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About Us

My Mercury Card has the most advanced technical team to provide the best payment service for individuals and businesses.

We provide worldwide online payment solutions and prepaid financial service accounts, but our flexible way of cooperation enables us to act as your local supplier.

In the prepaid financial service industry, prepaid products available to repeated top-up are just there for 15 years. However, our management team has worked in the prepaid card industry for more than 40 years. Now, we will apply such rare experience that cannot be reproduced to providing the best global payment products and services for you.

Another critical accreditation needed to comply with MasterCard™'s regulations if for My Mercury Card to be in compliance with the Payment Card Industry's Data Security Standard ('PCI-DSS'). PCI-DSS is the payment card industry's stringent security requirements for companies that process or store their customer's personal and payment card data. My Mercury Card has received accreditation to the required standard. The process of obtaining accreditation involved a comprehensive scrutiny of our hosting environment, information security policies, procedures and IT environment.

Three major British companies have reached strategic cooperation with My Mercury Card to create the best prepaid payment products and services together with us. Our issuing bank is one of MasterCard™ International members and holds the issuing license. Our process handling has obtained Visa International and MasterCard™ International licenses for our MasterCard™ transaction processing. Moreover, the card producer, store and distributors we select have obtained Visa and MasterCard™ certifications.

The Data Protection Act 1998 requires that any organization whose business process is involved with personal data must be registered at “ICO” (Information Commissioner’s Office) except exempted ones. In addition to compliance with ICO requirements, My Mercury Card system has registered at ICO and will always abide by ICO requirements as we highly value users’ privacy information.

In addition, My Mercury Card system meets MasterCard™ management identification standards. The Payment Card Industry Data Security Standard (PCI-DSS) is required by the system. PCI-DSS is a very high security requirement for the payment card industry. This standard is binding to the businesses that get involved in process handling or retain the personal and payment card information of customers. My Mercury Card system is identified and meets the standards. To be approved by the identification, our server environment, information security terms, process and IT environment should be subject to comprehensive and detailed reviews.

My Mercury Card is committed to providing individual and business users with prepaid payment solutions. We provide users with the safest, the most flexible and multi-functional payment solutions.

Our system is developed by experts from the payment system and e-commerce circles. This revolutionary payment system will protect your identity information and funds. Supported with our MasterCard™, you can use it globally.

For individual and business users, our solution is easy to operate. My Mercury Card system enables users to better develop businesses and professional development and marketing so that your transnational business is also safe, flexible and cost effective in terms of payment as local businesses.

Inside of us is a series of fraud prevention procedures, including know your business and know your customer analysis, anti-money laundering system, anti-terrorist financial investigation programs, etc. All these have been integrated into our system to provide the safest services for our customers.

My Mercury Card Privacy Policy

My Mercury Card is committed to respecting Your online privacy and recognizes Your need for appropriate protection and management of any personally identifiable information ("Personal Information") You share with us. Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home, credit card information, and Website usernames and passwords. My Mercury Card collects and uses Your Personal Information only for business purposes which allows it to provide pre-paid cards, payment processing, billing, and fraud detection services.

If You choose to provide My Mercury Card with Your Personal Information through its Website, or by facsimile, mail, or e-mail, My Mercury Card may transfer that Personal Information within My Mercury Card and transfer that Personal Information to My Mercury Card's third-party service providers, merchants with whom You have made transactions with for the purpose of assisting the merchant in resolving disputes across borders, and from Your country or jurisdiction to other countries or jurisdictions around the world.

My Mercury Card strives to comply with all applicable laws around the globe that are designed to protect Your privacy. Although legal requirements may vary from country to country, My Mercury Card will adhere to the principles set forth in this Privacy Policy even if, in connection with the above, they transfer Your Personal Information from Your country to countries that may not require as stringent levels of protection for Your Personal Information. In other words, My Mercury Card's goal is to provide protection for Your Personal Information no matter where that Personal Information is collected, transferred, or retained.

My Mercury Card also collects government-issued identification numbers ("ID Numbers") to comply with existing Know Your Customer government regulations.

This Privacy Policy explains how My Mercury Card treats Your Personal Information.
To protect Your privacy, My Mercury Card has adopted the following principles:
Notice
Choice
Security
Access / Accuracy

Information Collection

You may access and browse My Mercury Card's Website without disclosing any Personal Information. However, if You attempt to purchase a product or service offered by My Mercury Card, or use a My Mercury Card product to purchase a product or service online, My Mercury Card may request that You voluntarily supply My Mercury Card with Personal Information. My Mercury Card uses a secure transmission method for all of its transmissions.

My Mercury Card receives and stores all information that You enter in My Mercury Card's Website. In addition, My Mercury Card collects information about You during Your visit, such as Your IP Address, and My Mercury Card employs unique software in order to ascertain Your physical location when using our Website. In addition, My Mercury Card may collect nonpublic personal information about You from the following sources:

Information My Mercury Card receive from You on applications or other forms; and Information about Your transactions with Us, Our affiliates, or others.

Except as set forth below, My Mercury Card does not collect information from sources such as public records, or private organizations. However, My Mercury Card does collect Personal Information You submit to its clients in order to complete transactions. You are required to provide My Mercury Card and its clients with accurate and up-to-date information, and Your failure to accurately provide such information could result in the voiding of Your agreement(s) with My Mercury Card.

My Mercury Card may require You to provide certain Personal Information by facsimile, mail, or by e-mail. This Personal Information is requested to verify Your identity and the address and financial information You have submitted via My Mercury Card's Website. Personal Information collected via facsimile, mail, or e-mail will be scanned and stored in My Mercury Card’s computerized databases, and paper copies will be shredded unless My Mercury Card is required by law to keep paper copies.

Current government regulations require My Mercury Card to collect valid government-issued identification numbers ("ID Numbers") such as passport numbers, driver’s license numbers and/or other government issued forms of identification of its Account Holders as a preventative measure against identity theft and the use of My Mercury Card’s products and services for illegal purposes. My Mercury Card WILL NEVER ASK FOR YOUR ID NUMBER OVER INSTANT MESSENGER OR E-MAIL. You will be prompted to enter Your ID Number after You log into Your My Mercury Card Account, or upon sign-up for a new My Mercury Card Account. My Mercury Card may ask for a scanned copy of Your government-issued identity document in order to confirm Your identity.

Information Use

My Mercury Card is the sole owner of the information collected through Our Website, or by facsimile, mail, e-mail, or by any other means. My Mercury Card will not sell, share, or rent this information to third parties, except as set forth in this Privacy Policy. My Mercury Card shall release data when required by law, to enforce My Mercury Card's agreement(s) with You, or to enforce the contract rights of My Mercury Card's clients.

Information Sharing

My Mercury Card will not share Your ID Number or government-issued identity document with anyone, other than a government institution or authority when required by law or other regulation.

My Mercury Card ensures that Your Personal Information will not be disclosed to anyone other than a government institution or authority when required by law or other regulation, except they may disclose Your Personal Information to the following parties (“Third Parties”):

My Mercury Card's affiliated Issuing Bank and card processors as required to issue pre-paid card and process transactions on a pre-paid card;

Website owners/operators from which You are purchasing goods and services using My Mercury Card.

