Terms & Conditions
PREPAID SODEXO GIFT CARD CONSUMER TERMS AND CONDITIONS
This Agreement applies to Your Card and to the electronic money issued to You by Us. You must read it carefully. By applying for, accepting, signing, or using the Card, and in consideration for the right of all Cardholders to use the Card, all Cardholders are agreeing to the terms set out in this Agreement. Your rights and obligations in relation to Your Card are as set out in this Agreement.You can view or download a copy of this Agreement at any time via the Website.
“Account” means the account to which Your Card is linked.
“Activation” means the process whereby the Card is activated on the Website once the Card is received by the Cardholder.
“Agreement” means these Card terms and conditions.
“Available Funds” means the value at any given time of unspent funds loaded onto Your Card and available to pay for transactions and fees and charges payable under this Agreement.
“Card” means the prepaid Visa® gift card issued to You by Us.
“Cardholder” means the Purchaser of the Card and all subsequent holders of the Card, known or anonymous.
“Customer Services” means the contact centre that You may contact if there is anything in this Agreement which You do not understand or do not agree with. To contact our Customer Services department please use the Contact Us page at www.uk.benefits-rewards.sodexo.com. You can also report a Card lost or stolen directly on the Website, or by calling 01276687058.
“Denominated Currency” means Pounds Sterling.
“Merchant” means a provider of goods and/or services who has been selected and affiliated by Sodexo Motivation Solutions UK Ltd and accepts the Card as a means of payment whether at a distance (e.g. by telephone and on-line) or over the counter (as applicable).
“Purchaser”means the original Purchaser of the Card.
“Raphaels Bank” means R. Raphael & Sons plc (Company Registration No. 1288938), with its registered office at 19-21 Shaftesbury Avenue, London, W1D 7ED.
“We”, “Us” or “Our” means Raphaels Bank.
“You” and “Your” means the Cardholder.
“Shortfall”means, when an authorised transaction is completed, any resulting insufficient funds on the Card for that transaction.
1. YOUR CARD
a) Your Card is a prepaid, single-load electronic money card issued by Us. It is not a credit card and is not in any way connected to Your bank account. Funds loaded onto Your Card will not earn any interest.
b) Your Card is issued to You by R. Raphael & Sons plc pursuant to license by Visa Europe Ltd.
2. APPLYING FOR, ACTIVATING AND LOADINGYOUR CARD
a) To apply for a Card, You must be at least 18 years old and a UK resident. When You apply for a Card, We may ask to see evidence of Your identity and Your address. We may ask for documentary evidence to prove this and/or We may carry out checks on You electronically.
b) When We perform electronic checks, personal information provided by You may be disclosed to a registered Credit Reference Agency who may keep a record of that information. A credit check is not performed and Your credit rating will not be affected.
c) As soon as You receive Your Card You must sign the signature strip on the back of it and activate it via www.simply-gift.co.uk.Your Card cannot be used until signed and activated.
d) Once Your Card is purchased and activated, the initial Available Funds on the Card Account will be the prepaid value of the Card. Your Card cannot be reloaded with additional funds.
3. USING YOUR CARD
a) You may use the Card to make purchases of goods and/or services at Merchants, the full details of which can be found at www.simply-gift.co.uk. Before using the Card You need to make sure there are sufficient Available Funds in Your Account.
b) You will not be able to use Your Card to withdraw cash from the ATMs, or to set up a recurring payment or regular subscriptions.
c) You will not be able to use Your Card after its expiry date.
d) Certain spending/ limits may apply to Your Card (see the Fees and Limits Section 12 below).
e) The card can only be used within the United Kingdom.
f) The value of Your transaction(s) will be deducted from the balance on Your Card as soon as they are made. We will also deduct any applicable fees as soon as they become payable by You (see the Fees and Limits Section 12 below).
g) The Card belongs to Raphaels Bank. We may at any time suspend, restrict or cancel Your Card or refuse to issue or replace a Card for reasons relating to the following:
- if We are concerned about the security of Your Account or Your Cards;
- if We reasonably suspect Your Account is being used in an unauthorised, fraudulent or grossly negligent manner;
- if You break an important term of this Agreement, or repeatedly break any term in this Agreement and following notice fail to resolve the matter in a timely manner; or
- if We need to do so to comply with the law.
