PECUNIA CARDS

Modified on Fri, 7 Nov at 4:58 PM



TABLA DE CONTENIDOS





TERMS AND CONDITIONS - DEBIT CARD AND ELECTRONIC MONEY ACCOUNT


The general and specific conditions detailed below govern the contractual relationship between PECUNIA CARDS EDE, S.L.U., with Tax ID No. B86972346 (hereinafter, "PECUNPAY"), with registered office at Avda. de Bruselas Nº35, 28108 – Alcobendas (Madrid) – and registered in the Madrid Mercantile Registry: T. 32368, F. 1, H. M-582661, 1st entry, and the holder (hereinafter, "HOLDER"), in relation to the financial services described therein.


PECUNPAY is an Electronic Money Institution (EMI), authorised by the Ministry of Economy and registered in the Bank of Spain Register under number 6707, with legal authorisation and suitability for the issuance, administration and management of electronic money and electronic/magnetic means of payment, as well as for the provision of payment services. It is supervised by the Bank of Spain, with headquarters at Calle Alcalá 48, 28014, Madrid.


PECUNPAY has appointed the banks Sabadell (Banco de Sabadell, S.A.), Unicaja (Unicaja Banco S.A.), Inversis (Banco Inversis, S.A.) and Abanca (ABANCA Corporación Bancaria, S.A) as depositary institutions for customer funds, for the management of said funds and the development of its activity as an electronic money issuer.


PECUNPAY provides the HOLDER with the following information regarding its contact details:

-    Telephone: +34 91 345 78 17 | 900 264 741


                      1.- GENERAL TERMS AND CONDITIONS OF THE ELECTRONIC MONEY ACCOUNT AND CARD AGREEMENT


1.1.- GENERAL TERMS AND CONDITIONS OF THE CONTRACT


This contract establishes the terms and conditions that will govern the electronic money account contract between PECUNPAY and the HOLDER (hereinafter, the "Contract").

The contracting of the electronic money account is linked to the contracting of a debit card (hereinafter, the "Card"), which the interested party expressly agrees to contract within the Contract signed and ratified between the parties.

The terms and conditions of the Card shall also be governed by these General and Specific Conditions contained in this document, except for any subsequent modifications that may affect their application and validity, which shall be made in accordance with and adapted at all times to the regulations in force.

The parties agree that the clauses contained in this Contract shall be considered as general terms and conditions of the contract, for the purposes indicated in Law 7/1998, of 13 April, on General Terms and Conditions of Contracts. They also agree that the language of the framework contract and of communication during the contractual relationship shall be Spanish.

PECUNPAY, as the predisposing party, has expressly and previously informed the HOLDER, as the adhering party, of the existence of the General Conditions listed in this document.

The HOLDER expressly states that they are aware of the conditions, that they understand them and that, consequently, they accept their incorporation into the Contract by signing it. At any time during the contractual relationship, the HOLDER who so requests shall be entitled to receive these General Contract Conditions in a durable medium, which shall be provided by PECUNPAY and made available to the HOLDER.

The HOLDER declares that they are acting in their own name and right and undertakes to provide PECUNPAY with the information, documentation and graphic material in accordance with the current regulatory framework that may be requested in compliance with the legal obligations of PECUNPAY and those acquired by the HOLDER. Likewise, the


HOLDER guarantees the accuracy of the information, documentation and graphic material provided to PECUNPAY.

In view of the above, and after having complied with the aforementioned obligation, once the HOLDER has fulfilled the requirements made by PECUNPAY regarding the provision of documentation, information and annexes, and once these have been reviewed and approved by PECUNPAY, the account will be opened and the Card issued, in accordance with the product contracted.

Preferential application of contractual conditions


For the purposes of Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent financial measures (hereinafter, "RD-Law 19/2018"), and failing that, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, "LGDCU"), the term "consumer" shall be understood to mean the HOLDER who is a natural person acting for purposes unrelated to their commercial, business, trade or professional activity. Conversely, the HOLDER who acts within the scope of their professional or business activity when signing this contract shall be understood as a "non-consumer".

In the event that the HOLDER is considered a "non-consumer" and provided that the regulations governing payment services and other applicable regulations so permit, the agreements contained in these Contract Conditions shall take precedence over the general regime resulting from said regulations.


1.2.-ENTRY INTO FORCE, DURATION AND TERMINATION OF THE CONTRACT


1.2.1.- Entry into force

Notwithstanding the signing of the Contract, it shall not enter into force until PECUNPAY expressly and reliably confirms to the HOLDER that the service has been approved. Until such confirmation, the rights and obligations agreed between the parties shall not be in force and, therefore, the legal relationship shall not be valid for all purposes.


If it is necessary to complete the documentation and/or information provided by the HOLDER, or to correct any defect or error, PECUNPAY shall expressly notify the HOLDER by means of the email address provided


or by any other electronic means made available to PECUNPAY for notification purposes.


1.2.2.- Duration

This Agreement shall have an indefinite duration (hereinafter, "initial term") , with the contractual relationship commencing on the day PECUNPAY confirms that your service has been approved (clause 1.2.1 "entry into force"), without prejudice to the expiry date stated on the cards issued or any other means of payment that PECUNPAY makes available to the HOLDER.



1.2.3.- Termination of the Agreement

For the purposes of this Contract, termination is understood to mean the end of the Contract, which implies the termination of the Contract for the purposes of the obligations and rights arising from the parties, as a result of the right of the parties to request that the Contract be rendered null and void exclusively under the circumstances indicated below, including any penalties that may arise, where applicable.


1.2.3.1.- Voluntary termination of the contract requested by the HOLDER


Except in cases where the HOLDER has contracted several products with PECUNPAY for the management of which it is necessary to maintain an electronic money account open in the cases determined by regulation based on the applicable regulations, the HOLDER may, at any time, terminate the Contract, without having to give any reason for the termination, by notifying PECUNPAY in writing, without the need for prior notice, at the address provided for this purpose:atencionalcliente@pecuniacards.es .

In this case, PECUNPAY shall comply with the order to terminate the Contract within 24 hours of receiving the HOLDER's request. PECUNPAY shall reimburse the HOLDER for any remaining balance, after applying the corresponding fees and expenses up to the date of termination, without exception.

If the account has a balance in favour of PECUNPAY, the HOLDER may only terminate the Contract after paying said balance, as well as any interest, fees and accrued expenses that apply, and declares their express agreement by signing this Contract. PECUNPAY will inform the HOLDER at the time of the


request for cancellation of the account of the need to settle any outstanding expenses, if applicable.

The HOLDER is advised that, in the event that they request the termination of the Contract and cancellation of the contracted product(s), and there are pending balance refunds to be made to the account or the card associated with it (e.g. a refund requested by the HOLDER for a purchase made by the HOLDER in a Shop, which must be made to the card or account through which the payment was made, etc.), the process of refunding these amounts may be difficult. In order for PECUNPAY to proceed with the refund, the HOLDER must provide PECUNPAY, prior to the refund, with a certificate of bank ownership of the account held by the HOLDER to which they wish the amount to be refunded to be transferred, together with any other documentation that PECUNPAY may require for verification purposes.


1.2.3.2.- Voluntary termination of the contract requested by PECUNPAY


PECUNPAY may also terminate this Contract by giving the HOLDER at least sixty (60) calendar days' notice, without giving any reason.


