These terms and conditions ( “Terms”) govern the use of the Services (as defined below), which
are provided by Intercash Limited (“we”, “us” “our” “Intercash”)
We are a limited company registered in the Isle of Man, company registration number 1273 54C
with registered office address at , 2nd Floor, Hillary House, Prospect Hill, Douglas , Isle of Man, IM1
1EQ
Intercash is a technology and program management service provide r. Intercash operat es card
programs in partnership with Issuers, BIN sponsors, processors, and schemes .
The Terms are applicable to all Cardholders and counterparties using the Services . By using the
Services , you agree to the terms and conditions outlined in this documents and all mentioned
documents, kindly read them carefully:
Intercash is a registered Program Manager Authorized by Mastercard and Visa. Funds may be
processed and services carried out by one or many of the Intercash Groups subsidiaries.
1.1 Interpreting this Agreement . Refer to clause 3 which, amongst other things, sets out the
meaning of capitalized terms used in th is Agreement . The Parties as detailed in Schedule 2
have agreed to work together to facilitate the issuance of payment instruments to our clients .
1.2 What th is Agreement covers . This Agreement is a framework which sets out the basis on
which all parties will carry out the services set out in Schedule 1.
1.3 Why you should read th e Agreement . Please read the Agreement carefully before you
agree to it, as its terms apply to the services provided by us and its terms will be incorporated
into any contracts entered into between you and us pursuant to these terms. The terms and
conditions within this Agreement explain many of your responsibilities to us and our
responsibilities to you, how and when each Contract can be terminated and the extent of our
liability to you. If there are any terms that you do not understand or do not wish to agree to,
please contact us. You should only complete the sign -on procedures and agree to the terms of
this Agreement and enter into Contracts if you agree to be bound by this Agreement.
The definitions set out in this clause apply in this Agreement as follows:
3.1 You will be bound by this Agreement as soon as we notify you that you have become a client
or, if we don’t notify you, as soon as we make the Services available to you , or upon your
express acceptance of the Agreement . To become a client and before any Services can be
provided by us, you must provide us with all information reasonably required by us to comply
with our legal and regulatory obligations and our own internal risk management processes
and agree to these terms. You warrant that all information provided to us is true and correct to
the best of your knowledge .
3.2 At our absolute discretion we may refuse to open the Account for you and may do so
without giving any reason and without any liability on our part.
3.3 This Agreement shall come into force on the date that we confirm to you that you are a
Client, or we otherwise make the Services available to you or upon your express acceptance
of the Agreement and shall remain in force until terminated in accordance with this
Agreement.
4.1 We may in our absolute discretion provide, or continue to provide, the Services set out in
Schedule 1 to you.
4.2 As part of the Services, through the E Money Issuer , we shall provide you with Electronic
Money upon receipt of money from you or a third party on your behalf, store your Electronic
Money and redeem Electronic Money both on your express instruction and in accordance with
this Agreement.
4.3 When Electronic Money is stored in one of your Accounts, the funds corresponding to the
Electronic Money is not the same as a credit institution holding money for you in that:
4.4 As part of the Services, through our Payment Instrument Issuers , we shall provide you with
a Card. We shall be responsible for the distribution of the Card and the support for the
particular payment instrument provided to you.
4.5 We do not offer advice under this Agreement on any matter including (without limit) the
merits or otherwise of any currency transactions, on taxation, or markets. It is entirely for you
to decide whether a particular Contract and your instructions to us, are suitable for you and
your circumstances.
4.6 We can close or suspend your Card at any time, including if the activity on your Card
appears suspicious, fraudulent or we believe it to be associated with criminal activity or
activity which is inconsistent with this Agreement. Unusual or multiple purchas es may prompt
a merchant inquiry or Card suspension that is necessary to allow us to investigate such
activity. We reserve the right, in our sole discretion, to limit your use of the Card. We may
refuse to issue or replace a Card or may revoke Card privile ges, other than as required by
applicable law. You agree not to use or allow others to use an expired, revoked, cancelled,
suspended or otherwise invalid Card. We will not incur liability to you because of the
unavailability of the funds that may be associated with your Card.
