Vodafone smartpass user agreement before 10 July 2015

This agreement applies to your Vodafone SmartPass and Vodafone SmartPass App which are provided to you by us, Wirecard.

Wirecard and Vodafone’s role

In this agreement, “we” and “Wirecard” means Wirecard Card Solutions Limited, a company registered in England and Wales with company number 07875693 and authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (register reference 900051) for the issuing of electronic money. Wirecard has permission to issue electronic money in the United Kingdom. Your Vodafone SmartPass is issued to you by Wirecard. Wirecard’s principal office is at Grainger Chambers, 3-5 Hood Street, Newcastle upon Tyne, NE1.

We may provide services through our programme manager, Wirecard UK and Ireland Limited registered in Ireland with company number IE409923 with its principal office at Ulysses House, Foley Street, Dublin 1, 216410, Ireland.

Vodafone Limited (“Vodafone”) whose principal place of business in the United Kingdom is at Vodafone House, The Connection, Newbury, Berkshire RG14 2FN does not issue electronic money, either itself or for Wirecard. Vodafone’s role is limited to the promotion of the Vodafone SmartPass. Any obligations owed to you under this agreement or under the financial services regulatory system relating to the Vodafone SmartPass are owed by Wirecard, and not by Vodafone.

1. Vodafone SmartPass

Vodafone SmartPass is composed of:

• a Vodafone SmartPass prepaid account (“Vodafone SmartPass Account”);
• a tag (“Vodafone SmartPass Tag”); or
• a digital card installed on the SIM of your mobile phone (“Vodafone SmartPass SIM”); and
• a complimentary Vodafone SmartPass companion card (“Companion Card”).

The Vodafone SmartPass Account can be managed either through the Vodafone SmartPass App on your mobile phone or online at vodafonesmartpass.com/log/uk. You can then use your Vodafone SmartPass Account:

• to pay for goods and services online, over the phone or in person;
• to transfer funds to another Vodafone SmartPass Account; and
• for contactless transactions up to the limit set out in the Fees and Usage Restrictions.

The Vodafone SmartPass Tag or Vodafone SmartPass SIM is not a credit card and your Vodafone SmartPass Account is not the same as a personal bank or deposit account. To use Vodafone SmartPass to make payments you will need to top up your Vodafone SmartPass Account (please see section 5 for more information on how to top up). You will not earn any interest on the funds you top up to your prepaid Vodafone SmartPass Account. We will own your Companion Card and Vodafone SmartPass Tag and we can ask you to stop using it at any time and to destroy it.

You can cancel your Vodafone SmartPass Account at any time without notice and claim back (i.e. redeem) some or all of the funds you have topped up to your Vodafone SmartPass Account. Please see section 13 for more information.

2. How to apply for a Vodafone SmartPass Account

2.1 Vodafone SmartPass Tag:

To apply for a Vodafone SmartPass Tag you must:

• be over 18 years old;
• be a resident of the United Kingdom;
• have read the copy of this agreement, the Fees and Usage Restrictions and the information about your redemption rights made available to you on our website; and
• own a mobile telephone number and have access to a personal email address.

We will consider your Vodafone SmartPass Tag application and if we accept it, we will send you a Vodafone SmartPass pack containing: (i) a Vodafone SmartPass Tag and an inactive Companion Card; and (ii) any other related documents, including details of our web support guides.

2.2 Vodafone SmartPass SIM

To apply for a Vodafone SmartPass SIM you must also:

• be a Vodafone consumer customer;
• have a compatible Vodafone SmartPass enabled “smart” mobile phone;
• have a compatible SIM; and
• have the latest version of the Vodafone SmartPass Wallet App installed and activated on your Android mobile phone.

To apply for the Vodafone SmartPass SIM you must use your existing Vodafone SmartPass Account details. If your application is accepted, your Vodafone SmartPass Tag will be disabled and replaced by your Vodafone SmartPass SIM.

We will also ask you to set up a Passcode if you have applied for the Vodafone SmartPass SIM. The Passcode is a four-digit code that you will be asked to enter into a payment terminal when making a payment using your Vodafone SmartPass SIM.

We will consider your application for a Vodafone SmartPass SIM and if we accept it, we will notify you when the service is available. If you already have a Companion Card, the Companion Card PIN provided in the PIN mailer for your Companion Card will remain valid. Otherwise, we will send you a Vodafone SmartPass pack containing: (i) your inactive Companion Card and (ii) any other related documents, including details of our web support guides.

