The use of your card is subject to the following terms, which form a binding agreement between you and the issuing Bank (hereinafter referred to as “the Bank”, “us”, “we” or “our”).
1.1 “account” means the record maintained by us of the funds held on the transactional card.
1.2 “account holder” means a person sixteen (16) years or older or a corporate customer, with whom an account has been opened by the bank or reseller.
1.3 “agreement” means the contract between you and the Bank as set out in these terms and conditions.
1.4 “ATM” means an Automated Teller Machine.
1.5 “bank” means a registered financial institution who has a license to issue a Visa card.
1.6 “card” means the pre-funded transactional card issued by the bank and sold by the reseller.
1.7 “cardholder” means any person/corporate to whom a card is issued.
1.8 “card services” means any services provided by us or service provider(s) in connection with the card.
1.9 “client services” means the call and support centre to which all queries, requests for assistance and complaints should be addressed.
1.10 “contactless” means the customer is able to transact by holding their card within the wireless range of the point of sale device without swiping or using the point of sale device pin pad to key in a PIN.
1.11 “currency wallet” means any one (1) or more currencies that we may make available in connection with the card from time to time.
1.12 “EDC terminal” means a chip-enabled electronic data capture terminal at a merchant's point of sale.
1.13 “merchant” means an entity that contracts with a bank (or other organization which is a Visa member) to originate merchant transactions and that displays a Visa Acceptance Mark.
1.14 “merchant transaction” means a transaction for the supply of goods or services entered into between you and a merchant.
1.15 “personal information” is the information collected from you when you are provided with the card services, including any application form, correspondence, e-mails, telephone calls, Internet communications and the transactions on your account.
1.16 “PIN” means a Personal Identification Number used to access certain card services.
1.17 “reseller” means an entity with whom the Bank has entered into an agreement to issue the Vivere pre-funded currency card.
1.18 “security details” means some of the information provided by you when applying for the card.
1.19 “transaction” means:
2.1 Any application for a card is subject to the Bank's approval criteria. The application may be declined at the Bank's discretion.
2.2 The reseller will request certain information, including personal information from you before your application will be considered.
2.3 You must provide complete and accurate information.
2.4 The Bank and the reseller may perform electronic checks on the information provided by you and your personal information may be disclosed to a registered body as required by law and by applying for a card you agree to such disclosure.
2.5 The account holder and cardholder are subject to regulatory compliance in terms of any anti-money laundering and “Know your Customer” duties as imposed on the Bank in terms of the Financial Intelligence Centre Act 38 of 2001 and any other applicable anti-money laundering legislation and regulations.
2.6 You must sign the card on the reverse side as soon as you receive it.
2.7 The card is not a credit card and all use is limited to the amount pre-funded and standing to the credit of the account and any other limits referred to in these terms.
2.8 There is no interest payable to you on a credit balance on the account and the account does not constitute a deposit with us.
2.9 For the issuance of a card to a minor under the age of sixteen (16) years, we require a signature from the minor's parent or legal guardian.
3.1 The card is activated and ready for use at the time of issue to you.
3.2 These terms shall apply without reservation with effect from the date on which the card is issued to you.
3.3 The card is only for your use and expires on the date on the front of the card.
3.4 Should you be traveling abroad, you can contact Client Services, which will arrange for the funds in the account to be made available at an emergency cash provider, subject to availability.
3.5 Where a card is lost, stolen or damaged prior to you traveling abroad you can request a replacement by visiting a reseller branch and providing your valid identity document or valid passport.
3.6 Where a card is lost, stolen or damaged while abroad a replacement card can be forwarded to you by courier for collection.
3.7 You agree that all costs may be debited to the funds in your account.
3.8 We will not be liable for any delays in delivery or funds transfer outside our reasonable control.
4.1 Your account will be debited with the amount of each cash withdrawal or transaction plus any fee and these debits will reduce the balance of the applicable currency wallet and therefore the total of the account. Merchants that accept the cards are required to seek authorization from us for all the transactions that you make and we cannot stop a transaction once authorized. Some merchants may not be able to authorise your transaction if they cannot obtain an online authorization from us. Examples include but are not limited to some in-flight purchases, car park vending machines and toll booths.
4.2 If there are insufficient funds in the applicable currency wallet loaded onto your card, the transaction may be declined or the merchant may allow you to pay for the transaction by some other means. You may transfer funds from another currency wallet to ensure that sufficient funds are available in the applicable currency.
4.3 You agree to accept a credit to your account if you are entitled to a refund for any reason for goods or services purchased using the card.
