Quicko is a provider of Products (as described to you by Partner
Platform), which includes the provision of an electronic money account for
businesses and associated payment services. The electronic money account is
provided by Quicko. These Introduced Client Terms of Business govern the Quicko
Products that Quicko agrees to provide to the Introduced Client.
Quicko is authorised to provide payment services as a National Payment
Institution (NPI), referred to in art. 60 s. 1 UUP. The current scope of
services covered by the permit can be found at:
https://www.knf.gov.pl/podmioty/wyszukiwarka_podmiotow#2448926
These Introduced Client Terms of Business (including all the attached Schedules), together with the Quicko Account Terms and Conditions set out the terms on which the Quicko Products are provided and constitute the Agreement between Quicko and the Introduced Client.
1. Interpretation
1.1. In these Introduced Client Terms of Business:
(a) a reference to a clause is a reference to a clause in these Introduced Client Terms of Business;
(b) headings are for reference only and shall not affect the interpretation ofthese introduced Client Terms of Business;
c) the singular shall include the plural and vice versa;
(d) a reference to a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns;
(e) a reference to a party shall include its personal representatives, successors and permitted assigns;
(f) reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
2.
Quicko Products
3.
Authorised Users
4.
Accessing Quicko Products through a Partner Platform
5.
Customer Services
6.
Term and Termination
(i) is unable to satisfy the Due Diligence Procedures,
(ii) for breach of this Agreement,
(iii) has provided false, incomplete or misleading information,
(iv) has engaged in fraudulent, money laundering, terrorism financing or other
illegal activity or we have reasonable suspicions in respect of same or
(v) We are
required to do so under any applicable law or regulation or at the direction of
any regulatory, law enforcement or other competent authority. Quicko shall
notify you as soon as possible, unless prohibited by law, of such suspension or
termination of the Agreement.
7.
Intellectual Property
8.
Force Majeure
9.
Assignment Transfer and Subcontracting
10.
Liability
11.
Reports
12.
Data Privacy
13.
Changes to the Agreement
14.
General
1. Introduction
1.1. The terms of Schedule 1 shall apply where Virtual Cards and/or Physical Cards are included within the Quicko Products.
2. Transactions Disputes and Chargebacks
2.1. For the purposes of these Introduced Client Terms of Business, a “Chargeback” means a refund of a Card Transaction after the Introduced Client (or Quicko FS on its behalf) successfully disputes the Card Transaction as permitted by the Card Scheme rules.
2.2. The Introduced Client shall provide Quicko with all relevant information in relation to Virtual Card Transaction as may be required by Quicko to resolve the dispute in accordance with applicable law and, where applicable, to raise a Chargeback in accordance with Card Scheme rules.
2.3. The Introduced Client agrees that the Card Scheme’s decision on the validity of the Chargeback is final and binding and that in the event a Chargeback is not successful or is subsequently reversed the Introduced Client will be liable for the amount of the disputed Card Transaction.
2.4. Quicko shall at its discretion not refund a Chargeback to the Introduced Client until the relevant challenge periods have passed under the relevant Card Scheme rules unless it is required to do so under relevant law or regulation.
3. Cardholder
3.1. Where corporate Cards are made available to the Introduced Client as part of Quicko Products, the Introduced Client will be able to designate individuals as Cardholders permitted to use certain Cards.
3.2. The Introduced Client must notify Quicko of all individuals it wishes to be Cardholders and shall not permit any other person to use the Cards.
3.3. The Introduced Client shall be responsible for ensuring that each Cardholder is informed of the Quicko Account Terms and Conditions as they apply to the Cards and the Introduced Client shall ensure that the Cardholder complies with them.
3.4. In addition to clause 3.3 above, the Introduced Client shall be responsible for ensuring that each Cardholder reads and accepts the Quicko Corporate Cardholder Terms and Conditions, which shall be made available to the Cardholder by the Introduced Client. Introduced Client shall keep a record of each Cardholder’s confirmation given in accordance with this clause and shall promptly make such records available to Quicko on request.
3.5. The Introduced Client shall ensure its Cardholders take all reasonable care to keep any security credentials relating to the use of Cards, such as a PIN or any access or similar codes, where applicable, confidential and in accordance with the Quicko Account Terms and Conditions and Corporate Cardholder Terms and Conditions.
3.6. The Introduced Client acknowledges and agrees that each Cardholder is authorised by the Introduced Client to act on its behalf. Quicko shall deem any instruction given by a Cardholder with respect to Card Transactions as an instruction given by the Introduced Client and the Introduced Client shall be responsible for all actions and the use of Physical Cards by any Cardholder.
3.7. In the event of any changes to this Agreement, Quicko Account Terms and Conditions and/or the Quicko Corporate Cardholder Terms and Conditions, or if the Introduced Client’s Account and/or Card is suspended, cancelled or terminated, it is the Introduced Client’s responsibility to communicate any such changes and/or any information regarding the suspension, cancellation or termination to each Cardholder.
4. Withdrawal of Cards; Change of Card Scheme
4.1. Quicko reserves the right to:
4.1.1. cease providing Cards as part of Quicko Products for any reason;
4.1.2. provide Cards issued under a different Card Scheme.
The Quicko Account Terms and Conditions; Important information you need to know
Please read these Terms and Conditions carefully before you agree to use an Account or any related services provided by or through us.
