FromMe2You Gift Card
Cardholder Terms and Conditions – Version 3.0 – 1st January 2021
These Terms and Conditions are part of your Agreement with us for participation in the FromMe2You 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.
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 “FromMe2You gift card” whether an original or a replacement and our general 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 Unit 10, Leopardstown Office Park, Sandyford, Dublin 18, Ireland.
We/we or Us/us or our/ours means The Gift Card Company Limited and/or UAB Payrnet and/or our authorised merchants and/or our business partners or associates as the context permits or requires.
Payrnet means UAB “PAYRNET”, a company incorporated in the Republic of Lithuania (company number: 305264430) with its head office at AltSpace, Islandijos str. 6, LT-01117, Vilnius, the Republic of Lithuania, and its registered office at Girulių str. 20, LT-12123 Vilnius, the Republic of Lithuania. We are the issuer of your Card. PayrNet can be contacted by email – [email protected] PayrNet web address is https://www.railsbank.com/payrnet. We are an Electronic Money Institution authorised by the Bank of Lithuania under the Law on Electronic Money and Electronic Money Institutions (license reference 72, issued on 2020-08-28) for the issuing of electronic money and provision of the related payment services.
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.
3.2. The Card is a prepaid card which is sold by authorised merchants or by us with a value already loaded at the time of purchase.
3.3. 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.
3.4. We may decline to sell a card to you at our absolute discretion without reason given.
3.5. 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.
3.6. 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.
3.7. The card is issued by Payrnet Limited on behalf of The Gift Card Company Limited. Payrnet is authorised and licensed internationally for the conduct of relevant financial business. For details of their authorisations see “Payrnet” in the Definitions section above.
3.8. Interest will not be paid on card balances.
3.9. Keep all information about your card confidential at all times.
3.10. 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.
3.11. 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.
4.6. The Card will deactivate 24 months from the date of purchase and you will be unable to use the card in a Merchant location. If you are still in possession of the card please contact us immediately to allow us issue a replacement card.
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.
6.1. 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 immediately by phoning us at 01-5542000 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
Leopardstown Office Park,
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.
7.2. If you should find the original card which you have requested us to block you should advise us immediately.
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:
up to €2.00 per card
Issuance Fee for cards purchased online including postage and packaging:
up to €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.
€8.00 per card or the available balance of the card if lower.
9. GENERAL TERMS AND CONDITIONS
Terms and conditions including fees attaching to your card may vary. We may add, extend amend or delete the terms and conditions attaching to the use of your card at our discretion from time to time as appropriate. The latest version of our terms and conditions will always be available on our website at www.me2you.ie. You may for a period of up to 4 weeks after the effective date of any change to our terms and conditions that materially impact your business with us 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 and 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.
10.1 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 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 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 placed prior to the date of termination will be deemed to have been cancelled and you shall pay us any fees due.
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 Agreement. The parties irrevocably and unconditionally waive any right that they may have to rescind the Agreement and or claim damages for any misrepresentation whether or not contained in the Agreement or breach of any warranty was made fraudulently. You also acknowledge that all particulars, descriptions, specifications and details set out in catalogues, brochures and similar documents are approximate and only intended for general guidance.
14. ESTABLISHING YOUR IDENTITY
14.1. To comply with the requirements of the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity in our records from time to time. If satisfactory evidence is not promptly provided to us, we cannot accept you as our customer.
14.2. To assist us with meeting our obligations, we may carry out an electronic verification check via third party providers in order to verify your identity. If such searches are carried out, we may keep records of the contents and results of such searches in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check may leave a soft footprint on your credit history.
14.3. We are also obliged to report any reasonable suspicions about instructions received, transactions and activities to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
15. DATA USAGE
15.1. 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. This does not affect any rights and obligations you or we have under data protection legislation.
15.4. You warrant that you have the explicit consent of those whose information you have disclosed and their agreement to its usage as described herein.
15.5. We will not use your personal information for marketing unless you opt-in to receive marketing information allowing us to contact you with about our products and services. You may opt-out at any time by contacting us.
15.6. To comply with applicable know-your-client-rules and anti-money laundering regulations (such as the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania No VIII-275 of 19 June 1997 (as amended), we and/or the Card Distributor and/or each Partner shall be entitled to carry out all necessary verifications of your identity. The above mentioned Partner and the Card Distributor may use a recognised agency for this verification purposes (details of the agency used will be provided to you on request). Such verifications will not affect your credit score but may leave a ‘soft footprint’ on your credit history.
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.
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.
18. 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.
19. 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.
20. LAW AND JURISDICTION
This Agreement shall be governed by Lithuanian law and you can bring legal proceedings in respect of these terms in the Lithuanian courts.
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.
Should you not be satisfied with our final response, or should we fail to respond to you within 15 Business Days from receiving the claim, you shall have a right to apply to the Bank of Lithuania in three different ways: (1) through the electronic dispute settlement facility E-Government Gateway, (2) by completing a consumer application form and sending it to the Supervision Service of the Bank of Lithuania at Žalgirio str. 90, LT-09303 Vilnius, email: [email protected], or (3) by filling out a free-form application and sending it to the Supervision Service of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, email: [email protected] Whichever way you choose to submit the claim, it must be in the official language of the country, i.e. Lithuanian. You may only apply to the Bank of Lithuania within 1 year after you received from us a response that is not satisfactory, or after the 15 Business Days for responding has passed and we did not respond. Addressing us first is a precondition for you applying to the Bank of Lithuania. The decision of the Bank of Lithuania is not mandatory for us or you and you, even after the dispute was solved by the Bank of Lithuania, shall have a right to apply to the court
In case you are generally not satisfied with us or our services, where there is no claim or disagreement between you and us, you may always approach the Bank of Lithuania by addressing a complaint to the Bank of Lithuania at Totorių str. 4, LT-01121 Vilnius, email: [email protected], or to the Supervision Service of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, email: [email protected]
The European Commission’s online dispute resolution (“ODR”) platform can be found at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show. The ODR platform can be used to resolve disputes between us and consumers.
22. 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 01-5542000 or email us [email protected] or logon onto our website www.me2you.ie