Dernière mise à jour le : 23 août 2022

STUDELY CARD TERMS AND CONDITIONS

GENERAL TERMS

• 1. This Agreement shall apply to the Program, which consists of the Account and Card issued to You by the Issuer and operated by Program Manager (together “We”, “Us”, or “Our”), and governs the use of the personal, non-transferable card scheme branded debit card (the “Card”) .Please read the terms and conditions of this Agreement carefully before applying for Your Account and Card with the Program. This Agreement and its terms and conditions, as may be amended from time to time on notice by Us, becomes effective and binding on Your successful application and activation or use of Your Account and/or Your Card and for the entire period of validity of Your Account and Card.
  2. The terms and conditions, excluding Section 7.3, will terminate on the expiry date printed on the Card (“Expiry Date”) unless the Card is auto-renewed, in which case you will be issued with a new Card before the existing one expires. In this instance these Terms will remain valid until the existing Card expires or is otherwise as set out in these Terms.

PROGRAM AND PROGRAM MANAGER INFORMATION

• 1. The Program Manager is STUDELY SAS, a company incorporated under the laws of France bearing the registration no. 820541449.
  2. The Studely Card is issued by Harmoniie SAS. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. Harmoniie SAS is authorised by the French supervisory authority Autorité de Contrôle Prudentiel et de Résolution (ACPR) (license N°17478) for the issuing of electronic money and payment instruments.

DEFINITIONS

In these terms and conditions the following words and expressions have the following meanings:

• “Account” means the electronic money account associated with the Card;
• “Agreement” means this Agreement of open-ended duration between you and us incorporating these terms and conditions, as amended from time to time;
• “Authorised” and “Authorisation” mean the act of authorising a payment transfer by using the Card together with (i) the PIN code; or (ii) the CVC code and Expiry Date; or (iii) the use of contactless technology; or (iv) the signature of the Cardholder
• “Available Balance” means the value of unspent funds in the Account which are available for a Cardholder to spend;
• “Business Day” means a day other than a Saturday or Sunday on which banks are open for business in London;
• “Card” means a Card, which is a Mastercard debit card, provided by us to a Cardholder whereby the Cardholder can spend Available Balance;
• “Cardholder” means the person who has been issued the Primary Card and who is responsible for the use of all other Additional Cards in accordance with this Agreement.
• **“Electronic Money Institution (EMI)”**means the digital alternative of banks, operating through an online platform and licensed to manage transactions and issue debit cards. EMI clients can use either the platform or their issued debit card to carry out payment transactions.
• “Expiry Date” means the expiry date of the Card, which will usually be printed on the Card.
• “Fee” means any fee assessed against a Card, as referenced in the Fees Schedule;
• “Issuer” means Harmoniie SAS as affiliate membership of Mastercard.
• “KYC” means ‘know your customer’ which means the requirements for knowledge of and information on customers of regulated entities in order to comply with anti-money laundering and counter-terrorist financing law;
• “Studely” Means the web and mobile application relating to the Account and the Card.
• “PIN” means the personal identification number associated with a Card which can be used as one method of Authorising Transactions;
• “Shortfall” means when the balance of Available Balance is negative for whatever reason, including when a Transaction has been Authorised when there was not a sufficient Available Balance;
• **“3DS”**means a security protocol that helps to prevent fraud for online credit card and debit card transactions
• “Transaction” means: (i) paying a Merchant for goods and/or services through Authorising the Card; and (ii) obtaining cash from an ATM or bank by Authorising the Card;
• “Virtual Card” means where applicable a non-physical Card.
• “You or Your” means the person who has entered into this Agreement with us by virtue of Your use of the Card and or Account and any other person You have authorized to use any Cards in accordance with this Agreement.

