Me2You Gift Card
Cardholder Terms and Conditions – Version 2.5 November 2015
These Terms and Conditions are part of your Agreement with us for participation in the Me2You Gift card scheme and for the Use of the gift card. You accept the Agreement between us including these terms and conditions when you purchase the card or when you as lawful bearer of the card present it for use for the first time during a sale transaction.
Terms and conditions attaching to the use of your card may vary at our discretion from time to time; you are advised to check our website www.me2you.ie to ensure you are reading the most recent version of our terms and conditions.
1. DURATION OF AGREEMENT
The agreement between you and us commences when you purchase the card or if you are not the purchaser when you first offer the card to pay for a sales transaction. The agreement terminates when the value of the balance of the card becomes nil.
2. DEFINITIONS
Agreement means the contract between you and us including but not limited to these terms and conditions and any amendments additions or deletions made in accordance with the agreement.
Card or Gift Card means “Me2You Gift card” whether an original or a replacement and the general Scheme and Processes enabling its use as a payment method.
Employer Card means a gift card issued by an employer to an employee and can only be redeemed by application by the employer.
He includes She where the context permits or requires.
Merchant means a trader who provides goods or services to customers and authorised means is permitted to sell From Me2You gift cards to customers and/or is permitted to accept From Me2You gift cards from customers in full or part payment of sales transactions.
Sales Transaction means a purchase of goods or services from a merchant where the card is used to make full or partial payment.
The Gift Card Company Limited is incorporated in Ireland under registration number IE 564299 with registered office at 32 Baggot Street Upper, Dublin 4, Ireland.
We/we or Us/us or our/our’s means The Gift Card Company Limited and/or Wirecard Card Solutions Limited and/or our authorised merchants and/or our business partners or associates in the Card Scheme as the context permits or requires.
Wirecard means Wirecard Card Solutions Limited. The Me2You Gift card is promoted by The Gift Card Company Limited and issued by Wirecard Card Solutions Limited Registered Office: 3rd Floor, Grainger Chambers, 3-5 Hood Street, Newcastle upon Tyne. NE1 6JQ. Registered in England No. 07875693. Authorised and regulated in the UK by the Financial Conduct Authority to issue electronic money (Reference Number: 900051)
You/you or Your/your means the person who purchased the card or the bearer of the card.
3. DESCRIPTION OF THE CARD
3.1. The From Me2You gift card is available in the Republic of Ireland and is denominated in Euro only. It is a prepaid card which is sold by authorised merchants or by us with a value already loaded at the time of purchase. At the time of purchase, Cards may be loaded with a minimum value of €15 and a maximum value of €500. These issuing values may be changed by us at our discretion from time to time and will be published. We may decline to sell a card to you at our absolute discretion without reason given.
3.2. The card is available up to its current balance for the purchase of goods or services at participating merchants. Participating merchants are listed on our website and will be widely advertised.
3.3. You may use it in part payment for a transaction of a higher value than the card balance available by settling the outstanding amount by another payment method acceptable to the merchant.
3.4. The card is issued by Wirecard Card Solutions Limited on behalf of The Gift Card Company Limited. Wirecard is authorised and licensed internationally for the conduct of relevant financial business. For details of their authorisations see “Wirecard” in the Definitions section above.
3.5. Interest will not be paid on card balances.
3.6. Keep all information about your card confidential at all times.
3.7. You should keep a note of your card number in a secure place and you should retain your transaction receipts in case that you may require them in order to make enquiries.
3.8. Your card balance may be viewed by logging on to our website at www.me2you.ie.
4. USE OF THE CARD
4.1. The Card may only be used in participating merchants.
4.2. When you present the card in payment the merchant will be required to seek authorisation for the transaction by communicating through modern electronic communications technologies; we will not be liable for any loss of any kind suffered by you due to disruption or failure of such electronic communications technologies.
4.3. Sales Transactions are a matter between you and the merchant and are governed by consumer law. We are not a party to the sales transaction and we have no liability in any matters whatsoever arising from the purchase of the goods or services. Our involvement in the transaction is only as payment provider and is confined exclusively to matters arising from the use of the card.
4.4. Should you be due a refund from a participating merchant we will not credit the amount of any refund due to your card. All refunds are a matter between you and the merchant.
4.5. If at any time you believe that any Sales Transaction has been incorrectly debited from your card you must advise us immediately by phoning us at 01-5542000. We may at our discretion request that you put your query in writing and that you provide documentation to verify your identity such as driving licence, passport or utility bills. We will investigate the transaction and may reinstate the transaction amount to your card if the transaction is found to be fraudulent, unauthorised or completed without any negligence on your part. If the transaction is found to be fraudulent we may provide details to the relevant authorities to investigate further.
