Representing the colours in you

1. The basics about what you need to know

   About us

   We are Atmen Ltd. Our registered office is 14th Floor 25 Cabot Square, Canary Wharf London E14 4AP. Our company number is 12736447.

   We are registered with the Information Commissioner's Office (ICO), the data-protection regulator in the UK, to use personal information.

   We are committed to protecting and respecting your privacy.

   We will:

   • always keep your information safe and private;
   • never sell your information; and
   • allow you to manage and review your marketing choices at any time.
      
2. Why do I need to read this notice?
   
   We will collect your personal information when you use:
    
   • our website at www.myatmen.com;
   • the My Atmen app; or
   • any of the services you can get access to through the My Atmen app or website (our services).
   
   Under data-protection law, we are what is known as the 'data controller' of your personal information.
   
   This policy contains important information
   
   This document explains what information we collect, how we use it, and your rights if you want to change how we use your personal information.
   
   If you have concerns about how we use your personal information, you can contact our data protection officer myatmen@myatmen.com
    
3. What information do you collect about me?
   
   We collect different types of information from you and others
   
   The table below explains what personal information we collect and use.
    

   Type of information	Details
   Information you give us	We collect information you provide when you:
   	✓ fill in any forms;
   	✓ correspond with us;
   	✓ register to use the My Atmen app;
   	✓ open an account or use any of our services;
   	✓ take part in online discussions, surveys or promotions;
   	✓ speak with a member of our customer support team (either on the phone or through the My Atmen app);
   	✓ enter a competition; or
   	✓ contact us for other reasons.
   	We will collect the following information.
   	✓ Your name, address, and date of birth.
   	✓ Your email address, phone number and details of the device you use (for example, your phone, computer or tablet).
   	✓ Your username, password and other registration information.
   	✓ Details of your bank account, including the account number, sort code and IBAN.
   	✓ Details of your debit cards and credit cards, including the card number, expiry date and CVC (the last three digits of the number on the back of the card).
   	✓ Identification documents (for example, your passport or driving licence number), copies of any documents you have provided for identification purposes, a personal description (if you provide one), and any other information you provide to
   Type of information	Details
   	prove you are eligible to use our services.
   	✓ Records of our discussions, if you contact us or we contact you.
   	✓ Your photo (only if you upload one).
   Information from your device	Whenever you use our website or the My Atmen app, we collect the following information:
   	✓ Technical information, including the internet protocol (IP) address used to connect your computer to the internet, your log-in information, the browser type and version, the time- zone setting, the operating system and platform, the type of device you use, a unique device identifier (for example, your device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use and so on.
   	✓ Information about your visit, including the links you have clicked on, through and from our site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling and clicks), and methods used to browse away from the page.
   	✓ Information on transactions (for example, payments into and out of your account), including the date, time, amount, currencies, exchange rate, beneficiary details, details of the merchant or ATMs associated with the transaction, IP address of sender and receiver, sender's and receiver's name and registration information, messages sent or received with the payment, details of device used to arrange the payment and the payment method used.
   	✓ Information stored on your device, including if you give us access to contact information from your address book, log-in information, photos, videos or other digital content, check-ins (sometimes, we call this content information). The My Atmen app will regularly collect this information in order to stay up to
   Type of information	Details
   	date.
   Information about your location	If you have location services in the My Atmen app switched on, we track your location using GPS technology and your IP address.
   Information from others	We collect information from third parties, such as credit- reference agencies, fraud-prevention agencies and partners who help us to provide our services.
   	This includes your credit record, information to help us check your identity, and information relating to your transactions.
   Information from social media	If you allow us to, we will collect information such as friends lists from Facebook or similar information from other online accounts. If you've asked us to, we'll use your Facebook profile to confirm your identity as part of our know-your-client (KYC) process (the process of how we check who you are).

   
   BUSINESS CUSTOMERS
   
   If you are a business user, we will need to confirm your identity as part of our KYC process. We will ask you to provide documents, and will also collect information from third parties, such as commercial registers, for this purpose.
   
   We may also collect any of the above information relating to your use of the Atmen Dashboard, the My Atmen app and our website.
    
4. What is your legal basis for using my information?
   
   We must have a legal basis (a valid legal reason) for using your personal information. Our legal basis will be one of the following.
    
   • Keeping to our contracts and agreements with you
     
     We need certain personal information to provide our services and cannot provide them without this information.
      
   • Legal obligations
     
     In some cases, we have a legal responsibility to collect and store your personal information (for example, under money-laundering laws we must hold certain information about our customers).
      
   • Legitimate interests
     
     We sometimes collect and use your personal information, or share it with other organisations, because we or they have a legitimate reason to have it and this is reasonable when balanced against your right to privacy.
      
   • Consent
     
     Where you've agreed to us collecting your information, for example by using the My Atmen app or when you have ticked a box to indicate you are happy for us to use your personal information in a certain way.
     
     We have explained more about how we use your personal information in the How do you use my information? section below.
      
5. How do you use my information?
   
   We collect your information so we can provide the best service, tell you about products and services you may be interested in, and meet our legal obligations.
    
   • Providing our services
     
     Whenever you apply for a product or service, we will use your personal information to check your identity (as part of our KYC process) and decide whether or not to approve your application.
     
     If you are already a Atmen customer, we use your personal information to meet our obligations relating to any transactions you make (for example, making payments into and out of your Atmen account, withdrawing cash or making payments with your Atmen Card). If you ask us to exchange the currency of the e-money you hold in your Atmen account, we'll use your personal information to help us do that.
     
     We also use your personal information to give you details of our products and services and to help us develop new products and services.
     
     We also use your personal information to contact you by phone and provide you with customer support services. We may record these calls, but only for internal training and quality-control purposes.
     
     The types of information we use are:
      
     • information you have given us; and
     • information from third parties (as explained in the What information do you collect about me? section above).
    

   HERE'S AN EXAMPLE OF HOW WE USE YOUR PERSONAL INFORMATION TO PROVIDE OUR SERVICES
   
   If you apply for a credit product, we or our lending partner (the provider of the credit product) will carry out a credit check to better understand your financial circumstances and repayment history.
   
   Our legal basis would be one or more of the following.

   • Keeping to contracts and agreements between you and us
   • Legitimate interests (we need to be efficient about how we meet our obligations and we want to provide you with good products and services)
   • Legal obligations
   • Protecting against fraud
    

   We use your personal information to check your identity to protect against fraud, keep to financial-crime laws and to confirm that you are eligible to use our services. We also use it to help us better understand your financial circumstances and manage fraud risks related to your Atmen account.
   
   The types of information we use are:

   • information you have provided;
   • information from your device;
   • location information; and
   • information from third parties.
   
   HERE'S AN EXAMPLE OF HOW WE USE YOUR PERSONAL INFORMATION TO PROTECT AGAINST FRAUD
   
   If you have switched on location services in the My Atmen app and your mobile phone tells us that you're in the UK, but your Atmen Card is being used in Spain, we may not process that transaction.
   
   Our legal basis would be one or more of the following.
   • Keeping to contracts and agreements between you and us
   • Legitimate interests (to develop and improve how we deal with financial crime and meet our legal responsibilities)
   • Legal obligations
   • Marketing and providing new products and services that might interest you
    

   We use your personal information to do the follow

   • Provide you with information about other goods and services we offer that are similar to those you have already used or asked about.
   • Provide you with information about our goods or services, and our partner's promotions or offers, which we think you might be interested in. To help us do this, we may use information about you to help us better understand your interests. You can opt out of this by using the help service through the My Atmen app or by emailing our Data Protection Officer at the address given above.
   • If you agree, allow our partners and other organisations to provide you with information about their goods or services.
   • Measure or understand the effectiveness of our advertising, and provide relevant advertising to you.
   • Process applications for products and services available through us, and make decisions about whether to approve applications.
    

   Remember, you can ask us to stop sending you marketing information by adjusting your marketing choices (the Do you use my information for marketing? section below explains how to do this).

   The types of information we use are:

   • information you have provided;
   • information from your device;
   • location information; and
   • information from third parties.
    

   HERE'S AN EXAMPLE OF HOW WE USE YOUR PERSONAL INFORMATION FOR MARKETING
   
   If you are a Atmen customer, we may contact you about optional extras or promotional offers. We may use information we gather about you through your use of our services to tailor these offers to you.
   
   Our legal basis would be one or both of the following.

