Curve Terms of Service

Version: 12.06.17

1. Our Relationship With You

1.1. Acceptance of this Agreement

By submitting your Curve card order you accept the terms and conditions of this Agreement.

1.2. Parties

Curve 1 Limited is a UK registered company No. 9523903 (“Curve”). Curve does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. Wirecard Card Solutions Limited is a UK registered company No. 07875693 authorised and regulated in the UK by the Financial Conduct Authority to issue e-money (Firm Reference Number: 900051) (“the Issuer”). The Curve Card (Curve Prepaid Mastercard®) is issued by the Issuer and promoted by Curve as a distributer. You are the person entering into this Agreement to use the Service.

1.3. How the Curve Card works

- 1.3.1. Your Payment Cards are used to load the e-money account linked to your Curve Card.

- 1.3.2. You use the Curve App to submit details of the different payment cards you want to use via the Curve Card and you nominate one of your Payment Cards as your default payment card via the Curve App.

- 1.3.3. You can change the default payment card at any time.

- 1.3.4. If your default Payment Card account does not have sufficient funds in it to complete the transaction the transaction will be declined. When you use the Curve Card, you purchase e-money for the value of the transaction using your default Payment Card and that e-money is then immediately used to pay the retailer or cash withdrawal provider, as the case may be. Such e-money is purchased and consecutively loaded onto the e-money account linked to your Curve Card and then spent or withdrawn.

1.4. Your Curve Account

- 1.4.1. The Curve Card accesses your Account which stores e-money.

- 1.4.2. E-money is not covered by the Financial Services Compensation Scheme.

- 1.4.3. Your Account is a Business Account. Unless otherwise agreed, you may hold not more than one Business Account.

- 1.4.4. Holders of certain Business Accounts may be required to upgrade their accounts (which may include providing further information to Curve) in order to use all of the functionality available on the Account.

- 1.4.5. You agree that your Curve Account is a Business Account. The Curve Card attached to your Account is a ‘Commercial Card’ as defined by the EU Multilateral Interchange Fee Regulation therefore its use by you must be limited to business expenses.

- 1.4.6. To obtain verified status which enables you to use your Account you must link at least one Payment Card to your Account and provide any supplemental business information requested by us.

- 1.4.7. Curve may, in its discretion from time to time, require you to pay from one of your Funding Sources into your Account to be held as Pre Fund Authorisation. You must select your Funding Source for such payment from the Curve App.

- 1.4.8. Curve may, from time to time, make available to you other methods or procedures for you to obtain “verified” status. By highlighting a User as “verified” Curve only represents that the verified user has completed the steps of the process to obtain “verified” status.

1.5. Your Privacy

Protecting your privacy is very important to Curve. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your Information.

1.6. Intellectual Property

As between you and Curve, all Intellectual Property Rights and all other rights in relation to the Curve Card shall be owned by Curve. Curve licenses all such rights to you on a non-exclusive basis to such extent as is necessary to enable you to make reasonable use of the Curve Card. If this Agreement expires or is terminated in accordance with section 4.2 or 7.7, this licence will automatically terminate.

1.7. Assignment

- 1.7.1. This Agreement is personal to you and you shall not assign, transfer, or deal in any other manner with any of its rights and obligations under this Agreement without Curve’s prior written consent.

- 1.7.2. You are not permitted to transfer your Account to a third party.

- 1.7.3. This does not affect your rights to close your Account under section 4.

1.8. Notices to You

- 1.8.1. We will communicate with you in the same language as this Agreement.

- 1.8.2. You agree that Curve may provide notice or other information to you by posting it on the Curve website(s) or the Curve App (including the posting of information which is only accessed by you by logging into your Account), emailing it to the email address listed in your Account, mailing it to the street address listed in your Account, calling you by phone, or sending you an SMS message or in-app notification. You must have internet access and an e-mail account to receive communications and information relating to the Services.

- 1.8.3. With the exception of amendments to this Agreement, such notice shall be considered to be received by you within 72 hours of the time it is posted to the Curve website(s) or the Curve App or emailed to you. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent.

1.9. Notices to Curve

Notices to Curve made in connection with this Agreement must be sent by email to support@imaginecurve.com.

1.10. Amendments to this Agreement

- 1.10.1. We may at any time unilaterally amend, delete or add to this Agreement, including the Fees and other amounts which apply to your Account (as set out in Schedule 1) (a “Change”) by giving you at least 2 months’ notice of such Change by posting a revised version of this Agreement on the Curve website(s).

- 1.10.2. If you do not accept any Change, you are entitled to close your Account following the account closure procedure set out in section 4 before any change comes into force.

- 1.10.3. If you do not object to a Change by closing your Account within the 2 month notice period, you will be deemed to have accepted it.

- 1.10.4. While you may close your Account at any time and without charge, you may still be liable to us after you terminate this Agreement for any liabilities you may have incurred and are responsible for prior to terminating this Agreement and please note our rights under section 4.

2. Your Eligibility

2.1. To be eligible for our Services, you must:

- 2.1.1. be a resident of one of the countries listed in the Single Euro Payments Area;

- 2.1.2. have full legal capacity to enter into a contract; and

- 2.1.3. if you are an individual, be at least 18 years old.

