
   2. You must not provide any false, inaccurate, incomplete or misleading information.
   3. You may not be able to use the Altery Card or any part of its functionality until you have passed our identity and security validation and verification checks, and provided information requested in accordance with anti-money laundering regulations. We may check all personal and identity verification information you give us with credit reference or fraud prevention agencies and other organisations. These agencies may keep a record of your information and the searches made. However, we do not perform a credit check and any search is for identity purposes only and will be recorded as such. We shall keep records of the information and documents we obtain to verify your identity in accordance with all applicable legal and regulatory requirements. Records are kept only for the purposes of identification and will be stored securely and kept only for as long as necessary. 
   4. The following card types are issued:
      1. 1. Altery Physical Cards (in EUR currency and such other currencies as indicated on our Website from time to time)
         2. Altery Digital Cards (in EUR currency and such other currencies as indicated on our Website from time to time)
       
   5. An order for a Card can be placed from your Altery account online (fees may apply).
   6. During the application process, you will be asked to choose the currency and the type of Card.
   7. We will review your application as soon as possible. It remains in our sole discretion whether we issue an Altery Card to you. If your application for an Altery Card is approved, we will endeavour to send your Altery Card to you within the timeframe set out on our Website, however, please be aware that in some instances it can take longer for your Altery Card to arrive. Altery Digital Cards can be issued instantly. 
   8. You can order the Card from your Altery account online and get access to the Card from the same Altery account.
   9. Once you have received an Altery Card, you must activate ityour Card. You will not be able to use your Altery Card until you have activated your Card first. The Altery Physical Card can be activated via an ATM or POS terminal by the holder entering their pin. The Digital cards will be activated automatically upon issuance.
   10. A Card requires the holder to follow the process of obtaining a PIN-code. This can be done online at http://www.altery.com (after the card activation process).
   11. The PIN-code can be chosen by yourself for the Altery Physical Card. Digital cards do not require a PIN-code. 
   12. You can change your PIN-code anytime online at http://www.altery.com.
   13. You must sign the signature strip on the back of your physical Altery Card as soon as you receive it. The Card may be considered invalid, and you may be refused a transaction if the card is not signed.
7. Using your Card
   1. Opening your Card Account
      1. By opening a Card Account, you will be able to, subject to the payment of any applicable Fees and compliance with these Terms and Conditions:
         1. Buy goods and services in store, online or by telephone/mail order from merchants using funds on your Card; and
         2. Withdraw funds by cash withdrawal from ATMs at any location that displays Visa logos, and banks who agree to provide this service (subject to any maximum set by the relevant ATM operator or bank), unless we inform you otherwise;
         3. Use the digital version of your Card via Digital Wallet.
      2. Card Account and Altery Account
         1. Your Altery Card is the way you access funds on your Account so your Card Account and Altery Account do not hold a separate balance, they have one and the same balance.
      3. Transaction Limits
         1. Your Card may be subject to limits associated with  transactions and ATM/Bank withdrawals. The Fees and Limits List accessible from your Altery account.
            There may also be payment restrictions applicable to your use of the Card (e.g. it will not work at certain categories of merchant).
            We recommend you check the possibility of payment via card with the bank or merchant prior to making the transaction.
      4. Permission
         1. You should check all the Fees which apply to your use of the Altery Card. These are set out in the Fees on our Website or accessible from your Altery Account. When using the Altery Card, you may also be subject to applicable charges of the merchant or ATM operator/bank withdrawal service provider. We cannot tell you the charges that may be levied by these parties and such information should be obtained directly from such parties.
      5. Transactions
         1. The Altery Card enables you to undertake the transaction types set out in section 7.1.1 from and to your Card. We impose Limits on these transactions as set out in the Fees and Limits List, accessible from your Altery account.
         2. You can access information on any transaction you have made by accessing your Card Account through our Website and the Altery Mobile App. This will provide you with detailed information, including the Fees you have paid in relation to any transaction. If you should require it, we can also confirm the maximum time it will take for any transaction you have initiated to be executed.
         3. For any transaction or ATM/bank withdrawal, we receive your transaction instruction from the merchant or ATM/bank withdrawal service provider via the VISA network. For any other transactions, we receive your transaction message at the time you ask us to complete the transaction.