   • Legitimate interests (to develop our products and services, define types of customers for new products or services, and to be efficient about how we meet our legal and contractual duties)
   • Consent (for you to receive marketing from other organisations)
   • To keep our services up and running
    

   We use your personal information to manage our website and the My Atmen app, (including troubleshooting, data analysis, testing, research, statistical and survey purposes), and to make sure that content from our website is presented in the most effective way for you and your device. For more information, please see our Cookies Policy.
   
   We also use your personal information to allow you to take part in interactive features of our services, to tell you about changes to our services, and to help keep our website and the My Atmen app safe and secure.
   
   The types of information we use are:

   • information you have provided; and
   • information from your device.
    

   HERE'S AN EXAMPLE OF HOW WE USE YOUR PERSONAL INFORMATION TO RUN OUR SERVICES
   
   If any changes we make to our services affect you, we'll normally contact you using the email address you gave us when you signed up, or through the My Atmen app, to tell you about the changes.
   
   The legal basis would be one or both of the following.

   • Keeping to contracts and agreements between you and us
   • Legitimate interests (to be efficient about how we meet our obligations and keep to regulations that apply to us)
   • Helping with social interactions
    

   We use your personal information to help social interactions through our services or to add extra functions in order to provide a better experience.
   
   The types of information we use are:

   • information you have provided;
   • information from your device; and
   • location information.
    

   HERE'S AN EXAMPLE OF HOW WE USE YOUR PERSONAL INFORMATION FOR SOCIAL INTERACTIONS
   
   We'll let you know if any of your contacts who are Atmen customers have used our products, upgrades or features or are in the same area as you (if they have location services switched on).
   
   If you have the relevant settings in the My Atmen app switched on, we'll use the contact list on your phone, or your photo gallery, so you can easily make payments to your contacts and send photos using the My Atmen app.
   
   The legal basis would be one or both of the following.

   • Legitimate interests (to develop our products and services and to be efficient in meeting our obligations)
   • Consent (to track you when you have location services switched on)
   • Providing location-based services
   
   We use your information to provide relevant advertising to you (for example, information on nearby merchants), to protect against fraud, and to let you know when any of your contacts who are Atmen customers are in the same area as you (if they have location services switched on).
   
   The types of information we use are:
    
   • information you have provided; and
   • location information.
    

   HERE'S AN EXAMPLE OF HOW WE USE YOUR LOCATION INFORMATION
   
   If you go abroad, the My Atmen app may automatically tell you the exchange rate in that country.
   
   The legal basis would be one or more of the following.

   • Keeping to contracts and agreements between you and us
   • Legitimate interests (to develop and market our obligations and keep to regulations that apply to us)
   • Consent (to track you when you have location services switched on)
   • Meeting our legal obligations, enforcing our rights and other legal uses
    

   We may need to share information about you:

   • with other organisations (for example, fraud-prevention agencies);
   • if this is necessary to meet our legal obligations or in connection with legal claims; or
   • to help detect or prevent crime.
    

   You can find out more in the Do you share my information with anyone else? section below.
   
   The types of information we may share include:

   • information you have provided;
   • information from your device;
   • location information;
   • information from third parties; and
   • social-media information.
    

   Our legal basis would be one or more of the following.

   • Legitimate interests (to keep to laws and regulations that apply to us)
   • Legal obligations
   • Consent (for you to receive marketing from other organisations)
6. Do you carry out credit checks or make any automated decisions about me?
   
   Our lending partners use credit-reference agencies to carry out credit checks on you if you apply for one of their credit products. We will need to carry out credit checks if you apply for any of our credit products, but we will let you know before we do this.
   
   We may also check your credit history to help us develop and offer credit products that are tailored to you. Credit-reference agencies will not store any of your information that we send them when we use their services for this purpose.
   
   These checks of your credit history (credit insights) mean that when you apply for credit products, or we suggest credit products to you through the My Atmen app, we can better understand your financial circumstances and repayment history, and can tailor our credit products to your needs. These credit insights do not leave any ‘footprint’ (trace) whatsoever on your credit record held by the credit-reference agency. If you do not want us to carry out credit insights, please contact us through the My Atmen app or by emailing dpo@Atmen.com.
   
   Some of the searches we make when you apply for a credit product leave a 'soft footprint' on your credit history. This means that the search will be registered on your credit file but will not be visible to others if they search your credit history. A soft footprint will not affect your credit rating. If you apply for credit, we will provide more information about this in the application form.
   
   Some of our third-party providers, such as fraud-prevention agencies, may also use credit- reference agencies to help us check your identity and prevent fraud. These searches also only leave a soft footprint credit history.
   
   We do not accept joint account holders, but credit-reference agencies may sometimes link your credit record with that of anyone else who is financially connected to you.
   
   Due to the international nature of our services, we use credit-reference agencies and fraud- prevention agencies in the UK and overseas.
   
   Sometimes you may have a right to see your personal records held by credit-reference and fraud-prevention agencies. If you would like details of the credit-reference and fraud- prevention agencies we use, please contact us through the My Atmen app or by sending an email myatmen@myatmen.com You can withdraw your permission for credit checks by contacting us through the My Atmen app. The credit-reference agencies have created a joint document to explain how they use and share your information
    
7. How do you use my information for marketing?
   
   If you sign up to our services, we will assume you want us to contact you by post, email and phone (including text message) with offers and promotions. We may use the information we have collected about you in order to tailor our offers to you.
   
   You can adjust your preferences, or tell us you don't want to hear from us, at any time. Just use the 'Privacy' section within the 'Profile' section of the My Atmen app or click on the unsubscribe links on any marketing message we send you.
   
   We won't pass your details on to any organisations outside the Atmen group of companies for their marketing purposes without your permission. You can find out more in the Do you share my information with anyone else? section.
   
   Your rights
    
8. What are my rights?
    

   Your right	What it means
   You have the right to be told about how we use your personal information.	We provide this privacy notice to explain how we use your personal information.
   You can ask to see the personal information we hold about you (this is called making a ‘data subject access request’, or DSAR for short).	If you make a DSAR, we will provide a copy of the personal information we hold about you. We can’t give you any information about other people, information which is linked to an ongoing criminal or fraud investigation, or information which is linked to settlement negotiations with you. We also
   Your right	What it means
   You can also ask for information about what information we process and why.	won't provide you with any communication we've had with our legal advisers.
   You can ask us to correct your personal information if you think it's wrong.	You can have incomplete or inaccurate information corrected. Before we update your file, we may need to check the accuracy of the new information you have provided.
   You can ask us to delete your personal information.	You can ask us to delete your personal information if:
   	✓ there's no good reason for us to continue using it;
   	✓ you gave us consent (permission) to use the information and you have now withdrawn that consent;
   	✓ you have objected to us using the information;
   	✓ we have used the information unlawfully; or
   	✓ the law requires us to delete the information.
   	Just to let you know, we may not be able to agree to your request. As a firm authorised by the Financial Conduct Authority, we must keep certain customer information for at least six years (we've explained this in more detail below). If you've closed your Atmen account, we may not be able to delete your entire file because these regulatory responsibilities take priority. We will always let you know if we can't delete your information.
   You can object to us processing your personal information for marketing purposes.	You can tell us to stop using your personal information for marketing.
   You can object to us processing other information (if we are using it for legitimate interests).	If our legal basis for using your personal information is 'legitimate interests' and you disagree with us using it, you can object.
   	However, if there is an overriding reason why we need to use
   Your right	What it means
   	the information (for example, legal reasons), we will not accept your request.
   	If you object to us using information which we need in order to provide our services, we may need to close your account as we won’t be able to provide the services.
   	For example, if you object to us sending your personal information to our partners such as concierge providers (as part of our Premium and Metal plans), we may no longer be able to provide you with those concierge services.
   You can ask us to restrict how we use your personal information	You can ask us to suspend using your personal information if:
   	✓ you want us to investigate whether it is accurate;
   	✓ our use of the information is unlawful but you do not want us to delete it;
   	✓ we no longer need the information, but you want us to continue holding it for you in connection with a legal claim; or
   	✓ you have objected to us using your information (see above), but we need to check whether we have an overriding reason to use it.
   You can ask us to transfer personal information to you.	If we can, and are allowed to do so under regulatory requirements, we will provide your personal information in a structured, commonly used, machine-readable format.
   You can withdraw your permission.	If you have given us any consent we need to use your personal information, you can withdraw your consent at any time by changing your settings in the My Atmen app or sending an email to myatmen@myatmen.com
   	(Note, it will have been lawful for us to use the personal information up to the point you withdrew your permission).

9. How do I exercise my rights?
   
   To exercise any of your rights set out in the previous section, you can contact us through the My Atmen app or send us an email at myatmen@myatmen.com For security reasons, we can't deal with your request if we are not sure of your identity, so we may ask you for proof of your ID.
   