ISSUANCE AND ACTICATION OF THE CARD

• 1. You may be issued with:
     1. a “physical” Card, which will have the details of the PAN, the Expiry Date of the Card and the CVC code printed on it (the “Physical Card”);
     2. a “virtual” Card, in which case you will not receive a Physical Card but will receive details of the PAN, the Expiry Date and the CVC2 code (the “Virtual Card”).
  2. In order to start using the Card, you may be required to activate it in accordance with instructions given to you through Studely. You must keep your Physical Card and the details of the Virtual Card (as applicable) in a safe place and protect it against unauthorised access or use by third parties.
  3. If you are issued with a Physical Card:
     1. you must sign the Physical Card as soon as you receive it;
     2. you may also receive a secret personal identification number (“PIN”) separately via Studely.
  4. You should memorise your PIN when you receive it. If you need to keep the written version of the PIN or separately write the PIN down for future reference, you must never keep it with the Card. You must never disclose your PIN to any other person, not even us. If you have not protected your PIN and your Card is used without your knowledge using the correct PIN, this may be classed as negligence for the purposes of Section 8.
  5. You can manage the Card on your secure area of Studely.
  6. The Card shall remain valid until the Expiry Date. If you require a replacement Card, please contact us by using the contact details set out in section 2.7. Please note that an additional fee may be charged for a replacement Card - please see the fees section for more information.
  7. The Card is an e-money product and as such it is not covered by the Financial Services Compensation Scheme. You may only use the Card for lawful Transactions.

TRANSACTIONS

• 1. Should the relevant card scheme and/or programme allow, you may use your Card to enter into the following transactions (hereinafter referred to as “Transactions”):
     1. purchasing goods and/or services from merchants affiliated with the card scheme on your Card;
     2. receiving cash back from merchants (merchant dependent);
     3. making cash withdrawals from automatic teller machines (“ATMs”).
  2. You can authorise a Transaction by:
     1. allowing a merchant to swipe the magnetic strip of the Card and the corresponding sales slip being signed;
     2. inserting the Card into a chip & PIN device and the correct PIN being entered;
     3. providing relevant information to the merchant that allows the merchant to process the Transaction, for example, providing the merchant with the PAN, the Expiry Date and the CVC2 in the case of an internet or other non-face-to-face Transaction;
     4. relevant information being provided to the payment initiation service provider that allows the payment initiation service provider to process the Transaction;
     5. the Card is tapped against a “contactless” enabled reader and accepted by such reader.
  3. If any of the methods of authorisation set out in section 5.2 are used, we shall be entitled to assume that you have authorised a Transaction unless we were informed that the relevant details of the Card have been lost, stolen or misappropriated prior to the Transaction taking place where you may raise a chargeback to defend your fund and get your money back once it is proved on your benefit after investigation.
  4. You acknowledge the correctness of the amount of each Transaction which you authorise.
  5. Once you have authorised a Transaction, the Transaction cannot be stopped or revoked. You may in certain circumstances be entitled to a refund in accordance with these Terms.
  6. On receipt of notification of your authorisation of a Transaction and the Transaction payment order from the merchant and/or authorised bank, normally we will deduct the value of the Transaction, plus any applicable fees and charges, from the available funds in the Account.
  7. The maximum amount you may withdraw in cash shall be subject to a monthly limit, irrespective of the available funds in the Account. We may charge a fee for withdrawal of cash. Some ATMs may charge an additional fee, which is not included in the Table, however, will apply on top of the fees set out in the Table.

