TERMS AND CONDITIONS

DEFINITIONS

Accepted Jurisdiction
has the meaning given to this term in Clause 6.7.

Agreement
means the VIABUY order from which you have filled in relation to a Prepaid Product, these
Terms and Conditions, the Fee Schedule and any further schedules or appendices that We
may draft from time to time.

Account
means an electronic money account issued by Us to You.

Business Day
means any day other than a Saturday, a Sunday or an official public or bank holiday within
the Single European Payments Area (SEPA).

Card
means any Payment Scheme branded payment instrument that may be issued by Us to You
in conjunction with Your Account.

CET
means Central European Time.

Dock Financial
means Dock Financial S.A., a public company limited by shares (société anonyme) incorporated
and existing under the laws of the Grand Duchy of Luxembourg, authorized as electronic money
institution by CSSF under reference number W 00000011 and authorised to carry out its
activities in all Member States of the EEA, having its registered address at 110, Route d’Arlon, L -
1150 Luxembourg, The Grand Duchy of Luxembourg and registered with the Luxembourg Trade
and Companies’ Register under the number B 215831

CSSF
means Commission de Surveillance du Secteur Financier, the Luxembourg Financial Sector
Supervisory Commission.

Customer Service
means the service team that will handle and process Your enquiries relating to the use of
Your Prepaid Product, contact details of which are set out in Art. 19 of these Terms and
Conditions.

EEA
means European Economic Area

Expiry Date
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means the date as indicated on Your Card and on which Your Card will cease to work.

Fee Schedule
has the meaning given to this term in Clause 4.1 of these Terms and Conditions

GDPR
means Regulation (EU) 2016/679, the General Data Protection Regulation

IBAN
means a specific number that is assigned to Your Account and that You can use when making
or receiving payments subject to section 2.3. At all times it is at Our sole discretion as to
whether or not a Prepaid Product is issued with an IBAN and We may change or revoke the
assignment of an IBAN to Your Account at any time.

Payment Scheme
means the owner of a card scheme including but not limited to the Mastercard International
Incorporated organization.

Person
means a natural person, or a corporate or unincorporated body (whether or not having
separate legal personality) and that person‘s legal and personal representatives, successors
and permitted assigns.

Prepaid Product
means an Account or a Card.

Term
has the meaning given to this term in Art. 8 of these Terms and Conditions.

3D Secure
means a method for authenticating a cardholder addressing the requirements of the European
Directive 2015/2366 of 25 November 2015 (“PSD 2”) and the Commission Delegated
Regulation EU 2018/389 of 27 November 2017 (the “RTS”) in respect of strong customer
authentication. Also referred to as „Mastercard® Identity Check™“ or „Mastercard®
SecureCode™“, this method is used to verify a cardholder’s identity during a transaction to
help avoid unauthorised transactions.

We, Us or Our
means Dock Financial.

Website
means the set of web pages and/or mobile phone applications (APPs) relating to Your
Prepaid Product that is set out in Art. 19 of these Terms and Conditions and accessible via
the internet.

You or Your
refers to the Person who has accepted these Terms and Conditions.

1. INFORMATION ON WHO WE ARE AND THESE TERMS AND CONDITIONS

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1.1. This document sets out the general terms and conditions that apply to Your Prepaid
Product and forms an agreement between You and Us governing the possession and use
of Your Prepaid Product. Before ordering a Prepaid Product, You will be required to
accept and agree to these Terms and Conditions and to the Fee Schedule. By submitting
Your order for a Prepaid Product you indicate to Us that You have accepted and agreed
to these Terms and Conditions and the Fee Schedule. Following Your order for a Prepaid
Product We will send a confirmation email to the email address You provide us during
registration that marks the start of the Agreement between You and Us.

1.2. Cards are issued by Us pursuant to a license from the respective Payment Scheme. We
are regulated and authorised by the CSSF. At all times Cards remain Our property.

1.3. This Agreement and all communications between Us and You shall be in the English
language unless You indicate to Us that You would prefer communications to be in an
alternative language that We support. Correspondence relating to the use of Your
Prepaid Product or these Terms and Conditions may be sent to Us at Dock Financial
S.A., 110, Route d’Arlon, L-1150 Luxembourg, Luxembourg.

1.4. In some cases, Your Prepaid Product or the electronic money on Your Prepaid Product
may be distributed by a commercial third party. While such a commercial third party
may distribute the Prepaid Product or the electronic money on Your Prepaid Product,
this Agreement is separate and distinct from any agreement You may have with such a
commercial third party. We are not liable whatsoever for any dealings You may have
with commercial third parties including third party financial institutions and You
indemnify Us completely from any claims and against all liabilities, costs, expenses,
damages and losses (including any direct, indirect or consequential losses, loss of profit,
loss of reputation and all interest, penalties and legal and other reasonable professional
costs and expenses) suffered or incurred by You that may arise out of or in connection
with such relationships.

2. PREPAID PRODUCTS

2.1. Your Prepaid Product is a prepaid payment instrument which may be used to pay for
goods and services at participating retailers that accept online Account payments or
Payment Scheme branded Cards subject to there being sufficient funds on Your Account.
As with any payment instrument, We cannot guarantee that a particular retailer will
accept Your Prepaid Product – please check with the retailer before attempting the
transaction if You are unsure.

2.2. Your Card is not a credit card and is not in any way connected to a bank account. You
must ensure that you have sufficient funds on Your Account to pay for each purchase,
payment or cash withdrawal using Your Prepaid Product. Your Card is intended for use
as a means of payment, and funds loaded onto Your Account do not constitute a deposit.
You will not earn interest on the balance of Your Account.

2.3. In some cases a Prepaid Product may be issued to You with a virtual IBAN, enabling you
access to additional features associated with a payment account. A virtual IBAN is only
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 related to Your Account and does not mean that You have a private bank account with
us. At all times it is at our sole discretion whether or not a Prepaid Product will be issued
to You with a virtual IBAN. We reserve the right at all times to change or revoke the
assignment of an IBAN to Your Prepaid Product at any time and such a revocation is not
considered to be a change to these Terms and Conditions. For further details please visit
the Website or contact Customer Service.

2.4. When You receive Your Prepaid Product, it may be issued to You in an inactive state. If
so, You will need to comply with Our instructions for activation of the Prepaid Product
prior to use otherwise any transactions that You attempt to carry out may be declined.

3. IDENTIFICATION REQUIRED FOR PURCHASE OF PREPAID PRODUCTS

3.1. As the Prepaid Product is a regulated financial services product, We are required by law
to hold certain information about You. We use this information to administer Your
Account, and to help Us identify You and Your Account in the event that Your Card or
Account details are lost or stolen. We only keep this information as long as is necessary
and for the purposes described. Please see section 15 for more information.

3.2. In order to obtain a Prepaid Product, You must be at least 18 years old unless We provide
You notification otherwise. We may require evidence of who You are and of Your
address. We may ask You to provide some documentary evidence to prove this and/or
We may carry out checks on You electronically.

