This Terms of Service (the “Agreement”) contains 16 sections (including a schedule).
The headings and subheadings below are for reference only and do not limit the scope of each section.
The terms of the Fair Use Policy on the Curve website located at www.imaginecurve.com, are incorporated by reference into this Agreement and provide additional terms and conditions related to the Services.
Capitalised terms have specific definitions in section 16.
This Agreement is between you and Curve and applies to your use of the Services.
1.1. Acceptance of this Agreement
1.1.1 By submitting your Curve Card order you accept the terms and conditions of this Agreement.
1.1.2 You can print a copy of this Agreement at any time from the Curve App.
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® or Curve Debit Mastercard®) is issued by the Issuer and promoted by Curve as a distributor. You are the person entering into this Agreement to use the Service.
1.3. How the Curve Card works
1.3.1. 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 the 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 the 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Such e-money is purchased and consecutively loaded onto the e-money account linked to your Curve Card and then spent or withdrawn.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 can be a Business Account or a Personal Account, it depends on whether you will be using the Account for business or personal use (as determined by Curve based on the information provided by you or from the Account Use). Curve reserves the right, at its sole discretion, to change your Account from a Business Account to a Personal Account, or vice versa (and to provide you with an appropriate replacement Curve Card) if Curve deems that the use of your Account or Curve Card has changed. Unless otherwise agreed, you may hold not more than one Account.
1.4.4. Holders of certain 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. If your Account is a Business Account, the Curve Card attached to your Account is a ‘Commercial Card’ (and applies to both ‘Prepaid Card’ and ‘Debit Card’) as defined by the EU Multilateral Interchange Fee Regulation (“MIF”). If your Account is a Personal Account, the Curve Card attached to your Account is a consumer ‘Prepaid Card’ or ‘Debit Card’ as defined by MIF. Note Curve can at any time replace your ‘Prepaid Card’ with a different type of Curve Card, e.g. a ‘Debit Card’. This will not change the term of use nor the fees that apply to the use of your Curve Card.
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 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
1.5.2 You explicitly consent to us accessing, processing and retaining any Information you provide to us for the purposes of providing payment services to you. This does not affect any rights and obligations you or we have under data protection legislation. You may withdraw your consent at any time. If you do this, we will close your Account and stop using your Information to provide payment services to you. We may continue to process your Information for other purposes, for example where we are required by law to do so.
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 sections 4.2 or 7.7, this licence will automatically terminate.
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 email@example.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.
2.1. To be eligible for our Services, you must:
2.1.1. be a resident of one of the countries listed on the Curve website and Curve App;
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.
3.1. 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 (where applicable) 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
When you make a payment you authorise us to obtain funds on your behalf from your applicable Funding Source, to issue e-money and to transfer the e-money onto the e-money account linked to your Curve Account, and then to the merchant according to your instructions and subject to the terms of this Agreement. Curve will fund your transaction in the following order (to the extent that such Funding Sources are available for use with your Account):
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 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. Authorising Transactions with your Curve Card
3.9.1. A transaction made using your Curve Card will be regarded as authorised by you when you:
(i) enter a PIN or providing any other security code;
(ii) sign a sales voucher;
(iii) provide the Curve Card details and/ or provide any other details as requested;
(iv) wave or swipe the Curve Card over a contactless card reader.
(v) inserting the Curve Card and enter your PIN to request a cash withdrawal at an ATM.
3.9.2 Once we receive the transaction confirmation, we can no longer revoke it, save for the circumstances described in section 3.9.3.
3.9.3 You can revoke the following transactions made using your Curve Card:
(i) any transaction which is agreed to take place on a date later than the date you authorised it, provided that notice is given no later than close of business on the Business Day before the transaction was due to take place; and/or
(ii) transactions due to take place on a future date.
In order to revoke such transaction, you must email Curve at firstname.lastname@example.org.
3.10. Refused Transactions
When you attempt to make a payment using Curve Card, 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 return any refunded or denied or unclaimed payment to your original Funding Source or, as appropriate, your Balance.
3.11. Merchant Processing Delay
3.11.1. When you make a payment to merchants, you are providing an Authorisation to the merchant to process your payment and complete the transaction.
3.11.2. Some merchants may delay processing your payment. In such an instance, your Authorisation will remain valid typically for up to 30 days.
3.11.3. 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.
3.11.4. The payment will be held as pending in your Curve Account until the merchant completes the processing of your payment.
3.11.5. 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.
3.11.6. 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.
