OPEN Gift Card Ltd – Terms and Conditions
INTRODUCTION
OPEN Gift Card is available in sterling (£) only. The Card is not a credit card or a charge card; nor is it a debit card linked to a current account. It is a prepaid card which means that money must be loaded onto the Card by the gifter, using the OPEN Gift Card website or mobile application. Once funds are loaded, cardholders can use the gift card to pay for purchases at any participating business.
The Card is issued by OPEN Gift Card Ltd, with funds protected and managed in Escrow by Mango Pay Ltd. Both parties are subject to these terms and conditions.
Certain limits apply to the Card. A maximum value of £120 may be loaded onto the Card at the time of purchase; the minimum load value is £10. Additional amounts may not be loaded onto the Card at any time. Interest will not be payable in respect of Card balances.
You should look after the Card as we do not hold your personal details and we cannot link the Card to you.
1. DEFINITIONS
“Agreement” means the agreement between you and us, which includes these terms and conditions.
“Business Day” means any day from Monday to Friday excluding UK bank holidays.
“Card” means the OPEN Gift Card, a prepaid card denominated in sterling, or any replacement card which we issue to you from time to time.
“Card Transaction” means any transaction whereby the Card is used as payment for goods and/or services at Participating Retailers.
“OPEN Gift Card”, “We” (or “we”) or “us” means OPEN Gift Card whose registered office is at 46 Park Place Leeds, LS1 2RY and any business or other person to whom any or all of our rights and responsibilities under this Agreement may be transferred or delegated.
“Payment Provider” means MANGOPAY whose registered office is at 10 Boulevard Royal, L-2449 Luxembourg, listed under Number B173459 on the Luxembourg Trade and Company Register and are OPEN Gift Cards end-to-end payment solution. This includes the processing of payments, holding gift card funds in escrow and releasing funds to registered businesses. They’re EU licensed and regulated by the Financial Institution and are PCI DSS Compliant.
“Participating Business” means a supplier of goods and/or services in the UK which has agreed to accept OPEN Gift Card as payment for goods and/or services. A list of participating retailers can be found on our website.
“Programme Partner” means a corporate body or organisation that purchased the OPEN Gift Card. I.e. Staff rewards.
“Valid Thru” means the period within which the physical Card is operational and ends on the Valid Thru date. (A replacement Card will be required to use any funds remaining on the Card after this date.)
“Website” means the OPEN Gift Card website http://www.opengiftcard.co.uk
“Customer” (or “you”) and “Your” (or “your”) means the person who loaded the Card or the person in possession of the Card from time to time who has been gifted the Card by the purchaser.
Contact Details:
– For lost or stolen cards email info@opengiftcard.co.uk
– For balance enquiries, visit http://www.opengiftcard.co.uk/card
– For queries or disputes relating to previous transactions email info@opengiftcard.co.uk
– For a list of participating businesses, visit http://www.opengiftcard.co.uk/businesses
2. CARD
2.1 The use of the Card is subject to the terms of this Agreement as may be varied by us from time to time. The current version of this Agreement is available on the Website. Loading funds onto a Card and or use of the Card constitutes your acceptance of it.
2.2 The Card will not be personalised; meaning the cardholder’s name will not be printed on the Card. The Card is transferable by delivery. We will assume, unless and until you tell us to the contrary, that the person who uses the Card at any time is the rightful user of the Card.
2.3 Please record your Card number or retain a copy of the receipt as proof of purchase; the Card number will be needed to check or redeem your Card balance or if your Card is lost or stolen (see Clauses 10 and 11 of this Agreement).
2.4 You may use the Card, in accordance with any instructions issued by us from time to time, until the Card balance reaches zero, at which point this Agreement will automatically terminate and your right to use the Card will cease.
2.5 You may request repayment of any balance outstanding on the Card by emailing info@opengiftcard.co.uk. A Redemption Fee will be applied in accordance with Clauses 6 and 10.
3. Funds Protection
3.1 OPEN Gift Card is powered by MANGOPAY, an electronic money product. MANGOPAY keeps all money exchanged for the OPEN Gift Card in a bank account which is separate and segregated. This means, in the unlikely event of OPEN Gift Card or MANGOPAY becoming insolvent your money is protected and will be available for return to cardholders.
3.2 The Financial Services Compensation Scheme does not cover claims made in connection with the issuing of electronic money.