3.3. When We carry 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.

3.4. Your acceptance of these Terms and Conditions will indicate to Us that You consent to
the checks described in these Terms and Conditions and the VIABUY order form being
undertaken.

3.5. All information You provide to Us during the order process for a Prepaid Product or any
time thereafter must be accurate and truthful. You must ensure that the information
You provide Us or that is otherwise held in Your Account is always accurate and up to
date and We shall not be liable for any loss arising out of Your failure to do so. We
reserve the right to ask You at any time to confirm the accuracy of Your information or
to provide documents or other evidence in order to verify the information You have
provided Us.

4. FEES AND CHARGES

4.1. The fees and charges are set out in a fee schedule (the “Fee Schedule”). This Fee
Schedule is available on our Website. When an order and/or transaction in relation to a
Prepaid Product is made, You are, in all cases, deemed to be aware of and to have
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 accepted Our Fee Schedule. The Fee Schedule may be modified by Us during the term
of the Agreement in accordance with Art. 16.1 of these Terms and Conditions. Unless
otherwise indicated, all fees and charges shall become applicable as of the date We send
an order confirmation email to the email address You provide us during registration.

4.2. Fees payable by You will be deducted from Your Account balance and You hereby
authorise us to do the same. Transaction fees will be charged when the transaction is
executed. If Your Account balance is insufficient to cover the fees, We may refuse to
execute the payment. Reversal or chargeback fees will be deducted when incurred.

4.3. If the deduction of fees results in a negative Account balance, You will be required to
repay such negative balance by loading sufficient funds into Your Account. Failure to do
so is a breach of these Terms and Conditions. Repayment of the negative balance is due
immediately without notice, however, We reserve the right at any time to send You
reminders that You need to load funds or to take other debt collection measures
including but not limited to instructing a debt collection agency or solicitors or to pursue
the claim in court. We reserve the right to charge You expenses We have reasonably
incurred in connection with any debt collection or enforcement efforts.

4.4. Upon Your termination of this Agreement, in certain circumstances You may be owed a
proportional refund of those fees and charges that are levied by Us on a regular ongoing
basis and paid by You in advance. We will reimburse You such fees upon Your
termination of this Agreement subject at all times to You having fully paid any
outstanding fees owed to Us and Your Account not holding a negative balance.

5. HOW TO USE THE PREPAID PRODUCT

5.1. A Prepaid Product may only be used by the Person to whom the Prepaid Product was
issued. Prepaid Products are otherwise non-transferable, and You are not permitted to
allow other Persons to use Your Prepaid Product, for example by disclosing Your PIN or
allowing them to use Your Card or Account details to purchase goods via the Internet. If
Your Prepaid Product includes the use of a Payment Scheme branded payment card,
prior to use of the payment card, You must sign the signature stripe located on the back.

5.2. You may expressly grant, remove and manage permissions for some third parties to take
certain actions on Your behalf. In some cases, You can do this by logging into Your
Account, in other cases You can do this directly with the third party. You acknowledge
that if You grant permission for a third party to take actions on Your behalf, We may
disclose certain information about Your Account to this third party. If You permit either:
5.2.1. a third-party service provider licensed by applicable law to provide account
information services (“AIS Provider”) to access information about Your Account
on Your behalf; or
5.2.2. a third party card issuer to confirm whether an amount necessary for the
execution of a card-based payment transaction is available on Your Account; or

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 5.2.3. a third party service provider licensed by law to provide payment initiation
services (“PIS Provider”) to initiate Your payment on Your behalf;
then this Agreement will still apply to You and Your access to that information using
the AIS Provider or card issuer and Your payment initiated by the PIS Provider.

5.3. We will be entitled to assume that a transaction was authorised by You (i) where the
magnetic stripe on Your Card was swiped; or (ii) the Card was placed in front of a
contactless terminal to execute a payment; or (iii) the Card was inserted into a chip &
PIN device; or (iv) the Card PIN was entered; or (v) a sales slip was signed; or (vi) relevant
Account information was supplied to the retailer that allows them to process the
transaction in the case of an Internet or other non-face-to-face transaction; or (vii) a
transfer or card-to-card transfer was initiated in Your login area. This authorisation also
contains Your explicit consent that We retrieve (from our database), process, transmit
and store Your personal data necessary for the execution of the transfer.

5.4. Each Card is automatically registered for 3D Secure.

5.4.1. Authentication by 3D Secure can be done either through an APP or by using an
smsTAN procedure via your registered mobile phone. We reserve the right to
offer further authentication procedures or to deactivate existing procedures.
5.4.2. In order to authenticate Yourself with an smsTAN using 3D Secure, You must
have activated Your Card and You must have verified Your mobile phone
number. If an authentication by 3D Secure is required during a payment
transaction, You will receive an SMS with an smsTAN generated for each such
transaction to the mobile phone number registered with Us. The smsTAN is
valid for five minutes after transmission. If it is not used during this period, it
automatically becomes invalid. The same applies if You request a new smsTAN.
As part of the payment process, You are asked to enter the smsTAN on a
confirmation page. You authenticate Yourself by entering the received smsTAN
and correctly answering the security question, if any.
5.4.3. In order to authenticate Yourself with the APP using 3D Secure, You must have
installed it on Your mobile device. If authentication by 3D Secure is required
during a payment process, You will receive a notification on Your mobile device.
When You then open the APP, a confirmation page with the transaction details
is displayed. Authentication takes place by selecting the "confirm" button on
this confirmation page and activating the biometric authentication capabilities
of the mobile device.
5.4.4. You are obliged to check if the transaction details displayed during the
authentication by 3D Secure match the transaction You intend to make. In case
of any discrepancies, You must abort the transaction immediately.
5.4.5. It is Your responsibility to protect Your mobile device from unauthorized access
by applying appropriate security measures for example by implementing a
password-protected access lock. Failure to apply appropriate security measures
may be treated as gross negligence and may affect Your ability to claim any
losses.
5.4.6. We are entitled to refuse execution of an online Card transaction if You do not
carry out the intended authentication by 3D Secure. We reserve the right to

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 classify certain transactions as low-risk and may waive the requirement for
authentication by 3D Secure for such transactions.
5.4.7. We may block the Card used for 3D Secure if this is justified for objective
reasons in connection with the security of the 3D Secure service or if there is a
suspicion of fraudulent use of the 3D Secure service. You should contact
Customer Service to have the block lifted.
5.4.8. We are entitled to engage third-party service providers to process the 3D
Secure service within the scope of this Agreement. We provide these third-
party service providers with Your personal data (e.g. mobile number) solely
within the scope of and for the purpose of this Agreement.

5.5. Once We have received Your instruction to proceed with a transaction, the transaction
cannot be stopped or revoked. Once We have received Your payment instructions, We
will make payments within a specified time period. We calculate that time from the date
We receive your instruction and not the time You send it. Instructions which are not
received on a Business Day will be deemed to have been received on the next Business
Day. We will deduct the value of the transaction, plus any applicable fees and charges
from the remaining balance of Your Account. The retailer or service provider that has
accepted Your Prepaid Product for payment will normally receive payment within 5
Business Days.