These Terms and Conditions, together with the Introduced Client Terms of Business constitute the entire agreement between Quicko and you.
By accepting the Quicko Account Terms and Conditions you accept the terms of the Agreement, or by agreeing to open an Account and/or using our services, you accept these Terms and Conditions. If there is anything you do not understand, please contact Customer Services.
DEFINITIONS
3DS - means the EMV 3DS service offered by us for you or a Cardholder to use when you or a Cardholder make a purchase or place an order on the internet with your Card.
Account - The electronic money account, also known as Quicko Account provided by us in accordance with these Terms and Conditions.
Account Information Service Provider – means a third-party payment service provider who is authorised by or registered with the Central Bank of Ireland or another European regulator to provide online account information services, who, with your permission will be able to access certain online account information on one or more payment accounts held by you to give you a consolidated view of your payment accounts.
Account Limits – any limit that applies in relation to your Account and/or Card, such as account maximum balance, and limits on receiving and sending payments from your Account as referred to in paragraph 2.
Account Manager - The individual elected by the Account Owner to be responsible for the management of the Account, also known as an “Authorised User”.
Account Owner – The entity legally responsible for an Account.
Agreement - The agreement for your Account is made up of these Terms and Conditions, together with the Introduced Client Terms of Business, which constitute the entire agreement between you and Quicko.
Application Programming Interface (API) – means the interfaces provided by Quicko to the Introduced Client (and the Partner Platform on the Introduced Client’s behalf) to directly instruct Quicko Accounts via the Introduced Client’s or the Partner Platform’s own application.
AML Policy - Quicko’s written policy on anti-money laundering and counter-terrorist financing may be amended from time to time by Quicko.
Applicant – A customer of the Partner Platform who applies for Quicko Products but is yet to be accepted by Quicko as an Introduced Client.
Available Balance - The value of funds available on your Account.
Bacs Credit – Means Bacs Direct Credit. A service enabling organisations to make payments to an account which takes 3 Business Days for the funds to be cleared.
Business Days - Monday to Friday between the hours of 9 am-5 pm but does not include bank holidays, or public holidays in the Republic of Ireland.
Card – means a Virtual Card or a Physical Card.
Cardholder - means the individual authorised to use the Physical or Virtual Card issued to you.
Card Scheme -Mastercard and/or Visa or such other payment network through which Card Transactions are processed as may be made available to you from time to time.
Card Transaction –means a Virtual Card Transaction or a Physical Card Transaction.
CHAPS – the Clearing House Automated Payment System, a service enabling organisations to make same-day payments to an account within the UK, within the CHAPS operating days and times.
Chargeback- has the meaning given to it in Schedule 1 of the Introduced Client Terms of Business.
Confidential Information - any information (whether or not recorded in documentary form, or stored on any magnetic or optical disk or memory) relating to the business, products, affairs, strategy, contracts, customer relationships, commercial pipelines, business contacts, prospective customers, existing customers, business models, customer pricing, management systems, business methods, corporate plans, maturing new business opportunities, research and development projects, marketing and sales information, sales targets and statistics, discount structures, suppliers and potential suppliers, source codes, computer programs inventions, know-how, technical specifications and other technical information relating to products and services.
Customer Services - The contact centre for dealing with queries about your Account.
Data Protection Laws – means all laws relating to the processing of Personal Data, privacy and security, including, without limitation, the EU Data Protection Directive 95/46/EC, the Data Protection Acts, 1988 to 2018 (as may be amended from time to time), the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No 336 of 2011) and the General Data Protection Regulations (EU) 2016/679 ("GDPR") together with equivalent legislation of any other applicable jurisdiction, delegated legislation of other national data protection legislation, and all other applicable law, regulations and approved codes of conduct, certifications, seals or marks in any relevant jurisdiction relating to the processing of personal data including the opinions, guidance, advice, directions, orders and codes of practice issued or approved by a supervisory authority or the European Data Protection Board;
Due Diligence Procedure - Quicko’s procedures for carrying out due diligence on Introduced Clients in order to comply with its policies and regulatory obligations.
Faster Payment - A service allowing you to make and receive electronic GBP payments in which are received by the recipient bank within 2 hours provided that the receiving organisation or bank is part of the Faster Payments Scheme.
Information – Means any information related to the organisation and any personal information related to the Account Manager or the Cardholder.
Intellectual Property Rights – means without limitation all patents (including models and inventions), trademarks, service marks, trade names, internet designations including domain names, business names, copyrights, design rights, database rights, rights to or in computer software, know-how, trade secrets, rights to or in confidential information and all other intellectual property rights and rights or forms of protection of a similar nature or effect which may subsist anywhere in the world whether or not registered or capable of registration, together with all applications for registration of, and any licence to use, any of the foregoing and "Intellectual Property" shall be construed accordingly;
Introduced Client – Any client of Quicko who has been introduced by the Partner Platform and whose account is operated by the Partner Platform based on instructions the Partner Platform receives from the Introduced Client (where relevant).
Introduced Client Terms of Business - The terms on which Quicko provides Quicko Products to the Introduced Client.
Merchant- means a merchant authorised to accept Card Scheme-branded Cards.
Quicko Account Terms and Conditions - This agreement, between Quicko and the Introduced Client governs the terms on which the Introduced Client may use its Account.
a.
Quicko Products
– those products, including but not limited to the Account described by the
Partner Platform in the application process.
