This Agreement contains the terms on which we provide the Services to you.Please read this Agreement in full before you start using the Services; it contains important information about us, the Services we will provide to you, the circumstances under which this Agreement may be changed or ended, what to do and how to access help from us in the event there is a problem as well as other relevant information.Please contact us support@mondogate.com if wish to discuss.This Agreement refers to other documents that apply to the use of the Services as follows:Privacy Policy, General Terms of ServicesThese additional documents are not part of the Framework Contract.By starting to use the Services (including, for example, downloading the app, logging into your Card Account, loading your Card Account or using the Card to transact) you confirm that you accept and agree to this Agreement (including any updates to this Agreement and the other documents referred to above).
Our company information: Monavate Limited is a company incorporated under the laws of England and Wales with registered company number 12472532. Our registered address is The Officers Mess Business Centre Royston Rocomplaad Duxford, Cambridge, CB22 4QH (“Monavate”, “us”, “we”, “our”, as applicable in the context).We are authorised by the FCA: Monavate Limited is authorised by the Financial Conduct Authority (“FCA”) (registration number 901097) to issue electronic money and provide payment services.How to contact us: You can contact us:By phone: 01223 626 580By email: info@monavate.comBy writing to:Monavate Cambridge
The Officers’ Mess
Royston Road
Duxford
Cambridge
CB22 4QHBy instant messaging / chat: When logged into your Card Account.
Card means the payment card issued by us to you that is connected to your Card Account.Card Account means an e-money account issued to you by us that you may load with funds and use to transact that is connected to a virtual IBAN.Framework Contract means a contract for payment services which governs the future execution of individual and successive payment transactions and which may contain the obligation and conditions for setting up a payment account as defined in the UK Payment Services Regulations 2017.Funding Source means a payment instrument (such as a credit card, debit card or bank account) that you can link to your Card Account by entering its credentials and subsequently use for Top-Ups from time to time.Services means the Card, Card Account and other services provided by us to you in connection with the Card.Supported Currencies means those foreign currencies that we support and can be loaded onto a Card Account for spending.Top-Up means loading “topping up” your Card Account with funds.
The Card and the Card Account are issued by us – Movavate Limited. Please see our company’s details in Section 2 (Who we are and how to contact us).CardThe Card is a payment card that can be used for online and in-store purchases worldwide at merchants who accept Mastercard/Visa payment cards as a form of payment for goods and services. The Card is not a credit card or a charge card, nor is it a debit card linked to a current account.Card AccountThe Card Account is an e-money account linked to a virtual IBAN. You may load the Card Account with e-money using different payment methods (see Section 5.3).No interest is payable to you on the balance of funds held in the Card Account; nor does the balance of funds held in the Card Account constitute a deposit.The Card Account may be used to transact. In order to use the Card Account to transact, you must first load funds onto the Card Account (please see Section 5.3).Once loaded with funds, you may send funds from the Card Account to another payment account.Each time you transact using the Card Account or the Card, the balance of funds held in the Card Account will be reduced by the amount of the transaction plus any applicable fees.You may load your Card Account with funds in EUR, GBP or USD. We do not support all foreign currencies.Please note that the funds held in your Card Account are NOT protected by the Financial Services Compensation Scheme; however, we follow the requirements of the Electronic Money Regulations 2011 which are designed to ensure the safety of funds held on accounts such as this.
If you attempt to send money from the Card Account or pay for a purchase using the Card and you have an insufficient balance of funds held in your Card Account to make that payment, the payment will be declined.You must have a sufficient balance of funds held in your Card Account to make a payment. The balance of funds held in your Card Account must not be negative.If you attempt to make a payment using the Card Account or Card in a particular currency and you do not hold a sufficient balance of that currency in the Card Account or the payment otherwise anticipates a currency that we do not support, the payment will be automatically processed using a balance of another currency that you do hold in your Card Account and a currency conversion rate will be applied (please see section 9.3 for currency conversion rates).If you do not hold a balance in another currency upon which to draw funds to cover a payment, your payment will be declined.