2.3 Vodafone SmartPass Account

When you are applying for a Vodafone SmartPass Account, you will have to provide your mobile telephone number and email address as your contact details. Before you submit the online registration form, a summary of the data you have entered will be displayed. If you see any errors you can navigate back and modify your data before submitting the online registration form. Once you have registered and accepted this agreement, we will send you an email confirming the receipt of your application and attaching a copy of this agreement for your safe-keeping.

If you have a Vodafone SmartPass SIM, you will also be asked to use your Passcode to authenticate yourself within the Vodafone SmartPass App.

2.4 Companion Card

If you receive a Companion Card, please sign the back of it as soon as you receive it. We will send you the Companion Card PIN in a separate letter in the post. The Companion Card PIN is a four-digit code that you will be asked to enter when making a payment using the Companion Card. The Companion Card cannot be used to withdraw money from ATMs in the UK or overseas and the Companion Card PIN cannot be changed at any ATM in the UK or overseas.

3. Activating your Vodafone SmartPass Account

You can activate your Companion Card and/or Vodafone SmartPass Tag via our website at vodafonesmartpass.com/log/uk. To activate your Vodafone SmartPass, please log in to your Vodafone SmartPass Account and follow the instructions provided. When you register your Vodafone SmartPass you will be asked to set up an account password and username. Your username serves as a unique identifier and cannot be changed after registration. Please keep these details safe and secure.

By registering your Vodafone SmartPass you agree to use your SmartPass in accordance with the terms and conditions of this agreement. This agreement will be valid until it expires or is terminated by you or by us as set out in sections 11 and 12.

4. Confirming your identity

We may need to check your identity to provide any Vodafone SmartPass services, including:

• setting up your Vodafone SmartPass Account;
• if you want to top up more than £2,200 to your Vodafone SmartPass Account in a 12-month period;
• if you want to use “Send money” on the Vodafone SmartPass App to transfer money to another person;
• if you want to lift any daily limits or usage restrictions as set out in the Fees and Usage Restrictions which may apply to your Vodafone SmartPass Account;
• if we are issuing refunds; or
• if we are issuing a new or replacement Vodafone SmartPass Account.

If we need to check your identity, we will ask you for your personal details and your address. We may also ask you for documentary evidence and check your credit file so that we can confirm your identity. We may ask a credit reference or fraud prevention agency to carry out an identity check for us. These checks are for identification purposes only and are not credit checks. The agencies may keep a record of your information and the searches made.

5. Topping up your Vodafone SmartPass Account

You can top up your Vodafone SmartPass Account in various ways, including by transfer from your personal bank account and by using a 3D Secure (“Mastercard SecureCode”/”Verified by Visa”) enrolled debit or credit card. Any top up by bank transfer must be from a bank account in your name. For more details about the different ways you can top up your Vodafone SmartPass Account, see www.vodafone.co.uk/smartpass.

When you top up your Vodafone SmartPass Account, we will load the funds to your Vodafone SmartPass Account as soon as we receive your payment. For wire transfers (where you make a transfer to your Vodafone SmartPass Account from your bank account), when we receive the payment will depend on your bank. We will deduct a total sum at source (the personal bank account, debit or credit card you use to top-up your Vodafone SmartPass Account) of:
the amount you choose to top-up, plus

• any applicable top-up fees.
• We will then credit this total sum to your prepaid Vodafone SmartPass Account, before immediately deducting the applicable top-up fees. Your Vodafone SmartPass Account will then be left with the amount you chose to top up.
• There is no minimum amount you have to top up to your Vodafone SmartPass Account, as long as you have sufficient funds on your Vodafone SmartPass Account to cover any applicable top-up fee.
• Please see our Fees and Usage Restrictions at the end of this agreement for the top-up limits applicable to your Vodafone SmartPass Account, and for a summary of what you can do with your Vodafone SmartPass Account, depending on whether we have confirmed your identity or not.

If you try to top up more than these limits, we will reject the topup if possible. If we cannot reject the topup, we will transfer the full amount of the topup into a separate account where it will be held securely for you for a reasonable period of time during which you must confirm your identity in the way that we ask you to. If you do not confirm your identity within the time that we give you, then as long as we are legally allowed to do so, we will return the full amount of the topup. This return of funds may incur a fee.