Quicko sp. z o.o. with its registered office in Tarnowskie
Góry, at ul. Sienkiewicza 49, 42-600 Tarnowskie Góry, registered in the
Register of Entrepreneurs of the National Court Register kept by the District
Court in Gliwice, 10th Commercial Division of the National Court the e-mail
address provided by the Customer when creating an account in the Customer
Panel),
b. the Access Password set by the Customer,
c. a one-time Password sent to the Customer's e-mail address.
1. If the Customer enters the login or access password incorrectly three times, it will be locked. In this case, in order to unlock access to the Customer Panel, the Customer should contact Quicko or the Partner via the Helpline or wait until access to the Customer Panel unlocks itself.
2. Providing the login and password by the Customer (including the person indicated by them) is required for each login to the Customer Panel.
3. For security reasons, some activities performed in the Customer Panel, including instructions regarding services and products and Payment Orders, require additional Authorisation. Authentication takes place by providing in the Customer Panel a one-time Password sent by Quicko to the e-mail address indicated by the Customer.
4. In the Customer Panel, the Customer indicates the e-mail address to which the One Time Password required for the Authorisation of Payment Orders requiring additional Authorisation will be sent.
5.
Quicko
reserves the right to temporarily change the method of access to the Customer
Panel for security reasons or in the event of the need to carry out technical
works. In this case, the Customer will be notified in advance of the new access
method.
1. Using the Customer Panel, the Customer can gain:
a. access to Quicko Accounts,
b. the possibility of executing Payment Orders.
2. In particular, the Customer Panel may enable the Customer to:
a. register and log in to the Customer's individual account,
b. manage the Customer's profile and security,
c. access Account information, including account number and currency information,
d. access the history of Account transactions,
e. access the current balance of the Accounts,
f. submit Payment Orders,
g. activate a Card,
h. change the range of products held with Quicko,
i. submit an application for the opening of another Account,
j. change the Transaction Limits,
k. select the form of sending the Statement in written or electronic form,
l. change the data of the person authorised to use the Customer Panel,
m. get information about current Quicko products.
3. Quicko reserves the right to further update and expand the Customer Panel with additional functions. Up-to-date information on all available functionalities of the Customer Panel is available in the Quicko Portal.
4. Quicko reserves the right to change the functionality of the Customer Panel depending on the Partner, who cooperates with the Customer and Quicko.
5.
The
scope of activities that can be performed through the Customer Panel is
contained in these Terms of Service.
1. Quicko executes the instruction of the Customer Payment Order placed with use of the Customer Panel.
2. Quicko refuses to execute orders related to participation in gambling, the subject of which would be the performance of payment services, unless the game is conducted in accordance with the Polish Gambling Act.
3. Quicko executes orders up to the established Transaction Limit (quantitative and concerning the amounts). Quicko refuses to execute orders that exceed the established Transaction Limit or the amount of funds collected on the Customer's account.
4. Quicko executes Transactions after their Authorisation by the Customer. The authorisation of the payment order by the Customer constitutes their consent to execute the Payment Transaction.
5. The Customer may also grant consent for the execution of the Payment Transaction through the Payee, the Payee's Supplier or the Supplier providing the Transaction initiation service.
6. The Customer authorises the Payment Order by:
a. selecting the acceptance button in the Customer Panel,
b. selecting the acceptance button in the Customer Panel and providing a correct One Time Password - in the case of those transactions that, due to applicable law or security reasons, require additional Authorisation.
7. In the absence of correct Authorisation of the Payment Order, Quicko refuses to execute it.
8. The moment of receipt by Quicko of the Payment Order submitted with use of the Customer Panel is considered to be the moment of authorisation of the Payment Order.
9. The Customer may cancel the Payment Order until it is received by Quicko.
10. Quicko refuses to execute the Payment Order in the case of:
a. lack of sufficient funds in the Account selected to execute this Transaction,
b. exceeding the Transaction Limit,
c. lack of Payment Order Authorisation,
d. provision of incomplete or incorrect information necessary to execute the Payment Order to Quicko,
e. doubts as to the identity of the person submitting the Payment Order or its authenticity.
f. non-compliance of the Payment Order with the law (including in the event of a reasonable suspicion that it may be related to money laundering or terrorist financing (AML)).
11. The Customer will immediately receive notification of the refusal to execute the Payment Order by the Customer Panel and the reason for the refusal, unless such notification is inadmissible under separate provisions.
12. In the event that Quicko receives a Payment Order on a day that is not a Business Day, the Payment Order shall be deemed to have been received on the first Business Day thereafter.
13. The maximum execution time of the payment service provided by Quicko is 1 Business Day.
1. These security rules listed below apply to Customers using the Customer Panel or Quicko Application or persons indicated by Business Customers to use the Customer Panel.
2. Always protect login and authorisation data, as well as the content of messages received from Quicko, take care of their confidentiality and do not share them with third parties.
3. When entering login and authorisation data, care should be taken to ensure that they are entered in a place and in a manner that prevents their disclosure to third parties.
4. In the event of disclosure or suspicion of disclosure of Customer identification data, the Access Password should be changed immediately.
5. Log out of the Quicko System in case of departure or absence from the device.
6. Do not leave devices on which the Quicko System is installed/used unattended.
7. When using the Quicko System always make sure that the connection is encrypted (a closed padlock symbol next to a website address starting with https).
