App - Terms Of Service

‍Last updated: 17h February 2025‍

Please review these terms and conditions carefully before using KittyCard

 

KittyCard Services & the Card and Wallet Terms and Conditions

About the terms and conditions

This document contains two sets of terms and conditions, comprising two Sections:

  • Section 1: KittyCard terms and conditions governing the services – the terms and conditions governing the provision of services which are between you and KittyCard Ltd; and
  • Section 2: Transact Payments Limited terms and conditions governing the Card and the Wallet – the terms and conditions governing the provision of the account which are between you and Transact Payments Limited.

Section 1

PLEASE READ THESE APP TERMS CAREFULLY

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP.

OR

BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.  

IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.

Who we are and what this agreement does

We KITTYCARD LTD of 1 & 2 Studley Court Mews Studley Court, Guildford Road, Chobham, Surrey, United Kingdom, GU24 8EB permit you to use:

  • The KittyCard mobile application software, including any data supplied with the software (the "App"), and any updates or supplements to it.
  • Related online or electronic documentation (the "Documentation"), which includes user manuals, guides, FAQs, technical specifications, and any other resources that help you understand and use the App.
  • The service you connect to via the App and the content we provide through it (the "Service"). KittyCard Ltd works with third-party service providers to facilitate the operation of payment services and wallet functionalities offered through the App. These third party providers are responsible for providing electronic money services and managing wallet platforms that allow users to store, transfer, and spend funds within the App under its regulatory authority.  

Your Privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.kittycard.com/privacy-policy and it is important that you read that information.

Other terms that may apply to you

The following documents also form part of these terms:  

App Store or Platform Terms Also Apply

The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the app store or platform where you obtained the App (e.g., Google Play Store, Apple App Store, etc.). The relevant store’s or platform’s rules and policies will apply in addition to these terms, and in cases where there are differences between the two, the store’s or platform’s rules and policies will take precedence.

Operating system requirements

For optimal performance, ensure that your device meets the minimum hardware specifications and is updated to the latest version of the operating system. Compatibility with some devices may vary depending on hardware configurations such as screen size and processor speed.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at kittycard.com  

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at kittycard.com or call them on +44 20 4572 4277.  

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • You may download or stream unlimited copies of the App onto any number of mobile phones or handheld devices and view, use, and display the App and the Service on those devices for your personal purposes only. There are no restrictions on the number of devices on which the App may be installed, provided it is for personal use.
  • use any Documentation to support your permitted use of the App and the Service, and
  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

You must be 18 to accept these terms and use the App

You must be 18 or over to accept these terms and use the App.  

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.  

We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.  

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service [and you may apply to the Appstore for a refund, which will reflect the period the App and the Service have been available to you prior to cancellation].  

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.  

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.  

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.  

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).  

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.  

App restrictions

You agree that you will:

  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
  • You accept full responsibility for any unauthorised use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (such as PayPal) by minors.
  • You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by KITTYCARD, or previously been banned from using KITTYCARD’s app.
  • You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk, or spam e-mail or repetitive or misleading messages to anyone.

Acceptable use restrictions

You must:  

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not permitted by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us and the rights in the App and the Services are permitted to be used (not licensed or sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event  but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.  

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this agreement and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Dispute Resolution: In the event of any disputes related to the payment services, wallet functionalities, or transactions within the App, users agree to first attempt resolution through the KittyCard Ltd customer service team. Thereafter users may also refer unresolved disputes to alternative dispute resolution (ADR) as follows:

  1. Disputes involving payment processing, contribution refunds, or transaction errors will be reviewed by our team under the regulatory framework governing electronic money institutions.
  1. Disputes related to technical issues within the App or the Wallet Platform can be addressed by contacting our support via the platform.
  1. If disputes cannot be resolved through these channels, you may submit a complaint to an independent ADR entity or bring legal proceedings in the appropriate jurisdiction.

The parties agree to the jurisdiction of the English courts unless otherwise stipulated by the laws of the user's location. ADR procedures will follow a designated third-party ADR provider with details to be supplied upon request.


Section 2

KittyCard Wallet and KittyCard Debit Mastercard Terms and Conditions

Version: 1.0  

Last updated on 13th February 2025

IMPORTANT INFORMATION: Please read this Agreement carefully before requesting a Wallet and a Card. This Agreement becomes effective and binding on you when you click to accept it when you apply for a Wallet and a Card. This Agreement will continue until either you or we end it, in accordance with the terms set out below.