4. PROTECTING YOUR CARD
4.1 You must:
(a) treat the Card as if it were cash
(b) take all reasonable care and precaution in the custody of the Card and keep your Card safe
(c) keep your transaction receipts safe (we only supply an electronic version through email confirmation)
(d) never give your Card number or any other Card information to anyone unless you know who they are and
(f) if the security foil that hides the Cards 4 digit pin is compromised before loading funds, then do not continue with a payment. You can take a replacement from any registered business or order online at www.opengiftcard.co.uk/order-open
4.2 We recommend that you protect your Card from scratches and exposure which may damage the Card and result in it not being readable when presented at a Participating Retailer as a form of payment.
5. USING YOUR CARD
5.1 The Card may only be used in Participating businesses. The up to date list of participating businesses is available on the Website. The list of Participating businesses and how they accept the Card (in-store, online or by phone) may change from time to time.
5.2 We will debit the amount of all Card Transactions to the Card, at the time that the transaction takes place. You must not use the Card to spend more than the Card balance at any time. If you attempt to spend more than the Card balance your transaction may be declined.
5.3 You cannot stop a Card Transaction after it has been authorised. You authorise a Card Transaction by following the instructions provided by the Participating business to authorise a transaction, which includes:
(a) Presenting the card to a registered business;
(b) providing Card number and/or other details as requested.
The amount of the Card Transaction must be confirmed with the Participating Business at the time of authorisation.
5.4 We will not issue statements. You can obtain your Card balance. You are responsible for monitoring your Card balance and for ensuring that there are sufficient funds on the Card at all times to pay for Transactions. The up to date Card balance will be available to view in real-time.
5.5 If at any time you believe that a Card Transaction has been incorrectly debited to your Card you must notify us immediately by emailing info@opengiftcard.co.uk and in any event within 12 months of the date of the Card Transaction was debited to your Card. If requested, you must put your query in writing. We will investigate the transaction and, if appropriate, reinstate the incorrectly debited amount on your Card on completion of our investigation unless we reasonably believe that you are responsible for the transaction.
5.6 If the amount of a Card Transaction which you wish to make using your Card is greater than the available balance, you can pay the difference by any other payment method accepted by the Participating Business.
5.7 Your Card will expire after 24 months of when funds were loaded onto it. This date will be made available on our website when you enter the Card code to check the balance. Once 24 months are expired, then the Card will be invalid, and you will not be able to access any remaining funds.
5.8 Neither OPEN Gift Card or MANGOPAY will be liable for any defects in any goods or services paid for using the Card. Any queries or complaints about such goods or services should be addressed to the relevant Participating Business(s).
6. FEES AND CHARGES
Fees
6.1 The amounts of fees and details of when they will be payable are set out in the table below. The Postage and Packing Fee must be paid separately at the time of purchase of the Card. All other fees will be debited directly to the Card as they arise.
Fees & Charges Table
| Category | Amount |
| Postage and Packing Fee (Internet Card purchases) | FREE, regardless of the number of Cards purchased |
| Redemption Fee (this fee applies where you contact us to redeem the balance on the Card in accordance with Clauses 2.5 and 10). | £5.00 fee per card or the balance on the Card, if lower |
| Card Replacement Fee (if the Card is lost, or stolen and we issue a replacement card at your request) | FREE |
7. CHANGES
7.1 We reserve the right at all times to introduce new terms and/or to vary or amend an existing term (including, without limitation, change the existing fees or introduce new fees) by giving you at least two months’ notice thereof on the Website or by whatever means we, in accordance with applicable legislation, deem appropriate at that time. You will be deemed to have accepted such revised Agreement, unless you tell us that you do not agree to the change prior to the change taking effect. In such circumstance, your rejection of the change shall be treated as notification that you wish to terminate this Agreement. We will refund the balance on your Card in accordance with the Clause 10 (Redemption) below.
8. RESTRICTIONS ON USE OF THE CARD
8.1 The following Card limits will apply:
Minimum Load Amount – £10
Maximum Load Amount – £120
8.2 The Card belongs to us. We may, at our reasonable discretion and without prior notice to you, restrict the use or operation of the Card in circumstances where:
• you are in breach of this Agreement
• we have reasonable grounds to suspect unauthorised use of the Card, fraud, theft or dishonesty; or
• we have any legal, regulatory or other objectively justifiable reason.
In such circumstances, we will be entitled to take such steps as we consider reasonably necessary to:
• block the use or operation of the Card;
• refuse to allow or authorise a Card Transaction;
• suspend, restrict or terminate your right to use the Card;
• withdraw the Card; or
• refuse to replace the Card.
This may include us or any person acting on our behalf (including a Participating Business or another company within the group) retaining the Card at any time without notice to you.