1.2.3.3.- Termination with cause


Each party may terminate this Agreement if the other party fails to comply with the respective conditions governing it or fails to pay its liquid and enforceable obligations under it.

Likewise, PECUNPAY may terminate the Agreement when the HOLDER does not have sufficient funds to cover the corresponding charges or, in general, when the HOLDER fails to comply with any monetary obligation assumed under this Agreement or under other agreements with PECUNPAY, expressly informing the HOLDER.

Additionally, the HOLDER is informed that PECUNPAY may terminate the Contract, without prior notice, in the event of objectively justified reasons related to the security of the payment instrument, due to the lack of documentation requested by PECUNPAY and not provided by the HOLDER within the required period, suspicion of unauthorised or fraudulent use of the same, in compliance with its legal obligations and with due diligence for this purpose,


as an electronic money institution and in matters of fraud prevention and other applicable regulations.

PECUNPAY shall reimburse the HOLDER for the remaining balance, once the corresponding fees and expenses up to the date of termination have been applied, without exception.


1.3.-WITHDRAWAL FROM THE CONTRACT


For the purposes of this Contract, withdrawal is understood to be the right of the HOLDER, when acting as a consumer, to cancel the Contract without having to justify their decision and without incurring any penalty.

The HOLDER shall have a period of 14 calendar days to withdraw from the Contract, without giving any reason and without any penalty being applicable by PECUNPAY. If the right of withdrawal is not exercised within the indicated period, it shall be deemed to have expired and to be without effect.

The period for exercising the right of withdrawal shall begin on the day following the entry into force of the Contract. The HOLDER exercising the right of withdrawal must notify PECUNPAY in accordance with the terms of the Contract, before the end of the corresponding period, by means of a procedure that allows the notification to be recorded in any manner permitted by law. The notification shall be deemed to have been made within the time limit if it is made on paper or another durable medium, available and accessible to the recipient, and sent before the expiry of the time limit. The HOLDER may exercise their right of withdrawal by contacting    by    written communication    written    to    the    atencionalcliente@pecuniacards.es or to the address Avda. de Bruselas Nº35, 28108 – Alcobendas (Madrid), providing documentation proving your identity (ID card or passport). In addition, this communication must include: (i) name and surname(s);

(ii) registered email address; (iii) request; and (iv) address.


However, if the HOLDER (consumer) has not received the contractual conditions and contractual information, the period for exercising the right of withdrawal shall begin on the day after they receive the aforementioned information.

In accordance with the applicable regulations, once the HOLDER has exercised their right of withdrawal, PECUNPAY will refund any amounts it may have received from the HOLDER, except for those corresponding to the proportional part of the service


provided. Similarly, the HOLDER shall return any amounts received from PECUNPAY. The return of amounts by the parties shall be made as soon as possible, and in any case, within a period of 14 calendar days.


1.4.- SUSPENSION OF THE PROVISION OF PAYMENT SERVICES


PECUNPAY may temporarily suspend the services provided, as well as any means of payment associated with them, as a result of non-payment by the HOLDER, for security reasons, due to lack of the requested documentation, or due to suspicion of unauthorised or fraudulent practices by the HOLDER.

When the causes that led to the suspension disappear, it shall proceed to reactivate the service or means of payment, within the period established in the regulations and in accordance with the operational parameters.


1.5.- MODIFICATION OF THE CONTRACT


PECUNPAY reserves the right to modify the conditions established in this Contract.


The modifications will be published on the PECUNPAY website and will also be communicated by PECUNPAY to the HOLDER by email to the corresponding email address provided for this purpose. However, the modifications shall not be applicable and, therefore, shall not come into force until sixty (60) calendar days have elapsed from the date of sending the corresponding communication to the HOLDER (hereinafter, "entry into force of the new conditions").

During this period, the HOLDER may cancel their electronic money account and Card immediately and without any cancellation fee.

If the new conditions are beneficial to the HOLDER, PECUNPAY may provide for their automatic application after their publication on the corporate website.

If the HOLDER, after becoming aware of the new conditions, rejects them, they may terminate the Contract by notifying PECUNPAY through the channels indicated in these Conditions, and in accordance with the provisions of section 1.2.3 of these General Conditions. Opposition to the new conditions must be made prior to the entry into force of the new conditions in order for them not to be applicable. PECUNPAY shall reimburse the HOLDER for the remaining balance, after applying the corresponding fees and expenses up to the date of termination.


The HOLDER shall be deemed to have accepted the modification of the conditions in question if they do not notify PECUNPAY of their non-acceptance prior to the proposed date of entry into force.


1.6.- DEPOSIT OF FUNDS


PECUNPAY declares that the funds deposited are safeguarded in accordance with the legal requirements specified in Article 21.1 a) of Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent financial measures.

PECUNPAY expressly declares and undertakes that such funds shall not at any time be mixed with the funds of any other natural or legal person who is not a customer of the payment services in whose name such funds are held.

The HOLDER is informed that these funds are protected against any claims by PECUNPAY's creditors, even in the event of PECUNPAY's bankruptcy or insolvency, in compliance with current regulations on electronic money and payment services.

Additionally, the HOLDER is informed that PECUNPAY has designated the banks Sabadell (Banco de Sabadell, S.A.), Unicaja (Unicaja Banco S.A.), Inversis (Banco Inversis, S.A.) and Abanca (ABANCA Corporación Bancaria, S.A) as depositary institutions for customer funds, for the management of such funds and the performance of activities as an electronic money institution.

PECUNPAY assumes ultimate responsibility for the custody and administration of these funds. However, PECUNPAY shall not be liable for any damages that may arise from bankruptcy or insolvency of the depositary institution, except in cases of negligence or breach of its duties of diligence in its selection and supervision, in accordance with the standards of solvency, reputation and regulation required by current legislation.

Absence of coverage by deposit guarantee schemes


In accordance with Law 21/2011 on electronic money, electronic money does not constitute a bank deposit within the meaning of the regulations on credit institutions, and therefore funds delivered to PECUNPAY are not covered by deposit or investment guarantee schemes.



1.7.- ECONOMIC CONDITIONS: COMMISSIONS AND EXPENSES


The fees and charges set out in the Specific Terms and Conditions applicable to each of the different products and services contracted shall apply.

These fees and charges for each of the different products and services will be explicitly stated in the price list for each product and service that is in force at any given time, and will be available on the PECUNPAY website, where applicable.


1.8.- NOTIFICATIONS


All communications, notifications and documentation required under this Agreement shall be sent to the HOLDER at the address and/or email address provided by the HOLDER for this purpose.

Communications to PECUNPAY that must be made by the HOLDER shall be sent by email to the following address:atencionalcliente@pecuniacards.es or by letter addressed to Avda. de Bruselas Nº35, 28108, Alcobendas (Madrid).

The HOLDER undertakes to notify PECUNPAY of any changes to their address, email address and contact telephone number(s) and any other details that differ from those provided at the time by the HOLDER, through the means made available by PECUNPAY for this purpose, for this purpose, or by updating them, and shall be liable for any loss incurred due to the sending of invalid, incorrect or inaccurate information.


