March 2022 – V 1.0
DEFINITIONS – including the Definitions listed in the FDDK HEALTH CARD General Terms and Conditions.
“Agreement” means these Terms and Conditions, (together in accordance with 1.1);
“Available Funds” means at any given time any unspent funds loaded onto Your Account which is available to pay for transactions and fees and charges payable under this Agreement.
“Card” or “Health Card” means the HEALTH CARD card issued by FDDK to You.
“Commencement Date” means the date You commence using the Card or activate it.
“PIN” means Your unique personal identification number which is provided to You for use with Your Card.
“We”, “Us” or “Our” means FDDK.
“You” or “Your” refers to the cardholder.
1. INFORMATION ON WHO WE ARE AND THIS AGREEMENT
1.1 This Agreement sets out the general Terms and Conditions that apply to the HEALTH CARD. These Terms and Conditions form an Agreement between You and Us governing the possession and use of the Card. By using the Card or activating it (see Condition 2.3 below) You agree to the Terms and Conditions in the Agreement.
1.2 Cards are issued by FDDK.
1.3 This Agreement will commence on the Commencement Date and will terminate in accordance with Condition 8. This Agreement and all communications between Us and You shall be in the English language.
2. CARDS
2.1 The Card is a digital payment card which may be used to pay for goods and services at FDDK locations and venues. It is designed for use at locations where You are physically present.
2.2 The Card is a digital payment card and is linked to Your HEALTH CARD Account. You must ensure that You have sufficient Available Funds on the HEALTH CARD Account to pay for each purchase or payment using the Card. The Card is intended for use as a means of payment, and funds loaded onto the Card do not constitute a deposit. You will not earn interest on the balance of the Card. Please check Condition 7 of this Agreement for further information.
2.3 When You receive Your Card, it will be issued to You without Available Funds. To use the card for purchases or payments, funds need to be deposited into your HEALTH CARD Account.
3. FEES AND CHARGES
3.1 Transactions done with the Card are free of fees. For payments done using the card or depositing funds into your account no transaction fees will be imposed.
3.2 Replacement of the Card, after loss of the card or for another reason, will be subject to a replacement fee of Naf 5,00.
4. HOW TO USE THE CARD
4.1 We will be entitled to assume that a transaction has been authorized by You where the magnetic strip on the Card was swiped by the retailer.
4.2 Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Card the transaction will be declined. Where there is a negative balance on Your Card, We may require You to make up the shortfall and, until there are Available Funds on Your Card, We may restrict or suspend the use of Your Card.
4.3 The Card may be used for full or part payment of purchases. In the case of a part payment, the cardholder will be required to pay the outstanding amount of the purchase by an alternative means, for example, by debit card or credit card.
4.4 Normally, We will be able to support transactions 24 hours per day, 365 days per year. However, We cannot guarantee this will be the case, and in certain circumstances – for example, a serious technical problem – We may be unable to receive or complete transactions.
5. RESTRICTIONS ON USE OF THE CARD
5.1 You must ensure that You have sufficient Available Funds on Your Account to pay for each purchase, or payment using the Card.
5.2 The Card is linked to a dedicated Account but is not a cheque guarantee card, charge card or credit card, nor may it be used as evidence of identity.
5.3 We may restrict or suspend use of Your Card without notice if We identify or suspect that suspicious, fraudulent or illegal activities are being carried out in relation to the Card, if We believe You have not complied with these Terms and Conditions, or in the event of exceptional circumstances which prohibit the normal operation of the Card.
5.4 Unless it would be unlawful for Us to do so or it is impracticable for Us to do so, where We stop or suspend the use of Your Card in accordance Condition 5.4, We will notify You of this and Our reasons for doing so, by sending an email to the email address You provided Us with when You obtained the Card. Where it is not possible to notify You before We stop or suspend the Card, We will notify You as soon as possible after We have stopped or suspended the Card.
5.5 The Card may only be loaded via channels that We approve. The type and nature of these load channels will depend on the commercial relationship We have with Our partners. We will describe these load channels applicable to Your Card on the Website, however should You have any questions about ways to load Your Card please contact Our Customer Services team in accordance with Condition 13.
6. MANAGING YOUR CARD
6.1 We will provide you with real-time online statements by mean of email containing the details of your purchases or deposits, stating the transaction date, transaction amount and new balance.
7. EXPIRY OF THE CARD
7.1 The Card and corresponding account have no predefined expiry date. Should no transactions be done using the card for a period of 1 year (365 days) the account will be terminated and the Card will expire. This Agreement shall terminate along with it, as stipulated in Condition 8.