2.2. You further represent and warrant to us in opening an Account with us that you are not acting on behalf of, or for the benefit of, anyone else.

2.3. If you are not acting for the company that you own, the new Account must be in your own name only.

3. Spending Money with Curve

3.1. Spending Limits

We may at our reasonable discretion set spending limits on your Account. You can view limits in the Limits Table at the end of this document, and in the Fair Use Policy available on the Curve website.

3.2. Varying your spending limit

Once you have gathered at least eight weeks of regular spend data you may contact Curve Support to request higher spending limits. You authorise Curve to carry out risk checks on your identity, your business and your account usage in order to determine whether your limits can be increased. Should increased limits not be granted the decision of the Curve Risk team is final but you are permitted to reapply for higher limits again after a period of 3 months has elapsed from the date that the previous decision has been made.

3.3. Curve may, from time to time, require you to, or provide you with the option of, carrying out other methods or procedures to lift your spending limit.

3.4. Funding Sources

1. Preferred Funding Source (See Section 16 for definitions)

2. Default Funding Source (if you have chosen to enable this feature once available)

3. Pre-Fund Authorisation (once available)

3.5. Cards as Funding Sources:

- 3.5.1. By adding a Payment Card as a Funding Source, you are providing Curve with a continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a Funding Source pursuant to this Agreement.

3.6. Preferred Funding Source

You must select a Preferred Funding Source each time you make a payment. You may do so on the Curve App by clicking on the selected card image to change your payment method and following in-app instructions.

3.7. Offline Transactions

Some payments are not transmitted to Curve in real-time. For example, contactless payments or online transactions in selected merchants, that only charge you when they dispatch the goods. In such cases, Curve is unable to determine the Preferred Funding Source, and will always defer to the Preferred Funding Source selected at the time it receives the payment request.

3.8. Funding Source Limitations

In order to manage risk, Curve may limit the Funding Sources available for a transaction.

- 3.8.1. If we limit a Funding Source, we will alert you that there is a higher than normal level of risk associated with the payment (for example and without limitation, a risk that the payment may be challenged to be unauthorised).

- 3.8.2. Such a notice does not mean that either party to the transaction is acting in a dishonest or fraudulent manner. It means there may be a higher than normal level of risk associated with the payment.

- 3.8.3. Funding Sources may be limited also if you make a Curve payment through certain third party websites or applications.

3.9. Refused Transactions

When you attempt to make a payment using Curve, the merchant is not required to accept it. You agree that you will not hold Curve liable for any damages resulting from a merchant’s decision not to accept a payment made through the Service. We will:

- 3.9.1. Return any refunded or denied payment to your original Funding Source or as appropriate, your Balance; and

- 3.9.2. Return any unclaimed payment to your Balance within 30 days after the date you initiated the payment.

3.10. Merchant Processing Delay

- 3.10.1. When you make a payment to merchants, you are providing an Authorisation to the merchant to process your payment and complete the transaction.

- 3.10.2. Some merchants may delay processing your payment. In such an instance, your Authorisation will remain valid typically for up to 30 days.

- 3.10.3. If you have a positive Balance in your Curve Account at the time you made your Authorisation, you agree that Curve may hold the amount of your Balance which forms the payment in your Curve Account.

- 3.10.4. The payment will be held as pending in your Curve Account until the merchant completes the processing of your payment.

- 3.10.5. If your payment requires a currency conversion by us, the exchange rate (which might include a Currency Conversion Fee) will be determined at the time the merchant processes your payment and adjusted at the time the transaction is settled by the Card Scheme in accordance with the procedure outlined in section 5.2.

- 3.10.6. Between the time you authorise a payment and the time the payment is processed, the merchant may amend the payment amount (for example, to account for taxes, postage or amendments to the purchase you made with the merchant). This is to include any additional amounts which may be payable by you to the merchant, as subsequently agreed by you and the merchant.

- 3.10.7. You further agree that we are not required to verify this additional amount with you at the time the payment is transferred and that we may transfer any amount up to the ‘maximum amount’ (or similar) on the basis of your Authorisation and upon receiving instructions from the merchant of the final payment amount.

3.11. Third party initiated payments (including Recurring Payments)

A third party initiated payment is a payment made on the basis of your advance Authorisation to a third party (for example, a store or other trader you intend to pay for your purchase) to collect funds from your Curve Account.

3.12. Recurring payments

A “Recurring Payment” is a third party initiated payment made on a recurring basis (whether sporadically or periodically) that can be managed via your Curve Account. Recurring Payments are also called “subscriptions”, “preapproved payments” or “automatic payments”.

- 3.12.1. By providing an advance Authorisation, you are giving the third party the ability to collect or reverse variable amount payments from your Account on a one-time basis, or on a (sporadically or periodically) recurring basis until you cancel your arrangement or authorisation with the applicable third party.

- 3.12.2. You hereby authorise and instruct Curve to pay the third party (or another person they direct) amounts from your Curve Account for amounts you owe as presented to us by the third party.