1.9.-CUSTOMER SERVICE AND CUSTOMER CARE


Customer service


If the HOLDER needs to make any type of operational enquiry, report possible incidents or request technical assistance related to any of PECUNPAY's products and/or services, they may contact us by email at: atencionalcliente@pecuniacards.es


Customer Service


If the HOLDER considers that PECUNPAY has breached any legal or contractual obligation, or that the Customer Service team has not resolved the query/incident reported regarding the products and/or services provided, they may lodge a complaint with PECUNPAY's Customer Service.

By virtue of the foregoing, the HOLDER may file a complaint or claim with PECUNPAY's Customer Service. For this purpose, PECUNPAY makes the complaint/claim form available to the HOLDER through the PECUNPAY website. However, it may also be requested by email atservicioatencioncliente@pecuniacards.es . The form must be duly completed and submitted by email to the following address:servicioatencioncliente@pecuniacards.es or by post to the PECUNPAY headquarters, located at Avenida de Bruselas nº35, 28108 – Alcobendas, Madrid.

The HOLDER shall have a period of two years from the date on which they became aware of the facts that are the subject of the complaint or claim to submit the complaint or claim. Claims regarding events that have exceeded the indicated period will not be accepted for processing.

PECUNPAY has a maximum period of 15 working days to resolve complaints about payment services, calculated from the date of submission of the complaint or claim. Exceptionally, in the event that PECUNPAY is unable to issue a response within the indicated period for reasons beyond its control, it will send a provisional response indicating the reasons for the delay and the period within which the final response will be received. In any case, the deadline for issuing the final response shall not exceed one month.

Please note that PECUNPAY is not affiliated with any Consumer Arbitration Board.

Finally, the HOLDER is informed that in the event of disagreement with the resolution or if the period indicated in the previous section has elapsed without any decision having been issued by PECUNPAY, a complaint may be lodged with the Bank of Spain's Complaints Service: Bank of Spain (Department of Conduct of Institutions). C/ Alcalá, 48, 28014, Madrid. https://clientebancario.bde.es/pcb/es/.


However, if the HOLDER is a consumer, they may not refer the matter to the Bank of Spain's Complaints Service if more than one (1) year has elapsed since the date of submission of the complaint or claim to PECUNPAY's Customer Service Department.

This clause is drafted in accordance with the provisions of the PECUNPAY Customer Ombudsman Regulations, which are available to ACCOUNT HOLDERS on the corporate website.


1.10.- RECORDING OF COMMUNICATIONS


The HOLDER authorises PECUNPAY to record by magnetic, computerised, electronic or other means all data, queries, circumstances of contracts and operations carried out through any of the remote services. The HOLDER may request a copy of these from PECUNPAY.


1.11.- PROCESSING OF PERSONAL DATA


In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, "GDPR"), as well as Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter, "LOPDGDD"), and other applicable regulations, you are hereby informed that PECUNIA CARDS E.D.E., S.L.U, with Tax Identification Number B86972346 and registered office at Avenida de Bruselas Nº 35, 28108

- Alcobendas, (Madrid), is responsible for the processing of your personal data.


PECUNPAY has appointed a Data Protection Officer who will assist you in answering any questions regarding the processing of your personal data and the exercise of your rights. You can contact the Data Protection Officer to send your suggestions, queries, doubts or complaints to the following address:datosdpo@minsait.com .

You are also informed that your personal data (identifying data, data relating to personal characteristics, economic and financial data, transactions, data relating to professional and business activity, data associated with the product and/or services contracted, as well as data relating to queries and communications exchanged with PECUNPAY) will be included in the processing activities of PECUNIA CARDS EDE S.L.U. communications exchanged with PECUNPAY) will be included in the processing activities of PECUNIA CARDS EDE S.L.U. (PECUNPAY), and processed for the purpose of managing the service contracted by the HOLDER, compliance with the contractual relationship, the examination and verification of personal data, identification and management of due diligence documentation, the development and management of loyalty programmes, the notification of any type of incident that may arise during the contractual relationship, the communication of possible modifications to the conditions of the Contract and, in general, those affecting the use of the Account and Card, as well as the sending of commercial information regarding PECUNPAY products and/or services that are similar to those already contracted and that may be of interest to you - and without the OBJECTOR's opposition - being legitimised to do so on the basis of the execution of the Contract, compliance with legal obligations and the legitimate interest of the controller. Likewise, in order to carry out the registration process and the complete identification of the HOLDER, the processing of their data may affect special categories of data (biometric data) covered by Article 9 of the GDPR, for which, and in any case prior to processing, they will be informed and it will be necessary to obtain their prior and express consent.

The HOLDER is informed that PECUNPAY will process and store their personal data for the time necessary to fulfil the purposes for which it was collected or to comply with legal obligations.

Your data will be kept for the entire duration of the contractual relationship and, subsequently, for the time necessary to comply with the legal obligations corresponding to PECUNPAY and until the expiry of any possible legal liabilities. In view of the above, once the contractual relationship has ended, your data will be stored, duly blocked, for the periods required by law in compliance with the applicable regulations, in particular for the period of 10 years established in the applicable regulations on the prevention of money laundering and terrorist financing. After this period, your data will be securely and permanently deleted, unless there is another legal obligation that imposes a longer retention period.


Data communication


Your data may be transferred to third parties, such as entities linked to the financial sector and bank card processing entities, for the purpose of managing the operation of our terminals, as well as for managing secure customer authentication operations. Similarly, your data may be accessed by


third-party service providers of PECUNPAY, with whom PECUNPAY has formalised the relevant personal data processing agreement, guaranteeing the legitimate and secure processing of such data, such as consultants, personal data verification entities, external technology service providers and similar, when necessary for the management of the contract.

Likewise, your data may be communicated to public authorities and bodies, official authorities and judicial bodies or public security forces and bodies in compliance with legal obligations and for the purpose of enforcing compliance with the obligations contracted, always within the functions that such authorities are legally entrusted with, as well as within the framework of the fight against money laundering and terrorist financing. This communication may be made to authorities and official bodies in other countries located both within and outside the European Union (hereinafter, "EU") and the European Economic Area (hereinafter, "EEA"), in compliance with the above.

If you wish to benefit from offers and promotions to which you have access through the use of our services, your data may be transferred to the entity with which PECUNPAY formalises the agreement for the provision of said offer and/or specific service from which you wish to benefit. This transfer will be carried out for the purpose of managing access to, enjoyment of, and/or provision of the offer, promotion, and/or service. This transfer will only be made when the HOLDER has requested or agreed to participate in the offer or benefit from the corresponding service, thus constituting the consent of the interested party as the legal basis that legitimises this communication. In any case, you will be informed in advance of the identity of the entity receiving your data and the essential details of the corresponding processing.

PECUNPAY may verify the information provided by the HOLDER, assess their operations and check their solvency. To this end, it is authorised to collect, communicate, request and exchange information about the status of their accounts with other solvency files or public records, with financial institutions, credit assessment and fraud prevention companies, as well as with the Bank of Spain. PECUNPAY may consult them periodically. These steps are necessary for PECUNPAY to carry out the relevant checks in order to comply with its obligation to analyse fraud, prevent money laundering and terrorist financing. The HOLDER shall be responsible for the veracity and accuracy of all personal data provided to PECUNPAY. Likewise,


PECUNPAY informs you that it has entered into a joint responsibility agreement with DOWJONES for the purpose of analysing the information you provided during the contracting process, specifically the information included in your KYC (Know Your Customer), in compliance with PECUNPAY's legal obligations regarding the prevention of money laundering and terrorist financing.


