“Account” means the e-money account opened with EML Money DAC in the name of the Account Holder in which payments made by means of the Card, are debited and payments made in favour of the Account Holder are credited.

“Account Holder” – a natural person entering into this agreement who has created an Account.

“Agreement” – refers to this document, the Prepaid SWIRL Mastercard General Terms and Conditions, as amended.

“ATM” – Automated Teller Machine from which cash may be withdrawn by use of the Card (physical only).

“Card” – a SWIRL Mastercard prepaid card (Physical or Virtual) issued to an Account Holder in any of the available currencies – Euro, Sterling or US Dollars

“Card Fund” – the amount of money loaded to the Card by the Account Holder less all Fees, withdrawals and disposals made by the Account Holder, and all conversion Fees, commission, expenses and charges payable on such withdrawals and disposals.

“Card Load Fees” – refers to the fees charged for loading funds onto a Card.

“Credentials” – any or all of the following information: the PIN, the Website password, the CVC2 Code, the Card’s expiry date or the 16-digit card number.

“CVC2 Code” – a 3-digit card verification value code that represents a digital signature which is required for every online transaction. The value code is either present on the reverse side of the Card or for safety reasons exclusively in the online account provided.

“EML Money DAC” – means EML Money DAC, the issuer of the Card “Fee” – any fee due by the Account Holder under Clause 11 of the current Agreement, as amended.

“Limits” – refers to the usage thresholds and restriction imposed on the Account, including but not limited to, limits on ATM withdrawals, limits on loading funds to the Account and limits on the amount of Card Payment Transactions.

“Load Retailer” means a retailer which accepts amounts of money to load to the Card (physical) which increases the Card Funds as may be identified on the Website from time to time.

“Mastercard” – the card brand or acceptance mark referring to the international licensor of the Card.

“Notification” – the notification procedure detailed in Clause 8.5 of this Agreement.

“Password” – a secret word/code created by the Account Holder to access his/her Account.

“Payment Transaction” – means an action on the Card, initiated by the Account Holder at a retailer or ATM to place, transfer or withdraw Card Funds.”PIN” – the personal identification number issued by EML Money DAC.”POS” or “Point of Sale” – a retail location which accepts the Card.

“Reference Exchange Rate” – refers to the Mastercard currency conversion exchange rates used when the Account Holder makes a Payment Transaction in a currency other than the card currency. The Reference Exchange Rate can be found at): https://www.mastercard.com/global/currencyconversion/

“We”, “Us”, “Our” – means EML Money DAC or Smart Transfer Ltd acting on its behalf. “Website” – means the Internet website available at the address www.swirlcard.com or any other address communicated by EML Money DAC or Smart Transfer Ltd from time to time.

“You”, “Your” – means the Account Holder or registered user of the SWIRL Card Mastercard Account.

2.1 You are liable for complying with this Agreement and shall be solely liable for any consequences arising from any breach of the current Agreement. The current version of the Agreement is available on the Website

2.2 The Card shall at all times remain the property of EML Money DAC. We grant you authorisation to use the card and under no circumstances is it transferable to anyone else.

2.3 You must be 16 years or over and a resident of the Republic of Ireland.

2.4 The Card is an electronic means of payment with retailers affiliated to the Mastercard network.

2.5 You must sign the signature panel on the reverse side of the Card immediately upon receipt.

2.6 You agree to provide all necessary information and documentation to Us to allow Us to comply with our requirements under Irish law concerning Cardholder identification and verification. You may be unable to use the Card and any Card Funds in the Card Account until you have provided Us with the required information.

2.7 You must exercise all possible care to ensure the safety of the Card.

2.8 You are responsible for ensuring the Credentials remain strictly confidential and are not disclosed to anyone else.

2.9 If the Card is lost or stolen, You must notify Us without undue delay, failure to comply may result in You losing the funds on the Card.

3.1 Please refer to instructions on the Website to explain Account activation, loading/reloading and electronic transfers.

3.2 Limits are calculated by Account and not by Card. Until cardholder eKYC has been completed, the following limits will apply;

(a) Load: Single transaction limit of €500, daily and monthly transaction limit of €1,000 and an annual limit of €1,800.

(b) Spend: Single transaction and daily limit of €1,800.

(c) ATM Withdrawal: €1,000 total per rolling 12 months. This limit is subject to a single and daily transaction limit of €500.

3.3 Once cardholder eKYC is completed the limits may be adjusted upwards. We reserve the right to refuse any particular loading transaction.

3.4 A minimum age of 18 is required in order to upgrade the card limits. Accepted ID is restricted to a valid Passport, Drivers licence or EU Identity card.