6. Using your Vodafone SmartPass Account

When you use your Vodafone SmartPass Account, we will deduct the value of your transaction, and any applicable fees, from your Vodafone SmartPass Account balance.

You should always make sure that you have enough funds on your Vodafone SmartPass Account to cover the amount of any transaction you want to make and for any fees that may apply, and that it is within your transaction limit. If you do not have sufficient funds on your Vodafone SmartPass Account we will inform you as soon as we become aware of it, by email and/or text to your mobile phone. You will be required to top up your Vodafone SmartPass Account to cover the shortfall of funds. If you fail to do so, we will be entitled to recover the shortfall from any other account you hold with Wirecard or from funds you top-up to your Vodafone SmartPass Account at a later date.

When you use “Send money” on your Vodafone SmartPass App, the amount being transferred will be credited to the recipient’s Vodafone SmartPass Account by the end of the business day following the time of receipt by us of your payment instruction.

You can keep track of your Vodafone SmartPass Account balance online on your personal area of the website and through the Vodafone SmartPass App. We recommend that you check your Vodafone SmartPass Account balance regularly. We will make your transaction history available to you through the Vodafone SmartPass App and the personal area of the website, and update this once a day. You can print a copy of your transaction history from the personal area of the website and keep it for your records. You should check your transaction history regularly as it shows details about each transaction and will enable you to quickly spot any transactions you do not recognise.

7. The Vodafone SmartPass App

This agreement also applies to the Vodafone SmartPass App, which you may download if you have a compatible mobile phone and internet access. By installing the Vodafone SmartPass App you are accepting the terms of this agreement.

You will have been asked to set up an account password and user name when you registered your Vodafone SmartPass Account online. You will need to enter this same account password and user name when you download and launch the Vodafone SmartPass App for the first time. After you successfully log in for the first time, you will be asked to set a Vodafone SmartPass App PIN. Your Vodafone SmartPass App PIN is a four-digit code that you will need to enter when using your Vodafone SmartPass Tag to make payments for goods and services and also when you are asked to verify your identity for security purposes, for example when you wish to change your Vodafone SmartPass App PIN. You are responsible for keeping your account password, user name and Vodafone SmartPass App PIN confidential. We cannot check the identities of people using the Vodafone SmartPass App, so you are responsible for all activities carried out using your user name, account password and Vodafone SmartPass App PIN and we will not be liable for any losses suffered, unless this is due to our negligence. You must notify us immediately if you become aware of or suspect any unauthorised use of your user name, account password or Vodafone SmartPass App PIN.

Wirecard currently makes the Vodafone SmartPass App available to you free of charge for your personal, non-commercial use. However, Wirecard may change or withdraw the Vodafone SmartPass App, or charge for use of the Vodafone SmartPass App in the future.

Downloading or accessing the Vodafone SmartPass App will use data, for which your existing agreement with Vodafone (or your mobile phone provider, if not Vodafone) for data usage will apply. Vodafone will not charge you for data used to download or access the Vodafone SmartPass App within the United Kingdom but other mobile phone providers may charge for data usage, which will form part of your data bundle or, if you are an out-of-bundle browser, you will incur a one-off charge. If you access the Vodafone SmartPass App whilst travelling outside of the United Kingdom, you may incur browsing, downloading and other data charges at the standard data rates that apply when travelling outside of the United Kingdom.

Wirecard grants you a worldwide, non-exclusive, royalty-free licence to use the Vodafone SmartPass App for your personal use, but please note that it might also contain material that was created and is owned by other people. Your use of the Vodafone SmartPass App does not give you any rights to the intellectual property rights of Wirecard or any other person in the Vodafone SmartPass App. You will not use the Vodafone SmartPass App for any unlawful purpose or do anything which infringes any copyright, trade mark or other intellectual property rights of any person in and to the Vodafone SmartPass App and its contents, and Wirecard and its licensors expressly reserve all such rights. As part of this, you must not make or distribute copies of the App, or allow anyone else to do so.

8. Fees that we may charge you

All fees, charges and usage restrictions that apply to your Vodafone SmartPass Account are detailed in the Fees and Usage Restrictions. All fees and charges you pay will be set out in your transaction history which you can access through your personal area on the website and the Vodafone SmartPass App.

By activating your Vodafone SmartPass Account you agree to pay all applicable fees on your Vodafone SmartPass Account as set out in the Fees and Usage Restrictions.

