Terms And Conditions
Please Read These Terms And Conditions Carefully Before Using This Site
What's In These Terms?
These terms tell you the rules for using our website www.ozan.com (our site).
Click on the links below to go straight to more information on each area:
- Who we are and how to contact us
- By using our site you accept these terms
- There are other terms that may apply to you
- We may make changes to these terms
- We may make changes to our site
- We may suspend or withdraw our site
- You must keep your account details safe
- How you may use material on our site
- Do not rely on information on our site
- We are not responsible for websites we link to
- User-generated content is not approved by us
- When we are responsible for loss or damage suffered by you
- Rules about uploading content to our site
- We are not responsible for viruses and you must not introduce them
- Rules about linking to our site
- Which country's laws apply to any disputes?
- Our trade marks are registered
Cardholder Terms And Conditions
The following Terms and Conditions apply to the Ozan Visa debit card (“Card”) issued to You
by Moorwand Limited (“Issuer”) and operated by Ozan Limited (“We”,
“Us” or“Our”). The Card enables You to use the balance of Your Ozan e-money
digital wallet(“Account”) to purchase goods and services online or at a point of sale and
withdraw cash at relevant ATMs.
These Terms and Conditions apply to You, the Account holder (“You”, “Your”) when using Your Card and are in addition to the Ozan account terms and conditions applicable to Your Account (“Account Terms”). In the event of a conflict between these Terms and Conditions and the Account Terms, to the extent of the conflict, these Terms and Conditions shall prevail. By applying for or activating Your Card, You are agreeing to these Terms and Conditions.
- 1. FEES AND CHARGES
- 2. APPLYING FOR A CARD
- 3. CARD LIMITS AND USAGE
- 4. KEEPING YOUR CARD AND PIN SAFE
- 5. REPORTING PHYSICAL CARDS LOST OR STOLEN
- 6. REPORTING UNAUTHORISED TRANSACTIONS OR DISPUTED TRANSACTIONS
- 7.ADVISING CHANGES OF PERSONAL DETAILS OR FINANCIAL SITUATION
- 8. WHAT WILL HAPPEN WHEN YOUR CARD EXPIRES
- 9. USE OF YOUR PERSONAL DATA BY THE ISSUER
- 10. THE LAW THAT APPLIES
- 11. COMPLAINTS
- 12. LIABILITY
- 13. HOW YOU WILL KNOW ABOUT ANY CHANGES TO THESE TERMS AND CONDITIONS
- 14. CANCELLATION AND EXPIRY OF YOU CARD
- 15. ISSUER INFORMATION
- 16. OZAN LIMITED INFORMATION
Who We Are And How To Contact Us
Our site is operated by Ozan Limited (we or us). We are registered in England and Wales under company number 09561722 and have our registered office and main trading address at 9th Floor, The Shard, London Bridge Street, London, United Kingdom, SE1 9SG.
We are regulated by the Financial Conduct Authority as an Electronic Money Institution under the Electronic Money Regulations 2011 for the issuing of electronic money. We are included in the FCA’s registered of electronic money institution firms (Firm Registration Number 900482) which can be found on the FCA website. The FCA can be contacted at 25 The North Colonnade, London, E14 5HS or on telephone number (+44) (0)20 7066 1000.
To contact us, please contact customer services using the chat function, electronic telephone or via firstname.lastname@example.org on our site.
By Using Our Site You Accept These Terms
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There Are Other Terms That May Apply To You
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you decide to open an Ozan Account and purchase electronic money, our Electronic Money Terms will apply.
We May Make Changes To These Terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 16 November 2016
We May Make Changes To Our Site
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We May Suspend Or Withdraw Our Site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You Must Keep Your Account Details Safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the customer chat function on our website.
How You May Use Material On Our Site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do Not Rely On Information On This Site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We Are Not Responsible For Websites We Link To
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-Generated Content Is Not Approved By Us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on using the customer chat function.