NON-EXECUTION OF A TRANSACTION

• 1. In certain circumstances we may refuse to execute a Transaction that you have authorised. These circumstances include:
     1. if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorised manner;
     2. if there are insufficient funds available to cover the Transaction and all associated fees at the time that we receive notification of the Transaction or if there is an outstanding shortfall on the balance of the Account;
     3. if we have reasonable grounds to believe you are acting in breach of these Terms;
     4. if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing Transactions;
     5. if we are required to do so by law.
  2. Unless it would be unlawful for us to do so, where we refuse to complete a Transaction, we will notify you as soon as reasonably practicable that it has been refused and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal. Where the refusal is reasonably justified, we may charge you fee when we notify you that your payment request has been refused.
  3. You may also claim a refund for a Transaction that you authorised provided that your authorisation did not specify the exact amount when you consented to the Transaction, and the amount of the Transaction exceeded the amount that you could reasonably have expected it to be taking into account your previous spending pattern on the Card, these Terms and the relevant circumstances.
  4. Such a refund must be requested from us within 8 weeks of the amount being deducted from the Card. We may require you to provide us with evidence to substantiate your claim. Any refund or justification for refusing a refund will be provided within 10 business days of receiving your refund request or, where applicable, within 10 business days of receiving any further evidence requested by us. Any refund shall be equal to the amount of the Transaction. Any such refund will not be subject to any fee.

ACCESS TO INFORMATION ON TRANSACTIONS AND AVAILABLE FUNDS IN THE ACCOUNT

• 1. We has set up a secure area on Studely where you can view the available balance in your Account and view the details of any Transactions you have entered into. You can gain access to this by following the instructions on Studely. You must keep the credentials to obtain access to the secure areas safe and not disclose them to anyone.
  2. We can, upon request, send you monthly information (“e-statement”) by email setting out:
     1. a reference enabling you to identify each Transaction;
     2. the amount of each Transaction;
     3. the currency in which the Card is debited;
     4. the amount of any Transaction charges including their break down, where applicable;
     5. the exchange rate used in the Transaction by us and the amount of the Transaction after the currency conversion, where applicable;
     6. the Transaction debit value date.
  3. If for any reason you have some available funds left in your Account following the termination of these Terms, you may redeem them in full up to 6 years following the termination.

LOSS OF THE CARD/TRANSACTIONS REFUNDS

• 1. As soon as you become aware of any loss, theft, misappropriation or unauthorised use of the Card, PIN or other security details, you must immediately notify us using the contact details on our website or the App.
  2. In the event of theft, you should consider reporting the theft to the police.
  3. If we 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 us as soon as you notice the problem using the contact details, and in any case no later than 13 months after the amount of the Transaction has been deducted from your Account.
  4. We will refund any unauthorised Transaction and any associated Transaction fees and charges payable under these Terms.
  5. This refund shall be made 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, unless we have reasonable grounds to suspect fraudulent behaviour and notify the appropriate authorities. If we become aware of the unauthorised Transaction on a non-business day or after 4:30 pm on a business day, we will be deemed to have only become aware of the unauthorised Transaction at the beginning of the next business day.
  6. If we are liable for an incorrectly executed Transaction, we will immediately refund you the amount of the incorrectly executed Transaction together with any associated Transaction fees and charges payable under these Terms. Depending on the circumstances, we may require you to complete a dispute declaration form relating to the incorrectly executed Transaction. We may conduct an investigation either before or after any refund has been determined or made. We will let you know as soon as possible the outcome of any such investigation.
  7. If a Transaction initiated by a merchant (for example, this happens when you use the Card in a shop) has been incorrectly executed and we receive proof from the merchant’s payment service provider that we are liable for the incorrectly executed Transaction, we will refund as appropriate and immediately the Transaction and any associated Transaction fees and charges payable under these Terms.
  8. We are not liable for any incorrectly executed Transactions if we can show that the payment was actually received by the merchant’s payment service provider, in which case they will be liable.
  9. If you receive a late payment from another payment service provider (e.g. a refund from a retailer’s bank) via us, we will credit the Account with the relevant amount of any associated fees and charges so that you will not be at a loss.
  10. We will limit your liability to £35/€35 for any losses incurred in respect of unauthorised Transactions subject to the following:
      1. you will be liable for all losses incurred in respect of an unauthorised Transaction if you have acted fraudulently, or have intentionally or with gross negligence failed to:

