Effective date 12 August 2021
These terms and conditions of use (“Terms”), and the provisions of the schedule (“Schedule”), in relation with the use of the prepaid Card issued by Transact Payments Malta Limited (collectively the “Agreement”) constitute a binding agreement between You and Transact Payments Malta Limited.
These Terms govern the use of your Card when used as a virtual Card or when used via Mobile Payments. Your Device provider, your Wireless Carrier, and other third-party services or websites incorporated into the Mobile Payments Service may have their own terms and conditions and privacy policies (“Third Party Agreements”). You are also subject to those Third-Party Agreements when you give them your personal information, use their services or visit their respective websites.
"You" and "Your" means the "Contract Holder" of the Card and as applicable, the Card User on the Contract Holder’s behalf. "We", "Our" or “Us” means Transact Payments Malta Limited, a company incorporated in Malta with registered address Vault 14, Level 2, Valletta Waterfront, Floriana FRN 1914 and company registration number 91879 and authorised by the Malta Financial Services Authority as an electronic money institution (“TPML”) or Astat on Our behalf.
You will be asked to confirm Your acceptance of this Agreement when You apply for Cards via the Corporate Account Platform. If You refuse to accept this Agreement then We will not be able to complete Your order for Cards. The Agreement will be governed by the Terms and Schedule in force as displayed on the Astat App and the Corporate Account Platform.
Please read the Terms and Schedule carefully and retain a copy for future reference.
Account means the electronic money account associated with the Card.
Applicable Law means any applicable law (including but not limited to, any local law of the jurisdictions into which the Card is provided and the Program is operated), statute, statutory instrument, act, regulation, rule, order, supervisory guidance, policy, instruction or requirement stipulated by an applicable Regulatory Authority, or interpretation promulgated or published by any Regulatory Authority, any order issued by a court having jurisdiction over a party, or any applicable rule or requirement of any Card Scheme related to the issuance, sale, authorisation or usage of the Card and/or services to be provided under this Agreement or such other rule as deemed valid by TPML from time to time.
Astat means Astat AS, incorporated and registered in Norway with company registration number 925 895 431 and registered office at Kirkegata 8, 3016 Drammen, Norway, as per clause 18.2, the administrative and technical manager of the Card and in particular in charge of Customer Services.
Astat App means the mobile and web applications indicated in the Schedule, where Card Users may perform certain operations in relation to their Card such as activation, viewing Transactions, viewing the balance, blocking and unblocking and raising queries with Customer Services in relation to use of the Card or the available funds. Use of the App is regulated by the Astat Terms of Service.
Astat Terms of Service means the agreement entered into between you and Astat which governs use of the Astat Corporate Account Platform and the Astat App.
Business Day means Monday to Friday, 9am to 5pm CET, excluding bank, national and public holidays in Malta.
Card means each reloadable virtual prepaid card, as set out in the Schedule, issued to You by Us pursuant to licence by the Card Scheme, loaded in the Denominated Currency. References to the Card include all Card details, Security Details and PINs. Virtual reloadable prepaid cards shall not contain PINs.
Card Scheme has the meaning defined in the Schedule.
Card Services means any services provided by Us or Our third-party service providers in connection with a Card.
Card User means an individual to whom a Card is supplied and who is validly authorised by You to use and to utilise funds on a Card subject to this Agreement and on Your behalf.
Contract Holder means You, the corporate entity to whom the Cards are issued and which, subject to its Corporate Account Platform agreement, owns the available funds that can be used by the Card User.
Corporate Account Platform means the online platform where Cards can be ordered and administered. Use of the Corporate Account Platform is regulated by an agreement entered into between the Contract Holder and Astat.
Customer Services means the department in charge of providing customer support for the Card as further indicated in the Schedule.
Denominated Currency has the meaning given to it in the Schedule.
Device means your mobile device via which you can make Mobile Payments.
Insolvency Event: occurs, with respect to any party, in the event of
Mobile Payments or Mobile Payments Service means the mobile payments service provided by a Mobile Payments Provider.
Mobile Payments Provider means the provider of a Mobile Payments Service.
PIN or PIN Code means the personal identification number used to access certain Card services, provided to the Card User.
Regulatory Authority means as the context requires, any Scheme and/or any regulator or agency having jurisdiction over Issuer or Astat related to the issuance, marketing, sale, authorisation or usage of the Cards, Program(s) or services provided under this agreement, including without limitation the Malta Financial Services Authority.