- 3.12.3. You agree that Curve is not obligated to verify or confirm the amount the third party presents to us for the purpose of processing this type of payment.

- 3.12.4. You acknowledge and agree that payments made under this provision are variable and may be made on various dates.

3.13. Payment Card information

If your Payment Card number changes or your card expiration date changes, we may acquire that information from our financial services partner(s) and update your Account accordingly where technology enables us to do so.

3.13. Curve Rewards

- 3.14.1. Curve Rewards are awarded at the discretion of Curve and can be redeemed by you at merchants. The earning and redemption policy is set out on the Curve website and updated from time to time.

- 3.14.2. Curve Rewards earned have no cash value and are not deemed as electronic money or any other ‎equivalent monetary value.

- 3.14.3. You may redeem your Curve Rewards by selecting Curve Rewards as the payment method when you wish to pay at a merchant. You may do so on the Curve App by clicking on the Curve Rewards card image and following in-app instructions.

- 3.14.4. When you choose to pay with Curve Rewards, Curve will fund an equivalent amount to make a payment to the merchant, which will not form part of your Curve Account Balance.‎ Your Curve Rewards cannot be used to withdraw cash or otherwise redeemed for cash.

- 3.14.5. In case a payment to the merchant with Curve Rewards is refunded or reversed, Curve may in their absolute discretion re-instate an equivalent amount of Curve Rewards except where you have engaged in Restricted Activities as described in clause 6.1.

- 3.14.6. Curve Rewards expire 12 months from the date they are added to your virtual Curve Rewards card in your Curve app. If your Account is closed either by you or by Curve, you will not be able to redeem the value of your Curve Rewards.

- 3.14.7. When you choose to pay with your virtual Curve Rewards card, if the value of a purchase exceeds the Curve Rewards balance, you authorise Curve to charge the purchase amount or the remaining balance of the purchase from another funding source uploaded on your account.

3.15 Changing Funding Source retrospectively (referred to in marketing as “Go back in time”)

- 3.15.1 In selected situations, you may be permitted to change the Funding Source used for a certain transaction provided it meets eligibility criteria determined by Curve considering factors such as but not limited to amount, time passed since the original transaction and currency conversion requirements.

- 3.15.2 Curve will indicate whether a particular transaction meets eligibility criteria to change Funding Source retrospectively within the Curve App.

- 3.15.3 Curve may change the eligibility criteria to change Funding Source retrospectively at any time.

- 3.15.4 Curve reserves the right to prevent changing Funding Source retrospectively for a specific customer or group of customers at any time without providing a reason.

- 3.15.5 Usage of the changing Funding Source retrospectively feature must not breach this Agreement including but not limited to Section 6 “Restricted Activities” and may be subject to fair usage restrictions as defined in Fair Use Policy

4. Terminating Your Account

4.1. Cancellation rights

- 4.1.1. If you change your mind about having your Curve Card, you can cancel it by writing to us at: support@imaginecurve.com

- 4.1.2. For a refund on the cost of the card, please write to us within 14 days of the date you receive confirmation of your application being approved for dispatch.

- 4.1.3. If you have purchased a Curve Black with Tumi wallet, you will receive a refund of £25 initially, and the remaining £25 when you return the wallet to Curve in a resalable condition.

4.1.4. We will not reimburse you for the cost of postage of returning items such as the Tumi wallet.

4.2. Term and How to Close Your Account

4.2.1. This Agreement remains in force until terminated in accordance with this Agreement.

4.2.2. If you would like to close your Account please contact Curve Support using the contact details given on the Curve website or in the Curve App.

4.2.3. Once all transactions and fees have been deducted, any balance on your Account will be returned to you subject to you having provided satisfactory confirmation of your identity and address (where applicable).

4.3. Limitations on Closing Your Account

4.3.1. You may not close your Account to evade an investigation.

4.3.2. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 days to protect Curve or a third party against the risk of Chargebacks, claims, fees, fines, penalties and other liabilities of whatever nature.

4.3.3. You will remain liable for all obligations related to your Account even after the Account is closed.

4.4. Unclaimed Balances on Dormant Accounts

4.4.1. Subject to the remainder of this section, e-money held in your Account is not subject to any time limitation as to its validity.

4.4.2. If you do not access your Account for a period of three years it may be closed.

4.4.3. After closure, we may use the information you have provided us to try to send you any funds in redemption of the e-money in your Account.

4.4.4. Please contact Customer Service at the telephone number shown on the Curve website(s) if you have any questions about funds held in your Account if it has been closed pursuant to this section 4.4.

5. Fees and Currency Conversion

5.1. Fees

Fees for Users registered are set out in Schedule 1 below. If other Fees apply for services or functionalities not referred to in Schedule 1 below, you will be notified of those Fees on the Curve Website(s) or the Curve App where those other services or functionalities are offered or provided.

5.2. Currency Conversion

- 5.2.1. If your transaction involves a currency conversion by Curve, it will be completed at a foreign exchange rate determined by a financial institution, or a third party wholesale exchange rate provider which is adjusted regularly based on market conditions.

- 5.2.2. When the exchange rate is adjusted it may be applied immediately and without notice to you.

