These are the terms and conditions for your credit card account. They will help explain how your account works and other important things you need to know. A glossary of the terms used throughout the Agreement can be found at the end of this document.
These terms and conditions (“the Terms”) are made up of two parts - the Credit Card Agreement (“the Agreement”), and the Card terms (“the Cardholder Agreement”). It’s important that you read both so that you know what you’re agreeing to. We hope you’ll find them clear and easy to understand.
Affintech Limited provides credit through the Pillar Visa credit card which is issued by Transact Payments Limited (“TPL”).
Affintech Limited is solely responsible for the issuing of credit under this agreement. Part 1 of these Terms is between you and Affintech Limited.
TPL is solely responsible for the issuing of the Pillar Card pursuant to its licence by Visa International and is a party to Part 2 of the Terms for the sole purpose of fulfilling its responsibilities under the Financial Services (Payment Services) Regulations 2020 of Gibraltar and other legislation applicable to the provision of payment cards. Part 2 of these Terms is between you and TPL. TPL does not issue credit under this Agreement and is not authorised by a competent authority of any jurisdiction as a lender. Any change to this Agreement required as a result of TPL’s aforementioned obligations will be subject to a 60-day notice period rather than the 30-day notice period stated in section 21 of this Agreement. Where there is a discrepancy between Part 1 and Part 2 of the Terms in relation to the provisions of the Card, Part 2 will prevail.
You may at any time during the term of this agreement request a copy of this agreement.
Parties to the agreement:
You must let us know straight away if any of your contact details change. This could be your name, address, telephone number or email address.
Part 1: Credit Card Agreement regulated by the Consumer Credit Act 1974
1. Duration of the Agreement
This Agreement will begin when we’ve opened the Account linked to your Card and has no fixed term. This means it will continue until you or we decide to close your account.
2. Credit Limit
Your Credit Limit will be set by us as part of our creditworthiness and affordability assessment. We’ll let you know what your Credit Limit is during the application process. We may increase or reduce your Credit Limit from time to time. If we do, we will tell you your new Credit Limit within the Pillar Mobile App and through a push notification.
For any increases to your Credit Limit, you must approve the increase. For any decreases, we will usually provide you with advance notice of 30 days (unless we think there is a risk of you being unable to pay us back). Further information about your Credit Limit is set out in Section 15 below.
3. Payment Commitment
In order to be able to spend on your Pillar Credit Card, you will be required to provide a Payment Commitment equal to your Credit Limit. Details on how to make your Payment Commitment will be provided within the Pillar Mobile App.
The Payment Commitment will be held by Pillar as a cash deposit in a separate account held on behalf of Pillar by [Silicon Valley Bank], and will not be used unless you fail to meet the terms of this Agreement. The Payment Commitment is required to provide us with a pledge that you will carry out your obligations under this Agreement.
If you do not keep up with your repayments and default on this Agreement, we’ll send you a written notice of the sums owed. We’ll also have the right to collect any amount you owe us from the Payment Commitment in order to settle your account with us.
In the event you’re in contact with us with regard to your late repayments, we’ll work with you to create a repayment plan and, during the period we are in contact with you, we won’t enforce our right over the Payment Commitment.
At all times, you have the right to transfer the amount of your Payment Commitment (minus your outstanding credit balance and any Missed/Late Payment Fee applied), back to your chosen bank account. This means if you do not have an outstanding credit balance, you can transfer the full Payment Commitment back to your chosen bank account by using the Pillar Mobile App. If you instruct us to transfer the Payment Commitment back to you, we will arrange a Faster Payments transfer of the Payment Commitment back to your chosen bank account.
Your ability to use your available Credit Limit is dependent on you maintaining a Payment Commitment that is equal to the amount of the Credit Limit you wish to use.
If you transfer a portion of your Payment Commitment, your available Credit Limit will decrease by the exact amount you have transferred.
4. How and When Credit will be Provided
Upon a successful application with us, you’ll be issued with a virtual card which you can use to make transactions in line with this agreement. Details of the virtual card can be found in your Pillar Mobile App.
You can also choose to have a physical card to be sent to the address that you provided as part of your application.
Once you’ve successfully made a Payment Commitment, an equal amount will become available as credit on your Pillar Credit account within one working day.
You may use either your virtual or physical card to make purchases up to your available Credit Limit from your Pillar Credit account from any supplier that accepts Visa credit cards, subject to Part 2 below.