h) If we take any of the steps referred to in the first paragraph of Section3(g), We will tell You as soon as We can or are permitted to do so after We have taken such steps. We may ask You to stop using Your Card and return it to Us or destroy it. In such circumstance, We will issue You with a replacement Card if after further investigations We have a reasonable belief that the relevant circumstances (as set out in Section 3(g)(i) to (iv)) no longer apply.
i) We may also refuse to pay a transaction:
- if We reasonably suspect Your Card is being used in an unauthorised, fraudulent, or grossly negligent manner;
- if sufficient funds are not loaded on Your Card at the time of a transaction to cover the amount of the transaction and any applicable fees; or
- if We believe that an attempted or intended transaction would be unlawful;
j) If We refuse to authorise a transaction, if practicable (and unless it would be unlawful for Us to do so) We will give You reasons for the refusal.
k) As with all payment cards, We cannot guarantee a Merchant will accept Your Card in any particular instance. Merchants should normally check that Your Available Funds will cover the transaction amount.
l) In some circumstances We (or a Merchant) may require You to have Available Funds in excess of the transaction amount. This is to ensure there are sufficient funds available to cover the final cost of the transaction and to reduce the risk of a negative balance arising on the Account. Examples include when the Card is used at certain Merchants including bars and restaurants, an additional amount (typically 10%-20%) is automatically added as an anticipated service charge or tip, temporarily reducing the balance on the Account; If Your actual service charge or tip is less than the additional amount added, it may take up to twenty-one (21) days from the date of the transaction before the difference is available to spend. Only the actual amount of the final bill agreed between You and the Merchant will be deducted from Your Account.
m) You can check Your available balance by logging in to Your Account at www.simply-gift.co.uk.
n) Internet Merchants – Certain Merchant websites will, on registration or at checkout stage, send a request for payment authorisation to verify if funds are available. This will temporarily impact Your Available Balance. Also please bear in mind that many websites will not deduct payment until goods are dispatched, so please be aware of this when checking Your balance to make sure You always have sufficient funds available to cover Your purchases.
4. AUTHORISING TRANSACTIONS
a) The authorisation of a transaction may include authorising any single transaction or pre-authorising future transactions of a certain or uncertain amount.
b) A Card transaction may be regarded as authorised by You where You have authorised the transaction at the point of sale by following the instructions provided by the Merchant, which may include:
- signing a sales voucher;
- providing the Card details and/or providing any other details as requested;
c) Authorisation for a transaction may not be withdrawn (or revoked) by You after the time We have received it. However, any transaction which is agreed by a Merchant to take place on a date later than the date it was authorised may be withdrawn if You give notice to the Merchant (providing a copy of the notice to Us) as long as such notice was provided no later than the close of business on the business day before the transaction was due to take place. We may charge You a fee if a transaction is voluntarily withdrawn or revoked by You under this Section (see the Fees and Limits Section 12 below).
5. TERMINATION, EXPIRY AND CANCELLATION
a) You have a right to cancel Your Card (and thereby this Agreement) without reason and without being charged the Cashing Out from card fee for a period of up to twenty-one (21) days after You agree to this Agreement (the "Cooling-Off Period"). You also have the right to terminate this Agreement after the Cooling-Off Period at any time. You can do so by contacting Customer Services and confirming that You have destroyed Your Card. If Your Card is cancelled or You have terminated Your Agreement in accordance with this Section We will immediately block Your Card so it cannot be used.
b) We may terminate this Agreement for any reason by giving You at least two (2) months' notice.
c) We may terminate this Agreement immediately and will tell You as soon as practicable:
- if You break an important term of this Agreement, or repeatedly break any term in this Agreement and fail following notice to resolve the matter in a timely manner; or
- if You act in a manner that is threatening or abusive to Our staff, or any of Our representatives; or
- if You fail to pay fees or charges that You have incurred or fail to put right any Shortfall (as defined in Section 12(d)).