In addition, My Mercury Card may disclose Your user name, name, address, phone number, and e-mail address to non-financial companies, such as companies that perform marketing services on My Mercury Card’s behalf and retailers with whom My Mercury Card has a contractual relationship ("Nonaffiliated Third Parties") to provide You information, special offers, and promotions. You may opt-out from these disclosures at any time by following the Opt-Out procedure below.

Choice

You may choose whether or not to provide Personal Information to My Mercury Card. If You choose not to provide the Personal Information My Mercury Card requests, You can still visit some of My Mercury Card's Website, but You may be unable to access certain options, offers, and services that involve My Mercury Card's interaction with You. If You chose to have a relationship with My Mercury Card, such as a contractual or other business relationship or partnership, You will be required to provide Personal Information in connection with such relationship in order to maintain that relationship.

Because government regulations mandate that My Mercury Card collect ID Numbers, if You choose not to provide an ID Number, You will not be able to sign up for an Account. If You are a current My Mercury Card Account Holder, My Mercury Card request Your ID Number upon login if You have not provided the ID Number already. If You choose not to provide an ID Number, My Mercury Card will assist You in terminating Your My Mercury Card Account and transferring Your money to another location. Please contact legal@mymercurycard.com for more information.

Opt-Out

If You prefer that My Mercury Card not disclose non-public Personal Information about You to Nonaffiliated Third Parties, You may opt out of those disclosures, that is, You may direct My Mercury Card not to make those disclosures (other than disclosures permitted by law). If You wish to opt out of disclosures to Nonaffiliated Third Parties, You may opt-out at www.mymercurycard.com when You login to Your My Mercury Card Account. Please note that this opt-out process may take up to thirty (30) days to complete.

Security

My Mercury Card has implemented best-practices security policies, rules and technical measures to protect the Personal Information and ID Numbers that we have under our control from unauthorized access; improper use or disclosure; unauthorized modification; unlawful destruction or accidental loss. Secure Socket Layer (SSL) software is used when receiving and transmitting electronic payments. The sensitive information that You provide is encrypted. When My Mercury Card communicates with its required technology vendors and associated financial institutions, Your credit card number is communicated on a private dedicated line of communication.

In addition, My Mercury Card protects Your Personal Information and ID Number off-line. Access to Your Personal Information is restricted. My Mercury Card's facilities are only accessible through security clearance. All employees and data processors, who have access to and are associated with the processing of Personal Information and ID Number, are obliged to respect the confidentiality of My Mercury Card's customers' Personal Information and ID Number, and Your Personal Information and ID Number is restricted to those employees who need to know Your Personal Information to provide products or services to You. My Mercury Card conducts background and credit checks on all of its employees prior to employment. My Mercury Card employs a User ID, password scheme and a random Token process in order to limit and achieve access to our computer networks by our employees and Third Parties.

Access

You may inquire about Your Personal Information or ID Number being held by My Mercury Card by sending an e-mail to legal@mymercurycard.com. Within five (5) business days, You shall be provided a copy of the Personal Information or ID Number that is kept about You. You will be charged a $25 processing fee to complete the request. Prior to completing Your request, You will be required to provide proof of Your identity. My Mercury Card reserves the right to refuse any request for information, and it will communicate the reason for its decision to You.

Accuracy

To the extent that You provide My Mercury Card with Personal Information, it must be accurate. Where My Mercury Card collects Personal Information from You, My Mercury Card's goal is to provide You a means of contact should You need to update or correct that Personal Information. If for any reason those means are unavailable or inaccessible, You may send updates and corrections about Your Personal Information to legal@mymercurycard.com or by facsimile, by governmental or private express mail, and all reasonable efforts will be made to incorporate the changes in Your Personal Information as soon as practicable.

If You provide My Mercury Card with Your ID Number, it must be from a currently valid government-issued identification document. My Mercury Card may request a scanned copy of Your government-issued identification document to verify Your identity at any time. If for any reason Your government-issued identification document is not acceptable, My Mercury Card may request alternate forms of identification to verify Your identity.

Cookies

A cookie is a piece of data stored on the visitor to a website's hard drive containing information about the visitor that can only be read by the server that placed cookie onto the visitor's hard drive. My Mercury Card employs "cookie" technology. My Mercury Card's website uses cookies to store personal data, to authenticate You as a site user, to track My Mercury Card's affiliate click-throughs and sign-up rate, and for security purposes.

Most browsers are initially set up to accept cookies. You can set Your browser to block cookies entirely, delete cookies when You leave the website, notify You when You receive a cookie giving You the chance to decide whether or not to accept it, or limit the subsequent retrieval of cookies by the website. In addition, there are number of privacy-enhancing tools and software that You may purchase that will enable You to identify and block cookies on a selective basis. Please note that for some websites that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those websites where cookies are not optional.

To avoid any future persistent cookies being placed onto Your hard drive from My Mercury Card's Website, You may also "opt out." In order for You to receive the opt out cookie(s) You will need to have JavaScript and cookies enabled in Your browser. By receiving this cookie, My Mercury Card's systems will know that You have opted out and will not attempt to assign other persistent cookies in the future. Since the opt out cookie does not contain a unique User ID number, it does not allow us to identify Your computer individually. To opt out of future persistent cookies, click here. Please note again that some of My Mercury Card's websites require an authorization and use of cookies is not optional (such as shopping cart). Users opting out of future cookies will probably not be able to access those websites.

Third Parties

Occasionally, My Mercury Card receives information from Third Parties to compare information that You have provided to My Mercury Card for fraud prevention purposes.

Any websites displayed to You by My Mercury Card's Website as Internet search results or linked to Internet search results pages provided to You by My Mercury Card's Website, including websites owned or operated by My Mercury Card's clients, are websites developed by Third Parties over which My Mercury Card exercises control. Such websites may send their own cookies to end-users, collect data, or solicit Personal Information from You. My Mercury Card is not responsible for the privacy practices or the content of such websites, including such websites' use of any information collected when You are directed to or click through to such websites. Even though such information might not identify You personally, You are strongly encouraged to become familiar with the privacy practices of those websites.

Children

My Mercury Card does not request, or knowingly collect Personal Information or ID Numbers from children under the age of eighteen (18) years. My Mercury Card takes specific steps to protect the privacy of children by making reasonable efforts to ensure that a child's parent or legal guardian has authorized the collection and/or distribution to Third Parties of a child's Personal Information. Additionally, to ensure that children's privacy is respected on My Mercury Card's Website, My Mercury Card requires age verification on every inquiry. Furthermore, My Mercury Card does not give children the ability to post messages or otherwise distribute information about themselves on My Mercury Card's Website.

Policy Changes

My Mercury Card will make all commercially reasonable efforts to maintain up-to-date and effective privacy standards and policies. Whenever My Mercury Card makes changes to these standards or this Privacy Policy we will post a notice of this change at www.mymercurycard.com.

Effective date

This Privacy Policy is effective immediately.