As part of your application process, you’re required to connect your primary bank / building society account(s) through Open Banking in order for us to carry out an affordability assessment. We will require you to maintain that connection for the life of this agreement in order for us to see that you can continue to afford using the Account.
If you choose to remove your Open Banking data sharing connection, we have the right to suspend your Pillar Card in order to stop you from continuing to spend on the card until the connection is successfully restored.
5. Interest and Fees
The rate of interest that is charged on the amount of credit to be advanced under this agreement is 0%. The rate of interest is applied on an annual basis to the amount of credit to be advanced under this agreement.
Your account with us will not be charged any fees.
6. Total Amount Payable
To give you an example of the total amount payable under this credit card agreement, it is assumed that you will make immediate use of your Card for Purchases of £1,200, and then repay the Account balance in 12 equal monthly instalments over the period of one year. In this example, the total amount payable would be £1200.00.
This amount is made up of 12 equal monthly repayments of your balance. This example assumes:
- there are no changes made to the interest rate (i.e. the interest rate remains at 0% throughout the 12 month period)
- there are no changes to the Monthly Fee
- you do not break the terms of this agreement
7. Annual Percentage Rate (“APR”)
The APR in relation to this Agreement is calculated at the time this Agreement is made and is 0%. In calculating the APR, we have assumed your Agreement will remain active for the period agreed, and that both parties will meet their obligations under this Agreement.
Each month you must pay at least the minimum monthly payment in pound sterling (£) by the date it falls due. The payment date is set out in a monthly statement that we will send to you, which will let you know how much is due to us for that month.
Remember - if you only make your minimum payment each month, it’ll take longer and cost you more to pay off your Account balance. You can always choose to pay more.
You have the right to make full payment to settle your entire Account balance or to make a part payment towards your Account balance. You can also make a payment ahead of the due date. To make a payment ahead of time, you can simply make a payment on the Pillar Mobile App.
Your first monthly statement will be issued within 31 days of you using your Credit Card for the first time and your first payment will be due on the date set out in your first statement.
Your payment due date will be at least [X] days after we produce your statement. Unless we tell you otherwise, your minimum payment will be the sum of:
- Monthly Fees and Fees charged to your Account; plus
- 5% of the outstanding balance shown on your statement; plus
- the amount of any arrears which are payable immediately.
subject to a minimum of:
- £20; or
- the full balance (if the value is less than £20)
Payments will reduce your balance only when they are credited to your Account. Your monthly statement will give you guidance on when to make payments by different methods so that they reach us and can be added to your Account on time. We’ll treat any payment you make (or part of it) as paying off any arrears on the Account first before treating it as the minimum monthly payment due on the Account.
We may at any time waive the whole or part of any interest or fees in respect of any amount charged to the Account if we think it appropriate to do so, based on how you use the Account.
As we process payments automatically, we may accept partial payments marked ‘payment in full’ or other similar language without losing our right to claim full payment.
As part of this credit facility, you are required to provide a cash deposit known as a Payment Commitment equal to the Credit Limit. You authorise us to take payments due to us under this Agreement from your Payment Commitment if you do not pay them on time yourself and you enter into a state of default. We will give you advance notice and will not take payment if we are in contact with you in regards to arranging for your outstanding balance to be repaid.
9. Allocation of Repayments
If you don’t pay the Account balance in full in any month, we’ll apply your payment to the Transactions on your monthly statement as follows:
- Monthly Fees;
- Missed Payment Fees;
- Special Transactions*; then
- Other Fees
*If you have more than one Special Transaction at the same rate, your payment will be applied first to the Special Transaction that has the earliest Promotional Period end date.
We’ll apply any remaining payment to Payments not yet shown on your statement in the same order as set out above. As payments are applied first against Transactions already shown on your statement, if you want to pay off a recent Transaction, you would first need to pay off the statement balance.
We reserve the right to charge you the following Fees in the event of the situation(s) arising:
*Missed / Late Payment fee is only applicable if the minimum repayment is 5 days overdue and will not be applied more than twice in a 12 month period following the first missed/late payment fee being charged. It would also only be charged on credit balances over £100.
All Transactions in currencies other than pound sterling will be converted into pound sterling on the day they are added to your Account at the Payment Scheme Exchange Rate (at the date and time the Transaction is processed). We do not charge a Sterling Transfer fee.
The Payment Scheme Exchange Rate used when non-pound sterling transactions are made and the amount of the Transactions in pound sterling, following application of the exchange rate, will be set out in your monthly statement.