Our Responsibility For Loss Or Damage Suffered By You
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the sale of electronic money and other services we provide to you, which will be set out in our Electronic Money Terms
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Uploading Content To Our Site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
We Are Not Responsible For Viruses And You Must Not Introduce Them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules About Linking To Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact us using the customer chat function on the website.
Which Country's Laws Apply To Any Disputes?
Our Trade Marks Are Registered
014631477 is an EU Registered trade mark of Ozan Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.
1. FEES AND CHARGES
1.1 All Fees and Charges relating to the Card are detailed on the fees page of the Ozan Website. Fees will be deducted from your Account balance.
1.2 If you make a transaction that requires one or more currency conversions, we will charge you a foreign exchange fee which is displayed in the “Fees” page of the Ozan Website. Where applicable, the exchange rate will be the wholesale rate applied by Visa and a percentage fee set by the Us. Wholesale exchange rates happen immediately without notice to you.
2. APPLYING FOR A CARD
2.1 You may apply for a physical Visa Card, or a one-time virtual Visa Card for YourAccount and each shall constitute a ‘Card’ for the purpose of these Terms and Conditions. Certain Card types may not be available to you. Please check YourAccount to see which Cards you can apply for.
2.2 The Card is a debit card that can only be used to spend the funds in yourAccount. It is not a credit card, charge card or guarantee card and is not attached to a bank account.
2.3 You can apply for up to four (4) Cards for Your Account at any one time.
2.4 A virtual Card is issued immediately on approval of your application. We will endeavour to send physical Cards to you within seven (7) days of approval,however, please be aware that in some instances it can take longer for yourCard to arrive.
2.5 If you receive a physical Card you must sign the signature strip on the back of the Card as soon as you receive it.
2.6 You will be asked to select a currency for Your Card from the currencies supported in your country of registration (the “Card Currency”).
3. CARD LIMITS AND USAGE
3.1 You can use Your physical Card with Your personal identification number("PIN") to withdraw cash from ATMs and at bank counters (where the bank permits it) or to buy goods and services online or at a point of sale. A withdrawal fee may apply to withdrawals (see Fee page of the Ozan Website).
3.2 When You use Your Card to pay for goods and services, You may need to enterYour unique PIN provided by Us. Once Your PIN has been accepted the transaction or ATM withdrawal cannot be cancelled by Us.
3.3 Transactions are subject to limits and compliance with the Account Terms. You can view the limits applicable to your Card in Your Account.
3.4 The one-time virtual Card is only valid for a limited period and can only be used for a single transaction. The expiration date will be shown on the Card.
3.5 We may decline a transaction, place restrictions on your Card or apply special security procedures in respect of transactions if:
(i) We reasonably believe the transaction poses a high risk of fraud;
(ii) We reasonably believe the transaction would be in breach of the Account Terms, these Terms and Conditions or our Acceptable UsePolicy.
(iii) The transaction and applicable fees will cause your Account to go into a negative balance
(iv) The transaction will take you over Your Card limits.
(v) To protect the security of Your Card, Account or personal data.
(vi) If we believe a transaction is unauthorised, illegal or fraudulent.
3.6 Payments using Your Card for any transaction made in a currency other than supported currencies, will be made using the Visa acceptance scheme. Any refunds for goods and services purchased with Your Card will be made in accordance with the refund policy of the merchant. Once We receive the funds, We will post the refund immediately.
3.7 All Card transactions you make will be initiated in the Card Currency You selected when applying for your Card and will enable you to spend the corresponding currency balance in Your Account. If you initiate a Card transaction, but Your Account does not have sufficient balance in the CardCurrency, we will automatically convert funds in Your Account in other currencies into the Card Currency so you can complete the transaction. If you do not have sufficient funds available in other currencies, the transaction will be declined.