Commitment

My Mercury Card is committed to the privacy of all customers' Private Information and ID Numbers and are actively involved in and support current industry initiatives to preserve individual privacy rights on the Internet. Protecting Your privacy online is an evolving area, and My Mercury Card's Website is constantly evolving to meet these demands.

If You have any comments or questions regarding this Privacy Policy, please contact legal@mymercurycard.com. While My Mercury Card cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.



I Definitions
As used in this Agreement, the following terms have the following meanings. As used in these Terms, the singular shall include the plural, and the plural the singular. The masculine and neuter shall each include the masculine, feminine and neuter, as the context requires. All captions are intended solely for convenience of reference and shall in no way limit any of the provisions of these Terms.

"Account" means the Account that is created at the time You signed up to be a Company Account Holder. Your Account will consist of one or more e-Wallets and may include additional Company Products, if purchased by You, or provided to you by another party and approved by the Company.

"Account Holder" means any entity or person who has an Account with the Company.

"Account-to-Account Service" or "A2A" means the Company Service that enables an Account Holder to make secure on-line payments and/or to transfer funds in his or her Account to another Account Holder electronically.

"ACH" and “Checks” and "Check-21" means a transfer of funds through the United States of America’s banking system, initiated by a Company Account Holder, to an Account at a bank in the United States of America.

"Sponsor Account" means a specific type of Business Account that is designated by Us that is governed by separate agreements between Us and the Sponsor Account owner.

"Sponsored Account" means an Account purchased by a Business Account on behalf of a third party.

"Business Account" means an Account designated by Us that is governed by separate agreements between Us and the Business Account owner.

"Card Organization" means Visa, MasterCard™, American Express and any other organization so designated by the Company, which provides their payment products to the Company for provision to its Account Holders.

"Card" means a physical Card Organization prepaid card that an Account Holder may be provided by Us for use at certain ATMs and retail merchants, which is linked to an Account Holder’s Account.

"e-Wallet" means a virtual electronic purse provided to each Account Holder and may be denominated in different currencies at the Company’s sole discretion.

"Day" means the twenty-four (24) hour period running from 12:00 a.m. British Time on a calendar day to 12:00 a.m. British Time on the next calendar day, unless otherwise specified.

"Direct Credit Transfer" means a transfer of funds, initiated by an Account Holder, to a MasterCard™ credit or debit card.

"High Risk Countries" means those countries designated by Us in Our sole and absolute discretion, which are listed on Our website. We reserve the right to add other countries to the list of High Risk Countries and if We do so, all rules in this Agreement pertaining to High Risk Countries will apply to those newly designated High Risk Countries. We also reserve the right to remove countries from the list of High Risk Countries, and if We do so, all rules in this Agreement pertaining to countries which are not designated High Risk Countries by Us will apply to the country that has been removed.

"Load Method" means all of the methods that the Company offers to enable You to load money from Your funds sources outside of the Company. These may include, but are not limited to, loads of funds by Credit Card / Debit Card purchases, transfers from Your bank Account and wire/telegraphic transfers.

"MasterCard™" means MasterCard™ Incorporated and any of its regional organizations.

"Products" means all Company tangible or intangible goods that are sold to the Company’s customers.

"Products and Services" means the Products and Services offered to Account Holders by the Company.

"Service" and/or "Services" means all Company functionality provided to You, including but not limited to the Account-to-Account Service.

"Security Code" means the three (3) or four (4) digit code that is provided to You when you obtain a Virtual-Card or is printed on the card when you obtain a Card.

"User ID" means the letters and characters chosen by an Account Holder, or assigned by the Company to identify an Account.

"UPayVerify" means Our proprietary identity authentication system.

"Virtual-Card" means a Card Organization card number, with no physical card provided, that is attached to an Account, which an Account Holder may purchase from Us.

"Visa" means Visa Incorporated and any of its regional organizations.

"We", "Us", and "Our" mean the Company, Our successors, affiliates and assigns.

"Withdrawal Method" means any of the methods offered by the Company, at our sole discretion, that allows Account Holders to move funds from their Account to an external Account.

"You" and "Your" means the entity or person who is purchasing, accepting or using the Company’s Products and/or Services.

II Eligible Users
Our Products and Services are sold or provided only to individuals who are of legal age and who are capable of forming legally binding contracts under applicable law. We may, in Our sole discretion, at any time, refuse to allow You to purchase, fund or use any of the Company’s Products or Services.
III Company Accounts. Products and Services

A. Company Accounts

An Account with the Company was opened for You at the time You purchased an Account, when an Account was purchased for You by another party, or when you were provided an Account in any other manner. Your Account consists of one or more e-Wallets and any other Company Product provided to or purchased by You. You may access Your Account using a unique User ID and password that You were asked to set up at the time You purchased or were provided Your Account, and the random Token printed on the Token Card that was provided to You.

We offer four (4) different types of Accounts: Business; Personal; Gift; and Affiliate, with different limits, rules, fees and restrictions. Please refer to the following sections of this Agreement for additional information about Your:

  • Standard Business Account: - Terms and Conditions for a Standard Business Account are provided in a separate Business Account agreement.
  • Sponsor Business Account: - Terms and Conditions for a Sponsor Business Account are provided in a separate Sponsor Account agreement.
  • Sponsored Account: - Part IV
  • Personal Account: - Part V

B. Company e-Wallet

When You signed up for an Account, or when You received an Account from another party, the Company provided one or more e-Wallets to You.

To use Your e-Wallet, You must sign on to your Account by entering Your User ID and password and the indicated Token from the Token Card. You can:

  • Load funds onto Your e-Wallet by loading methods provided by the Company;
  • Make Account-to-Account Transactions using Your e-Wallet;
  • Move funds to another e-Wallet that is linked to Your Account;
  • Move funds to and from any Card Organization product that is linked to Your Account;
  • And use funds from Your e-Wallet to purchase other Products and Services provided by the Company and/or our Merchant Community.

You may use the funds in Your e-Wallet to make purchases at Internet merchant websites wherever the Company logo is displayed. Additionally, You may withdraw funds from Your e-Wallet to withdrawal mechanisms provided by the Company including, but not limited to, bank/wire transfers. These Services will be subject to all applicable fees, as are posted on our website.

Your e-Wallets are designed to:

  • Enhance security and maximize the protection of Your funds; and
  • facilitate the use of Your funds within the Company’s environment.

By keeping funds in one or more of Your e-Wallets until You are ready to spend the funds, You can ensure that funds in Your Account are safe in the event that Your Card Organization products are compromised or Your Card is lost or stolen. Movement of funds between Your e-Wallets and any other Company Product that is linked to Your Account is instantaneous.

We neither accept nor assume any liability to ensure that goods or services that You purchase using Your e-Wallet from our Merchant Community are as advertised for sale or will meet Your satisfaction.

C. The Virtual-Card

You may have purchased a Virtual-Card at the time You purchased Your Account, or at any time thereafter. You may also have been provided a Virtual-Card by another party. Your Virtual-Card information was delivered to You electronically via the Internet immediately after the sign up process and You were provided specific information about Your Virtual-Card at that time. This included a card number, a Security Code, and the expiration date of Your Virtual-Card. A Virtual-Card is not a physical card.

