Anyday Debit Mastercard Terms and Conditions 

This agreement forms the Anyday Debit Mastercard Cardholder Terms (Terms) and the provisions of  the Fee & Limits Schedule (Schedule 1), (collectively the Cardholder Agreement) and constitutes a  binding agreement between you and Transact Payments Malta Limited. Please read this Cardholder  Agreement carefully before activating and using your Card. This Cardholder Agreement becomes  effective and binding on you upon your activation or use of your Card and for the entire period of  validity of your Card. 

If you do not agree with or accept any of these terms and conditions, you should cancel your Card and  stop using the App.

1. Definitions & Interpretation: 

Anyday Installment  Service Agreement 

The most recent agreement which you have entered into with Program Manager  which governs the provision of credit by Program Manager to you, whether or not such provision is regulated by a Regulatory Authority. 

‍App 

The mobile application and/or web application provided by Program Manager that  allows you to carry out certain Card-related functions such as Card activation, viewing  Transactions, blocking and unblocking, making purchases at Participating Merchants and raising queries with Customer Services in relation to use of the Card. 

Applicable Law 

any applicable law (including but not limited to, any local law of the jurisdictions into  which the Card is provided and the Program is operated), statute, statutory  instrument, act, regulation, rule, order, supervisory guidance, policy, instruction or  requirement stipulated by an applicable Regulatory Authority, or interpretation  promulgated or published by any Regulatory Authority, any order issued by a court  having jurisdiction over a party, or any applicable rule or requirement of any Card  Scheme related to the issuance, sale, authorisation or usage of the Card and/or  services to be provided under this Cardholder Agreement or such other rule as  deemed valid by TPML from time to time. 

Available Balance

The value of unspent funds available for your use. 

Business Day
‍Monday to Friday, 9am to 5pm CET, excluding bank and public holidays in Gibraltar  and Malta.

Card‍

Any Virtual Card issued to you in accordance with this Cardholder Agreement. 

Customer  Services 

The contact center for dealing with queries about your Card. You can contactCustomer Services by:
i. Calling +45 81 81 61 81 (your network provider may charge a fee forcalling this number), Monday-Thursday 8-17 CET, Friday 8-15 CET;
ii. e-mailing shopper@anyday.io from the email address registered to theApp; or
iii. writing to Anyday Finance A/S, P.O. Pedersens Vej 2, 8200 Aarhus N,Denmark.

Device 

Your mobile device on which the App is stored.

Expiry Date 

The expiry date of the Card which is displayed in the App. 

Fee
‍Any fee payable by you as referenced in the Fees & Limits Schedule. 

Fees & Limits  Schedule 

The schedule contained in this Cardholder Agreement. 

KYC
‍Means “Know Your Customer” and constitutes our verification of your Personal  Details. 

Participating  Merchant 

A retailer or any other person that accepts payment via the Card and which is listed  as a merchant on the App or Website. 

Scheme
‍Mastercard; Mastercard is a registered trademark of Mastercard International  Incorporated. 

Personal Data/Personal  Details 

The registered personal identity details relating to the use of your Card including (but  not limited to) your: name, date of birth, home address, social security number, email  address and telephone (landline and/or mobile) number. Full details of the Personal  Data which we process are set out in our Privacy Policy. 

Program  Manager 

Anyday Finance A/S (trading as “Anyday”), a company incorporated in Denmark with  registered address P.O. Pedersens Vej 2, 8200 Aarhus N and company registration  number 43335154. 

Regulatory  Authority 

as the context requires, any Scheme and/or any regulator or agency having  jurisdiction over Issuer or Program Manager related to the issuance, marketing, sale,  authorisation or usage of the Cards, Program(s) or services provided under this  Cardholder Agreement, including without limitation the Malta Financial Services  Authority. 

Transaction 

The use of your Card to make a payment, or a purchase of goods or services from a  Participating Merchant where payment is made (in whole or in part) by use of your  Card including where payment is made via the App or Website. 

Username and  Password 

A set of personal codes selected by you in order to access the App; 

Virtual Card  

A set of verification procedures used as a non-physical equivalent to a physical Card  and providing some or all of the functionality of a physical card.  

