Multi-Currency Cash Passport™ Prepaid MasterCard® Terms and Conditions



1
Understanding these Terms and Conditions:
By purchasing the Multi-currency Cash Passport™ Prepaid MasterCard® Currency Card (the “Card”) you agree to comply with these Terms and Conditions. This is a copy of your agreement for you to keep. A further copy is available on request.
1.1
In these Terms and Conditions:
Activate and Activation refers to the activation of the Card to enable you to use the Card or Additional Card.
Additional Card means an additional “Multi-currency Cash Passport Prepaid MasterCard Currency Card” (or any replacement) which accesses the Card Fund.
Agreement means these Terms and Conditions and the Fees and Limits Table.
ATM means an automated teller machine.
ATM Reload means a reload using an ATM in Japan.
AU$ means the lawful currency of Australia.
Business Day means Monday to Friday 9am to 5pm, except for any public and/or bank holidays in Japan.
CA$ means the lawful currency of Canada.
Card means the “Multi-currency Cash Passport Prepaid MasterCard Currency Card” with ATM access and point of sale functionality. References to the Card include (where consistent with the context) any Additional Card.
Card Fund means the aggregate of all Currency records maintained by the Issuer (or by service providers on the Issuer’s behalf) of the funds loaded onto your Card, in each Currency and available for transactions using the Card in that Currency.
Card Services means any services provided by us (or by service providers on the Issuer’s behalf) in connection with the Card or Additional Card. It includes interactive voice response system (available in Japanese) and other services accessible using the Security Details, available 24 hours a day on the telephone number or numbers provided from time to time.
Currency means, subject always to clause 3.1 below, any one or more of JP¥, US$, EU€, GB£, AU$, NZ$, CA$, SG$, and HK$, and any additional currency that we may make available in connection with the Card from time to time.
Distribution Outlet means any branch or store of the business (including an online store) in Japan which participates in the Multi-currency Cash Passport Card programme from time to time by distributing Cards, accepting loads/reloads or cash out.
E-banking means electronic banking conducted online for the purpose of reloading funds onto the Card Fund.
EU€ means the lawful currency of Eurozone.
Fees and Limits Table means the fees and limits table set out in the User Guide.
GB£ means the lawful currency of Great Britain.
Global Emergency Assistance means those services set out in clause 13 of these Terms and Conditions.
Issuer means Travelex Japan KK, the issuer of the Card.
JP¥ means the lawful currency of Japan.
My Account means the internet-based card administration tool (or any other internet site we notify you of from time to time, including the Website, as provided in the User Guide) which gives you access to information about the Card Fund using the Security Details.
NZ$ means the lawful currency of New Zealand.
Personal Information is the information that we and our service providers collect from you, including any application form, correspondence, emails, telephone calls, internet communications and transactional information, in connection with the Card.
PIN means the personal identification number used in connection with the Card.
Security Details means the information given by you when applying for the Card or during Activation, for the purposes of verifying your identity, or any changes made to this information.
Unauthorised Transaction means a transaction not authorised by you, but does not include any transaction carried out by you or by anyone performing the transaction with your knowledge and consent.
US$ the lawful currency of United States of America.
User Guide means the document entitled ‘User Guide’ which is supplied to you with the Card.
Website means, the internet site indicated by the Distribution Outlet and/or our service provider, as applicable and as may be amended from time to, providing information about the Card. URL of such site will be provided to you by the Distribution Outlet.
we, us, our means the Issuer and, except where the context indicates a different intention, also includes any agent acting on behalf of the Issuer.
you, your means the purchaser of the Card.
HK$ means the lawful currency of Hong Kong.
SG$ means the lawful currency of Singapore.
1.2
All amounts of money specified in these Terms and Conditions are in Japanese Yen (unless otherwise specified).
1.3
References to days, times or periods of time in these Terms and Conditions are reckoned according to Japan Standard Time.
2
Introduction
2.1
These Terms and Conditions govern the use of the Card and any Additional Card.
2.2
You agree to these Terms and Conditions by purchasing a Card.
2.3
By law we are required to verify your identity before providing relevant services and products to you. You must satisfactorily meet our customer identification process and any other customer due diligence requirements. If you are not able to verify your identity (including but not limited to your full name, residential address and date of birth) to our satisfaction, as exercised at our sole discretion, we may refuse to accept your application and/or provide you with a Card.
3
Issuing of Cards
3.1
The Currencies available in respect of the Card may vary from time to time. Before you make a decision to acquire the Card, please check with Distribution Outlet or the Website for details of the available Currencies. If we introduce a new Currency and you choose to allocate funds to that new Currency, you will be deemed to have acknowledged and agreed that, unless otherwise notified to you, these Terms and Conditions apply to such new Currency.