Please note that funds that are in Your e-Wallets are not available when You use Your Virtual-Card until You have transferred the funds from one of Your e-Wallets to Your Virtual-Card.

Your Virtual-Card can be used at any Internet merchant website throughout the world that accepts the brand of Your Virtual-Card. To use Your Virtual-Card, provide the card number, the security code, if applicable, and the expiration date to the Internet merchant. We reserve the right in our sole discreton to prohibit acceptance of Your Virtual-Card at certain Internet merchant websites that accept the relevant Virtual-Card.

You may fund Your Virtual-Card with money in any one of Your e-Wallets. You may move funds from Your Virtual-Card to Your e-Wallet for extra security.

We neither accept nor assume any liability to ensure that goods or services that You purchase using Your Virtual-Card are as advertised for sale or will meet Your satisfaction.

D. The Card

You may purchase a Card at the time You purchased Your Account, or at any time thereafter. You may also have been provided a Card by another party. Please note that funds that are in any of Your e-Wallets or are on your Virtual-Card are not available when You use Your Card until You have transferred the funds from one or more of Your e-Wallets or Your Virtual-Card to Your Card.

If You have purchased a Card, or someone purchased a Card for You, We will mail Your Card to the address that was provided to Us. The Card will display Your name, a card number, a Security Code, and the expiration date of Your Card. Your Card’s card number will not be the same as Your Virtual-Card Number and they may have different expiration dates. Once You receive Your Card, You will be required to go onto Our website at www.mymercurycard.com to authenticate Yourself, activate Your Card, and create Your own Personal Identification Number ("PIN"). DO NOT KEEP YOUR PIN WRITTEN DOWN IN ANY LOCATION THAT MAY BE ACCESSED BY ANYONE NOT AUTHORIZED BY YOU.

Your Card can be used at any merchant worldwide that has the ability to accept cards with the same branding as Your Card. You can use Your Card by: (1) inserting Your Card into a Point-of-Sale (“POS”) terminal that reads EMV Chips and entering your PIN into the POS terminal; (2) inserting Your Card into a POS terminal that reads EMV Chips and signing the transaction receipt; (3) swiping the magnetic stripe on the Card, and either entering Your PIN on a PIN pad, or signing a transaction receipt. You may also be able to use Your Card at some merchants who will key Your Card number, expiration date and Security Code into a physical terminal. At some merchants in certain countries for certain transactions, Card Organization rules provide that You may not be required to either enter Your PIN or sign a transaction receipt. In both aforementioned cases, Your Card must be electronically authorized and You will be responsible for these transactions as if You had entered Your PIN or signed the transaction receipt.

Your Card can also be used to withdraw available funds from Your Account at any ATM bearing the same branding as Your Card by: (1) inserting Your Card into a Point-of-Sale (“POS”) terminal that reads EMV Chips and entering your PIN into the ATM; or (2) swiping the magnetic stripe on the card and entering Your PIN. Notwithstanding the above regarding acceptance of Your Card, We reserve the right to prohibit acceptance of Your Card at certain merchants and/or merchant categories and/or ATMs that generally accept Your Card, at Our sole discretion.

We neither accept nor assume any liability to ensure that goods or services that You purchase using Your Card are as advertised for sale or will meet Your satisfaction.

E. THE E-WALLETS, THE VIRTUAL-CARDS, AND THE CARDS ARE NOT CREDIT CARDS. NO INTEREST WILL BE PAID ON THE FUNDS YOU TRANSFER INTO YOUR ACCOUNT AND SUCH FUNDS ARE NOT INSURED BY THE COMPANY OR ANY GOVERNMENT AGENCY. ALL FUNDS YOU PLACE IN YOUR ACCOUNT WILL BE HELD IN EITHER YOUR E-WALLET, OR ON YOUR VIRTUAL ACCOUNT, OR YOUR PHYSICAL CARD ACCORDING TO YOUR PREFERENCE.

F. The Company Account-to-Account Service

Subject to the conditions and limitations in this Agreement, Our A2A Service can be used to effect secure, online Account-to-Account funds transfers over the Internet using the funds in Your e-Wallets. Funds transfers can be made electronically by You to other Account Holders, or by other Account Holders to You. If You are trying to transfer funds to another Account Holder and there are insufficient funds on Your e-Wallet, We will not complete the transaction. We reserve the right, in Our sole discretion, to limit the number and/or individual transaction value and/or accumulated value of A2A transactions and of any funds transfers You can make or receive daily or within any other period of time of Our choice from or to Your Account. All A2A transactions will be subject to Our A2A service fees.

We neither accept nor assume any liability to ensure that goods or services that You purchase through a A2A transaction using Your e-Wallet will meet Your satisfaction. Except as described in Part XIX We will take no action to resolve disputes between You or the recipient of Your A2A transaction.

IV Sponsored Accounts
"YOU" AND "YOUR" IN THIS PART IV REFERS TO THE SPONSORED ACCOUNT HOLDER, AND NOT THE PROVIDER/PURCHASER OF THE SPONSORED ACCOUNT.

A. Sponsored Account

Your Sponsored Account was created for You by a Sponsor Business Account. Your Sponsored Account includes one or more e-Wallets and may include a Virtual-Card, and a Card if purchased by You, or provided for You by a Sponsor Business Account. The Sponsored Account is for Your personal use and can be used to purchase goods and/or services and make withdrawals at ATMs as provided in this Agreement. Your e-Wallet and if applicable, Virtual-Card and Your Card are subject to the terms and conditions of this Agreement described in this Section A.

  • Account Purchases: The only Accounts You may purchase with Your Sponsored Account are Gift Card Accounts by a A2A transfer of funds from one or more of Your e-Wallets.
  • Loading of Funds: The initial load of funds to Your Sponsored Account was by an A2A transfer of funds from a Sponsor Business Account. Only funds from a Sponsor Business Account can be loaded onto Your Sponsored Account. All fund loads will be subject to all applicable fees as described on Our website.
  • Transfers of Funds:
    •         i. A2A Transfers. You may be required to wait three (3) days after You have received Your Sponsored Account before starting to make A2A transfers of funds. You may receive A2A transfers of funds from Sponsor Business Accounts, Standard Business Accounts, other Sponsored Accounts and Personal Accounts. You may transfer funds by A2A funds transfer only to other Sponsored Accounts, Personal Account and to Gift Card Accounts purchased by You.
    •         ii. Withdrawal of Funds. You may transfer funds from Your Sponsored Account to an external personal Account by any Withdrawal Method that the Company offers at that time, subject to the terms and conditions We have in effect at the time You request the transfer of funds. Some countries may not allow withdrawals of funds by a Withdrawal Method offered by the Company, and We have no control over the designation of those countries. You will not be allowed to make withdrawals to these countries by a Withdrawal Method offered by the Company that is allowed in other countries.
  • Usage Limits: The Usage Limits for Your Sponsored Account are listed on Our website.
  • Modification of Limits: Should You want to increase any of the above limits on Your Sponsored Account, You must provide a written request to Us. We reserve the right to approve or disapprove this limit change request at Our sole discretion.
  • Acceptance of Terms and Conditions: Your first use of Your Sponsored Account is Your acceptance of the Terms of this Agreement.