Information on automated decisions 


PECUNPAY informs you of the possibility that your personal data may be subject to automated decisions related to the automatic blocking of the registration process or the automatic blocking of the operation of the registered account and card, specifically when: (i) the HOLDER does not fill in all the personal data required in the KYC; (ii) the comparison of the data provided in the KYC shows that the HOLDER appears on a list that does not allow the card to be contracted; (iii) the KYC procedure has not been successfully completed; (iv) the HOLDER does not provide the additional information requested by PECUNPAY within the required time frame; or (v) there are suspicions of fraud in the use of the card.

Exercising rights and making complaints to the Data Protection Authority

(Spanish Data Protection Agency "AEPD")


You may exercise your rights of access, rectification, opposition, deletion, limitation, portability and opposition to automated decision-making, as well as revoke your consent, where applicable, by writing to the PECUNPAY Data Protection Officer, by post to Avda. de Bruselas Nº35, 28108, Alcobendas (Madrid); or by email todatosdpo@minsait.com . In all cases, you must prove your identity by providing a photocopy of your ID card/tax identification number.

If you consider that your rights have not been properly addressed or that PECUNPAY has failed to comply with its obligations regarding personal data protection, you have the right to lodge a complaint with the Spanish Data Protection Agency (https://www.agpd.es).

For more information on the processing of your data, please consult PECUNPAY's Privacy and Data Protection Policy, available on the corporate website.


1.12.- PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING



PECUNPAY, in its capacity as an Electronic Money Institution, is subject to current regulations on the prevention of money laundering and terrorist financing, in particular Law 10/2010 of 28 April on the prevention of money laundering and terrorist financing and its implementing regulations, as well as any other applicable regulations.

The HOLDER is hereby informed of the legal obligations incumbent on PECUNPAY in relation to the prevention of money laundering and terrorist financing, concerning the identification of the HOLDER and the beneficial ownership, shareholding or control structure in the event that the HOLDER is a legal person, economic, professional or business activities, origin of funds, as well as the requirement to apply the due diligence measures established at any given time by current legislation, including those relating to knowledge and continuous monitoring of the business relationship.

In compliance with these obligations, the HOLDER undertakes to provide all information that allows PECUNPAY to verify the information indicated in the previous paragraph, as well as to keep it updated during the term of the contractual relationship, and the HOLDER must provide, in a timely manner, all the information and documentation that may be required by PECUNPAY at any time for the fulfilment of the aforementioned obligations.

In the event that the HOLDER is a natural person, and unless otherwise stated by the HOLDER, the HOLDER expressly declares that they are acting on their own behalf and in their own right in relation to PECUNPAY, recognising themselves, for all purposes, as the REAL HOLDER of their relationship with PECUNPAY.

To this end, the HOLDER also expressly agrees to assume the following obligations, authorisations and measures arising from the application of anti-money laundering and counter-terrorist financing regulations:

The HOLDER authorises PECUNPAY to request information from any entity, whether public or private, regarding the identity or activity carried out by the HOLDER;

The HOLDER must notify PECUNPAY without delay of any change in their identification, in the identification of the beneficial ownership, shareholding or control structure, as well as in the economic, professional or business activities carried out;


The HOLDER accepts that, in the event of failure to duly comply with the requirements made by PECUNPAY for the fulfilment of the obligations established in relation to the prevention of money laundering and terrorist financing, or if risks related to the aforementioned regulations are identified, PECUNPAY reserves the right to block the operation of the card(s) and terminate the contractual relationship between the parties immediately and without prior notice to the HOLDER, in accordance with its internal procedures and applicable regulations.

In the event that the competent authorities request information about the HOLDER or transactions carried out by the HOLDER under the regulations on the prevention of money laundering and terrorist financing, PECUNPAY is authorised to provide such information when legally required to do so, without the need to notify the HOLDER, in compliance with its legal obligations.

Likewise, in compliance with Royal Decree 304/2014, of 5 May, which approves the Regulations of Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing, we hereby inform you that the data of the HOLDER, representative and authorised persons may be transferred to the Financial Ownership File.


1.13.- APPLICABLE LAW AND JURISDICTION


This Agreement shall be interpreted and enforced in accordance with its own terms and, in matters not provided for herein, shall be governed by Spanish law on the subject, with the obligations and responsibilities of the parties being adjusted accordingly.

The parties submit to the jurisdiction of the Courts and Tribunals of Madrid Capital for any matter relating to the interpretation, compliance or execution of this Agreement, expressly waiving any jurisdiction that may correspond to them, unless the HOLDER is a consumer, in which case the rules on the determination of jurisdiction regulated by current legislation shall apply, since Article 29 of the Law on Information Society Services (LSSI) establishes a presumption that consists of the following:


"Contracts concluded electronically in which a consumer is a party shall be presumed to have been concluded in the place where the consumer has his habitual residence.


Electronic contracts between entrepreneurs or professionals, in the absence of an agreement between the parties, shall be presumed to have been concluded in the place where the service provider is established."


Similarly, Article 54 LEC establishes that:


"2. Express submission contained in adhesion contracts, or contracts containing general conditions imposed by one of the parties, or contracts concluded with consumers or users, shall not be valid." All of this is in accordance with Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws ("TRLGDCU").


2..- SPECIAL CONTRACTING CONDITIONS


2.1.- PURPOSE


The purpose of this Contract is to regulate the opening of an electronic money account (hereinafter, "Account") with PECUNPAY, in the name of the HOLDER, which is linked to a Card.

The account is associated with the Card and other electronic media, so that any transaction carried out through such means will be reflected in the Account.

The PECUNPAY card, in its various forms, physical or virtual (hereinafter, the "Card"), is a MASTERCARD/VISA debit card that allows the HOLDER to initiate payment orders to obtain goods and professional services at physical establishments that accept MASTERCARD/VISA cards and also have a Point of Sale Terminal (POS) device.

This card also allows the HOLDER to make purchases over the internet, provided that the website accessed accepts this method of payment, in which case it will be subject to the conditions established therein.

Likewise, the Card will allow any other transactions that PECUNPAY makes available to the HOLDER, with the express knowledge and consent of the latter.

Under no circumstances shall the card balance accrue interest or any other type of remuneration in favour of the HOLDER.


Geographical scope


In order to open an electronic money account and for PECUNPAY to issue the Card, the HOLDER must be a resident of a country belonging to the European Economic Area (hereinafter, "EEA"), and the HOLDER may use the Card, in general, in any country both within and outside the EEA. However, PECUNPAY may extend this geographical scope to citizens who are not residents of the EEA, provided that they comply with the legal and regulatory requirements established by Spanish and European legislation.

Likewise, PECUNPAY may restrict, limit or block the use of the Card and associated services in certain countries or regions, in compliance with applicable regulations on international sanctions, prevention of money laundering and terrorist financing, and other applicable regulations, and/or for security reasons.



2.2.- OWNERSHIP OF THE ACCOUNT AND CARD


The Card issued is the exclusive property of PECUNPAY and must be returned to PECUNPAY in the event of cancellation, expiry or when requested by PECUNPAY. The ACCOUNT and CARD HOLDER shall be a natural or legal person, whose identity must be stated on the Account and Card itself, which means that they have the right to use it.