You will need to authorise a transaction before we can charge it to your Card Account.
If the Card, card number and PIN, biometric data or other security details have been used, we will assume you have authorised the transaction. You must therefore tell us immediately if you do not recognise a transaction that has been charged to your Card and is listed as a transaction in your secure personal log in area of our website.
There are certain situations in which we may refuse to authorise a transaction and/or where we may suspend your use of your Card and/or the Card Account. These situations are:
If your payment order is received by us after 4pm on a business day or not on a business day, your payment order will be deemed received on the following business day.
a. in euro;b. executed wholly in the UK in sterling; orc. involving only one currency conversion between the euro and sterling, provided that:i.the required currency conversion is carried out in the UK; andii.in the case of cross-border transactions, the cross-border transfer takes place in euro,by transferring the amount of the transaction to the payment service provider of the payee by the end of the next business day following the receipt of the payment order.
There may be limits on the amount of funds you can load in to the Card Account. We may also place limits on using the Card Account and/or the Card for payments above a certain amount, from time to time. For further information relating to the limits placed on the Card Account and/or the Card, you can view our website https://mondogate.co.uk/terms-of-service/.
When using your Card at certain merchants (such as, for example, hotels or car rentals), an additional amount (typically 10%-20%) may be added to anticipated service charges or tips, temporarily reducing the balance of funds held on the Card Account. This is to ensure there are sufficient funds available to cover the final cost of the transaction and to reduce the risk of a negative balance arising on the Card Account. If your actual service charge or tip is less than the additional amount added, it may take up to seven (7) days from the date of the transaction before the difference is available to spend. Only the actual amount of the final bill agreed between you and the merchant will be deducted from the funds held on the Card Account.
In the unlikely event, a transaction is completed when there are insufficient funds in the Card Account for that transaction (a “Shortfall“), the Shortfall shall be reimbursed by you unless it is due to an error on the part of the Merchant where the Card was presented, in this circumstance we may seek the Shortfall from the Merchant.You agree that once we make this Shortfall known to you, we may charge you for the Shortfall amount and deduct the amount from the balance of funds loaded into the Card Account or from your linked Funding Source. We may also charge the amount of the Shortfall from any other Cards that you hold with us, or any other payment method which you may designate at that time, or against any funds which you may subsequently load into the Card Account. Until we are reimbursed the Shortfall amount, we may suspend the Card Account and the Card. In addition, we reserve the right to charge you an administration fee for each transaction that you make using the Card Account and/or Card that results in a Shortfall or increases the Shortfall amount on the Card Account.
You may only use your Card up until the expiry date which is printed on the front of the physical Card. We will aim to send you a new Card prior to your Card expiring; we may ask you to confirm some details prior to our sending you a new Card.Fees may apply in certain cases where we send you a new Card. Please see the fees set out on our website https://mondogate.co.uk/terms-of-service/.
You may withdraw funds held in your Card Account by first logging into the secure personal log in area of our website and following the relevant prompts on the screen at the time of transacting. You may only withdraw the balance of the funds held in the Card Account at any point in time minus the amount of any pending transactions.
You may be charged a fee for withdrawing funds. Please see the fees page on our website https://mondogate.co.uk/terms-of-service/.
Withdrawing all of your funds from your Card Account does not automatically close the Card Account, the Card or otherwise end this Agreement. If you would like to end this Agreement, you must follow the steps in section 13 (closing your Card Account and ending this Agreement).
For transactions made using the Card, we will use the relevant exchange rate published by Mastercard or Visa (available here https://mondogate.co.uk/terms-of-service/). For making payments from the Card Account, we will use the relevant exchange rate provided by our third-party provider (available here https://mondogate.co.uk/terms-of-service/).We will also apply our margin which is available on the fees pages of our website https://mondogate.co.uk/terms-of-service/. Any change in the relevant exchange rate will be applied immediately and without notice to you. We may also change our exchange rate provider at our discretion, without notice to you.