This Agreement includes the Fee & Limits Schedule at the end of this document and constitutes a binding agreement between you and Transact Payments Limited.  

  1. Definitions & Interpretation:

Account Information Service Provider

a third-party payment service provider which is authorised by a financial regulator to provide online account information services and which, if you allow it, will be able to access certain online account information in the Wallet, such as the payments you make and receive;

App

the mobile application provided by KittyCard that allows you to access the Wallet and take actions, such as making payments, viewing your Transaction history, blocking the Card and raising queries with Customer Services;

Applicable Law

any  law (including but not limited to, any local law of the jurisdictions into which the Wallet and/or Card are provided and the Program is operated), statute, statutory instrument, act, regulation, rule, order, supervisory guidance, policy, instruction or requirement stipulated by an applicable Regulatory Authority, or interpretation published by any Regulatory Authority, any order issued by a court which has jurisdiction over you, us or Payload, KittyCard or any  rule or requirement set by Mastercard related to the Card or Wallet and/or any of  the services to be provided under this  Agreement or such other rule that we consider to be valid  and as amended from time to time;

Available Balance

the value of unspent funds loaded onto the Wallet and available for you to use;

Business Day

Monday to Friday, 9am to 5pm CET, excluding bank and public holidays in Gibraltar;

Card

the Virtual Card which we issue to you in accordance with this Agreement There is no physical card. When we make reference to a Card in this Agreement we mean a Virtual Card;

Card Transaction

using the Card to make (i) a payment, or a purchase of goods or services from a Retailer where you pay (in full or in part) with the Card, including where you pay over the internet, by phone or mail order or (ii) a cash withdrawal from an ATM or bank using the Card;

CHAPS

the Clearing House Automated Payment System, a service which allows organisations to make same-day payments to an account within the UK, within the CHAPS operating days and times;

Customer Services

the contact center for dealing with queries about the Wallet and Card.  You can contact Customer Services by:

  1. calling +44 20 4572 4277 (your network provider may charge a fee for calling this number); or
  1. e-mailing support@kittycard.com from the email address registered to the App.

Direct Debit

a payment collected via the UK Direct Debit scheme from or to your Wallet;

Expiry Date

the expiry date which can be found in the ‘Card’ section of the App;

Faster Payments

a service which allows you to make and receive electronic payments in the UK. The payment is received by the recipient organisation or bank within 2 hours, as long as the receiving organisation or bank is part of the Faster Payments Scheme;

Fee

any fee payable by you as referenced in the Fees & Limits Schedule.

Fee & Limits Schedule

the schedule contained in this Agreement;

KittyCard

Kittycard Ltd incorporated and registered in England and Wales with company number 14905528 whose registered office is at 1 & 2 Studley Court Mews Studley Court, Guildford Road, Chobham, Surrey, United Kingdom, GU24 8EB;

KYC

means “Know Your Customer” and refers to the ways in which we are required to check your Personal Details and identity;

Mastercard

Mastercard Europe sprl, the payment network applicable to the Card;

Payment Initiation Services Provider

a third-party payment service provider which is authorised by a financial regulator to provide an online service to make a payment from your Wallet at your request;

Personal Details/ Personal Data

the registered personal identity details that are collected from you relating to your use of the Wallet, Card and App including (but not limited to) your: name, date of birth, home address, email address and telephone (landline and/or mobile) number. Full details of the Personal Data which we process are set out in our Privacy Policy;

Program

the marketing, processing, administration, supervision, maintenance, servicing, authorisation or usage of the Card and Wallet and any other payment services established in accordance with this Agreement;

Program Manager, Payload

Payload Limited, incorporated and registered in England and Wales with company number 14606631 and registered office at Epworth House 25, City Road, London EC1Y 1AA;

Regulatory Authority

Mastercard and/or any regulator or agency (for example, the Gibraltar Financial Services Commission, which is the body which grants our e-money licence and supervises our actions) which has authority over us, Payload or KittyCard in relation to the Card, Wallet, Program or any services provided under this Agreement;

Retailer

a retailer or any other person which accepts e-money;

Third-Party Provider/TPP

an Account Information Service Provider or a Payment Initiation Service Provider;