- 5.2.3. This exchange rate may include a processing fee expressed as a certain percentage above the wholesale exchange rate at which Curve obtains foreign currency, and the processing fee is retained by Curve.

5.2.4. Where a currency conversion is offered at the point of sale by the merchant, not by Curve, and you choose to authorise the payment transaction on the basis of the merchant’s exchange rate and charges, Curve has no liability to you for that currency conversion.

- 5.2.5. Where your payment is funded by a Payment Card and involves a currency conversion, by entering into this Agreement you consent to and authorise Curve to convert the currency in place of your Payment Card issuer.

- 5.2.6. A Currency Conversion Fee (as set out in Schedule 1 of this Agreement) will apply whenever Curve performs a currency conversion.

- 5.2.7. The exchange rate which applies on the date that you make your transaction may not be the same as the exchange rate we use on the date the transaction is settled and the service charge is processed from your Funding Source.

- 5.2.8. If your payment requires a currency conversion by us, the exchange rate (which might include a Currency Conversion Fee) will be determined at the time the merchant authorises your payment and then adjusted to reflect the exchange rate at the point the transaction is settled. If the payment is subsequently refunded by the merchant the amount you receive will be based on the exchange rate at the point the transaction is settled and not the rate at the date the refund is processed.

6. Restricted Activities

6.1. In connection with your use of our website, your Account, or the Services, or in the course of your interactions with Curve, a User or a third party, you will not:

- 6.1.1. Breach this Agreement (including, without limitation, opening multiple Curve Accounts or breaching the Fair Use Policy or any other agreement that you have entered into with Curve);

- 6.1.2. Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services including anti-money laundering, consumer protections, unfair competition, anti-discrimination and false advertising);

- 6.1.3. Infringe Curve’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

6.1.4. Fail to provide us with further information about you or your business activities that we may reasonably request;

- 6.1.5. Undertake behaviour which Curve deems to be “cash recycling” whereby cash is taken out of an ATM using a credit card and then used to repay the credit card in order to gain rewards on the funding card or Curve Rewards.

- 6.1.6. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;

- 6.1.7. Use the Services in a manner that results in or may result in complaints, disputes, claims, Chargebacks, fees, fines, penalties and other liability to Curve, a User, a third party or you;

- 6.1.8. Use your Account or the Services in a manner that Curve, the card networks or our bank acquirer and/or payment processors reasonably believe to be an abuse of the bank’s reversal process, credit card system or a violation of credit card association rules;

- 6.1.9. Undertake activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as Curve reasonably believes based on the information available to it);

- 6.1.10. Reveal your Account password(s) to anyone else, nor may you use anyone else’s password. We are not responsible for losses incurred by you including, without limitation, the use of your Account by any person other than you, arising as the result of misuse of passwords;

- 6.1.11. Do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the terms of this Agreement;

- 6.1.12. Allow your use of the Service to present to Curve a risk of non compliance with Curve’s anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your spending or withdrawal limit in accordance with sections 3.2 or where you expose Curve to the risk of any regulatory fines by European, US or other authorities for processing your transactions); or

- 6.1.13. Integrate or use any of the Services without fully complying with all mandatory requirements communicated to you by way of any integration or programmers’ guide or other documentation issued by Curve from time to time.

- 6.1.14. You agree that engaging in the above Restricted Activities diminishes your or other Curve customers’ safe access and/or use of your Curve Account or the Service generally.

6.2. Keeping your Payment Instrument Safe

- 6.2.1. You must sign your Curve Card as soon as you receive it and keep it safe.

- 6.2.2. You must always make sure that you do not allow anyone else to use your Curve Card.

- 6.2.3. Only release your Curve Card, card number or PIN to make (or try to make) a transaction.

7. Liability

7.1. Our Liability

- 7.1.1. We will not be liable for:

- 7.1.2. Any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents us from providing our usual service;

- 7.1.3. Any person refusing to accept or honour (or delays in accepting or honouring) your Curve Card, card number or PIN; or

7.1.4. Any cash dispenser failing to issue cash. We will not be liable for the way in which you are told about any refusal or delay.

7.2. Your Liability

- 7.2.1. You remain liable under this Agreement in respect of all charges and other amounts incurred through the use of your Account at any time, irrespective of termination, suspension or closure.

- 7.2.2. Unless otherwise directed by us, you must not use or attempt to use your Payment Instrument or Account while it is suspended or has been closed. You must ensure that all agreements with merchants or other third parties that involve third party initiated payments (including, Recurring Payments) set up from your Account are cancelled immediately upon the termination, suspension or closure of your Account.

7.3. Reimbursement for Your Liability

- 7.3.1. In the event you are liable for any amounts owed to Curve, Curve may immediately remove such amounts from your Funding Sources and/or Balance (if available). Curve may charge a funding card even if it has been removed from your account to settle outstanding liabilities.

- 7.3.2. If there are insufficient funds in your Funding Sources or Balance to cover your liability, Curve reserves the right to collect your debt to Curve by using any payments received in your Account and otherwise you agree to reimburse Curve through other means.

- 7.3.3. Curve may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.