For example, we may charge you fees to top up your Vodafone SmartPass Account, claim refunds, cancel your Vodafone SmartPass Account, if there is ever a shortfall on your Vodafone SmartPass Account, if you withdraw authorisation for a transaction, if you request a paper copy account statements, or if you do not make any transactions on your account for a certain period (specified in the Fees and Usage Restrictions).

9. Authorising transactions

You will need to authorise every transaction that you wish to carry out using your Vodafone SmartPass. You can do this by:

• entering your Companion Card into a payment terminal and your Companion Card PIN when prompted to do so, when you are using your Companion Card to pay for goods or services;
• signing a sales voucher;
• providing your Vodafone SmartPass Account details and/or providing any other details as requested;
• holding your Vodafone SmartPass Tag against a contactless payment reader (you may be asked to enter your Vodafone SmartPass App PIN);
• holding your mobile phone with Vodafone SmartPass SIM against a contactless payment terminal (you may be asked to enter your Passcode into the contactless payment terminal);
• for a person-to-person transfer initiated online, by logging into your personal area of the website, following the instructions, including providing the phone number or email address of the recipient and clicking to confirm the transaction when prompted to do so; or
• for person-to-person transfer initiated through the Vodafone SmartPass App transfer (also called “Send money”), following the instructions, including providing the phone number or email address of the recipient and clicking to confirm the transaction when prompted. You may be asked to enter your Vodafone SmartPass App PIN.

If you attempt to use “Send money” and you fail to enter the correct or valid details of the recipient, we will not process the transaction and shall notify you of this.

For any purchases, we receive your transaction instructions when we receive the transaction message from the retailer. For “Send money” transfers, we receive your transaction instructions when we receive the transaction message.

For other transactions including redemption requests, we receive your transaction instructions at the time you ask us to complete the transaction, unless you request a transaction after 4.00pm on a business day or at any time at the weekend, in which case the transaction instruction will count as having been received by us on the next business day.

You can withdraw authorisation up until the point at which the transaction can no longer be cancelled. This means that you can only withdraw authorisation for immediate payments before we receive your transaction instructions and for transactions at a later date (e.g. a direct debit) if you tell us by telephoning the Vodafone SmartPass customer service team before the end of the business day before the day on which the transaction is due to happen.

10. Your rights

You can claim refunds of transactions from us if:

• you did not authorise the transaction in accordance with this agreement and you tell us of the unauthorised or incorrectly executed transaction without delay and at the very latest within 13 months of the debit date. We will refund the amount immediately; or
• a pre-authorised transaction did not specify the exact amount when you authorised it and the amount charged by a merchant is unusually high, as long as you notified us of this without delay and at the very latest within 8 weeks of the debit date. Within 10 business days of receipt of your claim, we will refund the amount involved or inform you of any further information we need to confirm your right to a refund.

We will not be liable for your losses if there has been fraud, negligence or breach of this agreement by you or if you have not informed us that your Companion Card, Vodafone SmartPass Tag or a mobile phone device with Vodafone SmartPass SIM and/or Vodafone SmartPass App on it has been lost or stolen. In these circumstances we may reverse any refund we have made to you and you will be legally responsible for any losses or expenses that we suffer from your use of the Vodafone SmartPass Account.

11. Restrictions

We might sometimes need to impose restrictions by blocking or cancelling your Vodafone SmartPass Account, Companion Card, Vodafone SmartPass Tag and/or Vodafone SmartPass App, refusing to process transactions, or refusing to top up funds to your Vodafone SmartPass Account.

We can take these steps to restrict the use of your Vodafone SmartPass Account, Vodafone SmartPass App and/or your Companion Card or Vodafone SmartPassTag if:

• your Companion Card or Vodafone SmartPass Tag or a mobile phone with your Vodafone SmartPass App on it has been lost or stolen;
• we have security concerns or suspect your Vodafone SmartPass Tag, Companion Card, Vodafone SmartPass Account and/or Vodafone SmartPass App is being used in an illegal or suspicious way; or
• we need to do so to comply with the law.

If we take these steps, we will let you know before doing so if possible, or otherwise immediately afterwards, giving our reasons, unless letting you know would compromise reasonable security measures or be otherwise unlawful.