5.1 You warrant and represent to us (such representations and warranties to be made both on
the date you accept this Agreement and on the date you enter into each Contract) that:
(a) you are an individual , person, or legal entity
(b) you have appointed us as your Program Manager to place orders to enter into Contracts
with us and otherwise communicate with us;
(c) all information that you supply to us is complete, true, accurate and not misleading in
any material respect;
(d) all sums which you send to us or are sent to us on your behalf (until these monies
become due to us or are paid back to you) are and will remain owned by you and you
have not created and will not create any charge or other encumbrance over or in
respect of such monies;
(e) you are not prevented by any legal disability or subject to any law or regulation from
performing your obligations under this Agreement and any related transactions
contemplated by them;
6.1 The material displayed on our Website is provided without any guarantees, conditions or
warranties as to its accuracy.
6.2 You acknowledge and agree that we own all intellectual property rights on the Website and
subsisting in, or embodied by the services , any proprietary software or other technology
required to operate the Services , and any modifications or improvements thereto, including
any derivative works, are retained by us and protected under applicable Intellectual Property
Rights
6.3 By activating your Card , we grant you a limited permission to use the Online Banking
Portal solely for the purpose of benefiting from the Services in accordance with these Terms
7.1 Where we and another person (such as a payment services provider) are liable to you in
respect of the same matter or item, you agree that our liability to you will not be increased by
any limitation of liability you have agreed with that other person or because of your inability to
recover from that other person beyond what our liability would have been had no such limitation
been agreed and/or if that other person had paid his or its share.
7.2 Where any loss, liability, cost or expense (a “ Loss ”) is suffered by you for which we would
otherwise be jointly and severally or jointly liable with any third party or third parties, the extent
to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall
be limited so as to be in proportion to the aggregate of our contribution to the overall fault for
such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as
determined by a court of competent jurisdiction.
7.3 We accept no responsibility for any delay in fulfilling a Contract attributed to the late
arrival of funds or instruction of payment relative to the cut off times of the designated bank
or for delays or faults due to the clearing banks or banking systems.
7.4 We shall not be liable for any bank charges that you may incur in sending funds to or
receiving funds from us.
7.5 We shall not be liable to you for the non-performance of our obligations or the failure to
execute any Payment Order if the execution of the Payment would be illegal.
7.6 Nothing in this Agreement limits or excludes our liability for death or personal injury
caused by our negligence or for any damage or liability incurred by you as a result of fraud or
fraudulent misrepresentation by us or to the extent that the liability m ay not be excluded or
limited by any applicable law.
7.7 The E -Money Issuer shall not be liable for any loss, damage, claim, or liability arising out
of or in connection with the issuance, distribution, management, or use of any payment
instrument issued under this Agreement, except where such liability arises s olely from the E –
Money Issuer’s failure to comply with its regulatory obligations as an issuer of e -money.
7.8 The Payment Instrument Issuer shall not be liable for any loss, damage, claim, or liability
arising out of or in connection with the safeguarding, issuance, or redemption of e -money,
which remains the sole responsibility of the E -Money Issuer, in accordanc e with applicable
financial services legislation and regulation.
7.9 We are not liable for certain losses. We are not responsible for the quality, safety, legality,
or any other aspect of any goods or services purchased with the Card. We are not liable for
any loss arising from any merchant refusing to accept your Card, or any ATM failing to
dispense cash. You are responsible for losses arising from gross negligence, or failing to
conduct adequate due diligence on the merchants you transact with.
8.1 If you wish to m ake a complaint, contact us using the contact email address for complaints :
[email protected]
8.2 We have internal procedures for handling complaints fairly , promptly and free of charge .
A copy of our complaints’ procedure is available on our Website or may also be submitted to
you directly upon request.