The exchange rate we use will be the Visa foreign exchange rate and we will not apply a transaction charge.
In order to allow you to compare charges for currency conversion, you can view the real-time percentage difference between the amount that will be charged on your Card for a foreign currency Transaction (consisting of the mark-up applied by Visa) and the latest available euro foreign exchange rates issued by the European Central Bank. You can view this information on the Knowledge Hub accessed in the App or Website. We do not add any additional mark up to the exchange rate.
11. Your Statement
We’ll send you a statement each month that there is activity or a balance on the Account. This will be available within the Pillar Mobile App. The statement will show your payments and all transactions and other amounts added to your Account since the last statement.
You must make the minimum payment each month even if you don’t receive a statement for any reason. If you don’t receive a statement from us, you must contact us to find out the minimum payment due that month. If you don’t receive a statement, you’ll still have to pay any interest or fees on the balance of your Account.
You must tell us as soon as possible if you think the statement is wrong or if you do not receive a statement.
You agree that we may make your statements available in a printable and/or downloadable format via the Pillar Mobile App. You’ll receive a push notification to your mobile device when a document is ready to view.
12. Missed/Late Payment Warning
Missed/Late payments under this agreement may result in:
- the total cost of the debt growing;
- adverse entries being entered on your credit file which may make it more difficult for you to obtain credit or credit at an affordable cost; and
- legal proceedings being possibly taken against you and incurring costs associated with such proceedings.
13. Your rights under Section 75 of the Consumer Credit Act 1974
If you use your Card to buy goods or services from a supplier (e.g. a retailer), and the cost of an individual item is between £100 and £30,000 you may bring a claim against that supplier, or us, or both if:
- the supplier has broken the terms of your contract with them (for example, if a product you bought didn’t arrive); and/or
- the supplier has made a misrepresentation about the goods or services provided (for example, if a product wasn’t as the seller described)
If you do have an ongoing claim with someone else over a transaction, you must keep making payments to us while you’re trying to sort it out.
14. Use of your Card
We’ll apply Transactions and all other amounts you have to pay us to your Account. If you have authorised a Recurring Transaction, the supplier may continue to take payments from your Account until you tell them or us to cancel it. You may withdraw your authorisation at any time up to the end of the business day (Monday to Friday except for English Bank Holidays) before the Recurring Transaction is due to be paid.
If we receive your request to withdraw your authorisation for a Recurring Transaction, we’ll do our best to stop it from being charged to your Account, however we can’t guarantee that it won’t. As Recurring Transactions are initiated by the supplier, you may wish to contact the supplier as well to stop the Recurring Transaction being initiated. If the Recurring Transaction is taken from your Account after you have withdrawn your authorisation, we’ll refund the Transaction amount together with any related charges or interest.
For the full terms related to the Card, please see Part 2 below.
You must not hold duplicate Accounts with us.
15. Credit Limit and Cash Limit
The amount that you can withdraw in Cash Transactions in any month cannot be more than your available Credit Limit. We may change this Cash Limit from time to time and will notify you of any changes by post, email, on your statement or the document store in the Pillar Mobile App.
You must not go over your Credit Limit or your Cash Limit at any time. If you do, you must pay us the excess immediately. To decide whether you have gone over your Credit Limit or Cash Limit, we can take into account the amount of any Transaction we have authorised (even if it has not yet been charged to the Account).
Decreasing your Credit Limit
We may decrease your Credit Limit from time to time, however we won’t reduce this to less than your total outstanding balance (including any Transactions that have been authorised but not yet charged to your Account).
We’ll normally tell you at least  days before decreasing your credit limit, but we may do this without notice if:
- we think a reduction is needed to stop you from making further Transactions which would increase your Account balance to an amount you cannot afford to repay
- there’s a substantial change in your financial circumstances or we become aware that you’re at risk of financial difficulties
- we need to make the reduction in order to comply with legal or regulatory requirements
- your Account has been dormant, meaning there have been no Transactions or a zero balance for a period of six months or more
Increasing your Credit Limit
We may increase your Credit Limit from time to time. We may not offer you an increased Credit Limit if we have concerns about the risk of you not repaying us. A higher Credit Limit may offer greater flexibility and convenience to meet your financial needs. However, it may also increase the risk of taking on too much debt, which may be costly, or take a long time to pay off. You should carefully consider whether you need a higher limit.