7.4. Temporary Holds for Disputed Transactions

- 7.4.1. If you dispute any transaction made from your Account, we will promptly look into the matter. If we can show or reasonably believe that the disputed transaction was authorised or otherwise correctly made then, Curve may be required during its investigation into the matter to place a temporary hold on the funds in your Account to cover the full amount of the claim or Chargeback until the dispute is resolved. We will follow the dispute resolution process set out in section 8.4 below.

- 7.4.2. A hold placed under this provision will not restrict your use of the Account with regard to funds other than those disputed or at risk under the claim or Chargeback unless we have another reason for doing so.

- 7.4.3. If the dispute is resolved in your favour, we will release the hold and restore your access to the applicable funds.

- 7.4.4. If the dispute is not resolved in your favour, Curve will return the funds placed on hold from your Account to the relevant merchant or deal with them as appropriate to the outcome of the dispute.

- 7.4.5. Curve may dispute any transaction directly with a merchant irrespective of whether you have raised a dispute with Curve provided we have valid grounds on which to do so, including but not limited to where we have evidence of fraudulent activity or duplicate payment transactions have been made.

7.5. Curve Card lost or stolen. If your card is lost or stolen or someone else finds out the PIN or if you think your Curve Card, card number or PIN may be misused, you must:

- 7.5.1. Block your card in the app to prevent it being used; or

- 7.5.2. If you do not have access to the app, call us without undue delay on +44(0) 20 33 222 585 (we have a 24 hour service) so that we can stop your Curve Card and PIN;

- 7.5.3. Stop using the Curve Card, card number or PIN immediately. If you find the card after you have reported it lost, stolen or misused, you must destroy it and tell us as soon as you can;

- 7.5.4. You can then email us at support@imaginecurve.com to request a replacement card.

7.6. Actions by Curve

If we have reasonable cause to believe that you have engaged in any Restricted Activities, we may take various actions including, but not limited to, the following:

- 7.6.1. We may, at any time and without liability, suspend, block, limit, close or cancel your right to use your Payment Instrument or Account entirely or for any particular transaction, which may in turn suspend, block, limit, close or cancel access to your Account or the Services (such as limiting access to any of your Funding Sources, make withdrawals, or remove financial Information). We will normally give you advance notice of any suspension or cancellation but we may, if it is reasonable to do so suspend or cancel your right to use your Payment Instrument or Account without prior notice to you;

- 7.6.2. Block your Account and/or hold any funds in the Curve Account (including, without limitation, for more than 180 days if so required by Curve, where Curve’s rights under section

- 7.6.1 arise from your engagement in a Restricted Activity set out in section 6.);

- 7.6.3. Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided it is not prohibited by law;

- 7.6.4. We may reverse a payment (including, if appropriate, to your Funding Source), that violates our Fair Use Policy or which we reasonably suspect of violating our Fair Use Policy;

- 7.6.5. We may contact third parties and disclose details of the Restricted Activities in the manner set out in our Privacy Policy;

- 7.6.6. We may request information from you or otherwise update inaccurate Information you provided us; and

- 7.6.7. We may refuse to provide our Services to you in the future.

7.7. Account Closure and Limited Access

7.7.1. At our sole discretion we may close your Account and terminate this Agreement with you at our convenience by providing you with two months notice.

- 7.7.2. We may also close your Account and terminate this Agreement at any time where you are in breach of the terms of this Agreement.

- 7.7.3. If we close your Account, we will provide you with notice of Account closure and where practicable, the reasons for closing your Account, together with the ability to withdraw any undisputed funds that we are holding.

- 7.7.4. If we suspect that your Account has been accessed without your authorisation, we may also suspend, or limit, your access to your Account or the Services (such as limiting access to any of your Funding Sources, and your ability to spend money, make withdrawals, or remove financial Information).

- 7.7.5. If we otherwise limit access to your Account, we will provide you with notice and opportunity to request restoration of access if appropriate.

7.8. Information about you

- 7.8.1. Curve reserves the right to request additional information from you, other than what is referred to in this Agreement, to allow it to comply with its anti-money laundering obligations.

- 7.8.2. You agree to comply with any request for further information as we reasonably require to enable us to comply with our anti-money laundering obligations. This may include, without limitation, requiring you to fax, email or otherwise provide to us certain identification documents.

- 7.8.3. You also agree to provide us, upon our reasonable request and at your own expense, information about your finance and operations, including, without limitation, your most recent financial statements (certified or otherwise) and merchant processing statements (if applicable).

8. Errors and Unauthorised Transactions

8.1. Identifying Errors and/or Unauthorised Transactions.

- 8.1.1. You can inspect your transaction history at any time by logging in to your Account on the Curve App.

- 8.1.2. As soon as you become aware and is reasonably practical you must notify Curve if you have reason to suspect any of the following activities have occurred: (i) there has been an unauthorised transaction within your Account; (ii) there has been unauthorised access to your Account; (iii) your password or PIN has been compromised; or (iv) any device you have used to access the Services has been lost, stolen or deactivated, (collectively called “Improper Account Access”).

- 8.1.3. You must notify us as soon as is reasonably possible if you have reason to believe that any other error has occurred on your Account.