8.3 We will acknowledge Your complaint by email within five Business Days. The email will
contain details of the complaints handling procedure and your right to refer the complaint if
you are dissatisfied with our assessment ruling.
8.4 The claims shall be submitted, handled and responded in English, unless use of another
language is agreed between you and us (which may as well be expressed by our acceptance of
claims submitted in languages other than English).
8.5 We will aim to resolve your complaint within 30 Business Days from the date when the
complaint was received. In some circumstances, more than 30 days may be needed to
investigate a complaint, for example, if the complaint is complex, if there are delays cause d
by other parties involved in resolving the complaint. If we are unable to resolve your compliant
to your satisfaction, you may be eligible to escalate the complaint to an external dispute
resolution service or the appropriate financial ombudsman in the jurisdiction of where the
services are provided from.
9.1 To comply with the requirements of the Law on the Prevention of Money Laundering and
Terrorist Financing and related regulations, it may be necessary to obtain from you, and retain,
evidence of your personal identity in our records from time to time. If satisfactory evidence is
not promptly provided to us, we cannot accept your instructions and may not be able to provide
you with the Services . We are required to share records of your identity with the Issuers in
order to be able to offer you the Services.
9.2 To assist us with meeting our obligations, we may carry out an electronic verification
check via third party providers in order to verify your identity. If such searches are carried out,
we may keep records of the contents and results of such searches in accordance with all
current and applicable laws. You acknowledge that us carrying out an electronic verification
check may leave a soft footprint on your credit history.
9.3 We are also obliged to report any reasonable suspicions about instructions received,
transactions and activities to the regulatory authorities. This may affect our relationship with
you so far as confidentiality is concerned. If we are required under legislation (including the
Law on the Prevention of Money Laundering and Terrorist Financing) to refrain from
communicating with you and/or proceeding with your instructions, we can accept no liability
for the consequences of being prevented from doing so.
10.1 When we may terminate this Agreement.
(a) We can terminate this Agreement at any time and for any reason by giving you not less
than 30 days notice.
(b) We may terminate this agreement immediately in the event that;
(c) If you terminate your agreement with us;
10.2 When you may terminate this Agreement . You can terminate this Agreement
at any time and for any reason by giving written notice. We may contact you to
confirm your request.
10.3 Effect of Termination . Upon the effective date of termination:
(a) you will no longer be able to use the Services;
(b) all of your payment obligations under this Agreement will immediately become due and
payable;
(c) we shall redeem any Electronic Money we hold for you and send the equivalent funds
to a bank account in your name, unless agreed by both parties, less any monies which
are due and owing to us. Any reasonable banking costs associated to the redemption
and return of your monies may be charged to the Card balance.
11.1 We undertake that we shall not at any time, disclose to any person any of your confidential
information, except in the following circumstances:
(a) to our employees, officers, representatives or advisers who need to know such
information for the purposes of exercising our rights or carrying out our obligations under or
in connection with this agreement, including to the relevant Issuers . We shall ensure that our
employees, officers, representatives, advisers or the Issuers to whom we disclose your
confidential information comply with this clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or
regulatory authority.
12.1 We will only use your personal information as set out in our Privacy Policy.
13.1 We may maintain a record of all emails sent by or to us. All those records will be maintained
at our absolute discretion and are our property and can be used by us in the case of a dispute.
We do not guarantee that we will maintain such records or be able to make them available to
you. You consent to the use and admissibility of any such records as evidence in any dispute
or anticipated dispute between the parties which relates to the dealings between the parties.
13.2 This Agreement constitutes our offer to make the Services available to you and you
agreeing to this Agreement constitutes your acceptance of this offer.
13.3 We shall have no liability to you under this Agreement or any Contract if we are prevented
from or delayed in performing our obligations under this Agreement, for temporary
interruptions in service due to failure beyond our control including, but not limited to, the failure
of interconnecting operating systems, computer viruses, and forces of nature, labour
disputes and armed conflicts or acts of God.
