These General Terms & Conditions (“Terms & Conditions”) apply for use of the “boon.” payment method ("boon") that is made available to you by Wirecard Card Solutions Limited ("Wirecard"). Wirecard is therefore your contractual partner.
Wirecard is a company that is based at Grainger Chambers, 3-5 Hood Street, Newcastle upon Tyne NE1 6JQ England (tel: +44 191 227 5450, email: email@example.com) and is registered for England and Wales at Companies House, Cardiff under Company Number 07875693. Wirecard’s main business is running e-money operations and providing related payment services. The supervisory authority responsible for Wirecard is the Financial Conduct Authority (25 The North Colonnade, Canary Wharf, London E14 5HS, www.fca.org.uk). Wirecard is registered with the Financial Conduct Authority under no. 900051.
1. General Information
1.1 boon. is a payment instrument which you can use via your Mobile Device (see item 2.1) and the boon. App installed on it (“boon. App“) for private purposes. You can use the boon. App subject to the present Terms & Conditions for cashless payments for goods and services where boon. is accepted (“Contracting Company”). Making payments using boon. on the internet, via telephone, fax, email or any other distance communication is not possible.
1.2 A cashless payment can be effected as a Point-of-Sale transaction, by using your Mobile Device (see item 2.1) or via a merchant website using the boon. Card (see item 1.3) details (“E-Commerce Transaction”, and collectively “Payment Transaction”). Other methods of Payment Transactions, particularly via phone, telefax or email, are not possible.
1.3 For using boon. you are allocated a boon. Account (“boon. Account”) as well as a virtual credit card boon. Card (“boon. Card”). The boon. Card is connected to a boon. Account. Once your boon. App is activated you can add your boon. Card to your Mobile Device.
1.4 The installation of the boon. App, its use, including a possible redemption of your funds in the boon. Account, are subject to these Terms & Conditions, which together with the data protection policy (see item 17) and Annex "boon. Prices and Services” constitute the contract (“Contract“) between Wirecard and the Account holder (hereinafter “you“ or “your“).
1.5 The funds on your boon. Card do not yield any interest.
1.6 Payments with boon. can only be made up to the amount of the funds in your boon. Card.
1.7. Due to changes of security risks Wirecard shall be entitled to make the use of the boon. App subject to the fulfillment of additional obligations by you.
1.8 Your mobile communications provider may charge costs for installation and/or use of the boon. App and for the data flows connected with it. Please check the agreements in place with your mobile communications provider for further details.
2.1 In order to apply for and use boon. you have to be 18 or over and have a mobile device (smartphone, wearable device such as a smartwatch etc.) that supports boon., possible together with a digital wallet from a provider who has entered into an agreement with Wirecard and/or an affiliated company of Wirecard regarding the use of boon. (“Digital Wallet“) (“Mobile Device”).
2.2 To apply for boon. you have to download the free boon. App from the relevant App Store and install it on your Mobile Device in accordance with the downloading and installation instructions provided.
2.3 After installation of the boon. App according to item 2.2 you have to register via your boon. App. During registration ("Sign-up Process") you will be requested particularily:
- To enter the requested personal data
- To set a password for logging-in to your boon. Account and for performing certain processes in the boon. App;
- To choose a security question and provide the respective answer;
- To set a personal identification number ("PIN") for triggering payments (see item 4; the PIN must consist of at least four characters, of which three characters have to be different and may not be in numerical order); and
- Read and accept these Terms & Conditions; During installation you might also have to complete
- (i) any biometric or other identification process on your Mobile Device, and
- (ii) if you would like to use your boon. Card though a Digital Wallet, complete the process on your Mobile Device to connect your boon. Card to the Digital Wallet
2.4 Upon installation you confirm that your information is true, correct and up to date. You are obliged to inform Wirecard without delay about any change of your information (such as name, place of residence, telephone number, etc.).
3. boon. Level
3.1 boon. is available in various levels (“boon. Level”). The scope of possibilities for using boon. depends on the boon. Level you have chosen. Further information can be obtained during the order process via your boon. App.