3.5 We reserve the right to adjust the Account Limits at any time, especially in accordance with Irish or European regulations, and/or where We have any objectively justified reason to do so. You may contact us to ask about the applicable Account Limits at any time. We reserve the right to amend the Account Holder identification, registration and / or verification procedures at any time.

3.6 Card Load Fees will apply as set out in Clause 11 of this Agreement as may be updated from time to time.

4.1  Once your account has been created you will have access to a Virtual Euro card which can be topped up online and accessed from within the Mobile App. Your physical card can be added to your Account by logging into the Mobile App.

4.2 Until eKYC has been completed you can only use your card to make online payments. Once sufficient funds are available the Card can be used worldwide anywhere the Mastercard acceptance mark is displayed. 

4.3 Once eKYC has been completed, the Card (physical) can be used to withdraw cash from ATMs displaying the Mastercard acceptance mark. The minimum withdrawal amount is defined by the ATM in the local currency. For fees see section 11.

4.4 Where You sign the record of a Payment Transaction or use the Credentials You give Us irrevocable authority to process the Payment Transaction and debit the Card Fund accordingly. We will receive the Payment Transaction immediately.

4.5 In the event You use a Load Retailer, You agree that the record transmitted to Issuer by the retailer is proof of the load and only amounts in such record shall be added to the Card Fund. Any record issued to You is for information only. A Physical card is required to use a load retailer.

4.6 In accordance with Irish law, the records of Payment Transactions created or received by Us will constitute evidence of the existence, amount and conditions of Payment Transactions.

4.7 You may not revoke a Payment Transaction once it has been received by Us. Where the Payment Transaction is initiated by a merchant, you may not revoke it once you have transmitted it or given consent to the merchant.

4.8 You may not overdraw the Card Fund. If the Card Fund becomes inadvertently overdrawn, the amount overdrawn must be repaid immediately by You. In such situations, We reserve the right to deactivate, suspend or cancel the Account at any time.

4.9 The Card is valid until the expiry date indicated on the front of the Card. The Card may be reloaded during its period of validity subject to the Account Limits and in accordance with the procedure detailed in Clause 3 of this Agreement.

4.10 We reserve the right to lock or cancel a Card which has been dormant for a period of more than 12 months.

4.11 You may request that your Card is suspended at any time, by notifying Us of such request in accordance with this Agreement.

4.12 The Account is limited to one per individual and cannot be registered on a corporation’s behalf.

4.13 If the Card Fund is not sufficient to cover any Fee due by You to Us under the Agreement, We reserve the right to deactivate, suspend or cancel the Card until sufficient Card Funds are provided.

4.14 The card cannot be used to make payments to companies with the following Merchant Category Codes or to make payments within the following countries:

• 4829 – Money Transfer Merchant,
• 5542 – Fuel Dispenser Automated,
• 6010/6012 – Member Financial Institution Manual Cash Disbursements,
• 6051 – Quasi Cash Merchant,
• 7841 – Video Entertainment Rental Stores,
• 7801 – Internet Gambling US Region Only,
• Sudan,
• Syria,
• North Korea,
• Iran,
• Afghanistan,
• Belarus,
• Bosnia & Herzegovina,
• Burundi,
• Central African Republic,
• China,
• Crimea,
• Croatia,
• Cuba,
• Democratic Republic of the Congo,
• Guinea,
• Guinea – Bissau,
• Haiti,
• Iraq,
• Lebanon,
• Libya,
• Maldives,
• Mali,
• Montenegro,
• Myanmar,
• Nicaragua,
• Palestine,
• Qatar,
• Russia,
• Serbia,
• Somalia,
• South Sudan,
• Tunisia,
• Ukraine,
• Venezuela,
• Yemen,
• Zimbabwe.

4.15 For fraud prevention reasons your card usage may be queried, and we may block further usage. If we do this, we will tell you as soon as we can or are permitted to do so after we have taken these steps.

4.16 We cannot guarantee a retailer will accept your prepaid SWIRL Mastercard.

5.1 If you have any disputes about purchases made using your Card, you should settle these directly with the retailer in question. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with your Card. Remember that once you have used your Card to make a purchase we cannot stop that transaction. Your Card is not a credit or debit card and does not provide you with protection under the Consumer Protection Act 1974.

5.2 In situations where (i) You were unaware of the exact amount of a Payment Transaction initiated by a merchant, and (ii) the final amount exceeded what You could reasonably have expected taking into account previous spending pattern and any other relevant circumstances, then You may be entitled to a refund if you contact us within 60 Days of the date of the relevant Payment Transaction and provide us with evidence to demonstrate the circumstances in (i) and (ii) of this clause 5.1 apply.