13.4 Each of the subclauses, clauses and paragraphs of this Agreement operates separately.
If any court or relevant authority decides that any of them are unlawful, the remaining sub –
clauses, clauses and paragraphs will remain in full force and effect.
13.5 We may amend this Agreement by giving you no less than two months’ notice in writing. If
you object to the proposed amendments, you have the right to terminate this Agreement before
the date proposed by us for the entry into force of the changes.
13.6 We may transfer our rights and obligations under this Agreement to another organization
without your consent. We will always tell you in writing if this happens and we will ensure that
the transfer will not affect your rights under this Agreement or any Contract.
14.1 You must take all reasonable steps to keep safe all communication channels you have
with us including any API keys, passwords, PINs , access codes, or email addresses you
use to communicate with us. If you become aware that there is a risk that your
communication with us is no longer secure, you must notify our customer support as soon
as possible.
14.2 You agree that any use of your Card, card number or PIN constitutes your authorization
and consent to a transaction.
14.3 You must take all reasonable precautions to prevent fraudulent use of the Services.
14.4 We shall contact you via email in the event of suspected or actual fraud or security threats,
unless we are of the view that your emails might be compromised, in which case we shall
contact you by telephone.
14.5 We may stop or suspend the use and your access to the Services based upon:
15.1 Some of the risks that may be associated with the use of the Card are outlined below. The
risks described are intended to be a summary of the major risks associated with the Card and
are not exhaustive. There may be other risks that relate to the use of yo ur Card.
Significant risks to Cardholders are:
16.1 A chargeback is a right under the Mastercard and VISA Scheme Rules that
transaction can effectively be reversed by us debiting an amount to the merchant’s
financial institution and crediting back to your Spendable Balance once the process has
completed. We can only process chargebacks if the Mastercard or VISA Scheme Rules
allow.
16.2 In some circumstances, you may be able to request a chargeback of a transaction
when you have a dispute with a merchant; for example:
16.3 If you believe you are entitled to a chargeback, you must notify us as soon as
possible by contacting Intercash as the Mastercard and VISA Scheme Rules impose time
limits for initiating chargebacks. The time limit is generally 75 -120 days from the date of
disputed transaction depending on the type of dispute and relevant scheme rules.
16.4 Once a chargeback has been initiated, we may require you to provide additional
information. If we do ask you for additional information and you do not provide it within 5
days, then you may lose any rights to the chargeback.
16.5 You are required provide full details of the charge back by email to us, following
failed attempts to resolve the dispute directly with the merchant.
16.6 Please note if we initiate a chargeback, the merchant may have rights under the
Mastercard or VISA Scheme Rules to have the transaction investigated further and this
can in some circumstances result in the chargeback being reversed. That can mean the
original transaction might be rein stated by being debited from your Spendable Balance.
16.7 Program Manager reserves the right at its discretion to refuse any dispute where
there has been significant misrepresentation or fraud on the part of the cardholder , or
additional information that was requested is not provided in a timely manner .
16.8 Program Manager reserves the right to refuse a dispute where the cardholder has
attempted to use third party or marketplace platforms in order to circumvent and disguise
the initial intended use of the card .
a) We shall charge you for the use of your Card and the Services. The fees are outlined in the Online
Banking Portal.
b) In the event a Fee is charged to your Card or Account in error you must notify us within 30 days in
order to investigate and rectify the amount.
c) We reserve the right to change, update or modify the fees from time to time
d) Upon expiration of the Card, if your Card is not immediately renewed, and your balance transferred
to your new Card, you will incur a monthly administration fee on the remaining balance.
18.1 These Terms and any dispute or claim arising out of or in connection with it or its subject
matter or formation (including non -contractual disputes or claims) shall be governed by and
construed in accordance with the law of England and Wales. Each party irrevocably agrees
that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or
claim arising out of or in connection with this Agreement or its subject matter or formation
(including non -contractual disputes o r claims).
18.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this
Agreement.
18.3 The Schedules form part of this Agreement and shall have effect as if set out in full in the
body of this Agreement. Any reference to this Agreement includes the Schedules.