1. look after and use the Card in accordance with these Terms;
2. notify us of the problem in accordance with this section 8;
   • 1. except where you have acted fraudulently, you will not be liable for any losses:
3. incurred in respect of an unauthorised Transaction which arises after your notification to us of the loss, theft or misappropriation of the Card;
4. arising where you have used the Card in a distance contract, for example, for an online purchase;
5. arising where the loss, theft or misappropriation of the Card was not detectable by you before the unauthorised Transaction took place;
6. where we have failed to provide you with the appropriate means of notification;
7. arising where we are required by law (anticipated to apply from 14 September 2019) to apply Strong Customer Authentication (as defined in section 8.11) but fail to do so;
8. the losses were caused by an act or omission of any employee, agent or branch of ours or any entity which carries out activities on our behalf.
   1. You may be required to verify your purchase and approve the authentication from Verification on Studely for those challenged online transactions, which is called 3D Secure Authentication, also known as a payer authentication, a security protocol that helps to prevent fraud for online credit card and debit card transactions. The online transaction is assessed for risk by our 3D Secure service provider. If the transaction is determined as high-risk, the transaction goes through a challenge or is declined; if the transaction is deemed as low risk, no further action is required on the cardholder’s end. Once authenticated, the transaction is then submitted for final authorization and approval. In Europe, PSD2 mandates the principles of strong customer authentication, and 3DS provides a mechanism for SCA to be performed during an eCommerce payment journey.
   2. “Strong Customer Authentication(SCA)” means authentication based on the use of two or more elements that are independent, in that the breach of one element does not compromise the reliability of any other element, and designed in such a way as to protect the confidentiality of the authentication data, with the elements falling into two or more of the following categories: (a) something known only by you (“knowledge”), (b) something held only by you (“possession”); © something inherent to you (“inherence”). Strong Customer Authentication it is used to make Transactions more secure.
   3. We are required to provide Strong Customer Authentication when:
      1. you view the available balance on your Account either through Studely and/or through an account information service provider (“AISP”);
      2. when you initiate an electronic Transaction, directly [or when you initiate a remote electronic Transaction through a payment initiation service provider (“PISP”)];
      3. when you carry out any action through a remote channel which may imply a risk of payment fraud or other abuses.
   4. If our investigations show that any disputed Transaction was authorised by you or you may have acted fraudulently or with gross negligence, we may reverse any refund made and you will be liable for all losses we suffer in connection with the Transaction including but not limited to the cost of any investigation carried out by us in relation to the Transaction. We will give you reasonable notice of any reverse refund.

BLOCKING OF THE CARD

We may block the Card, in which case you will not be able to execute any further Transactions, if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorised manner. We will notify you of any such blocking in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful. We will unblock the Card and, where appropriate, issue a new Card, PIN and other security features free of charge as soon as practicable once the reasons for the suspension cease to exist.

DATA PROTECTION

• 1. The Program is a data controller of personal data provided in connection with the Program, Your Account, and Card. Information on how the Program uses and protects Your personal data is available in the Program Privacy Policy on the Website. The Issuer is a joint controller of personal data provided in connection with the Program.
  2. Information on how Your personal data is used by the Program is outlined in this section.
  3. The Program may use third parties to process personal data on Our behalf. Such third parties may include creditors or potential transferees of rights and obligations under this Agreement.
  4. The Program will process and retain personal data in order to open and administer Your Account and Card, to deal with any enquiries You have about Your Account and Card and comply with regulatory obligations. The types of personal data processed are likely to include, but are not limited to, name, address, date of birth, contact details, financial information, employment details, and device identifiers.
  5. If the Program suspects that it has been given false or inaccurate information, it may record that suspicion together with any other relevant information. Decisions may be made by automated means.
  6. If illegality is identified, the Program may pass details to the Issuer and the Authorities and Regulators. The Issuer and Law Authorities and Regulators may request, access, and use this information in order to detect, investigate, and prevent crime. Contact Customer Service if You want to receive details of relevant Law Authorities and Regulators and/or contact the Program’s Data Protection Officer.
  7. The Program and other organizations may also access and use this information to prevent fraud and money laundering. When the Program, Issuer, or Law Authorities and Regulators process Your personal data, such processing shall be done on the basis of a legitimate interest in preventing fraud, money laundering, and verify identity. These processes are carried out in order to protect the Program, the Issuer, and other customers, and to comply with regulatory requirements.
  8. Personal data may also be transferred confidentially to other organizations within the Issuer’s group of companies and to relevant third parties so that the Program can manage Your Card.
  9. The Program and We reserve the right to process data in countries outside the European Union, however the Program and We will ensure adequate protection for personal data transferred to countries outside the European Union as required by data protection legislation.
  10. To facilitate the processing of payments, the Program and We may share Card Usage information with specified third parties strictly in accordance with any nationally published Code of Conduct or similar relating to the receipt and dispersal of government benefits.

