Terms & Conditions

OUR TERMS AND CONDITIONS

If you have any questions you can contact Customer Services by:

DEFINITIONS – including the Definitions listed in our General Terms and Conditions.

“Additional Cardholder” means the person nominated by You to use an additional or secondary Card(s) issued to You;

“Agreement” means these Terms and Conditions, (together in accordance with 1.1);

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

“Card” or “Pre-paid MasterCard Card” means our card issued to You.

“Commencement Date” means the date You commence using the Card or activate it.

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

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

“We”, “Us”, or “Our” means Hael Global Limited.

“You” or “Your” refers to the cardholder

1. INFORMATION ON WHO WE ARE AND THIS AGREEMENT

1.1 This Agreement sets out the general Terms and Conditions that apply to our prepaid MasterCard. These Terms and Conditions form an Agreement between You and Us governing the possession and use of the Card. By using the Card or activating it (see Condition 2.3 below) You agree to the Terms and Conditions in the Agreement.

1.2 This Agreement will commence on the Commencement Date and will terminate in accordance with Condition 9. This Agreement and all communications between Us and You shall be in the English language.

2. CARDS

2.1 The Card is a prepaid payment card that may be used to pay for goods and services at participating retailers that accept MasterCard. It is designed for use in shops and retail locations where You are physically present or for use online. Like any payment card, We cannot guarantee that a particular retailer will accept the Card – please check with the retailer before attempting the transaction if You are unsure.

2.2 The Card is a prepaid card, not a credit card. You must ensure that You have sufficient Available Funds on your Account to pay for each purchase, payment or cash withdrawal using the Card. The Card is intended for use as a means of payment, and funds loaded onto the Card do not constitute a deposit. You will not earn interest on the balance of the Card. The Card will expire on the Expiry Date and will cease to work. Please check Condition 7 of this Agreement for further information.

2.3 When You receive Your Card, it will be issued to You in an inactive state. You will need to activate it by logging onto your online account prior to use. The Card will normally be ready for use immediately. If You don’t activate Your Card, any transactions that You attempt to carry out may be declined.

3. FEES AND CHARGES

3.1 The fees and charges associated with this Card form an important part of these Terms and Conditions.

4. HOW TO USE THE CARD

4.1 We will be entitled to assume that a transaction has been authorised by You where either:

4.1.1 The magnetic stripe on the Card was swiped by the retailer or the Card was inserted into a chip & PIN device;

4.1.2 The Card PIN was entered, or a sales slip was signed; or

4.1.3 Relevant information was supplied to the retailer allows them to process the transaction, for example providing the retailer with the 3-digit security code on the back of Your Card in the case of an internet or other non-face-to-face transaction.

4.2 Normally, We will receive notification of Your authorisation by way of an electronic message in line with the rules and procedures of the payment scheme MasterCard network. Once You have authorised a transaction, the transaction cannot be stopped or revoked. However, You may in certain circumstances be entitled to a refund in accordance with Conditions 12 and 13.

4.3 On receipt of notification of Your authorisation, normally We will deduct the value of the transaction, plus any applicable fees and charges, from the Available Funds on the Card. The retailer or service provider that has accepted Your Card for payment will normally receive the payment within 3 Business Days.

4.4 Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Card the transaction will be declined. In certain circumstances, a transaction may take Your Card into a negative balance – this will normally be where the merchant has failed to seek authorisation for the transaction. In these cases, We will attempt to recover some or all of the money from the merchant if We can, providing that We are satisfied that You have not deliberately used the Card in a manner that would result in a negative balance. We will deal with such instances on a case by case basis, but where there is a negative balance on Your Card, We may require You to make up the shortfall and, until there are Available Funds on Your Card, We may restrict or suspend the use of Your Card.

4.5 The Card may be used for full or part payment of purchases. In the case of part payment, the cardholder will be required to pay the outstanding amount of the purchase by an alternative means, for example, in cash, by debit card or credit card.

4.6 If You use Your Card for a transaction in a currency other than the currency that the Card is denominated in or capable of settling in, the transaction will be converted to the currency that the Card is denominated in by using the MasterCard scheme network rate at a currency conversion rate set by MasterCard International Incorporated:

4.7 We will be able to support transactions 24 hours per day, 365 days per year. However, We cannot guarantee this will be the case, and in certain circumstances – for example, a serious technical problem – We may be unable to receive or complete transactions.