3.2
Subject to clause 5.7, you are responsible for determining the amount held for each Currency and for ensuring you have sufficient funds for all transactions in the relevant Currency. Subject to certain limits and subject to a fee (refer to the Fees and Limits Table), you may allocate your funds across different Currencies via the Website, and/or by such additional methods as we may make available to you from time to time. If you experience any difficulties in allocating amounts via the Website then you may be able to allocate amounts via a Distribution Outlet or by telephone through Card Services.
3.3
You should memorise the PIN to prevent unauthorised use of the Card. You must also follow the rules on Card security (See clause 14 below).
3.4
The Card (and any Additional Card) is the Issuer’s property. We may suspend use of the Card (and any Additional Card) and/or ask that you return the Card (and any Additional Card) if the Issuer believes there is a good reason to do so (see clause 18.2 below). You must ensure that the Card (and any Additional Card) is promptly returned to us if we ask you to do so.
3.5
The Card is not a credit card and, subject to the Card Fund becoming overdrawn, all use is limited to the amount pre-loaded and standing to the credit of the Card Fund and any other limits referred to in these Terms and Conditions.
3.6
There is no interest payable to you on the credit balance of the Card Fund.
3.7
Amounts can be added to the Card Fund only as specifically provided in these Terms and Conditions.
3.8
The issuance of a Card is subject to you satisfying the relevant application criteria, as determined by us from time to time in order to meet customer identification and customer due diligence requirements, including by providing us with sufficient information and proof in relation to your identity.
3.9
In certain circumstances we may also ask you to provide us with additional details, including but not limited to your source of funds. We may ask you to provide additional information in relation to your identity and/or source of funds at any time during the life of this Agreement.
3.10
We reserve the right to refuse an application at our sole discretion on any lawful grounds, including but not limited to where we are unable to satisfy ourselves as to your identity or where your profile is inconsistent with our customer profile for the Card.
3.11
You must provide all information to us which we reasonably require in order to manage anti-money laundering or counter-financing of terrorism and economic and trade sanctions risks or to comply with any laws or regulations in Japan or any other country.
4
Activation and Expiry
4.1
The Card and any Additional Card is activated and ready to use within twenty-four (24) hours of purchase unless such other period is notified by the Distribution Outlet at the time of purchase.
4.2
The expiry date is printed on the front of the Card.
4.3
The Card cannot be used after it has expired. However, you will still be able to obtain a refund of the Card Fund balance, less any applicable fees (refer to Fees and Limits Table and see clause 11 below).
5
Use of the Card
5.1
The Card (and any Additional Card) may, subject to any applicable fee, be used to withdraw cash from an ATM displaying the MasterCard acceptance mark and/or to pay for goods and services at merchants, including online, who accept MasterCard cards electronically. Please note that the Card is for electronic use only and cannot be used for manual or offline transactions. In addition, the Card must not be used for any unlawful activity. You agree to never give your Card, Additional Card, Security Details or PIN to another person.
5.2
When a Card is used to purchase fuel at an automated fuel pump the Card Fund must have a minimum credit of JPY 7,000 (or foreign currency equivalent). In addition, to make a telephone call there must be a minimum credit of JPY 1,500 (or foreign currency equivalent). When these minimum credit amounts apply, any unused balance may be temporarily unavailable.
5.3
When a Card is used at bars or restaurants an additional percentage (usually, but not necessarily, 15%) may be automatically added as an anticipated service charge or tip and debited to the Card Fund. If your actual service charge or tip is less, any unused balance may be temporarily unavailable.
5.4
Certain businesses may not accept the Card as a means of preauthorising expenditure. If the Card is used for this purpose, some businesses (such as hotels, cruise lines, amusement parks and car rental companies) may pre-authorise the estimated amount of the final bill and this amount will temporarily be unavailable. Only the actual amount of the final bill will be deducted from the Card Fund.
5.5
When a Card is used to purchase goods for delivery by mail or online an additional 10% may be automatically added as an anticipated delivery charge. If the actual delivery charge is less, any unused difference may be temporarily unavailable.
5.6
Subject to the application of clauses 5.7 and 10.3, the applicable Currency balance (and therefore the total Card Fund) will be debited with the amount of each cash withdrawal or transaction and any fee, and these debits, will reduce the balance of the applicable Currency (and therefore the total Card Fund). Each transaction will require authorisation or validation before completion.
5.7
If there are insufficient funds in a particular Currency to pay for a transaction, the balance of the transaction will be automatically processed using other Currencies in the following order of priority: JP¥, US$, EU€, GB£, AU$, NZ$ and CA$. If following the use of the available balances of all Currencies there are still insufficient funds to pay for a transaction, the Card may be declined or the retailer may allow you to pay the balance by some other means. If we add any new currencies to the Currencies available to you in connection with the Card, then we will notify you of the new order of priority for the purposes of this clause 5.7 either directly or through ‘My Account’ or the Website
5.8
You agree to accept a credit to your Card in the applicable Currency (or where the transaction was not in an available Currency, in JP¥) if you are entitled to a refund or other credit for any reason for goods or services purchased using the Card.