         4. If you make a transaction, any applicable fees will be added to the amount of the transaction so that the total sum of your transaction amount, plus the applicable fees will be deducted from your card. We will deduct the value of your transactions from the balance on your card, making the applicable payment to the merchant, and any applicable fees at the time of the transactionDuring the attempt of any transaction or ATM/bank withdrawal, if the required funds plus any applicable Fees are not available on your Card at the time the request is made, then your request will not be processed.
         5. In the unlikely event, for any reason whatsoever, a transaction or ATM/bank withdrawal is completed when there are insufficient funds on the Card for that transaction or ATM/bank withdrawal (a “Shortfall”), the Shortfall shall be reimbursed by you unless it is due to an error on the part of the merchant or ATM/ bank withdrawal provider. In such circumstances, we may seek the Shortfall from the merchant or ATM/ bank withdrawal provider (as applicable).
         6. Where the Shortfall must be reimbursed by you, you will be required to add funds immediately to reimburse the negative Card balance. Until we are reimbursed the Shortfall amount, we may suspend your Card. If we believe the Shortfall has been created intentionally, this will be treated as potential fraud.
      6. VISA Transactions
         1. Your Card can be used for single transactions, a series of recurring transactions (including transactions for an indefinite period) or pre-Authorising future transactions of a certain or uncertain amount. Authorisation will be requested at the time of the transaction (which for recurring transactions will be at the time you Authorise the first transaction in the series only, and for a pre-Authorised transaction will be at the time of the pre-Authorisation not at the time of the transaction itself).
         2. A transaction will be regarded as Authorised by you when:
            1. (in respect of transactions made through a merchant’s terminal) you enter your PIN, sign a copy of the card receipt which the merchant provides you with, or touch your contactless card against a terminal enabled for contactless payments;
            2. (in respect of transactions online, over the telephone or by mail order) you provide the merchant with the Card details they request which will include the name on your Card, the Card number on the front of the Card, the security code on the back of the Card and the Card’s expiry date. In respect of transactions online, it may be required to enter a one-time password delivered via text message or other security details by other methods.
         3. Authorisation for a transaction may not be withdrawn (or revoked) by you after it is received by the merchant.
         4. If we do revoke a transaction on your behalf, we may charge a revocation Fee as specified in the Fees List.
      7. ATM/Bank Withdrawals
         1. An ATM withdrawal will be regarded as Authorised by you when you enter your PIN into the ATM.
         2. A bank withdrawal (where available), will be regarded as Authorised by you when you provide the bank with the card in order to process the bank withdrawal, enter your PIN at a point of sale terminal and sign the bank withdrawal service provider’s receipt.
         3. Authorisation for an ATM or bank withdrawal may not be withdrawn (or revoked) by you after it is received by the ATM operator or bank withdrawal service provider (as applicable).
      8. Redemptions
         1. You may redeem all or a portion of the balance of your Card.
         2. In any circumstance, to comply with regulations or for the safety of your Account, we may require you to send us documents verifying your identity prior to allowing a Redemption of funds. We will process the Redemption request immediately provided all identity and security validation and verification checks are successfully completed, which we will conduct as soon as reasonably practicable. A Redemption request will be regarded as Authorised by you where you follow the instructions on the Website and have both properly confirmed Redemption and satisfactorily fulfilled any identity verification requirements.
         3. See the  Altery Terms and Conditions for details on redemption of electronic money from your Altery Account.
      9. Balances
         1. You may check your balance and transaction history by logging into your Account on our Website or via the Altery Mobile App. We will update your transaction history near real-time. Your transaction history will show:
            1. The amount of the transaction shown in the currency in which the transaction was paid and debited to the Card;
            2. The foreign exchange rate used for currency conversion where applicable. We will show the VISA exchange rate applied to the particular transaction, as well as the percentage markup over  the VISA rate in your personal area , we will send this information once the transaction has been authorised. However, the final settlement is usually performed by VISA a few days after the date of transaction. You can see the VISA and Altery rates applied to the particular transaction in the transactions history of your card;
            3. The amount of Fees for the transaction;
            4. The date the transaction is Authorised or posted on to the Card.
         2. On your Card Account, you will be able to see a history of each individual transaction you have made with your Card, as well as consolidated statements of the account for different monthly periods. When you accept these Terms and Conditions, you also accept to view the consolidated statements of account on your Card Account.
         3. We recommend you check your Card Account balance and transaction history regularly and inform us regarding any suspicious transactions or transactions you do not recognize or disagree with as soon as possible.