V Personal Accounts

A. Sponsored Account

A Personal Account is an Account purchased by an individual not located in a High Risk Country for personal use, which may be used to purchase goods and services and Gift Cards, and withdraw funds from ATMs as provided in this Agreement. Your Personal Account will consist of one or more e-Wallets and any other Product provided by the Company. Your Personal Account will be subject to the Terms of this Agreement described in this Section A.

  • Account Purchases: Subject to the Terms of this Agreement, You may purchase and/or load other Personal Accounts and Gift Card Accounts (see Part VI) by an A2A funds transfer using funds from one or more of Your e-Wallets.
  • Loading of Funds: You may load funds onto Your Personal Account using any of the Load Methods offered by the Company. Unless previously authorized by Us, the Load Method used to purchase and/or load Your e-Wallet or Virtual-Card cannot be used to purchase and/or load any other Account. We may require, at Our sole discretion that all purchase and funds load transactions effected on one of the Company’s Load Methods be authenticated by one or more of the following methods;
  • Transfers of Funds:
    • i. UPayVerify; or
    • ii. Our manual process which will require You to provide certain personal documentation, such documentation to be determined solely by Us. All loaded funds will be loaded directly onto one of Your e-Wallets.
  • 3. Funds Transfers:
    • i. A2A Transfers. You will be required to wait three (3) days after You have purchased Your Personal Account to make A2A transfers of funds to any other Personal Account, Gift Card Account, or Standard Affiliate Account.
    • ii. Withdrawal of Funds. You may transfer funds from Your Standard Personal Account to an external personal Account by any Withdrawal Method that the Company offers at that time, subject to the terms and conditions We have in effect at the time You request the transfer of funds. Some countries may not allow withdrawals of funds by a Withdrawal Method offered by the Company, and We have no control over the designation of those countries. You will not be allowed to make withdrawals to these countries by a Withdrawal Method offered by the Company that is allowed in other countries.
  • Usage Limits: The Usage Limits for Your Personal Account are listed on Our website.
  • Modification of Account Limits: Should You want to increase any of the above limits on Your Account, You will be required to provide additional personal documentation to Us as We may solely determine at the time of Your request. All limit increases will be subject to Our approval.

VI Protecting Your Account
AYour Account information, including information regarding Your e-Wallet, Your Virtual-Card number and Security Code and, if applicable, Your Card number, Security Code, and PIN, as well as Your Account User ID and password and Your Token Card, is important information which You agree to keep confidential in order to prevent others from using Your Account without Your authorization. Specifically, under this Agreement and for Your protection, You agree:

  • not to disclose Your Account User ID or password or, if applicable, Your PIN, and Your Token Card or otherwise make these available to any other person. If You do make these available to any other person, You will be deemed to have authorized that person to use Your Account; and,
  • not to use Your Card as a means of identifying Yourself to any other person; and,
  • not to disclose Your e-Wallet information, Your Virtual-Card and Card number(s) or Security Code(s), or otherwise make these available to any other person, unless You intend to make a purchase from that person or authorize that person to use Your Account. If You do make these available to any other person, You will be deemed to have authorized a transaction from that person and/or to have authorized that person to use Your Account; and,
  • to use Your e-Wallet, Virtual-Card, Card, Security Code(s), Account User ID and password and, PIN only in a manner authorized under the Terms of this Agreement; and,
  • to promptly notify Us of any loss, compromise or theft of Your Account, Your Virtual-Card and Card number(s), Security Code(s), Account User ID , password, Token Card and/or PIN; and,
  • that You will be liable for all transactions made by a person You authorize or permit to use Your e-Wallet, Virtual-Card and Card, Security Code(s), Account User ID or password, Token Card and/or PIN. If You permit someone else to use Your e-Wallet, Virtual-Card and Card, Account User ID or password, Token Card and/or PIN, You will be responsible for all transactions made by that person with the Virtual-Card and Card, and/or Your e-Wallet; and,
  • that any unauthorized person who obtains access to Your Card, Your Card number(s), Security Code(s), Account User ID and password, token Card and/or PIN may use the funds in Your Account up to the full balance in Your Account, and in such event, in the absence of any intentional or grossly negligent act by Us or Our representatives, We will not be responsible for or liable to You for use of any such funds.

YOU WILL NEVER BE ASKED BY US, WHETHER BY VIA EMAIL, REGULAR MAIL OR TELEPHONE, FOR ANY REASON, TO DISCLOSE YOUR ACCOUNT PASSWORD, TOKEN CARD TOKENS OR PIN. INQUIRIES BY US ASKING YOU TO PROVIDE YOUR ACCOUNT PASSWORD AND/OR TOKEN CARD AND/OR PIN WILL ONLY BE CONDUCTED ONLINE AND AFTER YOU HAVE SIGNED ONTO THE COMPANY WEBSITE. WE WILL NEVER SEND YOU AN EMAIL REQUESTING THAT YOU ACCESS THE COMPANY WEBSITE BY CLICKING ON AN EMBEDDED LINK IN THE EMAIL AND THEN REQUIRE YOU TO PROVIDE YOUR ACCOUNT PASSWORD, TOKEN CARD TOKEN AND/OR PIN. IF YOU RECEIVE SUCH AN EMBEDDED LINK, YOU ARE CAUTIONED NOT TO OPEN IT! IT IS NOT FROM US AND IS LIKELY FRAUDULENT.
VII Using Your Account
Each time You use Your Account, whether by using Your e-Wallet, Your Virtual-Card, or Your Card, or the Account-to-Account Service to make a purchase or transfer funds to another Account Holder, the amount of the transaction will be immediately deducted from Your Account balance. We will also deduct from Your Account balance all applicable Fees as specified below in Part XI. You are not allowed to exceed the funded balance in Your Account by any individual transaction or series of transactions.

Subject to the restrictions described in Parts IV through Part VI, You may add funds to Your Account by using any funding method that may be made available to You by Us. You may add funds by one of these methods to Your Account during relevant normal banking hours or twenty four (24) hours a day, seven (7) days a week, subject to any limitations We may place on Your Account, by going to Our website at www.mymercurycard.com. You are responsible for paying any applicable taxes on funds added to Your Account, which will be in addition to the Fees We may charge You as specified on Our website. Funds added to Your Account will become available for use immediately upon actual transfer subject to Parts IV.A.(3), IV.B.(3), V.A.(3), VI.A.(3), and VI.B.(3), except that funds added to Your Account by certain banking methods will not become available for Your use until the transfer clears Your bank or seven (7) business days, whichever is later. The minimum value that may be added to Your Account at any time is United States Dollars Twenty Five ($25.00) or Euros Twenty (€20.00). We reserve the right, in Our sole discretion, to change the minimum value and to set and change a maximum value that may be added to Your Account at any given time and without notification to You.