3.11.7. 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.
3.12. Third party initiated payments (including Recurring Payments)
3.12.1. 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.
3.12.2 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”.
3.12.3. 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.
3.12.4. 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.
3.12.5. 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.
3.12.6. 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 e-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 6 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 Curve’s Fair Use Policy.
3.16 Xero feature
3.16.1 Where you have a Xero account, you may choose to connect your Curve Account to your Xero account to enable you to automatically draw information on transactions carried out using your Curve Card to Xero account. You can connect your Curve Account to your Xero account by through the Curve Connect section in the Curve App.
3.16.2 When connecting to your Xero account, you will be able to select the Payment Cards to connect to your Xero account. [Only the information relating to those Curve transactions funded from the selected Payment Card(s) or selected transactions will be sent to your Xero account].
3.16.3 You acknowledge and agree that Xero account is provided by an independent third party provider and that Curve shall have no liability whatsoever in respect of how the information sent to Xero account will be used, including, without limitation any accounting or reporting performed through Xero software.
3.17 Payment Services Directive II (PSD2
In line with the requirements of PSD2, from 13th January 2018:
3.17.1 TPP Access
188.8.131.52. You can instruct a TPP to access information on your Account. Some TPPs may (with your permission) choose to access your Account without identifying themselves to the Issuer. As a result, it is important that you check that any TPP you use is authorised or registered by the Financial Conduct Authority or other European regulator to access your Account from the information given to you by such TPP. We will treat any instruction from an TPP as if it was from you.
184.108.40.206 We may deny a TPP access to your Account if we are concerned about unauthorised or fraudulent access by that TPP setting out the reason for such denial. Before doing so, we will tell you that we intend to deny access and give our reasons for doing so, unless it is not reasonably practicable, in which case we will immediately inform you afterwards. In either case, we will tell you in the manner in which we consider most appropriate in the circumstances. We will not tell you if, doing so would compromise our security measures or would otherwise be unlawful.
220.127.116.11 If you have provided consent to a TPP to access the data in your Account to enable them to provide account information services on your behalf, you consent to us sharing your information with the TPP as is reasonably required for them to provide their services to you. You must let us know if you withdraw this permission and we recommend you let the TPP know. On notification from you, we will not provide such TPP access to your Account or the data in it.
3.17.2 Contacting you in an emergency We may need to contact you urgently if we suspect or find fraudulent activity has occurred on your account (provided we are not prohibited from doing so by law) or if we suffer a security threat. To do so we will first contact you via a push message message, unless we believe your account security has been compromised in which case we will use alternative methods. We may (for example) send you a text message, call or email you, if we think this is the quickest way to contact you. When we contact you, we will also give you information on how you can minimise any risk to your payment instrument depending on the nature of the security threat. We’ll use the same contact details which you have already provided us with when contacting you. You must inform us immediately if your personal details or contact information change.
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: email@example.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. You will remain liable for all transactions carried out from your Account before it 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 by giving you at least two months’ notice.
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.
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.
6.1. 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 Payment 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 (with the exception of TPPs), 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 (with the exception of TPPs), 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.
7.1. 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 transactions made by you or on your behalf (including those made by a PISP authorised by you to initiate a transaction) including all charges and other amounts incurred as a result and in accordance with this Agreement.
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 have reasonable grounds to suspect fraudulent behaviour or can show that the disputed transaction was 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 Curve 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; Network charges may apply.
7.5.3. Stop using the Curve Card, card number or PIN immediately. Report the card as lost or stolen by contacting us at firstname.lastname@example.org. We will issue a replacement card for you.
7.6. Actions by Curve
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, 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) or for any particular transaction for reasons relating to the following:
(i) If we have reasonable grounds to believe that the security of your Payment Instrument or Account has been compromised or suspect that that your Payment Instrument or Account is being used in an unauthorised or fraudulent manner;
(ii) If we have reasonable cause to believe that you have engaged in any Restricted Activities;
(iii) If we need to do so in order to comply with the law.
We will inform you before taking any such action with reasons in advance or, if not possible, immediately after, unless to do so would compromise reasonable security measures or would be otherwise unlawful. We will re-activate your Account and/or Payment Instrument and where appropriate issue you with a replacement Curve Card as soon as practicable after the reasons for the action taken by us no longer apply.
7.6.2. We may refuse any particular payment transaction at any time for any reason. We will notify you of the refusal, and (where possible) the reasons for such refusal and if such reasons relate to factual matters, the procedure for rectifying any factual errors that led to the refusal, provided that it would not be unlawful for us to do so.