3.2 In order to activate any boon Level other than boon. Level 1 you have to register for the required boon. Level. During the respective application process you have to enter the data required by Wirecard according to the instructions provided by the boon. App and perform the respective identification measures. Wirecard is entitled to refuse the activation of the boon. Level you have requested if Wirecard has doubts regarding the accuracy of the data you have provided, if the assessment of your credit standing is negative or if any other important reason exists. The access to another boon. Level is effective upon Wirecard’s confirmation via the boon. App.
3.3 Owing to the statutory anti-money laundering regulations which apply for Wirecard, Wirecard is, before concluding a Contract and throughout the term of any Contract concluded, obliged to obtain certain information and documents from you regarding your identity, as well as on other circumstances of relevance for the contractual relationship where applicable. At Wirecard’s request, you are obliged to provide the information and documents required for compliance with its anti-money laundering obligations and to report without delay any changes occurring during the contractual relationship.
4. Payment using boon.
4.1 In order to effect Payment Transactions you need a PIN which you set during the Sign-up Process (see item 2.3) and which you can alter at any time thereafter via the boon. App. boon. can no longer be used for Payment Transactions if you have entered the wrong PIN for three consecutive times. In any such event, please contact Wirecard.
4.2 Authorisation of a cashless payment order is granted by adhering to the merchant's instruction which may include:
- holding your Mobile Device with your boon. App in front of a merchants‘ contactless terminal and authorising the Payment Transaction by completing the biometric or other identification process on your Mobile Device;
- by holding your Mobile Device with your boon. App in front of the merchant’s contactless terminal and authorise the cashless payment by skin contact;
- signing the purchase receipt at the merchant;
- by selecting the Digital Wallet on the internet or in the App and authorising the Payment Transaction by
- (i) completing the biometric or other identification process on your Mobile Device , or
- (ii) skin contact on your Mobile Device; or
- by entering your boon. Card details on the merchant’s website and confirming the Payment Transaction.
On some occasions (for example, payments you make at hotels or at fuel stations), you may pre-authorise a Transaction. This means Wirecard places a temporary block of a specific amount on the balance of your boon. Card. You should ensure you know the exact amount of the Payment Transaction at the time you per-authorise it. Wirecard shall release any blocked funds without undue delay as soon as Wirecard is aware of the exact amount of the Payment Transaction and immediately after receipt of the relevant transaction instruction.
4.3 Once you have given authorisation, a Payment Transaction order cannot be revoked. You can revoke the authorisation of a Payment Transaction order at any time before receipt of the Payment Transaction order according to item 5 by us. After receipt of the authorisation by us, a revocation is no longer possible. These authorisations will be reviewed by us almost instantaneously and it is unlikely you will be able to withdraw your authorisation for a transaction before this time.
4.4 Objections and other complaints concerning your contractual relationship with the Contracting Company within which boon. was used must be filed with the Contracting Company directly and do not affect the relationship with Wirecard.
4.5 The amount you can spend from your boon. Account in any single Payment Transaction may be limited according to statutory provisions or the Contracting Company’s terms & conditions of acceptance.
4.6 Wirecard is entitled to reject a Payment Transaction order:
- If you have not duly authorised the transaction;
- If the potential value as well as any applicable fees exceed your funds;
- If an error, failure or a rejection occurs on the part of the Contracting Company, card network or payment program;
- If there is a suspicion that you are in breach of these Terms & Conditions;
- If your boon. App is blocked; or
- If there is a suspicion that the execution of the Payment Transactions would constitute a breach of statutory provisions (e.g. of anti-money laundering regulations).
In this case you will be notified by your boon. App as soon as possible, except if the notification would constitute a breach of any of Wirecard's statutory obligations. In case of cashless payments via a Point-of-Sale you will normally receive an error message in form of a paper receipt which confirms that the payment has not been performed. In case of E-Commerce Transactions the error message confirming that the Payment Transaction has not been performed will appear on the screen of your Mobile Device.