8. Before authorising a Payment Order, one should always make sure that the Transaction data is correct.
9. When receiving a One Time Password from Quicko or a Partner, one should carefully read its content, noting any discrepancies with the submitted Payment Order.
10. Only use legal and up-to-date software, including anti-virus software.
11. One should not install applications that do not originate from safe sources on the device.
12. Do not log into the Quicko System while using an unknown, publicly available or unsecured Internet network.
13. Caution is advised when opening emails from suspicious senders.
14. Any suspicious circumstances related to the use of the Quicko System should be reported to Quicko immediately.
[Opening of Account]
1. Quicko provides the services of opening and maintaining the following Accounts:
a. PLN accounts,
b. Currency Accounts.
2. Current information on Accounts, including available currencies for Currency Accounts, is made available in the Quicko System.
3. Quicko opens and maintains a PLN Account for the Individual Customer, on the basis of the Agreement on opening and maintaining an Account concluded under the Framework Agreement.
4. The Individual Customer receives a confirmation of the opening of the Account from Quicko, containing information about the individual Account number immediately after the conclusion of the Agreement on the opening and maintenance of the Account, via the Quicko Application.
5. With the conclusion of the Card Agreement or the submission of the Card Issue Order, Quicko opens and maintains a Card Account associated with the Card, which is a technical account.
6. Quicko reserves the right to refuse to open and keep an Account or temporarily block it in the event of negative verification of the Individual Customer's data or suspicion of acting contrary to applicable regulations, in particular if there is a reasonable suspicion of the possibility of acting contrary to the provisions of AML.
[Opening subsequent Accounts]
7. An Individual Customer may hold more than one Account.
The opening of the nex Register, under the KRS number 0000350151, NIP 5213540295, REGON 142004870, holding the license of National Payment Institution number IP52/2021.
One-Time Passcode – means the six-digit passcode sent to your mobile phone number by us, via SMS.
Online Portal – means the interface provided by Quicko for the Introduced Client to access via the public internet, subject to applicability based on the Introduced Client’s relationship with the Partner Platform and can be used for the management of accounts.
Payment Initiation Service Provider – means a third-party payment service provider authorised by or registered with the Central Bank of Ireland or another European regulator to provide an online service to initiate a Transaction at your request on your Account.
Partner Platform – A third party that is permitted by Quicko to introduce and act on behalf of Introduced Clients, and permitted by you to act as an Authorised User.
Partner Platform Agreement - an agreement between the Introduced Client and the Partner Platform for the provision of various services, under the terms of which the Introduced Client wishes to open an Account with Quicko to be used for the purpose and in accordance with the terms set out in the Partner Platform Agreement.
Physical Card - means a physical card-based payment instrument issued by us to you which uses the Card Scheme payments network and may be used to make Physical Card Transactions.
Physical Card Transaction - means the use of a Physical Card to make a payment to a Merchant.
Regulator – the Narodowy Bank
Polski, located at Świętokrzyska
11/21
00-919 Warszawa or any
authority, body or person having, or who has had, responsibility for the
supervision or regulation of any regulated activities or other financial
services in the Republic of Poland.
SEPA – Single Euro Payments Area scheme, which allows payments to be made in euros within the EEA.
SEPA Instant Payments - electronic retail payment solutions available 24/7/365 and resulting in the immediate or close-to-immediate interbank clearing of the transaction and crediting of the payee's account with confirmation to the payer (within seconds of payment initiation).
SEPA Credit Transfer (SEPA SCT) - a non-urgent euro payment debiting a euro account and crediting another euro account in the SEPA zone.
Transaction – any debit, credit or other adjustment to an Account that affects the balance of monies held in it, including a Card Transaction.
TPP (Third Party Provider) – means an Account Information Service Provider or a Payment Initiation Service Provider.
we, us, our or Quicko - Quicko sp. z o.o. with its registered office in Tarnowskie Góry, at ul. Sienkiewicza 49, 42-600 Tarnowskie Góry, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under the KRS number 0000350151, NIP 5213540295, REGON 142004870, holding the license of National Payment Institution number IP52/2021.
Virtual Card – means a virtual card-based payment instrument consisting of (amongst other things) a unique 16-digit account number issued to you by us which uses the Card Scheme payments network and may be used to make Virtual Card Transactions.
Virtual Card Transaction – means the use of a Virtual Card to make a payment to a Merchant.
Website – means the customer portal that Introduced Clients can log in to in order to use the Quicko Products.
you, your - The Account Owner, also referred to as an Introduced Client.
2. ACCOUNT & CARD LIMITS
2.1 Limits may apply to the balance on your Account at any time, the maximum value of an individual payment Transaction, the maximum Virtual Transaction value per Card, the maximum aggregate value of all payment Transactions made from your Account or Cards in a particular time period e.g. during any one Business Day and the maximum number of payment Transactions made from your Account over a particular timeframe. Your Cards may also have certain Card Transaction types disabled, such as cash withdrawals at an ATM.
2.2 The limits and restrictions that apply to your Account and Card will be communicated to you during the Account set-up process and/or before the Card is issued to you (as applicable). These limits may also change over time based on your Account and/or Card usage; any such change will be communicated to you. You can check the limits at any time by contacting Customer Services. You should not make a payment Transaction request which exceeds such.
2.3 From time to time a Card Transaction may be authorised which exceeds the limit or restriction applicable to your Account or Card, for example when it is used in an offline environment for example but not limited to payments for or on transport (purchases on a train, aeroplane, underground or toll payments). In such circumstances, a negative balance on your Account may occur. In this case, the process in paragraphs 5.13 to 5.15 inclusive will apply.