   If you are unhappy with how we have handled your personal information you can complain to the ICO through their website.
    
10. Do you share my information anyone else?
    
    Atmen Suppliers
    
    The table below explains which suppliers we normally share your personal information with.
     

    Type of supplier	Why we share your information
    Suppliers who provide us with IT, payment and delivery services	To help us provide our services to you
    Our banking and financial- services partners and payments networks, including Visa and Mastercard	To help us provide our services to you this includes banking and lending partners, banking intermediaries and international payment-service providers
    Card manufacturing, personalisation and delivery companies	To create and deliver your personalised Atmen Card
    Advertisers	To promote our services. (We provide anonymous information only for example, ‘500 men under 30 clicked on their advert’.)
    Analytics providers and search information providers	To help us improve our website or app
    Customer-service providers, survey providers and developers	To help us to provide our services to you
    Communications services providers	To help us send you emails, push notifications and text messages
    Credit-reference and fraud- prevention agencies	To help us develop and offer credit products to you, and to check your identity and your eligibility for credit products.

    
    Partners who help to provide our services
    
    We may share your personal information with our partners in order to provide you with certain services you have asked us for.
    
    If you are a business customer, we may share your personal information with our partners (through the Atmen for Business API) when you switch this function on through Atmen Connect.
    
    HERE'S AN EXAMPLE OF WHEN WE MIGHT SHARE YOUR INFORMATION WITH OUR PARTNERS
    
    If you have asked for concierge services, we will share relevant information with the provider of the concierge service.
    
    We will only share your personal information in this way if you have asked for the relevant service. You can withdraw your permission at any time by contacting us through the My Atmen app. However, this may affect your ability to continue to use those services.
    
    From time to time we may work with other partners to offer you co-branded services or promotional offers, and we will share some of your personal information with those partners. We will always get your consent before sharing your information for these purposes. You can withdraw your consent at any time by contacting us through the My Atmen app.
    
    Our partners will have their own privacy notice explaining how they use your personal information. It's important that you read those privacy notices as well.
    
    Credit-reference agencies
    
    If you apply for a credit product, we'll share your personal information with credit-reference agencies to check whether you are likely to make repayments when due.
    
    For legal reasons
    
    We also share your personal information with fraud-prevention agencies to check your identity, protect against fraud, keep to anti-money-laundering laws and confirm that you are eligible to use our products and services.
    
    HERE'S AN EXAMPLE OF WHEN WE MIGHT SHARE YOUR PERSONAL INFORMATION FOR LEGAL REASONS
    
    If you give us false or inaccurate information and we identify fraud, we will let fraud- prevention agencies know. Law-enforcement agencies may check and use this information.
    
    If fraud is detected, you could be refused certain services, finance or employment. You can contact us through the My Atmen app to ask for more details of how your information will be used by us and these fraud-prevention agencies.
    
    Some fraud-prevention agencies have created a document to explain how they use and share your information you can see this here.
    
    We may also need to share your personal information with other third-party organisations:
     
    • if we have to do so under any law or regulation;
    • if we sell our business;
    • in connection with criminal or fraud investigations;
    • to enforce our rights (and those of customers or others); or
    • in connection with legal claims.
     

    HERE'S AN EXAMPLE OF WHEN WE MIGHT SHARE YOUR PERSONAL INFORMATION FOR ADVERTISING PURPOSES
    
    We may share your information (your name, email address and app events) with our advertising partners in the ways described below, but the information is hashed before we send it, and the social-media platform we share it with is only allowed to use that hashed information in the ways described below.
    
    When we use social media for marketing purposes, your information may be shared with the social-media platforms so that they can check if you also hold an account with them. If you do, we may ask the advertising partner or social-media provider to:

    • use your information to send our adverts to you, because we think that you might be interested in a new Atmen product or service;
    • not send you our adverts, because the marketing relates to a service that you already use; or
    • send our adverts to people who have a similar profile to you (for example, if one of our services is particularly useful to people with similar interests to the ones on your social-media profile, we may ask our advertising partner or social-media partner to send our adverts for that service to those people).

    An example of how we may use social media for marketing purposes is through Facebook’s ‘Custom Audience’ tool, the terms of which are available.
    
    The legal basis would be the following.

    • Legitimate interests
       
    You can contact us as at any time, either through the My Atmen app or by emailing myatmen@myatmen.com , if you do not want us to share your personal information for marketing purposes. Remember you can also manage your marketing preferences directly with any social-media provider that you have an account with. Atmen and your personal information
     
11. Will my information go outside Europe?
    
    As we provide an international service, we may need to transfer your personal information outside the European Economic Area (EEA) in order for us to provide our services.
    
    For example, if you ask to make an international payment, we will send funds to banks overseas. We might also send your information overseas to keep to global legal and regulatory requirements, and to provide ongoing support services.
    
    We may share your personal information with credit-reference agencies and fraud- prevention agencies outside the UK. (You can read more about this in the Do you carry out credit checks or any make any automated decisions about me? section above).
    
    We will take all reasonable steps to make sure that your personal information is handled securely and in line with this privacy notice and data-protection laws.
    
    If you would like more information, please contact us through the My Atmen app or by sending an email to myatmen@myatmen.com .
     
12. How do you protect my personal information?
    
    We store your information on our secure servers.
    
    Any payment transactions carried out by us or our payment-processing providers will be encrypted using Secured Sockets Layer technology or a secure virtual private network.
    
    If you use a password for the My Atmen app or our website, you will need to keep this password confidential. Please do not share it with anyone. Unfortunately, providing information online is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee that all information you provide through the My Atmen app or our website will be secure. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
    
    When you use our services, which include social networking, chat room or forum features, do not share any personal information that you don't want to be seen, collected or used by other users, as this information will become publicly available.
     
13. How long will you keep my personal information for?
    
    Under anti-money-laundering laws we need to hold information about you and your transactions for five years.
    
    You have the right to redeem (ask us to return) your e-money for up to six years after your Atmen account is closed. We will therefore hold your information for this long.
    
    Generally, we will not hold your personal information for more than six years after our business relationship with you has ended, unless we need to hold it for longer because of a potential or ongoing claim or another legal reason.
     
14. How will you keep me updated on how you use my information?
    
    If we change the way we use your personal information, we will update this notice and, if appropriate, let you know by text message, by email, through the My Atmen app or through our website.
     
15. Cookies
    
    We use cookies to analyse how you use our website. Please read the Cookies Policy for more information about cookies

How we use cookies (the technical bit)

Some cookies are needed to run the website. For example, when you log in, cookies help torecognise you and keep you logged in as you browse the website. We call these strictlynecessary cookies.

We also use the following types of cookies:

• Necessary cookies

We need to use these cookies to make our website work, for example, so you can get promotions awarded to your account.

• Analytics and advertising cookies

These allow us to recognise and count the number of visitors to our website, and see howvisitors browse our website, so we can improve it where necessary.

These also allow us to see what pages and links you have visited so we can provide morerelevant ads. We may share this information with other organisations, such as Google,Facebook and LinkedIn, for the same purpose.

These cookies are all session cookies, which means that they will stop tracking your activityon the website when you close your website browser.

How do I change my preferences?

You can manage your preferences in relation to cookies, or change your browser settings torefuse the use of all or some cookies. However, if you block all cookies (including necessarycookies), you may not be able to use all or some parts of our website.

Please note, other organisations, such as advertising networks, may also use cookies totrack you across different websites. We have no control over these cookies.

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.myatmen.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of services.

1. Definitions and Interpretation
   1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

      “Account”	means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
      “Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
      “User”	means a user of Our Site;
      “User Content”	means any content submitted to Our Site by Users including, but not limited to, comments, product reviews and questions; and
      “We/Us/Our”	means Atmen Limited , a company registered in England under 12736447, whose registered address is 14th Floor 25 Cabot Square, Canary Wharf London E14 4AP andwhose main trading address is the same.