We will unblock your Vodafone SmartPass Account, Companion Card or Vodafone SmartPass Tag, Vodafone SmartPass SIM and/or Vodafone SmartPass App (as relevant) or replace your Vodafone SmartPass Tag or Companion Card with a new one without undue delay after the reasons we stopped its use cease to exist. If you want to discuss any restrictions we impose you can do so by contacting the Vodafone SmartPass customer service team.

We may refuse to process a transaction if:

• you do not have sufficient funds on your Vodafone SmartPass Account for a transaction you have ordered;
• the transaction exceeds any applicable limit or usage restriction set out in Fees and Usage Restrictions;
• you have failed to pay any shortfall, fees or charges;
• you are in breach of this agreement;
• your Vodafone SmartPass Tag, Companion Card or a mobile phone with your Vodafone SmartPass SIM and/or Vodafone SmartPass App on it has been lost or stolen;
• we have security concerns or suspect you are using your Vodafone SmartPass Account in an illegal or suspicious way; or
• the transaction instruction is ambiguous, incomplete or contains a manifest error.

If we refuse to process a transaction because we think it is potentially suspicious or illegal, where we are permitted to do so by applicable law we will contact you by phone. If we refuse to process a transaction for any other reason, we will inform you by email without undue delay and in any event by the end of the next business day, giving our reasons and explaining how you can correct any information we hold that led to us refusing to process the transaction, unless informing you would compromise reasonable security measures or be unlawful.

12. Cancellation (Ending this Agreement)

We may cancel this agreement on two months’ written notice if:

• you are in breach of this agreement;
• you fail to pay any shortfall, fees or charges within the time allowed under this agreement; or
• you act in a threatening or abusive manner to our staff or anyone acting on our behalf.

We may also cancel this agreement, or suspend your Vodafone SmartPass Account, Vodafone SmartPass Tag, Companion Card or Vodafone SmartPass SIM and/or use of the Vodafone SmartPass App, immediately if we believe your Vodafone SmartPass Account is deliberately being used by you to commit fraud or for other illegal purposes, if we do this, we will tell you as soon as we are permitted to do so by email.

If we suspend your Vodafone SmartPass Account, Vodafone SmartPass Tag, Companion Card or Vodafone SmartPass SIM and/or use of the Vodafone SmartPass App, or if we or you cancel this agreement, you must immediately stop using your Vodafone SmartPass Account, Vodafone Smart Pass Tag, Companion Card or Vodafone SmartPass SIM and/or Vodafone SmartPass App.

If you cease to be a Vodafone customer, you will no longer be entitled to use your Vodafone SmartPass SIM and we will give you notice when blocking your Vodafone SmartPass SIM and then, if possible, deleting the digital card installed on the SIM from your mobile phone. Your Vodafone SmartPass Account including your balance will continue to exist. If you have a Companion Card you can continue to use this. Otherwise, you can close your Vodafone SmartPass Account and redeem your funds as set out in section 14 or request a new Vodafone SmartPass pack.

13. Closing your Vodafone SmartPass Account and redeeming your funds

You may cancel your Vodafone SmartPass Account at any time without notice and you can claim back (i.e. redeem) some or all of the funds that you have topped up to your Vodafone SmartPass Account. To do this please contact the Vodafone SmartPass customer service team by email help@vodafonesmartpass.com, calling +44 (0) 1635 692 198 or by post to Wirecard Card Solutions Limited, PO Box 1324, Newcastle Upon Tyne NE99 5DZ.

After we have deducted the cost of all your transactions and applicable fees, we will return any funds remaining on your Vodafone SmartPass Account within 5 business days, subject to any identity checks that we may need to complete and as long as we are satisfied that there is no fraud or negligence on your part. You must tell us how you wish us to return your funds.

The options for returning your funds to you are:

• returning the funds to the source they were topped up from (e.g. transfer to your personal bank account); or
• sending the funds to a personal bank account that is in the same name as your Vodafone SmartPass Account.

14. Vodafone SmartPass expiry

Replacements
Your Companion Card or Vodafone SmartPass SIM:
If you ask us to replace a lost or stolen Companion Card, or if your current one expires, or if a mobile phone with your Vodafone SmartPass SIM on it has been lost or stolen, we will provide a replacement Vodafone SmartPass pack.

If you do not wish to receive a replacement Vodafone SmartPass pack you should contact us at least 5 business days before your current Companion Card expires and ask us not to replace it. You can then claim back (i.e. redeem) the remaining funds on your Vodafone SmartPass Account following the process described in section 13.