5. RESTRICTIONS ON USE OF THE CARD

5.1 You must ensure that You have sufficient Available Funds on Your Account to pay for each purchase, payment or cash withdrawal using the Card.

5.2 The Card is linked to a dedicated Account but is not a cheque guarantee card, charge card or credit card, nor may it be used as evidence of identity.

5.3 The Card may not be used for pre-authorised regular payments, for gambling, or for any illegal purposes.

5.4 We may restrict or suspend use of Your Card without notice if We identify or suspect that suspicious, fraudulent or illegal activities are being carried out in relation to the Card, if We believe You have not complied with these Terms and Conditions, or in the event of exceptional circumstances which prohibit the normal operation of the Card.

5.5 Unless it would be unlawful for Us to do so or it is impracticable for Us to do so, where We stop or suspend the use of Your Card in accordance with Condition 5.4, We will notify You of this and Our reasons for doing so, by sending an email to the email address You provided Us with when You obtained the Card. Where it is not possible to notify You before We stop or suspend the Card, We will notify You as soon as possible after We have stopped or suspended the Card.

5.6 The Card may only be loaded via channels that We approve. The type and nature of these load channels will depend on the commercial relationship We have with Our partners.

6. MANAGING YOUR CARD

6.1 We will provide you with real-time online statements setting out: a reference enabling You to identify each transaction; the amount of each transaction; the currency in which Your Card is debited; the amount of any transaction charges including their break down, where applicable; the exchange rate used in the transaction by Us and the amount of the transaction after the currency conversion, where applicable; and the transaction debit value date. If there are no transactions on the Card for more than a month then there will be no entries on your statement.

6.2 You will need access to the internet or mobile data to manage the Card. You may check the balance and Available Funds on Your Card or view a statement of recent transactions, which will be updated in real-time, by visiting

7. EXPIRY OF THE CARD

7.1 Your Card will expire on the Expiry Date. On that date, subject to Condition 8.2 below, this Agreement will terminate in accordance with Condition 10, the Card will cease to function, and You will not be entitled to use the Card.

7.2 In some cases, We may issue a new Card to You shortly before the Expiry Date, however, We are not obligated to do so, and may elect not to issue a replacement Card at our sole discretion. If we do issue a new Card, a new expiry Date will apply, and the new Card will expire on that Expiry Date.

7.3 Any arrangements for the issue of a replacement Card in accordance with Condition 8.2 above, will be described on Our Website. The “cooling off” period described in Condition 9 will not apply to any replacement Card issued by Us.

8. COOLING OFF AND REDEMPTION PROCEDURE

8.1 You are entitled to a 14-day “cooling off’ period from the Commencement Date during which You may cancel Your Card. Should You wish to cancel Your Card and this Agreement during the “cooling off” period, please return the Card to Us unsigned and unused within 14 days of issue and a full refund of any fees paid to date will be made to You. If You have used the Card, You will not be entitled to a refund of any funds that have been spent, including any associated fees, but We will refund Your issuing fee (where applicable) and any unspent Available Funds free of charge.

8.2 Following the end of the “cooling off” period in Condition 8.1 above, You may terminate this Agreement and redeem some or all of the Available Funds on the Account by contacting Our Customer Services team in accordance with Condition 14. We will normally make an electronic transfer to a bank account that You nominate for the amount of the remaining Available Funds on the Account. We will not complete Your redemption request if We believe You have provided false information, We are concerned about the security of a transaction or if Your Account is not in good standing.

8.3 If You request redemption of the entire remaining balance in accordance with Condition 8.2, We will assume that it is Your intention to terminate this Agreement and will cancel Your Account and Card.

9. TERMINATION OF THIS AGREEMENT

9.1 Subject to clauses 9.2 and 9.3, this Agreement will terminate on the Expiry Date subject to:

9.1.1 A replacement Card being issued to You on or before the Expiry Date of Your Card in accordance with clause 7.2; or

9.1.2 A request for cancellation by You and/or redemption by You of the entire remaining balance on Your Account in accordance with clause 8.2 above.