2. Information About Us
   1. Our Site, www.myatmen.com, is owned and operated by Atmen Limited, a limited company registered in England under company number 12736447, whose registered address and main trading address is 14th Floor 25 Cabot Square, Canary Wharf London E14 4AP.
   2. Atmen IBANs and cards are issued by PFS Card Services (Ireland) Limited pursuant to a license from Mastercard International Incorporated. PFS Card Services (Ireland) Limited, trading as PCSIL, is regulated by the Central Bank of Ireland.
3. Access to Our Site
   1. Access to Our Site is free of charge.
   2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
   3. Access to Our Site is provided “as is” and on an “as available” basis. We mayalter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Accounts
   1. Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.
   2. You may not create an Account if you are under 18 years of age.
   3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
   4. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account details with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at myatmen@myatmen.com. We will not be liable for any unauthorised use of your Account.
   5. You must not use anyone else’s Account.
   6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
   7. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
5. Intellectual Property Rights
   1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
   2. Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
   3. You may:
      1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
      2. Download Our Site (or any part of it) for caching;
      3. Print page(s) from Our Site;
      4. Download extracts from pages on Our Site; and
      5. Save pages from Our Site for later and/or offline viewing.
   4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
   5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
   6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
6. User Content
   1. User Content on Our Site includes (but is not necessarily limited to) comments, questions and service reviews.
   2. An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
   3. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
   4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub- Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
   5. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
   6. If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
   7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
   8. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us using the customer chat function.
7. Links to Our Site
   1. You may link to Our Site provided that:
      1. you do so in a fair and legal manner;
      2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
      4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
   2. You may link to any page of Our Site.
   3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
   4. You may not link to Our Site from any other site the main content of which contains material that:
      1. is sexually explicit;
      2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
      3. promotes violence;
      4. promotes or assists in any form of unlawful activity;
      5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      7. is calculated or is otherwise likely to deceive another person;
      8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub- Clause 7.4);
      10. implies any form of affiliation with Us where none exists;
      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to Other
   SitesLinks to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9. Disclaimers
   1. Nothing on Our Site constitutes advice on which you should rely. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
   2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
   3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Site.
10. Our Liability
    1. The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of services, which is governed separately by Our Terms of Sale.
    2. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
    3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
    4. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
    6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    7. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including thoserelating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Viruses, Malware and Security
    1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
    1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
       1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
       2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
       3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
       4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
       1. is sexually explicit;
       2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
       3. promotes violence;
       4. promotes or assists in any form of unlawful activity;
       5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
       6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
       7. is calculated or is otherwise likely to deceive;
       8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
       9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
       10. implies any form of affiliation with Us where none exists; 12.2.11infringes, or assists in the infringement of, the intellectual propertyrights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or12.2.12is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
       1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
       2. remove any User Content submitted by you that violates this Acceptable Usage Policy;
       3. issue you with a written warning;
       4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
       5. take further legal action against you as appropriate;
       6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
       7. any other actions which We deem reasonably appropriate (and lawful).
    4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
13. Privacy and Cookies
    Use of Our Site is also governed by Our Cookie and Privacy Policies, both of which available from the “About Us” section at www.myatmen.com. These policies are incorporated into these Terms of Use by this reference.
14. Changes to these Terms of Use
    1. We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms of Useand any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
15. Contacting Us
    To contact Us, please email Us at myatmen@myatmen.com or using any of the methods provided on Our contact page at www.myatmen.com.
16. Communications from Us
    1. If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
    2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 21 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at via our contact page on www.myatmen.com.
17. Data Protection
    We will only use your personal information as set out in Our Privacy Policy and Cookie Policy available on www.myatmen.com.
18. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Atmen’s Account OmniWire Prepaid Mastercard® Terms and ConditionsValid as of 17th December 2020

IMPORTANT INFORMATION: These terms and conditions (“Agreement”) govern the use of the Payment Services defined in Clause 1, which are supplied by PFS Card Services (Ireland) Limited, Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9, Ireland whose details are in Clause 2 (“we”, “us”, “our”) to any person whose application we approve (“Customer”, “you”, “your”). Words that begin with a capital letter have the meaning given either where they first appear in this Agreement or in Clause 1. This Agreement includes the terms of our Privacy Policy https://omniwire.com/privacypolicy and https://myatmen.com/index.html.

By activating your Card, you agree that you have read and understood the terms of this Agreement (a copy of which you may download and store at any time). This Agreement shall commence at that time and continue unless cancelled under Clause 10 or terminated under Clause 12. We reserve the right to change this Agreement by giving 2 months’ notice to you in accordance with Clause 18. If we do this, you may terminate this Agreement immediately and without charge before the proposed changes take effect, otherwise you shall be deemed to have accepted such changes when the 2 months’ notice expires. However, you agree that changes to the Applicable Exchange Rate may be applied immediately and at the rate quoted via the Payment Service at the time of the relevant Transaction. Please also read the conditions of redemption, in Clause 11 before activating your Card.

We will communicate with you in English (the language in which this Agreement was agreed with you on registration for your Account). Key information relating to your Transactions will be provided to you at the email address you register with us and/or in your Account. You may access, download and print this information at any time by logging in to your Account. In addition, you agree that we may provide notices or other information to you from time to time by posting it in your Account, emailing it to your registered email address, mailing it to your registered physical address, calling you by phone or sending you mobile messages. Notices to you by email or mobile messages shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by registered mail shall be deemed to have been received three days after the date of mailing. You may contact us as specified in Clause 2.

You may request a copy of any legally required disclosures (including this Agreement) from us via the contact details in Clause 2, and we will provide this to you in a form which enables you to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored via, for example; our website, your Account or by email.

1. Definitions & Interpretation
   In this document, if we use words that start with a capital letter, that means the word has been defined in this ‘Definition & Interpretation’ section.
   
   

   "Account" or “E-Wallet”	a data account in our systems where we record your Available Balance, Transaction Data and other information from time to time;
   “Account Closure Fee”	has the meaning given in the attached Fees & Limits Schedule;
   “Account Information Service”	an online service to provide consolidated information on one or more payment accounts held by the payment service user with another payment service provider or with more than one payment service provider;
   “Account Information Service Provider” or “AISP”	the supplier of an Account Information Service;
   "Additional Cardholder"	where applicable, a person who holds a Secondary Card;
   “Applicable Exchange Rate”	the exchange rate available on our website https://prepaidfinancialservices.com/en/exchange-rates;
   “ATM”	an automated teller machine is an electronic telecommunications device that enables Customers to perform financial transactions, particularly cash withdrawal, without the need for a human cashier, clerk or bank teller;
   “Authorised Person”	any person to whom you authorise us to access your Account;
   "Available Balance"	the amount of E-money issued by us to you but not yet spent or redeemed;
   “Business Day"	Monday to Friday, 0900hrs to 1700hrs GMT, excluding bank and public holidays in Ireland;
   "Card"	a prepaid Mastercard card issued by us and linked to your Account, which can be used to spend your Available Balance wherever Mastercard cards are accepted;
   “Card Replacement Fee”	has the meaning given in the attached Fees & Limits Schedule;
   "Card Scheme"	the operator of the payment scheme under which we issue each Card;
   “Customer Due Diligence”	the process we are required to go through to verify the identity of our Customers;
   “Customer Funds Account”	the segregated bank account where we hold relevant funds corresponding to your Available Balance in accordance with the safeguarding provisions of the Electronic Money Regulations 2011;
   “E-money”	monetary value issued by us to your Account on receipt of funds on your behalf in our Customer Funds Account, equal to the amount of funds received;
   “European Economic Area” or “EEA”	the European Union (“EU”) member states, as well as Iceland, Liechtenstein and Norway;
   “Fees”	the fees payable by you for the Payment Services as specified in the attached Fees & Limits Schedule;
   “IBAN”	an International Bank Account Number used to identify bank accounts for the purposes of international payments;
   "Merchant"	a retailer who accepts Payment for the sale of goods or services to you;
   “Payment”	a payment for goods or services using a Card;
   “Payment Initiation Service”	an online service to initiate a payment order at the request of the payment service user with respect to a payment account held at another payment service provider;
   “Payment Initiation Service Provider” or (“PISP”)	a payment service provider who supplies a Payment Initiation Service;
   "Payment Services"	the services supplied by us to you under this Agreement, including issuing Cards and Accounts; and executing Transactions;
   “PCSIL IBAN”	a virtual IBAN issued by our bank service provider that we allocate to your Card or your Account which can be used by you or others for the purpose of making a SEPA Transfer of funds that will result in a credit of the relevant funds to your Account;
   “Redemption Fee”	means the fee applied by us for the return of funds to an IBAN Account holder, or Cardholder following a request for redemption by an IBAN Account holder Cardholder under this Agreement, as specified in the attached Fees & Limits Schedule;
   "Secondary Card"	where applicable, any extra Card which is issued to a Customer or Authorised Person;
   “SEPA Transfer”	a facility whereby you instruct us to send Euros to a bank account elsewhere in the Single Euro Payments Area (“SEPA”), quoting the IBAN of the intended recipient of the funds;
   “Simplified Due Diligence”	a lighter form of Customer Due Diligence, resulting in certain lower Card and Account limits;
   "Transaction"	a Payment, a Transfer or a SEPA Transfer;
   “Transfer”	a transfer of E-money from one Account to another Account;
   “Virtual Card”	a Card number issued by us for the purpose of making a single Payment without also issuing any corresponding physical card;

