Dzing card - Terms & Conditions

Dzing card - Terms & Conditions

This document sets out the terms and conditions for the services provided by: (1) NEBEUS and (2) DZING FINANCE LTD to you (these “Terms”). These Terms along with the fees page at https://support.nebeus.com/portal/en/kb/fees-and-limits (the “Pricelist”) and the privacy policies at https://support.nebeus.com/portal/en/kb/articles/privacy-policy
 form a legal agreement between you and us (this “Agreement”). By signing these Terms you confirm that you have read, understood, and accepted this Agreement.

1. Introduction to NEBEUS and Dzing, information on how to contact us and on how we will contact you

1.1 When the word “NEBEUS” is used in these Terms, this means “Rintral Trading SL”, incorporated and registered in the Barcelona, Spain with company number B66096686 and with its business address Carrer de la Llacuna, 11, 08005, Barcelona, Spain, which operates the website at https://nebeus.com.
When the word “Dzing” is used in these Terms, this means DZING FINANCE LTD, being a private limited company in England and Wales (company number: 11380591) with its head office and registered address at The Long Lodge, 265-269 Kingston Road, Wimbledon, London, United Kingdom, SW19 3NW, UK. Dzing operates the website at https://www.dzing.com/.
When the word “we”, “us” or “our” is used in these Terms, this means collectively NEBEUS and Dzing.
1.2 How you can contact us:

Email us
Call us
 +34 937 37 77 70

Our regular business hours are 9:00 a.m. to 5:00 p.m., UK time, Monday to Friday. This is the best time to contact us if you have a query. You can contact us outside these hours and please do so in the case of an emergency (in the event you have lost your Card (defined in Clause 3.1) or you think that a payment has been executed which you did not authorise).
1.3 Dzing is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (register reference 900993) for the issuing of electronic money.
1.4 “customer”, “I”, “me”, “you” and “your” in these Terms means you, being the individual(s) that wish to use our services and has therefore agreed to these Terms and satisfied our onboarding requirements. Please note that you must be over 18 to use our services.

2. Information on these Terms

We have drafted these Terms in a question-and-answer format so that they are easy to read and understand. However, if you have any queries at all, please do not hesitate to get in touch by calling us or via email at [email protected].
2.1 Why should I read these Terms? You should read these Terms as they apply to the services that we may provide you. They explain your responsibilities to us and our responsibilities to you, how and when these Terms can be terminated and the extent of our liability to you.
2.2 How do I accept these Terms? You can accept these Terms by signing them and providing a scanned copy of these signed Terms to us.
2.3 When do these Terms come into force and when do they terminate? These Terms come into force when you receive a Card and shall remain in force until terminated.
2.4 How can these Terms be terminated? You can terminate these Terms at any time by contacting us at [email protected]. We can terminate these Terms at any time by providing you with 1 months’ notice via email.
2.5 What happens when these Terms are terminated? Among other things, you will no longer be able to use your Card. 
2.6 On agreeing to these Terms and issuing a Card to me, what are NEBEUS and Dzing obligations to me? We will issue Cards for you and you will be provided with information on transactions performed with your Cards.
2.7 On agreeing to these Terms, what are my obligations to NEBEUS and Dzing? By accepting these Terms, you agree to abide by these Terms and pay Dzing the fees set out in the Pricelist.
2.8 Are there any words used in these Terms which might need further explanation? Yes. The following words have the following meaning:
  1. “merchant” means the person that you want to purchase goods and/or services from using your Card.
  2. “Limit” means an aggregate amount of funds you can spend by using one or more of your Cards (including Additional Cards) per monthly period (one aggregate limit for all your Cards), subject to fund availability on the Master Account.
  3. “Master Account” means a NEBEUS master account opened with Dzing to which your Cards is attached and linked
2.9 Is there anything else I should be aware of when reading these Terms? Yes:
  1. These Terms are in English, but for informational purposes only we may make them available in other languages. In case of any discrepancies between the English version and the version produced in another language the English version shall prevail.
  2. When we refer to a business day, we mean a day other than a Saturday or Sunday or a bank holiday in England.
Please find below the list of services with description which are provided by NEBEUS and which are provided by Dzing.
List of Services
Dzing
NEBEUS
Compliance check and onboarding
Customer support
Card (Card, Card settings)