5. SECURITY
5.1. You should treat your card as if it is cash or like any other valuable card which you hold and you should keep it safely. We will not be liable for any loss that you may suffer due to your card being lost stolen or misused or otherwise wrongfully handled or used unless due to any act omission or negligence on our part. You will remain liable to us for any loss we suffer due to any act omission or negligence or fraudulent use on your part.
5.2. The bearer of the From Me2You gift card is prima facie the authorised user of the card and will be treated as such by us unless we have been duly instructed and authorised in accordance with this agreement to block the card and have had reasonable opportunity to so do; the card however is our property at all times and we may in your and our interests seek or take possession of the card if we have reason to believe or to reasonably suspect that the card is not being legitimately used.
5.3. We may also on our own initiative block the use of the card for reasons at our discretion including but not confined to having reason to believe or to reasonably suspect that the card is not being legitimately handled or used.
6. REDEMPTION
6.1. You may request the redemption of the full balance on the card less fees chargeable by contacting us at 01-542000 and submitting confirmation in writing. We may request documentation at our discretion from you to verify your identity such as driving licence, passport or utility bills. Redemptions will be made by cheque, less any applicable fees 15 working days following your redemption request to allow any outstanding Sales Transactions clear.
6.2. Employers must contact us directly to request the redemption of an Employer Card.
7. LOST OR STOLEN
7.1. If your card has been lost or stolen or you believe its security has become compromised you should advise us as soon as possible by phoning us at 1850 911 888 or emailing us at [email protected] and advising us of the card number and confirming the notice in writing at the address below. If you cannot provide the card number we will not be able to cancel the card or issue a replacement card in accordance with clause 7.2. Notice should be sent to:
The Gift Card Company
Unit 10 Leopardstown Office Park,
Sandyford,
Dublin 18
7.2. If a credit balance exists we will send a replacement card if the balance is greater than the replacement fee. We will send a replacement card 15 working days following your notice to allow any Sale Transactions clear; during that period we will not be liable for any loss due to misuse of the card. We may request documentation at our discretion from you to verify your identity such as driving licence, passport or utility bills before issuing a replacement card.
7.3. If you should find the original card which you have requested us to block you should advise us immediately.
8. FEES
8.1. Fees relating the card are set out below. Fees relating to the purchase of the card are due immediately; all other fees will be charged as they arise. The schedule of fees is as follows:
Issuance Fee for cards purchased at an authorised merchant’s store:
€2.00 per card
Issuance Fee for cards purchased online including postage and packaging:
€2.00 per card
Card Replacement Fee:
€5.00 per card or the balance of the card if lower.
Inactive Balance Charge:
€1.40 per month or the balance of the card if lower. This charge applies from month 13 following the date of load and will be applied monthly until the card balance reaches nil.
Redemption Fee:
€8.00 per card or the available balance of the card if lower.
9. GENERAL TERMS AND CONDITIONS
Terms & conditions and fees attaching to your card may vary. We may add extend amend or delete the extant terms and conditions attaching to the use of your card at our discretion from time to time as appropriate. The new terms and conditions will be published on our website at www.me2you.ie 8 weeks before the effective date of the change. We may also publish the changes at least 8 weeks in advance by a method of our choice including social media, letter, email or a newspaper radio or television advertisement the new material is to your benefit. You may for a period of up to 4 weeks after the effective date decide to give notice to us that you wish to terminate the agreement and to redeem the balance on your card subject to the terms & conditions operating before the effective date. If we do not receive such notice you will be deemed to have accepted the new terms and conditions.
10. LIABILITY
10.1 Except as provided in clause 10.3 below our several liabilities to you or to any third party related to you for any loss, damage, cost or expenses under or in connection with the Contract and in connection with the Goods and Services provided by us howsoever arising, including without limitation, loss, damage cost or expenses caused by breach of contract, tort including negligence or breach of statutory or any other duty and any loss, damage, costs and expenses in respect of physical damage to or loss of tangible assets and any other loss, damage, costs or expenses, shall in no circumstances exceed the aggregate value of the Contract Price actually received by us from the Customer for the Goods and/or Services to which any claims for loss damage, cost and expenses relate.
10.2 We shall not in any event be liable for any pecuniary loss of profits, loss or business, loss of contracts, loss or use or loss of data or any special, indirect or consequential loss or damage whatsoever and howsoever caused.
10.3 The exclusions and limitations contained in clause 10.1 and 10.2 shall not apply to any loss, damage, cost and expenses in respect of injury to, illness or death of any person caused by negligence on our part.