5.9
A transaction or payment cannot be stopped once you authorise the use of the Card (or Additional Card).
5.10
The ATMs and point of sale terminals are not owned or operated by us and we are not responsible for ensuring that they will accept the Card.
5.11
You must comply with all laws and regulations (including any foreign exchange controls) in respect of the Card in the country of use. We may suspend your Card or end this agreement if you attempt to use the Card in violation of, or your use of the Card is restricted under, such laws and regulations. We may block the use of the Card in certain countries where required by law or where subject to any applicable sanctions.
5.12
Where required by relevant law you acknowledge that we may be required to block access to the Card and/or Card Fund and immediately refuse to process or complete any transaction or suspend or terminate our arrangements with you. You agree that under these circumstances we are under no liability to you.
5.13
You agree that we may delay, block or refuse to process any transaction without incurring any liability if we suspect that the transaction:
(a)
may breach any laws or regulations in Japan or in any other country;
(b)
involves any person (natural, corporate or governmental) that is itself sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by the Japan Ministry of Foreign Affairs and United Nations, or any country;
(c)
may directly or indirectly involve the proceeds of, or be applied for the purposes of, any unlawful conduct; or
(d)
may suspend your Card or end this agreement when in our judgement, you appear to be, or to have any relationship with, an antisocial force as per clause 24.1.
6
Card Limits
6.1
Most ATM operators limit the minimum and maximum amounts that can be obtained in a single transaction. These amounts may also be limited (in some countries) by regulatory controls.
6.2
Other limits are also applicable to the use of the Card (and any Additional Card), as set out in the Fees and Limits Table.
7
Additional Cards
7.1
One Additional Card will be provided to you free of charge at the time you purchase the Card.
7.2
The Additional Card is used in the same way as the Card originally provided to you.
7.3
You can de-activate a Additional Card at any time by contacting Card Services via the numbers on the back of your Card or set out in the User Guide or on the Website.
7.4
You will be responsible for any transactions made with any Additional Card and for ensuring that a Additional Card is used in accordance with these Terms and Conditions.
7.5
The Additional Card is provided to you for your use as a back up in the event the Card is lost or unable to be used. The Additional Card is for your use only and it and its security PIN should not be provided to anyone else.
8
Card Fund
8.1
(a)
Except as otherwise set out in these Terms and Conditions, any liability we have to you is equal to the balance on the Card at any given time and is in the currency of the funds loaded onto the Card. Card loads or reloads will only be credited to the Card Fund, once we have received cleared funds from you. Your Card Fund will be debited and will decrease as a result of transactions and any applicable fees, as set out in these Terms and Conditions, as soon as we authorise the relevant transaction. Where a fee applies, that fee will be deducted from the balance on your Card at the relevant time and your Card balance will decrease accordingly. Please see clause 11 for an explanation of how to redeem any unspent balance on your Card.
(b)
Until the expiry of the Card you can add additional funds to each Currency through a Distribution Outlet (who will advise you of the acceptable methods of payment) or through other methods made available from time-to-time which are set out on the Website, subject to certain limits and subject to a fee (refer to the Fees and Limits Table).
(c)
There may be a delay (usually no more than 3 Business Days) before funds are added to the Card Fund via E-banking. When reloading funds to a nominated Currency via E-banking or ATM Reloads, please ensure that you enter the correct account number that corresponds to your desired Currency. These account numbers are provided in the User Guide and on the Website. It is your responsibility to check that the relevant account number corresponds with your desired Currency of reload.
(d)
Via ‘My Account’ you are able to:
(i)
change some of your personal details;
(ii)
allocate your funds across different Currencies;
(iii)
check your Card Fund balance(s); and
(iv)
check your Card transactions
8.2
As best as you can, memorise your PIN. This is very important as you cannot change the PIN issued with your Cards. For security purposes, you should not keep your PIN written anywhere near your Cards. If you forget your PIN, you can obtain a PIN reminder by calling Card Services and answering the security questions you supplied on your application.
8.3
You may also be able to make a balance enquiry at some ATMs although availability is dependent on the country and the ATM used. There may be a fee payable (to the ATM operator) for balance enquiries.
8.4
If an ATM displays a balance for the Card Fund, then this may be displayed in JP¥ or in a different currency, in which case the exchange rate applied may be different to ours and minor discrepancies can arise. An ATM will not display a balance for each Currency. An accurate balance for each Currency can be obtained through Card Services or through ‘My Account’ on the Website.