Transaction

any debit, credit or adjustment to a Wallet that affects the balance of funds held in it including a Card Transaction;

Username and Password

a set of personal codes selected by you in order to access the App;

Virtual Card

a non-physical card that you can use to carry out Card Transactions. For the avoidance of doubt there is no physical card;

Wallet

the electronic money account provided to you by TPL and opened in accordance with this Agreement;

Website

https://kittycard.com/

we, us or our

Transact Payments Limited (“TPL”), a company incorporated in Gibraltar with registered address at 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA, company registration number 108217 and which is authorised by the Gibraltar Financial Services Commission as an electronic money institution; and

you or your

You, the person who has entered into this Agreement with us by applying  to open a Wallet and be issued with a Card in accordance with this Agreement.

  1. The Agreement, Wallet and Card
  1. The Wallet is an electronic money account provided by us in accordance with our licence granted by the Gibraltar Financial Services Commission. You must use the Wallet in accordance with this Agreement.
  1. The Card is issued by us in accordance with our licence from Mastercard and you must use the Card in accordance with this Agreement.  
  1. You are not permitted to re-sell the Card.
  1. You can download or print the latest version of this Agreement at any time from the Website and/or request a paper copy from Customer Services  
  1. If you do not agree with or accept any of these terms and conditions, you should close the Wallet, cancel the Card and stop using the App.

  1. Applying for a Wallet and Card
  1. To apply for, and use, a Wallet and Card you must be at least 18 and resident in the United Kingdom.
  1. You may apply via the App (downloaded via Google Play or the Apple App Store). We may require you to provide information/documentary evidence to prove your identity and address and/or we may carry out electronic identification verification checks on you.  
  1. Once we have been able to successfully complete KYC, you will receive an activation confirmation on the App and you will be able to use the Wallet and Card.
  1. You are only allowed to hold one Wallet where your Available Balance is located. If we discover that you do have more than one Wallet, we may block the Card and Wallet and terminate this Agreement.

  1. Personal Details
  1. When you buy goods and services online, some websites may require you to enter your Personal Details. If this happens, you should enter your up-to-date Personal Details.  
  1. You must notify KittyCard of any change in your Personal Details as soon as possible by updating the details in the App. You will have to pay for any loss that happens directly as a result of any delay in telling us that your Personal Details have changed or if you have not told us because you’ve been grossly negligent or committed fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you.
  1. We, Payload or KittyCard, reserve the right at any time to satisfy ourselves that your Personal Details are correct (for example, by requesting relevant original documents) including so that we can prevent fraud and/or money laundering. You also agree to authorise us and Program Manager to undertake electronic identity verification checks on you either directly ourselves or using relevant third-party companies at the time when you apply for a Wallet or Card or at any time in the future.

  1. Using the Wallet
  1. You can use the Wallet subject to the Fees which you can find in the Fees & Limits Schedule. The Fees will be deducted from the Available Balance as they are charged to you.  
  1. You can receive funds into the Wallet by electronic funds transfer using CHAPS, Faster Payments and any other payment type as notified by us to you from time to time.  We will credit the Wallet when we receive the funds.
  1. The Wallet can also receive internal transfers from other Wallets owned or controlled by you, which apply instantly.
  1. The Wallet will not be credited if:
  1. the Wallet is suspended, restricted or terminated;
  1. the sender has provided incorrect/invalid Wallet details for the Wallet; or
  1. we suspect the transfer to be fraudulent.

  1. If we are unable to credit the Wallet for any of the reasons in clause 5.4 then the funds may be sent back to the sender without us notifying you beforehand.

  1. In order to manage our risk, particularly with respect to money laundering, fraud or security concerns, we also apply internal controls, including limits, to certain types of payment. We change these as necessary but for security purposes, we may or may not disclose them to you.

  1. You can send funds only from the Wallet to the UK external bank account you have used in the first instance.  
  1. If for any reason whatsoever a Transaction is carried out (including a Card Transaction), but the amount is greater than the Available Balance, you must pay us the difference immediately. If you don’t pay us after receiving a notification from us, we reserve the right to take all necessary steps to recover the difference, including taking legal action. We may charge the amount of the difference against any funds on the Wallet, including any funds that are loaded at a later date. We may arrange for the Wallet and/or Card to be suspended until we are reimbursed with the difference.
  1. The Wallet will be terminated if you use it for any illegal purposes, in accordance with clause 10.4(b)iv.  
  1. The Available Balance on the Wallet will not earn any interest.
  1. You are not permitted to set up Direct Debits from the Wallet.