8. TERMINATION OF THIS AGREEMENT
8.1 Subject to clauses 8.2 and 8.3, this Agreement will terminate in case we receive a request for cancellation by You and/or redemption by You of the entire remaining balance on Your Account.
8.2 We may terminate this Agreement and inform You of the termination immediately unless prohibited by law:
8.2.1 If You breach an important part of this Agreement, or repeatedly breach the Agreement and fail to resolve the matter within [10] days, or use Your Card or any of its facilities in a manner that We believe is fraudulent or unlawful;
8.2.2 If You act in a manner that is threatening or abusive to Our staff, or any of Our representatives, or
We may terminate the Agreement for no or any reason, including the reasons above, by giving you two months’ notice.
8.3 You may terminate the Agreement at any time free of charge by contacting Us using the contact details in clause 13.1.
8.4 If the Agreement terminates, We will cancel Your Card and You must tell Us as soon as practicable what You want Us to do with any unused Available Funds on Your Card by sending an email to healthcard@fddk.cw.
9. KEEPING YOUR CARD AND DETAILS SAFE
9.1 We will assume that all transactions entered into by You with Your Card or Card details is made by You unless You notify Us in accordance with Condition 10.1.
9.2 You are responsible for keeping Your Card and its details safe. This means You must take all reasonable steps to avoid the loss, theft or misuse of the Card or details. Do not disclose the Card details to anyone except where necessary to complete a transaction. You should be happy that the retailer or service provider is genuine and has taken adequate steps to safeguard Your information before proceeding with the transaction and supplying them with the physical Card or details.
9.3 You must keep Your PIN safe at all times. This includes:
9.3.1 Memorizing Your PIN as soon as You receive it. If You need to write down Your PIN in order to help You remember it, You must make sure it is well disguised;
9.3.2 Never write Your PIN on Your Card or on anything You usually keep with Your Card;
9.3.3 Keeping Your PIN secret at all times, including by not using Your PIN if anyone else is watching; and
9.3.4 Not disclosing Your PIN to any person, except that You may disclose the PIN orally (but not in writing) to a person authorized to use Your Card.
NEVER COMMUNICATE YOUR PIN TO ANYONE IN WRITING. This includes printed messages, e-mails and online forms.
10. LOST, STOLEN OR DAMAGED CARDS
10.1 If You lose Your Card or it is stolen or damaged please notify Us immediately by telephoning Our Customer Services team in accordance with Condition 14 of this Agreement. You will be asked to provide Your Card number and other information to verify that You are the authorized cardholder. Following satisfactory completion of the verification process, We will then immediately block any lost or stolen Card to prevent unauthorized use and cancel any damaged Card to prevent further use.
10.2 After You have notified Us of the loss, theft or risk of misuse, and providing that We are able to identify Your Card and satisfy certain security checks, We will issue a replacement Card and/or PIN to You. Certain fees may apply for the re-issue of a lost or stolen card, please see clause 3 for further details.
10.3 If We believe You have acted fraudulently, or if We believe You have intentionally or with gross negligence failed to keep Your Card or its details safe at all times, We will hold You liable for all transactions and any associated fees.
11. PURCHASED PRODUCTS AND GOODS
11.1 We are not responsible for the safety, legality, quality or any other aspect of the goods and services purchased with the Card.
12. TRANSACTION DISPUTES
12.1 If You believe You did not authorize a particular transaction or that a transaction was incorrectly carried out, in order to get a refund You must contact Our Customer Services team without undue delay - as soon as You notice the problem, and in any case no later than 4 weeks after the amount of the transaction has been deducted from the Card. We will as soon as practicable, and in any event no later than the end of the Business Day following the day on which We become aware of the unauthorized transaction, refund any unauthorized transaction and any associated transaction fees and charges payable under this Agreement subject to the rest of this clause 13 except in cases where We have a reasonable suspicion that You have acted fraudulently, or have authorized the transaction, in which case We will conduct an investigation as quickly as possible and notify You of the outcome. If the investigation shows that the transaction was indeed unauthorized, we will refund you as set out above in this clause 12.1.
12.2 If a transaction initiated by a retailer (for example, this happens when You use Your Card in a shop) has been incorrectly executed and We receive proof from the retailer’s payment service provider that We are liable for the incorrectly executed transaction, We will refund as appropriate and immediately the transaction and any associated transaction fees and charges payable under this Agreement.
We are not liable for any incorrectly executed transactions if we can show that the payment was actually received by the retailer’s payment service provider, in which case they will be liable.
[If a transaction initiated by You has been incorrectly executed, We will refund without undue delay the transaction and any associated transaction fees and charges payable under this Agreement except where any payment instructions You gave Us were incorrect, in which case We will make reasonable efforts to recover the funds but may charge You a reasonable fee to cover our administration costs, of which we will notify You in advance.]