4.4 We cannot stop a transaction or payment once you authorise the use of the card.
4.5 The Bank will not be responsible for any loss arising from any failure, malfunction or delay in any electronic point of sale device, EDC terminal or ATM, or any supporting or shared networks, where applicable, resulting from circumstances beyond the reasonable control of the Bank and for which the Bank is not responsible.
4.6 You must comply with all laws and regulations (including any foreign exchange controls) in respect of the card in the country of purchase or use.
4.7 The card is not transferable.
4.8 The card may not be used for any unlawful purpose, including the purchase of goods or services prohibited by any law. It is your responsibility to determine whether a transaction is lawful before you use the card.
4.9 We reserve the right to suspend the card, terminate this Agreement and exercise any other remedies available to us due to your failure to comply with any of these terms.
4.10 When the card is used to purchase fuel at an automated fuel pump, the card must have a minimum balance of USD 75 or currency equivalent. This is to ensure there are sufficient funds available to cover the final cost of the transaction and to reduce the risk of a negative balance arising on the card. If you spend less than the minimum amount when purchasing fuel, it may take up to seven (7) days from the date of the transaction before the difference is available to spend. Only the actual amount of the final bill agreed between you and the merchant will be deducted from the card. If the value of the final bill exceeds the relevant available currency balance on the card, the remaining amount will be funded by converting that amount into the next available currency in the order of priority (see clause 9.8).
5.1 There are limits on:
5.1.1 Daily point of sale and ATM transaction amounts.
6.1 The account holder is the source and owner of all funds loaded onto the card.
6.2 You will be able to access your account through Client Services, the Online Service or via Vivere Mobile Application (”the Mobile App”) to:
6.2.1 check your balance;6.3 You are responsible for ensuring that we have your correct cell phone number and e-mail address at all times. We will not be responsible if an SMS or e-mail is sent to the incorrect number or address if you have not updated your records with us.
6.2.2 check your transactions; and
6.2.3 transfer funds between currency wallets on the card.
7.1 Should a dispute arise between the Bank and the account holder arising out of the use of the card and related services, such dispute shall be finally resolved in accordance with the rules of the Arbitration Foundation in the country of the issuing bank by an arbitrator appointed by that foundation. The account holder or the reseller may demand that a dispute be referred to arbitration by giving written notice to that effect to the other party.
7.2 This clause shall not preclude the account holder or the Bank from obtaining urgent interim relief from a court with competent jurisdiction pending the decision of the arbitrator.
7.3 The arbitration shall be held at a location specified by the issuing bank in English and shall be completed within twenty-one (21) days after it is demanded. The decision of the arbitrator:
8.1 The Bank may charge interest on any overdrawn accounts.
9.1 All applicable fees and charges are available from the issuing bank or reseller.
9.2 You will be charged a fee when you purchase the card.
9.3 For each withdrawal made from an ATM you will be charged a fee. Some merchants and ATM operators may also charge you an additional fee that will be deducted from the account. You are responsible for any foreign ATM network surcharges applicable when using a foreign ATM.
9.4 For as long as there is a positive balance on the card and the account has been inactive for twelve (12) months, a monthly inactivity fee will become payable from month thirteen (13).
9.5 You will be responsible for the cost of replacing or re-issuing any card.
9.6 Deposits to the account will attract a fee as advised by the reseller from time to time.
9.7 Fees will be recovered by debiting the fees to the account.
9.8 If there are insufficient funds in a particular currency wallet to pay for a transaction, the transaction will be processed through a hunting facility which will identify a wallet with sufficient funds to complete the transaction, no partial redemptions, the alternate wallet must have sufficient funds to honour the full transaction. If there are insufficient funds in any of the other wallets to complete the transaction, the transaction will be declined. You may at any time transfer funds to the applicable currency wallets.
9.9 If you transfer funds between currency wallets on your card, the exchange rate plus an additional currency conversion fee will apply.
9.10 A currency conversion fee will be charged when transactions are debited to another currency wallets(s) on your card.
9.11 The exchange rate used for the currency conversion is determined by the Bank on the day the transaction is processed.
9.12 The bank may decide to charge a monthly account fee
A transaction history is available online or via the reseller. Alternatively, your transaction history may be accessed via the Mobile App.
11.1 You may close your account at any time by visiting the reseller.
11.2 Your account will remain open and will continue to attract monthly inactivity fees, even after the card has expired, until the balance on the account is zero (0), unless you advise the reseller that you wish to close your account.
11.3 If the card has already expired and a positive balance is available after fees are deducted the reseller will pay you the balance converted to your local currency at your request.