PLEASE NOTE THAT SERVICES DESCRIBED IN THESE TERMS ARE PROVIDED BY NEBEUS AND/OR DZING IF AND WHEN THEY ARE BEING MADE AVAILABLE TO YOU

3. Card

3.1 What is the “Card”? The “Card” means a physical or virtual Mastercard payment card issued under an Dzing EMI license within the co-brand program, registered with Mastercard, allowing a Card holder to make payments: (i) on-line and (ii) in-store and to withdraw cash (in case of a physical Card only). The Card forms part of the Dzing services. There are two types of the Card:
  1. the physical Card - this is a tangible payment card containing a card number, expiry date and CVV number which can be used up until the expiry date of the card;
  2. the virtual Card - this is a non-tangible payment card consisting of a card number, expiry date and CVV number which can be used up until the expiry date of the card.
Virtual Cards can only be used with merchants in non-face-to-face transactions. Physical Cards can be used with merchants, at cash machines that accept Mastercard and as well with merchants in non-face-to-face transactions. Please note that virtual Cards should not be used to purchase an item over the internet that subsequently would require presentment of a physical reference device in order to obtain that item (for example certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person).
3.2 How do I activate the physical and virtual Card? Physical Cards can be activated via customer support. The virtual Card is activated when Card credentials are handed over to you. 
3.3 How do I authorise / provide my consent to spending money or withdrawing cash using a Card? Any use of your Card in the form of providing the merchant with the Card’s 16-digit number, the expiry date, the CVV or by providing PIN number constitutes your authorisation and consent to spending money from your Card.
3.4 Am I able to cancel a payment I have authorised using the Card? No. You cannot cancel a payment once it has been approved.
3.5 Can I withdraw cash using the Card? You can do this by inserting your physical Card in a cash machine, entering your PIN and requesting the amount of money you want to withdraw.
The virtual Card does not allow cash withdrawals.
3.6 Do I have any obligations to keep the Card safe? Yes. You must:
  1. not allow anyone else to use your Card;
  2. only share your Card number, your Card’s expiry date, CVV or PIN with a merchant you wish to purchase goods or service from;
  3. if you think your Card, Card number, your CVV or PIN may be misused, you must call us immediately using the contact details set out in Clause 1.2, so that Dzing can freeze your Card.
3.7 Are there any circumstances where I am not allowed to use the Card? You must not use one or more of your Cards:
  1. in excess of your aggregate Limit;
  2. for any illegal purposes.
3.8 Will Dzing ever refuse to let me spend money using my Card?  Yes, Dzing may does so for one or more of the following reasons:
  1. if Dzing are prevented from doing so for legal or regulatory reasons including if Dzing have to carry out further checks;
  2. if you exceed your aggregate Limit using one or more of your Cards;
  3. if a bankruptcy order is made against you or you've entered into an individual voluntary arrangement with your creditors;
  4. if a third party prevents Dzing from making the payment (for example, if Mastercard ® (hereinafter referred to as “Mastercard” or Visa does not allow a payment or cash withdrawal using your Card);
  5. if you owe Dzing money;
  6. if Dzing has asked you for important information Dzing reasonably needs (which Dzing is obliged to request to fulfil applicable regulatory requirements) and you have not given Dzing that information; or
  7. if Dzing has suspended providing its services to you.
3.9 Are there any circumstances I should be aware of where there is a limit applied to me or my Card(s)? 
Yes, there is:
  1. an aggregate Limit on payments you can make using one or more of your Cards (one aggregate Limit for all your Cards); and
  2. a limit applicable to each of your Cards,
you can check them by contacting the customer support.
For example, you may have Card 1 with monthly limit EUR10,000 and Card 2 with monthly limit EUR10,000 and your aggregate monthly Limit is EUR15,000. You cannot spend more than EUR15,000 in total per monthly period (meaning you can spend EUR10,000 on Card 1 and not more than EUR5,000 on Card 2).
3.10 What happens when a merchant decides to refund money onto my Card? If a merchant gives a refund for a purchase made using the Card, money will be added to the Master Account when Dzing receives the funds from the relevant merchant.
3.11 What if I use my Card to pay a merchant in a currency other than the default currency of the Card?  When you spend money using the Card in a currency other than the currency of your Card, Dzing will use an exchange rate which is a mark-up on rate which Dzing obtains from the wholesale currency markets. Please note that the exchange rate at the time you spend money using the Card may be different to the one which applies when Dzing carries out the currency exchange and deducts money from your Card. Fees may apply, please see Clause 8 for more information. 
3.12 Is there an expiry date for the Card? Yes, the expiry date is printed on the front of each Card. You will not be able to use your Card after the expiry date.
3.13 What if I don’t know the amount which is going to be charged to the Card? Dzing will not decrease the balance on the Card unless you authorise the exact amount to be blocked on your Card. Dzing shall release any blocked funds without undue delay as soon as Dzing is aware of the exact amount of the payment transaction and immediately after receipt of the relevant payment order. You may be entitled to request a refund if the amount charged is unexpectedly large, provided that:
  1. you tell us within eight weeks from the date the funds are deducted from your Card;
  2. you were not told by us, or the merchant, of the amount of that payment at least four weeks before the payment was due to be deducted from your Card and you did not consent to the payment.
Upon receipt of such a request for a refund, we may require you to provide us with the information to ascertain whether the conditions have been met. Within 10 business days of receiving a request from you or of receiving any additional information required under this Clause, Dzing will provide a refund or justify why Dzing is refusing the request. Dzing may charge you with Card transaction refund fee in the amount of 36 GBP/EUR.
3.14 Is there anything else relating to the Card that we should know? Yes:
  1. Dzing is not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with the Card;
  2. Dzing is not liable for the failure of any merchant to accept the Card as a method of payment.
3.15 Can I use my Card in the Apple Pay and Google Pay? Yes, you can use your virtual Card in Apple Pay and Goole Pay. You will be able to use your physical Card in Apple Pay and Google Pay, once such functionally is made available. To set up, please visit the Apple Pay link or Google Pay link respectively and follow the instructions that you can find there:
https://support.apple.com/en-us/HT204506. 
https://support.google.com/wallet/answer/12058983?hl=en#zippy=%2Cwith-the-google-wallet-app.
By using Apple Pay with your Card, you agree with the Apple Pay special conditions at [INSERT URLS], which may be amended from time to time. By using Google Pay with your Card, you agree with the Google Pay special terms and conditions at [INSERT URLS], which may be amended from time to time. Your continued use of the Apple Pay and/or Google Pay with your Card means that you accept the version of the Apple Pay special conditions and/or Google Pay special terms and conditions and/or any other related documents regulating their use which apply at that time.