5.6. Under normal circumstances, if any payment is attempted that exceeds the remaining
value on Your Account, the transaction will be declined. However in certain
circumstances, a transaction may take Your Account into a negative balance. We will
deal with such instances on a case by case basis, but where there is an outstanding
shortfall on the balance, You will be held wholly responsible for paying the outstanding
amount. You agree to pay Us the outstanding amount immediately on demand and
authorise Us to automatically debit such outstanding amount plus associated fees and
costs from any top-ups You subsequently make to Your Account. Until Your Account is
in good standing, We may restrict or suspend the use of Your Prepaid Product.

5.7. Under no circumstances whatsoever are You permitted to use Your Prepaid Product for
the purposes of obtaining a cash advance or any other form of credit from Us. In
circumstances where a loading transaction is authorised onto Your Account but We do
not receive the funds associated with the Account load, You will be required to pay Us
the outstanding amount associated with the Account load. If You do not comply with
Our request in a reasonable amount of time, We may engage external parties to recover
the outstanding amount from You or further pursue the matter in a court of law and You
will be held responsible for any associated costs thereof.

5.8. If You use Your Prepaid Product for a transaction in a currency other than the currency
that the Prepaid Product is denominated in, the transaction will be converted to the
currency that the Prepaid Product is denominated in by the Payment Scheme network
at a rate set by the respective Payment Scheme. The exchange rate varies throughout
the day and is not set by Us; therefore We are not responsible for and cannot guarantee
You will receive a favourable exchange rate. You can ask Us for information about the
exchange rate used after the transaction has been completed by contacting Customer
Service.

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5.9. Normally, We will be able to support transactions 24 hours per day, 365 days per year.
However, We cannot guarantee this will be the case, and in certain circumstances – for
example a serious technical problem – We may be unable to receive or complete
transactions.

6. RESTRICTIONS ON USE OF PREPAID PRODUCTS

6.1. Your Card is not linked to a depository account or any other type of banking facility and
it may not be used as evidence of identity.

6.2. In certain sectors, merchants such as car hire companies, hotels and other service
providers will estimate the sum of money You may spend or for which You require
authorisation. The estimate may be for more than the amount You spend or are charged.
This means that some of the funds on Your Account may be held for up to 45 days and
accordingly, You will not be able to spend this sum during this period. We cannot release
such sum without authorisation from the merchant or service provider. You are not
allowed to use Your Prepaid Product in situations where it is not possible for the
merchant or service provider to obtain online authorisation from Us that You have
sufficient balance for the Transaction. For example: transactions on trains, ships and
some in-flight purchases.

6.3. You are not permitted to use Your Account to aggregate payments for what we deem to
be commercial purposes unless we explicitly provide you notice to the contrary. In
particular, if Your Account receives loads from more than 5 third party money senders
in any given 90 day period, We consider such use to be outside the scope of normal use
of the Account. In such circumstances use of Your Account may be restricted and We
reserve the right to terminate Our relationship with You immediately.

6.4. Without prejudice to section 6.3, it is strictly forbidden to send or receive payments from
or to the Prepaid Product for any goods or services that are associated with or that we
deem may facilitate illegal activities; or for any material which incites violence, hatred,
racism; or for any material which is considered immoral or obscene; or for unregistered
charity services, Ponzi schemes, or high yield investment programmes.

6.5. We reserve the right, in Our sole discretion, to add categories of prohibited transactions
by adding such categories to these Terms and Conditions and notifying You thereof.

6.6. Use of a Prepaid Product may further be restricted without notice if suspicious,
fraudulent, high risk or illegal activities are identified or suspected, if We believe You
have not complied with these Terms and Conditions, or in the event of exceptional
circumstances which prohibit the normal operation of the Prepaid Product.

6.7. Pursuant to our regulatory obligations We reserve the right at all times to decline
applications from certain jurisdictions. During the Prepaid Product application process
You will be informed of which jurisdictions we accept applications from (“Accepted
Jurisdiction”). It is your responsibility to ensure that you do not use our services if You
reside in a jurisdiction that is not an Accepted Jurisdiction. Should We become aware

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 8
 at any stage that You reside in a jurisdiction that is not an Accepted Jurisdiction, We
reserve the right to suspend and/or close Your Account and terminate this Agreement.

7. MANAGING YOUR PREPAID PRODUCT

You can check the balance of Your Account and view a statement of Your Account activity by
visiting the Website and logging in with Your credentials. Your statement will show the funds
You have loaded onto Your Account and all amounts (transactions, withdrawals and fees)
charged to it. Your statement is updated regularly and at least on a daily basis. We do not
provide paper statements. Additionally, You may request Us to send You a convenience
notification for every transaction by email or text message (SMS) by activating this feature in
Your login area. Please be aware that certain fees may apply as detailed in the Fee Schedule.

8. TERM AND TERMINATION OF THE AGREEMENT

8.1. This Agreement shall be deemed to have come into effect on the date We send an order
confirmation email to the email address You provide Us during registration. This
Agreement shall last for a period of 2 (two) years. If the Agreement is not terminated
according to the Terms and Conditions before the end of this 2 (two) year period, on the
final day of this 2 (two) year period the Agreement will be automatically renewed for a
further year.

8.2. Regardless of the Term, Your Card will expire on the Expiry Date. On that date, the Card
will cease to function and although You will not be able to use the expired Card You are
entitled to be issued a new Card by Us. Additionally, We reserve the right to exchange
the Card for a new one during the Card’s period of validity. You shall incur no costs as a
result.

8.3. Unless We or You terminate the Agreement prior to the end of the Term, these Terms
and Conditions will automatically renew and be applicable for the duration of the
renewed Term.

8.4. Notwithstanding the above, You may terminate this Agreement at any time (and thereby
relinquish access to Your Prepaid Product) by providing thirty (30) days prior notice by
writing or emailing and informing Us of Your decision.

8.5. If You terminate this Agreement after 21 days from the day the order confirmation email
is sent and pursuant to section 9.3 You request Us to transfer Your remaining Account
balance, You will be charged a Redemption Fee as provided for in the Fee Schedule. We
will not redeem the funds on Your Prepaid Product if You send Us a request for a
redemption of Your Account balance more than 6 years after the date Your right to use
Your Prepaid Product to make payment transactions ceases e.g. 6 years after the
Termination of this Agreement.