4. KEEPING YOUR CARD AND PIN SAFE
4.1 Keep Your PIN safe, by memorising it, never disclosing it to anyone, or letting anyone see You enter it. We recommend You do not write it down. If You do write Your PIN down or disclose it to any other individual, You may be held liable for any fraudulent transactions made using Your Card.
4.2 If You suspect that someone else knows Your PIN, change it as soon as possible. If You are not able to do so, please contact Us immediately to discuss.
4.3 You should check recent transactions and monitor the transactions history ofYour Account. If You do not recognise a transaction, then report it immediately(see Clause 6 below).
4.4 We reserve the right to require You to register for, and/or use enhanced online transaction security systems for customer authentication, which may include a one-time password as well as Visa or other third party authentication.
5. REPORTING PHYSICAL CARDS LOST OR STOLEN
5.1 If Your physical Card is lost or stolen You must report it immediately by logging into your Account and using the online facility or by calling our 24 hours support line +44 (0)20 3966 6864. We will take immediate action to protect the funds in Your Account and cancel Your Card.
5.2 You can temporarily block the Card at any time by logging into your Account and using the “freeze” functionality.
5.3 If there are sufficient funds in Your Account to cover the delivery fee (see Fees), We will issue a new Card to Your current address within seven days.
6. REPORTING UNAUTHORISED TRANSACTIONS OR DISPUTED TRANSACTIONS
6.1 For information on reporting transaction disputes please see the Account Terms.
6.2 If You believe that any of the transactions on Your Card were unauthorised or incorrectly posted to Your Account, You must notify Ozan Customer Services as soon as You become aware but not later than 13 months of the date of the debit to Your Account. If the transaction is one where the exact amount of the transaction was unknown at the time of authorisation (e.g. car hire or a hotel reservation) and the transaction amount appears incorrect, You must notify Us within eight (8) weeks of the date of the debit to Your Account.
6.3 Unless We have reason to suspect fraud by You, or that You have failed to comply with these Terms and Conditions, or the Account Terms with intent or gross negligence We will refund the amount of the unauthorised or incorrect transaction(s) as soon as practical.
6.4 Where You have made an authorised transaction but have a dispute with the merchant, We will require You to provide written confirmation of the disputed transaction within 120 days of the transaction date. The written confirmation should be sent to Ozan using the contact form. Alternatively, You can contact Ozan Customer Services, in writing or by telephone, to request a form to complete. If
(i) We do not receive written confirmation; or
(ii) a refund is made in respect of a transaction that later turns out to be genuine,
Ozan will re-deduct the amount of the transaction from Your Account plus, in the event of 6.4(ii) only, You will be charged a fee of £20.00. Please note that any cash withdrawals will not be covered under the Visa scheme regulations.
6.5 If Our investigations show that there have been unauthorised or incorrectly executed transactions on Your Account then, provided that Your claim is made within the time limits specified in 6.2 You will not be liable for such transactions.
7. ADVISING CHANGES OF PERSONAL DETAILS OR FINANCIAL SITUATION
7.1 If You change name, address or contact details such as telephone numbers oran e-mail address You must notify Ozan within 14 days of the change.
7.2 It is also important to notify Ozan without delay of any changes to Your circumstances that may affect the running of Your Account or Your Card, by contacting Customer Services (details below).
8. WHAT WILL HAPPEN WHEN YOUR CARD EXPIRES
8.1 Providing you have sufficient funds in your account to pay the delivery fee, Physical Cards may be automatically renewed unless you advise us 30 days in advance that you do not wish to receive a new Card.
8.2 Unless stated otherwise, Your new Card will be on the same pricing plan as the expiring Card.
8.3 One-time virtual Cards will not be usable after the expiration date and a replacement Card will not be issued to you.
8.4 We reserve the right, in our sole discretion not to issue a new Card.
9. USE OF YOUR PERSONAL DATA BY THE ISSUER
9.2 We may use third parties to process personal data on Our behalf. Such third parties may include Our creditors or potential transferees of Our rights and obligations under this agreement.