8.1.4. In order for you to notify Curve immediately of any of the above events, we strongly recommend that you monitor your Account closely on a regular basis.

- 8.1.5. We will hold you liable for unauthorised use of your Account if we have evidence that suggests: you acted fraudulently or you have with intent or gross negligence failed to comply with your obligations to use your Payment Instrument in the manner set out in this Agreement.

8.2. Notifying Curve of Errors

- 8.2.1. You must notify us if you believe there has been or will be an error, unauthorised transaction, misappropriated or unauthorised use of your Payment Instrument or your Account, by telephoning Curve Support at the telephone number shown on the Curve website(s), contacting us at Support@imaginecurve.com.

- 8.2.2. If you initially provide information to us via the telephone, we may require that you send your complaint or question in writing within ten Business Days after the phone contact.

- 8.2.3. You must give us all the information in your possession as to the circumstances of any errors, unauthorised transactions and/or misappropriated or unauthorised use of your Payment Instrument or Account and take all reasonable steps requested to assist Curve in its investigation.

- 8.2.4. We may provide third parties with information we consider relevant in such circumstances in accordance with our Privacy Policy.

8.3. Liability for Unauthorised Transactions

- 8.3.1. If you report that there has been an Improper Account Access related to your Account, and there is no evidence to suggest fraud or deliberate or grossly negligent behaviour by you, we will immediately reimburse you in full prior to investigating for all unauthorised transactions sent from your Account provided that you have informed us of the Improper Account Access without undue delay and in any event, no later than 13 months after the first Improper Account Access transaction was executed.

- 8.3.2. Where we believe in our reasonable opinion that further investigation is required to ascertain more clearly the circumstances surrounding the reported Improper Account Access, we will follow the same process as set out in section 8.2 above for such investigation.

- 8.3.3. Subject to 8.3.4, you may only be liable to a maximum of £50 or currency equivalent resulting from transactions arising from the use of a lost or stolen card or from the misappropriation of the payment instrument where you have failed to keep security features of the card safe. The £50 liability limit or currency equivalent is applicable to each instance of loss, theft or misappropriation and not each transaction.

- 8.3.4. However you will be liable for all losses incurred in respect of an unauthorised transaction if you have

acted fraudulently; or

intentionally or with gross negligence failed to

look after and use your Card in accordance with this Agreement; or

notify us in accordance with section 7.5

8.4. Refunds

- 8.4.1. You are entitled to a refund of the full amount of any unauthorised payment transaction initiated by or through a merchant or other third parties.

- 8.4.2. If you use your Curve Card or provide your Curve Card details to a merchant to make a transaction before you know the amount which is going to be charged to your card, then you may be entitled to request a refund if the amount is unexpectedly large, provided that you write us to support@imaginecurve.com, within eight weeks from the date the transaction is deducted from your Payment Card account balance.

- 8.4.3. We are liable for the correct execution of the transaction unless we can prove that the transaction was received by the merchant’s bank, in which case the merchant’s bank is liable to the merchant. You may request that we make immediate efforts to trace an incorrectly executed transaction and notify you of the outcome.

- 8.4.4. When a merchant initiates a transaction it is the merchant’s bank which is liable for the correct transmission of the relevant details to us. If the merchant’s bank can prove that it is not responsible for a transaction which has failed or has been incorrectly executed, we will be responsible to you.

- 8.4.5. If we are responsible for an incorrect amount of a transaction being deducted from your Payment Card account, we will correct the error. If we are responsible for a transaction being deducted from your Payment Cards which you did not authorise, we will initiate a dispute resolution process, which eventually might result in a refund. You must inform us of an unauthorised or incorrect transaction as soon as possible and in any event no later than 180 days after the debit date. If you do not do so, we may not be liable.

- 8.4.6. We are not liable if you incorrectly identify the merchant under a transaction. In such a case, we will make reasonable efforts to recover the funds involved.

8.5. Errors

- 8.5.1. If we discover a processing error, we will rectify the error.

- 8.5.2. If the error resulted in your receiving less money than you were entitled to, Curve will credit your Account for the difference.

- 8.5.3. If the error results in you receiving more money than you were entitled to, Curve may debit the extra funds from your Curve Account.

- 8.5.4. If a payment was made to your Funding Source by way of mistake, Curve may correct the mistake by debiting or crediting (as the case may be) your appropriate Funding Source(s).

- 8.5.5. If the error resulted in us not completing a transaction on time or in the correct amount, we will be liable to refund any amount as a result of carrying out a defective or non-executed payment transaction, unless:

- 8.5.6. Notwithstanding any other term of this Agreement, Curve will not be held liable for the non-execution or defective execution of a payment transaction (whether initiated by yourself or another Curve customer) if you have failed to notify Curve of such an incorrectly executed payment transaction without undue delay, or

- 8.5.7. in any event no later than within 13 months after the debit date, on becoming aware of such incorrectly executed payment transaction.