Where we take any such steps, we will notify you and give our reasons for doing so as soon as we are permitted to do so when you contact us. Where the Card is blocked, and you believe it may be because of the circumstances above please contact us by emailing info@opengiftcard.co.uk and we will advise you as to how the block may be removed or will issue you with a replacement Card (if after our investigation we believe the relevant circumstances which described above no longer apply). We may ask you to return the Card to us (cut in half vertically).
8.3 You must not use the Card:
(a) after any notification of its withdrawal is given to you;
(b) once the Card balance reaches zero;
(c) as payment for any illegal purchase.
9. RESTRICTED TRANSACTIONS
9.1 The Card can be used for Card Transactions in the UK only; the Card may not be used abroad.
9.2 The Card can be used for Card Transactions in the UK only; the Card may not be used abroad.
9.3 The Card cannot be used in automated teller machines (“ATMs”) to obtain cash.
10. REDEMPTION
10.1 You may at any time request repayment of the remaining balance on the Card by emailing info@opengiftcard.co.uk and quoting your Card number. You must not use your Card after you ask us to repay the balance to you. In order to allow any outstanding Card Transactions to clear, we will refund the balance to you by bank transfer to your nominated bank account, minus any fees within seven Business Days of such a request. The Redemption Fee set out in Clause 6 will apply, except:
– during the Cancellation Period as set out in Clause 12.1;
– during the 12 months following the termination of this Agreement; or
– when you are cancelling your Card because you object to a change, we have made to this Agreement under Clause 7.1.
10.2 If you wish to redeem the balance you may be required to submit documentation to us for purposes of identification in accordance with our customer due diligence process.
10.3 If you received this Card from a corporation/business (including a third party), we reserve the right to notify the corporation/business of the redemption request.
10.4 If you received this Card from or via a Programme Partner, we reserve the right to notify the Programme Partner of the redemption request.
10.5 We will not repay funds remaining on your Card to you if your request for redemption is received by us more than six years after the termination of this Agreement.
11. THEFT, LOSS OR MISUSE OF CARD
11.1 You should treat the Card as if it were cash. If the Card is lost, stolen, damaged or fails to operate correctly or if the Card number becomes known to any unauthorised person you must immediately notify Customer Services (details below). You must quote the Card number; if you do not quote the Card number, we will not be able to cancel the Card or issue a replacement Card. If your notification is made orally it must be confirmed in writing within fourteen Business Days.
Notification should be made to:
OPEN Gift Card Ltd
46 Park Place
Leeds
LS1 2RY
11.2. Provided that you have not acted fraudulently or with gross negligence, you will remain liable for any debit to the Card arising from unauthorised use of the lost or stolen Card before you notify us in accordance with Clause 11.1, subject to a limit of £30. If you have acted fraudulently, or without reasonable care you may be liable for the entire loss. You will not be able to claim a refund for any unauthorised transactions arising from use of a lost or stolen Card where you notified us of such transactions more than 12 months from the date the transaction was debited to your Card.
11.3 Following notification under Clause 11.1, if there is a balance on the Card at the time the Card is reported lost or stolen, we will cancel the original Card and will send a replacement Card to you (with the appropriate funds loaded on to the replacement Card) at the address nominated by you. We cannot issue a replacement Card if you do not tell us the Card number. To allow for the processing of any pending Card Transactions, we will wait seven Business Days prior to issuing any replacement Card.
11.4 If you subsequently find the original Card, you must notify us immediately. You must not use the original Card.
12. TERMINATION AND CANCELLATION
12.1 You have a right to cancel your Card and thereby this Agreement without reason and without being charged the Redemption Fee (as referred to in the Fees and Charges Clause 6) for a period of up to 14 days after you have purchased the Card (“Cancellation Period”). Note this right only applies to the purchaser of the Card. You can cancel by emailing info@opengiftcard.co.uk. This will not entitle you to a refund of any Card Transactions made up to the date you notify us of your cancellation.
12.2 You can terminate this Agreement at any time by notifying us.
12.3 We can terminate this Agreement for any reason by giving you at least 2 months’ notice on the Website or by whatever means we, in accordance with applicable legislation, deem appropriate at that time.
12.4 If your Card is cancelled or you have terminated this Agreement in accordance with this Clause 12 we will immediately block your Card so it cannot be used. Any funds remaining on your Card will be returned to you once all Card Transactions and all relevant fees (see the Fees and Charges Clause 6) have been processed. See Clause 10 (Redemption) which sets out how funds will be returned and further terms relating to the return of funds.
13. PARTICIPATING BUSINESSES
13.1 It will be necessary in all cases for a Participating Businesses to obtain authorisation from us or our agents to honour the Card for a Card Transaction; this is to ensure that there are sufficient funds on the Card. We may refuse to authorise a Card Transaction at any time if there are insufficient funds on the Card.