4. Additional Cards

4.1 Can I allow Cards, linked to my aggregate Limit, to be issued to other people? Yes, these are referred to as “Additional Cards” (which will carry the name of “Partner Card” or other names depending on the product you choose). The Additional Cards form part of the Dzing services. Just make a request via the customer support. You must provide the name, address and date of birth of each person you want to be issued with an Additional Card. Persons you issue Additional Cards to are referred to in these terms as “Additional Cardholders”.
4.2 What money can the Additional Cardholders spend? Additional Cardholders can only spend money or withdraw cash within the limits you set up for the Additional Cards, such limits may not exceed your aggregate Limit. All money spent and cash withdrawn and charges incurred using the Additional Cards will be deducted from funds on the Master Account within your aggregate Limit.
4.3 What terms and conditions apply to the Additional Card? These Terms apply to each Additional Card. You have to ensure that each Card holder complies with the terms which apply to Cards in this Agreement.
4.4 What is my liability for Additional Cards? You are responsible for all actions taken by Additional Cardholders (for example, authorising spending or withdrawing cash) and consequences for failure by the Additional Cardholder to comply with the terms which apply to the Cards (for example, keeping the Additional Card safe).
4.5 When does the Additional Card expire? If your Card expires, the Additional Card will also expire even if the expiry date printed on an Additional Card is later than that on your Card.