9. Disputes with Curve

9.2. If you have a complaint to make about us, you may choose to escalate it by contacting the following:

UK Financial Ombudsman Service (FOS). For UK resident Users only – the FOS is a free, independent service which might be able to settle a complaint between you and us. You may obtain further information regarding the FOS and contact the FOS at:

Address: Financial Ombudsman Service, Exchange Tower, London, E14 9SR

Telephone: 0800 023 4567 or 0300 123 9123

Email: complaint.info@financial-ombudsman.org.uk

Website: www.financial-ombudsman.org.uk

10. Governing Law and Jurisdiction

10.1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

10.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

11. Waiver

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

12. Limitations of Liability

We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section. In no event shall we, the other companies in our corporate group, persons who act on our behalf, and/or the persons we enter into contracts with be liable for any of the following types of loss or damage arising under or in relation to this Agreement (whether in contract, tort (including, without limitation, negligence) or otherwise:

- 12.1.1. any loss of profits, goodwill, business, contracts, revenue or anticipated savings even if we are advised of the possibility of such damages, loss of profits, goodwill, business, contracts, revenue or anticipated savings; or

- 12.1.2. any loss or corruption of data; or

- 12.1.3. any loss or damage whatsoever which does not stem directly from our breach of this Agreement; or.

- 12.1.4. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

- 12.1.5. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, wilful misconduct, for death or personal injury resulting from either our or our subcontractor’s negligence or to the extent such limitation or exclusion is not permitted by applicable law.

13. No Warranty

- 13.1.1. We provide the Services to you subject to your statutory rights but otherwise without any warranty or condition, express or implied, except as specifically stated in this Agreement. Curve does not have any control over the products or services that are paid for with our Service and Curve cannot ensure that a merchant that you are dealing with will actually complete the transaction or is authorised to do so.

- 13.1.2. Curve does not guarantee continuous or uninterrupted access to any part of our Service. We shall not be liable for any delay in the failure in our provision of the Services under this Agreement. You acknowledge your access to the website(s) or Curve App may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

- 13.1.3. Curve will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and debit and credit cards are processed in a timely manner.

- 13.1.4. We make every effort to ensure that the information contained in our correspondence, reports, on the website(s), in app and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided.

- 13.1.5. We cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you.

- 13.1.6. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions.

- 13.1.7. You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

14. Indemnification/re-imbursement

You agree to defend, reimburse or compensate us (known in legal terms to “indemnify “) and hold Curve, our other companies in our corporate group, the people who work for us or who are authorised to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement, breach of any law and/or use of the Services.

15. Complete Agreement and third party rights

- 15.1.1. This Agreement (including any Schedule) sets forth the entire understanding between you and Curve with respect to the Service.

- 15.1.2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

- 15.1.3. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement (except for the companies within the Curve Group in respect of their rights as specified in this Agreement) but this does not affect any right or remedy of third parties which exists or is available apart from that Act.

16. Definitions

“Account” or “Curve Account” means a Business Account on the Curve App and website.

“Agreement” means this agreement including all subsequent amendments.

“Card Scheme” means Mastercard.

“Authorise” or “Authorisation” means you authorise a merchant or other third party to collect or direct a payment from your Account.

“Balance” means any e-money that you have in your Curve Account created using a Funding Source, or any redeemable Curve Reward points.

“Business Account” means an Account used only for business use pursuant to section 1.4.6. The Curve Card is only available for business users and you will be asked to confirm some Know Your Business (KYB) information. In addition, Curve may request additional information from you throughout the lifecycle of the customer relationship to support and evidence that the card is being used for legitimate business purposes.

“Business Days” means a day (other than a Saturday or Sunday, or a Bank Holiday).

“Calendar year” means 1 January to 31 December inclusive in any year.

“Card Funded Payment” means a payment that is fully or partially funded through a Payment Card.

“Change” has the meaning given in section 1.10.1.

“Chargeback” means a challenge to a payment that a User files directly with his or her credit card issuer or company.

“Currency Conversion Fee” means 1% above the wholesale exchange rate and the Curve fee as specified in Schedule 1.

“Curve,” “we,” “us” or “our” means Curve 1 Ltd, Registered company No. 9523903, 114-116 Curtain Road, London, EC2A 3AH, United Kingdom, and includes its successors and any person to whom it has assigned its rights under this Agreement.

“Curve App” means the application downloaded onto your phone which enables your Payment Cards to be used to load the e-money account linked to your Curve Card.

“Curve Card” means the Payment Instrument provided by Curve.

“Curve Reward(s)” means loyalty points given to you by Curve which may be redeemed at merchants in return for goods or services.

“Curve website(s)” means any URL, such as www.ImagineCurve.com, that we provide the Services to you.

“Curve Support” is Curve’s customer service function which can be accessed via the “Contact Us” details given on the Curve website or by calling the support number located on the Curve website, Curve App or Curve Card or by using the in-app or in browser realtime chat functions (once available).

“Days” means calendar days.

“Default Funding Sources” means the order in which Curve uses your Funding Sources to fund a transaction if you do not select a Preferred Funding Source or if your Preferred Funding Source fails.

“E-Money” means monetary value, as represented as a claim on Curve, which is stored on an electronic device, issued on receipt of funds, and accepted as a means of payment by persons other than Curve. The terms “e-money”, “money” and “funds” are used interchangeably in this Agreement. Further, a reference to a payment made by via the Services refers to an e-money payment.