9.2 We may terminate this Agreement and inform You of the termination immediately unless prohibited by law:

9.2.1 If You breach an important part of this Agreement, or repeatedly breach the Agreement and fail to resolve the matter within [10] days, or use Your Card or any of its facilities in a manner that We believe is fraudulent or unlawful;

9.2.2 If You act in a manner that is threatening or abusive to Our staff, or any of Our representatives, or

9.2.3 If You fail to pay fees or charges that You have incurred or fail to put right any shortfall on the balance of Your Card. We may terminate the Agreement for no or any reason, including the reasons above, by giving you two months’ notice.

9.3 You may terminate the Agreement at any time free of charge by contacting Us using the contact details in clause 14.1.

10. KEEPING YOUR CARD AND DETAILS SAFE

10.1 We will assume that all transactions entered into by You with Your Card or Card details is made by You unless You notify Us in accordance with Condition 11.1.

10.2 You are responsible for keeping Your Card and its details safe. This means You must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a transaction. You should be happy that the retailer or service provider is genuine and has taken adequate steps to safeguard Your information before proceeding with the transaction and supplying them with the physical Card or details.

10.3 You must keep Your PIN safe at all times.

11. LOST, STOLEN OR DAMAGED CARDS

11.1 If You lose Your Card or it is stolen or damaged please notify Us immediately by telephoning Our Customer Services team in accordance with Condition 14 of this Agreement. You will be asked to provide Your Card number and other information to verify that You are the authorised cardholder. Following satisfactory completion of the verification process, We will then immediately block any lost or stolen Card to prevent unauthorised use and cancel any damaged Card to prevent further use.

11.2 After You have notified Us of the loss, theft or risk of misuse, and providing that We are able to identify Your Card and satisfy certain security checks, We will issue a replacement Card and/or PIN to You.

12. COMMUNICATION BETWEEN US AND YOU

12.1. You confirm that you accept that all the communication, including the personal communication between us and you, shall be executed in English.

12.2. The information shall be provided to you:

12.2.1. the information may be provided personally through your Account, sent by post, e-mail, telephone and other telecommunication instruments, including electronic means;

12.2.2. the information may be published on our website, as well as we may provide the information by the press or other media forms.

12.3. You acknowledge that any communication between us and you shall take place primarily through the Account, in writing and e-mail. Disclosure of any information by us through the Account and via e-mail means that the relevant information is duly delivered to you and is effective.

12.4. You acknowledge that the communication through the Account may be done only if you enter into your personal Account its login credentials or other requested personalised security credentials provided by us due to the purpose of your as customer authentication.

12.5. E-mail communication is possible to addresses that are given on our website and the e-mail addresses given by you during the registration session to our System. An E-mail message is considered to be duly delivered on the following Business Day.

12.6. In case of communication by telephone, you shall be verified on the basis of your data. The message given to you through the telephone is considered to be duly delivered at the moment of the conversation with you.

12.7. You agree that we may record, even without prior notice, any ongoing communication between us and you using any available technical means, and will archive all the records, as well as the copies of any information and documents that we will receive from you and third parties.

12.8. You are entitled to get the information about these General Terms and Conditions as well as these General Terms and Conditions as itself in paper version or any other durable medium, in which we are able to provide such information.

12.9. In order to protect your funds from the possible unlawful acts of third parties, you shall immediately notify us in writing of identity document theft or loss in another way.

13. TRANSACTION DISPUTES

13.1 If You believe You did not authorise a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as soon as You notice the problem. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorised transaction, refund any unauthorised transaction and any associated transaction fees and charges payable under this Agreement

14. CUSTOMER SERVICES

14.1 Our Customer Services team are normally available from 9 am to 5 pm Monday to Friday. During these hours We will endeavour to resolve all enquiries immediately, however, please note that certain types of enquiry can only be resolved during normal business opening hours.