Your Vodafone SmartPass Tag:
You are entitled to one Vodafone SmartPass Tag and when it expires, or it is lost or stolen, or stops working, we will not replace it with another Vodafone SmartPass Tag automatically. You can continue using your Companion Card and apply for Vodafone SmartPass SIM (if you fulfil the criteria in section 2). If you request a new Vodafone SmartPass Tag instead of applying for Vodafone SmartPass SIM, a new Vodafone SmartPass pack containing both a new Vodafone SmartPass Tag and Companion Card will be provided.

Replacement fees
If the Fees and Usage Restrictions include a fee for a replacement Vodafone SmartPass pack, we will automatically deduct this fee from your Vodafone SmartPass Account balance. If a fee applies and you do not have sufficient funds in your Vodafone SmartPass Account to cover the fee, you must top up your Vodafone SmartPass Account to cover the shortfall of funds, within 90 days. If you do not do so, we may terminate this agreement as described in section 12.

Your Vodafone SmartPass Account:
Your Vodafone SmartPass Account will expire 24 months from the date on which it is first activated, however, it will be automatically renewed. If a renewal fee is set out in the Fees and Usage Restrictions, we will automatically deduct the fee from your Vodafone SmartPass account balance. If a fee applies and you do not have sufficient funds in your Vodafone SmartPass account to cover it, you must top-up your Vodafone SmartPass account to cover the shortfall of funds, within 90 days. If you do not do so, we may terminate this agreement as described in section 12.

15. Vodafone SmartPass security

You should keep your Vodafone SmartPass Account, Vodafone SmartPass Tag, Companion Card and any mobile phone on which you have Vodafone SmartPass SIM and/or the Vodafone SmartPass App safe and secure. You should memorise your Vodafone SmartPass App PIN, Companion Card PIN, Passcode and account password. You should also destroy any Vodafone SmartPass App PIN, Companion Card PIN, Passcode or account password notification and never disclose these or any other security information to anyone. If you suspect that someone else knows your Vodafone SmartPass App PIN, Companion Card PIN, Passcode and/or account password you must inform us immediately and change it as soon as possible.

Please report to us immediately if your Vodafone SmartPass Tag, Companion Card or your mobile phone on which you have your Vodafone SmartPass SIM and/or Vodafone SmartPass App, is lost or stolen. Please also contact us immediately if you have any concerns in relation to any transactions or your Vodafone SmartPass App PIN, Companion Card PIN, Passcode or account password. Please call our 24-hour lost and stolen SmartPass helpline on +44 (0) 1635 692 198. If you report a lost or stolen Vodafone SmartPass Tag, Companion Card or mobile phone on which you had your Vodafone SmartPass SIM and/or Vodafone SmartPass App, we may require you to complete and return a declaration form to us.

Please note that we may deduct up to £50 from any refund of a transaction, that was made using your Vodafone SmartPass App PIN, Companion Card PIN, Passcode and account password or other security information, before you notified us of the loss or theft of your Vodafone SmartPass Tag, Companion Card or mobile phone on which you had your Vodafone SmartPass SIM and/or Vodafone SmartPass App.

16. Our liability

We will not be liable to you for any loss arising from:

• any abnormal or unforeseen circumstances outside of our control, where we could not have avoided those consequences even though we made all efforts to do so;
• for any merchant refusing to accept your Vodafone SmartPass Tag, Companion Card or Vodafone SmartPass SIM; or
• our compliance with applicable legal or regulatory requirements.

We will also not be liable for:

• business interruption or for loss of revenue, reputation, goodwill, opportunity or anticipated savings; or
• any loss or damage whatsoever which does not stem directly from our breach of this agreement.

We will provide the Vodafone SmartPass App ‘as is’, and we do not guarantee that it will be fault free or accept any liability for any errors or omissions. We will use reasonable efforts to make the Vodafone SmartPass App available to you, but we will not be liable to you if it is unavailable at any time, or if access to the Vodafone SmartPass App is interrupted.

17. Disputes with retailers

If you have any disputes about purchases made using your Vodafone SmartPass Tag, Companion Card, Vodafone SmartPass SIM or Vodafone SmartPass App, you should settle these with the person you bought the goods or services from.

18. Changes to this agreement

We may update this agreement from time to time and will post any new version on the website and also notify you by email, text to your mobile phone or otherwise with a copy of the proposed new version at least 2 months before the change is due to take effect. The most up-to-date version of this agreement will always be available on the website.