   
   
2. Contact and Regulatory Information
   1. Your Card or Account can be managed online at www.app.myatmen.com or via email to support@myatmen.com or by phone to +44 (0) 808 169 9453. To report your Cards lost or stolen please call +44 (0) 808 169 9453 or email support@myatmen.com
   2. The issuer for Your Atmen’s OmniWire Prepaid Mastercard Card and provider of the Payment Services is PFS Card Services (Ireland) Limited (PCSIL). PCSIL is registered in Ireland under Company Registration Office Number is 590062. Registered Office: Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9.
   3. PCSIL is authorised and regulated as an e-money issuer by the Central Bank of Ireland registration number C175999.
   4. Details of the PCSIL authorisation by the Central Bank of Ireland is available on the public register at http://registers.centralbank.ie/DownloadsPage.aspx .
   5. PFS Card Services (Ireland) Limited acts as the programme issuer.
   6. OmniWire is the programme manager. OmniWire is registered in UK with registered office 20- 22 Wenlock Road, London, N1 7GU. Atmen is registered in the UK with registered office 14th Floor 25 Cabot Square, Canary Wharf London E14 4AP
   7. PCSIL is licensed as an Affiliate member with the Mastercard Scheme. Mastercard is a registered trademark of Mastercard International Incorporated.
3. Type of Service, Eligibility and Account Access
   1. Your Card is not a credit card and is not issued by a bank. Regardless of the type of Card(s) you have, you will have only one Account where your Available Balance is located.
   2. Your Payment Services may not be activated unless we have been provided with the required information so that we may identify you and can comply with all applicable Customer Due Diligence requirements. We shall keep records of such information and documents in accordance with all applicable legal and regulatory requirements.
   3. Reference to a currency (e.g. Euros € or Sterling) shall mean that amount or the local currency equivalent in which your Card is denominated.
   4. Any Transaction on your Card in a currency other than the currency in which your Card is denominated, will require a currency conversion using an Applicable Exchange Rate.
   5. The Available Balance on your Card and/or Account will not earn any interest.
   6. The Payment Services are prepaid payment services and not a credit or bank product, you must therefore ensure that you have a sufficient Available Balance from time to time to pay for your Transactions and applicable Fees. If for any reason a Transaction is processed, and the Transaction amount exceeds the Available Balance, you must repay us the amount of such excess immediately and we shall be entitled to stop any existing or subsequent Transactions from proceeding.
   7. This Agreement does not give you any rights against the Card Schemes, its affiliates or any third party.
   8. Only persons over 18 years of age are entitled to register for the Payment Services.
   9. Each time you seek access to the Account we will ask for your Access Codes (as defined in Clause
      8). As long as the correct Access Codes are entered, we will assume that you are the person giving instructions and making Transactions and you will be liable for them, except to the extent provided for in Clause 8. We can refuse to act on any instruction that we believe: (i) was unclear;
      (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or if we believe the Payment Service is being used for an illegal purpose.
   10. We will do all that we reasonably can to prevent unauthorised access to the Account. As long as you have not breached the other terms contained in this Clause 3 or Clause 8, we will accept liability for any loss or damage to you resulting directly from any unauthorised access to the Account pursuant to Clauses 14 and 15 of this Agreement.
4. Service Limits , Transfers & SEPA Transfer Payment
   1. Transactions may be restricted by Card or Account type, individual usage patterns and payment risk profiles. Cards are issued in accordance with regulatory limits and conditions. Limits relating to the use of Cards can be found in the attached Fees & Limits Schedule and on our website at www.OmniWire.com/mc. For anti-money laundering and anti-fraud reasons we reserve our rights to change particular payment restrictions (including from those published or included herein) without notice and to the extent required to meet our regulatory obligations.
   2. Simplified Due Diligence may be restricted to domestic ATM access, along with reduced annual maximum load limits and capped annual withdrawal limits. These limits will be subject to Scheme and regulatory requirements.
   3. You can make a Transfer to another Account by signing into your Account and following the relevant instructions.
   4. When sending funds to your Account with us, we recommend that you or other senders make a SEPA Transfer using your PCSIL IBAN.
   5. We cannot be held liable for the payment process or fees associated with bank(s) and or intermediary bank(s) to process payments from you to us. Any fee(s) charged by third parties, not limited to receiving, processing or crediting a payment for you will be deducted by us before crediting the remaining balance to you.
   6. You are responsible for checking and confirming payment details and fees before making a payment to us or to your Account.
   7. PCSIL will credit payments received to your Account at least once a day and before the end of the Business Day. Amounts received after the cut off period will be processed the next Business Day and you will hold PCSIL free and clear from any responsibility is this regard.
   8. You may be asked to provide us with evidence of source of funds in order for us to meet our regulatory requirements, in which case you agree to provide that evidence promptly. You represent and warrant to us that the evidence you provide to us is up to date, complete and accurate.
   9. Where so enabled you may change your PIN at selected ATMs subject to a Fee.
   10. Where enabled, you may be eligible to instruct companies to create regular SEPA Transfers from your Irish issued and registered Account. You will be responsible for ensuring that the correct details are provided in order for the SEPA Transfer to be created for you. You must ensure at all times that you have a sufficient balance on your Account to allow for the funds to be debited from your Account. You are responsible for checking the terms and conditions that have been provided to you by the SEPA Transfer originator. PCSIL and/or OmniWire reserve(s) the right to decline or terminate any SEPA Transfer instruction(s) that you have requested.
   11. You may incur a charge for unpaid SEPA Transfers if there are not enough funds in your Account to pay an incoming SEPA Transfer request.
5. Use of the Payment Services
   1. You may access your Account information by logging into your Account through our website. From here you will be able to view details on your Transactions, including dates, currencies, charges or exchange rates applied. This information is accessible at any time and can be stored and reproduced as necessary.
   2. You can use the Payment Services up to the amount of the Available Balance for Transactions.
   3. If the Available Balance is insufficient to pay for a Payment, some Merchants will not permit you to combine use of a Card or Account with other payment methods.
   4. The value of each Transaction and the amount of any Fees payable by you under this Agreement will be deducted from the Available Balance.
   5. Once a Transaction is authorised, the relevant payment order may not be withdrawn (or revoked) by you after the time it is received. A Transaction will be deemed to have been received by us at the time you authorise the Transaction as follows:
      1. For Payments and ATM Transactions, at the time we receive the payment order for the Transaction from the Merchant acquirer or ATM operator, and
      2. A payment order for a Transfer or SEPA Transfer is provided to and received by us at the time it is issued by you via the Account;
   6. Where a revocation of an authorised payment is agreed between us and you, we may charge a Fee for revocation.
   7. We will ensure that the amount of a SEPA Transfer is credited to the payment service provider of the payee by end of the Business Day following the time of the receipt of your payment order. If the payment service provider of the Merchant is located outside the EEA, we will effect payment as soon as possible and in any event as required by applicable law.
   8. In order to protect you and us from fraud, Merchants may seek electronic authorisation before processing any Payment. If a Merchant is unable to get an electronic authorisation, they may not be able to authorise your Payment.
   9. We may refuse to authorise any use of the Payment Services which could breach these terms and conditions or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or un-permitted use of the Payment Services.
   10. Your ability to use or access the Payment Services may occasionally be interrupted, for example if we need to carry out maintenance on our Systems. Please contact Customer Services via our website to notify us of any problems you are experiencing using your Card or Account and we will endeavour to resolve any problem.
   11. Where applicable, you may apply to us for up to 3 Secondary Cards, for use by Additional Cardholders on your Account. Additional Cardholders, for whom you are legally responsible, must be 13 years of age or older. All other Additional Cardholders must be 18 years of age or older. It is your responsibility to authorise the Transactions incurred by each Additional Cardholder on the relevant Secondary Card and to ensure that the Additional Cardholder keeps to the provision of this Agreement. You are responsible for their use of the Secondary Card and for paying any amounts they add to your Account even if the Additional Cardholder does not keep to the provisions of this Agreement. We accept no responsibility or liability of any kind whatsoever for use of any Secondary Card by any Additional Cardholder for Transactions not authorised by you. If you successfully register and request one, we will send you a Secondary Card in the name of the Additional Cardholder with a copy of this Agreement, for which we will charge you an Additional Card Fee. Upon receipt of the Secondary Card, you may give the Secondary Card to the Additional Cardholder for their use, subject to:
       1. you providing them with the copy of this Agreement (by using the Secondary Card the Additional Cardholder consents to the terms of this Agreement, which will then bind you and the Additional Cardholder in relation to the use of the Secondary Card);
       2. the condition that the Secondary Card must only be used by that person;
       3. you continuing to hold the Account and the Card with which the Secondary Card is associated;
       4. you informing the Additional Cardholder that you have retained the Primary Card and that you are still able to use the Account;