“Fees” means those amounts stated in Schedule 1 to this Agreement.

“Funding Source” means the payment method used to fund a transaction. The following payment methods may be used to fund a transaction: Balance, Payment Card, bank transfer (if available).

“Improper Account Access” has the meaning given to it at section 8.1.2

“Information” means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, post/shipping address, phone number and financial information.

“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, rights in getup, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Merchant Processing Delay” means a delay between the time you authorise a payment and the merchant processes your payment.

“Payment Account” has the meaning given to it at the introduction of this Agreement.

“Payment Card” means any debit card, credit card or prepaid card linked to your Curve Card.

“Payment Instrument” means the Curve Card which can be used to pay for goods and services at a third party (e.g merchant) that display the Card Scheme symbol, or any or all of the procedures, instructions or requirements which are set out in the Curve website(s) or Curve App and which allow Users to access and/or use the Curve Service.

“Policy” or “Policies” means any Policy or other agreement between you and Curve that you entered into on the Curve website(s), or Curve App, or in connection with your use of the Services.

“Preferred Funding Source” means a Funding Source that you select to fund a payment instead of using the Default Funding Sources.

“Pre-Fund Authorisation” means the money Curve reserves the right to retain a preauthorisation on as required by section 1.4.7.

“Recurring Payment” has the meaning given in section 3.12.

“Restricted Activities” means those activities described in section 6 of this Agreement

“Services” means all products, services, content, features, technologies or functions offered by Curve and all related sites, applications, and services.

“Unique Identifier” means (1) for the purpose of sending a Curve payment: the e-mail address, mobile phone number or other identifier we may notify to you which is registered to a Curve Account in good standing; or (2) for withdrawing funds from your Account: your bank account (eg IBAN or Sort Code and bank account number) or credit card identification details (eg card number and CVV2 Code), Curve Account number, or Curve Card long card number.

“United Kingdom” or “UK” means the United Kingdom of Great Britain and Northern Ireland.

“User,” “you” or “your” means you and any other person or entity entering into this Agreement with us or using the Service.

Schedule 1 – Table of Fees

You agree that we may deduct our Fees from the transactions we process on your Account. Fees apply for other account activity or events as outlined in this Agreement.

Quoted Fees are inclusive of all applicable taxes; however, other taxes or costs may exist that are not paid through Curve or imposed by us. You are liable for telephone charges and any charges made by your internet service provider or similar or associated charges as a result of the use by you of the Services.

We will provide you with the details of transactions and our charges either in your transaction history (which you can access by logging into your Account) or by e-mail. Unless it is proven that we have made a mistake, all fees are payable by you without set off or other deductions. We may make a charge for any additional services we provide outside this Agreement. We will tell you of those charges when you ask for the service.

FEE TABLE

General Fees Fee (£GBP or currency equivalent)
Fee to buy card £50 for Black Account
Fee for spend using credit card Free
Fee for spend using debit card Free
Fee for each card issued to an additional cardholder and any replacement card Free
Fee for redemption (when applicable – see condition 4.4) Free
Fee for termination Free
Transaction fees* Fee (£GBP or currency equivalent)
Fee for purchases in the currency selected for the Curve Card or any other Payment Instrument Free
Service charge (commission) for currency exchange Free
Currency Exchange Rate and Currency Conversion Fee Wholesale exchange rate plus 1%
Cash withdrawal fees* Fee (£GBP or currency equivalent)
Fee for ATM withdrawal in the currency of the Funding Source. Note: some ATM providers may raise additional charges. Free (subject to Curve Fair Use Policy)
Fee for ATM withdrawal in a currency other than the currency selected for the Curve Card or the Payment Instrument. Note: some ATM providers may raise additional charges. £2
Ongoing features Fee (£GBP or currency equivalent)
Fee to receive a paper copy statement Free
Monthly administration fee Free
Dormancy fee Free

* Fees stated are maximum chargeable fees. Reduced fees may charged in selected circumstances.

LIMITS TABLE

Category DEFAULT MAXIMUM
ATM cash withdrawal £200 max per transaction or per day. ATM withdrawal monthly volumes and withdrawals from credit cards are subject to Curve’s Fair Use Policy £1000 max per transaction or per day. ATM withdrawal monthly volumes and withdrawals from credit cards are subject to Curve’s Fair Use Policy
Spend £2000 max per transaction or per day

£5000 max per 30 days (rolling)

£10,000 max per year
£3500 max per transaction or per day

£20,000 max per 30 days (rolling)

£200,000 max per year
Card usage Cashback/ cash advance not permitted Cashback/ cash advance enabled
Blocked merchant categories

Gambling

Dating and escort services

Massage parlours

Inbound teleservices

Automated fuel dispensers

Investment services

Prepaid/ cash services

As per default but categories can be enabled by request (following account risk review)

Your limits will be upgraded automatically the more you use your Curve card and providing your account passes Curve risk checks.

For more information, you can:

Contact Curve Support on support@imaginecurve.com

Read Curve FAQs

Review Curve’s Fair Use policy