For the avoidance of doubt, this Agreement will terminate immediately in the event of Your death.
d) We may also cancel or suspend Your Card or Account immediately if We reasonably believe Your Card is being used (or has been used) by You to commit fraud or for other illegal purposes. If We do this We will tell You as soon as We are legally permitted to do so.
e) Your Card will be valid for the period ending on the expiry date indicated on Your Card. On the expiry date, Your Card will cease to function and You will have no further right to use it for transactions. When You notify Us that You want one, We may issue You with a replacement Card, at our discretion and We reserve the right to charge a fee as per the fee schedule in clause 12. This Agreement will terminate when Your Card issued under this Agreement expires.
f) After termination of this Agreement and/or cancellation of Your Card, any funds in Your Account will be returned to You upon Your request once all transactions initiated or requested by You and all relevant fees (see the Fees and Limits Section 12 below) have been processed. (See Section 9 “Your Right To Redemption”, which sets out how funds will be returned and further terms relating to the return of funds.)
6. KEEPING YOUR CARD SECURE
a) You should treat Your 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 in Your wallet or purse. As a result, You must keep Your Card safe and not let anyone else use it.
7. YOUR LIABILITY
a) If you think a transaction is unauthorised or has been incorrectly executed, You must tell Us without delay by contacting Customer Services. If You know or suspect Your Card is lost or stolen, You must contact Customer Services straight away.
b) Your maximum liability for any unauthorised transactions on Your Card is £50 unless the investigations show that any disputed transaction was authorised by You, or that You have acted fraudulently or with gross negligence (for example by failing to keep Your Card secure or by failing to notify Us without undue delay on becoming aware of the loss, theft or unauthorised use of Your Card), in which case You will be fully liable for any loss We suffer because of the use of the Card.
c) Provided You have not acted fraudulently or with gross negligence, We will refund the amount of any transactions which were not authorised by You and which arose after You notified Us of the loss, theft, misappropriation or unauthorised use of Your Card.
d) Where necessary and pursuant to the terms of this Agreement, We reserve the right to investigate any transactions at any time, and to charge You for any reasonable costs that We incur in taking action to stop You using Your Card other than in accordance with this Agreement and to recover any monies owed as a result of such activity.
8. OUR LIABILITY
a) Any liability on Our part in connection with this Agreement shall be subject to the following exclusions and limitations.
b) We will not be liable for any loss arising from:
- a Merchant refusing to accept Your Card;
- any cause which results from circumstances beyond Our reasonable control;
- Our suspending, restricting or cancelling Your Card or refusing to issue or replace it if We suspect Your Account is being used in an unauthorised or fraudulent manner, or as a result of You breaking an important term or repeatedly breaking any term in this Agreement;
- the goods or services (or in connection with use of the goods and services) that You purchase with Your Card;
- Our compliance with any applicable laws; and/or
- Loss or corruption of data unless caused by Our wilful default.
c) Unless otherwise required by law or as set out in this Agreement, We will not be liable to You in respect of any losses You or any third party may suffer as a result of any action or event beyond Our reasonable control.
d) From time to time, Your ability to use Your Card may be interrupted, e.g. when We carry out maintenance. If this happens, You may be unable to:
- use Your Card to pay for purchases; and/or
- obtain information about the funds available in Your Account and/or about Your recent Card transactions.
e) Where the Card is faulty, Our liability shall be limited to replacement of the Card loaded with any Available Funds.
f) Where sums are incorrectly deducted from Your Available Funds, Our liability shall be limited to payment to You of an equivalent amount.
g) In all other circumstances, Our liability under this Agreement shall be limited to repayment of the amount of the Available Funds.
9. YOUR RIGHT TO REDEMPTION
a) You have the right to redeem the unspent Card funds at any time in full before the termination of this Agreement (and thereafter only in full). You can do so by sending Your request to Customer Services, by email to email@example.com.
b) When We process Your redemption, or return funds in accordance with the Termination And Expiry And Cancellation Section, We will charge a Cashing Out from card fee (see Fees and Limits Section 12) except:
- during the Cooling-Off Period; or
- during the twelve (12) months following the expiry of the last Card connected to Your Account; or
- when You cancel Your Card because You object to a change We have notified to You of a term (or terms) of this Agreement or do not wish Your Account to be assigned to a third party.
c) Funds will be returned in Pounds Sterling. We will return the funds to Your nominated bank account (e.g.Your bank account). Before we do so, We may need to verify Your identity in order to satisfy applicable law (and We reserve the right to withhold funds where We have a reasonable concern regarding fraud or other security issues).