2.3.- AUTHORISATION TO OPEN THE ACCOUNT AND ISSUE THE CARD


The HOLDER authorises PECUNPAY to open an Account and to issue a Card linked to the aforementioned Account and assigned in the name of the HOLDER.

If the HOLDER requests additional cards, each Card may be linked to the same or a different account, depending on the operating model of the programme to which the HOLDER is subscribed. The CARDHOLDER's request for one or more additional cards shall imply their consent to the charges that PECUNPAY will make to their Account as a result of the transactions and withdrawals made with said additional cards.


2.4.- VALIDITY OF THE CARDS


The Card shall be valid until the expiry date shown on the Card itself.

In the event of cancellation of the Account before that date, the Card will cease to be operational from the moment of cancellation, its validity being linked to that of the associated account.

Once the Card has been requested by the HOLDER and the internal security checks have been passed, the Card will be issued and sent to the HOLDER within an estimated period of up to 10 working days.

The renewed Card will be issued with a new card number, which will maintain the same relationship with the original account and, therefore, will maintain its conditions of use and available balance.

Notwithstanding the foregoing, PECUNPAY reserves the right to cancel or modify the expiry date of the cards during their period of validity, as well as the right not to renew them once the expiry date has been reached. In this case, the HOLDER will lose all rights relating to the use of the Card, and PECUNPAY will notify them by express communication through the usual channels.


2.5.- CARD LIMITS


For the use of the card by the HOLDER, the latter may set a limit on the amount, beyond which it cannot be used without their express authorisation. Likewise, at the request of the HOLDER to PECUNPAY, limits may be set on the use of the card for specific periods (days).

These limits may not exceed the limits established by PECUNPAY at any given time.

The maximum total amount of transactions that may be carried out at any given time shall be determined by the amount available in the account, unless there are other more restrictive limits established by PECUNPAY for certain transactions for operational or control and security reasons. Similarly, the cash withdrawal limits established at ATMs and the limits for transactions in shops shall apply, and cash withdrawals and deposits through the private network shall also be limited.


PECUNPAY reserves the right to block the use of a payment instrument and account for objectively justified reasons related to the security of the payment instrument, suspicion of unauthorised or fraudulent use thereof. PECUNPAY shall inform the HOLDER of the blocking of the payment instrument by email to the address provided by the HOLDER for receiving notifications. This communication will take place prior to the blocking and, if this is not possible, immediately after the blocking, unless the communication of such information is compromised for objectively justified security reasons or is contrary to any other regulatory provision.

PECUNPAY will unblock the payment instrument or replace it with a new one once the reasons for blocking its use no longer exist.


2.6.- PAYMENT TRANSACTIONS


The Account and Card shall be used in accordance with the instructions for use established by PECUNPAY in this Agreement and on its own website, without prejudice to PECUNPAY's right to modify such instructions for use, in accordance with the provisions of Clause 1.5.

Each transaction will be recorded by PECUNPAY and the HOLDER will be able to access this information through the website and the mobile application corresponding to each product.

Information relating to the terms and conditions applicable to payment services and transactions shall be free of charge to the HOLDER and shall be accessible to the HOLDER through the customer area made available to them.


However, any additional or different information requested by the HOLDER will generate a charge that will be settled according to PECUNPAY's rates. Likewise, PECUNPAY may also pass on to the HOLDER the costs incurred by the termination of the Contract, the revocation of payment orders and those arising from the recovery of funds for payment transactions executed with an incorrect unique identifier, as provided for in each case in PECUNPAY's rates.


The HOLDER expressly authorises PECUNPAY to record the transactions carried out by the HOLDER in the payment account.


In relation to card transactions, the validity of the transaction shall be presumed on the basis of the invoice, card reader receipt, electronic registration and/or transaction authorisation terminals, reading of the magnetic strip or electronic chip, or any other means of identification established in the card's terms of use, even when the presentation of a national identity document, Personal Identification Number or signature is not required. The same consequences shall apply in the case of non-face-to-face sales (Internet).


The effective use of the card shall be presumed by the mere recording of the transaction in PECUNPAY's computer files.



Payment transactions shall be considered authorised when the HOLDER has given their consent for their execution. The HOLDER shall be deemed to have consented to the transaction when it has been carried out through any of the channels provided by PECUNPAY, including, but not limited to, any use of their card, card number or PIN.

All debits from the account that are duly authorised by the ACCOUNT HOLDER or are charged to the ACCOUNT HOLDER shall be accepted.

The HOLDER may not revoke a payment order after it has been received by PECUNPAY. However, the HOLDER may withdraw their consent at any time prior to the date of irrevocability referred to in Articles 36 and 52 of Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent measures in financial matters.

However, if the HOLDER does not have the status of consumer or micro-enterprise under the terms specified in Royal Decree-Law 19/2018, of 23 November, they may not withdraw their consent.


2.6.2.- Receipt of payment orders


A payment order shall be deemed to have been received by PECUNPAY at the moment when the HOLDER has given their valid consent for its execution and said order has been effectively received by PECUNPAY within its processing hours.


If the order is received on a non-business day or outside the established cut-off time, it shall be deemed to have been received on the next business day. PECUNPAY shall inform the HOLDER of the applicable cut-off time through its official channels.

The HOLDER's account will not be debited before the payment order is received.


If the HOLDER and PECUNPAY agree that the execution of the payment order shall commence on a specific date or at the end of a specified period, or on the day on which the HOLDER has made funds available to PECUNPAY, the time of receipt shall be deemed to be the agreed date. If this day is not a business day for PECUNPAY, the payment order shall be deemed to have been received on the next business day.

With regard to payment orders initiated via card, PECUNPAY will receive the payment order on the same day it is made by the CARDHOLDER, and it will be executed immediately upon receipt. However, in certain establishments (e.g. motorways, parking meters, etc.), executed payment orders may be debited from the account associated with the card after the date of execution.


2.6.3.- Transfer of the total amount of the transaction


PECUNPAY shall credit the HOLDER's account with the total amount of the transaction received in their favour. However, PECUNPAY may deduct its expenses from the amount transferred before crediting it to the Account.


2.6.4.- Execution period for payment transactions


  1. For payment transactions in euros, as well as for domestic payment transactions in the currency of a Member State of the European Union that is not part of the euro area, and likewise for payment transactions that only involve a currency conversion between the euro and the currency of a Member State that is not part of the euro area, provided that the corresponding conversion is carried out in the Member State that is not part of the euro area and, in the case of cross-border payment transactions, the cross-border transfer is made in euros, the following rules regarding the maximum execution time for payment transactions shall apply:


When PECUNPAY is the payer's payment service provider, upon receipt of the order, it shall ensure that the amount of the


payment transaction is credited to the account of the payee's payment service provider at the latest at the end of the following business day.


  1. For payment transactions not covered by the previous paragraph, PECUNPAY may extend the execution time of the transaction, which in any case shall not exceed four business days from the time of receipt of the payment order.


2.6.5.- Value date and availability of funds


The value date of the debit to the account of the ACCOUNT HOLDER ordering the transaction shall not be earlier than the business day on which the amount of the payment transaction is debited from that account.