2.4 Certain Merchants may require verification that the funds held on your Account will cover the Card Transaction amount and will place a “pre-authorisation” on your Card. This amount will be unavailable to you until the Card Transaction is completed or released by the Merchant. The pre-authorisation allows the Merchant up to 30 days to claim and settle any funds owed to them from the Card. Examples include but are not limited to hotels and rental cars. If there are insufficient funds available in your Account, Quicko must still make this settlement, which may result in a negative balance on your Account. In this case, the process in paragraphs 5.12 to 5.14 inclusive will apply.
2.5 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 do not disclose them.
3. SCOPE OF THESE TERMS AND CONDITIONS
3.1 Your Account is an electronic money account (and therefore is not a traditional bank account) and the electronic money and any Card associated with it is issued to you by us. We are regulated by the Central Bank of Poland for the issuance of electronic money. Your rights and obligations relating to the use of this Account are subject to these Terms and Conditions between you and us.
3.2 The types of Transactions enabled for your Account will be explained to you by the Partner Platform, or as subsequently enabled by us. The terms of these Quicko Account Terms and Conditions applicable to specific Transactions or payment types (for example, Cards) apply only to the extent that such Transactions or payment types are enabled for your Account.
3.3 This Agreement is written and available only in English and we undertake to communicate with you in English regarding any aspect of your Account.
3.4 You agree that we or the Partner Platform may communicate with you by e-mail or telephone for issuing any notices or information about your Account and therefore it is important that you ensure you keep your e-mail address and mobile phone number updated.
3.5 You can request a copy of these Terms and Conditions at any time by contacting Customer Services.
4. OPENING YOUR ACCOUNT
4.1 Your Account will be opened on your behalf by the Partner Platform. You may only hold an Account so long as you remain an approved client of the Partner Platform that provided you with your account details.
5. USING THE ACCOUNT
5.1 Your Account can receive bank transfers and other payment types as added and notified to you by Quicko from time to time. Subject to paragraph 5.3, we will credit your Account when we receive the funds which could be up to three Business Days after the payment being instructed, depending on how the payment was sent.
5.2 Your Account can also receive internal transfers from other Quicko Accounts owned or controlled by the Partner Platform, which apply instantly.
5.3 An incoming payment will not be credited to your Account if:
5.3.1 the Account has reached the Account Maximum Balance or Account Limits; or
5.3.2 the Account is inactive or blocked or terminated; or
5.3.3 the sender has provided incorrect/invalid Account Details for your Account; or
5.3.4 we suspect the payment to be fraudulent.
5.4 If we are unable to credit your Account for any of the reasons in paragraph 5.3 then the funds may be sent back to the sender without a prior notification to you.
5.5 Your Account will be configured and operated by the Partner Platform. You agree that Quicko and we may take instructions from the Partner Platform regarding the operation of your Account, including the creation of beneficiaries and instruction of payments, on your behalf. We and Quicko have no liability for actions taken by the Partner Platform. If you disagree with any actions taken by the Partner Platform these should be discussed with the Partner Platform. We are also authorised to take instructions from any other Account Manager (where different from Partner Platform) and, with respect to Physical Card Transactions, from the Cardholder. You are responsible for all actions of the Account Manager and any Cardholder in relation to the Account and/or Card(s).
5.6 Your Account can make payments out to external bank accounts via SEPA, Faster Payments and other methods as added and notified to you by the Partner Platform from time to time.
5.7 Where Cards are made available to you, your Account can be used to fund Card Transactions. You or your Account Manager or Partner Platform can request a Virtual Card or a Physical Card to be issued to you via the Online Portal or Quicko API. The value of the Virtual Card Transaction, together with any applicable fees and charges, will be deducted from your Account once we receive the authorisation request from the Merchant.
5.8 If the Card Transaction is made in a currency other than the currency the Card is denominated in, the Card Transaction will be converted to the currency of the Card by the relevant Card Scheme at a rate set by it on the day we receive details of the Card Transaction. The exchange rate varies throughout the day and is not set by us. You can check the relevant Card Scheme rate as follows.
Mastercard Card Scheme rate at: https://www.mastercard.co.uk/en-gb/consumers/get-support/convert-currency.html;
VISA Card Scheme rate at: https://www.visa.co.uk/support/consumer/travel-support/exchange-rate-calculator.html.
5.9 If you use the Card to make a purchase online you may be asked by the Merchant to use 3DS. Physical Cards are automatically enrolled for use with 3DS. When you use 3DS, you agree that the following shall apply in relation to your use of the Card:
5.9.1 You must provide us with your mobile phone number before you can use 3DS. You must ensure that your mobile phone can receive SMS at the time of your purchase.
5.9.2 When you use 3DS to purchase from a participating Merchant, you will be presented with an electronic receipt and the One-Time Passcode will be sent to your mobile phone.
5.9.3 Without your One-Time Passcode, you will not be able to make purchases from participating Merchants.
5.9.4 If you update your mobile phone number then you must notify us immediately of your new details, to ensure our records are correct.
5.9.5 The One-Time Passcode is valid for the purchase you received it for. You are responsible for the security and confidentiality of your One-Time Passcode and must not share it with anyone else.