4.7 The amount of any Payment Transaction as well as any applicable fees and expenses will be directly debited to your boon. Card. If the total amount of a requested Payment Transaction including the applicable fees exceeds the funds on your boon. Card, the Payment Transaction is not allowed and will be rejected according to item 4.7.
4.8 You acknowledge any and all Payment Transactions made with your boon. Card from your Mobile Device and registered in your boon. App as a Payment Transaction.
4.9 Payment Transactions in foreign currencies will be debited to your boon. Card in CHF. The conversion rate that is applied for foreign currency transaction is shown in the Annex “boon. Prices and Services“. Any change of the reference exchange rate as stated in the currency conversion clause will take effect immediately and without your prior notification. Changes of exchange rate take effect immediately if the change is to your benefit or of it results from a change of the reference exchange rate of the credit card company.
4.10 Wirecard is entitled to request the reimbursement of expenses which result from your use of boon. and exceed your available funds.
5. Receipt of the Payment Transaction Order and Execution Time
5.1 The Payment Transaction order for cashless payments is received by Wirecard on receipt of the Payment Transaction order from the Contracting Company.
5.2 Upon receipt of the Payment Transaction order Wirecard is obliged to ensure that the payment amount in Payment Transactions done in Euro and in other EEA-currencies within the European Economic Area (EEA) is received by the payee’s payment provider within one (1) business day. Payment Transactions within the European Economic Area (EEA) done in other currencies than Euro or EEA-currencies will be effected within four (4) days of receipt of the Payment Transaction order by Wirecard. Payment Transactions outside the European Economic Area (EEA) will be effected as soon as possible after receipt of the Payment Transaction order by Wirecard. In connection with this item 5.2 payments received by Wirecard on any day other than a business day or after 4:00 pm are deemed to be received only on the next business day.
5.3 A business day means any day (except Saturday and Sunday) on which banking institutions in London are open for public business.
6. Topping-Up the boon. Card and Account Information
6.1 You can top-up your boon. Card in the manner agreed with Wirecard, but only up the agreed maximum amounts. The maximum amounts result from the boon. Level as well as from the limits of use individually agreed with Wirecard. Top-up amounts that would result in the agreed maximum top-up amount being exceeded are rejected and transferred back to the payer.
6.2 Wirecard reserves the right to reject individual top-ups and top-up possibilities without notice, in order to prevent fraud, money laundering or other criminal activities.
6.3 You can top-up the boon. Card as follows:
- By using a debit or credit card issued to you;
- By making a transfer from a personal bank account held in your name;
Topping-up your boon. Card may be subject to top-up fees (see item 7).
6.4 Information regarding the funds on your boon. Card and the Payment Transactions are available on your boon. App. We recommend you to check the balance and the transaction history regularly. Through the boon. App, you will be able to (amongst other things) view your transaction history and view your boon. Card details. You can contact Wirecard via email or phone if you would like copies of your transaction statements to be provided to you in another way. Where possible, Wirecard will try and accommodate your request.
6.5 You have to inform Wirecard without delay in case of any discrepancies regarding your funds or individual Payment Transactions.
7. Fees and Expenses
7.1 Wirecard charges you fees for the provision and use of your boon. Card. These may include:
- Fees for topping-up your boon. Card ("Top-up Fee“)
- Ongoing monthly fee („Monthly Fee“),
- Fee for using your boon. Card to make payments in a currency other than the in which the boon. Account is set up („Foreign Currency Fee“);
- Fee for redeeming your balance („Redemption Fee“), and/or
- Fees for undertaking investigations where you request that a transaction is refunded („Investigation Fee“).
- The fees and expenses for the use of boon. are detailed in Annex “boon. Prices and Services“ and are subject to changes from time to time.
7.2 Any changes to the fees will be notified to you in text form (e.g. by email or via your boon. App) no later than two months before the proposed effective date for such changes. Unless you send Wirecard a refusal to accept the changes before the proposed effective date, your approval is deemed to be given. In the Wirecard's notification Wirecard will expressly draw your attention to this consequence.