       5. us obtaining such further information and documentation in order to enable us to comply with all applicable Customer Due Diligence anti-money laundering requirements in relation to the Additional Cardholder.
   12. You will remain responsible for the use of the Payment Services, and for any Fees and charges incurred by the Additional Cardholder(s), and you will continue to be regarded as the holder of any funds already or subsequently loaded on the Account. The use of a Card in relation to which an Additional Cardholder has been registered will be regarded as confirmation that you have provided the Additional Cardholder with this Agreement.
   13. You or any Additional Cardholder may ask us to remove that Additional Cardholder, and in that case, you must cut the relevant Secondary Card in half.
   14. You agree that we may give information about your Account to each Additional Cardholder and restrict what Additional Cardholders can do in relation to your Account.
   15. Except as required by law, we shall not be responsible, and you will be solely responsible, for compiling and retaining your own copy of the data in your Account and your activities in connection with this Agreement. Upon the termination of this Agreement for any reason, we shall have no obligation to store, retain, report, or otherwise provide any copies of, or access to, the Transaction data or any records, documentation or other information in connection with any Transactions or the Account.
   16. You agree to only use the Payment Services for lawful purposes and to adhere at all times to all laws, rules, and regulations applicable to the use of the Payment Services, including the terms of this Agreement.
   17. You may not use the Payment Services to receive or transfer any funds on behalf of any other natural person or legal entity.
6. Access by Third Party Providers
   1. You may consent to regulated third party providers (PISPs or AISPs) accessing your Account online to make payments or obtain information about balances or Transactions on your Card and/or Account.
   2. The PISPs and/or AISPs must be appropriately registered and authorised in accordance with PSD2. You should check with the regulatory authority of the relevant country before giving consent to the relevant PISP/AISP.
   3. Any consent you give to a third-party provider is an agreement between you and it, we will have no liability for any loss whatsoever, as a result of any such agreement.
   4. Before giving consent, you should satisfy yourself as to what degree of access you are consenting to, how it will be used and who it may be passed on to.
   5. You should make yourself aware of any rights to withdraw the consent of access from the third-party provider and what process it has in place to remove access.
   6. To the extent permitted by law or regulation and subject to any right to refund you may have under this Agreement, between you and us, we are not responsible for any actions that the relevant third party takes in relation to suspending or terminating your use of their service or for any resulting losses. We are also not responsible for, or a party to, any agreement that you enter into with any relevant third party. You should make sure that you read and comply with such agreement or other applicable policies and note that this Agreement will continue to apply between us including to any Payment Services and our Fees as stated continue to apply.
   7. Where appropriate, we may deny access to your Account, to any third party where we consider such access to be a risk of money laundering or terrorism financing, fraud or other criminal activity. Should we need to take these actions and where possible, we will give reasons for doing so unless restricted by law or for internal security reasons.
7. Condition of Use at Certain Merchants
   1. In some circumstances we or Merchants may require you to have an Available Balance in excess of the Payment amount. For example, at restaurants you may be required to have 15% more on your Card than the value of the bill to allow for any gratuity or service charge added by the restaurant or you.
   2. In some circumstances Merchants may require verification that your Available Balance will cover the Payment amount and initiate a hold on your Available Balance in that amount, examples include rental cars. In the event a Merchant places a pre-authorisation on your Account, you will not have access to these funds until the Payment is completed or released by the Merchant which may take up to 30 days.
   3. If you use your Card at an automated fuelling station, subject to Merchant acceptance, your Card may need to be pre-authorised for a pre-determined amount in the relevant currency. If you do not use the whole pre-authorisation or do not have Available Balance to obtain a pre-authorisation, it is possible that the pre-authorised amount will be held for up to 30 days before becoming available to you again.
   4. Some Merchants may not accept payment using our Payment Services. It is your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept payment using our Payment Services.
   5. In relation to any dispute between the you and a Merchant, provided you are able to satisfy us that you have already made all efforts to resolve the dispute with the relevant Merchant, we will attempt to assist you so far as is reasonably practicable. We may charge you a chargeback processing fee as referenced in the Fees & Limits Schedule provided to you with this document, for any such assistance we may give you with any dispute. If there is an un- resolvable dispute with a Merchant in circumstances where the Card has been used for a Payment, you will be liable for the Payment and will have to resolve this directly with the relevant Merchant.
8. Managing & Protecting Your Account
   1. You are responsible for the safekeeping of your username and password for your Account (“Access Codes”) and the personal identification number for your Card (“PIN”).
   2. Do not share your PIN with anyone. You must keep your PIN safe and separate from your Card or any record of your Card number and not disclose it to anyone else. This includes:
      1. memorising your PIN as soon as you receive it, and destroying the post mail or other authorised communication used to transmit it to you;
      2. never writing your PIN on your Card or on anything you usually keep with your Card;
      3. keeping your PIN secret at all times, including by not using your PIN if anyone else is watching;
      4. not disclosing your PIN to any person.
   3. The user of the Card(s) must sign the signature strip on any Personalised Card immediately when received.
   4. If you forget your PIN, you should use your in-app PIN Reminder or in-app help or call the automated IVR helplines on +44 (0) 808 169 9453.
   5. Do not share your Access Codes with anyone except an Authorised Person. If you disclose the Access Codes to any Authorised Person, you are responsible and liable for their access, use or misuse of the Account, their breach of the terms of this Agreement or disclosure of the Access Codes.
   6. The Payment Services may only be used by you and each Additional Cardholder or Authorised Person.
   7. You must not give the Card to any other person or allow any other person to use the Payment Services except Authorised Persons or Additional Cardholders. You must keep the Card in a safe place.
   8. Failure to comply with Clauses 8.2 and/or 8.5 may affect your ability to claim any losses under Clause 14 in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, intentionally, with undue delay or with gross negligence. In all other circumstances your maximum liability shall be as set out below at Clause 15.
   9. If you believe that someone else knows your Account or Card security details, you should contact us immediately in accordance with Clause 13.
   10. Once your Card has expired (see Clause 11), or if it is found after you have reported it as lost or stolen, you must destroy your Card by cutting it in two, through the magnetic strip.
9. Identity Verification
   1. If you enter into Transactions over the internet, some websites require you to enter your name and address. In such cases you should supply the most recent address which has been registered with us by you as the Account address. The Account address is also the address to which we will send any correspondence.
   2. You must notify us within 7 days of any change in the Account address or your other contact details. You can notify us by contacting Customer Services who may require you to confirm such notification in writing. You will be liable for any loss that directly results from any failure to notify us of such a change as a result of undue delay, your gross negligence or fraud. We will need to verify your new Account address and shall request the relevant proofs from you.
   3. We reserve the right at any time to satisfy ourselves as to your identity and home address (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Account, you authorise us to perform electronic identity verification checks directly or using relevant third parties.
10. Right to Cancel ("Cooling-Off')
    You have a right to withdraw from this Agreement under the following conditions:
    1. Where you purchased the Payment Services then you have a “Cooling Off” period of 14 days beginning on the date of the successful registration of your Account, to withdraw from this Agreement and cancel the Payment Services, without any penalty but subject to deduction of any reasonable costs incurred by us in the performance of any part of the provision of services before you cancel. You must contact us within this 14-day period and inform us that you wish to withdraw from this Agreement, and you must not use the Payment Services. We will then cancel the Payment Services and reimburse the amount of Available Balance on the Account to you. However, we reserve the right to hold the Available Balance for up to 30 business days from receipt of your instructions before returning the balance, to ensure that details of all Transactions have been received.
    2. After the Cooling Off period you may only terminate the Payment Services as described in Clause 12.
11. Expiry & Redemption
    1. Your Card has an expiry date printed on it (the “Expiry Date”). The Card (and any Secondary Card) and any PCSIL IBAN linked to the Card will no longer be usable following the Expiry Date, and you must not use it after that time, but you will still be able to receive and send funds to and from the Account associated with the Card.
    2. If a Card expires before your Available Balance is exhausted, you can contact Customer Services to request a replacement Card, provided you do so within 14 days before the Expiry Date printed on your Card and subject to payment of a Fee (where specified). We reserve the right to issue you with a replacement for an expired Card even if you have not requested one.
       If you have not requested a replacement Card, you will not be charged a Card Replacement Fee.
    3. If your PCSIL IBAN is linked to your Account, rather than linked to your Card, then it will not expire when the Card expires, but will be available to use as long as the Account is available for your use.