You can also tell us at any time if you no longer want any Credit Limit increases to be offered to you, if you want your Credit Limit to be reduced (as long as the reduction you’ve asked for is the minimum Credit Limit we can give you) and you may reject any Credit Limit increase that we may offer you before it takes effect by informing us as part of the messaging service within your Pillar Mobile App.
Notifying you of any changes to your Credit Limit
If we increase or decrease your Credit Limit, we’ll normally tell you at least 30 days before we do so. We’ll tell you about any change by post, email, text message to your phone, or in the Pillar Mobile App. You will have the option to approve an increase in your Credit Limit or to decline it before the increase is applied to your account.
16. Special Transactions
We may offer you Special Transactions from time to time.
17. Our Right to Limit the Use of Your Account
We may temporarily or permanently cancel or suspend your right to use your Account at any time where we reasonably believe this is necessary because of the following reasons:
- the security of your Account
- suspected or actual unauthorised or fraudulent use of the Account
- a significantly increased risk that you will not repay us or as the result of our ongoing affordability assessments
- protecting you from worsening your financial difficulties by preventing you from utilising your Account and increasing your debt when you’re experiencing payment difficulties
- you remove our ability to access your bank account transactions through Open Banking
- we believe you no longer live at the address we have on record for you, meaning we may not be able to contact you
- you only meet the minimum payment for a sustained period
- to comply with our legal obligations (i.e. common law or statutory obligations including any regulatory obligations)
If we decide to cancel or suspend the use of your Account we’ll write to tell you, and give you our reason(s) for doing this.
Where we’re unable to contact you to tell you of this, we may stop the use of your Account and let you know immediately after. Where we reasonably suspect that your use of the Account is unlawful we may cancel or suspend your right of use without telling you first. This agreement will continue if we cancel or suspend your right to use the Account and we will not be liable for any loss or damage you may suffer as a result of the cancellation or suspension.
We may refuse to carry out a Transaction if:
- there’s a threat to the security of your Account
- you’ve exceeded or would exceed your Credit Limit or Cash Limit
- you tell us that your Card has been lost or stolen
- we’re required to do so for any legal, regulatory or fraud prevention purposes
- you’ve given us an inaccurate or unclear payment instruction
- the Transaction appears unusual compared to your normal spending pattern
- we suspect fraud or that carrying out a Transaction may result in increased credit risk
You can contact us to find out why we have refused to carry out a Transaction. Where we refuse to carry out a Transaction we will notify you of this and give you reasons for such refusal and tell you the steps required to complete the Transaction, unless doing so would compromise our reasonable security measures or otherwise be unlawful.
TPL may decline to issue you with a replacement Card where:
- you have repeatedly broken your agreement with us
- your Account is dormant
- we reasonably consider that there is a significantly increased risk you will not be able to repay us
18. Disputed Transactions and Refunds
If you dispute a Transaction, we may ask you to provide information which is reasonably necessary to allow us to carry out our investigation. We’ll tell you what information we will need and the timeframe for you to provide it to us when you contact us.
If, following our investigation, we believe you have not authorised the Transaction, we’ll refund the amount of the Transaction and restore the Account to the position it would have been in had the Transaction not taken place. If we refund the amount of the Transaction before we investigate your claim, we have the right to re-debit your Account should our investigations find that the disputed Transaction was authorised by you.
If you dispute any pre-authorised Transaction, you must tell us about this as soon as possible. If the dispute relates to the amount of any Transaction where the amount of the Transaction exceeds the amount that you reasonably expected (other than as a result of exchange rate fluctuations), you must tell us within eight weeks from the date on which the Transaction was put on your Account as you may be entitled to a full refund. The right to a refund does not apply where you have given consent to the Transaction to be made and information about the Transaction was provided, at least, four weeks before the date on which payment is due.
You cannot use a claim against a supplier as a reason for not making payments to us unless you have a legal right to do so.
Where a supplier that you have paid using your Card gives you a refund, your Account will be re-credited when we receive an acceptable refund voucher. Any refund will be treated as a payment towards your Account balance and allocated in accordance with any other payment. This means it may not pay off the specific Transaction to which it is related.
- make sure that each physical Card is signed as soon as you receive it
- keep your Personal Security Details and Card safe and not let anyone else know - them or use them
- make sure you know your Personal Security Details, PIN and other security information and keep them secret at all times, including destroying the notification we send you
- take care when storing or disposing of information about your Account
- comply with the security procedures we tell you about from time to time
If your Card is lost or stolen or you think that it or the Personal Security Details or Card number may be misused, or that someone may know your Personal Security Details or PIN, you must tell us as soon as possible by informing us through the messenger service within the Pillar Mobile App or by email.