8.5
Information sent over the internet may not be completely secure and the internet and the online systems are not controlled or owned by us so we cannot guarantee that they will function at all times and we accept no liability for unavailability or interruption or for the interception or loss of Personal Information or other data.
8.6

The Card Fund can only be used if it is in credit. If a particular Currency becomes exceeded, and a negative balance arises, following any transaction authorised by you, the resulting negative balance of the Currency can immediately be recovered by us by deducting funds held in another Currency. When we convert the negative balance into the relevant Currency we will use the same rate that we use for Currency to Currency allocations on the given day we process the transaction.

If notwithstanding any such deduction a negative balance remains, the resulting debit balance immediately becomes a debt payable by you to us. If the Card Fund does become exceeded, every attempt should be made, by you to stop subsequent transactions.

8.7
If we notice an error in the Card Fund that is our fault we will correct it within 10 Business Days of becoming aware of the error.
8.8
If you notice any error in any transaction in the Card Fund then you must notify Card Services immediately and in any event within 30 Business Days of the transaction in question. We may request you to provide additional written information concerning any error and you must comply with that request.
8.9
Provided that you have complied with all reasonable requests for information we will correct the error if it is our or any of our service providers’ fault. If we decide it is not our fault we will notify you in writing or by email as soon as this decision is made. Where we are required to do so, we normally re-credit the Card Fund within 10 Business Days, although there may be a delay while investigations are completed.
9
Fees
9.1
You agree to pay and authorise us to debit the Card Fund for the fees set out in the Fees and Limits Table. These fees may be debited from the Card Fund as soon as they are incurred.
9.2
Certain merchants may charge an additional fee if the Card is used to purchase goods and/or services. The fee is determined and charged by the merchant and is not retained by us.
9.3
If there is no credit balance on the Card Fund following the debit of any monthly inactivity fee (refer to the Fees and Limits Table), and the Card has expired, we will automatically close the Card Fund. In these circumstances, if the credit balance on the Card Fund before the debit of the monthly inactivity fee is less than the fee we will waive the difference.
9.4
The Card is intended to be exclusively used overseas as a travel money card. You cannot use the Card for any domestic transactions, including any withdrawals from ATMs in Japan or use for any point of sales transactions with local retailers in Japan (including online retailers).
10
Foreign Currency Transactions
10.1
There are following instances where a foreign exchange rate will apply:
i)
Initial load or reload where you allocate funds in a foreign Currency (i.e. in a currency other than JP¥);
ii)
Point of sale transactions where the transaction is in a currency that is not one of the Currencies available on the Card (including any transaction where we deduct funds under clause 5.7 above due to insufficient funds);
iii)
ATM withdrawals where the local currency is not one of the Currencies available on the Card, or where there is an insufficient available balance in the relevant Currency;
iv)
Where you allocate funds from one Currency to a different Currency;
v)
Where we allocate funds from one Currency to a different Currency in accordance with these Terms and Conditions; and
vi)

Where you close a Card, or request repayment of the balance of a Card under clause 11.2 below, that has funds in a foreign Currency (i.e. in a currency other than JP¥).

The method for calculating the foreign exchange rate for each scenario is as set out below.

10.2
The foreign exchange rate used for initial loads and reloads varies by Distribution Outlet. You can ask the Distribution Outlet for the exchange rate beforehand. Foreign exchange rates are subject to variation and the rate that applies at any specific time will not necessarily be the same as any other time.
10.3
If an ATM withdrawal or point of sale transaction is made in a currency which is different to any of the available Currencies, or exceeds the relevant available Currency balance, on your Card, the amount will be funded by converting the transaction amount into the next available Currency balance on your Card in the following order of priority: JP¥, US$, EU€, GB£, AU$, NZ$, CA$, SG$, HK$. The foreign exchange rate used is the rate determined by MasterCard to be the wholesale rate or the government mandated rate in effect on the day the transaction is processed by MasterCard, plus a currency conversion fee applies (see Fees and Limits Table).
10.4
The foreign exchange rate used for allocating funds from one Currency to another Currency is set and determined by us and varies each day. A currency to currency margin applies (see Fees and Limits Table).
10.5
Where you close a Card, or request repayment of the balance of a Card under clause 11.2 below, that has funds in a foreign Currency (i.e. in a currency other than JP¥), we will convert these funds into JP¥ Currency. The foreign exchange rate used for this varies by Distribution Outlets and varies each day. If you wish to confirm the foreign exchange rates before you close your Card, please contact the relevant Distribution Outlet.
11
Redeeming Unspent Funds
11.1
You may be able to redeem and cash out any unspent funds on your Card through Distribution Outlets. You can ask the Distribution Outlet for confirmation as to whether you are able to obtain this service from them. Payment will be in Japanese Yen and the exchange rate may vary by the Distribution Outlet.