9. WITHDRAWAL, TERMINATION AND REDEMPTION PROCEDURE

9.1. Information concerning the exercise of the right of withdrawal:

9.1.1. RIGHT OF WITHDRAWAL: You have the right to withdraw from this contract
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 within 21 days without giving any reason. The withdrawal period will expire
after 21 days from the day the email is sent which confirms that We are entering
into this Agreement with You and opening Your Account. To exercise the right
of withdrawal, You must inform Us of Your decision to withdraw from this
contract by an unequivocal statement (e.g. an email sent to
[email protected] or a letter sent by post to Dock Financial S.A., 110, Route
d’Arlon, L-1150 Luxembourg, Luxembourg). You may use the attached model
withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is
sufficient for You to send Your communication concerning Your exercise of the
right of withdrawal before the withdrawal period of 21 days has expired.

9.1.2. MODEL WITHDRAWAL FORM:

• To Dock Financial S.A. (email: [email protected], postal address 110,
Route d’Arlon, L-1150 Luxembourg, Luxembourg)
• I hereby give notice that I withdraw from my contract for the provision of
the following service:
• Name of consumer
• Address of consumer
• Signature of consumer (only if this form is notified on paper)
• Date

9.1.3. EFFECTS OF WITHDRAWAL: If You withdraw from this contract, We shall

reimburse to You all payments received from You, including the costs of
delivery (with the exception of the supplementary costs resulting from Your
choice of a type of delivery other than the least expensive type of standard
delivery offered by Us), without undue delay and in any event not later than 21
days from the day on which We are informed about Your decision to withdraw
from this contract. We will carry out such reimbursement using the same means
of payment as You used for the initial transaction, unless You have expressly
agreed otherwise; in any event, You will not incur any fees as a result of such
reimbursement.

Note that You will not be entitled to a redemption of money that You have already
spent on goods or services.

9.2. After 21 days from the day the email is sent which confirms that We are entering into
this Agreement with You and opening Your Account all fees and charges will be non-
refundable apart from those fees and charges that are levied by Us on a regular ongoing
basis and paid in advance, which shall be reimbursed to You proportionally should You
terminate this Agreement. For example, this means that if You have paid the Yearly Fee
and decide to terminate this Agreement 6 months after the Yearly Fee was paid, You will
receive a refund of half of the Yearly Fee. The list of these fees and charges is set out in
the Fee Schedule and is also available on the Website.

9.3. You may terminate this Agreement at any time by providing thirty (30) days prior notice
by contacting Customer Service or otherwise writing to Us and informing Us of Your
decision to terminate. Following termination of the Agreement You may redeem the
remaining balance of Your Account subject to payment of the Redemption Fee
stipulated in the Fee Schedule. We will subsequently make an electronic transfer of Your
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 remaining Account balance to a bank account in the European Economic Area (“EEA”)
that You nominate to receive the payment, providing We reasonably believe You have
not acted fraudulently and subject to You having providing Us the information requested
in section 9.4. A Redemption Fee will not be charged in cases where at the end of a
Term We provide You notice of termination of the Agreement and You request to
redeem Your Account balance within the first 12 months of such notice of termination.

9.4. Before We can redeem any remaining funds on Your Account, You must provide Us:
9.4.1. The serial number of Your Card or the ID number associated with Your Account
plus any verification information that We may request;
9.4.2. Your full name, email address and a contact phone number;
9.4.3. A legible copy of a government issued ID (e.g. passport or driver’s license);
9.4.4. A legible copy of a proof of Your residential address;
9.4.5. Bank Account details in the European Economic Area including IBAN and BIC
where You would like Us to transfer Your funds to; and
9.4.6. Adequate information relating to the origin of Your funds.

9.5. In order to comply with Our legal obligations, We may ask You to provide Us with certain
other information before We process Your redemption request including the provision
of notarised documentation per post. We will not complete Your redemption request if
We believe You have provided false information, or We are concerned about the security
of the transaction, or if Your Account is not in good standing or if there are insufficient
funds to cover the redemption and any Redemption Fee.

9.6. We may suspend or cancel Your Prepaid Product or terminate this Agreement:
9.6.1. if You break an important part of this agreement, or repeatedly break the
Agreement and fail to resolve the matter within 7 days, or use Your Prepaid
Product or any of its facilities in a manner that We believe is fraudulent or
unlawful;
9.6.2. if You act in a manner that is threatening or abusive to Our staff, or any of Our
representatives;
9.6.3. if You fail to pay fees or charges that You have incurred or fail to put right any
shortfall;
9.6.4. for regulatory reasons including but not limited to You residing in a jurisdiction
that is not an Accepted Jurisdiction; or any ruling, instruction or order We
receive from the CSSF or a Payment Scheme pertaining to the Prepaid Product;
9.6.5. if We reasonably believe or suspect Your Prepaid Product use may entail a risk
of reputational damage for Us or may be linked to financial crime;
9.6.6. if We otherwise reasonably believe that You have not complied with these
Terms and Conditions; or
9.6.7. if We reasonably suspect that an unauthorised or fraudulent use of any of Your
Prepaid Products has occurred or that any of its security features have been
compromised.

9.7. If Your Prepaid Product is suspended or cancelled We will notify You in advance or as
soon as practicable thereafter, unless to do so would be contrary to any applicable law
or regulation or would jeopardise any fraud investigation. If the circumstances
surrounding the suspension of Your Prepaid Product are resolved to Our reasonable
satisfaction, Your Prepaid Product will be reactivated and available for use or replaced if
Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 11
 necessary.

9.8. If Your Prepaid Product is cancelled or this Agreement is terminated or otherwise not
renewed You will not be able to access your Account but you may withdraw any
remaining funds by contacting Customer Service and requesting that the funds be sent
to You in a manner that is reasonably acceptable for Us. You may do so for a period of
six years from the earlier of the date of cancellation of Your Prepaid Product or
termination of this Agreement.

10. KEEPING YOUR PREPAID PRODUCT DETAILS SAFE

10.1. We will assume that all transactions entered into by You with Your Prepaid Product
details are made by You unless notified to Us in accordance with section 11.1. You are
responsible for keeping Your Prepaid Product and its details safe. This means You must
take all reasonable steps to avoid the loss, theft or misuse of Your Prepaid Product
details. Do not disclose Your Prepaid Product details to anyone except where necessary
to complete a transaction. You should be satisfied that the retailer or service provider
is genuine and has taken adequate steps to safeguard Your information before
proceeding with the transaction and supplying them with the physical Card or the
associated Account details.

10.2. Once Your Card has expired or if it is found after You have reported it as lost or stolen
or if the Agreement has been terminated You should destroy Your Card by cutting it in
two through the magnetic strip and/or chip.

10.3. You must keep Your Prepaid Product PIN safe at all times. This includes:
10.3.1. Memorising Your PIN as soon as You receive it, and destroying the letter or
other document on which We provided the PIN to You immediately.
10.3.2. Never writing Your PIN on Your Card or on anything You usually keep with
Your Card.
10.3.3. Keeping Your PIN secret at all times, including not using the PIN if any other
Person is able to view the PIN entry.
10.3.4. Not disclosing Your PIN to any Person, except that You may disclose the PIN
orally (but not in writing) to a Person authorised to use Your Card or Account.