You must give us all the information you have about the loss, theft or misuse of the Card, Card number, Personal Security Details or the PIN, and any other information we ask for to help us. We may give the police or relevant law enforcement or crime prevention bodies any information we think will be useful.
You won’t have to pay for any unauthorised use of your Card or PIN after you’ve told us that it is lost or stolen or if you think that it may be misused by someone other than you, unless you have acted fraudulently or were responsible for the misuse, for example, by allowing someone else to have the Card.
You must not damage or deface any Card or interfere with any chip in a Card at any time except those Cards that have to be cancelled, withdrawn or have expired, which must be destroyed by cutting them into several pieces.
Our fraud detection systems highlight suspicious spending patterns. We may contact you and prevent any further Transactions from taking place on your Account if suspicious Transactions appear on your Account.
To prevent and detect fraud, where we hold information about devices you use such as mobiles or tablets, we may use location or other data from these devices. For example, we may check if you are in the country where your payments are being made in instances where we suspect fraud on your Account. We won’t use this information for any other purpose.
We may send you alerts through push messages to your mobile device. We may also send you messages to notify you of certain activity on your Account. We’ll use the most recent contact details we hold for you. Where communicating the messages is not a regulatory requirement, we’ll give you the option to opt-out of receiving them.
20. Third Party Providers (“TPP”)
You may want to use a TTP to let you do things like see information about all your payment accounts with numerous providers. TPPs can also be used to make payments from those accounts.
You may instruct a TPP to access online information on your Account as long as they have identified themselves to us and acted in accordance with the relevant regulatory requirements. We’ll treat any instructions from a TPP as if they are from you.
Although you must not generally give your security details to anyone else, you may give them to a TPP if they ask for them. If you give your security details to a TPP, we’ll assume you’ve allowed us to let them see information about your Account and to initiate payments.
It’s important you check that any TPP you use is authorised to access your Account. They should make this clear from the information they give you. You must not give your security details to a TPP that isn’t authorised. If you notice a problem with your Account after using a TPP, please contact us immediately.
We can refuse an instruction from a TPP and may deny them access to your Account where we’re concerned about unauthorised or fraudulent access by that TPP. Before doing so, we’ll tell you that we intend to deny access and give our reasons for doing so, unless it isn’t reasonably practicable to do so, in which case we’ll tell you immediately afterwards.
In either case, we’ll tell you in the manner in which we consider most appropriate in the circumstances. We won’t tell you where doing so would compromise our reasonable security measures, or otherwise be unlawful. If we deny access to a TPP, we must also tell our regulator that we have done so.
21. Changes to This Agreement
We may change fees and charges (including removing or adding fees or charges) for reasons which are personal to you and which may be based on a number of factors, such as credit risk (which may include use of external credit reference data), the way you use your Account and whether you break the terms of this agreement.
We may also change fees and charges (including removing or adding fees or charges) and other terms where the change is to:
(a) take account of an actual, or reasonably expected, change in the interest rates we have to pay, for example, as a result of a change to the Bank of England Base Rate
(b) reflect an actual, or reasonably expected, change in our underlying costs or in law or regulation or to our way of doing business, including the introduction of new technology
(c) reflect any other actual or reasonably expected change that affects us if it is reasonable for us to pass the costs associated with the change on to you
Any change we make won’t be more than is reasonably proportionate to the impact of the underlying change on us. We won’t make changes to cover the same cost twice.
As this Agreement has no fixed end date, we may also change fees and charges (including removing or adding fees or charges) and other terms at any time.
We’ll give you at least 30 days’ notice before we make a change under this section unless that change is to your advantage, in which case we may make the change immediately and tell you about it within 30 days. If a change is to your disadvantage, you can write to us within 60 days to close your Account and terminate this Agreement (subject to satisfying the requirements set out in Section 22). If you don’t, the change will apply until this Agreement is terminated.
We’ll let you know about any changes by informing you through a push notification to your mobile device as well as in the document store of your Pillar Mobile App.
22. Closing your account
When you first open your Account you can withdraw from this Agreement without giving us a reason by writing to us, or notifying us on the Pillar Mobile App within 14 days from the day after this Agreement is made, or the day after you receive a copy of this Agreement (whichever is later). Pillar’s contact details are set out in Section 24 below. If you tell us you’re withdrawing from this Agreement, you’ll have to repay the drawn credit balance within 30 days.