d) If there are any funds remaining on Your Card thirty-six (36) months after the date of Your last transaction connected to Your Account, and You have not requested a redemption, or not provided Us with all necessary information to enable Us to make the redemption, a Dormancy fee will be payable and will be deducted from Your Account balance (see the Fees and Limits Section 12 below). Sodexo Motivation Solutions UK Ltd will charge You monthly Dormancy Fees continuously on any remaining funds following 36 months since Your last transaction as per their agreement with You, if Your account becomes dormant (see the Fees and Limits Section 12 below).
e) We will not redeem funds remaining in Your Account if Your request for redemption is received by Us more than six (6) years after the date of cancellation or expiry of the last Card connected to Your Account or, if earlier, any other termination of this Agreement if earlier.
10. DISPUTED TRANSACTIONS
a) You may be entitled to claim a refund in relation to transactions made using Your Card where:
- the transaction was not authorised under this Agreement;
- a pre-authorised transaction did not specify the exact amount at the time of its authorisation and the amount charged by a Merchant is more than You could reasonably have expected taking into account normal spending patterns on the Card or the circumstances of the transaction. However a claim for a refund in such circumstances will not be accepted if the amount of the transaction was made known to You at least four (4) weeks before the transaction date or if the claim is made more than eight (8) weeks after being debited to Your Account; and/or
- We were notified of the unauthorised/incorrectly executed transaction within thirteen (13) months of the debit date of such transaction.
In most cases, We shall accept responsibility for any transaction which was incorrectly executed, provided it has been notified to Us in accordance with Section 4 “Authorising Transactions” above.
b) If any of the above circumstances apply, You should contact the Merchant first as this may lead to a quicker resolution of the dispute (and for the avoidance of doubt, reasonable time taken to contact the relevant Merchant shall not be deemed an undue delay). You can also ask Us to investigate any transaction or suspected misuse of Your Card. Subject to the other terms of this Agreement, We will process a refund of the amount of the disputed transaction. We may need more information and assistance from You to carry out such investigation.
c) If We refund a disputed transaction to Your Account and subsequently receive information to confirm that the transaction was authorised by You and correctly posted to Your Account, We shall deduct the amount of the disputed transaction from the Available Funds. If there are insufficient Available Funds then the provisions regarding Shortfalls will apply (see the Fees and Limits Section 12 below).
d) If Our investigations subsequently discover that a claimed disputed transaction was in fact genuine and authorised by You directly or indirectly, or that You have acted fraudulently or with gross negligence, We may charge You a Disputed Transaction Fee (see the Fees and Limits Section 12 below).
11. CHANGES TO THIS AGREEMENT
a) We may change the terms of this Agreement (including, without limitation, changing existing fees or introducing new fees) by notifying You by e-mail, via the Website, and/or by other reasonable means at least two (2) months before the change is due to take effect (unless We are required to change this Agreement immediately or otherwise more quickly by law).
b) Notices and the up-to-date version of this Agreement will always be available on the Website.
c) When We notify You of a change to this Agreement, You will be deemed to have accepted all of the notified change(s) unless You tell Us that You do not agree prior to the change(s) taking effect. In such circumstance, We will treat Your notice to Us as notification that You wish immediately to terminate this Agreement and We will refundany balance on the Card in accordance with Section 9 “Your Right to Redemption” above. You will not be charged a Cashing Out from card fee.
12. FEES AND LIMITS
a) The following fees will apply:
Cashing Out from card
Cashing Out from account
£2.50 pcm after 36 months inactivity
Disputed Transaction Fee
£20 for unsubstantiated dispute
b) The following Limits apply to the usage of the Card:
Card Purchase Limit per day
Card Transactions per day
Card Purchase Limit per 5 days
Card Transactions per days
The maximum value that can be spent per day on the card is £400
The maximum number of transactions You can make per day are 30
The maximum value that can be spent per 5 days on the card is £400
The maximum number of transactions You can make per 4 days are 60
The maximum card balance You can have at any time is £400
c) Authorisation will be requested for all transactions at the time of each transaction. In the unlikely event of a Shortfall for any reason whatsoever, the full amount of the Shortfall must be reimbursed by You immediately.
d) You agree that once We make a Shortfall known to You by e-mail, text, post, or other reasonable means,We will charge You for the Shortfall amount and You must repay it immediately. We may suspend Your Card and any additional Cards connected to You until We are reimbursed the full Shortfall amount.
e) You are responsible for ensuring that You have sufficient Available Funds when You authorise a transaction.