You must take adequate measures and use best efforts to prevent unauthorized access/use of the Services: To help you keep your Card Account and Card secure, you are required to:
If you lose the security credentials used to access your Card Account or your Card details or if they are stolen, or you suspect that the Card Account and/or Card has been used by someone other than you, you must tell us immediately by contacting us on our contact details available here https://mondogate.co.uk/contact/, so we can block your Card and/ or access to your Card Account. If possible, you must also log into your secure personal log in area of our website and suspend use of your Card.Please note that we may require you to provide some information in relation to your security credentials and/ or Card being lost, theft or misuse in writing. You must assist us with any related enquiries.
In the event we suspect there is an issue with the Card Account and/or Card (for example, such as fraud or security threats) we will contact you, in the first instance, by phone. If we cannot get through to you by phone, we will send you an email.For this reason, you must maintain a current phone number and email address in your secure personal log in area of our website.
In case of an unauthorised payment or where we have incorrectly executed a transaction, upon your request, we will, without delay, refund to you the amount of the transaction including all fees that we have charged for that particular transaction. You will not be entitled to a refund under this section:(a) where your Card, or the personalised security features used to access your Card Account, are lost, stolen or misappropriated. You will be liable for the first GBP 35 of any unauthorised payments if we believe you should have been aware of the loss, theft or unauthorised use. We will not hold you liable for the first GBP 35 if the unauthorised payment was caused either by our acts or omissions, or those of a third party expressly carrying out activities on our behalf.Your liability for the first GBP 35 also does not apply to any unauthorised transactions made after you have notified us that the security of your Card or Card Account has been compromised.(b) if you have acted fraudulently, in which case we will not refund you in any circumstances;(c) if the payment transaction was unauthorised but you have with intent or gross negligence compromised the security of your Card or Card Account or otherwise failed to comply with your obligations to use your Card or Card Account on the terms of this Agreement. In such a case you shall be solely liable for all losses; or(d) if you do not let us know about the unauthorised or incorrectly completed transaction without undue delay, and in any event, no later than 13 months from the date of the payment transaction.
We may, at our discretion, amend the Agreement at any time (including amendments and additions to our fees).
we may make such amendments immediately and notify you following such amendments.
If you do not agree to our proposed changes, you have a right to end the Agreement immediately free of charge. If you do not notify us of any disagreement with the proposed changes, we may assume you accept the changes to the Agreement on the date the change comes into force.
We may close your Card and Card Account or otherwise suspend access to the Services immediately in the following circumstances:
If we do not reasonably meet our commitments to you under the terms of this Agreement, we are only responsible for loss you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.The Card Account and the Card are consumer products; accordingly, if you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The law governing this Agreement is the law of England and Wales. The courts of England and Wales have jurisdiction to adjudicate any dispute between you and us in connection with this Agreement.
If you are not satisfied with the service you receive from us you should contact us support@mondogate.com.Correspondence may be monitored or recorded. Our complaints procedure is available on our website or upon requesting from us support@mondogate.com and, if we receive a complaint from you, a copy of our complaints procedure will automatically be sent to you.We will look into your case as quickly as possible. We aim to acknowledge your complaint within 24 hours and send you a final response within 15 business days. In rare occasions, we may need to extend the deadline by a further 20 business days to investigate your case in detail.If, having exhausted the complaints procedure above, you remain unhappy, you may complain to the Financial Ombudsman Service (FOS) on the following contact details:
We need to collect information about you to provide you with the Services under this Agreement. For information on how we use your personal data, please refer to our privacy notice https://mondogate.co.uk/privacy-policy.By entering into this Agreement, you acknowledge and agree that we may collect, process and store your personal information for the purposes of providing our Services to you. This does not affect any rights and obligations you or we have under data protection law.
We may assign or otherwise transfer any of our rights and obligations under the Agreement, without your prior consent, to any other person or business, subject to such party continuing the obligations in the Agreement to you.
This Agreement is between you and us only. Except for any party to whom we transfer this Agreement (under section 22.1), nothing in the Agreement gives any third party any benefit or right (including any enforcement right).