General Terms & Conditions Joker MasterCard® Gift Card
General Terms & Conditions Joker MasterCard® Gift Card
These General Terms and Conditions ("GTC") relate to the issuance and utilisation of the Joker MasterCard® Gift Card. Please read these GTC carefully before entering into agreement with us. You should print or download a copy of these GTC and store a copy for future reference. The latest version of these GTC can be viewed on our Website https://www.jokerkartenwelt.novumbankgroup.com or by contacting Customer Service and require us to send you a copy. We will normally send you contractual information via email to your registered email address.
Name, address and principal commercial business of Prepaid Card issuer:
The issuer of the Prepaid Card is Novum Bank Limited (“NVM”) , whose registered office is situated at The Emporium, C De Brocktorff Street, Msida, MSD 1421, Malta. We operate under a banking license issued by the Maltese Financial Services Authority (MFSA) and are a credit institution licensed by the MFSA, registered under Company No. C 46997. The principal business activity of NVM is prepaid cards.
Applicable law, language of Agreement and conclusion of the Agreement:
This Agreement is governed by and shall be interpreted in accordance with the laws of Malta. This Agreement comes into effect when you accept these GTC from our website.
This Agreement is set out in German and in English. In the event of any contradictions, the English-language version takes precedence.
Complaints procedure:
In accordance with the complaints procedure of Novum Bank Limited, any complaint that a person has regarding a product or service of Novum Bank Limited must be addressed by calling us on 01805-777071, in writing by that person to Novum Bank Limited, either by sending an email to: complaints@novumbankgroup.com or by letter to:
Novum Bank Limited
The Emporium
C De Brocktorff Street
Msida, MSD 1421
Malta
Any written complaint must clearly indicate your data (identity and contact details) and state the facts and circumstances on which the complaint is based.
The Bank will send the customer a written confirmation of receipt within two (2) working days from the day after when the complaint has been received by the Bank. The Bank hereby confirms that all necessary measures will be taken to resolve the complaint within fifteen (15) working days. If this is not possible, the Bank will inform the customer accordingly, and will provide him/her with an indication as to when is it likely to be completed.
If the customer is not satisfied based on the reaction received, he or she can object to the decision by writing again to Novum Bank Ltd, stating the objection and the new information (s) to be assessed.
Moreover, should the customer be dissatisfied with the way in which we would have dealt with your complaint, you may direct your complaint/s in writing to: the Arbiter for Financial Services, Office of the Arbiter for Financial Services, N/S in Regional Road, Msida MSD1920, Malta or following the procedure as described under https://financialarbiter.org.mt/content/step-1-complain-your-provider .
Information about your Prepaid Card
Your Card is a Prepaid card and not a credit card or a debit card. Responsibility for the Prepaid Card programme lies with NVM, which is your partner in contract with regard to the operative implementation and administration of the Prepaid Card programme. The Prepaid Cards are issued and held by the NVM so that the card remains at all times the property of NVM. The credit balance for the usage of and any potential redemption from the Prepaid Card are held by NVM.
You can review pricing online by logging into your account with your username and password. Please also carefully read our guidelines on data protection. Our data protection guidelines inform you of the personal details which we are entitled to collect from yourself, and how and for what purposes we may collect, process and store such data.
1. Ordering and activating your Prepaid Card
2. In order to be able to negotiate your Prepaid Card agreement validly, you must be at least 18 years old and must be resident in the E.U or the E.E.A. You confirm that all data given by yourself for registration is truthful, complete and not misleading. You are under an obligation to promptly notify us of any change in your registration details. You may not use any pseudonyms or stage names. You agree and understand that you may submit only one application to Novum in connection with the acquisition of a Card. You may request additional Cards to be registered under your name as long as you have performed the necessary “Know Your Customer” (KYC) procedure. The details of this procedure are explained in more detail in the web page. Any breach of this provision will result in the immediate termination of your contractual relationship with NVM. We reserve the right to decline customers without stating any reasons. In order to activate your Prepaid Card, you should follow the instructions on the packaging of your Prepaid Card. You can also find information on how to activate your Prepaid Card on our website. Potential uses of Prepaid Card
The Prepaid Card is not connected to your bank account. It attracts no interest whatsoever on the credit balance which is on your Prepaid Card. The Prepaid Card is the property of NVM and is not transferable to third parties.