This Agreement has no fixed term, which means it will continue until you or we decide to close your account. You may end this Agreement at any time by contacting us to do so, and we can close your account by writing to you. Unless we need to close your account immediately, we’ll give you at least two months’ written notice if we decide to end this Agreement.
We may close your Account and require immediate repayment of the total outstanding balance for any of the following reasons:
- we find out that our decision to lend to you was based on inaccurate, misleading or incomplete information as a result of your negligent or fraudulent misrepresentation
- we believe you’ve broken this agreement regularly or seriously
- if you become bankrupt or enter into a voluntary arrangement with your creditors (or we believe this is likely to happen)
- if the Home Office informs us you have become a “disqualified person” due to your immigration status
- if you die (if this were to happen, we may ask your estate to make the repayment)
You can facilitate the full payment of the amount you owe us to expedite the termination of this Agreement by requesting that we suspend your Pillar Card to prevent you from continuing to use your Pillar Card and incurring more debt. You must continue to pay the balance you owe us even after the Account is terminated or closed.
Before making any demand we will provide you with any notices required by law.
Once a notice has been given, Cards, Card numbers and PINs must not be used and you must destroy them or, if we ask you to, return all Cards having cut them into several pieces and cancel any instructions or authorities you have given others to charge your Account. You must continue to make all payments due under this Agreement, which will continue until you have repaid all amounts owed to us, including amounts added to the Account after the notice to end this Agreement.
23. Transferring this Agreement
We may transfer to any other person (including business) any or all of our rights and/or duties under this Agreement at any time. If the arrangements for servicing your Account do not change as a result of this transfer, we may do this without notice, but we will tell you if and when the arrangements do change. In other cases we will give you notice as soon as reasonably possible. Your rights under this Agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected. You won’t be able to transfer any rights you have against us to anyone else.
24. Contacting us
If you need to contact us for any reason, you can contact us:
- in the chat function of the Pillar Mobile App
- by emailing us at email@example.com
- by writing to us at Pillar Customer Services, Affinitech Limited, 11-13 Cowgate, Peterborough, PE1 1LZ
You can also request a telephone call by using the Pillar Mobile App.
We’ll only ever communicate with you in English. We may send you notices or other information about your Account, for example, in your monthly statement.
25. Complaints and How we are Regulated
How to complain
If you have a complaint, please submit it through the chat function within the Pillar Mobile App or via email (firstname.lastname@example.org) or orally by requesting a call back in the Pillar Mobile App. We aim to provide you with a decision as quickly as we can.
Our complaints procedure is available upon request and is accessible on our website (www.hellopillar.com) and in the Pillar Mobile App. Our complaints procedure contains further information on our approach to dealing with complaints, including the handling timescales.
You have the right to refer your complaint to the Financial Ombudsman Service should we not issue you with a final written response within 8 weeks or should you be dissatisfied with our final response. Details of how to complain to the Financial Ombudsman Service are available at: www.financial-ombudsman.org.uk.
If your complaint relates to the Card, please see clause 15 of Part 2.
We are authorised by the Financial Conduct Authority (Financial Services Register No. X X X X). The Financial Conduct Authority is the supervisory authority under the Consumer Credit Act 1974, and its address is 12 Endeavour Square, Stratford, London, E20 1JN.
TPL is regulated by the Gibraltar Financial Services Commission. Further details are set out in Part 2.
26. Governing Law
The law of England and Wales applies to this agreement. A dispute about this agreement can be dealt with by a court in England and Wales, unless your address is in:
- Scotland - where it will be dealt with by the courts of Scotland; or
- Northern Ireland - where it will be dealt with by the courts of Northern Ireland.
Glossary of terms used in this agreement
Part 2: Pillar Visa Credit Card Terms and Conditions
IMPORTANT INFORMATION: 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.
1. Definitions & Interpretation:
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. You can download the latest version of this Cardholder Agreement at any time from the App and from the Website and/or request a paper copy from Customer Services.
2.3. You are not permitted to resell the Card.
3. Activation of your Card
3.1. To apply for, and use, a Card you must be at least 18 years of age and a resident of the United Kingdom.
3.2. You may obtain a card by downloading and registering on the App.
3.3. In order to activate the Card, you must open an account in the App where instructions will be provided.
3.4. Provided we have been able to undertake KYC, the Card will then be activated and you will be able to use it.
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. We and the Program Manager reserve the right to request KYC documents and verification of your source of funds at any point.