NEVER COMMUNICATE YOUR PREPAID PRODUCT PIN TO ANYONE IN WRITING. This

includes printed messages, e-mails and online forms. Failure to comply with the above may
be treated as gross negligence and may affect Your ability to claim any losses.

11. LOST, STOLEN OR DAMAGED CARDS

11.1. If You lose Your Card or it is stolen or damaged or You believe Your Account has been
compromised, please notify Us immediately by following the relevant instructions on the
Website or telephoning Card Block Services on the telephone number provided in the Art.
19 of these Terms and Conditions. You will be asked to provide Your Card or Account
number and other information to verify that You are the authorised cardholder or
Account holder. Following satisfactory completion of the verification process, We will then
block any lost or stolen Card or compromised Account to prevent unauthorised use and
cancel any damaged Card to prevent further use. Note that this telephone number is
Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 12
 ONLY for blocking lost or stolen Cards or compromised Accounts and is not available for
general enquiries.

11.2. Unless otherwise required by law, We will not be liable for any direct or indirect loss
or damage You may suffer as a result of Your total or partial use or inability to use Your
Prepaid Product, or the use of Your Prepaid Product by any third party. If We believe
You have acted fraudulently, or if We believe You have intentionally or with gross
negligence failed to keep Your Prepaid Product or its details safe at all times, We will
hold You liable for all transactions and any associated fees.

11.3. You will not be liable for any unauthorised transactions on Your Prepaid Product, if (i)
We reasonably believe that You have acted with reasonable care and have not acted
fraudulently or with gross negligence, providing that You notify Us as soon as
practicable if Your Card has been lost or stolen or You believe Your Account has been
compromised, (ii) there was no opportunity for You to notice the loss, theft,
misplacement or other misuse of the Prepaid Product prior to the unauthorised
transaction, or (iii) the loss of the Card was caused by an employee or an agent, of Us
or another agency to which We had outsourced any activities.

11.4. After You have notified Us of the loss, theft or risk of misuse, and providing that We
are able to identify Your Card or Account and satisfy certain security checks, We may
issue a replacement Prepaid Product and/or PIN to You. Certain fees may apply for the
re-issue of a lost or stolen Card which in any event covers the costs solely and directly
associated with the replacement, please see the Fee Schedule for details. These fees
shall not apply if We are legally responsible or answerable for the circumstances that
led to the issuance of the replacement Prepaid Product. The withdrawal period
described in section 9.1 does not apply to replacement Prepaid Products.

12. PURCHASES FROM RETAILERS AND TRANSACTION DISPUTES

12.1. We accept no responsibility for the quality, safety, legality or any other aspect of any
goods or services purchased by You with Your Prepaid Product. Any disputes which
arise in connection with such purchases must be addressed directly with the merchant
providing the relevant goods or services. Once You have used Your Prepaid Product to
make a purchase, You cannot stop that transaction. We are not liable for the failure of
any merchant to honour Your Card or payment via Your Account.

12.2. If You believe You did not authorise a particular transaction You must notify Us of the
issue immediately by contacting Customer Service. We may require You to provide
details of Your complaint in writing.

12.3. If You do not tell Us within 13 months after an unauthorised transaction was made,
You may not be entitled to a refund. This 13 month period shall only commence if We
have notified You of the debit booking by the means agreed for transaction
statements, as outlined in section 7, by no later than one month after the debit
booking. Otherwise, this period shall begin with the date of the notification.

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 13
12.4. Subject to section 12.3 and providing that You have complied fully with this Agreement
and not acted fraudulently or without reasonable care, You will not be liable for any
unauthorised transactions incurred with Your Prepaid Product if You inform Us and You
request Us to block Your Prepaid Product immediately after becoming aware of the
unauthorised use of Your Prepaid Product. At Our request, You shall provide factual
elements and information relating to such circumstances. We will refund the amount
of a transaction by no later than the end of the Business Day following the day on which
We were notified or otherwise learned that the transaction was unauthorised. If We
have notified any competent authority in writing that We have legitimate grounds to
suspect fraudulent conduct on Your part, We will only perform the aforementioned
obligation if We are reasonably certain that fraud has not taken place. If Our
reasonable investigations discover that the disputed transaction was not an
unauthorised transaction or that You have failed to comply with this Agreement,
including failing to follow any of the safeguards set out under section 10, We will not
refund the disputed transaction or We will deduct already refunded transactions from
Your Account, as applicable, and We will charge a security check fee as set out in the
Fee Schedule. This section 12.4 also applies to cases where the transaction was
initiated by a PIS Provider.

12.5. In certain circumstances, a transaction will be initiated but not fully completed. Where
this happens, this may result in the value of the transaction being deducted from Your
Account balance and therefore unavailable for use – We refer to this as a “hanging
authorisation” or “block”. In these cases, You will need to contact Customer Service
and present relevant evidence to show that the transaction has been cancelled or
reversed.

12.6. Where a retailer provides a refund for any reason (for example, if You return the goods
as faulty) it can take several days for the notification of the refund and the money itself
to reach Us. As such, please allow 5-10 days from the date the refund was carried out
for the refund to be applied to Your Account. Any refunds for goods or services
purchased with Your Prepaid Product may only be returned as a credit to Your Account.
You are not entitled to receive refunds in cash. Refunds to the Prepaid Product are only
allowed for transactions previously made with the same Prepaid Product.

12.7. In certain circumstances, We may refuse to complete a transaction that You have
authorised. These circumstances include:
12.7.1. if We are concerned about the security of Your Prepaid Product or We
suspect Your Prepaid Product is being used in a fraudulent or suspicious
manner;
12.7.2. if sufficient funds to cover the transaction and all associated fees are not
available at the time that We receive notification of the transaction;
12.7.3. if there is an outstanding shortfall on the balance of Your Account;
12.7.4. if We have reasonable grounds to believe You are acting in breach of this
Agreement;
12.7.5. errors, failures (mechanical or otherwise) or refusals by merchants, payment
processors or Payment Schemes processing transactions.

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 14
13. CUSTOMER SERVICE & COMPLAINTS PROCEDURE

13.1. Customer Service is available 8:00 am to 5:00 pm CET on Business Days. During these
hours We will endeavour to resolve all enquiries immediately, however please note
that certain types of enquiry can only be resolved during normal business opening
hours. Enquiries received after the close of business on a particular day will be treated
as having arrived on the following Business Day. You are provided contact details of
Customer Service in Art. 19 of these Terms and Conditions.

13.2. If You are not satisfied with any element of the service You receive, any complaints
should also be made to Our Customer Service in the first instance using the contact
details in Art. 19 of these Terms and Conditions.. You should clearly indicate that You
wish to make a complaint to Us. This helps Us to distinguish a complaint from a regular
query. We endeavor to provide You with an answer or resolution to Your complaint
within the timeframes as outlined by the CSSF in accordance with Our complaints
procedure. You may request a copy of Our complaints procedure at any time by
contacting Customer Service.