You can use your Prepaid Card worldwide wherever MasterCard® ("MasterCard® transactions") is accepted. You can find further information on your Prepaid Cards' functions on our website. Prepaid Card is tied to certain Prepaid Card limits.
3. Authorising and carrying out a MasterCard® transaction
By using your Prepaid Card you implicitly issue consent (authorisation) to make a payment order (= MasterCard® transaction). For this purpose• a slip should be signed, on which the Prepaid Card details are indicated, or
• in relation to MasterCard® participating companies, the required Prepaid Card details should be stated (for example over the internet or by telephone). For this purpose, it may be necessary to utilise the particular authorisation procedure indicated by the MasterCard® participating company.
Following authorisation, you can no longer revoke the payment order. We will deduct the amount of the transaction from the credit on your Prepaid Card as soon as the MasterCard® transaction is carried out. We are authorised to decline Prepaid Card payments if a) we have specific points of reference to indicate that your Prepaid Card is being used wrongfully and/or fraudulently, b) the credit on your Prepaid Card on the date of receipt of a payment order is not adequate to cover the payment amount and the charges arising, c) the prerequisites for authorisation of the payment order as set out in these General Terms and Conditions are not fulfilled, d) the Prepaid Card has been blocked, or e) the implementation of the payment instruction would breach applicable law. You will be notified of these circumstances via the terminal on which you are using your Prepaid Card, or by the participating MasterCard® merchant. We are under an obligation in relation to MasterCard® participating companies to honour transactions you activate using your Prepaid Card, and we shall charge such amounts to your Prepaid Card.
4. Execution time
After receipt of the payment order, we are obliged to ensure that the card payment amount is received at the payment service provider of the payee at the latest by the end of the next business day.
5. Your duties of caution and collaboration
You are obliged immediately upon receipt of your Prepaid Card to take all reasonable precautions to protect it from unauthorised access. You should treat your Prepaid Card as carefully as cash. Do not lend your Prepaid Card to any third parties. You are also under obligation to promptly notify us if you detect or suspect that one of MasterCard® transactions on your Prepaid Card was implemented without authorisation or incorrectly. The same applies in the event of any other unauthorised utilisation and in the event of your Prepaid Card being lost or stolen. In such cases we will immediately block your Prepaid Card. Charges are made for issuing a replacement Prepaid Card. The credit balance on the lost/stolen Prepaid Card is automatically transferred to the replacement Prepaid Card.
You affirm that you are compliant with all laws to which you are subject including, without limitation, all tax laws and regulations, exchange control requirement and registration requirements.
You accept that Novum is bound by anti-money laundering and counter funding of terrorism requirements and that you agree to provide Novum, with true, correct and complete information including without limitation, the identification and verification documentation of the contracting parties and beneficial owners (including other card holders or users as requested, as well as any other documentation or information in compliance with such requirements.
When carrying out these checks, your personal information may be disclosed to credit reference agencies and fraud prevention agencies. These agencies may keep a record of the information and a footprint may be left on your credit file, although the footprint will denote that the search was not a credit check and was not carried out in support of a credit application. It is an identity check only, and will therefore have no adverse effect on your credit rating.
You undertake that all monies used to fund and/or purchase the Card originate from legitimate sources or activities.
6. Your payment obligations
We are obliged to contracting firms and banks that accept your Prepaid Card to balance your turnovers made with your Prepaid Card regardless to the credit on your Card. Since your Card is a prepaid card you are obliged to ensure that your Card has sufficient funds for all of your payments. If your Card shows a negative balance after all, it is your duty to compensate the negative balance and to pay all costs incurred.