10.4 The Customer expressly acknowledges that the limitations and exclusions in 10.1 and
10.2 and 10.3 are expressed for our benefit.
11. FORCE MAJEURE
Neither we nor you will be liable to the other for any delay in or failure to perform or comply with its obligations under this Agreement as a result of Force Majeure. The affected party should promptly notify the other of the commencement and cessation of Force Majeure. If Force Majeure continues for a period in excess on ninety (90) days either party shall be entitled to terminate the Contract forthwith by written notice and without liability for termination. If the Contract is terminated under this clause 11 all orders for Goods and Services placed prior to the date of termination will be deemed to have been cancelled and you shall pay us for all Goods and Services already supplied, work-in-progress and the cost of materials reasonably ordered by us in the expectation of completing the Contract.
12. WAIVER
Any failure or delay by you or us to exercise or enforce any right shall not affect the right to exercise or enforce that right against the other party nor shall any waiver of any breach of any provision be taken as a waiver of any subsequent breach or of the provision itself. To be effective any waiver must be in writing, signed by an authorised representative of the waiving party and be delivered to the other party.
13. ENTIRE AGREEMENT AND VARIATION
The Agreement comprising of any relevant commercial data provided by you in all documents supplied to us and this document and any subsequent agreement expressly declared in writing to be a part of this agreement embodies the entire agreement between the parties regarding its subject matter to the exclusion of any other or prior communications. The parties acknowledge that neither has placed any reliance on any prior communications other than those expressly incorporated in the Contract. The parties irrevocably and unconditionally waive any right that they may have to rescind the Contract and or claim damagers for any misrepresentation whether or not contained in the Contract or breach of any warranty was made fraudulently. The Customer also acknowledges that all particulars, descriptions, specifications and details of weight and dimensions set out in catalogues, brochures and similar documents are approximate only and intended for general guidance. No variation of the terms and conditions of the Contract shall have effect unless it is agreed to in writing and signed by the parties’ authorised representatives.
14. DATA USAGE
14.1 You understand and permit as follows: that Data including personal information and commercial and financial information about you and others and/or your officials and management and directors as appropriate will be collected before and after the execution of this agreement by us and may for business purposes be shared amongst us and may be used by us for the purposes of our business with you but always in a manner recognising your confidentiality and commercial interests.
14.2 You consent to our transferring any data supplied to us to jurisdictions that do not provide the same level of data protection as our native jurisdiction when the transfer is done in order to provide our services to you.
14.3 You warrant that you have the explicit consent of those whose information you have disclosed and their agreement to its usage as described herein.
15. SEVERABILITY
If any provision of the Contract, including any part of any clause and/or sub-clause, be held as void, contrary to law or unenforceable, the validity and enforceability of the remainder of the Contract shall not be affected.
16. NOTICES
Any notice to be given under the terms of the Contract shall be given in writing addressed to the party for whom it is intended at its address stated in the Contract or such other address as may be notified in writing subsequently for the receipt of notices. Notices shall be deemed to have been received at the time when in the normal course of transmission they would have been received.
17. Rights of Third Parties
A third party who is not a Party to this Agreement has no right to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
18. ALTERNATIVE DISPUTE RESOLUTION
Any dispute between we and you about any matter in relation to the performance of this Agreement which cannot be resolved by the parties within 30 days of notice of the dispute being served by one party on the other will first be referred to mediation or other alternative dispute resolution procedure as agreed between the parties, each acting in good faith. Unless otherwise agreed the parties will share equally the costs of mediation, and the use of mediation will be without prejudice to the rights of the parties in all respects.
19. Law and Jurisdiction
This Agreement shall be governed by, and construed in accordance with the Laws of Ireland in relation to any legal action or proceedings to enforce this Agreement or arising out of or in connection with this Agreement (including non-contractual disputes or claims). Each of the parties irrevocably submits to the exclusive jurisdiction of the courts of Ireland. All proceedings in regard to this agreement shall be conducted in the English language.
20. COMPLAINTS
If you are unsatisfied with our service please write to us immediately by email: [email protected] or by post: The Gift Card Company Ltd., Unit 10 Leopardstown Office Park, Sandyford, Dublin 18. We will investigate any complaint quickly and may contact you for further information.
If you are unsatisfied with our response you may contact the Financial Ombudsman Service at The Financial Ombudsman Service, Exchange Tower, London E14 9SR, UK. Telephone: +44 20 7964 0500 or email: [email protected]
HOW CONTACT US
If you wish to contact us about anything to do with the From Me2You gift card please call us during business hours at 1850 911 888 or email us [email protected] or logon onto our website www.me2you.ie