11.2
If you request us to cash out your Card and redeem any balance on your Card, we will repay the balance no later than 14 Business Days after we receive your request, less any applicable fees including but not limited to the cash-out fee set out in the Fees and Limits Table attached to these Terms and Conditions. In addition, the credit balance available to you will not include uncancelled pre-authorised or ‘held’ amounts (see clause 5 above), although these sums will be made available to you once the pre-authorisation has been cancelled or the ‘held’ amounts released and the relevant amounts re-credited to the Card Fund. If you experience any difficulty closing your Card through the Distribution Outlet, or if the Card has expired, then contact Card Services.
12
Closing the Card Fund
12.1
The Card Fund continues until you ask to close it and redeem your unspent funds in accordance with clause 11, even if the Card has expired or this Agreement has ended in accordance with clause 18.
12.2
Once the Card Fund is closed, you must destroy the Card and any Additional Cards by cutting it (or them) in half diagonally, ensuring the Chip is destroyed, and disposing of it (or them) securely.
13
Global Emergency Assistance
13.1
You are entitled to Global Emergency Assistance from Activation until expiry or closure of the Card. Global Emergency Assistance services are provided by MasterCard Prepaid Management Services Limited and its related entities, acting as a service provider on the Issuer’s behalf.
13.2
The Global Emergency Assistance services are available to you, your partner and your children.
13.3
We arrange for the Global Emergency Assistance services to be provided to you, however we are not the provider of these services. We do not warrant that the Global Emergency Assistance services will:
(a)
always be available;
(b)
be suitable for any purpose; or
(c)
be provided to any particular standard.
13.4
You acknowledge that any changes to, or discontinuance of, the Global Emergency Assistance services can occur without prior notification to you.
13.5
You also acknowledge and agree that:
(a)
the Global Emergency Assistance services are used at your own risk;
(b)
we are not liable for any liability or loss arising in connection with the use by you of the Global Emergency Assistance services or because of the Global Emergency Assistance services being unavailable or discontinued;
(c)
you cannot make any complaint to us about the Global Emergency Assistance services; and
(d)
you do not rely on the Global Emergency Assistance services being available, being suitable for any purpose or being provided to any particular standard in deciding to purchase the Card.
14
Card Security
14.1
You must make sure that you keep the Card, any Additional Card, the Security Details and any PINs safe and secure by:
(a)
never allowing anyone else to use the Card or anyone else to use the Additional Card;
(b)
not interfering with any magnetic stripe or integrated circuit on the Card;
(c)
not unnecessarily disclosing the Card or Additional Card number;
(d)
not writing the PIN on the Card;
(e)
not carrying the PIN with the Card;
(f)
not recording any PIN where it may be accessed by other people;
(g)
not giving the PIN to anyone else (including the police and/or Card Services or the Distribution Outlet’s employees);
(h)
not giving the Additional Card PIN to any person;
(i)
complying with any instructions we give about keeping the Card, any Additional Card and any Security Details safe and secure.
14.2
The PIN may be disabled if an incorrect PIN is entered three (3) consecutive times. If the PIN is disabled, please contact Card Services for assistance. There may be a twenty-four (24) hour delay in reactivating your PIN, and in some instances we may not be able to reactivate the PIN while you are traveling. If the PIN is disabled, or if a merchant does not accept chip and PIN, you will be required to sign for any transactions at merchants, provided that this is supported by and acceptable to the merchant.
15
Loss, Theft and Misuse of Cards
15.1
If you know or have reason to suspect that the Card is lost or stolen or damaged, likely to be misused or you have reason to suspect that someone else may know the PIN or Security Details, you must immediately notify Card Services using the details set out in these Terms and Conditions or on the Website. We will then suspend the relevant Card and/or Additional Card to restrict further use.
15.2
You may be required to confirm details of the loss, theft or misuse in writing (and to provide particular information in the confirmation) and you must comply with that requirement.
15.3
You must assist us and the police in any enquiries and attempts to recover a lost or stolen Card or Additional Card.
15.4
If any lost Card or Additional Card is subsequently found it must not be used unless Card Services confirm it may be used.
16
Liability for Unauthorised Transactions
16.1
You will be liable for all Card transactions which you have authorised. You will also be liable for transactions which you have not authorised (a) if you have acted fraudulently; (b) if you have failed to use the Card in accordance with these Terms and Conditions; (c) if you have failed to notify us in accordance with clause 15.1 on becoming aware of the Card loss, theft, or misuse; (d) if you have failed to take all reasonable steps to keep the Card’s security features safe in accordance with clause 14.1; or (e) if you have failed to notify us in accordance with clause 16.2 on becoming aware of a transaction on your Card that you do not recognise.