VIII Account Renewal
Your Account will automatically renew every thirty six (36) months. We will notify You about the renewal of Your Account at least once prior to renewal. We will charge Your Account all applicable fees, as set forth on Our website, upon each annual anniversary and upon renewal of Your Account.
IX Closing Your Account
A. Should You wish to close Your Account, You may do so on written notice to Us, and on such notice, all transactions on Your Account must be cleared, which could take up to thirty five (35) days. Once You notify Us of Your intention to close Your Account, You may withdraw any remaining funds in Your Account by either: (a) using Your Virtual-Card to purchase goods or services at any Internet merchant website worldwide that accepts cards bearing the logo of Your Virtual-Card; (b) using Your Card to purchase goods or services at any merchant worldwide that has the ability to accept cards bearing the logo of Your Card by swiping the magnetic stripe on the card and allowing You to either enter Your PIN on a PIN-pad or sign the transaction receipt or insetting Your Card into a Chip reader and entering Your PIN on the PIN-pad; (c) using the funds in Your e-Wallet on any internet merchant that accepts payments where the Company logo is displayed; or (d) using Your Card to withdraw funds at any ATM which accepts Your Card. You may also receive any remaining funds in Your Account by providing Us with a photocopy of a current, valid government-issued ID with Your picture on it. We will then return to You any funds remaining in Your Account less a $50 Funds Return Processing Fee which will be deducted from Your Account before such funds are returned to You. If, after You close Your Account, there are unused funds in Your Account, We reserve the right to charge Your closed Account with a Monthly Dormant Account Fee as described on Our website. Notwithstanding the above regarding acceptance of Your Virtual-Card or Your Card, We reserve the right, at Our absolute discretion, to prohibit acceptance of Your Card at certain merchants and/or classes of merchants.

B. We reserve the right at Our sole discretion to block access to or to close Your Account if: (i) You load funds onto Your Account from any source that You do not have the legal right from which to transfer funds; (ii) You violate the Terms of this Agreement; or (iii) We are so directed by the order of a court of competent jurisdiction. Should We close or block access to Your Account for the reason identified in this Section B(i) and/or this Section B(ii), You immediately forfeit the remaining funds in Your Account.
X Fees
The following Fee types apply to Accounts. Your Account may or may not attract any or all of these Fees depending on your Account type and they type of the relevant transaction. We will deduct these Fees directly from Your Account, the value of which are specified on Our website. You hereby authorize Us to deduct the Fees from Your Account balance without prior notice. We retain the right in Our sole discretion to add new Fees, remove Fees and/or change these Fees at any time. Should We change these Fees, we will publish the change on Our website and by providing a fee-change message in your Account Message Center. Your first use of Your Account after we provide notice of a Fee change is Your agreement to accept the Fee change. Should You desire not to accept the Fee change published do not use Your Account. You may then cancel Your Account according to the Terms of this Agreement

  • e-Wallet, Virtual-Card and Card Fees:
    •         e-Wallet Issuance Fee.
    •         Virtual-Card Issuance Fee.
    •         Virtual-Card Re-Issuance Fee.
    •         Card Issuance Fee.
    •         Card Re-Issuance Fee.
    •         Card Replacement Fee.
  • Company Account Service Fees:
    •         Account Load/Re-load Service Fee.
    •         Transaction Return Service Fee.
    •         Virtual-Card Annual Service Fee.
    •         Card Annual Service Fee.
    •         Account-to-Account Service Fee.
    •         Text Message Fee.
    •         Account Closing Service Fee.
    •         Funds Return Processing Fee.
    •         Monthly Dormant Account Processing Fee.
    •         ATM Fees.
    •         Wire Transfer Fee.
    •         Sponsored Account Purchase Fee.
    •         Funds Transfer Fee.
    •         Direct Credit Transfer Fee.
    •         Currency Conversion Fee.
    •         International Service Assessment Fee.
    •         Card Issuance Fee.

We reserve the right to change, modify or increase the above Fees and/or Account Service Fees from time to time without notice. Any such changes, modifications or increases will be effective upon posting such changes, modifications or increases in a revision to this Agreement on Our website at www.mymercurycard.com. If You do not agree to the posted changes, modifications or increases, You may close Your Account as provided above in Part X. Your first use of Our Products and Services following the posting of any changes or revisions to the Terms of this Agreement will constitute Your acceptance of all such changes or revisions.

If there are insufficient funds in Your Account to satisfy any Fees at the time any such Fee is assessed, We reserve the right to place a pending charge on Your Account and deduct such Fee when sufficient funds have been loaded onto Your Account. Unless otherwise expressly provided herein, no Fees hereunder are refundable at any time or for any reason.

XI Authorizations
Each time that You use Your Account the transaction will be electronically authorized to ensure that sufficient funds are available in Your Account.

A. Pending Authorizations

When You make a purchase at a merchant or a cash withdrawal from an ATM, We receive an authorization from the merchant or ATM provider which reduces the amount of funds in Your Account that are available to spend by the amount of the authorized purchase or ATM withdrawal. This is a pending authorization and it will remain on Your Account, reducing Your available funds, until one of the following events occurs: (i) a settlement transaction is received from the merchant or ATM that matches the pending authorization amount; (ii) up to thirty five (35) days have passed since the transaction date; or (iii) We are in receipt of an authorization release from the merchant or ATM owner which states that the merchant will not be processing a settlement transaction for the authorized amount. At this time, the pending authorization will be removed from Your Account. If a settlement transaction has been received from the merchant or the ATM, the exact amount of the purchase or ATM withdrawal will be debited from Your Account at that time.

B. Authorizations from an Automatic Fuel Dispenser

When You attempt a purchase at an unattended Automatic Fuel Dispenser ("AFD"), the transaction may automatically be denied even though You might have sufficient funds in Your Account. It also may automatically be authorized against Your Account for $75, provided You have at least $75 in Your Account. If You do not have $75 of available funds in Your Account, the transaction will be denied. If the transaction is authorized, the actual value of fuel that You purchase from the AFD will be debited from Your Account and the $75 authorization will be removed. If Your transaction is denied at the AFD, You may still be able to purchase an amount of fuel up to the amount You have remaining in Your Account, by making Your purchase through the attendant at the fueling facility.

C. Authorizations from a Restaurant

When You make a purchase at a restaurant, Your transaction will be authorized for the amount of the purchase and any applicable taxes, plus twenty percent (20%) of the purchase value, provided You have such amount in Your Account. When You complete Your purchase, the actual value of Your purchase (i.e. meal and any applicable taxes, plus tip) will be debited from Your Account and the prior authorization will be removed from Your Account at that time. If You do not have sufficient funds in Your Account, Your transaction will be denied at the time of the attempted authorization.

XII Online Company Account Statement
A statement of the balance and activity on and the status of Your Account is available to You in electronic format for viewing online anytime at www.Company.com. You may review online at any time all transactions that have taken place in the previous thirty (30) days. If You no longer consent to receive Your online Account statement electronically, We reserve the right to terminate and/or close Your Account as provided above in Part X. You may also call Our Account Holder Services Center at at the contact details on Our website to obtain information on Your Account.