         4. You may use account information service providers to aggregate and display, in one location, the information accessible through your Card Account alongside the information from other online payment accounts you may have with us or other providers of payment services. We reserve the right to deny account information service providers access to your Card Account for reasonably justified and duly evidenced reasons relating to fraud or lack of authorisation. If we deny an account information service provider access to your Card Account, we will notify you of our decision and of the reasons for our decision through your Card Account, unless that notification is unlawful or could compromise the security of your Card Account.
      10. Expiry, Cancellation, Closure and Suspension
          1. Your Physical Card will expire on the month and year printed on the plastic of the last Card we issue you and will be shown in your personal area. The month and year your digital card is due to expire will only be shown in your personal area. You will not be able to use your Card after it has expired. Shortly before your Card expires we may provide you with a replacement card or contact you to ask whether you require a replacement card. We reserve the right not to reissue you a card. For the purposes of these Terms and Conditions, your replacement card will be your Altery Card subject to these Terms and Conditions once you receive it or upon expiry of your then current Altery Card, whichever is the later.
          2. Within 14 days of the date of opening your Card Account you have the right to close your Card Account and cancel your Card at no cost by using the contact details set out in Section 4 and requesting cancellation in writing. We can still withhold Fee if the card has already been issued. 
          3. After the initial 14-day period referred to in Section 7.1.10.2 you may close your Card Account and cancel your Card at any time by giving one month’s notice to us in writing via email or post using the contact details set out in Section 4.
          4. When your Card is cancelled, we will immediately block your Card, so it cannot be used. You will remain liable for all obligations relating to your Card even after your Card Account has been closed. Closing your Card does not mean that we delete the personal data that we hold on you, and we will continue to store such data, including the history of your transactions, for a minimum period of 5 years, or any other period of time as required by law.
          5. If you close your Card Account, you will no longer be able to use any of the functionality of the Altery Card. Rather than close your Card Account permanently, you can block your Card temporarily or indefinitely subject to expiration as explained in Section 7.1.10.1.
          6. We may terminate these Terms and Conditions and close your Card by giving you 2 months’ notice by email for any reason.
          7. We may terminate these Terms and Condition immediately upon notice to you by email
             1. If you breach an important part of these Terms and Conditions, or repeatedly break these Terms and Conditions and fail to resolve the matter in a timely manner;
             2. If you breach the Altery Terms and Conditions;
             3. If you act in a manner that is threatening or abusive to our staff, or any of our representatives;
             4. If you fail to pay Fees or charges that you have incurred or fail to put right any shortfall;
                
                or
             5. There are other grounds for blocking.If the basis for blocking the Card pursuant to this clause does not cease to exist or there is another basis for closing the Card, Wallester alone has the right to close the Card.
          8. We may at any time suspend, restrict or cancel your Card functionality or refuse to issue or reactivate your Card if:
             1. We are concerned about security of your Card;
             2. We suspect your Card is being used in an unauthorised or fraudulent manner;
             3. We need to do so to comply with the law or regulations;
             4. There is a Shortfall in your Card, the Shortfall has not been caused by an error of a merchant or ATM/ bank withdrawal provider, and there is a significantly increased risk that you may not be able to repay us;
             5. There are other reasonable grounds for suspending, restricting or cancelling your Card.
          9. efore taking any of the steps set out in 7.1.10.8, we will tell you as soon as possible or otherwise immediately afterwards, giving our reasons, unless letting you know would compromise reasonable security measures or be otherwise unlawful. We will reactivate your Card or replace it with a new one without undue delay if in our opinion the reasons we suspended, restricted or cancelled its use cease to exist. Furthermore, we may also cancel these Terms and Conditions or suspend your Card immediately if we believe your Card is deliberately being used by you to commit fraud or for other illegal purposes. If we do this, we will tell you as soon as we are permitted to do so.
          10. We may refuse to process a transaction or ATM/bank withdrawal:
              1. IIf sufficient funds are not loaded on your Card at the time of a transaction or ATM/bank withdrawal transaction to cover the amount of the transaction and any applicable Fees;
              2. You fail to pay applicable Fees;
              3. If there is an outstanding Shortfall on the Card;
              4. If we have reasonable grounds to believe that you are acting in breach of these Terms and Conditions;
              5. If we believe that a transaction or ATM/bank withdrawal is suspicious or potentially illegal (for example, if we believe that a transaction is being made fraudulently); or because of errors, failures (whether mechanical or otherwise) or refusals by merchants, ATM operators, payment processors or payment schemes processing transactions or ATM transactions.