13.3. If, having exhausted Our complaints procedure You remain unhappy, You may
complain to the CSSF at Commission de Surveillance du Secteur Financier,
Département Juridique II, 283, route d’Arlon, L-1150 Luxembourg. For additional
contact details you may visit the website at http://www.cssf.lu/.

13.4. The European Commission has established a web-based European Online Dispute
Resolution platform (ODR platform) as an easy and fast possibility to resolve disputes
between traders and consumers. See weblink http://ec.europa.eu/odr which can also
be found on the Website and will take You to the ODR platform.

14. LIABILITY AND LIMITATION OF LIABILITY

14.1. To the maximum extent permitted by applicable law, We will not be held liable for:
14.1.1. any fault or failure relating to the use of the Prepaid Product that is a result
of abnormal and unforeseeable circumstances beyond Our control which
would have been unavoidable despite all Our efforts to the contrary,
including but not limited to, a fault in or failure of data processing systems;
14.1.2. the goods or services that You purchase with Your Prepaid Product;
14.1.3. any loss of profits, loss of business, or any indirect, consequential, special
or punitive losses;
14.1.4. any acts or omissions that are a consequence of Our compliance with any
national or European Union law; or
14.1.5. any fees charged by third parties such as other banks, financial institutions
or commercial third parties for use of their facilities or services.

In any event Our liability will be limited to the balance of Your Account at the time
that the event occurs.

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 15
14.2. In addition to the conditions set out in section 14.1, Our liability shall be limited as
follows:
14.2.1. Where Your Prepaid Product is faulty due to Our fault, Our liability shall be
limited to replacement of the Prepaid Product, or at Our choice, repayment
to You of the available funds on Your Account;
14.2.2. Where sums are incorrectly deducted from the available funds on Your
Account due to Our fault, Our liability shall be limited to payment to You of
an amount equivalent to the amount incorrectly deducted.
14.2.3. In all other circumstances of Our default, Our liability will be limited to
repayment of the amount of the available funds on Your Account.
14.2.4. Nothing in this Agreement shall exclude or limit Our liability for death or
personal injury.

14.3. If You have used Your Prepaid Product fraudulently or allowed Your Prepaid Product
to be used fraudulently, in a manner that does not comply with these Terms and
Conditions, for illegal purposes, or if You have allowed Your Prepaid Product or its
details to be compromised due to Your negligence You will be held responsible for
the use and misuse of the Prepaid Product. We will take all reasonable and necessary
steps to recover any loss from You, and there shall be no maximum limit to Your
liability except where relevant laws or regulations impose such a limit. This means
You should take care of Your Prepaid Product and its details and act responsibly, or
You will be held liable.

14.4. Providing that You have taken all reasonable care necessary and subject at all times
to sections 11.3 and 12.4, You will not be liable for unauthorised transactions
associated with a lost or stolen Card or a compromised Account.

14.5. Claims for non-execution, incorrect execution or late execution of authorised

transactions:
14.5.1. If an authorised transaction is not executed or not executed correctly, You
may request Us to refund the full amount of the transaction without delay
insofar as the transaction was not made or not made correctly. If the
amount has been deducted from Your Account, We shall restore the
balance of Your Account to what it would have been without debiting for
the non-executed or incorrectly executed transaction. If Your transaction
was initiated by a payment initiation service provider, We shall be subject
to the aforementioned obligations.
14.5.2. Over and above section 14.5.1, You may ask Us to refund any charges and
interest insofar as these were levied on You or debited to Your Account in
connection with the non-execution or incorrect execution of the
transaction.
14.5.3. If an authorised transaction is executed late, You may request Us to ask the
payee’s payment service provider to credit the payment amount to the
payee’s payment account as if the credit transfer had been properly
executed. This obligation shall also apply if Your transaction is initiated via
a payment initiation service provider.
14.5.4. Our liability in accordance with sections 14.5.1-14.5.3 is excluded in the
following cases:

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 16
 (i) We are able demonstrate to You that the payment amount was
remitted to the payee’s payment service provider in due time and in
full.
(ii) The transaction was executed in conformity with the incorrect
unique payee identifier provided by You. In this case, You may,
however, ask Us to make reasonable efforts to recover the amount
of the transaction. If the transaction amount cannot be recovered,
We shall upon written request provide You with available
information that will enable You to assert a claim for a refund of the
transaction amount against the actual recipient of the transaction.
14.5.5. Your claims under sections 14.5.1-14.5.3 for a non-executed or, incorrect
executed transaction are excluded if You do not notify Us within 13 months
after the day the transaction was made. This 13 month period shall only
commence if We have notified You of the debit booking by the means
agreed for transaction statements, as outlined in section 7, by no later than
one month after the debit booking. Otherwise, this period shall begin with
the date of the notification. This shall also apply if Your transaction was
initiated via a payment initiation service provider.
14.5.6. Claims on Your part are excluded if the circumstances giving rise to a claim:
(i) Are based upon an exceptional and unforeseeable event on which
We have no influence and whose consequences could not have been
avoided by exercising due diligence;
(ii) Were brought about by Us as a result of a statutory obligation.

14.6. If You permit an AIS Provider or PIS Provider to act on Your behalf, You are liable to
Us for the actions that You authorise the AIS Provider or PIS Provider to take on Your
behalf, subject to Your mandatory legal rights and sections 14.4 and 14.5. Granting
permission to any third party in any way does not relieve You of any of Your
responsibilities under this Agreement. You acknowledge and agree that You will not
hold Us responsible for, and will indemnify Us from, any liability arising from the
actions or inactions of this third party in connection with the permissions You
granted.

14.7. The Luxembourg Deposit Guarantee Fund (“Fonds de garantie des dépôts
Luxembourg“ - FGDL) does not apply to Your Prepaid Product. However as a
responsible e-money issuer We take the security of Your money very seriously. Your
funds are held in a secure client account, specifically for the purpose of redeeming
transactions made via Your Prepaid Product. In the unlikely event of any insolvency,
funds that have reached Our client account will be protected against claims by
creditors. We will be happy to talk through any questions or concerns You might have;
please contact Customer Service for information.

14.8. It is Your responsibility to ensure that any funds transferred to us for Your benefit are
done so in accordance with Our instructions, in particular that You ensure the correct
identifier information is included with the funds transfer to enable Us to assign such
funds to Your Account. We specifically disclaim all liability arising out of or in
connection with any arrangements You may have entered into with a third

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 17
 party financial institution regarding funds transferred to Your Account. In particular
We disclaim all liability for errors made by such third party financial institutions and
will only be liable for those funds received by Us in accordance with Our instructions
and credited to Your Account for the purchase of electronic money.

15. YOUR PERSONAL INFORMATION

15.1. We collect certain information about the purchaser and the users of the Prepaid
Product in order to operate Our prepaid programme. Dock Financial S.A. is a Data
Controller of Your personal data, and will manage and protect Your personal data in
accordance with the GDPR and Our privacy policy that You can access on the Website.