15. LIMITATION OF LIABILITY

15.1 None of the organisations described in clause 1.2 and 1.3 will be liable for:

15.1.1 any fault or failure relating to the use of the Card that is a result of abnormal and unforeseeable circumstances beyond Our control which would have been unavoidable despite all Our efforts to the contrary, including but not limited to, a fault in or failure of data processing systems;

15.1.2 the goods or services that You purchase with Your Card;

15.1.3 any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; or

15.1.4 a merchant refusing to honour a transaction or refusing a payment; or

15.2 In addition to the circumstances in clause 15.1, Our liability shall be limited as follows:

15.2.1 where Your Card is faulty due to Our fault, Our liability shall be limited to the replacement of the Card or, at Our choice, repayment to You of the Available Funds on Your Card; or

15.2.2 where sums are incorrectly deducted from Your Card due to Our fault, Our liability shall be limited to payment to You of an equivalent amount.

15.3 In all other circumstances of Our default, Our liability will be limited to repayment of the amount of any Available Funds on the Card.

15.4 Nothing in this Agreement shall exclude or limit any regulatory responsibilities We have which We are not permitted to exclude or limit, or Our liability for death or personal injury.

15.5 If You have used Your Card or allowed Your Card to be used fraudulently, in a manner that does not comply with these Terms and Conditions, for illegal purposes, or if You have allowed Your Card or details to be compromised due to negligence You will be held responsible for the use and misuse of the Card. We will take all reasonable and necessary steps to recover any loss from You, and there shall be no maximum limit to Your liability except where relevant laws or regulations impose such a limit. This means You should take care of Your Card and details and act responsibly, or You will be held liable.

15.6 As a responsible e-money issuer We take the security of Your money very seriously. Your funds are held in a secure Designated Segregated Client Account, specifically for the purpose of redeeming transactions made via Your Card. In the unlikely event of any insolvency, funds that have reached Our account will be protected against claims by creditors. We will be happy to talk through any questions or concerns You might have. Please contact Our Customer Services team for further information.

16. YOUR PERSONAL INFORMATION

16.1 We collect certain information about the purchaser and the users of the Card in order to operate the Card programme.

16.2 Unless You have provided Your explicit permission, Your personal data will not be used for marketing purposes by Us or Our commercial partners (unless You have independently provided Your consent to them directly), nor will it be shared with third parties unconnected with the Card scheme.

16.3 You have the right to request details of the personal information that is held about You, and You may receive this by writing to Us. Where legally permitted, We may charge for this service.

17. CHANGES TO THESE TERMS AND CONDITIONS

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

17.2 We will also notify you of any change to the Agreement by email at least 2 months in advance. You will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Card. If you do not accept the change, you may end this Agreement immediately and free of charge before the expiry of the notice.

17.3 There may be times when we will have to change this Agreement without notice or with notice shorter than 2 months but this would happen in a very limited number of cases and only for legal, regulatory or security reasons, or to enable the proper delivery of the Card scheme. If this is the case, we will notify you of such changes with as much notice as possible, or as soon as possible after the change has taken effect if advance notice is not possible. Your right under clause 9.3 to terminate the Agreement at any time free of charge would not be affected.

18. ASSIGNMENT

18.1 We may assign the benefit and burden of this Agreement to another company at any time by giving You 2 months’ notice of this. If We do this, Your rights will not be affected.

19. DISPUTE RESOLUTION

19.1. These General Terms and Conditions are drawn up in accordance with the law of the United Kingdom.

19.2. The disputes between you and us shall be solved through negotiations.

19.3. In case if the dispute cannot be solved through negotiations, you can submit a complaint by post or e-mail, specifying your name, contact details, relevant information, which would indicate why you reasonably believe that we violated your legal rights and interests while providing our Services. You can add other available evidence that justifies the need for such a complaint. If you would like to submit a formal complaint, you shall send the email to hello@hael.ai

19.4. Upon receipt of a complaint from you, we confirm receipt of the complaint and indicate the time limit within which the reply will be submitted. In each case, the deadline for submitting a reply may vary as it directly depends on the extent and complexity of the complaint filed, but we will make the maximum effort to provide the response to you within the shortest possible time, but no later than 14 (fourteen) calendar days.

19.5. In case if the dispute cannot be settled through negotiations, disputes shall be solved using courts in the United Kingdom.

20. APPLICABLE LAW

These General Terms and Conditions shall be governed by and interpreted in accordance with English law. Any dispute under these General Terms and Conditions shall be brought exclusively in the courts of the United Kingdom except where compulsory EU law (or the laws of an EU member state) gives you the right to bring a dispute in another jurisdiction.