  1. Third-Party Access to the Wallet
  1. You can allow a Third-Party Provider (also referred to as a ‘TPP’ or ‘Open Banking Provider’) to have access to the information in the Wallet or to initiate certain Transactions from the Wallet. The TPP must be authorised to provide these services to you, and we recommend that you check their authorisation on their regulator’s register of authorised providers before using them.  
  1. When you use a TPP, you authorise and consent to them accessing the Wallet or making payments from the Wallet on your behalf. Once the TPP properly identifies itself to us, we will treat any instruction from the TPP as if it was an instruction from you. You also consent to us sharing any information (including Personal Data) with the TPP that is reasonably required for them to provide their services to you.
  1. We may deny a TPP access to the Wallet or to make a payment if we are concerned about unauthorised or fraudulent access by that TPP. If we do block access, we will tell you beforehand or as soon as possible afterwards in a way that we consider the most appropriate. We won’t tell you if Applicable Law prevents us from doing so or if there are valid security reasons for not informing you. We will unblock access to the TPP when the reasons for blocking no longer exist.
  1. You also have the right to block or withdraw access to the Wallet by the TPP and you should contact Customer Services if you wish to do this.

  1. Using the Card
  1. You can use the Card subject to the Fees which you can find in the Fees & Limits Schedule. The Fees will be deducted from the Available Balance as they are charged to you.
  1. The Card is to be used to spend the funds in the Wallet.
  1. Unless we tell you otherwise, you can use the Card at any Retailer which accepts Mastercard.
  1. There are certain circumstances when a Retailer may require you to have an Available Balance which is greater than the value of the Card Transaction you wish to make. Retailers may request this as they may need to access more funds than you initially planned to spend for example, when you make hotel or rental car reservations. If this happens, you will not have access to the blocked amount of funds until the Card Transaction is completed or, at the latest, for up to a period of 30 days. We will only block access to the exact amount of funds authorised by you. You will only be charged for the actual and final value of the Transaction.
  1. You cannot use the Card at Retailers that cannot check that you have sufficient Available Balance for the Card Transaction (for example, Card Transactions made on trains, ships, some in-flight purchases and tollbooths which are not online).  
  1. We accept no liability if a Retailer refuses to accept payment using the Card. It is your responsibility to check the restrictions of each Retailer.
  1. You must not use the Card for any illegal purposes.


  1. Authorising Transactions
  1. You must give your consent to each Transaction by a) entering your security information; b) providing the Card details and/or providing any other details personal to you and/or the Card; or b) authorising a TPP to initiate a Transaction. Once you have given such consent to the Transaction, we will consider it to be authorised by you.
  1. When you make a Transaction, we consider it to be received when it is received by our processing partner. If a Transaction order is received after 4pm on a Business Day, then it will be considered to have been received on the next Business Day.  
  1. Once a Transaction has been authorised by you and received by us, it cannot be reversed.
  1. Your ability to use or access the Wallet or Card may occasionally be interrupted, for example, if Program Manager or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using the Wallet or Card and these will be resolved as soon as possible.

  1. Managing and protecting the Wallet and Card
  1. You are responsible for the Card, Wallet, device, App and any related passwords, logins or other security details (we will refer to all of these as “Security Details” in the rest of this clause 9) and you must take all possible measures to keep them safe and entirely confidential.  Examples of these measures include (but are not limited to):  
  1. never letting any other person use your Security Details;
  1. never writing your Security Details down in a way that allows anyone else to recognise them; and
  1. keeping your Security Details secret at all times for example, by not allowing your phone to be used by anyone without your authority.
  1. If you don’t keep your Security Details safe, you may not be able to claim any losses if we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with unreasonable delay or with gross negligence. In all other circumstances, the maximum amount that you will be required to pay will be £35.
  1. If you believe that someone else knows any of your Security Details, you must notify us by contacting Customer Services immediately.  
  1. if we suspect or believe that there may be a security threat or a threat of fraud to the Wallet or Card, Program Manager will notify you securely via email, SMS and/or push notification.