16.2
You must notify us of any dispute without undue delay and in any event within one hundred and twenty (120) days of the relevant transaction.
16.3
Subject to clause 16.1, you will not be liable for any unauthorised Card transactions. Where you are not liable for an unauthorised transaction, we will refund the value of that transaction, including any charged fees and will have no further liability to you for any other losses you may suffer.
16.4
To dispute a transaction(s) on your Card complete the ‘Dispute Claim Form’, which can be found on the Website, and send it to the Card Services via email cardservices_prepaid@mastercard.com or by fax 0044 1733 502370.
17
Replacement Cards
17.1
You can request a replacement for lost/stolen or damaged card by attending in person at the Distribution Outlet or contacting Card Services. Prior to the issue of a replacement you may be asked to produce proof of identification. Replacement Cards are sent to you at your nominated address by standard post. If you are overseas replacement Cards can be delivered to you, depending on location and availability. Please note both your primary Card and your Additional Card will be replaced at the same time.
17.2
If you are abroad you may contact Card Services who may arrange for funds to be made available from various world-wide outlets or send funds direct to you in place of a replacement Card.
18
Ending of the Agreement
18.1
You may end this Agreement at any time by writing to, or emailing, Card Services. You may close the Card Fund in accordance with clause 12 above.
18.2
The Issuer may, with or without notice and without incurring any liability to you, ask for the return of the Card, cancel or suspend its use and/or end this Agreement if it has good reason to do so, including but not limited to where:
(a)
the Issuer considers the Card has been or is likely to be misused;
(b)
you breach any of these Terms and Conditions;
(c)
the Issuer suspects any illegal use of the Card; or
(d)
you gave us false, inaccurate or incomplete information when you applied for the Card.
18.3
The Issuer may end this Agreement for any other reason, or without assigning a reason, by giving you at least 30 days notice.:
18.4
Even if the Agreement comes to an end in accordance with this clause 18, the Card Fund will continue until you close it in accordance with clause 12.
19
Changing the Terms and Conditions
19.1
We may change these Terms and Conditions (including bringing in new fees, changes in the fees or limits and the services we offer) at our discretion by giving you at least 20 days notice (see clause 22 below for details of how we will communicate with you).
19.2
We will not be in breach of these Terms and Conditions if we take steps in order to enable us to comply with any laws or other legal obligations.
19.3
We will not be in breach of these Terms and Conditions if we take necessary action in order to make a change necessitated by an immediate need to restore or maintain the security or integrity of our systems, the card scheme’s systems, the relevant transaction processing systems or the Card Fund.
20
Your Personal Information
20.1
By purchasing the Card you consent to us, our service provider and the Distribution Outlet collecting, using and disclosing your Personal Information under these Terms and Conditions. If you do not agree to our doing so then we cannot make the Card facility available to you and you should not purchase the Card.
20.2
You must notify us immediately of any change to your address and other contact details by contacting Card Services. You should also contact Card Services if you change your name. We will not be responsible if you do not receive any notice or correspondence that has been sent in accordance with the contact details you have provided to us.
20.3
You may be required to provide information to us, our service providers or the Distribution Outlet (including evidence of identity) when purchasing the Card or adding additional funds to the Card.
20.4
We will take all reasonable precautions to keep Personal Information secure and protect it under the Issuer’s privacy policy. A privacy statement is set out in the Website of the Issuer.
20.5
Your Personal Information may be disclosed by us to third parties to facilitate the provision of the Card Services, to monitor compliance with these Terms and Conditions and for data analysis, anti-money laundering, detection of crime, legal compliance and fraud prevention purposes. We may also disclose Personal Information to collection agencies and lawyers in the event that we seek to recover any money that you owe under these Terms and Conditions.
20.6
You agree to consent us and/or its affiliates using your personal information of our related products and services, promotions and customer surveys that we may conduct from time to time. If you no longer wish to receive this information then you can elect to not receive further notification by clicking on the ‘Unsubscribe’ button in the relevant email.
20.7
Your Personal Information will be processed outside Japan but limited for the purpose for achieving card processing, however all service providers are required to have adequate safeguards in place to protect your Personal Information.
20.8
Your Personal Information will not be shared or used for any other purpose except as stated above unless we are required or permitted to do so as a result of any laws and regulations, by a court order or by any business or persons to whom we transfer our rights and obligations under the agreement between you and the Issuer which is governed by these Terms and Conditions.
20.9
We will continue to keep such of your Personal Information that is necessary after the expiry of the Card or closure of your Card Fund on the same terms as are set out above.
20.10
You are entitled to ask us via Card Services to supply you with any Personal Information that we hold about you. You must submit your request in writing. We will delete any incorrect information or correct any errors in any of your Personal Information that come to our notice.