11.4 If the card is inactive for a continuous period of twelve (12) months, the account will be flagged as dormant and the fees deducted as per clause 9.4 from the balance of the account.
11.5 You will remain liable for all outstanding amounts and transactions effected subsequent to the account being closed.
11.6 You must destroy the card so that it cannot be used again by cutting through the chip. A card that is not destroyed correctly may still be used, and should this happen you will be responsible for the transactions.
11.7 We may choose at any time to revoke your card and use of the card may be suspended or terminated from time to time for any reason. The Bank will have no liability of any nature and however arising in consequence of any such suspension or termination. If we suspend or terminate your right to use the card, we will notify you accordingly and you must destroy your card as set out in clause 11.6.
11.8 We may ask for the return of the card, cancel or suspend its use and end this Agreement if:
12.1 You must keep the card, the security details, and any PIN safe and secure by:
13.1 If the card is lost or stolen, likely to be misused, or if you suspect that someone else may know the PIN or security details you must stop using the card and immediately notify Client Services. We will suspend the account to prevent further use.
13.2 You may be required to confirm details of the loss, theft or misuse to us in writing.
13.3 You must assist us and the police in any enquiries and attempts to recover a lost or stolen card.
13.4 If any lost card is subsequently found, it must not be used unless Client Services confirms that it may be used
14.1 You will be liable for ALL losses if:
14.1.1 any card is misused with your consent,14.2 Provided that we have been notified under clause 13.1 to enable us to suspend the account to prevent further use, if the card is lost, stolen or misused you will not be liable for any transaction which you have not authorized, unless you have acted fraudulently or have failed to follow the card security rules (see clause 12).
14.1.2 you have been negligent, or including failing to follow the card security rules (see clause 12),
or
14.1.3 you have acted fraudulently.
16.1 In the absence of our negligence or wilful misconduct we will not be liable to you for any loss or damage of whatsoever nature and howsoever arising, including but not limited to, any loss or damage that you may suffer as a result of our provision of incorrect information to any person (including any credit reference agency) if such information was provided by us in good faith and without negligence on our part.
16.2 We are not responsible for ensuring that merchants, ATMs and point of sale terminals will accept the card or for the way in which a merchant processes a transaction.
16.3 Should you instruct the reseller to hand your card to couriers for collection by you or delivery to you, you hereby hold the Bank and the reseller harmless against any claims, damages and losses arising from such instruction.
16.4 The account holder will be liable for payment of any debit balance due to a valid card transaction and related fees that accrue on an active card or subsequent to the card or account being closed.
17.1 Your personal information may be used to:
17.1.1 enable us and the reseller to provide the services in terms of this Agreement and in connection with your account and for verification of your identity;17.2 Your personal information will be accessible by our service providers.
17.1.2 protect against and prevent fraud, unauthorized transactions, claims and any other liabilities;
17.1.3 operate, evaluate and improve our business (including developing new products and services, managing our communications, determining the effectiveness of our advertising, analysing our products and services, training, performing and producing data reports and analyzes that do not identify you as an individual, and performing accounting, billing, reconciliation and collection activities).
17.3.1 if we are required to do so by law;17.4 Your personal information might be processed outside your country but all service providers are required to have adequate safeguards in place to protect your personal information.
17.3.2 to law enforcement authorities or other government officials or
17.3.3 when we believe disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraud or illegal activity.
18.1 We shall send notices to the postal address or where applicable, to the physical address specified in your card application form. It is your responsibility to notify us immediately in writing of any change to your address or contact details.
18.2 You shall send any notices or other communication to;
Vivere Global Ltd
19th Floor Newton Towers
Sir William Newton Street
Port Louis
Mauritius
18.3 We are entitled but not obliged to send you any notices to the address which you have specified in your card application form. Such communication will be regarded as having been received by you, unless the contrary is proved.
19.1 Irrespective of any product dispute you may have with the merchant, such dispute will not affect our right to effect payment to the merchant.
19.2 You may not vary any of these terms.
19.3 If there is any inconsistency between our records and your records, our records will prevail and you will bear the onus of proving that our records are incorrect.
19.4 Every provision of this Agreement is deemed to be separate and severable, the one from the others. Should any provision be found to be unenforceable for any reason, the remaining provisions shall nevertheless continue to be of full force and effect.
19.5 This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa.
19.6 We may assign any of our rights and obligations under this Agreement, without your consent to any other person or business, subject to such party continuing the obligations under this Agreement to you.
19.7 If you have more than one contactless card, please ensure that they are kept separately, to avoid collision transactions which is when both cards are debited. The contactless functionality will only be available at selected merchants.