13.2 A Participating Business may not be able to obtain authorisation from us in some circumstances (for example, if there is a problem with internet connection at the Participating Business premises and our or MANGOPAY’s systems are down). If this happens, we will not be responsible if you are unable to use the Card for a particular Card Transaction. Furthermore, we will not be liable for the refusal of any Participating Business to accept or honour the Card for any reason.
13.3 If a Participating Business becomes liable to make a refund to you, we will not credit the amount of any refund to the Card; refunds are a matter between you and the relevant Participating Business.
13.4 The list of Participating Businesses may change from time to time and businesses listed may withdraw from the programme at any time. A list of currently Participating Businesses is available on the Website.
14. DATA PROTECTION
14.1 By purchasing the Card and using it, you agree that we can use your personal data in accordance with Our Privacy Policy. Our Privacy Policy is set out on Our Website, it includes details of the personal data that we collect, how it will be used, and who we pass it to. Visit http://www.opengiftcard.co.uk/privacy-policy
14.2 We collect and process personal data (such as name, address and e-mail address) when you load funds onto the Card. We use this data to deliver the Card(s) to you or the person you have requested us to send the Card to. We may also collect such personal data when you contact us in order for us to assist with a query about the Card you hold or to process a Card redemption request.
14.3 We will never share your personal data with third parties.
14.4 We will not use your personal data for marketing, unless, when load your Card (or such other time we contact you), you opt in to receiving marketing information. If you have provided such opt-in, we may from time to time contact you with details of products and services we think may be of interest to you. If you no longer want to receive such communications, please advise Customer Services.
14.3 You explicitly consent to us accessing, processing and retaining any information you provide to us for the purposes of providing payment services to you. This does not affect any rights and obligations you or we have under data protection legislation.
15. GENERAL
15.1 We will not be liable for any delay or failure in performing any of its obligations in respect of the Card, including without limitation any refunds resulting from incorrectly executed or unauthorised transactions, where such delay or failure occurs because of any abnormal or unforeseeable circumstances beyond our reasonable control, the consequences of which could not have been avoidable despite our efforts to the contrary, or where such delay or failure arose because of our obligations under any applicable law.
15.2 The accounts and records kept by us or on our behalf shall, in the absence of an obvious error, constitute sufficient evidence of any facts or events relied upon by us in connection with any Card Transaction or matter or dealing in relation to the Card.
15.3 You agree that Regulation 75 of the Payment Services Regulations 2017 shall not apply to this Agreement that we may rely on our records of the use of the Card as sufficient evidence that the Card Transaction was authorised by you or that you have failed in gross negligence to keep your Card safe.
15.4 We may disclose details of the Card to any person acting as its agent in connection with the use or issue of the Card.
15.5 This Agreement shall be governed by and interpreted in accordance with English law and is subject to the non-exclusive jurisdiction of the English courts.
15.6 All communications under this Agreement will be in English.
15.7 We may record or monitor phone calls with you for training purposes, to enable instructions to be verified and to assess whether our service standards are being met.
16. COMPLAINTS
If you are not satisfied with any aspect of the service offered, please contact info@opengiftcard.co.uk or write to Customer Services at:
OPEN Gift Card Ltd
46 Park Place
Leeds
LS1 2RY
Email: info@opengiftcard.co.uk
They will be pleased to help and explain the complaints procedure in more detail. A copy of the complaint’s procedure is available upon request. We will try and resolve your complaint as soon as possible. Often however, the complaint will need to be investigated. In most cases we will provide a full response to your complaint within fifteen (15) Business Days after the day on which we receive your complaint. However, if we are not able to do so due to exceptional circumstances, we will provide you with a full response within thirty-five (35) Business Days, in which case we will inform you of the delay. If your complaint cannot be resolved, you may refer it to the Financial Ombudsman Service (the “FOS”). The FOS provides a free, independent service which might be able to settle a complaint between you and us. You can contact the FOS at:
Financial Ombudsman Service
Exchange Tower
London
E14 9SR
Website: http://www.financial-ombudsman.org.uk.
Email: complaint.info@financial-ombudsman.org.uk
Telephone 0800 023 4567 or 0300 123 9123
OPEN Gift Card is incorporated in England with limited liability. Registered Office; 46 Park Place Leeds, LS1 2RY
MANGO PAY A limited liability company incorporated in Luxembourg, with registered offices at 10 Boulevard Royal, L-2449 Luxembourg, listed under Number B173459on the Luxembourg Trade and Company Register, approved as an electronic money institution by the Financial Sector Regulator (CSSF) and authorised to carry out its business in Europe, and represented by Romain Mazeries, Chief Executive Officer.