7.3 If you are notified of any changes to fees, you can also terminate the Contract without notice period and free of charge before the proposed effective date for such changes. In the Wirecard's notification Wirecard will expressly draw your attention to this right of termination.
8.1 During the term of the Contract and within five (5) years upon termination of the Contract you can request Wirecard at any time to disburse all or some of the funds on your boon. Card (“Redemption“).
8.2 Any Redemption will only be made by transfer to an account in your name at a bank based in Switzerland or another member state of the European Economic Area.
8.3 Redemption of the balance can only be requested insofar as the funds have not been blocked for Payment Transactions that have already been authorised.
8.4 Any Redemption request needs to be in writing. Before complying with any Redemption request, Wirecard is entitled to check your identity and demand suitable proof of identity to that end.
8.5 Fees in accordance with Annex “boon. Prices and Services“ may incur for any Redemption requested by you either before the Contract has been terminated or more than one (1) year after the Contract has terminated. Any Redemption may also be subject to fees according to Annex “boon. Prices and Services” if you terminate the Contract before the end of the contractual term agreed with Wirecard.
8.6 Funds credited to your boon. Card out of Wirecard’s own resources (e.g. in connection with a bonus campaign) can only be used for Payment Transactions. In respect of such funds, no entitlement to Redemption exists.
9. Unauthorised or incorrectly executed Payment Transactions
9.1 You must inform Wirecard immediately upon becoming aware of any unauthorised or incorrectly executed Payment Transaction. Wirecard will investigate the Payment Transaction and, in case of a confirmation of the error and subject to item 13, restore the position of your boon. Card in which it would have been without the unauthorised or incorrect Payment Transaction. Excluded from this are improper or fraudulent Payment Transactions that result from a breach of these Terms & Conditions on your part.
9.2 Wirecard may charge you fees for the investigation (see item 7).
10. Blocking your boon. Account
10.1 Wirecard is entitled to block your boon. Account and your boon. Card if:
- Wirecard is entitled to terminate the Contract for important reason;
- This is justified by factual reasons in connection with the security of boon.; or
- A suspicion regarding an unauthorised or fraudulent use of boon. exists.
10.2 Wirecard will notify you by email of the blocking if possible before but at the latest immediately after the blocking. Stating the reasons for the blocking may be omitted insofar as Wirecard would otherwise breach statutory obligations. Wirecard will lift the blocking if the reasons for it no longer apply. Wirecard will likewise notify you by email to this effect without delay.
11. Third Party Provider
11.1 You can choose to allow a third party provider ("TPP") to access information on your boon. Account, to combine and display information about your boon. Account with information from accounts you have with other payment service providers, provided the TPP is authorised by the competent regulator and you have given an explicit consent which complies with the applicable law.
11.2 If you are thinking of using a TPP, you must check with the competent regulator whether that TPP is authorised before you use it.
11.3 Wirecard can refuse or stop access to a TPP if Wirecard is concerned it isn’t authorised or if Wirecard believes it is acting fraudulently. If that happens, Wirecard will contact you to explain why unless Wirecard believes that that would compromise its security or would be unlawful.
12. Duty of Care and Duties to Inform in Case of Theft or Loss
12.1 You should keep your Mobile Device with the boon. App with particular care in order to prevent any theft or misuse by third parties.
12.2 Your Mobile Device must be secured with a security code (“Security Code”) against unauthorised use.
12.3 Neither the Security Code nor the PIN may either be stored in your Mobile Device or be otherwise stored electronically (not even in modified form) not may they be easy accessible.
12.4 Security Code and PIN may not be sent, passed on or otherwise made available to third parties (e.g. by unprotected entering into the Mobile Device).
12.5 If you ascertain that any other person has knowledge of your Security Code or your PIN or if you have any suspicion in this regard you must immediately change your Security Code and PIN.