5.9.6 You will be responsible for any fees or charges imposed by your mobile phone service provider in connection with your use of 3DS.
5.10 A Transaction is deemed to be authorised by you when you or your Account Manager or Partner Platform:
5.10.1 enters the security information on the Quicko Online Portal to confirm a Transaction is authorised, or when it is instructed via the Quicko API with the relevant security credentials;
5.10.2 when you or your Account Manager or Partner Platform submits a request for the creation of a Virtual Card via the Online Portal or Quicko API, you shall be deemed to have authorised any subsequent Virtual Card Transaction made using such Virtual Card up to the authorisation value specified when creating the request for creation of the Virtual Card;
5.10.3 when you or the Cardholder
(i) Enter a
PIN or provide any other security credentials;
(ii) sign a sales voucher;
(iii) provide the Physical Card details and/or provide any other details as
requested; (iv) wave/swipe the Physical Card over a card reader; or
(v) Insert the
Physical Card into a card device or an ATM;
5.10.4 when you give instructions through a third party (such as the recipient of a Payment Initiation Service Provider).
Once the Transaction is confirmed, we cannot revoke the Transaction save for those circumstances set out in paragraph 5.8 below.
5.11 You can cancel any Transaction which is agreed to take place on a date later than the date you authorised it, provided that you give us notice to cancel no later than close of business on the Business Day before the Transaction was due to take place.
5.12 Cancelling a recurring Card Transaction with us will not cancel the agreement with the organisation you are paying. It is your responsibility to tell the organisation collecting the payment about the changes to your instructions.
5.13 If for any reason whatsoever, a negative balance arises because a Transaction is completed when there are not enough funds on your Account for that Transaction, you shall reimburse the negative balance amount immediately, unless circumstances described in sections 5.14 and 5.15 apply. You agree that once we make this negative balance known to you, we will charge you the amount of the negative balance and you must repay it immediately. We may charge the amount of the negative balance against any funds on your Account, including any subsequently loaded funds. Until we are reimbursed this negative balance amount, we may arrange for your Account, including Card(s) to be suspended. We may also report the negative balance to credit reference agencies.
5.14 Where a negative balance arises because of an error on the part of a Merchant where the Card Transaction occurred, we will seek to recover the negative balance amount from the Merchant.
5.15 Where a negative balance arises because of an error on the part of the recipient of the payment or us, we will seek to recover the negative balance amount from the person who made the error.
5.16 The Available Balance on your Account will not earn any interest.
5.17 You can check the balance and Transaction history of your Account at any time via the interface provided to you by the Partner Platform or by contacting Customer Services, or the Online Portal if you have relevant access details.
5.18 You will be provided with a monthly statement free of charge setting out information relating to individual payment Transactions by the Partner Platform or us (using the details we have associated with your Account).
6. THIRD-PARTY ACCESS
6.1 You can instruct a TPP to access information on your Account or initiate certain Transactions from your Account provided such TPP has identified itself to us and it has acted in accordance with the relevant regulatory requirements. We will treat any instruction from a TPP as if it were from you or an Account Manager.
6.2 We may deny TPP access to your Account if we are concerned about unauthorised or fraudulent access by that TPP. setting out the reason for such denial. Before doing so, we will tell you that we intend to deny access and give our reasons for doing so, unless it is not reasonably practicable, in which case we will immediately inform you afterwards. In either case, we will tell you in the manner in which we consider most appropriate in the circumstances. We will not tell you if doing so would compromise our security measures or would otherwise be unlawful.
6.3 If you have provided consent to a TPP to access the data in your Account to enable them to provide account information services to you or initiate Transactions on your behalf, you consent to us sharing your information with the TPP as is reasonably required for them to provide their services to you. You must let us know if you withdraw this permission and we recommend you let the TPP know. On notification from you, we will not provide such TPP access to your Account or the data in it.
7. CLOSING YOUR ACCOUNT
7.1 You may close your Account by contacting Customer Services. Please refer to your contract with the Partner Platform for any terms relating to your need to maintain your Account.
7.2 The Account will be closed if the Partner Platform instructs us to close your Account (in which case the Partner Platform will inform you of this instruction).
7.3 On termination of the Agreement for any reason, these Terms and Conditions will automatically terminate, and your Account will be closed and any Cards issued to you will be cancelled.
7.4 Any Available Balance remaining on the Account after Account closure will be transferred to your nominated bank account via SEPA based on instructions to us from the Partner Platform. If for any reason this is not possible, such Available Balance will remain yours and you may at any time request a refund by contacting Customer Services. You will not have any access to your Account from the date of Account closure and this Agreement will terminate.
8. YOUR LIABILITY AND AUTHORISATIONS
8.1 You are responsible for understanding and complying with the Agreement including these Terms and Conditions.
8.2 We may at any time suspend, restrict or refuse to authorise any use of your Account, Cards (including cancelling Card(s)) or refuse to process your instructions or authorise any particular Transaction where:
8.2.1 we are concerned about the security of or access to your Account and/or your Card;
8.2.2 we know or suspect that your Account and/or Card is being used in an unauthorised or fraudulent manner;
8.2.3 we need to do so in order to comply with the law or otherwise for regulatory or crime prevention purposes;
8.2.4the Transaction would breach the limits applicable to your Account and/or Card;
8.2.5 you, the Account Manager or the Cardholder breach an important part of these Terms and Conditions, or repeatedly breach any term in this Agreement and fail to resolve the matter in a timely manner.