5.3 On receipt of Your notification and evidence in accordance with 5.2 above, we will issue you with a dispute form via post and email which must be completed, signed and returned to us within 60 days of the relevant Payment Transaction. On receipt of this form We will open a dispute to contest this transaction. Based on the outcome of the dispute the relevant Payment Transaction will either be refunded or We will provide you with the reason why the dispute was unsuccessful. If you raise your dispute with Us after 60 days from the date of the relevant Payment Transaction, We may not be able to assist as Mastercard/Visa govern timeframes for action.

5.4 This clause 5.2 does not apply if the amount of the Payment Transaction is different due to the application of the foreign exchange rate agreed between Us and You or if you gave us direct consent to execute the relevant Payment Transaction. You agree that the Fees, commissions and other expenses created by such a Payment Transaction will not be reimbursed.

6.1 Transaction history and balance information can be accessed online via the Website and mobile app, or can be requested from Smart Transfer Ltd at any time in accordance with this Agreement. You are responsible for checking your balance and transaction history regularly.

7.1 In the case of an unauthorised Payment Transaction or a Payment Transaction that was incorrectly executed due to an error by us, we shall, as soon as practicable, refund the payment amount including all fees deducted there from. This shall not apply:

(a) where the unauthorised Payment Transaction arises from your failure to keep the Credentials or your Card safe and secure, in which case you shall remain liable for the first €50 unless section 7.1(c) or 7.3 apply;

(b) if you fail to notify us without undue delay of any loss of your Credentials or Card other event that could reasonably be expected to have compromised the security of your Card or Credentials after you have gained knowledge of such event in which case you shall remain liable for losses incurred until you notify us;

(c) if the Payment Transaction arose from a lost or stolen Card and was unauthorised but you have acted fraudulently or wilfully or negligently failed to keep Your Card or Credentials safe and secure or are in breach of this Agreement in which case you shall be solely liable for all losses (subject to the limitations set out under clause 7.3) and We may communicate details of your actions with the relevant national authority; or (d) if you fail to dispute and bring the unauthorised or incorrectly executed Payment Transaction to our attention within 60 days from the date of the Payment Transaction.

7.2 No refund under clause 7.1 will be made until any investigation we need to undertake is complete and you have provided Us with any information We have reasonably requested. We reserve the right not to refund you if we believe you have not complied with this Agreement. You may be required to help us or our agents or any law enforcement agency on request if Your Card is lost, stolen or we suspect it is being misused.

7.3 Provided You have not acted fraudulently and neither of 7.1(c) or 7.4 apply, then You will not be liable for any losses incurred in respect of an unauthorised Payment Transaction arising on a lost or stolen Card, if the loss, theft or misappropriation of your Card was not detectable to You prior to the execution of the unauthorised Payment Transaction. We will refund the amount of any such Payment Transaction that occurs which our investigations show were not authorised by You.

7.4 Notwithstanding the foregoing, in the event You have acted fraudulently, or You have wilfully or negligently breached this Agreement or have delayed in notifying Us that Your Card was lost or stolen then you will be liable for all losses incurred in respect of unauthorised Payment Transactions or otherwise arising as a result of the lost or stolen Card and We shall have no liability in connection with Your losses.

7.5 Where You believe Your Card is lost or stolen or You notice improper use of the Card or, in the event of disclosure of any, several or all of the Credentials, you can block the Card immediately by logging onto your Account and selecting “Suspend Card”. You must: (a) IMMEDIATELY NOTIFY Us, by telephone to the Assistance Centre on (01) 687-7985 available on Business days between 10.00am GMT and 16.30pm GMT, or by the Website which is available 24/7; and (b) CONFIRM the Notification in by email on info@swirlcard.com (c) Notification must be made by You, except in case of force majeure. You are liable for providing accurate and complete information to Us, including: the Your first name and last name; and – the number of the Card.

7.6 You shall be fully liable for any consequences arising from any wrong, obsolete or incomplete information provided to Us.

7.7 You must provide Us with all requested information and supporting documentation which collaborates Your unauthorised Payment Transaction submission.

7.8 We will immediately block the Account upon receipt of a lost/stolen notification. You may request via Notification to block the Card for any reason whatsoever.