If you do not agree with the changes please let us know within 2 months of our notice to you, otherwise you will be taken to have accepted the notified change and the new agreement. In any event you always have the right to cancel this agreement in accordance with section 13.

19. Your details

You confirm that any information you provide to us during registration and under this agreement is true, accurate and up to date. You must let us know as soon as possible if you change your name, residential address, mobile phone number or email address. We will use the most recent contact details you have provided to us to contact you. Any email to you will be treated as being received as soon as it is sent by us. We will not be liable to you if your contact details have changed and you have not told us.

20. Data protection and how we use your information

We will process your personal data in accordance with this agreement and our Privacy Policy. Please read the Privacy Policy carefully to understand our views and practices regarding your personal data and how we will treat it.

You can ask for access to any data that we hold about you and you can ask us to amend or update the data we hold about you.

We will share how you use the service and records of your transactions with Vodafone. Vodafone will use these details to provide and improve the service.

If you choose to receive Vodafone marketing, we will also pass your contact details, to enable them to contact you.

Vodafone will process your personal data in accordance with its own Privacy Policy, View Vodafone’s Privacy Policy.

21. Contact

If you have a question or a concern about your Vodafone SmartPass Account please contact the Vodafone SmartPass customer service team by email at help@vodafonesmartpass.com, by calling +44 (0) 1635 692 198, or by post to Wirecard Card Solutions Limited, PO Box 1324, Newcastle Upon Tyne, NE99 5DZ.

22. Compensation

The UK’s Financial Services Compensation Scheme does not apply to your Vodafone SmartPass or your Vodafone SmartPass Account. No other compensation scheme exists to cover losses claimed in connection with your Vodafone SmartPass Account.

23. Complaints

If you have any complaints or queries about your Vodafone SmartPass Account and/or Vodafone SmartPass, please contact the Vodafone SmartPass centre: by email to help@vodafonesmartpass.com, by calling +44 (0) 1635 692 198, or by post to Wirecard Card Solutions Limited, PO Box 1324, Newcastle Upon Tyne, NE99 5DZ.

If we do not resolve your complaint about your Vodafone SmartPass Account, you can refer it to the UK Financial Ombudsman Service who offer a free complaints resolution service available by telephone on 0300 123 9123 or 0800 023 4567 on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm or by post at South Quay Plaza, 183 Marsh Wall, London, E14 9SR, or by email enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and, if you need it, you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.

24. General

24.1 Transfer

We may transfer our rights and obligations under this agreement to another person on giving you 2 months’ notice. If we do this, your rights under this agreement will not be affected. This agreement is personal to you. You may not transfer or sub-licence your rights or obligations to anyone else.

24.2 Transfer to a new Vodafone SmartPass Account

We may transfer your unused balance (at no cost to you) to a new Vodafone SmartPass Account provided by a card issuer other than Wirecard at any time by giving you 2 months’ notice.

24.3 Ineffective terms

If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

24.4 Governing law and language

This agreement is governed by English law and we both agree to the non-exclusive jurisdiction of the English courts. This agreement is in English and all communication with you will be in English.

Vodafone SmartPass Fees and Usage Restrictions

By registering your Vodafone SmartPass account you agree to pay all applicable fees, as set out below:
 