Security Details means certain information, including personal information, given by You on behalf of the Card User when applying for, and using, the Card and as notified to Us by You from time to time.
Transaction means Your use of the Card to make a payment or a purchase of goods or services from a Merchant over the internet, by phone or mail order.
Wireless Carrier means your service provider which provides the mobile phone connection to the mobile network for the Device to operate.
2.1.1) The Card cannot be used unless it has been activated within the notified time by the Card User. You must know, and ensure that Card Users know, and follow the steps required to activate the Card and the instructions must be followed. You shall only distribute the Card to the Card User and You shall be responsible for ensuring that each Card User complies with this Agreement where applicable.
2.1.2) The Card is only for use by the Card User and expires on the date on the front of the Card. The Card cannot be used after it has expired.
2.1.3) The Mobile Payments Service enables the Card User to create a virtual representation of the Card on the Device, so that you can use the Card to make contactless payments at merchants' contactless-enabled point-of-sale terminals.
2.1.4) When you select your Card to use with your Mobile Payments Provider, certain Account information will be transmitted to and stored within your Device, which is then represented as a digital card.
2.1.5) The Mobile Payments Provider may also give you access to information about your Card. Further information on that feature will be provided by the Mobile Payments Provider.
2.1.6) The amount relating to each Transaction and any associated fees will be deducted from the balance on the Card.
2.1.7) When using the Card at certain merchants, including hotels, restaurants and petrol stations, the merchant may hold an additional amount to cover tips/gratuities, temporarily reducing the balance available on the Card.
2.1.8) We do not recommend using the Card as a guarantee of payment, for example as a deposit for hotels, cruise lines or car rental, as merchants such as these may estimate the final bill and this amount will be temporarily unavailable to access or spend.
2.1.9) You agree to accept a credit to the Card if a Card User is entitled to a refund for any reason for goods or services purchased using the Card.
2.1.10) We are not responsible for ensuring that point of sale terminals (“POS”) will accept the plastic Card.
2.1.11) Certain static payment terminal machines such as in car parking lots and toll ways are not connected in real time to the Card Scheme approval network and may not be able to accept prepaid Cards. We accept no responsibility, and shall not be liable for, any inability of Card Users to use their Cards in such POS or machines.
2.1.12) You must comply with all laws and regulations (including any foreign exchange controls) in respect of the Card, in the country of purchase and/or use.
2.2.1) The Card User should check that sufficient funds are available on the Card prior to attempting to make any Transaction to avoid disappointment or embarrassment if the Card is declined.
2.2.2) If there are insufficient funds on the Card to pay for a Transaction the Card may be declined or the retailer may allow payment of the balance by some other means.
2.2.3) The Card can only be used if it has a positive available balance.
2.2.4) The Card User may redeem or spend the balance of any unspent funds on the Card at any time prior to its expiry date. Following the Card’s expiry, unspent funds may only be redeemed by the Contract Holder.
2.2.5) The Card User may obtain certain information concerning the Card and recent Transactions via the Astat App or by contacting Customer Services by telephone (available twenty-four (24) hours a day.
2.3.1) The Card User and/or Contract Holder may request to have the Card temporarily blocked by contacting Customer Services.
2.3.2) You and/or the Card User may request that the Card be unblocked at any time via the Corporate Platform or the Astat App (as applicable).
2.3.3) If We block or suspend a Card, We shall notify You and/or the Card User, by email, if possible prior to blocking or suspending the Card, and at the latest, immediately after, unless We reasonably believe that providing such information would constitute a security risk or We are not permitted to provide such information by any Applicable Law. The Card User and/or Card Holder can at any time request that the block be removed from their Card by contacting Customer Services at the contact details specified in the Schedule, but the discretion to unblock the Card or resume provision of Our services will be at Our discretion.
2.3.4) The Card User may obtain certain information concerning the Card and recent Transactions via the Astat App or by contacting Customer Services by telephone (available twenty-four (24) hours a day.
2.4) Card Renewal: Any Card renewal, if applicable, shall be subject to the Schedule.
2.5) Refund: Goods or services paid for with the Card cannot be refunded by a retailer unless there was a prior Transaction debited from the Card by that retailer of an equal or higher amount than the refund requested. If the Card User and retailer agree a refund, the retailer may process the refund via a POS terminal. Amounts credited to the Card as refunds shall be available no more than 3 (three) days after the time the refund order was received. If an amount is credited to the Card that does not correspond to a refund, Astat reserves the right to apply loading fees as set out in the Schedule and/or, at Our discretion, terminate the agreement.