7.6.3. 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 request information from you or otherwise update inaccurate Information you provided us; and
7.6.6. We may refuse to provide our Services to you in the future.
7.7. Account Closure
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 important terms of this Agreement.
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).
8.1. 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”). Please contact us at: email@example.com or at +44(0) 20 33 222 585 (we have a 24 hour service).
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. Please contact us at: firstname.lastname@example.org or at +44(0) 20 33 222 585 (we have a 24 hour service).
8.1.4. Please contact us at: email@example.com or at +44(0) 20 33 222 585 (we have a 24 hour service).
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 and we will provide you with supporting evidence of the same.
8.1.6 If the Transaction you dispute was initiated through a PISP, it is for the PISP to prove that, the transaction was authenticated, accurately recorded and not affected by a technical breakdown or other deficiency linked to the PISP’s payment initiation service.
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) or 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.
8.3. 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 £35 or currency equivalent resulting from transactions arising from the use of a lost or stolen Curve Card or from the misappropriation of the Payment Instrument where you have failed to keep security features of the card safe. The £35 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 have intentionally or with gross negligence failed to (i) comply with this Agreement in relation to the use of the Curve Card and safety of its security features or (ii) to notify us in accordance with section 7.5.
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 firstname.lastname@example.org, within eight weeks from the date the transaction is deducted from the 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 a Payment Card account, we will correct the error. If we are responsible for a transaction being deducted from a Payment Card 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 13 months 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.
8.5.1. 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, which in any event shall be no later than within 13 months after the debit date, on becoming aware of such incorrectly executed payment transaction.
9.1. Contact Curve First
9.1.1. If a dispute arises between you and Curve, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Curve regarding our Services may be reported to Curve Support online via the “Email Us” link on the “Contact” page at any time, by emailing “email@example.com”, by logging into your Account via the Curve App, or by calling the Curve Support telephone number located on the Curve website(s).
9.2. In most cases we will provide a full response by email to your complaint within fifteen Business Days after the date we receive your complaint. In exceptional circumstances where we are unable to respond in full to your complaint, we will inform you of this giving our reasons for the delay and the timeframe within which you will receive a full reply, which in any event shall be within thirty-five Business days of the date we received your complaint.
9.3 If we fail to resolve your complaint to your satisfaction, you may refer your complaint to
UK Financial Ombudsman Service (“FOS”). 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 Network charges may apply.
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.
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.
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.
13.1.1. 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.
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.
15.1.1. 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.
“Account” or “Curve Account” means a Business Account or a Personal Account (as the case may be) on the Curve App and website.
“Account Information Service Provider” or “AISP” means a third party payment service provider who is authorised by or registered with the Financial Conduct Authority or another European regulator to provide online account information services, who, with your permission will be able to access certain online account information on one or more payment accounts held by you to give you a consolidated view of your payment accounts.
“Agreement” means this agreement including all subsequent amendments.
“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 Business Account is only available for business users and you will be asked to confirm some Know Your Customer (KYC) and 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
“Card Scheme” means Mastercard.
“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 a ‘prepaid’, ‘debit’, ‘personal’ or ‘commercial’ card (as indicated on your Curve Card) provided by Curve, which can be used to pay for goods and services at a third party (e.g. merchant) that accepts the relevant category of cards and displays the Card Scheme symbol.
“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 Curve website or in the Curve App.
“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.
“Payment Initiation Service Provider” or “PISP” means a third party payment service provider authorised or registered by the Financial Conduct Authority or another European regulator to provide an online service to initiate a transaction at your request on your Account.
“Payment Instrument” means the Curve Card 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.
“Personal Account” means an Account used only for personal use [pursuant to section 1.4.6]. The Personal Account is only available for non-business users and you will be asked to confirm some Know Your Customer (KYC) 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 personal purposes.
“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.
“Third Party Provider” or “TPP” means an Account Information Service Provider or a Payment Initiation Service Provider.
“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.
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.
|General Fees||Fee (£GBP or currency equivalent)|
|Fee to buy card||£50 for a Premium Account
£0 for a regular 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|
* Fees stated are maximum chargeable fees. Reduced fees may charged in selected circumstances.
|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)
£50,000 max per year
|Card usage||Cashback/ cash advance not permitted||Cashback/ cash advance enabled|
|Blocked merchant categories||
Dating and escort services
Automated fuel dispensers
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.