Website

www.anyday.io 

we, us or our
‍Transact Payments Malta Limited (“TPML”), a company incorporated in Malta with  registered address at Vault 14, Level 2, Valletta Waterfront, Floriana, FRN 1914,  company registration number 91879 and which is authorised by the Malta Financial  Services Authority to provide payment services. 

you or your
‍You, the person who has entered into this Cardholder Agreement with us by virtue of your use of the Card and any other person you have authorised to use any Cards in accordance with this Cardholder Agreement.

‍

2. Your Cardholder Agreement and Card 

2.1. Your Card is issued by us pursuant to a licence from the Scheme and your rights and obligations relating  to the use of the Card are subject to this Cardholder Agreement. 

2.2. This Cardholder Agreement is not a credit agreement and no credit is being provided to you by TPML. TPML is not a party to the Anyday Installment Service Agreement. 

2.3. You can download the latest version of this Agreement at any time from the App and from the Website and/or request a paper copy from Customer Services. 

2.4. You are not permitted to resell the Card. 

3. Obtaining and activating your Card 

3.1. To apply for, and use, a Card you must be at least 18 and resident in Denmark. 3.2. You may apply for a Card via https://my.anyday.io as well as the Anyday mobile application found on  App Store and Google Play. We may require you to provide information/documentary evidence to  prove your identity and address and/or we may carry out electronic identification verification checks  on you.  

3.4 When you receive your Card, it will already be activated.  

3.5 Provided we have been able to successfully complete KYC, you shall receive an activation confirmation  on the App and you will be able to use the Card. 

4. Personal Details 

4.1. When entering into Transactions over the internet, some websites may require you to enter your  Personal Details and, in such instances, you should supply the most recent Personal Details that you  have provided Program Manager with.  

4.2. You must notify Program Manager of any change in your Personal Details as soon as possible by  contacting Customer Services or updating the details in the App. You will be liable for any loss that  directly results from any failure to notify us of a change in your Personal Details as a result of undue  delay, your gross negligence or fraud. We will need to verify your new Personal Details and may request  relevant KYC information/documents from you as applicable. 

4.3. We, or Program Manager, reserve the right at any time to satisfy ourselves as to your Personal Details  (for example, by requesting relevant original documents) including for the purposes of preventing  fraud and/or money laundering. In addition, at the time of your application or at any time in the future,  in connection with your Card, you authorise us and Program Manager to undertake electronic identity  verification checks on you either directly or using relevant third parties. 

5. Using your Card  

5.1. Your use of the Card is subject to the Fees detailed in the Fees & Limits Schedule, which shall be  deducted from the Available Balance. 

5.2. You Card is to be used to spend the funds in your Available Balance at a Participating Merchant which is located within Denmark.

5.3. Unless we inform you otherwise, you can use the Card at any Participating Merchant who accepts the  Scheme to carry out Transactions. 

5.4. If for any reason a Transaction is carried out but its amount exceeds the Available Balance, you must  pay us the deficit immediately, and if you fail to do so after receiving a notification from us, we reserve  the right to take all necessary steps, including legal action, to recover this deficit. 

5.5. Your Card cannot be used where such Participating Merchants are unable to obtain online  authorisation that you have sufficient Available Balance for the Transaction (for example, Transactions  made on trains, ships, some in-flight purchases and tollbooths. We accept no liability if a Participating  Merchant refuses to accept payment using the Card. 

5.6. If you use the Virtual Card to purchase an item over the internet that you are required to later collect in person, please be aware that a Participating Merchant may require you to show evidence of proof of purchase. 

5.7. You must not use the Card: 

∙ for gambling Transactions; 

∙ for dating and escort services 

∙ for alcoholic beverages 

∙ for tobacco-related products 

∙ for adult services 

∙ at any merchant or retailer that is not a Participating Merchant; or 

∙ for any illegal purposes. 

6. Authorising Transactions 

6.1. You will need to give your consent to each Transaction by, where applicable providing the Card details  and/or providing any other details personal to you and/or your Card. Once you have given such consent  to the Transaction, it will be deemed to be authorised. 

6.2. The time of receipt of a Transaction order is when it is received by our processing partner. If a  Transaction order is received after 4pm on a Business Day then it will be deemed to have been received  on the next Business day.  

6.3. Certain Participating Merchants may not accept payments made through the Card and we accept no  liability for this: it is your responsibility to check the restrictions of each Participating Merchant.  