7.9 If You find the Card after the Notification, the Card must be cut in two and destroyed immediately.

8.1 If at any time You decide to cancel the Account and/or request redemption of the Card Fund, the following rules will apply:

(a) The Account will be cancelled and we will consider such request to constitute notice that You wish to terminate this Agreement in accordance with clause 15.2 immediately following the receipt of Your redemption;

(b) a reimbursement can only be made by a single bank transfer to a bank account held in Your name and We reserve the right to request evidence of your identity, bank account ownership and any other relevant documentation prior to making such transfer.

(c) If the documentation received is deemed unsatisfactory by Us we reserve the right to refuse the redemption request until satisfactory documentation is received.

(d) If the requested documentation is not received within 6 weeks from date of initial request We reserve the right to return the funds to the originating bank account.

(e) We will only charge a cash out fee in accordance with Clause 10.1 if You request cashback within 12 months of Card issuance.

9.1 We may, at any time and without notice, deactivate, cancel or suspend the right to use the Account and Card(s), or refuse to reissue or renew or replace a Card. In such event, the Card must be destroyed by You. We will not accept any liability for the direct or indirect consequences arising from any deactivation, suspension or cancellation of an Account or Card(s) in accordance with the terms of the Agreement. In such case you can request redemption in accordance with cause 8.

10.1 The amount of Fees and details of when they will be payable are set out below. Payment Transactions and Fees will be debited in the currency of the Card:

10.2 Authorisation will be requested for all transactions at the time of each transaction. In the unlikely event, for any reason whatsoever, a transaction is completed where there are insufficient funds on the Card for that transaction (a “Shortfall”), the Shortfall shall be reimbursed by you unless it is due to an error on the card of the retailer where the Card was presented, in this circumstance we may seek the Shortfall from the retailer.

10.3 Where the Card is used to conduct a Payment Transaction in a currency other than the Card currency, the applicable exchange rate shall be the Mastercard Reference Exchange Rate, plus a foreign exchange fee of five percent 5% of the relevant Payment Transaction for Euro Cards and 2.95% of the Payment Transaction for Sterling and Dollar Cards. Daily FX rates are also available on The SWIRL Card website.

10.3 The date for the currency conversion shall be the date on which the Payment Transaction is debited on the Card . This date may be different to the day on which the relevant Payment Transaction took place. We will provide You with historic currency exchange rate information, for any relevant Payment Transaction, upon request.

10.4 You accept that exchange rates may vary at any time and agree that any changes in exchange rates, will be applied immediately without prior notice, if the changes are based on the Reference Exchange Rate(s). Further information on the rate applicable following such a change may be provided to You upon simple request.

10.5 The Fees listed in Clause 10.1, reflect all Fees and Charges which are debited exclusively by Us. We retain no liability for any fees or charges which may or may not be agreed upon between You and other third parties, where applicable.

11.1 We shall not be liable for any damages if the Card or a specific Payment Transaction is refused or not honoured by a merchant, bank, or ATM. We do not bear any responsibility for errors committed by merchants or banks or ATMs. We will not be obliged to enter into any dispute arising between You and a merchant or bank. A dispute with a merchant or bank does not absolve You from complying with regulations governing the use of the Card and this Agreement.

11.2 We shall not be liable if the Card is unable to perform its obligations under this Agreement due to the failure of any machine, data processing, system or transmission link or to industrial dispute, altered legislation or licence requirements, transaction monitoring or a suspension or other action taken with respect to your Account or additionally, and without limitation anything outside Our control or the control of Our agents or contractors.

11.3 Without prejudice to the above, Our liability in association with this Agreement shall be limited to losses arising directly from our gross negligence or wilful default and to the total balance of Card Funds at any particular time. In no circumstances will We have any liability for any indirect or consequential losses of any type.

12.1 To report claims or errors regarding Card Funds or for general information about the Account, We can be contacted via Live Chat on our website www.swirlcard.com, the Helpdesk on +353 (0) 1687 7985; – e-mail to info@swirlcard.com; – When calling or writing the following information needs to be provided:

• name and mobile number. You should also provide the relevant Customer Number (found on the Card’s reverse side or within the Account); • a description of the suspected error or transaction and/or the reason of the information request; • the local currency and amount of the suspected error or transaction; and • Your date of birth and current address.

13.1 We reserve the right to change: 1) the Agreement, (2) the characteristics and features of the Card/Account and (3) the Fees, at any time. The Agreement/Card’s characteristics and features/Fees will be made available on the Website at least two (2) months before becoming effective. Changes to these Terms which are more favourable to you or a change to the Issuer may be maden immediately without further notice to you.