12.6 You have to notify Wirecard immediately by phone at 00800 9473 2270 in case of any loss or theft of your Mobile Device, access of third parties to your boon. App, boon. Card or the PIN or any other unauthorised use of your boon. App. (“Blocking Notification“), in order to have your boon. Account blocked. Upon blocking your boon. Account your boon. Card is automatically blocked. You have to report any suspicion on offences immediately to the local police at home or abroad and contribute to the best of your knowledge to the investigation and minimisation of damages.
13. Your Liability
13.1 case of simple negligence (leichte Fahrlässigkeit) you will be liable for all Payment Transactions performed with your boon. App before the Blocking Notification up to an amount of EUR 50.
13.2 In case of (fraudulent) intent or gross negligence you are fully liable for all Payment Transactions with your boon. App before the Blocking Notification.
13.3 Gross negligence on your part can be deemed to have occurred in particular:
- If you have culpably failed to immediately notify Wirecard of the loss or theft or of the unauthorised Payment Transaction;
- If the PIN was stored on your Mobile Device with your boon. App;
- If you have disclosed the PIN to a third party, resulting in misuse;
- If you have disclosed the boon. Account details with another person, resulting in misuse; or
- If you have kept, written down, stored or otherwise made available the boon. Account details outside the boon. App.
- After receipt of the Blocking Notification Wirecard will assume all losses caused by Payment Transactions with your boon. Account. If you act with (fraudulent) intent, you will also bear any losses arising subsequent to the Blocking Notification.
14. Wirecard’s Liability
14.1 Except for intent or gross negligence Wirecard shall be only liable:
- For breaches of material contractual terms, the compliance of which is of particular importance for achieving the object of the Contract;
- For the typically foreseeable, direct damage and
- For CHF 5000 —per damage.
14.2 Wirecard’s liability for defaults of an intermediary regarding the processing of a Payment Transaction is in each case limited to the diligent selection and instruction of such intermediary.
14.3 Claims against Wirecard are generally excluded, unless you have informed Wirecard within 13 months after the day of the debit of the unauthorised or false Payment Transaction.
14.4 Claims against Wirecard are excluded if the circumstances that give rise to a claim were caused by an unusual and unforeseeable event over which Wirecard has no influence and which Wirecard could not have averted the consequences of such event even exercising all due care or were caused by Wirecard's compliance with statutory obligations.
15. Technical Information
15.1 Via your boon. App you will be notified about available updates (“Updates”) for the boon. App. In order to use all functionalities in boon. fault-free, you have to immediately download each available Update from the relevant App Store and install it on your Mobile Device.
15.2 boon. is available for use 24/7, 365 days per year with an average annual availability of 98% (“boon. Availability Rate”). If maintenance work is required and if boon. is not available for use for that reason, Wirecard shall inform you accordingly in a timely fashion and whenever possible in advance. Downtimes caused by maintenance work are not counted towards the boon. Availability Rate. Wirecard is not responsible for downtimes caused by the internet / network, or for downtimes during which boon. is not available for use caused by technical or other problems that are beyond Wirecard’s control (e.g. force majeure).
15.3 The boon. App is provided to you without any warranty and in the available form. Wirecard does not grant any warranty that the boon. App meets your requirements, that the boon. App or the boon. Card operates without any interruptions or failures or that the boon. App is free from viruses, corrupt files, trojans or similar software or programs.
15.4 You are responsible for the configuration of your Mobile Device and the operating systems and software installed on it, in order to enable access to the boon. App and the Digital Wallet.
16. Rights to boon. App
16.1 Wirecard retains any and all intellectual property rights in the boon. App. To the extent required for using the boon. App and in accordance with these Terms & Conditions, Wirecard grants you for the duration of the Contract a non-exclusive, non-transferable right for use of the boon. App which right may not be sublicensed. You are not entitled to any underlying software in form of the source code or in form of an unencrypted coding.
16.2 You are not permitted (i) to circulate copies of the boon. App, (ii) to copy, reproduce, modify, alter, reverse engineer, disassemble, decompile, transfer, assign, exchange or translate the boon. App or (iii) to create any derivative works from the boon. App and you are prohibited from allowing third parties to do such acts on your behalf.