  1. Termination of this Agreement
  1. Unless this Agreement is terminated by you or by us, it shall remain in force.
  1. When this Agreement is terminated, the Wallet and Card will be closed, and you are not permitted to use either of them.
  1. Termination by You

(a) You may close the Wallet or Card at any time by contacting Customer Services.  Once either the Wallet or Card are closed, this Agreement will be terminated.

(b) If any further Transactions are found to have been made or charges or Fees incurred using the Wallet or Card or if we receive a reversal of any Transaction which added funds to the Available Balance, we will notify you of the amount and you must immediately repay it to us.

  1. Termination or Suspension by Us
  1. We, or Program Manager for us, may terminate this Agreement at any time by giving you two months’ advance notice, which will be sent to the email address that you have provided to us.
  1. We, or Program Manager for us, can suspend the Wallet or Card, restrict their functionality or terminate this Agreement at any time with immediate effect if:
  1. you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or
  1. you do not repay money that you owe to us; or
  1. you fail to provide the Personal Data necessary for us to comply with our legal or regulatory obligations and to fulfil this Agreement; or
  1. we reasonably suspect that the security of the Card or Wallet has been compromised or that you, or any third party, have used, or intend to use the Card or Wallet in a grossly negligent way or for fraudulent or other illegal purposes; or
  1. we believe that your use of the Card or Wallet may result in harm to us or our systems; or
  1. we believe that your continued use of the Card or Wallet may damage our reputation; or
  1. you become bankrupt; or
  1. we are required to do so under Applicable Law or if we believe that your continued use of the Wallet and/or Card may be in breach of Applicable Law; or
  1. we cannot process some or all of your Transactions due to the actions of third parties; or
  1. you have breached an important part of this Agreement or have repeatedly breached any term of this Agreement and have failed to resolve it in a timely manner.
  1. If we do suspend, restrict or terminate the Wallet or Card then, if we are legally allowed to, we or Program Manager will notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place. If possible, we or Program Manager will provide the reasons for the suspension, restriction, termination or refusal to execute a Transaction. If we suspend or block your Card or Wallet, we will unblock it as soon as the reasons for blocking it no longer exist.
  1. You can redeem your Available Balance by withdrawing it at an ATM at any time while your Wallet is open. Once your Wallet is closed, and subject to any legal obligations that we have to comply with, you will be able to gain access to the funds in the Wallet at any time within six years from the date that this Agreement ends.  
  1. If your Wallet is closed and you request that we send the Available Balance back to you, we may require that the funds are sent to an account in your name. We may also require you to provide us with KYC information and/or documents so that we can check your identity. We may charge a Redemption Fee if you request your Available Balance before, or at least 12 months after, this Agreement ends. If we do charge a Redemption Fee, it is set out in the Fees & Limits Schedule.
  1. If you owe us any funds or Fees when you request your Available Balance, we shall have the absolute right to deduct those funds of Fees from the funds held in your Wallet.