          11. IIf we refuse to process a transaction because we think it is suspicious or potentially illegal, where we are permitted to do so by applicable law, we will contact you by phone. If we refuse to process a transaction for any other reason, we will inform you by email without undue delay and in any event by the end of the next Business Day, giving our reasons and explaining how you can correct any information we hold that led to us refusing to process the transaction, unless informing you would compromise security measures or be unlawful.
          12. If we cancel your Card, the funds will be managed in accordance with your Altery Account Terms and Conditions.
          13. You must return your plastic Card to us immediately we request it.
          14. For the avoidance of doubt, you will be liable for all amounts arising from, or losses incurred by us in connection with the use of the Card by an authorised user. This will include any use of the Card in breach of this Agreement and which we shall be under no responsibility to prevent.
      11. Unclaimed Balances on an inactive Card
          1. If the Card Account has not been active for any uninterrupted period of 6 months, it is classified as Abandoned. This type of account may be charged an Abandoned Card Account fee starting from the first day of the seventh month of inactivity in accordance with the Fees list stated on the website, www.altery.com.  The fee may be deducted until the Card Account becomes Active, or until the Card balance reaches 0 or the Card has expired.
      12. Disputes with Merchants
          1. If you have any disputes about purchases made using your Card, you should settle these with the merchant you bought the goods or services from. We are not responsible for the quality, safety, or any other aspect of any goods or services purchased with your Card. Remember that once you have used your Card to make a purchase we cannot stop that transaction. We may however be able to assist you to dispute the transaction according to the VISA dispute resolution rules. You should contact customer services if you would like to raise such a dispute. A Fee may apply for this service according to the Fees List.The time frame for Card transaction dispute initiation depends on the reason of disputing and is regulated by VISA. You should inform us regarding any card transaction you may disagree with as soon as possible. We may refuse to assist you to dispute a transaction if you contact us outside the timeframes laid down by the VISA dispute resolution rules.
      13. Fees
          1. The Fees applicable to your Card are set out in the Fees List on our Website or indicated in your Account.
          2. Fees will be deducted from your Account balance.
          3. When you use your Card you may also be subject to applicable fees, surcharge rules and regulations of the relevant ATM or merchant, or other financial institution or association. No delay by us in debiting any fees or Card transaction, or part thereof, to the Account shall affect or prejudice our rights to do so subsequently.
          4. If you make a transaction in a currency other than that in which your Card Account is denominated, we may carry out the necessary currency conversions. We may charge you a foreign exchange fee for the currency conversions involved, as displayed in the Fees section of the Fees List and on our Website.
          5. VISA determines the exchange rate applicable to each currency conversion involved in a VISA Transaction (VISA Transaction). That rate will depend, among other factors, on the time at which a VISA Transaction is executed through the VISA system, which effectively is the point in time when the merchant’s acquiring bank requests from us a settlement of the VISA Transaction on behalf of the merchant through the VISA system. Once the VISA Transaction has been processed, the exchange rate applied to it will be shown in your Card Account transaction history.
8. Security, unauthorised and incorrect Transactions
   1. Security
      1. If you have any indication or suspicion that your Altery Card, password, PIN or other security details are lost, stolen, misappropriated, used without Authorisation or otherwise compromised, you should suspend or block your card (by visiting our Website or mobile application or by calling the phone number(s) listed on our Website) and contact us immediately using the details set out at Section 4.
         1. You should treat your Card like cash. If it is compromised, you may lose some or all of your money on your Card, in the same way as if you lost cash in your wallet or purse. As a result, keep your Card safe and secure and do not let anyone else use it.
         2. If we suspect or have identified a fraud or any other security risk affecting your Card Account, we will contact you by email, telephone, SMS or other allowed communication channel using the latest contact details you have supplied to us, and tell you whether we intend to suspend your use of the Card Account and why.
   2. Identity
      1. It is your responsibility to keep your Card identification, security information, password, PIN, security questions and answers and other information specific to your Card confidential and never disclose them to anyone. Should another person gain access to your Card Account and/or use your Card by passing all identification and security validation and verification checks, we may be entitled to treat any VISA Transaction or other transaction conducted by that person as valid and Authorised by you and we may not be responsible for any loss or damage you may incur as a result.