16.3 You may not damage the boon. App, interfere with the access to the boon. App or its functionalities or impair it or misuse it in any other manner. In particular you are prohibited from uploading viruses, trojans or other malware to the boon. App and from disseminating same via the boon. App.
17. Data Protection
Wirecard will collect, process and use your personal data in accordance with the applicable data protection regulations.
18. Term and Termination of the Contract
18.1 Unless otherwise individually agreed, the Contract is concluded for an indefinite period of time and remains in force until it is terminated.
18.2 You may terminate the Contract immediately at any time and without notice period. A termination is mandatory if you switch from your Mobile Device to any mobile or wearable device or to a digital wallet which does not support boon. or give up your phone number you have registered with.
18.3 Wirecard is entitled to terminate the Contract with a notice period of two (2) months. Wirecard will terminate the Contract observing a longer notice period if this is deemed fit when taking into account your legitimate interests.
18.4 Wirecard may terminate the Contract immediately at any time and without notice period if an important reason exists in the view of which it is unreasonable for Wirecard to continue the Contract.
18.5 Upon termination of the Contract, you may no longer use boon. and the boon. App. The unused funds on the boon. Account will be refunded by Wirecard in accordance with item 8.
19. Contract Language, Communication
19.1 Governing language for the contractual relationship and for communications shall be English or German at your choice. In case of any discrepancy between the German and the English version of these Terms & Conditions, the German version of the Terms & Conditions shall prevail.
19.2 Unless otherwise provided for in these Terms & Conditions, please use the following contact details for notices and statements regarding the contractual relationship:
Post: Wirecard Card Solutions Limited, Grainger Chambers,
3-5 3-5 Hood Street, Newcastle upon Tyne, NE1, England
Telephone: +41 (0) 44 522 13 68
20. Changes to the Terms & Conditions
20.1 Any changes to these Terms & Conditions will be notified to you in text form (e.g. by email or via your boon. App) no later than two months before the proposed effective date for such changes. Unless you send Wirecard a refusal to accept the changes before the proposed effective date, your approval is deemed to be given. In the Wirecard's notification Wirecard will expressly draw your attention to this consequence.
20.2 If you are notified about any changes to these Terms & Conditions, you can also terminate this Contract immediately and without notice period and free of charge before the proposed effective date for the changes. In the Wirecard's notification Wirecard will expressly draw your attention to this consequence.
21. Contract Transfer
Wirecard is entitled to transfer the entire rights and obligations under the Contract to another enterprise holding the necessary licences (“Contract Transfer”). You will be informed in text form (e.g. by email or via your boon. App) about the Contract Transfer at the latest two months before the effective date.
The UK´s Financial Services Compensation Scheme applies neither for boon. nor for the boon. Card. There are no further compensation schemes covering losses that can be claimed in connection with boon. and your boon. Account.
23.1 If you have a complaint about boon., your boon. Account or about Wirecard’s services please tell us via email: firstname.lastname@example.org. Wirecard will aim to handle your complaint quickly and in fair manner.
23.2 For settling disputes with Wirecard, you have additionally the possibility of referring to the UK Financial Ombudsman Service, which offers a free service for settling complaints and can be contacted under the following phone number: +44 20 7964 0500. This service is available from 8 a.m. until 8 p.m. Mondays to Fridays, and from 9 a.m. until 1 p.m. on Saturdays. You can also file complaints in writing, to be sent by post to: UK Financial Ombudsman Service, Exchange Tower, London E14 9SR, or by email to: complaint.info@ﬁnancial-ombudsman.org.uk. The UK Financial Ombudsman Service is available in various languages, and if necessary an interpreter will be provided for you to get in touch with the Service.
23.3 If you have any complaints regarding your Digital Wallet you have to direct your complaint to the provider of your Digital Wallet.
24. Applicable Law
24.1 The Contract between you and Wirecard is subject to Swiss substantive law.
24.2 Should any of the provisions of this Contract be or become entirely or in part ineffective, this shall not affect the effectiveness and enforceability of the remaining provisions of the Contract