6.4. Your ability to use or access the Card may occasionally be interrupted, for example if Program Manager or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using your Card and these will be resolved as soon as possible. 

7. Managing & Protecting Your Card 

7.1 You must not give your Card to any other person or allow any other person to use it. 

7.2 You are responsible for your Card, App and any related security details (“Security Details”) and must  take all possible measures to keep them safe and entirely confidential. Such measures include (but  are not limited to): 

i. never letting any other person use your Security Details; 

ii. never writing your Security Details on your Card or on anything you usually keep with your  Card; 

iii. keeping your Security Details secret at all times for example, by not using your App passcode  details to access your App if anyone else is watching. 

7.3 Failure to comply with this condition 7 may affect your ability to claim any losses in the event that we  can show that you have intentionally failed to keep the information safe or you have acted  fraudulently, with undue delay or with gross negligence. In all other circumstances, your maximum  liability shall be as set out below at condition 11. 

7.4 If you believe that someone else knows any of your Security Details, you must notify us by contacting  Customer Services immediately.  

7.5 In the event that we suspect or believe that your Card may be subject to any fraud or security threats,  Program Manager will notify you securely via email. 

7.6 Once your Card has expired or if it is found after you have reported it as lost or stolen you must destroy  it by cutting it in two through the magnetic strip. 

8 Cancellation 

8.1 You may terminate your Card at any time by contacting Customer Services. 
8.2 If any further Transactions are found to have been made or charges or Fees incurred using the Card(s)  or we receive a reversal of any prior funding Transaction, we will notify you of the amount and you  must immediately repay to us such amount on demand. 

9 Expiry  

9.1 You will not be able to use your Card following its Expiry Date. This Cardholder Agreement shall  terminate on the Expiry Date unless you are issued with a replacement card.  

10 Termination or Suspension of your Card  

10.1 When this Cardholder Agreement is terminated, your Card cannot be used. We, or Program Manager  for us, may terminate this Cardholder Agreement at any time by giving you two months’ advance  notice (which will be sent to the email address that you have provided to us). 

10.2 We, or Program Manager for us, can suspend your Card, restrict its functionality or terminate this  Cardholder Agreement at any time with immediate effect if: 

10.2.1 you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or 

10.2.2 you do not repay money that you owe to us; or 

10.2.3 you fail to provide the Personal Data necessary for us to comply with our legal obligations  and to fulfil this Cardholder Agreement; or

10.2.4 we reasonably suspect that the security of the Card has been compromised or that you, or any third party, have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes; 

10.2.5 the Anyday Installment Service Agreement has been suspended, restricted or terminated; or 

10.2.6 we believe that your use of the Card may result in harm to us or our systems; or 10.2.7 we believe that your continued use of the Card may damage our reputation; or 10.2.8 you become bankrupt; or 

10.2.9 we are required to do so under Applicable Law or where we believe that continued operation  of the Program may be in breach of Applicable Law; or 

10.2.10 we cannot process some or all of your Transactions due to the actions of third parties; or 10.2.11 you have breached this Cardholder Agreement. 

10.3 In the event that we do suspend or terminate your Card then, where lawfully permitted, we or Program  Manager shall notify you in advance or as soon as possible afterwards. We may advise anyone involved  in the Transaction if a suspension has taken place. 

11 Loss or Theft of your Card. 

11.1 You are responsible for protecting your Card as if it were cash in your wallet – if it is lost or stolen, you  may lose some or all of the money on your Card unless you contact us as specified in this condition. 

11.2 You must contact us without delay by using the ‘Report my Card Lost or Stolen’ function within the  mobile application or the web application, if you know or suspect that a Card or your Device is lost,  stolen, misappropriated or subject to unauthorised use or that any of the Security Details is known to  an unauthorised person or you think that a Transaction has been incorrectly executed. 

11.3 You shall be liable for up to a maximum of €50 (or currency equivalent) of losses due to unauthorised  Transactions made before you informed us about the theft, loss or misappropriation of the Card. If our  investigations reveal that you authorised a disputed Transaction or that you acted fraudulently or that  you negligently or with intent breached the terms of this Cardholder Agreement (for example, by not  keeping your Card safe), you may be liable for any loss we suffer due to use of the Card. 