We inform you at least once per month about all card transactions and all incurred expenses and costs. You must submit any objections and other complaints against merchants where you have used your Card directly with these merchants.
It is at the discretion of the Bank to proceed and settle any amount owed, by the customer towards the Bank or its affiliates and partners, against any positive balance which may be on the card.
7. Blocking of Prepaid Card
We are entitled to temporarily block all or some functionalities and services relating to the Prepaid Card and the Prepaid Card itself if this is justified for specific reasons concerning Prepaid Card security or if there is suspicion of unauthorised or fraudulent use of the Prepaid Card. In the event of a block, we shall give you prior notice, wherever possible, or otherwise promptly after the block is applied. We shall also notify you of the reasons for the block unless we would infringe any applicable legal obligations in so doing. We will suspend the corresponding block or replace your Prepaid Card as soon as the reasons for the block have discontinued, and notify you promptly. Please contact our Customer Services department by e-mail once the reasons for the block have ceased and if you wish to have the block lifted.
8. Refund in the event of authorised MasterCard® transactions
You will have a claim against us for the reimbursement of any charged payment amount if you have authorised the use of a Prepaid Card with a MasterCard® participating company but the precise amount was not indicated upon authorisation and the payment procedure exceeded the amount which you would have expected on the basis of what you would previously have paid, according to the conditions of this Agreement and the respective circumstances of the individual case. Considerations relating to any currency exchange rates will not be taken into account if the agreed reference exchange rate was used.
You are obliged to give us an account of the facts from which you deduce your claim for reimbursement. We are obliged to provide you with full reimbursement of the corresponding payment amount within ten working days after receiving your request for reimbursement or otherwise to notify you of the reasons for declining the reimbursement.
Your claim for reimbursement is excluded if you do not claim the corresponding payment amount from us within eight weeks of the date of its charging.
9. Reimbursement in the event of an unauthorised MasterCard® transaction and in the event of absence of implementation, or the incorrect implementation, of an authorised MasterCard® transaction
In the case of an unauthorised MasterCard® transaction, we have no claim against you for the reimbursement of our costs. We are obliged to provide you with a prompt refund of the amount in full. If the amount was charged on your Prepaid Card, then we will restore your Prepaid Card credit to what would have been the Prepaid Card's status if it had not been for the unauthorised MasterCard® transaction. Your claim against ourselves is excluded if you have not informed us of it at the latest thirteen months after the date of charging for the card transaction. This deadline expires as defined by the date of notification as to the charge entry.
In the case of a non-execution or a non-authorised MasterCard® transaction, you can claim the prompt refund of the amount in full. If the amount was charged on your Prepaid Card, then we will restore your Prepaid Card credit to what would have been the Prepaid Card's status if it had not been for the non-execution or defective MasterCard® transaction. You can also request us to provide reimbursement of the amount to the extent that your card was charged as a result of the MasterCard® transaction not taking place or being erroneous.
If the erroneous execution took the form of an authorised MasterCard® transaction that reached the recipient's payment provider only after expiry of the implementation deadline, then your claims as mentioned above are excluded. If you suffered a loss due to the delay, we are liable for that loss.
If an authorised MasterCard® transaction did not take place or took place erroneously, then we will undo the MasterCard® transaction at your request and notify you of the outcome. Your claim against ourselves is excluded if you have not informed us of the non-authorised or erroneous MasterCard® transaction at the latest thirteen months after the date of notification as to the charge entry. The date of notification as to the charge entry is definitive for the elapsing of this period.
10. Reimbursement in the event of an unauthorised MasterCard® transaction or in the event of failure to implement, or erroneous implementation of, an authorised MasterCard® transaction
In the event of an unauthorised MasterCard® transaction, or in the case of an authorised MasterCard® transaction not taking place or being conducted erroneously, you can request us to provide compensation of a loss which is not already covered by Clauses 8 and 9 of these GTC.