Vodafone SmartPass Fees (£)
Registration fee	FREE
Top-up fees
Electronic bank transfer top-up fee	FREE   The fee for topping up your Vodafone SmartPass account by bank transfer from your online bank account. Note – The issuer bank (the bank from which the transfer is made) may apply fees or charges for this service.
Voucher top-up fee	FREE Alphanumeric codes which enable you to top up your Vodafone SmartPass account.
Debit card top-up fee	FREE  You can use your debit card - Visa or MasterCard to top up your Vodafone SmartPass account.
Credit card top-up fee	3%    You can use your credit card (Visa or MasterCard) to top up your Vodafone SmartPass account. This fee will be waived until 31 March 2015
Cash Withdrawal from an ATM	Not applicable Your Vodafone SmartPass account cannot be used to withdraw cash at bank counters or ATMs in the UK or overseas
Topups not in Pounds Sterling (£) - foreign exchange fee for topups	2.99% Your Vodafone SmartPass account is in BRITISH POUNDS STERLING (£) Fee (% of the amount of the payment) charged for each payment made in a foreign currency.
Usage fees
UK fee for using your Vodafone SmartPass Account to purchase goods and services	FREE
"Send Money" fee (person-to-person transfer)	£0.10 Fee for sending money from your Vodafone SmartPass account – as if it were a text – to the account of any other Vodafone SmartPass user. Fee for each amount sent and each recipient. This fee will be waived until 31 March 2015
Sending electronic transfer fee	FREE
Currency conversion
Transactions not in Pounds Sterling (£)	Transactions in currencies other than British Pounds Sterling will be converted using the applicable VISA® exchange rate set by VISA® on the date the transaction is processed (which may be different from the date of the actual transaction).
Foreign exchange fee clearings	2.99%
Cancellation of your Vodafone SmartPass (including redeeming your funds)
Cancellation	FREE
Information and alerts
Use of the Vodafone SmartPass app	FREE
24-hour lost and stolen Vodafone SmartPass helpline	Local call rates; standard network rates if abroad
Other
Chargeback (applies if we need to return a TopUp to your debit or credit card because the card issuer believes the transaction may be fraudulent)	£15.00 per chargeback
Issuance of Vodafone SmartPass Tag and Companion Card (including delivery)	FREE
Issuance of Vodafone SmartPass SIM pack (NFC SIM and Companion Card)	FREE
Companion Card and Vodafone SmartPass Tag replacement fee	£7.50 (discretionary) A discretionary replacement fee (re-issue and resending) due to loss, theft, destruction, of the Companion Card for conventional card payments may be applied. Important: the previous Companion Card will be deactivated at the time of the new request. A new Companion Card will also have to be issued if you forget the Companion Card PIN for the previous card. Replacements may be requested by calling Vodafone customer service on 01635 692 198. Estimated delivery time: five business days following the request to customer services.
Vodafone SmartPass Account renewal fee	£0.00
Vodafone SmartPass Account renewal period	12 months from the date your Vodafone SmartPass Account is activated
Inactivity Fee	£0 Your Vodafone SmartPass Account does not have any fee for inactivity (see below)
Period of inactivity (number of consecutive months in which your Vodafone SmartPass Account does not record at least one incoming or outgoing payment (not including fees)).	12 months
What we mean by inactivity	No incoming or outgoing change (not including fees) in the balance of your Vodafone SmartPass Account. We reserve the right to close your Vodafone SmartPass account if you have not used it in over 12 months. We will let you know if we are going to close your Vodafone SmartPass Account, and will close it after a 30-day notice period. If there are any funds on your Vodafone SmartPass Account, we will charge an administration fee of £1 a month. When the balance on your Vodafone SmartPass Account reaches £0, we will close it.
Annual fee	FREE
Administration Fees	As defined above “What we mean by inactivity”.

 

Vodafone SmartPass Usage Restrictions
	Available if identity is not confirmed?	Available if identity is confirmed?
Vodafone SmartPass Account is reloadable	Yes	Yes
Vodafone SmartPass Account can be used for transactions	Yes	Yes
Vodafone SmartPass Account can be used for making a person-to-person transfer ("Send Money")	No	Yes

 

Vodafone SmartPass Limits
	Available if identity is not confirmed?	Available if identity is confirmed?
Balance
Maximum  balance	£1,500	£5,000
Spending
Maximum yearly spending	£2,200	£30,000
Person-to-person transfers ("Send Money")
Maximum value of transfers made using "Send Money" a day	-	£500
Maximum value of transfers made using "Send Money" a week	-	£2,000
Top-ups (general)
Maximum single or total value of topups per day	£1,500, but account must not exceed its maximum balance of £1,500	Account must not exceed its maximum balance of £5,000
Maximum topup a calendar month	£1,500	£8,500
Maximum topup a calendar year	£2,200	£30,000
Top-ups from other cards (debit, credit or pre-payment)
Maximum value of topups by card a day	£100	£500
Maximum value of topups by card a week	£200	£500
Top-ups by electronic bank transfer
Maximum value of topups by electronic bank transfer a day	£700	£2,000
Maximum value of top ups by electronic bank transfer a week	Account must not exceed its maximum balance of £1,500	Account must not exceed its maximum balance of £5,000
Top-ups by voucher
Maximum value of topups by voucher a day	£200	£200
Maximum value of topups by voucher a week	£200	£200
Maximum value of topups by voucher a month	£200	£200
Maximum value of topups by voucher a year	£200	£200