XIII Failure to Complete Transactions
We accept no liability for failing to complete any transaction for which You have not loaded sufficient funds onto Your Account. We are not responsible if You do not have enough funds in Your Account to complete a particular transaction. If a transaction is denied because of insufficient funds in Your Account, You may access Our online services by visiting Our website at www.mymercurycard.com and load additional funds into Your Account. The fee for loading additional funds into Your Account is listed above in Part XI. If You are uncertain as to the exact balance available in Your Account, please review Your online Account statement at www.mymercurycard.com, or call Our Account Holder Services Center at the contact details on Our website to verify Your Account balance prior to attempting to make a transaction.

Neither We nor the Bank will have any liability whatsoever for the failure of any merchant or ATM owner to accept or honor Your Virtual-Card or Your Card.

XIV International Transactions

A. Transactions on Your Virtual Card or Your Card

The exchange rate between the transaction currency and Your billing currency that is used for processing international transactions is a rate selected by the Card Organization that provides Your Card from a range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate the Card Organization itself receives on the government-mandated rate in effect for the applicable central processing date.

A one percent (1%) International Service Assessment fee may be charged by the Card Organization that provides Your Card on all international transactions.

B. Transactions on Your Virtual Card or Your Card

We many provide You e-Wallets in different currencies. Should You desire to transfer funds between Your e-Wallets that are in different currencies, We will select a currency conversion rate. We will select a currency conversation rate that is negotiated between Us and the external company that provides Us with Our currency conversion services.

You will be assessed a Currency Conversion Fee on all e-Wallet to e-Wallet funds transfers that require a currency conversion.

XV Deposits. Returns and Refunds.
You agree to attempt to first settle all disputes concerning transactions You make using the funds in Your Account with the merchant(s), and/or ATM owner and/or individual(s) with whom You made those transactions. If You notify Us that You dispute a transaction and You have not first attempted to settle that dispute, We reserve the right to require You to first attempt to settle the dispute before We will take any action on Your behalf. If You want Us to attempt to resolve the dispute (and providing You have first attempted to resolve the dispute Yourself), You must notify Us within sixty (60) days of the transaction date of the disputed transaction that You have not resolved Yourself. If We do not receive notification within sixty (60) days of the transaction date, We will not attempt to resolve the dispute. If We receive notification within the sixty (60) day time period, We will attempt to resolve the dispute with the merchant(s), and/or ATM owner and/or individual(s), in accordance with the relevant International regulations in force at the time of Your transaction.

If You are entitled to a refund for any reason for goods or services obtained with funds in Your Account, You agree to accept credits to Your Account as the only method of refund. We accept no liability to ensure that goods or services that You purchase through any transaction will meet Your satisfaction.

You are responsible for all transactions made on Your Account, except as otherwise provided in this Agreement. Should Your Account develop a negative balance due to delayed or erroneous posting of any transaction due to processing or operational errors, Company reserves the absolute right to make a charge or charges to Your loading payment mechanism in order to bring Your Account to a zero ($0) balance.

XVI Loss of Unauthorized Use of Your Account
YOU ARE RESONSIBLE FOR ALL USES OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOUR ACCOUNT IS NOT A CREDIT CARD ACCOUNT AND IS NOT PROTECTED BY LAWS COVERING CREDIT CARDS SUCH AS THE UNITED STATES FEDERAL TRUTH IN LENDING ACT.

If You believe that any of Your Card(s), Your Account User ID or password or Your PIN have been lost or stolen, or that someone has used any of Your Card(s), Your Account User ID or password or Your PIN without Your permission, notify Us immediately by using Our online services at or call Us at www.mymercurycard.com. Once You notify Us that any of Your Virtual Accounts, Your Card(s), Your Account User ID or password or Your PIN have been lost or stolen, or that someone has used any of Your Card(s), Your Account User ID or password or Your PIN without Your permission, We reserve the right to block or close Your Account as provided above in Part X. You are responsible for any transactions made with the funds in Your Account prior to the time We receive Your notification.

XVII Questions Relating to Your Company Account. How to Dispute Errors.
If You need more information about a transaction shown on Your online Account statement, or if You think there is an error on Your online Account statement, You may contact Us via email atdisputes@mymercurycard.com or call Our Account Holder Services Center at at the contact details on Our website. You may also write to Us at: MY MERCURY PAYMENT LIMITED, 71-75 SHELTON STREET COVENT GARDEN LONDON WC2H 9JQ.

When You contact Us for more information about a particular transaction shown on Your online Account statement, You must provide Us the following information:

  • Your name and Your Virtual-Card number and/or Card number.
  • The name of the merchant as it appears in Your online Account statement.
  • A description of the error or the transaction You are unsure about and an explanation of why You believe it is an error or why You need more information in order to identify the transaction.
  • The US Dollar amount of the transaction in question
  • The date of the transaction.

NEVER GIVE YOUR ACCOUNT PASSWORD OR PIN TO ANYONE WHOM YOU DO NOT INTEND TO AUTHORIZE TO USE YOUR ACCOUNT.

We will promptly investigate Your complaint or question and will correct any error made by Us.

XVIII Dispute Resolutions

A2A Transactions.

  • A2A TRANSACTIONS ARE LIKE SENDING CASH. We are not liable for any A2A transaction unless it is determined in Our sole discretion that an error had been made by Our systems.
  • If You believe that a problem has occurred with a A2A transaction that You originated, You must contact Us in writing no later than sixty (60) days after the transaction date.
  • We will not be involved in A2A disputes due to non-receipt of or dissatisfaction with purchased merchandise / services unless We have determined, at Our sole discretion, that the recipient has demonstrated fraudulent use of A2A transactions. Should We determine that possible fraudulent use has occurred, We will investigate the transaction and attempt to recover the sender’s funds from the recipient. If We are able to recover the sender’s funds, We will credit the recovered funds back to the sender’s Account. If We are unable to recover the sender’s funds from the recipient, We assume no liability for the sender’s funds. The sender must resolve the dispute with the recipient.
  • If the sender believes that he mistakenly sent funds to the wrong Account, We will inform the recipient that the funds were sent in error, and that a dispute has been received from the sender. Within forty eight (48) hours of notification to the recipient, if the recipient agrees that the A2A transaction was made in error, and the funds are still available in the recipient’s Account, We will refund the available funds to the sender. If no funds are available in the recipient’s Account, or the recipient disputes the sender's claim, We will not be further involved in resolving the dispute. The sender must resolve the dispute with the recipient.
  • Should a recipient of a A2A transfer of funds notify Us of funds received in error, We will immediately refund the available funds to the sender.
  • Should We determine in Our sole discretion that an Account Holder has received funds through fraudulent A2A transfers, We will attempt to recoup the funds and will refund all recovered funds to the recipients.

XIX Privacy
The circumstances under which We will disclose information about You and/or Your Account are fully described in Our Privacy Policy, which You may view anytime on Our website at www.mymercurycard.com. We may modify Our Privacy Policy at any time in the future. Subject to any applicable financial privacy laws or other laws or regulations, We may provide information about You and/or Your Account: (1) when required by law; (2) in compliance with any agreement between Us and a professional, regulatory or disciplinary body; (3) to enforce Our agreement(s) with You; (4) in connection with potential sales of business; and (5) to carefully selected service providers who help Us meet Your needs by providing or offering Our services.
XX Release from Third Party Liability
1. Except as specifically provided in this Agreement, neither We nor the Bank will be liable for any loss or liability resulting in whole or in part from any act or failure to act of Your computer equipment or software, or that of an Internet service provider, an Internet access provider, an online service provider or an agent or subcontractor of any of them. Further, neither We nor the Bank will be responsible or liable for any indirect, special or consequential, economic or other damages arising in any way out of or related to the use of Your Account.