20.11
To aid us in the provision of the services provided under these Terms and Conditions, in the interests of security, and to help us maintain and to improve their level of service, all telephone calls may be recorded and/or monitored.
21
Our Liability
21.1
We will not be liable to you for any loss due to:
(a)
any instructions given by you not being sufficiently clear;
(b)
any failure by you to provide correct information;
(c)
any failure due to events outside our reasonable control;
(d)
any system failure or industrial dispute;
(e)
any ATM or point of sale terminal refusing to or being unable to accept the Card;
(f)
the way in which any refusal to accept the Card is communicated to you;
(g)
any indirect, special or consequential losses;
(h)
any infringement by you of any currency laws in the country where the Card or Additional Card is issued or used;
(i)
any dispute between you and the supplier of any goods and/or services purchased with the Card;
(j)
our taking any action required by any government, law or regulation or court order; or
(k)
anything specifically excluded or limited elsewhere in these Terms and Conditions.
21.2
Unless otherwise required by law or as set out in these Terms and Conditions, we will not be liable to you in respect of any losses you or any third party may suffer in connection with the Card, except where such losses are due to a breach by us of these Terms and Conditions or due to our gross negligence.
21.3
ATMs and point of sale terminals are not owned or operated by us and we are not responsible for ensuring that they will accept the Card. We will not be liable to you for disputes concerning the quality of goods or services purchased on your Card or any additional fees charged by the operator of these terminals.
21.4
The Distribution Outlet is only authorised by us to provide the services explained in these Terms and Conditions. We are not responsible for and accept no liability for any other goods or services that may be offered or provided to you by the Distribution Outlet.
22
Communications
22.1
You agree that we may give written notices or other communications to you under or in connection with these Terms and Conditions either:
(a)
by writing to you at your residential or postal address last known to us;
(b)
by giving it to you personally or leaving it at your residential or postal address last known to us;
(c)
by electronic communication to your email address or fax number last known to us or which you last gave us for sending notices and communications to you; or
(d)
if the notice or communication is not personal to you – by publishing a notice in a newspaper circulating nationally in Japan or by posting on the Website.
22.2
If we give a notice or other communication to you by email, the content of the notice or communication may be:
(a)
set out in the body of the email;
(b)
included as an electronic document attached to the email; or
(c)
made available at ‘My Account’ for retrieval by you (with the email advising you of this and of the general nature of the information, and giving you the ability to readily retrieve the information electronically. For example, by means of a link to ‘My Account’).
22.3
If we give a notice or other communication to you:
(a)
by writing to you – you are taken to have received it when it would be delivered in the ordinary course of the post;
(b)
by giving it to you personally or leaving it for you – you are taken to have received it on the day of delivery; or
(c)
electronically – you are taken to have received it on the day it is transmitted.
22.4
In addition to the ways set out in these Terms and Conditions, we may give you a notice or other communication by using any method allowed or required by a law. If a law requires us to use a particular method, we will do so.
23
Third Parties
23.1
We may transfer its rights and obligations under its agreement with you to any other person or business. If this happens, the person or business to which this agreement is transferred assumes all of our rights and obligations under the agreement. From then on, references in these Terms and Conditions to us are to be read as references to the person or business to which the Agreement was transferred.
23.2
Except in the circumstances set out in clause 23.1 and save for Access Prepaid Japan KK acting as our agents, in the event there is a dispute between you and us, nothing in these Terms and Conditions will confer on any third party any benefit or the right to enforce any terms of the Agreement between you and us.
24
Your acknowledgement
24.1
You represent and warrant to us that you will:
(a)
at all times remain in good standing with law enforcement agencies in Japan, and must not at any time become associated with the following during the term of the Agreement: (i) any crime syndicate (yakuza), (ii) any member of a criminal organisation, (iii) any member who has belonged to a criminal organisation in the last five (5) years, (iv) any semi-member of a criminal organisation (v) any corporate associates of any criminal organisations, (vi) any individual who is likely to partake in any illegal activities for the purpose of gaining profits from corporate entities, (vii) any individual who is likely to partake in any activities for the purpose of gaining illegal profits and/or pose a threat to public safety, (viii) any group or individual who has a financial relationship of any kind with any criminal organisations, or (ix)) any person who is similar to those specified in the preceding;
(b)
not perform, or have a third party perform, the following: (i) any acts that are of a violent nature, (ii) any illegitimate actions and/or requirements of any kind, (iii) any acts by using threatening words and violent for the transaction (iv) any acts that may cause reputational damage to other by means of false statements and/or by fraudulent means and any act to interrupt the business of the corporate, or (v) any acts that are similar to those specified in the preceding; and
(c)
not use the Card in relation to any restrictions against countries which are sanctioned under any relevant law from time to time, including but not limited to the Democratic People’s Republic of Korea (“DPRK”) and Islamic Republic of Iran (“Iran”) as stipulated under the Foreign Exchange and Foreign Trade Act, including but not limited to: (i) trade (including merchandise trade) of any service or product from DPRK and/or Iran, or any transfer of funds for any such trade, (ii) acquiring, or contributing to, any nuclear and/or ballistic missiles or any other devices of mass destruction from DPRK and/or Iran, or any such transfer of funds for any such acquisitions contributions, or (iii) contributing to any nuclear activities or programs in DPRK and/or Iran, including the development of any nuclear activities or programs and any nuclear delivery vehicles.