      2. If you think a VISA Transaction or other transaction was not authorised by you or has been incorrectly executed, you must contact us without undue delay on becoming aware of it or at the very latest within 13 months of the debit date. You may be required to complete and return a declaration form to us promptly. Unless we have reasonable grounds to suspect fraudulent behaviour, negligence or miscommunication on your part, and provided that the VISA Transaction has already been debited on your Card Account or has a “confirmed” status (as shown on your transaction history), we will refund any unauthorised VISA Transaction or other transactions. We will seek to refund your transaction by the end of the next Business Day following the day on which we became aware of the unauthorised VISA Transaction and you have notified us. We will also put you back in the position you would have been if the unauthorised VISA Transaction had not taken place. Refunds for unauthorised VISA Transactions will be credited to your Altery Account. We will block your Card after becoming aware of the unauthorised VISA Transaction, ensuring that the value date of the refund is no later than the date on which the amount of the unauthorised VISA Transaction was debited.
      3. We can refuse to refund an unauthorised transaction if:
         1. We can prove you authorised the payment;
         2. We can prove you acted fraudulently;
         3. We can prove you deliberately, or with ‘gross negligence’, failed to protect the details of your card, PIN or password in a way that allowed the payment;
         4. You contacted us about the unauthorised payment 13 months (or more) after the date it left your account.
      4. If we assume that your Card has been compromised, the further use of the card is not secure and the card has to be blocked.
      5. We can refuse the customer with compensation of funds in case the customer continues to use the card that participated in fraud or continues to use the compromised card.
         1. When you notify us of an incorrectly executed VISA Transaction we will investigate the circumstances. If we are liable for the incorrect execution of a VISA Transaction we will refund it to you without undue delay and restore your Card Account to the state in which it would have been had the defective payment transaction not taken place. This includes dating the refund no later than the date on which your Card was debited, and repaying you any charges and interest you may have incurred because of the incorrect VISA Transaction. We are not liable to you if you incorrectly identify the intended recipient, including any merchant, under a VISA Transaction, but in such a case we will make reasonable efforts to recover the funds involved. We may charge you a fee for doing this. If we are unable to recover the funds, we will, upon your written request, provide you with all available relevant information in order to assist you to reclaim the funds.
   3. If our investigations show that a VISA Transaction or other transaction reported by you as unauthorised or incorrectly executed was in fact Authorised by you, or you have acted fraudulently or with gross negligence (for example, by failing to keep your Card security information secure or to notify us without undue delay after you become aware of security risks affecting your Card), we may reverse any refund made, and you may be liable for any and all loss we suffer from your use of the Card (except in certain circumstances where the Card has been used in connection with a Distance Contract other than an Excepted Contract, or we failed to provide you a means to notify us of security risks affecting your Card or to provide you secure customer authentication, when we are required to do so, in which cases you will not be liable unless you have acted fraudulently). We may also hold you liable for losses starting from £1 in respect of any unauthorised VISA Transaction or other transaction that was made before you notified us of the loss or theft of your Card, unless such loss or theft was not detectable by you prior to the unauthorised VISA Transaction or was caused by us or our agents (if any and always duly appointed and acting within the scope of their authority).
      1. If our investigations show that a VISA Transaction or other transaction reported by you as unauthorised or incorrectly executed was in fact Authorised by you, or you have acted fraudulently or with gross negligence (for example, by failing to keep your Card security information secure or to notify us without undue delay after you become aware of security risks affecting your Card), we may reverse any refund made, and you may be liable for any and all loss we suffer from your use of the Card (except in certain circumstances where the Card has been used in connection with a Distance Contract other than an Excepted Contract, or we failed to provide you a means to notify us of security risks affecting your Card or to provide you secure customer authentication, when we are required to do so, in which cases you will not be liable unless you have acted fraudulently). We may also hold you liable for losses starting from £1 in respect of any unauthorised VISA Transaction or other transaction that was made before you notified us of the loss or theft of your Card, unless such loss or theft was not detectable by you prior to the unauthorised VISA Transaction or was caused by us or our agents (if any and always duly appointed and acting within the scope of their authority).
   4. Pre-Authorised Transactions
      1. You may be entitled to claim a refund in relation to VISA Transactions within 8 weeks of the date on which your Card was debited where a pre-Authorised VISA Transaction did not specify the exact amount at the time of its Authorisation and the amount charged by a merchant is more than you could reasonably have expected taking into account normal spending patterns on the Card, the circumstances of the case and the provisions of these Terms and Conditions, and you notify us of this without delay and at the very latest within 8 weeks of the debit date. We will refund the amount within 10 Business Days of receiving your claim, ensuring that the value date of the refund is no later than the date on which the amount of the VISA Transaction was debited, or inform you that we need further information from you to confirm your right to a refund.