    4. Your funds are available for redemption by contacting us at any time. We reserve the right to request identification documentation in order to ensure redemption is performed in strict accordance with applicable law.
    5. When redemption is requested by you before the termination of this Agreement in accordance with clause 12, or more than one (1) year after the date of termination of this Agreement in accordance with clause 12, we shall charge a Redemption Fee.
    6. Provided that your request for redemption is made less than 12 months following the date on which this Agreement ends under Clause 12, redemption will not incur any Redemption Fee. If you make a request for redemption more than 12 months after the date on which this Agreement ends under Clause 12 an Account Closure Fee may be charged (where specified).
    7. We shall have the absolute right to set-off, transfer, or apply sums held in the Account(s) or Cards in or towards satisfaction of all or any liabilities and Fees owed to us that have not been paid or satisfied when due.
    8. We shall have the absolute right to close your Account and submit a chargeback claim for the relevant Transactions if your Account is in negative standing for more than 60 days. If our chargeback is successful, funds paid to your Account may only be used to credit your Card or Account, and your Account will remain closed.
    9. If your Account is inactive (including without limitation no access to the account or payment Transactions) for at least 2 consecutive years and has an Available Balance, we may (but we are not obliged to) notify you by sending an e-mail to your registered e-mail address and give you the option of keeping your Account open and maintaining or redeeming the Available Balance. If you do not respond to our notice within thirty (30) days, we will automatically close your Account and initiate a Transfer of your Available Balance to the last payment account notified by you to us (your “Nominated Bank Account”).
12. Termination or Suspension of Your Account and/or Processing of Transactions
    1. We may terminate this Agreement and your use of the Payment Services with prior notice of at least 2 months.
    2. Your use of your Card and any PCSIL IBAN linked to the Card ends on the Expiry Date in accordance with Clause 11.2.
    3. This Agreement and your use of the Payment Services will also end when your ability to initiate all Transactions ceases.
    4. We may terminate or suspend, for such period as may reasonably be required, your use of the Payment Services in whole or in part at any time or the processing of any Transaction(s) if:
       1. there is any fault or failure in the relevant data processing system(s);
       2. we reasonably believe that you have used or are likely to use the Payment Services, or allow them to be used, in breach of this Agreement or to commit an offence;
       3. any Available Balance may be at risk of fraud or misuse;
       4. we suspect that you have provided false or misleading information;
       5. we are required to do so by law, the police, a court or any relevant governmental or regulatory authority;
       6. we are required to fulfil our legal obligations in relation to the fight against money laundering and financing of terrorism;
       7. there is suspicion of unauthorised or fraudulent access to or use of your Account or that any of its security features have been compromised, including the unauthorised or fraudulent initiation of a Transaction;
       8. we have reasonable grounds to believe you are carrying out a prohibited or illegalactivity;
       9. we are unable to verify your identity or any other information pertaining to you, your Account or a Transaction.
    5. If any Transactions are found to have been made using your Card after expiry or any action has been taken by us under Clause 12.4, you must immediately repay such amounts to us.
    6. Where it is practicable and lawful for us to do so or would not compromise reasonably justified security reasons, we will notify you via email of the suspension or restriction and the reasons for it before such measures take place or immediately thereafter.
    7. We will reinstate your Account or execute the relevant Transaction(s) as soon as practicable after the reasons pursuant to Clause 12.4 no longer apply or exist.
    8. If you wish to terminate the Payment Services at any time, you must request termination and the return of your Available Balance by email to our address in Clause 2 from the email address registered in your Account. Our Customer Services department will then suspend all further use of your Payment Services.
    9. Once we have received all the necessary information from you (including any Customer Due Diligence) and all Transactions and applicable Fees and charges have been processed, we will refund to the you any Available Balance less any Fees and charges payable to us, provided that:
       1. you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
       2. we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.
    10. Once the Payment Services have been terminated, it will be your responsibility to destroy the Card(s) that were provided to you.
    11. If, following reimbursement of your Available Balance, any further Transactions are found to have been made or charges or Fees incurred using the Card(s) or we receive a reversal of any prior funding Transaction, we will notify you of the amount and you must immediately repay to us such amount on demand as a debt.
13. Loss or Theft of your Card or Misappropriation of Your Account
    1. If your Card is lost or stolen or if you think someone is using your Card, PIN and/or Access Codes without your permission or if your Card is damaged or malfunctions:
       1. you must contact us as soon as possible and you must provide us with your Account or Card number and either your Username and Password or some other identifying details acceptable to us so that we can be sure we are speaking to you; and
       2. Provided we have obtained your consent to close the Account, we will then provide you with a replacement Card with a corresponding new Account loaded with an amount equivalent to your last Available Balance.
    2. Once we have been notified of any loss or theft, we will suspend the Payment Services as soon as we are able, to limit any further losses (see Clause 14). We can only take steps to prevent unauthorised use of the Payment Services if you can provide us with the Account or Card number and Username and Password and if you can produce sufficient details to identify yourself and the relevant Account.
    3. Replacement Cards will be posted to the most recent Account address registered by you. Failure to provide the correct address will result in a Card Replacement Fee.
    4. If you subsequently find or retrieve a Card that you have reported lost or stolen, you must immediately destroy the found Card by cutting it in half through the magnetic stripe and chip.
    5. You agree to help us, our agents, regulatory authorities and the police if your Card is lost, stolen or if we suspect that the Payment Services are being misused.
14. Liability for Unauthorised or Incorrectly Executed Transactions
    1. Subject to Clauses 14.2, 14.3 and 14.6, we will reimburse you in full for all unauthorised Transactions sent from your Account immediately and in any event no later than the end of the following Business Day after noting or being notified of the Transaction (except where we have reasonable grounds for suspecting fraud), provided that you have informed us of the unauthorised Transaction without undue delay after becoming aware of the Transaction and in any event, no later than 13 months after the Transaction was executed. Where applicable, we shall restore your Account to the state in which it would have been had the unauthorised Transaction not taken place, so that that the credit value date shall be no later than the date the amount had been debited.
    2. You may be liable for losses relating to any unauthorized Transactions up to a maximum of €50 resulting from the resulting from the use of a lost or stolen Card or the misappropriate of your Account, unless the loss, theft or misappropriation was not detectable to you prior to payment (except where you acted fraudulently) or was caused by acts or lack of action of our employee, agent, branch or service provider.
    3. You are liable for any losses incurred by an unauthorised Transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your Account in accordance with the terms of this Agreement or to keep your Access Codes confidential and secure in accordance with Clause 8.
    4. You shall not be liable for losses incurred by an unauthorised Transaction which takes place after you have notified us of a compromise of your Access Codes according to Clause 8, unless you have acted fraudulently, or where we have failed to provide you with the means to notify us in the agreed manner without delay on you becoming aware of the loss, theft, misappropriation or unauthorised use of your Card or Account.
    5. We shall not be liable for a refund or losses incurred by an incorrectly or non-executed payment Transaction if the details of the payee’s account provided by you were incorrect or we can prove that the full amount of the Transaction was duly received by the payment service provider of the payee.
    6. We shall not be liable for any unauthorised or incorrectly executed Transactions in case the Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal obligation.
    7. Where we are liable for the incorrect execution of a Transfer or SEPA Transfer that you receive under this Agreement, we shall immediately place the amount of the Transaction at your disposal in accordance and credit the corresponding amount to your Account no later than the date on which the amount would have been value dated, had the Transaction been correctly executed.
    8. Where we are liable for the incorrect execution of a Payment, Transfer or SEPA Transfer by you as payer, we shall, without undue delay, refund to you the amount of the non-executed or defective Transaction, and, where applicable, restore the debited Account to the state in which it would have been had the defective Transaction not taken place.
    9. In the case of a non-executed or defectively executed Payment Transfer or SEPA Transfer by you as payer, we shall, regardless of whether we are liable, on request, make immediate efforts to trace the Transaction and notify you of the outcome, free of charge.
    10. A Payment initiated by or through a payee (e.g. a Merchant) shall be considered to be unauthorised if you have not given your consent for the Payment to be made. If you believe that a Payment has been made without your consent you should contact us in accordance with Clause 2.