5.2. The amount relating to each Transaction and any associated fees executed with the Card issued will be added to the Spending Balance recorded on the Transaction Ledger which is settled by the Lender via the Credit Card Processing Account up to the Limit in line with the Lender Credit Agreement.
5.3. Your use of the Card is subject to the Fees detailed in the Fees Schedule, which shall be deducted from the Spending Balance.
5.4. Unless we inform you otherwise, you can use the Card at any Merchant who accepts the Scheme to carry out Transactions.
5.5 You must always ensure that you have sufficient Available Limit for each Transaction you authorise (including value added tax and other taxes, duties and applicable fees). If the Available Limit is insufficient to pay for a Transaction, some Merchants may not permit you to combine the use of your Card with other payment methods.
5.6. If for any reason a Transaction is carried out but its amount exceeds the Available Limit, 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.
5.7. There are certain circumstances where a Merchant may require you to have an Available Limit greater than the value of the Transaction you wish to make and you will only be charged for the actual and final value of the Transaction. Merchants may request this as they may need to access more funds than you initially planned to spend for example, when making hotel or rental car reservations. In the event that a Merchant has prior authorization on your Card, you will not have access to the relevant funds until the Transaction is completed or, if sooner, up to a period of 30 days. We will only block access to the exact amount of funds authorised by you.
5.8. Your Card may be used where such Merchants are unable to obtain online authorisation that you have sufficient Available Limit for the Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths), subject to approved limits communicated to you by Program Manager. We accept no liability if a Merchant refuses to accept payment using the Card.
5.9. We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person.
5.10. You must not use the Card for:
- gambling transactions;
- dating and escort services; or
- any illegal purposes.
5.11. The Card Fees are outlined in the Schedule and will apply to the Card. Each time you use the Card, the value of the Transaction plus any applicable fees shall be deducted from the Available Limit of the Credit Card Processing Account. If the value of the Transaction plus any applicable fees exceeds the Available Limit, the Transaction will be declined, and applicable fees shall be charged to the Card in accordance with the provisions of the Schedule. These fees cannot exceed the amount of the payment order.
5.12. The Limit, and the other transaction thresholds which are applicable to your use of the Card, may be updated from time to time and will be advised to you by Program Manager via the Mobile App, Website or other means.
6. Authorising Transactions
6.1. You will need to give your consent to each Transaction by, where applicable, a) using a security code personal to you; b) providing the Card details and/or providing any other details personal to you and/or your Card; or d) where applicable, placing your Card near a contactless point-of-sale terminal. 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 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 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 or Account and these will be resolved as soon as possible.
7. Managing & Protecting Your Card
7.1. You will need a Personal Identification Number (PIN) in order to make payments at a Merchant with the Card and to make cash withdrawals from an ATM or bank. Your PIN will be available to you within the App.
7.2. If you forget your PIN, you may retrieve it from the App. For further assistance with any PIN-related queries, please contact Customer Services.
7.3. You must not give your Card to any other person or allow any other person to use it.
7.4. You are responsible for your Card, PIN, 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):
(a) never letting any other person use your Security Details;
(b) never writing your Security Details on your Card or on anything you usually keep with your Card;
(c) keeping your Security Details secret at all times for example, by not using your PIN if anyone else is watching.
7.5. 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.
7.6. If you believe that someone else knows any of your Security Details, you must notify us by contacting Customer Services immediately.
7.7. 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 and push notification.
7.8. 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.
8.1. If you have ordered your Card online, you may cancel it free of charge before activating and using it, and up to 14 calendar days after the date of activation (the “Cancellation Period”) by writing to Customer Services. This does not apply to replacement Cards where the cancellation period for the original Card has expired.
8.2. You may also terminate your Card at any time by contacting Customer Services.
8.3. Once your Card has been cancelled, the Card will no longer work for Transactions and cannot be reactivated.
8.4. Once your Card has been cancelled, it will be your responsibility to destroy your [Physical] Card(s).
8.5. 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, Program Manager will notify you of the amount and you must immediately repay to us such amount on demand.
9.1. This Cardholder Agreement shall terminate on the Expiry Date of your Card unless you are issued with a replacement card.