This does not apply if the infringement of obligations was not our fault. We are liable for any faults of a third party intermediary as though they are our own if such third party intermediary has a contractual relationship with us. We shall not be liable for third party faults if it arises from an intermediary chosen by you (the customer) through the use of the card.
If you contributed to the occurrence of the loss by your own culpable behaviour, then the principles of shared liability will determine the extent to which you and we have to bear the loss. Liability under this Clause of the GTC is restricted to 12,500 Euro per MasterCard® transaction. This limit on the amount of liability does not apply to unauthorised MasterCard® transactions in the case of gross or wilful negligence on our part, for risks, which we especially took over. You, as cardholder, have to demonstrate the tangible circumstances from which you derive a claim.
Your claim against us is excluded if you have not informed us of it at the latest thirteen months after the date of the charge entry relating to the non-authorised or erroneous MasterCard® transaction. The date of notification as to the charge entry is definitive for the elapsing of this period. You may also assert liability claims after the expiry of this period if you were prevented from complying with this deadline through no fault of your own.
11. Your liability for unauthorised MasterCard® transactions up to and after the blocking notice
If you lose your Prepaid Card, if the card is stolen or mislaid by any other means and if this results in an unauthorised MasterCard® transaction, then you are liable for the losses caused up to the date of the blocking notice, up to a maximum of 150 Euro irrespective of whether the matter concerns loss, theft or them being mislaid in any other way.
If an unauthorised MasterCard® transaction takes place before the blocking notice without the situation involving the loss or theft of your Prepaid Card or being mislaid in any other way, then you are liable for the loss consequently arising up to a maximum amount of 150 Euro if you culpably infringed your obligation to store your Prepaid Card safely.
You are not under an obligation to compensate the above-mentioned loss if you were unable to send in a blocking request, because we assured you of the possibility of receiving the blocking request with the result that the loss occurred. If unauthorised MasterCard® transactions took place before the blocking request, and if you infringed your duties of care with gross or wilful negligence as defined by these GTC or acted fraudulently, then you are responsible for the full extent of loss arising. Gross negligence may be said to have arisen on your part particularly if you culpably failed to promptly notify ourselves of the loss or theft of the items, or of them being abused.
As soon as the loss or theft of the Prepaid Card, abuse or other unauthorised utilisation of the Prepaid Card is reported to us, we assume liability for all losses arising thereafter as the result of MasterCard® transactions. If you acted fraudulently, then you are also responsible for the losses arising after the blocking request.
12. Exclusion of liability
Temporarily, the utilisation of your Prepaid Card may be interrupted, for example because of routine maintenance operations on the system. In such a case, you may possibly be temporarily unable to use your Prepaid Card and/or our services, or you may be able to use them only subject to restrictions. We will do our best to minimise the repercussions on the use of our services and of your Prepaid Card.
We are not liable for losses attributable to an unusual and unforeseeable event over which we have no influence and control and which consequences we could not have avoided or foreseen despite observing the appropriate degree of caution, or are we liable for any losses caused by ourselves as the result of abiding by or complying with a legal obligation.
We assume no liability for any products or services acquired using your Prepaid Card. Nor do we assume any responsibility or liability for agents who do not implement a MasterCard® transaction correctly or who fail to cancel an authorisation unless we culpably infringed one of our obligations.
13. Term of agreement/validity of your Prepaid Card
This Agreement has an indefinite term of validity unless cancelled in accordance with these GTC or applicable regulations of law. Your Card is initially valid until the card balance is zero.
14. Right of Withdrawal
You may withdraw your application for negotiation of Agreement/your registration within two weeks and without indicating any reasons, in written form (e.g. letter, fax, e-mail). This deadline starts to run on receipt of this briefing in written form, but not before negotiation of the Agreement.