9.3 We will process and retain personal data in order to open and administer YourCard, to deal with any enquiries You have about it and comply with ourRegulatory obligations. The types of personal data processed are likely to include, inter alia name, address, date of birth, contact details, financial information, employment details, device identifiers.
9.4 If We suspect that We have been given false or inaccurate information, We may record Our suspicion together with any other relevant information.Decisions may be made by automated means.
9.5 If false or inaccurate information is provided and fraud is identified, We may pass details to Fraud Prevention Agencies, including Cifas (“FPAs”).
9.6 Law enforcement agencies may access and use this information in order to detect, investigate and prevent crime.
9.7 We and other organisations may also access and use this information to prevent fraud and money laundering. When We and FPAs process Your personal data, we do so on the basis We have a legitimate interest in preventing fraud, money laundering, and to verify identity. These processes are carried out in order to protect Our business, Our customers, and to comply with regulatory requirements.
9.8 Please contact Customer Services, using the contact details below, if You want to receive details of relevant FPAs and/or contact Our Data Protection Officer.
9.9 We and other organisations may access and use the information recorded byFPAs in other countries.
9.10 We may check all personal information given by You with FPAs and other organisations. For the purpose of enabling use of your Card, We may also use information about any device, computer, network and browser You use.
9.11 Personal data may also be transferred confidentially to other organisations within the Issuer’s group of companies and to relevant third parties so that We can manage your Card.
9.12 You can also obtain any details of the information We hold about You and/or details of any other person to whom We may pass Your information, by writing to Us. You have a legal right to these details and, where applicable, to object to Us processing Your personal data and/or request that Your data is corrected or erased.
9.13 We reserve the right to process data in countries outside the European Union,however We will ensure adequate protection for personal data transferred to countries outside the European Union as required by data protection legislation.
9.14 To facilitate the processing of payments, We may share Card Usage information with specified third parties strictly in accordance with any nationally published Code of Conduct or similar, relating to the receipt and dispersal of government benefits.
9.15 You have the right to:
(i) know more about the information We pass to third parties or that is held by FPAs, or to obtain a list of the third parties with whom We share information.
(ii) receive details of the personal data We hold about You.
(iii) receive a copy of these Terms and Conditions at any time, a copy of which will be made available on the Ozan website.
10. THE LAW THAT APPLIES
English law applies to these Terms and Conditions and English courts will deal with any legal proceedings between us. All communications relating to YourAccount will be in English.
11.1 If you are unhappy with the service provided under these Terms andConditions please contact Ozan Customer Services so we can help you. If you wish to make a formal complaint, you can do so online, by phone or in writing using the Ozan Contact details at the bottom of these Terms and Conditions.
11.2 If We are unable to resolve any complaint through Our internal complaints procedure available on the Ozan website, and You are eligible, contact theFinancial Ombudsman Service at:
Address: Exchange Tower, London E14 9SR;
Telephone: 0800 023 4 567 (free from most landlines but charges may apply if using a mobile phone),
Mobile Phone: 0300 123 9 123 (calls by mobile cost no more than a national rate call to an 01 or 02 number);
12.1 If something which We are not reasonably able to control, including but not limited to defects relating to the Card or Account, stops or delays Us from doing something We are supposed to do under these Terms and Conditions,We will not be responsible for any loss which You may suffer.
12.2 If You are affected by something which is Our fault or was in our reasonable control to prevent, We will only be responsible for the financial loss actually debited from your Account and not for any other loss whatsoever (for example, loss of reputation and indirect and consequential losses).
12.3 Provided You have not acted fraudulently or with gross negligence Your maximum liability for any transactions or fees incurred on Your Card if someone else uses Your Card before You report it lost or stolen will be £35.00.“Gross negligence” could include keeping Your PIN close to Your Card, so that both are easy to use by a third party.