13. YOUR DETAILS
a) You must let Us know as soon as possible of any changes to Your name, address, telephone number or e-mail address. If We contact You in relation to Your Card (for example, to notify You that We have cancelled Your Card or to send You a refund), We will use the most recent contact details You have provided to Us. Any e-mail to You will be treated as being received as soon as it is sent by Us using the details You have most recently provided.
b) We will not be liable to You for any losses resulting from Your failure to notify Us of changes to Your contact details.
14. DATA PROTECTION
15. DISPUTES WITH MERCHANTS
a) If you have any dispute(s) about purchases made using Your Card, You should settle these with the relevant Merchant from whom You bought the goods or services. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased using Your Card. Subject to Section 4(c), once You have used Your Card to make a purchase We cannot stop that transaction.
16. COMMUNICATIONS / LOST AND STOLEN CARDS
a) If you have an enquiry relating to Your Card,or to report Your Card lost or stolen, you must contact Customer Services by telephone at 01276687058. Calls to this number are free from United Kingdom landlines.Call costs from other networks may vary.
a) If You are unhappy in any way with Your Card, or with the way it is administered or serviced, please contact Customer Services by telephone at 01276687058.
b) Details of our complaints procedure can be obtained on the Website.
c) If We are unable to resolve Your complaint, You may contact the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR. Telephone: 0800 023 4567(calls to this number are normally free for people ringing from a "fixed line" phone – but charges may apply if You call from a mobile phone) or 0300 123 9 123 (calls to this number are charged at the same rate as 01 or 02 numbers on mobile phone tariffs). These numbers may not be available from outside the United Kingdom – so please call +44 20 7964 0500 if You are phoning from abroad. You can also email: firstname.lastname@example.org.
d) If you have purchased your card/created an account or other online at www.simply-gift.co.uk and you are not happy with the product or service provided and feel that Sodexo cannot resolve your issue, you are entitled to submit your complaint via the European Online Dispute Resolution platform (“ODR platform”) by visiting the following website: http://ec.europa.eu/consumers/odr/
a) Your Card is an electronic money product and although it is a product regulated by the Financial Conduct Authority, it is not covered by the Financial Services Compensation Scheme. No other compensation scheme exists to cover losses claimed in connection with Your Card. This means that in the unlikely event that Raphaels Bank becomes insolvent Your funds may become valueless and unusable and as a result You may lose Your money.
b) As a responsible e-money issuer, We ensure that once We have received your funds they are deposited in a secure account, specifically for the purpose of settling transactions made by your Card.
a) We may assign the benefit and burden of these terms and conditions to another entity at any time, on giving You two (2) months prior notice of this. If We do this, Your rights will not be affected. You will be given the opportunity to refuse such changes by terminating this Agreement during such period.
20. TRANSFER TO A NEW CARD
a) We may transfer Your unused balance to a new Card provided by a Card issuer other than Raphaels Bank at any time. Before We do this, We will give You at least two (2) months notice of the new Card arrangements and the new Card terms and conditions. Unless You advise Us within the two (2) month notice period that You do not want a new Card from the new Card issuer, You agree that We will automatically transfer the unused balance on Your Card to a new Card provided by the new Card issuer.
b) If You advise Us within the two (2) month notice period that You do not want a new Card from the new Card issuer, You may redeem Your funds as set out in Section 9 (Your Right to Redemption) above and the redemption fee will be waived.
22. GOVERNING LAW
a) This Agreement is concluded in English. All communications with You will be in English. These terms and conditions shall be interpreted in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English and Welsh courts.
23. CARD ISSUER
a) Your Card is issued by R. Raphael & Sons plc (Company Registration No. 1288938) with its head office and registered office at 19-21 Shaftesbury Avenue, London, W1D 7ED (“Raphaels Bank”). We are a bank, authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under registration number 161302 and are permitted to issue electronic money. Sodexo Motivation Solutions UK Ltd (the “Programme Manager”) administers and services the Card on Our behalf and is available to give You support if You have any queries or complaints (call 01276687058 or see Customer Services contact details on www.simply-gift.co.uk).