15.2. We may transfer Your data outside the EEA to Our commercial partners where
necessary to provide Our services to You, such as customer service, account
administration, financial reconciliation, or where the transfer is necessary as a result
of Your request, such as the processing of any international transaction. Our
commercial partners outside the EEA include but are not limited to The Rocket
Science Group LLC and other entities (“Partners”) We engage or otherwise enter into
agreements with from time to time for the provision of Our services. When We
transfer data to Partners located outside the EEA, We will take steps to ensure that
Your data is afforded substantially similar protection as data processed within the
EEA. Please be aware that not all countries have laws to protect data in a manner
equivalent to that of the EEA. Your acceptance of this Agreement indicates to Us that
You agree to the transfer of Your data outside the EEA, in accordance with the terms
of this section.

15.3. You have a right to access the personal data We hold about You. However, We will
ask You to pay a fee mentioned in the Fee Schedule to cover Our administration costs.
We may ask You to provide Us certain information so that (a) We can be sure the
Person making the request is the individual to whom the personal data relates; and
(b) We can find the personal data covered by the request. This is to avoid personal
data about one individual being sent to another, accidentally or as a result of
deception. For further information, please contact Customer Service.

15.4. We are committed to processing Your personal data in accordance with legal
requirements relating to the collection, storage and use of personal data under the
terms of GDPR. We will not pass information We hold about You to any third party
other than where:
15.4.1. We are legally required to disclose; or
15.4.2. We have a public duty to disclose; or
15.4.3. Our legitimate business interests require that We disclose, and this
disclosure does not prejudice Your rights, freedoms or legitimate interests;
or
15.4.4. The disclosure is made with Your consent; or
15.4.5. It is disclosed as set out in this section 15 and/or in Our privacy policy.

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 18
15.5. We may use the services of third parties to provide services on Our behalf which may
include the processing of information about You.

15.6. Your personal data (including sensitive personal data) may be shared with other
financial institutions, credit reference agencies, trade bodies, anti-fraud
organisations, debt collection agencies and law enforcement bodies for the purposes
of verifying Your identity and suitability for a Prepaid Product, collecting debts or
other arrears You may owe us, or identifying and preventing fraud, money laundering,
terrorist financing and other financial crimes. A record of such enquiries will be kept.

15.7. We may share information about You both within the EEA and outside of the EEA,
provided that Your data is afforded substantially similar protection as data processed
within the EEA.

15.8. We may contact You to advise You of other products or services provided by Us. If
You do not want Us to contact You about such products and services please let Us
know by contacting Customer Service.

15.9. If We suspect that We have been given false or inaccurate information, We may
record and report suspicion together with any other relevant information to the
relevant authorities.

15.10. If false or inaccurate information is provided and fraud is identified, details will be
passed to fraud prevention agencies and relevant authorities to prevent fraud and
money laundering and financing of terrorism.

15.11. Dock Financial is bound by an obligation of professional secrecy. We may not disclose
personal, banking, financial data and information relating to the business relationship
with You (the "Information") to third parties, except if the disclosure of the
Information is in accordance with or required by applicable law or with Your consent.

15.12. In order to provide You with optimal service and high-quality standards, to comply
with regulations, and to benefit from the technical resources of qualified specialists,
We may subcontract all or part of certain tasks or activities to third parties in The
Grand Duchy of Luxembourg or abroad including the Member States of the EEA and
the United Kingdom, or to another Dock Financial entity (their directors, officers,
representatives, employees, advisors, including legal advisors and statutory auditors)
worldwide ("Service Provider”).

Dock Financial may outsource some or all of the following tasks and activities
(together the "subcontracting"):
− Operational, maintenance and support tasks for IT infrastructures and applications;
− Messaging and payment platforms (including manual data encryption, processing,
monitoring, and storage/archiving of payment messages)
- filtering and message verification to ensure transactions executed by Dock Financial
comply in all respects with applicable international regulations and laws;
- Centralisation and processing of all documents;
- Customer identification and data management activities (e.g. document collection,
decision-making, risk appetite, tax classification, and reporting obligations;
Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 19
 − The procedures for recording, monitoring, and archiving instructions, and orders on
banking and financial transactions (including by telephone);
− The processing of payment services activities and financial instruments in
commercial matters or litigation, from origin to decision-making;
− The execution of any payment transaction and the management of related cash
flows, controls and verification of certain payment transactions and records.

In all subcontracting Dock Financial ensures compliance with its regulatory

obligations in this area.

The Service Providers designated by Dock Financial may be regulated or unregulated

entities that are either subject by law to an obligation of professional secrecy or
contractually required by Dock Financial to comply with strict rules of confidentiality.

15.13. You hereby expressly agree and authorise Dock Financial to engage Service Providers
in the aforementioned subcontracting activities and the transfer and disclosure of the
Information relating thereto to the Service Providers, in accordance with the
regulatory requirements to which Dock Financial is held.

15.14. You further hereby expressly agree and authorise Dock Financial to disclose and make
available the Information to any court, administrative body or authority, including,
without limitation, any (Luxembourg or foreign) tax authorities, any (Luxembourg or
foreign) insolvency administrators, any regulatory authority where an entity of the
Dock Financial group operates (“Recipients”), if required by the rules of any local or
foreign law or regulation, or pursuant to any other applicable directive, guideline,
code or practice note.

15.15. Pursuant to the foregoing authorisation and during the term of the Agreement, You
release Us from any applicable professional secrecy and waive any rights arising
therefrom.

15.16. You acknowledge and agree that the Service Providers may not be subject to the rules
of the Grand Duchy of Luxembourg in relation to professional secrecy and that the
professional secrecy that may be applicable to them could be less stringent than the
legislation of the Grand Duchy of Luxembourg on professional secrecy. In certain
circumstances and despite their confidentiality commitments, they may be legally
obliged to provide the Information to third parties or to authorities. We shall take the
appropriate technical and organisational measures, while taking into account the
type and categories of the Information and the risk related to its processing, to ensure
an appropriate level of data protection.

16. CHANGES TO THESE TERMS AND CONDITIONS AND CHANGE OF CONTRACTUAL

PARTNER

16.1. The up-to-date version of these Terms and Conditions will always be available on the
Website. We may amend These Terms and Conditions, the Fee Schedule and any part
of this Agreement, including any schedule or appendix, or specific conditions
Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 20
 applicable to a Prepaid Product (“Changes”) at any time under our sole discretion.
Subject to section 16.2, any Changes) will be notified to You by email two months
before the Changes take effect (“Change Effective Date”) unless law requires or
permits Us to notify You of such Changes within a shorter timeframe. You may either
accept or reject any Changes to these Terms and Conditions before such Changes
take effect. Unless, prior to the Change Effective Date, We expressly inform you that
the Changes (including any change in contractual parties) will not be executed, the
Changes shall take effect two (2) months after they have been communicated to You.
In the event of a Change being notified by Us, at any time before the Change is due
to take effect You may immediately terminate the Agreement without incurring
cancellation charges by advising Us in writing. Your consent to such Changes will be
deemed to have been given if you have not indicated your objection to Us before the
Changes take effect.