12.4 You will be responsible for
i) any unauthorised activity if You act fraudulently or with gross negligence; and
ii) any loss or fraud that results directly from Your failure to advise Us promptly of any name, address or contact details changes.
12.5 In the event that You do not use Your Card in accordance with these Terms and Conditions or We find that You are using the Card fraudulently, We reserve the right to charge You for any reasonable costs that We incur in taking action to stop You using this Card and to recover any monies owed as a result of Your activities.
12.6 We accept no responsibility or liability for the goods or services that You purchase with Your Card or for any product or service discounts arising from the purchase with Your Card.
12.7 We accept no responsibility or liability for a merchant refusing to accept YourCard or failing to cancel an authorisation.
13. HOW YOU WILL KNOW ABOUT ANY CHANGES TO THESE TERMS AND CONDITIONS
13.1 Except in exceptional circumstances, e.g. customer fraud or a security breach,We will give You 60 days’ notice of any material change to these Terms andConditions. Notice will be sent to the email address registered to Your Account.Changes will be deemed to have been accepted unless You notify Us to the contrary before the proposed date the change comes into effect. Rejection of any proposed changes will amount to termination of these Terms andConditions and the cancellation of Your Card.
14. CANCELLATION AND EXPIRY OF YOU CARD
14.1 You have the right to withdraw from these Terms and Conditions and cancel Your Card:
(i) within 14 days of the date of Your first Card transaction without cause and without penalty. We will refund the delivery charges if you cancel within this period.
(ii) at any time after the initial 14 day cooling off period. In this case, YourCard will be cancelled 10 days after We receive the withdrawal notice and you will be charged a cancellation fee.
14.2 We have the right to terminate this agreement and cancel a Card without cause by giving you 60 days written notice.
14.3 The Card will automatically be cancelled if:
(i) Your Account is closed for any reason; or
(ii)The Issuer ceases issuing Cards for Ozan.In this case, Ozan will contact you to advise if another Card will be issued to you by another issuer or by Ozan directly.
14.4 We may at any time and without notice suspend, restrict, block or cancel YourCard, or refuse to issue or replace a Card for reasons relating to the following:
(i) any of the information that You provided to Us when You applied for theCard was materially incorrect or false;
(ii) to comply with any applicable regulations or legislation;
(iii) You die;
(iv) You have not complied with these Terms and Conditions or your AccountTerms or your Account is suspended;
(v) We have reason to believe that You have used, or intend to use, YourCard in a grossly negligent manner or for a fraudulent or otherwise unlawful purpose;
(vi) You use racist, threatening or abusive behaviour towards Our staff, or harass Our staff (including via social media).
If We take any of the steps referred to in this Clause 14.4, We will notify You as soon as We can or are permitted to do so after We have taken these steps. We may ask You to stop using Your Card and return it to Us or destroy it. We will issue You with a replacement Card if after further investigations We believe that the relevant circumstances (as set out in Clause 14.4(ii)) no longer apply.
14.5 Subject to giving You 60 days’ notice We may i) assign the benefits and burden of these Terms and Conditions to another organisation at any time. IfWe do not hear from You prior to the expiry of the 60 days We will assume You are agreeable to the change.
15 ISSUER INFORMATION
Moorwand Limited is a company incorporated in the United Kingdom under registered number 08491211 with registered office at 30 St Mary Axe, London,England, EC3A 8BF. Moorwand Is authorised by the Financial Conduct Authority in the UK (registration number: 900709). Moorwand issues cards pursuant to a licence from Visa Europe Limited.
See the contact details on Our website www.moorwand.com.
16. OZAN LIMITED INFORMATION
Ozan Limited is a company incorporated in the United Kingdom under registered number 09561722, with registered office at 9th Floor, The Shard, London BridgeStreet, London, England, SE1 9SG. Ozan Limited is authorised by the FinancialConduct Authority (FRN 900482) under the Electronic Money Regulations 2011for the issuing of electronic money.
To contact Ozan Customer Service, please use the contact form on our website.