3.1.) The Card Fees and Limits provisions are outlined in the Schedule and will apply to the Card.
3.2.) Transaction limits may apply to the Card as detailed in the Schedule.
3.3.) When the fees are linked to a Transaction that results from a related service without use of the Card, it will be carried out provided that sufficient funds are available on the Card to cover the cost of the Transaction and the fees, and related fees shall be separately debited from the Card’s balance.
3.4.) Each time the Card User uses the Card, the value of the Transaction plus any applicable fees shall be debited from the Card. If the value of the Transaction plus any applicable fees exceeds the balance of the funds available on the Card the Transaction will be declined, and applicable fees shall be charged to the Card in accordance with the provisions of the Schedule. These fees cannot exceed the amount of the payment order.
3.5.) Third Party Agreements may have fees, limitations and restrictions which might affect your use of the Card on your Device, such as data usage or text messaging charges imposed on you by your Wireless Carrier. You are solely responsible for these fees and agree to comply with any limitations or restrictions.
4.1.) When you register the Card to your Device, information about that Card is sent to and stored on your Device and used to create a digital card which is provisioned to your Device. This digital card may not have the same card number as your virtual Card. It is important that you take reasonable precautions to keep Cards which you have registered via Mobile Payments, including the security details that relate to them (for example your Device password, pattern, PIN, your fingerprint and iris scan stored in your Device) safe and that you prevent fraudulent use of them.
4.2.) Before you register for Mobile Payments, you must check that only your Security Details are linked to the card you want to use on your Device, as these details will then be used for authorisation to make Transactions on your card. For the purposes of Mobile Payments, any transactions made using your Card and linked Security Details on the Device will be assumed to be authorised by you.
4.3.) You should treat the Card like cash. If it is lost or stolen, you may lose some or all of your money on your Card, in the same way as if you lost cash.
4.4.) You must keep the Card and Security Details safe by taking appropriate measures, including, but not limited to, the following:
4.5.) You must delete your Card from your old Device if you upgrade, change, dispose of it or pass it temporarily to someone else, e.g. to be repaired.
4.6.) You undertake, represent and warrant to Us that the Transactions that the Card User will undertake using the Card do not contravene Applicable Law and that You and the Card User shall at all times comply with all Applicable Law in relation to the performance of Your obligations under this Agreement.
4.7.) Information sent over the internet may not be completely secure. The internet and the online systems are not controlled or owned by us so We cannot guarantee that they will be secure and function at all times and We accept no liability for unavailability or interruption.
6.1.) You will need to give your consent to each Transaction so that we can check it is genuine by, where applicable, a) using a password or security code personal to you; b) providing the Card details and/or providing any other details personal to you and/or your Card; c) selecting a digital card and placing your Device near a merchant’s contactless-enabled point-of-sale terminal or reader; or d) giving your consent in a similar manner. Once you have given such consent to the Transaction, it will be deemed to be authorised.
6.2.) If a Transaction order is received after 4pm on a Business Day then it will be deemed to have been received on the next Business day.
6.3.) Once a Transaction has been authorised by you, it cannot be revoked and the time of receipt of a Transaction order is when we receive it.
6.4.) Your ability to use or access the Card may occasionally be interrupted, for example if we need to carry out maintenance on our systems or websites. Please contact Customer Services to notify us of any problems you are experiencing using your Card or Account and we will endeavour to resolve these as soon as possible.
7.1.) If your Device is lost or stolen, if you believe that someone else has used or has discovered your Mobile Payments Security Details or that the security of the Card on your Device has been compromised, you must contact us using the telephone number stated in the Schedule as soon as you can so that we can deactivate the card on your Device.
7.2.) If your Device is lost or stolen, you should also take the steps recommended to you by your Mobile Payments Provider to locate, lock or erase your Device contents remotely.
7.3.) We may also suspend a Card with or without notice if We suspect that the Card or any Card-related Security Details have been, or are likely to be, misused, if any Transactions are deemed to be suspicious and/or are identified as being fraudulent, if We have reason to believe that You have broken an important condition of these Terms or that You have repeatedly broken any term or condition and have failed to remedy it, or if We suspect illegal use of the Card.
7.4.) You and/or the Card User will be required to confirm details of the loss, theft or misuse to us in writing.