5. What happens if something goes wrong?

5.1 What if I think that my Card has been used without my authorisation? If this is the case, you must contact us as soon as possible and in any event within 3 months of the date of the payment by email to [email protected].
5.2 When might I be entitled to a refund? You are entitled to a refund where at least one of the following is true:
  1. you couldn’t have known that your Card was at risk of being misused prior to it being misused or, where relevant, you and/or the Additional Cardholder couldn’t have known that the Additional Card was at risk of being misused prior to it being misused;
  2. the payment happened because someone Dzing is responsible for made a mistake;
  3. the payment was taken after you/Additional Cardholder told us that: (1) someone could gain access to your Card / Additional Card, (2) someone knew your Card’s/Additional Card’s PIN, or (3) your Card / Additional Card was lost or stolen, and if we had acted on this information, this would have prevented your loss;
  4. we didn’t give you a way to tell us about the circumstances set out in Clauses 5.2(a) and 5.2(c) and if we had so done, this would have prevented the loss;
  5. the law required us to make you follow certain security procedures when you instructed us to make the payment and we didn’t do this.
5.3 Are there any circumstances where I am not entitled to a full refund in accordance with Clause 5.2? Yes, you will be liable for up to 35GBP of losses arising from the use of a lost or stolen Card unless one of the circumstances in Clause 5.2(a) to (e) applies in which case we are fully liable.
5.4 Are there any circumstances where I am not entitled to any refund in accordance with Clause 5.2? Yes. Dzing will not refund you any money if you have acted fraudulently or have intentionally or carelessly failed to keep passwords or the Cards safe (unless you told us about this before the payment was taken from you). 
5.5 If I am entitled to a refund in accordance with Clause 5.2, how long will this take? Dzing will refund you by the end of the business day following the day Dzing becomes aware, unless Dzing suspects fraud and notifies the appropriate authorities.

6. Information we require and checks we carry out when onboarding you as a client and throughout the term of our relationship

6.1 Am I required to provide any documentation or information prior to issuing a Card to me? Yes, we require documentation and information from you. We do this to comply with our legal and regulatory obligations. The minimum set of information and documents we require to register with us and start using our Card is always available via NEBEUS. We may require additional documentation and information from you during the lifetime of these Terms.
If you do not provide us with the information or documentation that we require we may withhold our services or not be in a position to comply with your instructions or process transactions until such time as we receive the documentation or information that we require.
6.2 Does Dzing carry out electronic verification checks and, if so, what is the effect of this? Yes, Dzing or someone acting for Dzing may carry out electronic verification checks in order to verify your identity. This will leave a soft footprint on your credit history. By agreeing to these Terms, you consent to such searches being carried out.

7. Are there any circumstances where Dzing may close or suspend access to the Card?

Dzing may close or suspend your access to your Card:
  1. on reasonable grounds relating to the security of the Card or the suspected unauthorised or fraudulent use of the Card;
  2. immediately in the following circumstances:
    1. if Dzing has good reason to suspect that you are behaving fraudulently;
    2. if Dzing reasonably believes that Dzing needs to do so to comply with the rules of the payment system under which your Card is issued;
    3. if you haven’t given us (or someone acting on our behalf) any information we need, or we have a good reason to believe that the information you have provided is incorrect or not true;
    4. if you’ve broken these Terms in a serious or persistent way and you haven’t put the matter right within a reasonable time of us asking you to;
    5. if Dzing has good reason to believe that you continuing to use the Card could damage our reputation or goodwill;
    6. if we have asked you to repay money you owe us and you have not done so within a reasonable period of time;
    7. if you’ve been declared bankrupt; or
    8. if Dzing has to do so under any law, regulation, court order or ombudsman’s instructions.

8. Fees and interest

8.1 Will I be charged with any fees? Yes, the charges for Dzing services are going to be displayed on the Pricelist. Fees for Dzing services are in EUR and GBP only. If we charge fees in other currencies, the fee will be converted using the exchange rate at the time of the deduction of the respective fee.
8.2 Are there any third-party fees I should be aware of? In some circumstances a number of intermediaries may be involved in an international transfer of currency, and such intermediaries may charge fees and expenses. The charges will in most cases (but not always) be deducted prior to its delivery. These charges are beyond Dzing control and whilst Dzing will endeavour to minimise these for you wherever possible, those charges cannot always be calculated in advance.
8.3 Are there any fees for Card transaction refund? Please see Clause 3.13. 