Prompt dispatch of notice of withdrawal is deemed adequate fulfilment of the deadline for withdrawal. Notice of withdrawal should be sent to:
Novum Bank Limited, The Emporium, C De Brocktorff Street, Msida, MSD 1421, Malta. Email address: jokercard@novumbankgroup.com
In the event of effective withdrawal, you shall only be required to pay, without undue delay, for the service or benefit actually provided by us in accordance with these terms and conditions. This may lead to a situation where you also have to fulfil contractual payment obligations for the period elapsing up until withdrawal.
In the event of effective withdrawal you shall be entitled to receive from us any sums received from you in accordance with this Agreement, with the exception of the amount referred to above.
Obligations for reimbursement of payments must be fulfilled, without undue delay and no later than within 30 days. This deadline commences for you upon your dispatch of the declaration of withdrawal, and for us it begins upon receipt. Your right of withdrawal shall terminate prematurely if the Agreement is entirely fulfilled by both sides in accordance with your expressed wishes and before you have exercised your right of withdrawal.
15. Cancellation
You are entitled to cancel this Agreement by a written notification to our Customer Services department. Notice of cancellation should be sent to:
Novum Bank Limited, The Emporium, C De Brocktorff Street, Msida, MSD 1421, Malta. Email address: jokercard@novumbankgroup.com.
We are entitled to the right of immediate cancellation for a valid cause. This includes but shall not be limited to, if we are aware or have reasonable grounds to suspect that you have deliberately propagated false information which is relevant to the provision of our services under this Agreement. Upon cancellation, there shall be no refund for any payment procedures or costs and fees incurred up until the time that the cancellation takes effect. You only have to pay a proportion of the fees collected regularly up until the date of cancellation of this Agreement. You shall be refunded a pro rata portion of fees paid in advance which cover the period after termination of the Agreement.
Upon entry into force of cancellation, we shall block your Prepaid Card. Remaining card funds will be transferred to a bank account of your choice, information on which you have notified to us in writing. The re-transfer to a foreign bank account will only be initiated at your express request and the incurred costs shall be borne by you.
16. Fees and costs
Fees and costs for MasterCard® transactions and activation of your Prepaid Card and the basis for calculation of rates of exchange, can be found in your overview of fees, which is part and parcel of this Agreement. In the event of any change in fees, the provisions concerning amendments to this Agreement will apply. You can also find an overview of all fees and costs on our website. We deduct all fees from the credit on your Prepaid Card as soon as they arise.
If you use your Prepaid Card to make a purchase in a currency other than the Euro, then the amount is converted into Euro at our exchange rate applicable at the time of the transaction. The rate for conversion is determined from the daily MasterCard® exchange rate and a foreign exchange surcharge from the fee table. Any change in the rate of conversion will take effect immediately and without prior notice.
In the unlikely event that any MasterCard® transaction is implemented without adequate credit being in place on the Prepaid Card, then the costs for failure of payment must be borne by yourself unless you can prove that you were not responsible for the failure to pay.
Where the Card has a zero balance the Card will be closed.
17. Redemption
You have the right to redeem the funds on your cards at any time in whole or in part. To do so, please either send us an e-mail or contact us by telephone, requesting redemption and indicating the amount to be redeemed. Funds will be redeemed to a German bank account held in your name. We may also charge a redemption fee if you are requesting redemption before termination or expiry of this Agreement or if you request redemption more than one year after the date of termination or expiry of this Agreement. For redemption more than one year after the date of termination or expiry of this Agreement an additional monthly administrative fee may apply. For further information about the fees please refer to the fee table on the website.
18. Amendments to this Agreement
We shall notify you of amendments to this Agreement at the latest two months before they enter into force, in writing or by electronic channels of communication. Your approval is deemed to be granted if you do not indicate your refusal before the date of entry into force of the amendments. This approval effect is particularly referred to in our notice of amendment. Within the deadline for notification, you may cancel this Agreement without notice and free of charge. We shall also make a particular reference to this right of cancellation in our notice of amendment. Amendments which shall satisfy regulatory requirements shall enter into force immediately or from the date of the notice.