13. CUSTOMER SERVICES
13.1 Our Customer Services team are normally available 9am to 5.30pm Monday to Friday. During these hours We will endeavor to resolve all enquiries immediately, however please note that certain types of enquiry can only be resolved during normal business opening hours. You can contact Our Customer Services team by the following methods:
If We need to contact You or send You a notification under this Agreement, We will do so by sending an email to the email address You provided Us with when You obtained the Card.
14. LIMITATION OF LIABILITY
14.1 None of the organizations described in clause 1.2 and 1.3 will be liable for:
14.1.1 any fault or failure relating to the use of the Card that is a result of abnormal and unforeseeable circumstances beyond Our control which would have been unavoidable despite all Our efforts to the contrary, including but not limited to, a fault in or failure of data processing systems;
14.1.2 the goods or services that You purchase with Your Card;
14.1.3 any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; or
14.1.4 a merchant refusing to honour a transaction or refusing a payment; or
14.1.5 any acts or omissions that are a consequence of Our compliance with any national law.
In any event the liability of the organizations described in clause 1.2 and 1.3 will be limited to the balance of the Card at the time that the event occurs.
14.2 In addition to the circumstances in clause 14.1, Our liability shall be limited as follows:
14.2.1 where Your Card is faulty due to Our fault, Our liability shall be limited to the replacement of the Card or, at Our choice, repayment to You of the Available Funds on Your Card; or
14.2.2 where sums are incorrectly deducted from Your Card due to Our fault, Our liability shall be limited to payment to You of an equivalent amount.
14.3 In all other circumstances of Our default, Our liability will be limited to repayment of the amount of any Available Funds on the Card.
14.4 Nothing in this Agreement shall exclude or limit any regulatory responsibilities We have which We are not permitted to exclude or limit, or Our liability for death or personal injury.
14.5 If You have used Your Card or allowed Your Card to be used fraudulently, in a manner that does not comply with these Terms and Conditions, for illegal purposes, or if You have allowed Your Card or details to be compromised due to negligence You will be held responsible for the use and misuse of the Card. We will take all reasonable and necessary steps to recover any loss from You, and there shall be no maximum limit to Your liability except where relevant laws or regulations impose such a limit. This means You should take care of Your Card and details and act responsibly, or You will be held liable.
14.6 As a responsible issuer of digital tokens We take the security of Your tokens very seriously. Your funds are held in a secure Designated Segregated Client Account, specifically for the purpose of redeeming transactions made via Your Card. In the unlikely event of any insolvency, funds that have reached Our account will be protected against claims by creditors. We will be happy to talk through any questions or concerns You might have. Please contact Our Customer Services team for further information.
15. YOUR PERSONAL INFORMATION
15.1 We collect certain information about the purchaser and the users of the Card in order to operate the Card programme. HEALTH CARD is the Data Controller of Your personal data, and will manage and protect Your personal data in accordance with local laws.
15.2
15.3 Unless You have provided Your explicit permission, Your personal data will not be used for marketing purposes by Us or Our commercial partners (unless You have independently provided Your consent to them directly), nor will it be shared with third parties unconnected with the Card scheme.
15.4 You have the right to request details of the personal information that is held about You, and You may receive this by writing to Us. Where legally permitted, We may charge for this service.
16. CHANGES TO THESE TERMS AND CONDITIONS
16.1 If any changes are made, they will be publicized on our website at least 2 months before the changes take effect (unless the law requires or permits Us to make a more immediate change or in the event of a change to the exchange rate). Copies of the most up-to-date version of the Agreement will be made available on our website at all times and will be sent to you by email upon request free of charge at any point during the Agreement.
16.2 We will also notify you of any change to the Agreement by email at least 2 months in advance. You will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Card. If you do not accept the change, you may end this Agreement immediately and free of charge before the expiry of the notice.
16.3 There may be times when we will have to change this Agreement without notice or with a notice shorter than 2 months but this would happen in a very limited number of cases and only for legal, regulatory or security reasons, or to enable the proper delivery of the Card scheme. If this is the case, we will notify you of such changes with as much notice as possible, or as soon as possible after the change has taken effect if advance notice is not possible. Your right under clause 8.3 to terminate the Agreement at any time free of charge would not be affected.
17. LAW AND COURTS
17.1 This agreement and any agreements derived thereof shall be governed by the laws of Curaçao. All conflicts with regard to this agreement and any agreements derived thereof should be brought to the Court of First Instance in Curaçao.
18. ASSIGNMENT
18.1 We may assign the benefit and burden of this Agreement to another company at any time by giving You 2 months’ notice of this. If We do this, Your rights will not be affected.