9. Other important general terms

9.1 How does personal data is being processed? Information on how Dzing process your personal data is set out in the privacy policy, which is available at dzing.com. Information on how NEBEUS processes your personal data is set out in the privacy policy, which is available at https://support.nebeus.com/portal/en/kb/articles/privacy-policy.
9.2 What are Dzing/NEBEUS obligations of confidentiality? We shall keep your confidential information confidential and shall not use such confidential information except for the purpose of exercising or performing our rights and obligations.
9.3 Are there any exceptions to obligation of confidentiality? Yes. The obligations of the confidentiality shall not apply to any information that:
  1. is or becomes generally available to the public; or
  2. was, is or becomes available to us on a non-confidential basis from a person who, to the best of our knowledge, is not bound by a confidentiality agreement or is otherwise prohibited from disclosing the information to us.
In addition, we may disclose confidential information to:
  1. our staff and any partners, provided that we ensure that such persons be bound by obligations which are similar to those set out in these Terms;
  2. to the extent required to by law or by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction;
  3. the bank Dzing uses to provide Dzing with banking facilities, such bank will be able to access your confidential information in the normal course of its business.
9.4 What happens to confidential information on termination of these Terms? On termination of these Terms, we shall keep your confidential information safe and shall not be under an obligation to return it to you or delete it unless required to do so by law. Accordingly, the provisions of this Clause shall continue to apply after termination of these Terms.
9.5 What happens if I die? If you die, your Card will be closed and the Terms will be terminated.
9.6 What information can I receive on intellectual property rights? We own all the intellectual property in our products and services (for example, the Card). You must not use our intellectual property as your own, except to enjoy our products and services. You also must not reverse-engineer any of our products or services (that is, reproduce them after a detailed examination of their construction or composition).
9.7 How do I make a complaint about the service? If you feel that we have not met your expectations in the delivery of our services or if you think we have made a mistake, please let us know. You may let us know by telephone or email using the contact details provided in Clause 1.2. We will try to resolve any complaints you have about your Card or the service we provide to you within 15 business days of receiving your complaint and in exceptional circumstances, within 35 business days (and we will let you know if this is the case). We have internal procedures for handling complaints fairly and promptly. A copy of our complaints’ procedure is available upon request.
9.8 What if I am still not happy once Dzing/NEBEUS have responded to my complaint? If you are still not happy once we have responded to your complaint, if your complaint falls within the Financial Ombudsman Service’s jurisdiction, you may be able to take your complaint to the Financial Ombudsman Service. Eligibility criteria and information on the procedures involved are available on the following weblink financial-ombudsman.org.uk.
9.9 Which laws govern these Terms? These Terms and any contract to which these Terms apply and any disputes or claims arising out of or in connection with these Terms or any such contract or its or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England.
9.10 Where can I bring legal proceedings in relation to these Terms? You might prefer to exhaust our complaints procedures before taking legal proceedings in court. However, if you wish to take legal proceedings in court, you can bring proceedings in the courts of England & Wales. In addition:
  1. if you live in Scotland, you can also bring legal proceedings in the Scottish courts;
  2. if you live in Northern Ireland, you can bring proceedings in the Northern Irish courts.
9.11 Who can make changes to these Terms? You are unable to make changes to these Terms. If we add a new product or service that doesn’t change the existing Terms, we may add the product or service immediately and let you know the applicable terms before you use it. Otherwise, we may amend these Terms by giving you no less than 2 months’ notice in writing. If you object to the proposed amendments, you have the right to terminate these Terms before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate these Terms before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective. If we change these Terms, the updated terms will be available on NEBEUS website from the date the change takes place.
9.12 Can this Agreement and associated contracts be transferred to another person? Yes, we may transfer our rights and obligations under these Terms and any associated contract to another organisation without your consent. We will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under these Terms or any associated contract. You may only transfer your rights or your obligations under these Terms or any associated contract to another person if Dzing agrees to this in writing.
9.13 Can I obtain a copy of these Terms? A copy of these Terms and the privacy policy will always be available on the NEBEUS website, and by contacting us using the contact details set out in Clause 1.2.
9.14 What if something unexpected happens? If any abnormal or unforeseeable circumstances happens outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) which prevents us from providing our usual service, we shall not be liable for the same.
9.15 What if there are delays in taking action? 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 breach of these Terms or any contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. 
9.16 What if a court decides that a Clause of these Terms is unlawful? If any court or other competent authority decides that any Clause of these Terms is unlawful, the remaining Clauses of these Terms will remain in full force and effect.

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