13.2 You hereby: (a) acknowledge that Your relationship with Us is primarily based on electronic communications, made in particular through the Website and accept this method of communication as appropriate to the nature of Your relationship with Us; (b) confirm acceptance of the Agreement and will contact and notify Us in accordance with this Agreement, should you not accept future changes to this Agreement where you will have the right to terminate the Agreement immediately without charge; (c) declare that You will regularly check the Website, Card Funds balance and transaction history; and (d) accept to be informed of any Agreement changes by means of the Website.

13.3 Continued use of the Card/Account and associated services after a change to this Agreement confirms Your acceptance of such changes.

14.1 This Agreement is entered into by Us and You for an indefinite period of time.

14.2 You are entitled to terminate this Agreement without notice and We are entitled to terminate this Agreement on provision of two (2) months’ notice to You.

14.3 Upon termination of the Agreement, You are no longer authorised to use the Card. Any positive Card Funds balance in the Account will remain for a period of 6 years from the Card expiry date or date of termination of this Agreement (whichever is the earlier). You may contact the Helpdesk to request your positive balance of Card Funds be redeemed at any time within the 6-year period in accordance with clause 8. A fee may apply, and You may need to provide certain information and identity documents before such return of Card Funds can be made by Us. Any Card Funds remaining after 6 years will not be refunded We shall accept no liability in relation to the consequences arising from the termination of the Agreement.

14.4 We may also cancel this agreement or suspend your Card or Account immediately if we believe your Card or Account is deliberately being used by you to commit fraud or for other illegal purposes. If we do this, we will tell you as soon as we are permitted to do so. Any positive Card Funds can be redeemed in accordance with clause 8.

14.5 The valid thru date of your Card(s) will be clearly displayed on the front of the physical Card or on the image of the virtual Card in your Account. Once this date has passed the Card will not work.

15.1 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 our respective rights and obligations under data protection legislation. You may withdraw this consent by closing Your Account(s) which will cancel all Cards issued to you. If You withdraw consent in this way, We will cease using Your data for this purpose, but may continue to process Your data for other purposes where We have other lawful grounds to do so, such as where We are legally required to keep records of Transactions or as necessary to evidence compliance with anti-money laundering law and regulation.

15.2 You acknowledge and accept that: (i) when speaking to our Customer Services agents, Your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; (ii) for fraud and security purposes Your records are kept by Us even after Your Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants with whom You make a Transaction: name, Account number, jurisdiction, country of residence, nationality, residential address, postal code, email address, date of birth, and/or IP address.

15.3 We may transfer Your data to third countries, including those outside the EEA but if We do then We will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined Our privacy policies. You can view the privacy policy of PerfectCard DAC at https://www.perfectpaas.com/Help/PrivacyPolicy and the privacy policy of EML Payments Europe Limited at https://www.emlpayments.com/privacy.

16.1 You acknowledge and agree that We have the right to register and keep records of telephone and electronic communications. The failure by Us to register and keep any record of such communications shall not trigger any liability by Us.

17.1 In accordance with applicable legislation to fight money laundering and financing of terrorism the establishment any client relationship, is subject to proper identification by us. You hereby represent that you will without delay, disclose any requested information (which may include evidence of your identity) to us and inform Us of any relevant changes and consent to Us using your email or mobile phone number to send you requests to provide or update such information. We may be unable to issue you with a Card or may need to stop or restrict your use of the Account if we are not provided with this information.

17.2 You are obliged to inform us should you change address.

18.1 This Agreement shall be exclusively governed by and interpreted in accordance with the laws of Ireland and the courts of the Republic of Ireland shall have non-exclusive jurisdiction.

18.2 This Agreement is entered into in English and all communication with you will be in English.

18.3 The Card is managed by Smart Transfer Ltd. If you are unhappy in any way with your Card or the way it is managed, tell us by using the e-mail enquiry facility on the Website so we can investigate the circumstances for you. Any complaints you have will be dealt with quickly and fairly. You may be able to take unresolved complaints to the Financial Services and Pensions Ombudsman at 3rd Floor, Lincoln House, Lincoln Place, Dublin 2, D02 VH29.

Telephone: +353 (0)1 567 7000 and e-mail: info@fspo.ie enquiries@financialombudsman.ie

19.1 The e-money associated with Your Card is issued by EML Money DAC, whose principle address is 2nd Floor, La Vallee House, Upper Dargle Road, Bray, Co. Wicklow, Ireland, as authorised as an Electronic Money institution by the Central Bank of Ireland under the Electronic Money Regulations 2011 (C95957). The Card is issued by EML Money DAC pursuant to a licence by Mastercard International. Your SWIRL Card(s) is the property of EML Money DAC and is not transferrable to anyone else. Mastercard is a registered trademark, and the two circles design is a trademark of Mastercard International Incorporated