19.1 The Account and Card is a payment service product and not a deposit or credit or banking
product and, as such is not governed any deposit compensation scheme. The E-Money Issuer
shall ensure proper safeguarding of your funds so that they are protected in accordance with
applicable law if the Program Manager or the E -Money Issuer become insolvent.
19.2 All transaction information, i.e. information about the executed Payment Orders, is
available anytime and free of charge through the Online Banking Portal .
19.3 You should regularly check transaction information for mistakes or discrepancies,
through the Online Banking Portal .
19.4 In case of disputed Card transactions, we may, subject to any restrictions under
applicable law, decide not to proceed with chargebacks at our sole discretion. Reasons for
this might include: not receiving sufficient information to determine that an error occurred;
not receiving a notification about the payment error in a timely manner; disputes being
caused by the risky nature of transactions undertaken
19.5 If an unjust or wrong amount has been loaded to your card account you must let us know
immediately and cooperate with us to recuperate and debit the funds form the account.
19.6 Never let another party use your Card and keep it safe. Memorize your PIN and never
disclose this and other security information to anyone. Sharing these details can lead to
unauthorized access to your account and you will be solely responsible for transaction(s)
made in this situation. Wise will not be liable for any loss arising due to any such
unauthorized transaction
20.1 In order for a Payment to be executed, you will need to hold enough Electronic Money to
complete the Payment and pay the applicable Fee. This should be achieved by you having
sufficient funds in the correct currency in as a balance on your Card , in which case we shall
issue you with the appropriate amount of Electronic Money.
20.2 You can redeem the Electronic Money you hold with the Electronic Money Issuer by
contacting the support services and making a Payment Order by filling out the requested
forms. Alternatively, you can use your Card wherever the relevant scheme mark is accepted.
20.3 When executing the Payment, we will automatically redeem your Electronic Money and
send the corresponding amount of funds to you in an account in your name.
In some instances, an executed payment may result in a “negative balance”. You are
responsible for ensuring that you hold enough Electronic Money to cover all executed
payments. We may draw funds from any associated payment instruments or accounts to cover
a negative balance ..
21.1 How to place a Payment Order:
21.2 You may place a Payment Order with us as your Program Manager agent. As the
Program Manager we place your Payment Order with the relevant Issuer on your behalf . The
Issuer will accept Payment Orders received by us on your behalf. You must notify us
immediately if you no longer authorize us as your agent to place Payment Orders with the
Issuer on your behalf.
21.3 We take no liability for funds lost due to incorrect banking details provided to us by you.
21.4 We are entitled to assume that:
(a) We as the Program Manager are authorized to make Payment Orders on your behalf until
you notify us to the contrary in writing;
(b) all Payment Orders received by us have been authorized by you.
We will provide the following services to you (collectively, the “Services”) in accordance with
these Terms:
Program Manager Name: Intercash Limited
Registered Address: LEVEL 6, 10A PROSPECT HILL, DOUGLAS, IM1 1EJ, Isle of Man
Country of Incorporation: Isle of Man
Company Number: 127354C
Website: Cardportal.com
Contact Email Address (support): [email protected]
Contact Email Address (complaints): [email protected]
E-Money Issuer Name: Andaria Financial Services UK Limited
Registered Address: International House, 36-38 Cornhill, London EC3V 3NG, United Kingdom
Country of Incorporation: England and Wales
Company Number: 12840774
Website: https://andaria.com/
Card Issuer Name: Paynovate S.A
Registered Address: Cantersteen, 47 at 1000 Brussel
Country of Incorporation: Belgium
Company Number: BE 0506.763.929
Website: https://www.paynovate.com/
Marketing Partner Name: XLENTPAY Corporation
Role: Marketing and distribution of the card product
Registered Address: 6 Gram Str, Vaughan, ON, L6A 3Z2 Canada
Country of Incorporation: Canada
Company Number: 1616307-6
Website: https://xlentpay.com
Contact Email Address: [email protected]