10. Termination or Suspension of your Card
10.1. When this Cardholder Agreement is terminated, you will not be able to use your Card. 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:
(a) 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
(b) the agreement between you and the Lender which governs the Credit Card Processing Account has been terminated or an event of default has occurred under such agreement and is ongoing;
(c) a Transaction has been declined because of a lack of Available Limit or you do not repay money that you owe to us; or
(d) you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Agreement; or
(e) 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; or
(f) we believe that your use of the Card may result in harm to us or our systems; or
(g) we believe that your continued use of the Card may damage our reputation; or
(h) you become bankrupt; or
(i) 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
(j) we cannot process some or all of your Transactions due to the actions of third parties; or
(k) 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.
10.4. Unless or until you or we terminate this Cardholder Agreement, or your Card expires and no replacement Card is issued to you, this Cardholder Agreement will remain in force.
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 Customer Services as specified in this condition.
11.2. You must contact Program Manager without delay via the chat features in the App or by calling 0333 090 1488 if you know or suspect that a Card is lost, stolen, misappropriated or subject to unauthorised use or that any Security Details are 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 £35 (or currency equivalent) of losses due to unauthorised Transactions made before you made the notification 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 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. Replacement Cards will be sent to the most recent address you have provided and may be subject to a Fee, as set out in the Fees Schedule.
11.6. You agree to cooperate with our agents, any supervisory 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 an unauthorised or incorrectly executed Transaction without undue delay, and 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 UK or EEA arrived later than it should have according to the terms of this 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 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 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 Goods or services paid for with a Card cannot be refunded by a Merchant unless there was a prior Transaction debited from the Card by that retailer of an equal or higher amount than the refund requested. If you are entitled to a refund for any reason for goods or services purchased using a Card, you agree that such refund will be made to the Credit Card Processing Account held by you with the Lender.
12.4 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 Limit and we may charge you an investigation fee. If you do not have sufficient Available Limit, you must repay us the amount immediately on demand.
13. Foreign Exchange
13.1. If you use your Card in an EEA currency other than the currency in which your Card is denominated (“Foreign Currency Transaction”), the amount deducted from your Available Balance will be the amount of the Foreign Currency Transaction converted to your Card currency using a rate set by the Scheme on the date it is authorised. You may also be charged a foreign exchange Fee as set out in the Fees Schedule. In order to allow you to compare charges for currency conversion, you can view the real-time percentage difference between the amount that will be charged on your Card for a Foreign Currency Transaction (consisting of the mark-up applied by the Scheme as well as any other charges) and the latest available euro foreign exchange reference rates issued by the European Central Bank. You can view this information on the Knowledge Hub of the App or Website prior to making a Foreign Currency Transaction.
14. Our Liability
14.1. We shall not be liable for any loss arising:
(a) from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
(b) from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
(c) from any use of this Card that is contrary to this Cardholder Agreement;
(d) for goods or services that are purchased with the Card; and
(e) for 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 Spending 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 limitations set out in this paragraph shall apply to any liability of Program Manager or our affiliates such as the Scheme, and other suppliers, contractors, representatives and any of their respective affiliates (each a "Protected Party") (if any), to you, which may arise in connection with this Cardholder Agreement. This clause 14.7, and the exclusions and limitations set out in this paragraph, are intended to operate to benefit any and all such Protected Parties and to be enforceable by each Protected Party, in accordance with the Contracts (Rights of Third Parties) Act 1999. This clause 14.7 may be amended by agreement between you and us without obtaining the consent or agreement of any Protected Party.
15.1. Should you wish to make a complaint about your Card, you may contact Customer Services by email at email@example.com to submit details of 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 return email 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 TPL’s Complaints Department by writing to firstname.lastname@example.org
15.4. If TPL’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 receipt 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 Gibraltar Financial Services Commission at: Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar or email email@example.com.
16. General Communication
16.1. Any communication from us or from Program Manager to you will be given via the App (using the latest contact details with which you have provided us).
16.2. You may contact Customer Service via the details which are set out in clause 1.
17. Personal Data
17.1. TPL 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(iv) above.
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 on the App or by e-mail (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.
19.1. You agree that this Cardholder Agreement shall, and any notice or other communication to be given under or in connection with this Cardholder Agreement may, be in the English language.
19.2. The English language version of this Cardholder Agreement and of any communications, to be given under or in connection with this Cardholder Agreement, and the App 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 Gibraltar law.
21.1. You agree to the non-exclusive jurisdiction of the courts of Gibraltar.
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. If any provision of this Cardholder Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
22.3. 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 Agreement to a third party and may subcontract any of our obligations under this Cardholder Agreement.
Fees Schedule – Build product