FEES, LIMITS AND FOREIGN EXCHANGE

• 1. Transactions are subject to limits and compliance with the Fees. You can also view the limits applicable to Your Card in Your Account. Fees will be deducted from Your Account balance automatically as and where applicable.
  2. It is your responsibility to ensure that there are available funds in your Account to cover any spend, allowing for any foreign exchange fees and other applicable fees under these Terms. Should the Account at any time and for any reason have a negative balance, you shall repay the excess amount immediately and in full.
  3. We have the right to review and change the spending/withdrawal limits on the Card at any time. You will be notified of any such changes via Studely.
  4. If You make a transaction that requires one or more currency conversions, you will be charged foreign exchange fees. For the avoidance of doubt, foreign exchange rates will fluctuate from time to time and shall be determined and applied by the Program Manager, the Issuer, the Scheme, and such other parties involved in the processing of your transaction (collectively, the “Transaction Processing Parties”). This would mean that authorised, settlement and refund amounts if any, may differ based on the prevailing foreign exchange rates. To illustrate, the authorized amount as reflected in Your Account may differ from the amount which You are required to pay for the purposes of settling such transaction. Similarly, a refund amount (as raised by You per a refund request) may differ from Your authorized amount and settlement amount. In this regard, please note that You are solely responsible for any differential resulting from a foreign exchange fluctuation. Accordingly, You agree that you will not hold any of the Transaction Processing Parties, liable for any losses suffered by You due to the aforementioned.

COMPLIANTS

• 1. If you would like to make a complaint relating to these Terms, please contact us using the contact details either on our website or the App. We will promptly send you a complaint acknowledgement and a copy of our complaints procedure.
  2. Please note that you may request a copy of our complaints procedure at any time. You agree to cooperate with us and provide the necessary information for us to investigate and resolve the complaint as quickly as possible.
  3. If, having received a response from Customer Service, You remain unhappy with the outcome, You may escalate Your complaint to the Issuer.

LIABILITY

• 1. In the event of an issue which the Program or We are not reasonably able to control, including but not limited to, defects relating to the Card or Account which stop or delay the Program from meeting an obligation under this Agreement, the Program and We will not be responsible for any loss which You may suffer.
  2. If You are affected by an issue for which Program is at fault or was in the reasonable control of the Program to prevent, the Program will only be responsible for the financial loss actually debited from Your Account and not for any other loss whatsoever (for example, loss of reputation and indirect and consequential losses). Where the Card becomes faulty due to Program default, the liability shall be limited to replacement of the Card.
  3. You will be responsible for:

1. Any unauthorized activity if You act fraudulently or with gross negligence; and
2. any loss or fraud that results directly from Your failure to advise Us promptly of any changes to Your name, address, or contact details.
   1. In the event that You do not use Your Card in accordance with these Terms and Conditions or the Program discovers that You are using the Card fraudulently, the Program reserves the right to charge You for any reasonable costs that are incurred in taking action to stop You using the Card and to recover any assets owed as a result of Your activities.
   2. The Program accepts no responsibility or liability for the goods or services that You purchase with Your Card or for any product or service discounts arising from purchases with Your Card.
   3. The Program accepts no responsibility or liability for a merchant refusing to accept Your Card or failing to cancel an authorization.
   4. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from Our negligence or fraud.
   5. To the extent permitted by law, all conditions or warranties implied by law, statute, or otherwise are expressly excluded.
   6. The above exclusions and limitations set out in this paragraph shall apply to any liability of Our affiliates such as the Scheme, other suppliers, contractors, distributors, and any of their respective affiliates (if any) to You which may arise in connection with this Agreement.
   7. For all other matters not expressly covered in this Clause and to the extent permitted by applicable law, the Program and Our total aggregate liability shall be limited to the total amount of assets that You have deposited into Your Account over the 12-month period prior to the claim.

CANCELLATION OR EXPIRY OF YOUR CARD OR ACCOUNT

• 1. You have the right to withdraw from this Agreement and cancel Your Account or Card:

1. Within 14 days of the date of Your first Account or Card transaction without cause and without penalty. The Program will refund all delivery charges if You cancel within this period.
2. At any time after the initial 14 day cooling off period. In this case, Your Account and Card will be cancelled 10 days after the Program receives the withdrawal notice.
   1. Once the Program has received all necessary information from You (including KYC) and all Transactions and applicable fees and charges have been processed and deducted, the Program will refund any funds remaining in Your Account to Your account provided that:
3. You have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
4. the Program and We are not required to withhold Your Available Balance by law or regulation, or at the request of the police, a court, or any regulatory authority.
   1. The Program has the right to terminate this agreement and cancel Your Account and Card without cause by giving You 60 days’ written notice.
   2. Once Your Card and Account have been cancelled, it will be Your responsibility to destroy Your Card.
   3. The Card will automatically be cancelled if:
5. Your Account is closed for any reason; or
6. the Issuer ceases issuing Cards or E-money for the Program. In this case, the Program will contact You to advise if another Card or E-money will be issued to You by another issuer or by the Program directly (where applicable).
   1. The Program may at any time, and without notice, suspend, restrict, block, or cancel Your Account and Card, or refuse to issue or replace a Card, a PIN, and/or Account related Security Details, for reasons relating to the following:
7. Any of the information that You provided to the Program when You applied for the Account and/or Card was materially incorrect or false.
8. To comply with any applicable regulations or legislation.
9. You become deceased.
10. You have not complied with the terms and conditions in this Agreement.
11. The Program or We have reason to believe that You have used, or intend to use, Your Card in a grossly negligent manner or for a fraudulent or otherwise unlawful purpose.
12. The Program or We are required to do so for legal reasons.
13. You use racist, threatening, or abusive behavior towards the Program’s or Our staff, or harass the Program’s or Our staff (including via social media).

If the Program takes any of the steps outlined in this Clause, You will be notified as soon as possible or as permitted after the Program has taken these steps. The Program may request that You to stop using Your Card and return it to the Program or destroy it. The Program will issue You with a replacement Card if after further investigations, it is believed that the relevant circumstances (as outlined in this Clause) no longer apply.

• 1. If, following cancellation of the Card and reimbursement of Your Available Balance, any further Transactions are found to have been made or charges or Fees are incurred using the Account or Card, or we receive a reversal of any prior funding Transaction, we will notify You of the amount and You must immediately repay to us such amount on request. We reserve the right to take all necessary steps, including legal action, to recover this deficit.
  2. The Program shall have the absolute right to set-off, transfer, or apply sums held in Your Account or Cards in or towards satisfaction of all or any liabilities and fees owed that have not been paid or satisfied when due. If those are not sufficient to cover said liabilities and fees, Program may request us to debit your assets held in Your Account and You hereby authorize us to comply with such request…

THE LAW THAT APPLIES & ASSIGNMENT

• 1. This Agreement is governed by French and European law. Any delay or failure to exercise any right or remedy under this Agreement by the Programme shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
  2. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
  3. If any part of this Agreement is inconsistent with any regulatory requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.