8.3 If we cancel, suspend or restrict your Account and/or Card(s), or otherwise refuse to execute a payment order to or to initiate a Transaction, we will, without undue delay and provided we are legally permitted to do so, notify you or the Partner Platform of the refusal, suspension or cancellation (as applicable). If possible, we will provide the reasons for the refusal to execute the Transaction and/or suspending the use of your Account and/or Card and where those reasons relate to factual matters, the procedure of rectifying any factual errors that led to the refusal.
8.4 You, the Account Manager or Cardholder must not:
8.4.1 allow another person to use security information related to the Account and/or Cards,
8.4.2 write down password(s) or any security information unless this is
done in a way that would make it impossible for anyone else to recognise any of
that information, or
8.4.3 disclose passwords or any security information, or otherwise make them
available to any other person, whether verbally or by entering them in a way
that allows them to be observed by others.
8.5 You must take all reasonable steps to keep your Account and password(s) and any other security-related details safe at all times. If you visit a website or receive a message that asks for your password, other than the Quicko website, this should be reported to us. If you are in doubt whether a website is genuine, you should contact Customer Services. If you have any indication that your Account, password or other security information has been compromised, you must immediately change your password and notify us as soon as possible.
8.6 The Customer is responsible for unauthorised Transactions made from the Account or up to the amount of the equivalent in Polish currency of EUR 50, determined using the average exchange rate announced by the National Bank of Poland in force on the date of the Transaction if the unauthorised Transaction is the result of the use of a Card lost by the Individual Customer or stolen from the Individual Customer or its misappropriation.
8.6.1 8.6 will not apply and you will bear all losses and liability for:
8.6.2 All transactions that take place as a result of you or the Account Manager or Cardholder acting fraudulently or failing to comply with these Terms and Conditions with intent or gross negligence. Any such Transactions and any fees and charges relating to such Transactions will be deducted from the Available Balance on your Account.
8.6.3 all Transactions that the Partner Platform or any other Account Manager or Cardholder makes on your behalf as per this Agreement, along with those made by a TPP authorised by you to initiate a Transaction.
8.6.4 all unauthorised Transactions that arise from the use of lost or stolen Physical Cards, the Account or Card security information such as but not limited to the Online Portal log in details, API security details, Card number and CVV, if you, the Account Manager or Cardholder fail to keep the security features of the Account and/or Cards safe.
8.7 It is your responsibility to keep us updated on changes to your Information, including e-mail addresses and mobile numbers. Failure to do so may result in us being unable to contact you regarding your Account or to let you know about changes to these Terms and Conditions.
8.8
If you request to recall a Transaction due to an-error or mistake caused other
than by Quicko, we reserve the right to charge you
(i) a handling fee of €25 per recall and
(ii) any fee payable by Quicko to a third-party bank or institution for
handling the recall.
8.9 You agree to indemnify and hold harmless, us, Quicko and our distributors, partners, agents, sponsors, service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement, including these Terms and Conditions and/or any breach of these Terms and Conditions by you.
9. DISPUTES AND INCORRECT TRANSACTIONS
9.1
If you (or an Account Manager or Cardholder) have a reason to believe that
(i) a Transaction on your Account was unauthorised or was made incorrectly,
(ii) a Physical Card is lost or stolen; or
(iii) If someone
else (other than TPP) knows the security credentials or otherwise has
unauthorised access to your Account and/or Card, you must inform us
immediately by contacting Customer Services. After you notify us, we will
replace a lost, stolen or misappropriated Physical Card and/or security
credentials, as appropriate.
9.2 We will investigate your claim for a refund of unauthorised or incorrectly executed Transactions, provided at all times that you have notified us without undue delay of becoming aware of such incorrectly executed or unauthorised Transaction and in any case within the timeframes required by the Card Scheme rules if the incorrect Transaction relates to a Card Transaction and for all other Transactions within 13 months of the date of the relevant Transaction. We will not be liable for any unauthorised or incorrectly executed Transactions notified to us after this period.
9.3 If you dispute a Transaction:
9.3.1 subject to 9.3.2 and 9.3.3 we will immediately refund the amount to your Account to the position it would have been in if the unauthorised Transaction had not taken place. We will have no further liability to you. If we subsequently discover that you were not entitled to a refund, we shall treat the refund as a mistake and be entitled to reapply the Transaction;
9.3.2 if there are reasonable grounds for thinking that you may not be entitled to a refund (based on the evidence available to us at the time you report the unauthorised Transaction), we may investigate before giving you a refund and we will provide you with our supporting evidence if we believe you are not entitled to the refund; and
9.3.3 if the Transaction was initiated through a TPP, it is for the TPP to prove that the Transaction was authenticated, accurately recorded and not affected by a technical breakdown or other deficiency linked to the TPP’s payment initiation service.
9.4. If an incorrect Transaction is paid into your Account that should not have been, we will, where possible, immediately send the funds back to the bank acting for the person from whose account the Transaction was made. In such circumstances, you agree to return the funds to us and provide such assistance that we require in recovering 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 to enable them to recover the funds.
9.5 You will be liable for all Transactions made from your Account if you (or the Account Manager or the Cardholder) have acted fraudulently or have failed with gross negligence:
9.5.1 to keep the security credentials used to access or use your Account and/or Card safe and secure or otherwise failed to comply with these Terms and Conditions in relation to the safety of your Account and/or Card; or
9.5.2 failed to notify us in accordance with 9.1 above.