         1. A claim for a refund in the circumstances set out above will not be accepted if you gave us your consent to execute the transaction and information on the VISA Transaction was made available to you at least 4 weeks before the VISA Transaction date.
9. Privacy
   1. In applying for the Altery Card and using it, you agree that we can use your personal information in accordance with our Privacy Policy. Our Privacy Policy is on our Website, and includes details of the personal information that we collect, how it will be used, and who we share it with.
   2. By using the Altery Card at merchants or elsewhere to make a payment or withdraw cash, you also consent to the use of your personal information as required to execute the payment in accordance with regulatory requirements and any applicable rules set by VISA. Depending on where you use your Card, this may include a processing of your information outside the European Economic Area.
10. Liability of the Parties
    1. Any liability on our part in connection with these Terms and Conditions shall be subject to the exclusions and limitations set out in this Section 10.
    2. We will not be liable for any direct or indirect loss or damage (other than that which cannot be excluded by law) you may suffer as a result of your use, inability to use your Card or any loss or damage you suffer as a result of a third party using your Card or PIN or any loss arising from:
       1. a merchant or its acquiring bank refusing to accept your Card; or
       2. any cause which results from abnormal or unforeseen circumstances beyond our control or which would have been unavoidable despite all our efforts to the contrary including but not limited to (a) The outbreak of war and hostilities or any other international calamity or political crisis, any act of terrorism; or (b) Earthquake, hurricane, typhoon, flood or other natural disaster; or (c) Any regulatory ban on our activities; or (d) A moratorium affecting our business having been declared by legal edict or by appropriate regulatory authorities; or (e) Any breakdown, malfunction or failure of transmission, communication or computer facilities; or (f) Industrial action, acts and regulations of any governmental or supranational bodies or authorities, and the effect of such event(s) as mentioned above is such that we are not in the position to take reasonable action to cure the default. We shall endeavour to give written notice to you containing full particulars of event(s) which put the due performance of any obligations under the Agreement beyond our control, but shall not be responsible for any failure for any reason to inform you promptly or at all; or
       3. a virus, or other technological attacks or harmful material that may infect your mobile phone, smartphone, computer equipment, computer programmes, data or other proprietary material related to your use of your Altery Account; or
       4. us suspending, restricting or cancelling your Card or refusing to reissue or replace it if we suspect your Card Account is being used in an unauthorised or fraudulent manner, or as a result of you breaking an important term or repeatedly breaking any term of these Terms and Conditions or Altery Terms and Conditions; or
       5. our compliance with any applicable laws or regulatory requirements.
    3. Unless otherwise required by law or as set out in these Terms and Conditions, we will not be liable to you in respect of any direct or indirect losses or damages (other than that which cannot by law be excluded) you or any third party may suffer in connection with the Altery Card as a result of matters that either arise from or do not arise directly from our actions or inactions which were not a foreseeable direct consequence of our actions or inactions, so we shall not be liable for indirect consequences.
    4. We will not be liable for the goods or services that you purchase with your Card.
    5. We shall not be liable to you at any time where, due to technical, security, maintenance, administration or other reasons, we temporarily suspend the use of your Card for such period as we may require. If this happens, you may be unable to:
       1. load your Card; and/or
       2. use your Card to pay for purchases or obtain cash from ATMs; and/or
       3. obtain information about the funds available in your Card Account and/or about your recent Card transactions.
    6. Where your Card is faulty, our liability shall be limited to replacement of the Card.
    7. Where sums are incorrectly deducted from your Card Account our liability shall be limited to payment to you of an equivalent amount.
    8. In all other circumstances, our liability will be limited to repayment of the amount of the available balance on your Card at the time the liability arose.
    9. In all other circumstances, our liability to you shall be limited to the actual amount of any loss or damage you suffer.
    10. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you use our Cards for any commercial or business purpose.
    11. You will be liable for: (a) losses starting from £1 resulting from unauthorised transactions arising from the use of a lost or stolen Card; (b) losses starting from £1 arising from the misappropriation of the Card where you have failed to keep your PIN or other personal security information safe; (c) all losses if you have acted fraudulently, or have intentionally or with gross negligence failed to comply with any of our security procedures relating to the use of your Card.