7.5.) You and/or the Card User may be required to assist Us, Our agents or the police if the Card is stolen or We suspect the Card is being misused.
7.6.) Replacement Cards may be subject to a fee as set out in the Schedule.
7.7.) If any reported lost Card is subsequently found it must not be used unless You contact Customer Services first and obtain approval.
8.1.) These Terms only apply to your use of the Card. Your Device provider, your Wireless Carrier and other third-party websites or services integrated in or allowing the provision of Mobile Payments have their own Third-Party Agreements and you are subject to these when you give them your personal information, use their services or visit their sites. We are not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of any third party’s products or services.
8.2.) It is your responsibility to read and understand the Third-Party Agreements before creating, activating or using a digital replica of your Card through Mobile Payments.
8.3.) We are not responsible for, and do not provide, any support or assistance for any third-party hardware, software or other products or services (including Mobile Payments and your Device). If you have any questions or issues with a third-party product or service, please contact the appropriate third party for customer support.
8.4.) Mobile Payments Providers may be added, or removed, from time to time and it is your responsibility to check the Astat App for details on which Mobile Payments Providers are available for use with your Card.
9.1.) We will not be liable to You in respect of any losses You or the Card User may suffer in connection with or arising from the Card, except where such losses are due to a breach by us of this Agreement or due to Our negligence. In addition, We will not be liable for disputes concerning the quality of goods or services purchased from any merchant that accepted a Card or for any additional fees charged by the operator of POS terminals (e.g. when You are offered dynamic currency conversion at a point of sale). In particular, We will not be liable for any loss due to: (i) any failure due to events outside Our reasonable control; (ii) any system failure or industrial dispute outside Our control; (iii) any retailer refusing to or being unable to accept the Card; (iv) the way in which any refusal to accept the Card is communicated to You; (v) any infringement by You of any currency laws; (vi) Our taking any action required by any government, federal or state law or regulation or court order; or (vii) anything specifically excluded or limited elsewhere in this Agreement.
9.2.) Unless otherwise required by law, we shall not be liable for any direct or indirect loss or damage you may suffer as a result of your total or partial use or inability to use your Card, or the use of your Card by any third party (including any fraudulent or unauthorised Transactions and subsequent unsuccessful chargebacks).
9.3.) You agree to indemnify Us against any and all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We directly or indirectly incur or which are brought against Us if You have acted fraudulently, been negligent or have misused the Card or any of the services which We provide to You.
9.4.) The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement. For all intents and purposes of law, we are appearing hereon also as agents for our affiliates such as the Schemes, and other suppliers, contractors, distributors and any of their respective affiliates (if any), limitedly for the purpose of this clause.
9.5.) You agree that the Mobile Payments features and functionality may be automatically updated or upgraded without notice to you. At any time, we may decide to expand, reduce or suspend the type and/ or amounts of transactions allowed using a Card or change the enrolment process.
10.1.) This agreement shall continue in force until termination of Your Corporate Account Platform agreement with Astat or unless otherwise terminated in accordance with this clause 10 or clauses 11 and 14.3.
10.2.) The Agreement may be terminated at any time by the Contract Holder by sending 30 days' written notice to Customer Services or by Us sending 30 days’ written notice to You.
10.3.) A cancellation fee may be deducted from the available funds on the Card in accordance with the Schedule.
10.4.) During this 30-day notice period, all available funds on the Card must be either spent by or redeemed by You in accordance with clause 10.5.
10.5.) In accordance with clause 3.2.4, any remaining funds left on the Card after its expiry, less fees in accordance with the Schedule, will be unloaded by Astat following termination, in accordance with the procedure set out in the Corporate Account Platform terms and conditions.
10.6.) We may also charge a redemption fee, in accordance with the Schedule, if you request redemption of any funds held on a Card.
11.1.) We reserve the right, at any time and without prior notice, at Our discretion to terminate the Agreement, to block or suspend use of the Card, restrict its functionality and/or to demand the return of the Card if any of the following circumstances arise:
11.2.) In addition to any rights of termination, cancellation, suspension and closing your Card Account as set out in the remainder of these Terms and Conditions, we reserve the right (on giving reasonable notice where possible) to stop offering or supporting any Card or to stop participating in Mobile Payments.
11.3.) We may block, restrict, suspend or terminate your use of any Card through Mobile Payments if you breach these Terms or if we suspect any fraudulent activity or misuse of the card.