The value date of the credit to the beneficiary's account shall not be later than the business day on which the amount of the payment transaction is credited to the account of the beneficiary's payment service provider.


2.6.6.- Rectification of payment transactions


The HOLDER shall obtain rectification by PECUNPAY of an unauthorised or incorrectly executed payment transaction only if the HOLDER notifies PECUNPAY without undue delay, as soon as they become aware of any such transaction that is the subject of a complaint, including those covered by section

2.6.8. of this document, and, in any case, within a maximum period of thirteen (13) months from the date of the debit.

When the payment service user is neither a consumer nor a micro-enterprise under the terms established in Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent financial measures, the maximum period for obtaining the rectification of an unauthorised or incorrectly executed payment transaction shall be 10 calendar days, provided that the payment service user notifies PECUNPAY without undue delay as soon as they become aware of any of the transactions referred to in the previous paragraph.

The notification deadlines set out in the previous paragraph shall not apply when PECUNPAY has not provided you with or made available to you the information on the payment transaction.


2.6.7.- Unique identifier


The unique identifier is the combination of letters, numbers or symbols assigned by PECUNPAY to the HOLDER for the unambiguous identification of the HOLDER or their account or payment card in a payment transaction.

For this purpose:


  1. The Unique Identifier of the Holder for the identification of their account shall be the IBAN (International Bank Account Number);

  2. The Holder's Unique Identifier for the identification of their card shall be the card number (PAN).


When a payment order is executed in accordance with the unique identifier, it shall be deemed to have been correctly executed in relation to the beneficiary specified in that identifier.


If the unique identifier provided by the HOLDER is incorrect, PECUNPAY shall not be liable for the non-execution or defective execution of the payment transaction.


2.6.8.- Liability in the event of non-execution or defective execution of a payment order


When a payment order is not executed or is executed incorrectly, PECUNPAY shall act in accordance with the provisions of Article 60 of Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent financial measures.

This article establishes that if a payment transaction is not executed or is executed incorrectly, the payment service provider is responsible for correcting the situation and refunding the user the corresponding amount, restoring the account to the state it would have been in if the transaction had been executed correctly. Furthermore, in cases of unjustified delay in the execution of a payment transaction, the provider must ensure that the value date of the credit is not later than it would have been if the transaction had been executed correctly.


2.6.9.- PECUNPAY's liability in the event of unauthorised payment transactions


If an unauthorised payment transaction is executed using the Card, PECUNPAY shall refund the amount immediately and, in any case, no later than the end of the business day following the day on which it detected or was notified of the transaction. This refund shall not apply if PECUNPAY has reasonable grounds to suspect


fraud or gross negligence on the part of the HOLDER, in which case it may withhold the refund while the relevant investigation is carried out.


2.6.10.- Liability of the CARDHOLDER in the event of unauthorised payment transactions


The CARDHOLDER may be liable, up to a maximum limit of fifty

(50) euros, for losses arising from unauthorised transactions made with a lost, stolen or misused payment instrument, unless it was not reasonably possible for them to detect its loss, theft or misuse before payment, or if this fact was attributable to the action or omission of PECUNPAY or its employees.

The HOLDER shall be fully liable for all losses in the event that they have acted fraudulently or with gross negligence, or if they have deliberately breached any of the obligations set out in these Terms and Conditions.


2.6.11.- Notification of unauthorised or incorrectly executed transactions


The HOLDER must notify PECUNPAY without undue delay of any unauthorised or incorrectly executed payment transaction, as well as any error or irregularity detected.

Such notification must be made toatencionalcliente@pecuniacards.es , indicating the transaction reference, the date of the credit or debit and the account number affected.

Claims will not be accepted after thirteen (13) months from the date of the corresponding debit or credit.

Once the lack of authorisation has been verified, PECUNPAY will proceed to immediately rectify the transaction.



2.7.- TOP-UP TRANSACTIONS


The HOLDER must pay, in advance, the amount sufficient to cover the top-up. Accounts may be topped up as many times as desired up to the limit assigned by the HOLDER or by PECUNPAY.


The HOLDER may top up the account through the following channels, when enabled in the contracted offer:


  1. Within the mobile application corresponding to each product, via a recharge POS terminal (Virtual).

  2. By bank transfer.

  3. Through any other procedure that may be established by PECUNPAY.


2.8.- CASH WITHDRAWAL


Withdrawing cash from the account will involve, on the one hand, the prior conversion of the electronic money in the account into cash and, on the other hand, the relevant entry in the ACCOUNT HOLDER's account.

The account may not show a negative balance resulting from transactions carried out by the HOLDER, who will therefore be obliged to have sufficient funds for each transaction requested.

If for any reason (including, but not limited to, a technical error attributable to PECUNPAY or any of its external suppliers) the HOLDER has a negative balance in their account, they agree to immediately top up the account with sufficient funds to meet the financial obligations arising from the Contract. If the HOLDER does not proceed to regularise the negative balance and without prejudice to PECUNPAY's right to terminate the Contract in accordance with Clause 1.2.3:

  1. PECUNPAY may initiate a chargeback procedure for any specific transaction that leads to a negative balance in their account;

  2. PECUNPAY may take such measures as it deems appropriate to claim the debt extrajudicially or judicially. The HOLDER shall be obliged to satisfy and compensate PECUNPAY for any damages, losses, expenses of any nature (including legal costs) incurred by PECUNPAY due to breach of the Contract or due to the steps taken by PECUNPAY to collect the debt. By way of example, but not limited to, the HOLDER shall be obliged to bear: the expenses arising from the actions taken by PECUNPAY for the purpose of claiming the debt (payment demands by post, telephone, notary or other means), as well as those arising from judicial or extrajudicial proceedings (lawyers' fees, solicitors' fees, etc.).



2.9.- BALANCE ENQUIRY


The HOLDER may check the available balance of the account on the website, in the "customer area" section, in the mobile application corresponding to each product, as well as by SMS when enabled.


No shop or establishment may provide information about the balance of your account. Likewise, balance enquiries are not available at ATMs.


2.10.- IDENTITY VERIFICATION


The HOLDER agrees to cooperate with all requests made by PECUNPAY or any of its external service providers on its behalf in relation to their account to identify or authenticate their identity or validate their sources of funding or transactions. This may include, but is not limited to, requesting additional information that allows PECUNPAY to reasonably identify you, including requiring you to take steps to confirm ownership of your telephone number or payment instruments or verify your information against third-party databases or through other sources.


PECUNPAY reserves the right to close, suspend, or limit access to your account and/or Payment Services in the event that it is unable to obtain or verify such information or that you do not comply with its requests as set forth in the preceding paragraph.


PECUNPAY may confidentially verify the information provided by the HOLDER or obtain information about the HOLDER or through third parties from secure databases. The HOLDER confirms that they give their consent to PECUNPAY or a third party on their behalf to carry out such verifications.


The HOLDER must ensure that the information in their account is always accurate and up to date. If at any time PECUNPAY believes that your information is out of date or inaccurate, it may contact the HOLDER and request further information or request that you repeat the verification process. PECUNPAY shall not be liable for any loss arising from your failure to keep your information up to date.


2.11.- PROHIBITION OF CONTRACTING BY MINORS


The opening of an electronic money account and the issuance of associated cards are strictly reserved for individuals over the age of 18 and legal entities duly constituted in accordance with applicable law.