  1. Loss or Theft of funds and the Card.
  1. You are responsible for protecting the Wallet and Card as if they were cash in a physical wallet – if the Available Balance is lost or stolen, you may lose some or all of the money on the Wallet unless you contact us as specified in this clause.
  1. If you know or suspect that someone has gained unauthorised access to the Wallet, if you think your Phone has been lost or stolen or if you think that a Transaction has not been carried out correctly, you must immediately contact customer support via  email at support@kittycard.com. You must also immediately freeze the Card in the App.
  1. If you lose your Phone or it is stolen or used by someone without your permission and you haven’t reported it to us, you must pay the first £35 of losses. If our investigations show that you authorised a Transaction that you’re disputing or that you acted fraudulently or that you negligently or intentionally breached the terms of this Agreement (for example, if you allowed someone to use your Phone and they made a payment with your Card without you knowing about it), we may not refund you the amount that was spent.  
  1. Once you report a loss, theft or unauthorised use of the Card or Wallet, we will block them so that they can no longer be used.  
  1. You agree to cooperate with our agents, any supervisory authority, the police and us if you lose your phone and the Card or Wallet is lost, stolen or if we suspect that someone has used it fraudulently.  
  1. If you think that a Transaction has been made that you didn’t authorise or you think that it was incorrect, you must tell us as soon as possible, and no later than 13 months after the Transaction date, and we will refund the amount immediately. We won’t refund it if we believe that the incident may have been caused by a breach of this Agreement, through gross negligence or if we have reasonable grounds to suspect fraud.
  1. If you don’t think we’ve carried out a Transaction correctly, we will immediately try to trace the Transaction and will notify you of the outcome. We will not charge you for doing this. If we are liable for the Transaction, we will refund the amount as soon as we can, together with the amount of any fees which may have been charged to you.
  1. If a Transaction that you’re disputing was initiated by a TPP, the TPP must prove that the Transaction was authenticated, accurately recorded and not affected by a fault linked to its payment initiation service.
  1. If a Transaction that was made within the EEA or the UK arrived later than it should have, according to the terms of this Agreement, you may ask us to contact the receiving bank to ask them to treat it as if it was made on time.  
  1. If you ask us to investigate a Transaction which is initiated by a Payee (for example, a recurring payment which you have authorised) and the exact Transaction amount was not specified when you authorised the payment and  the amount  was more than you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case, we will refund that amount.  
  1. We won’t refund it if the amount relates to currency exchange fluctuations, if you have given your consent to execute the Transaction directly to us or if information on the Transaction was made available in an agreed manner to you at least 4 weeks before the due date of the Transaction.  
  1. We will only provide a refund if you request it from us within 8 weeks of the date on which it was debited.
  1. If a Transaction is paid into the Wallet that should not have been, we will, where possible, immediately send the funds back to the account or bank acting for the person who sent the payment. If this happens, you agree to return the funds to us and to provide the help we need to recover the amount from you. If we cannot recover the funds, we are required to provide sufficient details about you and the incorrect payment to the bank or institution that sent the payment so that they can recover the funds.

  1. Payment Disputes
  1. If you dispute a Card Transaction that you have authorised, and which has been processed on the Card, you should settle this with the person you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with the Card.  
  1. If the dispute cannot be resolved you should contact us at Customer Services, and we will try to help you to resolve it.  
  1. If you have reason to believe that a Card Transaction was carried out without your consent or in error, you may ask Program Manager to investigate it.  If an investigation occurs, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Card Transaction was genuine, this will be deducted from your Available Balance and we may charge you an investigation fee, subject to the Fees & Limits Schedule. If you do not have sufficient Available Balance, you must repay us the amount immediately when we ask for it.

  1. Foreign Exchange
  1. You can receive payments into the Wallet and make payments out of the Wallet in Pounds Sterling (GBP) only.  
  1. If you use the Card in a currency other than the currency of the Card (we will refer to this amount in this clause as the “Foreign Currency Transaction”), we will use an exchange rate set by Mastercard to convert the amount to the currency of your Card and we will deduct it from your Available Balance. For example, if the currency of your Card is Euros and you buy a product in Pounds Sterling, we will convert the Pounds to Euros and then deduct the Euro amount from your Available Balance.
  1. You may also be charged a Currency Conversion Fee as set out in the Fees & Limits Schedule below.
  1. You can compare charges for currency conversion with other Cards’ charges by checking the real-time percentage difference between the amount that will be charged on the Card for a Foreign Currency Transaction (which consists of the mark-up applied by Mastercard as well as any other charges) and the latest available euro foreign exchange rates issued by the European Central Bank. You can see this information on the Website before you make a Foreign Currency Transaction.
  1. Exchange rates can go up and down quickly and they may change between the time you make a Transaction and the time it is deducted from your Account/Available Balance. You agree that any change to the exchange rate may be applied immediately and without us giving you any notice.

  1. Our Liability
  1. We shall not be liable for:  
  1. any loss which occurs from anything which is directly or indirectly beyond our control. Examples of this include: if there aren’t enough funds in an ATM, if the ATM network fails, if you can’t withdraw funds due to the ATM operator setting limits on funds that can be withdrawn or if their data processing system doesn’t work properly;
  1. any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;  
  1. any loss arising from any use of the Wallet or Card that does not comply with this Agreement;  
  1. any goods or services that you buy with the Card;  
  1. anyone refusing to accept the Card; and vi. any damages that you suffer due to loss, fraud or theft that you have reported to us later than 13 months after the event/debit date.  
  1. If the Card is faulty and this is our fault, our sole responsibility will be to replace the Card.
  1. If funds are incorrectly deducted from your Available Balance and this is our fault, our sole responsibility will be to pay you the correct amount.  
  1. Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
  1. The exclusions and limitations set out in this clause will also apply to any of our partners, including Mastercard and other suppliers, contractors, representatives and any of their partners (if any) which may arise in connection with this Agreement.  
  1. Complaints
  1. If you would like to make a complaint about the Card or Account, please send an email to Program Manager’s Customer Services department at support@kittycard.com.  
  1. Customer Services will try to respond to you by email as quickly as possible and at the latest within 15 Business Days.  
  1. If you’re not happy with the response from our Customer Services team, you can escalate your complaint to the TPL Issuer Complaints Department directly via email at complaints@transactpaymentslimited.com. Please ensure you include the required Personal Details so we can properly identify and contact you.  
  1. If TPL’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of our findings within 35 Business Days of your complaint. We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.  
  1. In the unlikely event that we are unable to resolve your issue to your satisfaction, you have the right to refer your complaint to the Financial Services Commission at: Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar or email psdcomplaints@fsc.gi.