11.4 Once a loss, theft or unauthorised use of your Card is reported, use of the Card shall be blocked to  avoid further losses.  

11.5 If your Device is lost or stolen, you should also take the steps recommended to you by the provider of  your Device to locate, lock or erase your Device contents remotely. 

11.6 You agree to cooperate with our agents, any Regulatory Authority, the police and us if your Card is lost,  stolen or if we suspect fraudulent use of the Card.  

11.7 In the event that you inform us of any unauthorised or incorrectly executed Transaction without undue  delay, or in any event no later than 13 months after the debit date, we will refund the amount  immediately unless we have any reason to believe that the incident may have been caused by a breach of this Cardholder Agreement, through gross negligence or we have reasonable grounds to suspect  fraud. 

11.8 In the event of a non-executed or defectively executed Transaction, we will make immediate efforts  to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In  the event that we are liable for such Transaction, we will refund the amount, together with the amount  of any resulting charges to which you may be subject, without undue delay. 

11.9 In the event that a Transaction that was executed within the European Economic Area arrived later  than it should have according to the terms of this Cardholder Agreement, you may request that we  contact the receiving payment institution to ask them to treat it as if it was made on time. 

11.10 In the event that a Transaction is made which is initiated by a Payee, we will provide a refund of that  amount, subject to clause 11.11, only in circumstances where you can prove that: 

11.10.1 the exact Transaction amount was not specified when you authorised the payment; and 

11.10.2 the amount of the Transaction exceeds the amount that you could have reasonably expected,  taking into account your previous spending pattern, the terms of this Cardholder Agreement  and the relevant circumstances of the case. 

11.11 The refund referred to in 11.10 will not be provided if:  

11.11.1 the amount relates to currency exchange fluctuations; or 

11.11.2 you have given your consent to execute the Transaction directly to us; or 

11.11.3 information on the Transaction was provided or made available in an agreed manner to you at  least 4 weeks prior to the due date of the Transaction; or 

11.11.4 you request the refund from us later than 8 weeks from the date on which it was debited. 

12 Payment Disputes 

12.1 If you dispute a Transaction that you have authorised, and which has been processed on your Card,  you should settle this with the person you bought the goods or services from; we are not responsible  for the quality, safety, legality or any other aspect of goods or services purchased with your Card.  

12.2 If your dispute with a Participating Merchant relating to a Transaction cannot be resolved you should  contact us at Customer Services, and we will attempt to assist you as far as is reasonably practicable. 

12.3 If you have reason to believe that a Transaction was carried out without your consent or in error, you  may ask Program Manager to investigate the Transaction. If an investigation occurs, the disputed  amount will be unavailable to spend until our investigation is complete and if we receive information  that proves the Transaction was genuine, this will be deducted from your Available Balance and we  may charge you an investigation fee, subject to the Fees & Limits Schedule. If you do not have sufficient  Available Balance, you must repay us the amount immediately on demand. 

13 Foreign Exchange 

13.1 You are only permitted to use the Card to make purchases in Danish Krone and at Participating  Merchants located within Denmark.  

14 Our Liability 

14.1 We shall not be liable for: 

14.1.1 any default resulting directly or indirectly from any cause beyond our control, including but not limited to, failure of data processing systems; 

14.1.2 any loss of profits, loss of business, or any indirect, consequential, special or punitive losses; 14.1.3 any use of this Card that is contrary to this Cardholder Agreement; 

14.1.4 any goods or services that are purchased with the Card; and 

14.1.5 any damages due to loss, fraud or theft that you have reported to us later than 13 months after the event. 

14.2 We will not be liable to you if your contact details have changed and you have not told us. 14.3 Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card; 

14.4 Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall  be limited to payment to you of an equivalent amount. 

14.5 Nothing in this Cardholder Agreement shall exclude or limit our liability for death or personal injury  resulting from our negligence or fraud. 

14.6 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are  expressly excluded. 

14.7 The above exclusions and limitationsset outin this paragraph shall apply to any liability of our affiliates such as the Schemes, and other suppliers, contractors, representatives and any of their respective affiliates(if any),to you, which may arise in connection with this Cardholder Agreement. For all intents and purposes of law, we are appearing hereon also as agents for our affiliates such as the Schemes, and othersuppliers, contractors,representatives and any of theirrespective affiliates(if any), limitedly for the purpose of this clause. 