The HOLDER declares and guarantees that they meet this age requirement. If the HOLDER is a legal entity, the representative declares that they have the necessary powers to formalise this Agreement. If it is detected that the Account has been opened or the Card has been issued in favour of a minor, PECUNPAY may proceed to immediately cancel the contract and associated services, without prejudice to any legal actions that may arise. Furthermore, PECUNPAY shall not be liable for any breach of this obligation to the extent that it has taken the legally required precautions to verify the identity and circumstances of the HOLDER.



2.12.- USE ABROAD


For the debiting of amounts arising from the use of the card abroad, the exchange rate to euros on the currency of the country of origin of the transaction corresponding to the day on which PECUNPAY has paid the amount of the transaction shall apply.

The exchange rate to euros will be increased by the fees established by PECUNPAY for transactions carried out abroad.

The HOLDER shall comply with the legislation in force regulating the limits set by the competent monetary authorities for expenses abroad, as well as the regime on exchange controls and on the declarations that they are obliged to make. The HOLDER shall be liable for any breach of these regulations, and PECUNPAY shall not be held liable in any way. Any expenses incurred must be justified by the HOLDER to the authorities that require it, and PECUNPAY shall not be held liable in any way for the HOLDER's failure to comply.


2.13.- STRENGTHENED CUSTOMER AUTHENTICATION (SCA)


2.13.1.- Authentication requirements


In accordance with the provisions of Directive (EU) 2015/2366 on payment services (PSD2) and Delegated Regulation (EU) 2018/389, PECUNPAY implements Strong Customer Authentication (SCA) mechanisms to ensure security when accessing the electronic money account and when executing payment transactions with the Card and/or electronic money account.


2.13.2. Definitions


For the purposes of this clause, the following definitions apply:


  • Strong Customer Authentication (SCA): an authentication process that requires at least two of the following factors:

    • Knowledge: something only known to the HOLDER (e.g., password or PIN).


  • Possession: something only the HOLDER possesses (e.g., a registered mobile device, security token, or one-time password (OTP)).

  • Inherence: something that is unique to the HOLDER (e.g., fingerprint or facial recognition).

The factors must be independent of each other and designed to protect the confidentiality of the process.

  • Sensitive data: any information that, if compromised, could jeopardise the security of the account or means of payment, including: CVV, PIN, access credentials, email address, telephone number, card number, among others.


2.13.3. Authentication factors


The verification of the HOLDER's identity through the SCA system is based on a combination of at least two of the following factors, as indicated:

  • Knowledge: something only known to the HOLDER (e.g. password or PIN).


  • Possession: something only the HOLDER possesses (e.g. registered mobile device, security token, or OTP code).

  • Inherence: something that is unique to the HOLDER (e.g. fingerprint or facial recognition).


PECUNPAY will never request any of the above authentication factors by email, telephone or other means. The HOLDER must ignore and report any suspicious communication requesting this type of information.


2.13.4 Protection of Sensitive Data


The following, among others, are considered sensitive data of the HOLDER:


  • CVV.


  • Expiry date of payment items (cards and similar)


  • PIN for payment items.


  • Passwords and access credentials.


  • Terminals and digital devices where the app or apk is installed


  • OTP codes or single-use passwords.


  • Email address.


  • Mobile phone number.


PECUNPAY will store such data in encrypted form and only for the time strictly necessary to provide the service. The PECUNPAY application uses secure communication channels (SSL/TLS) that guarantee the integrity and confidentiality of the data transmitted.



2.14.- PERSONAL IDENTIFICATION NUMBER (PIN)


When the Card is issued, PECUNPAY will provide a Personal Identification Number (PIN), which the HOLDER may modify, if applicable, and which will be required whenever the card is used by the supplier of the goods or services, in order to prove that the HOLDER is the legitimate owner.

This PIN will be requested by the HOLDER through the PECUNPAY website, in the "customer area" section or through the mobile application corresponding to each product.

In the event that transactions can be carried out without entering the PIN (for example, in contactless transactions), this will be subject to certain limits that PECUNPAY will determine at any given time. In such transactions, the proximity of the Card to ATMs, POS terminals or other payment equipment will be understood as authorisation and confirmation of the transaction by the HOLDER. The record of the transaction on such equipment shall serve as proof of the transaction, unless there have been technical failures or incidents. PECUNPAY is not responsible for any incidents that may occur with merchants. Thus, PECUNPAY shall not be liable for charges made by third parties in the event that you have failed to fulfil your obligation to take diligent care of the Card or any other physical element on which your Payment Card is stored. PIN numbers are non-transferable personal identification systems that must be known only to you as the HOLDER and must be kept under your control. The HOLDER is obliged to diligently safeguard their mobile phone for this purpose and to notify PECUNPAY of the loss or theft of the mobile device, if applicable.

PECUNPAY uses card security systems for use as a means of payment over the Internet.

PECUNPAY reserves the right not to allow the use of cards over the Internet or equivalent channels that require similar security measures when such cards have not been properly secured. As the CARDHOLDER, you may use Digital Wallets or Wallets as a means of payment, with the same effect as transactions made using the Card. PECUNPAY will apply enhanced authentication by using at least two authentication factors, in accordance with current payment services regulations.


2.15.- OBLIGATIONS OF THE HOLDER


The HOLDER undertakes to:


  1. Comply with the conditions of use stipulated in this Agreement and, in general, use the payment instrument in accordance with the conditions governing its issue and use.

  2. Comply with all obligations arising from this contract.

  3. Accept as proof of transactions those listed above, whether carried out by the HOLDER or by third parties, with or without the HOLDER's authorisation.

  4. Immediately notify PECUNPAY of any irregularities in the transaction records that appear on its account.


  1. Be responsible for the accuracy of the data and information provided, as well as for keeping their data up to date.

  2. To comply, in a timely manner, with the requirements made by PECUNPAY.


  1. Sign the card immediately if there is a space provided for this purpose.


  1. Only use secure devices to access the application.


  1. Ensure the confidentiality of credentials and, in particular, not to communicate or share sensitive information or authentication elements and to keep the Personal Identification Number (PIN) and CVV secret and, in general, to protect any personalised security credentials. To this end, you undertake not to share or disclose your credentials to third parties by any means and/or channel and to take the necessary measures to prevent unauthorised access and use.

  2. You must ensure the security of the use and disposal of the card, as you are solely responsible for its safekeeping.

  3. Regularly review transactions made and report any suspicious activity.

  4. Only use secure devices to access the application. The HOLDER undertakes to maintain a minimum level of security by applying the security patches and updates available at all times.

  5. Take the necessary precautions to prevent the loss, misplacement, theft, fraudulent use, misappropriation or falsification of the Card. In such cases, you must deactivate/block the card from the mobile application corresponding to the product and notify PECUNPAY immediately by calling the telephone number listed on the Pecunpay website or by writing to atencionalcliente@pecuniacards.es

  6. Take the necessary precautions to prevent unauthorised access, loss, theft and misuse of your account and card, credentials and authentication elements. If any of the above circumstances occur or you suspect that any of the items listed above have been compromised, you must replace the item(s) and immediately notify PECUNPAY by calling the telephone number listed on the Pecunpay website or by writing to atencionalcliente@pecuniacards.es.