16.2. We reserve the right from time to time to implement updates to improve the
provision of Our services. We will use Our best endeavours to provide as much
advance notice as possible of any such changes, if reasonably practicable.

16.3. Changes to the spending or loading limits of Your Prepaid Product that are necessary
in order for Us to comply with Our legal requirements are not considered to be
changes to these Terms and Conditions and therefore do not require prior notice. You
can always check Your spending limits by logging into Your Account.

16.4. We may transfer our rights and obligations under this Agreement to one or more
third parties (via an assignment or a novation of contract). You have the right to
terminate the Agreement without notice in the event of such assignment or novation.

17. LAW AND COURTS

17.1. The Agreement is governed by the laws of Luxembourg, but You may have the right
to take action against Us in the courts of the jurisdiction in which You are domiciled.
If for whatever reason You do not have the right to take action in the courts of a
jurisdiction outside of Luxembourg, You agree, by entering into this Agreement, to
submit to the non-exclusive jurisdiction of the courts of Luxembourg to resolve any
legal matter arising from the Agreement.

17.2. Notwithstanding this section 17, You agree that We will still be allowed to apply for
injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

17.3. No Person other than You and Us will have any rights under this Agreement.

18. LOADING YOUR ACCOUNT

18.1. Your Account may only be loaded via channels that We approve. The type and nature
of these load channels will depend on the commercial relationship We have with Our
commercial partners.

18.2. The time that it takes for Your Account balance to be updated when You load Your
Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 21
 Account depends on the payment method that You use and the time it takes for the
funds to be sent to Us. Further information regarding these load channels and any
applicable fees may be found on the Website and in the Fee Schedule. Should You have
any questions about ways to load Your Account please contact Customer Service.

18.3. You will be held responsible at all times for ensuring that the amount of any funds that
are authorised to be loaded onto Your Account are transferred as such. In particular if
You use Your Account and it runs into a negative balance You will be held liable for
transferring enough funds to return the Account to a zero or a positive balance.

18.4. We may implement loading limits in relation to Your Account for legal or regulatory
reasons or to comply with Our security and risk management policies. Where We
implement such loading limits, these will be notified to You via the Website or via
Customer Service communication.

18.5. Notwithstanding the provisions of this section 18 or any maximum execution times
provided for under this Agreement, We may refuse to load Your Account in accordance
with Our internal anti-money laundering controls or should We have concerns
regarding the origin of funds or, depending on the type of Account and associated load
limit, should any identification requirements set out in section 3 not have been met.
We may request information from You regarding the origin of funds. We may at Our
absolute discretion refuse any order, request or associated payment You make for the
purchase of electronic money without giving any reason and without liability for any
loss or damage incurred by You or any other party.

19. CUSTOMER SERVICE CONTACT DETAILS

Website www.viabuy.com
Customer Service email [email protected]
Card Block Services telephone number 0080048437776

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020 22
 Fee Schedule
This Fee Schedule applies to the Terms and Conditions for the VIABUY Prepaid Product.

A. FEES

Prepaid Product Fees

One time Account Issuing Fee1 EUR 69.90
Card Yearly Fee EUR 19.90
Monthly Account Maintenance Fee applicable from the 13th month onwards
following the start of the Agreement (will be waived should there be at least
one incoming or outgoing transaction on your Account within the preceding 12
months) EUR 9.95

Transaction and Usage Fees:

Purchase Transaction FREE
Foreign Exchange 2.75%
ATM Withdrawal2 EUR 5.00
Direct transfer to another VIABUY account FREE
Outgoing domestic transfer, SEPA transfer FREE
Failed POS transaction or withdrawal due to insufficient funds on the Account,
ATM balance enquiry EUR 0.50
Bank transfer to outside of the SEPA zone or in a foreign currency EUR 9.90
SMS fee per SMS requested by you (PIN reminder or payment authorisation
confirmation by SMS instead of email) EUR 0.19

Loading Fees3:
Domestic or SEPA credit transfer 0.9 %
MyBank, incoming, direct transfer from another VIABUY account FREE
Cash load at bank2 0,9 %
International bank transfer from outside the SEPA zone or in a foreign currency,
giropay, eps, iDEAL, SOFORT Banking, Trustly, Bancontact, Multibanco, 1.75%
Credit, prepaid or debit card 1.75%
TrustPay 2.75%
paysafecard 8.75%

Other Fees
Redemption Fee EUR 5.00
Refunds4 EUR 25.00
Chargeback, security check EUR 25.00
Replacement Card, allocation of incoming bank transfers caused by missing or
wrong reference EUR 10.00
Administration Fee per hour for specialised customer requests or manual work
performed outside of the scope of the terms of the Agreement EUR 120.00
1
Applicable as of the date We send an order confirmation email to the email address You provide us during registration
and non-refundable other than in accordance with section 9.1 of this Agreement. Issuing of an Account includes one
Payment Scheme branded Card. You must load Your Account with a minimum first time load of at least EUR 89.80 within
21 days.

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020
2
Additional Bank or ATM charges may apply and be charged either to Your Account balance or deducted from the
disbursement amount.

3
Additional loading channels such as international bank transfers from outside the SEPA zone, giropay, eps, iDEAL,
SofortBanking and more may be available from time to time in accordance with the arrangements We have put in place
with Our commercial partners. These loading channels are listed on the Website and available for use subject to any
applicable Fees which shall be deducted from Your Account. The following maximum execution times for the below
payment services apply subject at all times to the terms of this Agreement and Your compliance with this Agreement, in
particular but not limited to You meeting requisite identification requirements or providing at Our discretion adequate
information on the origin of Your funds or any internal load limits We implement as a part of Our anti-money laundering
obligations. If We receive a payment order on a non-Business Day or after 4:00 pm CET on a Business Day, the payment
order will be deemed received by Us on the next Business Day.

Maximum Execution Time Payment service

On Our receipt of Your payment order or Our receipt Incoming giropay, eps, iDEAL, SOFORT Banking,
of notice from Your bank or financial institution of Your paysafecard, credit card, prepaid card, debit card,
payment order, as applicable VIABUY Card to Card transfers; ATM Withdrawals
End of the Business Day following Our receipt of Your Outgoing SEPA transfer
payment order
End of the second Business Day following the time at Incoming SEPA transfer, Direct Debit, or cash deposit
which funds relating to Your payment order were at bank, TrustPay, Trustly, Bancontact, Multibanco,
received by Us from Your bank or financial institution MyBank,

4
Where We receive a payment for the purchase of e-money and loading of Your Account but You do not fulfil the requisite
conditions in order for such funds to be credited to Your Account or You do not otherwise comply with Our reasonable
instructions and We are required to return the payment, We reserve the right to charge a Refund Fee which will be
deducted from the payment amount prior to it being refunded.

Crosscard Issued Prepaid Product VIABUY Terms & Conditions v. 11, October 2020