15 Complaints 

15.1 Should you wish to make a complaint about your Card, you may contact Customer Services by email at  shopper@anyday.io to submit details of any such complaint. 

15.2 Upon our receipt of your emailed complaint, we shall endeavour to respond to you as quickly as  possible but in any event we shall reply to you by email and (where applicable) by phone call within 15  Business Days.  

15.3 If, having received a response from our Customer Services team, you are unhappy with the outcome  you can escalate your complaint to TPML’s Complaints Department by writing to  

complaints@transactpaymentslimited.com 

15.4 If TPML’s Complaints Department is unable to respond to your complaint immediately, you will receive  confirmation that your complaint has been received and a formal investigation will be conducted. You  will receive a formal response of their findings within 35 Business Days of your complaint. 

15.5 We will make every effort to reach a resolution to your complaint and will fully explain the reasoning  behind our decision. 

15.6 In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to  refer your complaint to the Arbiter for Financial Services at the following address: Office of the Arbiter  for Financial Services, 1st Floor, St Calcedonius Square, Floriana FRN 1530, Malta (Telephone+ 356  21249245, Website: https://financialarbiter.org.mt) 

16 General Communication 

16.1 Any communication from us or from Program Manager to you will be given via email (using the latest  contact details with which you have provided us). Additionally, we may also use other communication  methods including but not limited to SMS, push notification and letter sent by post. 

16.2 You may contact Customer Services via the details which are set out in clause 1. 

17 Personal Data 

17.1 TPML will collect certain information about the purchaser and the users of the Card in order to operate  the Card program. Your provision of your Personal Data and our processing of that data is necessary  for each of us to carry out our obligations under this Cardholder Agreement. At times, the processing  may be necessary so that we can take certain steps, at your request, prior to entering into this  Cardholder Agreement. If you fail to provide the Personal Data which we request, we will take steps  to terminate this Cardholder Agreement in accordance with clause 10.2.3 above.  

17.2 We will manage and protect your personal data in accordance with all applicable data protection laws.  For full and comprehensive information about when and why we collect personal information about  you, how we use it and the conditions under which we may disclose it, please refer to our Privacy Policy which is provided to you at the time we collect your Personal Data. 

18 Changes to the Terms and Conditions 

18.1 We may update or amend this Cardholder Agreement at any time on at least 2 months’ advance notice,  which we shall instruct Program Manager to give you by email (using the latest contact details you  have you have provided us with). 

18.2 If you do not agree with the changes to the Cardholder Agreement, you may at any time within the 2- month notice period terminate your Cardholder Agreement. You will be deemed to have accepted any  change to this Cardholder Agreement unless you notify us before the proposed date of the change. 

18.3 If any part of this Cardholder Agreement is inconsistent with any regulatory requirements, then we will  not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we  need to make operational changes before we can fully comply with the new regulatory requirement,  we will make those changes as soon as reasonably practical. 

19. Language 

The English language version of this Cardholder Agreement and of any communications and Website  content will prevail over any other language version which we may issue from time to time. 

20 Governing Law

20.1 This Cardholder Agreement is governed by Maltese law.  

21 Jurisdiction 

21.1 You agree to the non-exclusive jurisdiction of the courts of Malta. 

22 Miscellaneous 

22.1 Any delay or failure to exercise any right or remedy under this Cardholder Agreement by us shall not  be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.  

22.2 The Card is a payment service product and not a deposit or credit or banking product and, as such is  not governed by the Deposit Security Scheme of Malta.  

22.3 If any provision of this Cardholder Agreement is deemed unenforceable or illegal, the remaining  provisions will continue in full force and effect. 

22.4 You may not assign or transfer any of your rights and/or benefits under this Cardholder Agreement  and you shall be the sole party to the contract between us. You will remain liable until all Cards issued  to you are cancelled or have expired and all sums due under this Cardholder Agreement have been  paid by you in full. We may assign our rights and benefits under this Cardholder Agreement to a third  party and may subcontract any of our obligations under this Cardholder Agreement.

Fees and Limits Schedule 

Issuing Fees 

Fees

Virtual Card Fee 

0

Miscellaneous Fees

Chargeback processing 

0

Telephone support per minute 

0

Investigation Fee 

0

‍

Limits