  1. General Communication
  1. When we or Program Manager communicate with you, we’ll do it by email or by push notification/SMS text message on your mobile device. We’ll use the latest contact details which you have provided us with.

  1. You may contact Customer Services via the details which are set out in clause 1.

  1. Personal Data
  1. TPL will collect certain information about the user of the Wallet and Card in order to operate the Wallet and Card. We need you to provide your Personal Data (for example, your name and address) so that we can carry out our obligations under this Agreement (for example, so that we can send you a Card with your name on it and send it to the right address). Sometimes we may need to use your Personal Data so that we can take certain steps, where you ask us to, before we enter into this Agreement. If you don’t provide the Personal Data which we ask you for, we will take steps to end this Agreement in accordance with clause 10.4(b)iii above.
  1. We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it and the conditions under which we may disclose it, please refer to our Privacy Policy which is provided to you at the time we collect your Personal Data.

  1. Changes to this Agreement
  1. We can update or amend this Agreement at any time if we give you at least 2 months’ notice first. If we do this, we shall ask Program Manager to notify you by e-mail or mobile device (using the latest email address/phone number you have provided us with).
  1. If you do not agree with our proposed changes to the Agreement, you may end this Agreement at any time within the 2-month notice period. You can also withdraw any unused Available Balance at that time without incurring a Fee. If you don’t notify us before the 2-month deadline, we will consider that you have accepted the changes to this Agreement.
  1. If any part of this Agreement does not comply with any regulatory requirements, then we will not rely on that part, but we’ll 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 a new regulatory requirement, we will make those changes as soon as we reasonably can.  
  1. Language

Only the English language version of this Agreement, any communications that we send to you and any content on the Website will apply. If we translate this Agreement or any other content into another language, the translation is for reference only.

  1. Governing Law

This Agreement is governed by Gibraltar law.  

  1. Jurisdiction

You agree to the non-exclusive jurisdiction of the courts of Gibraltar. ‘Non-exclusive jurisdiction’ means that you may also have the right to refer a dispute to the court of another country.

  1. Miscellaneous
  1. Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time. This means that if we don’t enforce our rights against you at a particular time, we are still able to do so at a later time.
  1. The Wallet and Card are payment service products and not deposit or credit or banking products and, as such are not governed by the Deposit Security Scheme of Gibraltar (https://www.gdgb.gi).  The deposit scheme protects customers’ money when financial firms fail. You can find out more about them at the link provided above. We will, however, safeguard your funds so that they are protected by Applicable Law if we become insolvent. If you’d like further information on how your funds are protected, please contact Customer Services.
  1. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
  1. You may not transfer any of your rights and benefits under this Agreement. This means that the Agreement is personal to you, and you can’t transfer it to anyone else. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. We may transfer our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement, if we reasonably believe that this would not have a significant negative effect on your rights.
  1. The Wallet is provided by Transact Payments Limited pursuant to its licence from the Gibraltar Financial Services Commission and the Card is issued by Transact Payments Limited pursuant to its licence from Mastercard.

  1. KittyCard administers the Wallet and Card provided by Transact Payments Limited and is available to give You customer service support if You have any queries. Our Program Managers also conduct activities such as sponsorship, marketing, and providing the IT platform and will carry out due diligence on You.

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‍Fees & Limits Schedule

View the latest Fee Information Document at https://www.kittycard.com/help/fee-information  
View the latest Fees & Limits Schedule at https://www.kittycard.com/help/fees-limits-schedule

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