2. The total cumulative liability of Us and the Bank to You for any direct damages arising in any way out of or related to Your use of Your Account shall be limited to the total amount of funds in Your Account at the time of the loss sustained by You.

XXI Change of Terms. Notices
Except as otherwise provided by law, We may at any time change the Terms of this Agreement or any policies or terms of service governing use of Your Account, including without limitation, changing or increasing fees. Any changes will be effective upon posting the changes or revisions on Our web site atwww.mymercurycard.com. If You do not agree to the posted changes or revisions, You may terminate and/or close Your Account as provided above in Part X. Your first use of Our Products and Services following the posting of any changes or revisions to the terms of this Agreement will constitute Your acceptance of changes or revisions.

By entering into this Agreement and using Our Products and Services, You agree to receive notice of changes or revisions to this Agreement electronically rather than on paper.

XXII General Provisions
This Agreement is entered into in the country of the United Kingdom ("United Kingdom"). This Agreement and any dispute between You and Us arising out of or related hereto, except for allegations that You have infringed or have threatened to infringe Our intellectual property rights, shall be exclusively governed by and subject to the laws of the United Kingdom without regard to any principles of conflicts of laws thereof, whether or not Your Account or any Cards associated therewith are used outside of the United Kingdom. Venue for any suit or claim arising out of or related hereto, except for allegations that You have infringed or have threatened to infringe Our intellectual property rights, shall exclusively be in the courts of the United Kingdom, and by entering into this Agreement You irrevocably consent to the personal jurisdiction of the courts of the United Kingdom. If We allege that You have infringed or have threatened to infringe Our intellectual property rights, then in addition to any other rights and remedies We may have, We may seek preliminary or permanent injunctive relief from any court of competent jurisdiction, and any such claims shall be governed by the laws of the United Kingdom, without regard for any principles of conflicts of laws thereof. Any claim that You seek to initiate arising out of or related to this Agreement must be brought within one year of the event giving rise to the claim.

You may not assign Your obligations under this Agreement. We may assign or delegate all or certain of Our rights and responsibilities under this Agreement to independent contractors or other third parties.

All Cards associated with Your Account remain the property of the Bank. We may terminate Your right to use such Cards and/or Your Account at any time as provided as provided in this Agreement. You may cancel this Agreement by notifying Us as provided above in Part X. Your termination of this Agreement will not affect any of Our rights or Your obligations arising under this Agreement prior to termination. We reserve the right in Our absolute discretion to issue You a card from a different bank and move the funds from Your Card to this card. You will not be charged any additional fees for this new card and, at minimum, this card will provide You with all of the functionality on Your old Card.

Use of all Cards associated with Your Account is subject to all applicable rules and customs of any clearinghouse or other association involved in processing transactions.

We are not Your agent, fiduciary, trustee or other representative. Nothing expressed in, mentioned in or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of You and Us.

We do not give up Our rights by delaying or failing to exercise them at any time.

If any term of this Agreement is found by a court of competent jurisdiction to be illegal or not enforceable, all other Terms will remain in effect.

If We take legal action against You because of default in the terms of this Agreement, You must pay reasonable attorneys’ fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.

Neither We nor the Bank will be liable for the failure of Us or the Bank to perform any obligations under this Agreement due to events beyond Our control and/or the control of the Bank, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond Our control and/or the control of the Bank include, but are not limited to, acts of God, war, civil commotion, labor disputes, equipment failures, bank failures, Card Association failures, strikes, fire, flood, earthquake or other casualty, shortages of labor or material, government regulation or restriction, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, disruptions on Account of or caused by vandalism, theft, phone service outages, Internet disruptions, viruses, and mechanical, power or communications failures. If, after the date of this Agreement, any law, regulation, rule, regulation or decision of or of any other funding method association, or ordinance, whether federal, state, or local, becomes effective which substantially alters Our ability to perform services hereunder, We shall have the right to cancel this Agreement, with notice, if reasonably possible, effective upon the earlier of (i) the date upon which We are unable to provide Our customary services hereunder, or (ii) 30 days following notice.

If Our Products or Services or any Account are to be issued to or used by any business, We reserve the right to vary and/or add to these terms and conditions as We may in Our sole discretion consider appropriate. Any such variations to these term and conditions will be contained in the Business Account Agreement executed between Us and the business.

Your Account, the funds in Your Account, all Card(s) associated with Your Account, and all of Our Products and Services shall not be used as payment for an illegal transaction or for any other illegal purpose. Should We suspect that Your Account, the funds in Your Account, any Card(s) associated with Your Account, or any of Our Products and Services have been, are being, or may be used as payment for an illegal purchase or for any other illegal purpose, or We find or suspect that the government-issued IDs or other documents You have submitted to Us are false, illegally obtained, fraudulent, or otherwise altered, then We shall have the right, in Our sole discretion, to terminate and/or close Your Account immediately, report any and all relevant or potentially relevant information to the appropriate governmental authorities, revoke any funds transfers made using Our A2A Service and recover any and all funds which were illegally or fraudulently obtained and/or used.

Company Electronic Disclosure Consent

You must read and agree to the following Company Electronic Disclosure Consent permitting Us to send You important information relating to Your Account electronically. When You have carefully read this disclosure, give Your consent by selecting the "I agree" button at the bottom of the page. If You do not accept these Terms You will not be able to purchase an Account, obtain an e-Wallet, a Virtual-Card, or purchase a Card, and You will be returned to Our home page.

By giving Your consent below, You agree that We will provide You with all disclosures, notices and other communications relating to Your Account, including the terms and conditions of this Agreement governing Your use of Our Products and Services, Our Privacy Policy, any future amendments, correspondence and communications concerning this Agreement and Your Account and any other notices that may be legally required to be provided to You, in electronic form by posting the change(s) on Our website at www.mymercurycard.com.

You have the right to withdraw this consent, but if You do, We will immediately terminate Your Virtual-Card and/or Your Card and close Your Account. To withdraw Your consent, please contact Us by using Our online services at www.mymercurycard.com or call Us at at the contact details on Our website. Your Account will be subject to an Account Closing Service Fee as specified herein if Your Account is closed and there are unused funds in the Account.

If You would like more information about Our Privacy Policy, You can review Our Privacy Policy for Consumers.

By selecting "I Accept" below, I understand and affirm that:

  • I am over the age of eighteen (18) years
  • I agree to the Terms and Conditions
  • I acknowledge receipt of the Privacy Policy for Consumersformation in order to identify the transaction.
  • I consent to receive disclosures in electronic form in connection with My use of the Account, including the e-Wallet, and (if applicable) the Virtual-Card and the Card.