11. Complaints
    1. If you are unhappy in any way with your Altery Card, the management of your card account or if you have any other complaints in connection with the product or related services, please tell us first by using the contact details set out in Section 4 so that we can investigate the circumstances for you. All complaints will be investigated in accordance with our complaints procedure available here. We will send a final response to you by the end of fifteen Business Days after the Business Day on which we receive the complaint from you. However, in exceptional circumstances which are beyond our control, we may send you a holding response within fifteen Business Days from the original Business Day, and a final response no later than thirty-five Business Days from receipt of the complaint.
    2. If you are still unhappy, you can refer your complaint to the Financial Ombudsman Service (FOS). Telephone: 0800 023 4567. Email: [email protected]. Website: https://www.financial-ombudsman.org.uk.
12. Your Details
    1. You must let us know as soon as possible if you change your name, address, phone number or e-mail address. If we contact you in relation to your Card, for example, to notify you that we have cancelled your Card, we will use the most recent contact details you have provided to us. We will not be liable to you if your contact details have changed, and you have not told us.
    2. We may send communications and notices to you at the phone number or email address you provided to us during the registration process (or as updated subsequently by you) and via the internal ticket system on the website. Any and all communications and notices by either party under these Terms and Conditions by e-mail or the internal ticket system on the Website shall be deemed given on the day the message is sent, unless the sending party receives an electronic indication that the message was not delivered.
13. Changes to these Terms and Conditions
    
    1. We may find it necessary to change these Terms and Conditions from time to time and will notify you at least two calendar months in advance of the date on which the changes are due to take effect. We will notify you by sending you an email advising that we have posted details of the changes on our Website.
    2. If we do not hear from you by, or you continue to use the Altery Card after, the date the changes take effect (as notified to you) it will be deemed your acceptance of such changes to these Terms and Conditions. You may review the current Terms and Conditions at any time by clicking on the “Legal” link on the Website.
    3. Should you wish not to be bound by any new Terms and Conditions, you must tell us that you do not agree to the change within the two calendar months referred to in Section 13.1 above. We will treat such a notice from you as notification that you wish to terminate this agreement. In such circumstances, we will close your Card Account and cancel your Altery Cards and refund any monies owed to you. You will be required to pay any outstanding liabilities to us immediately, and we will still pay any Card transactions you made prior to termination, and any charges relating to them, in accordance with the terms of this agreement.
    4. See Section 7.1.13.5 regarding exchange rates used for currency conversions. As these rates change frequently and are in VISA’s control, such changes shall apply immediately and without notice and shall not be subject to the requirements of this Section 13.
14. Assignment
    
    1. These Terms and Conditions are personal to you, and you may not assign or otherwise transfer your rights and obligations under them. We may assign or transfer the benefit and burden of these Terms and Conditions to another entity at any time, on giving you 2 months’ prior notice. If we do this, your rights will not be affected.
15. Governing Law and Language
    
    1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. You agree with us that the courts of England shall have exclusive jurisdiction to settle any disputes which may arise in connection with this Agreement, but because this provision is included for our benefit only, we retain the right to bring proceedings in any other court or courts which would have had jurisdiction but for this Agreement.
    2. This Agreement is concluded in English. All communications with you will be in English.
16. Other General Information
    
    1. These Terms and Conditions are subject to amendment, modification or deletion if required by, or found to be in conflict with, applicable law or regulation, without affecting the validity or enforceability of the remaining Terms and Conditions.
    2. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject of them, and supersede and replace any and all prior agreements between us.
    3. Our failure to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of any such right or operate to bar the future exercise or enforcement of such right at any time.
    4. The rights and remedies available to us in these Terms and Conditions are cumulative and are in addition to any other right or remedy available to us at law or in equity.
    5. We may engage the services of one or more affiliates, subsidiaries, agents or subcontractors in order to fulfil our obligations.
    6. While you are using our services, you may use our software (including without limitation our Altery Mobile App, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website (Our IP). You may not, and may not attempt to, directly or indirectly: transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in Our IP to any person or entity; remove, obscure, or alter any notice of any of our trade marks, or other “intellectual property” appearing on or contained within Our IP; modify, copy, tamper with or otherwise create derivative works of any software included in our IP; or reverse engineer, disassemble, or decompile Our IP or apply any other process or procedure to derive the source code of any software included in Our IP.