11.4.) As per clause 3.3, We shall remove the block on the Card as soon as practicable after We are satisfied, acting reasonably, that the reasons for blocking or suspending it no longer exist. If the circumstances for blocking or suspending the Card continue for 1 month, We may terminate the Agreement instead.
11.5.) The Device provider or Mobile Payments Provider reserves the right to block, restrict, suspend, or terminate your use of the card and/or change the functionality of the Mobile Payments Service without reference to us. In such circumstances we will not be liable to you or any third party.
11.6.) Any termination or expiry of the Agreement, howsoever caused, shall be without prejudice to any obligations or rights of either of the parties which may be accrued prior to termination or expiry and shall not affect any provision of the Agreement which is expressly or by implication intended to come into effect on, or to continue in effect after, such termination or expiry.
11.7.) The Contract Holder will be responsible for ensuring that all Cards Users have been notified of termination of the Agreement.
11.8.) You can remove any of your cards from Mobile Payments at any time, in which event you authorise us to continue to process any Transactions outstanding on such card(s) at the time of your removal of such card from Mobile Payments.
12.1.) In addition to such actions constituting a break of the provisions of this Agreement, any illegal or fraudulent use of the Card by You or the Card User, or with knowledge, may be reported to the Police or any other relevant regulatory authority.
12.2.) You shall be liable to Us for all losses, fees and other expenditure incurred by Us in relation to the recovery, cancellation or reversing of Transactions resulting from the misuse of the Card by You or the Card User or where You break any important provision or repeatedly break any provision of this Agreement and fail to remedy it.
13.1.) TPML is the Data Controller of your Personal Data associated with the application for and use of this Card and will collect certain information about the purchaser and the users of the Card in order to operate the Card program. Your provision of your Personal Data and our processing of that data is necessary for each of us to carry out our obligations under this Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Agreement in accordance with clause 11.1(viii) above.
14.1.) We may, at Our discretion, alter this Agreement at any time.
14.2.) We shall give You 15 (fifteen) days’ prior notice by post or email before We make the change, unless the change is required to be implemented earlier by any applicable law, regulation or rule by Card Scheme, or if it relates to a change in the exchange rate. The version of this Agreement displayed on the Astat App and Corporate Account Platform at any time shall constitute the binding version and shall render any previous one obsolete. You understand that the Astat App and the Corporate Account Platform should regularly be checked.
14.3.) If You do not agree to the change You should terminate the Agreement in accordance with the provisions of this Agreement. If You do not do so We will assume that You agree to the change and it will be implemented upon the expiry of the notice period.
15.1.) Nothing in this Agreement will confer on any third party any benefit under, or the right to enforce, this Agreement.
15.2.) We may assign any of Our rights and obligations under this Agreement to any other person or business, subject to such party continuing the obligations to You herein.
15.3.) We may contact You by letter or email using the contact details You provide on the Corporate Account Platform.
16.1.) The Card program is managed by Astat. Should you wish to contact us or complain about any aspect of our service please contact Customer Services.
16.2.) If having received a response from our Customer Services Team you are unhappy with the outcome you can escalate your complaint to Transact Payments Malta Limited’s Complaints Department at email@example.com.
16.3.) We will make every effort to reach a resolution to your complaint, if we are unable to resolve your issue to your satisfaction we will explain the reasoning behind our decision.
16.4.) In the unlikely event that we are unable to resolve your issue you have the right to refer your complaint to the Arbiter for Financial Services at the following address: Office of the Arbiter for Financial Services, 1st Floor, St Calcedonius Square, Floriana FRN 1530, Malta (Telephone+ 356 21249245, Website: https://financialarbiter.org.mt
17.1.) This Agreement and any disputes, which arise under it, shall be exclusively governed and construed in accordance with the laws of Malta and subject to the exclusive jurisdiction of the Maltese courts.
17.2.) The English language version of this Agreement and of any communications and Astat App content will prevail over any other language version which we may issue from time to time.
18.1.) Your Card is an electronic money product issued by Transact Payments Malta Limited pursuant to its licence from the Card Scheme.
18.2.) Astat administers and services the Card on Our behalf and is available to give You support if You have any queries.
19.1.) The Card is an electronic money product and not a deposit or credit or banking product and, as such is not governed by the Deposit Security Scheme of Malta. However, We will safeguard your funds so that they are protected in accordance with applicable law if we become insolvent.