  1. Treat the mobile device, tablet or other device on which you have installed the application or apk as an authentication element and, as such, with the same diligence as these, following the same precautions as for authentication elements.

  2. Destroy or return any expired or replaced card to PECUNPAY by sending it by regular post to the following address: Avda. de Bruselas Nº35, 28108, Alcobendas (Madrid).

  3. Be liable to PECUNPAY for any breach of all the obligations of the HOLDER arising from this contract.


PECUNPAY reserves the right to take appropriate action in the event of failure to comply with any of these obligations.


2.16.- OBLIGATIONS OF PECUNPAY


PECUNPAY undertakes to:


  1. Cancelling expired cards, as well as those reported as destroyed, stolen or lost.

  2. Guarantee the confidentiality of personalised authentication data (such as the Personal Identification Number -PIN-), without prejudice to the HOLDER's obligation to safeguard and keep such data secret.

  3. Protect the HOLDER's personal and financial data using advanced security measures.

  4. Inform the HOLDER of the operation and status of accounts and transactions made using the card by issuing statements and resolving any queries or disputes that may arise through the channels provided for this purpose.

  5. Refrain from sending payment instruments that have not been requested, except in the event that a payment instrument already delivered to the HOLDER of the payment services must be replaced, upon request.

This replacement may be based on the incorporation of new functionalities into the payment instrument that were not expressly requested by the HOLDER. This replacement shall be free of charge for the HOLDER.

  1. Ensure the availability of the application.


  1.     Take reasonable measures to ensure the integrity, confidentiality and correct execution of payment transactions.

  2. Ensure that adequate and free means are available at all times to enable the payment service user to report the loss, theft or misappropriation of the payment instrument or its unauthorised use.

  3. Ensure that adequate and free means are available at all times to enable the payment service user to request the unblocking or replacement of the payment instrument, if the reasons for blocking its use have ceased to exist.

  4. Prevent any use of the payment instrument once the HOLDER has notified the loss, theft or unauthorised use of the payment instrument (in accordance with the provisions of clause 2.15 m) and n).

  5. Notify the HOLDER of any security incidents that directly affect their data or confidentiality or cause any type of direct damage to the HOLDER. Likewise, PECUNPAY will report such incidents to the authorities when required by applicable regulations.

  6. Compliance with all obligations arising for PECUNPAY from the Contract and as a regulated entity under Royal Decree-Law 19/2018 of 23 November on payment services and other urgent measures in financial matters.



2.17.- DISCLAIMER


PECUNPAY shall be exempt from liability for those transactions which, even if contrary to the payer's wishes, have been carried out as a result of an order received by PECUNPAY for which the established security requirements have been met for authentication purposes.

The use of the PIN by a person other than the HOLDER presupposes gross negligence or, where applicable, fraud on the part of the HOLDER.

PECUNPAY, without prejudice to adopting any measures it deems appropriate, shall not be held liable in the event of failure to accept your Card by any of the shops, banks and building societies committed to the sale of goods or provision of services, or due to technical or operational incidents at ATMs.


PECUNPAY shall also remain unaffected by any incidents or liabilities that may arise from the transaction carried out between the establishment and the Cardholder.

PECUNPAY excludes Visa's Global Zero Liability Policy from its scope of application, complying with current European regulations on the matter.

In the event of unauthorised payment transactions, the CARDHOLDER's liability regime, regulated by Article 46 of Royal Decree-Law 19/2018 of 23 November on payment services and other urgent financial measures, shall apply.

Finally, only balances in euros may be deposited in PECUNPAY accounts.


2.18 PRIOR AUTHORISATION FOR AUTOMATIC/RECURRING DEBITS


In cases where the HOLDER contracts the product or service through a Pecunpay Customer, said Customer may initiate automatic debits in their favour from the HOLDER's account, in accordance with the contracted offer and as contractually agreed between Pecunpay and the corresponding Customer.

These debits may be recurring, for a specific amount, and executed automatically.

PECUNPAY will only execute such debits when there is express, valid and current consent from the HOLDER granted through the Customer, under the terms authorised and verifiable by this Entity. Likewise, the Customer shall be responsible for ensuring that such consent has been correctly obtained and remains valid throughout the contractual relationship.



2.19.- REFUND OF STORED FUNDS


PECUNPAY shall refund, at any time, exclusively at the request of the HOLDER, the monetary value stored in their Account. In any case, the HOLDER must send PECUNPAY a refund request together with the original card through the channels enabled for this purpose.


By default, electronic money will be refunded by bank transfer to the account provided by the HOLDER for this purpose. Likewise, at the HOLDER's discretion, it may be refunded by issuing a new electronic money card, in accordance with the fee schedule approved by PECUNPAY, in the HOLDER's name. In both cases, the HOLDER shall bear the costs incurred as a result of the refund and the fees accrued.


2.20.- CONSULTATION OF STATEMENTS AND TRANSACTIONS


PECUNPAY is solely responsible for the veracity and accuracy of the information regarding the account statements it manages and never for the information that any other company or third party outside PECUNPAY may provide to the HOLDER, by any means, in the event of discrepancies in the information requested.


3.- FEES, COMMISSIONS AND EXPENSES


In cases where the HOLDER contracts the product or service through a Pecunpay Customer, the fees and commissions that apply in each case will be charged by said Customer according to the contracted offer, and will be reported on its website.


Likewise, it is hereby stated that PECUNPAY will charge the fees corresponding to the following items and for the following amounts directly to the HOLDER's account:



SERVICE

COMMISSION

Debit card cash withdrawal at ATMs

Domestic ATMs    The ATM service fee charged by the ATM operator is passed on in full


International ATMs in the eurozone    €2.50/transaction


International ATMs in Europe outside the euro zone and the rest of the world

€0.55 + 1% of the amount, with a minimum of €0.75

Transactions in currencies other than the euro (including cash withdrawals)

Mastercard

Transactions in SEPA zone currencies    %1.75 of the transaction amount

Transactions in currencies from the rest of the world    2% of the transaction amount


Visa

Transactions made at establishments in the SEPA zone    %1.75 of the transaction amount

Transactions made at establishments in the rest of the world    2% of the transaction amount




SERVICE

FEE

Balance management after

expiry

€0

Cancellation fee

€0

Fee for transfers to other institutions


€0

Mastercard Send *

Domestic

0.25% of the transaction (with a minimum of €0.15)

SEPA zone

0.25% of the transaction (with a minimum of €0.15)

International

2.15% of the transaction (with a minimum of €2.50)

Visa Direct

Domestic

0.25% of the transaction (with a minimum of €0.15)

SEPA zone

0.25% of the transaction (with a minimum of €0.15)

International

2.15% of the transaction (with a minimum of €2.50)


*If the contracted offer includes this service available to the HOLDER.



PECUNPAY, as the provider, has expressly and previously informed the HOLDER and, where applicable, the USERS, as subscribers, of the existence of the general conditions listed in this document, in a transparent manner, and the HOLDER, by signing and subscribing to the product, confirms that they are aware of these conditions and expressly agrees to them.


PECUNIA CARDS EDE, S.L.U. NIF: B86972346 

Registered in the Mercantile Registry of Madrid: T. 32368, F. 1, S. M-582661, 1st Entry, Bank of Spain Registry: 6707