25
Governing Law
25.1
These Terms and Conditions, and the Agreement between you and the Issuer, are governed by the laws of Japan and any legal questions concerning the Terms and Conditions or the Agreement will be decided under those laws.
25.2
You submit to the non-exclusive jurisdiction of the courts of Japan to hear and determine any disputes or legal questions concerning these Terms and Conditions or the Agreement between you and the Issuer.
26
Additional Information
26.1
Multi-currency Cash Passport is issued by Travelex Japan KK, pursuant to license by MasterCard Asia/Pacific Pte. Ltd. MasterCard® and Cirrus® are registered trademarks of MasterCard International Incorporated. Travelex Japan KK is registered as a Funds Transfer Business Operator (by Director General of Kanto Local Financial Bureau No. 00001) under the Payment Services Act (Act No. 59 of 2009). Address: 6F ORIX Akasaka 2-chome Bldg., 2-9-11 Akasaka Minato-ku, Tokyo, Japan 107-0052.

Please note the following for the application and use of Multi-currency Cash Passport.

1
Statement to show our measures to prevent misrecognition
1.1
The Card does not constitute exchange transactions conducted by banks.
1.2
We do not accept any deposit or fixed-term reserve.
1.3
The Card is not covered by insurance set out in Article 53 of the Deposit Insurance Act (Act No. 34 of 1971).
1.4
We have entered into the Performance Guarantee Money Preservation Agreement (rikou-hoshoukin-hozen-keiyaku) with Deutsche Bank AG, Tokyo Branch, pursuant to the provisions of Article 44 of the Payment Services Act (Act No. 59 of 2009; the “Act”).
1.5
Cardholders are protected under the performance guarantee money framework under the Act.
1.6
Cardholders are entitled to receive a refund under the procedures for the realisation of rights relating to the performance guarantee money pursuant to Article 59 of the Act.
2
Other important matters relating to Multi Currency Cash Passport
2.1
The effective term of the Card (term of Agreement) for the Multi-currency Cash Passport Prepaid MasterCard is for a maximum of five (5) years from the preparation date of the Card; provided, however, that the Agreement between you and us may be terminated before expiration of the effective term, in accordance with the Agreement.
2.2
If you want to cancel the Card before expiration of the effective term, please download the “Cash Passport Settlement Request Form” from the Website, fill in the form, and send it to us by fax together with any necessary documents. If you are not able to download the “Cash Passport Settlement Request Form,” please contact Card Services by telephone or email. You may also cancel and settle the Card by submitting the “Cash Passport Settlement Request Form” kept in each Distribution Outlet in Japan, filling in all necessary matters, together with the original Card (or Replacement Card) and the Additional Card, as well as providing identification. Please be advised that you have to pay a JP¥500 (excluding consumption tax) cash out fee. In addition, when you redeem your unspent funds on the Card, you may be able to receive a refund by transfer into your bank account in Japan in principle. Where we incur a remittance fee for sending these funds to your bank account, we will pass this fee on to you. We will deduct these fees from the balance of the funds that we transfer to your bank account. For further information about cancellation, please see the Agreement.
2.3
Please read the document we deliver to you with the Card for instructions on how to set your Security Details, including password, email addresses etc.
2.4
If you want to change the purpose of the use of the Card which you set at the time of purchase, please contact Card Services in advance.
2.5
If you have any complaints or disputes, please contact Card Services (their telephone numbers are listed in the User Guide and on the Website), or email cardservicesjp@mastercard.com.
2.6
Alternatively, if you are not satisfied with the resolution or solution we offered to you, you are able to contact the following external dispute resolution bodies which we are in contract to resolve disputes in accordance with the Act:
For complaints:
Japan Payment Service Association www.s-kessai.jp Tel: 03-6272-9255
For Disputes:
Tokyo Bar Association for Dispute Resolution Tel 03-3581-0031
Dai-ichi Tokyo Bar Association for Arbitration Tel:03-3595-8588
Dai-ni Tokyo Bar Association for Arbitration Tel:03-3581-2249
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