9.6 You may be entitled to a refund where a Transaction from your account which was initiated by payee provided that:
9.6.1 the authorisation did not specify the exact amount;
9.6.2 the amount of Transaction exceeded the amount you could reasonably have expected (taking into your previous spending pattern and other relevant circumstances). We may ask you to provide such information as is reasonably necessary for us to determine if this is correct; and
9.6.3 you asked for a refund within 8 weeks of the date the Transaction was debited to your Account.
10. VARIATION
10.1 We may change these Terms and Conditions by providing you with at least two months’ prior notice by e-mail (provided you have supplied us with an-up-to-date e-mail address).
10.2 If you do not agree with the changes to the Terms and Conditions, you may at any time within the two months’ notice period notify us and these Terms and Conditions will be terminated and your Account closed free of charge. If you do not notify us to the contrary during this period then you will be deemed to have accepted the change and it will apply to you when it comes into force.
10.3 If any part of these Terms and Conditions is inconsistent with any legal requirements then we will not rely on that part but treat it as if it did actually reflect the relevant legal requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.
11. TERMINATION OR SUSPENSION
11.1 We can terminate your Account at any time if we give you two months’ notice and transfer any Available Balance at the time to your nominated bank account without a charge, or
11.2 We can suspend or terminate your Account at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:
11.2.1 we discover any of the Information that we hold for you is false, misleading or materially incorrect; or
11.2.2 if you, the Account Manager, the Cardholder or a third party has engaged in fraudulent activity, money laundering, terrorism, terrorism financing or other illegal activity in connection with your Account or we have reasonable suspicions in respect of same; or
11.2.3 if you have reached your Account Limit; or
11.2.4 you or the Account Manager have breached these Terms and Conditions; or
11.2.5 we are required to do so under any applicable law or regulation or at the direction of any regulatory, law enforcement or other competent authority.
11.3 In the event that we do suspend or terminate your Account then if we are able to do so, we will tell you in advance otherwise we will let you know immediately afterwards (to the extent we are permitted by law).
12. OUR LIABILITY
12.1 Our liability in connection with these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds;
12.1.2 We shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
12.1.3 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount to that which was incorrectly deducted from your Available Balance;
12.1.4 in all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank account.
12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.
12.3 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.
13. YOUR INFORMATION
13.1 Some personal data will be necessary for us to provide you with the Account and services under this Agreement. Quicko is a Data Controller and shall only use your personal data for this purpose. Please see the Privacy Policy (please contact Customer Services for details of where to access this) for full details on the personal data that we hold, how we will use it and how we will keep it safe. Quicko will at all times comply with Data Protection Laws.
13.2 We will retain details of individual transactions for six years from the date on which the particular transaction was completed. We will maintain all other records for six years from which we have ceased to provide you with any product or service.
13.3 You must update any changes to your Information by contacting Customer Services.
13.4 If we discover that the Information we hold about you is incorrect, we may have to suspend or cancel your Account until we can establish the correct Information, in order to protect us both.
13.5 If you or the Account Manager allow or give consent to an Authorised Third Party Provider to access your Account to provide their services, you should know that we have no control over how an Authorised Third Party Provider will use your information nor will we be liable for any loss of information after an Authorised Third Party Provider have access to your information.
14. COMPLAINTS PROCEDURE
14.1 Complaints regarding any element of the service provided by us can be sent to Customer Services.
14.2 All complaints will be subject to our complaints procedure. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted or emailed to you.
14.3 In most cases we will provide a full response by email to your complaint within fifteen Business Days after the date we receive your complaint. In exceptional circumstances where we are unable to respond in full to your complaint, we will inform you of this giving our reasons for the delay and the timeframe within which you will receive a full reply, which in any event shall be within thirty-five days of the date we received your complaint.
14.4 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman. Contact to the Financial Ombudsman and detailed information about the proceedings are available on the website www.rf.gov.pl under the phone number: 22 333 73 25, as well by e-mail at: [email protected]
15. GENERAL
15.1 Any delay or failure to exercise any right or remedy under these Terms and Conditions by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
15.2 If any provision of these Terms and Conditions is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
15.3 You may not assign or transfer any of your rights and/or benefits under these Terms and Conditions and you shall be the sole party to the contract between us. You will remain liable until the Account issued to you is terminated. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under these Terms and Conditions.
15.4 No third party who is not a party to these Terms and Conditions has a right to enforce any of the provisions in these Terms and Conditions.
15.5 These Terms and Conditions contain the information set out in Part 3 of the European Union (Payment Services) Regulations 2018 (the PSRs) and you can obtain a copy of this Agreement at any time by contacting Customer Services.
15.6 These Terms and Conditions are governed by polish law and you agree to the exclusive jurisdiction of the courts of polish.
15.7 This Account is not covered by a compensation scheme. As a responsible e-money issuer, we will ensure that once we have received your funds they are deposited in a secure account, specifically for the purpose of redeeming Transactions made from your Account and will be safeguarded in accordance with our obligations under the European Communities (Electronic Money) Regulations 2011. In the event that we become insolvent funds that you have loaded which have arrived with and been deposited by us are protected against the claims made by our creditors.
16. CONTACTING CUSTOMER SERVICES
16.1 Customer Services are provided by the Partner Platform. The details shall be provided by Partner Platform.