    11. A claim for a refund of an authorised Payment initiated by or through a payee (e.g. a Merchant) where the authorisation did not specify an exact amount of payment Transaction (and the amount of the Payment exceeded the amount that you reasonably could have expected taking into account your previous spending pattern, this Agreement and the circumstances of the case), must be made within 8 weeks from the date on which the funds were deducted from your Available Balance. Within 10 Business Days of receiving your claim for a refund or within 10 Business Days of receiving further information from you, we will either refund the full amount of the Payment as at the date on which the amount of the Payment was debited or provide you with justification for refusing the refund.
    12. The right to a refund under this Clause 14 does not apply where you have given consent directly to us for the Payment to be made and, if applicable, information on the Payment was provided or made available to you by us or the payee in an agreed manner for at least four weeks before the due date.
    13. If you are not satisfied with the justification provided for refusing the refund or with the outcome of your claim for a refund, you may submit a complaint to us or contact the complaints authority as described in Clause 16.
    14. If at any time we have incorrectly deducted money from your Available Balance, we shall refund the amount to you. If we subsequently establish that the refunded amount had been correctly deducted, we may deduct it from your Available Balance and may charge you a Fee. If you do not have sufficient Available Balance, you must repay us the amount immediately on demand.
    15. Where any request, Transaction, disputed Transaction, arbitration or reversed Transaction involves third party costs, you remain liable for these and they will be deducted from your Account or otherwise charged to you.
15. General Liability
    1. Without prejudice to Clause 14 and subject to Clause 15.4;
       1. neither party shall be liable to the other for indirect or consequential loss or damage (including without limitation loss of business, profits or revenues), incurred in connection with this Agreement, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise;
       2. we shall not be liable:
          1. if you are unable to use the Card or Payment Services for any valid reason stated in this Agreement;
          2. for any fault or failure beyond our reasonable control relating to the use of the Payment Services, including but not limited to, a lack of Available Balance or fault in or failure of data processing systems;
          3. for any loss, fault or failure relating to the use of a Third-Party Provider as stated in Clause 6.3, 6.6 and 6.7 of this Agreement,
          4. if a Merchant refuses to accept a Payment or fails to cancel an authorisation or pre- authorisation;
          5. for the goods or services that are purchased with your Card;
          6. for any dispute you might have with a Merchant or other user of the Payment Service where you acted with:
             15.1.ii.6.1. undue delay 15.1.ii.6.2. fraudulently; or
             15.1.ii.6.3. with gross negligence (including where losses arise due to your failure to keep us notified of your correct personal details)
    2. You agree that you will not use the Payment Services in an illegal manner and you agree to indemnify us against any claim or proceeding brought about by such illegal use of the Payment Services by you, your Authorised Person(s) and Additional Cardholder(s).
    3. You are solely responsible for your interactions with Merchants or other users of the Payment Service. We reserve the right, but have no obligation, to monitor or mediate such disputes.
    4. To the fullest extent permitted by relevant law, and subject to Clause 14 and Clause 15.5, our total liability under or arising from this Agreement shall be limited as follows:
       1. where your Card is faulty due to our default, our liability shall be limited to replacement of the Card or, at our choice, repayment to you of the Available Balance; and
       2. in all other circumstances of our default, our liability will be limited to repayment of the amount of the Available Balance.
    5. Nothing in this Agreement shall exclude or limit either Party's liability in respect of death or personal injury arising from that party's negligence or fraudulent misrepresentation.
    6. No party shall be liable for, or be considered in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such Party's reasonable control.
16. Dispute Resolution
    1. We are committed to providing an excellent customer experience for all our Customers. If we do not meet your expectations in any way, we want to have the opportunity to put things right.
    2. In the first instance, your initial communication will be with our Customer Services Team who can be contacted by Email to support@myatmen.com and pcsilinfo@prepaidfinancialservices.com . Our Customer Services Team will listen to your needs and will do their best to solve your issue promptly and fairly. We value the opportunity to review the way we do business and help us meet our customers’ expectations.
    3. If having received a response from our Customer Services Team you are unhappy with the outcome, please contact the Complaints Team of PCSIL, Front Office, Scurlockstown Business Park, Trim, Co. Meath, C15 K2R9 in writing via email on pcsilcomplaints@prepaidfinancialservices.com
    4. Once received, the Complaints Team will conduct an investigation and you will receive a response of its findings within 15 Business Days of receipt of the complaint. In exceptional circumstances where we are unable to reply within the first 15 Business Days, we will reply providing a reason for the delay and deadline for response, not more than 35 Business Days after first receipt of complaint.
    5. If the Complaints Team is unable to resolve your complaint and you wish to escalate your complaint further, please contact the Financial Services and Pensions Ombudsman at Lincoln House, Lincoln Place, Dublin 2,D02 VH29. Details of the service offered by the Financial Services and Pensions Ombudsman are available at https://www.fspo.ie/ or alternatively you can lodge your complaint in your country of domicile with the Online Dispute Resolution process at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN
    6. You must provide us with all receipts and information that are relevant to your claim.
17. Your Personal Data
    1. PCSIL is a registered Data Controller with the Data Protection Commission in Ireland.
    2. In order for us to provide you with the services relating to your Account, we are required to collect and process personal data about you, Additional Cardholders and Authorised Persons, with your consent or on a legal basis to meet our obligations for Anti-Money Laundering legislation or other governmental organisation. Where applicable, if an Account holder is under 16, then parental consent is explicitly required.
    3. Your consent will be sought for collection of your data and you have the right to agree or decline. Where you decline consent for the collection and processing of your data, we reserve our right to discontinue service due to our obligations as a financial services institution.
    4. We may disclose or check your personal data with other organisations and obtain further information about you in order to verify your identity and comply with applicable money laundering and governmental regulations. A record of our enquiries will be left on your file.
    5. We may pass your personal data on to third-party service providers contracted to PCSIL in the course of dealing with your Account. Any third parties that we may share your data with are obliged to keep your details secure, and to use them only to fulfil the service they provide you on our behalf. Where we transfer the personal data to a third country or international organisation, we ensure this is done securely and that they meet a minimum standard of data protection in their country.
    6. You have the right to receive information concerning the personal data we hold about you and to rectify such data where it is inaccurate or incomplete. You have the right to object to or withdraw any consent you have given for certain types of processing such as direct marketing.
    7. Your data will be retained for 6 years after the end of the provision of services to you, where your data will be destroyed in compliance with the requirements of the General Data Protection Regulation.
    8. In the event that you wish to make a complaint about how your personal data is being processed by us (or third parties as described in 17.5 above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and PCSIL’s Data Protection Officer.
    9. Our Privacy Policy provides full details on your rights as a data subject and our obligations as a data controller. Please read this document carefully and ensure you understand your rights.
18. Changes to the Terms and Conditions
    We may update or amend these terms and conditions (including our Fees & Limits Schedule). Notice of any changes will be given on our website, or by e-mail notification, or by SMS at least 2 months in advance. By continuing to use the Payment Services after the expiry of the 2-month notice period you acknowledge that you indicate your acceptance to be bound by the updated or amended terms and conditions. If you do not wish to be bound by them, you should stop using the Payment Services and terminate this Agreement in accordance with Clause 10 before the changes take effect.
19. Miscellaneous
    1. We may assign or transfer our rights, interest or obligations under this Agreement to any third party (including by way of merger, consolidation or the acquisition of all or substantially all of our business and assets relating to the Agreement) upon 2 months’ written notice. This will not adversely affect your rights or obligations under this Agreement.
    2. Nothing in this Agreement is intended to confer a benefit on any person who is not a party to it, and therefore no such person shall have any right under Irish Legislation, but this Clause do not affect a right or remedy of a third party which exists or is available apart from that Legislation.
    3. Any waiver or concession we may allow you, will not affect our strict rights and your obligations under this Agreement.
    4. This Agreement and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement.
20. Funds Protection
    All relevant funds corresponding to your Available Balance are segregated from our funds and held in the Customer Funds Account in accordance with the safeguarding requirements of the Electronic Money Regulations 2011 by law. In the event that we became insolvent those funds are protected against claims made by any of our creditors.
21. Regulation & Law
    1. The Payment Services, Card and Account are payment services and not deposit, credit or banking products and are not covered by the Deposit Guarantee Scheme.
    2. This Agreement shall be governed by and interpreted in accordance with the laws of Ireland, and any dispute or claim in relation to this Agreement shall be subject to the non-exclusive jurisdiction of the Irish courts. However, if you reside outside of Ireland you may bring an action in your country of residence.
22. Fee and Limits Schedule

Signed and Agreed to:

Marvyn Smith,
CEO Atmen Ltd.
29-10-2020

Sergey Bekiyants,
CEO OmniWire Ltd.
29-10-2020