CARD TERMS & CONDITIONS
Monavate Consumer Debit Card Terms - attached to separated Financing Services offered by SeQura
- Introduction
This are the specific Terms and Conditions for the SeQura Card product, that govern the contractual relationship between you (“you” or the “Cardholder”) and Monavate (“us”, “we”, “our” “Monavate” or the “Issuer” as applicable in the context), while hereinafter, “You” and “Monavate” shall be individually referred to as the “Party” and jointly as the “Parties”, with respect to your use of the SeQura Card product (the “Card”), and constitute a legally binding contract between the Parties (the “Agreement” or the “SeQura Card Terms”).
This Agreement contains the terms under which Monavate provides you the regulated Services as the Issuer of the SeQura Card product (your Card). SeQura shall act as programme manager of the SeQura Card product, in accordance with and limited to the functions set out in this Agreement.
For the purpose of offering you the SeQura Card product, SeQura has partnered with UAB Monavate, an Electronic Money Institution (EMI) supervised by the Bank of Lithuania (authorization code LB002139901097), and operating in Spain under the freedom to provide services (passporting) regime, with registered address at Konstitucijos pr. 21a, LT-08130, Vilnius (Lithuania) and holder with company code number 305628001, duly authorized to issue electronic money and provide payment services (“Monavate”). Monavate is the issuer and manager of the Card. If you have any issues related to the operation of the Card, you must contact us through the channels set out in Section 2.4.
Please read carefully this Agreement in full before you start using the Services; it contains important information about us as the Issuer of the SeQura Card product, the regulated Services that we will provide to you as the Cardholder of the SeQura Card, the circumstances under which this Agreement may be changed or ended, what to do and how to access help from us in the event there is a problem related to your SeQura Card as well as other relevant information.
By entering into this Agreement, you expressly acknowledge and agree that you are entering into this Agreement with Monavate (including any schedules and/or appendices), and expressly accept the following documents, which are incorporated by reference to this Agreement and form an integral and indivisible part of it (the “Additional Documents”):
- Monavate Privacy Policy: https://www.monavate.com/privacy-policy
- SeQura Card Financing Services Terms: [LINK]
- SeQura General Terms and Conditions: https://legal.SeQura.com/condiciones-contratacion
- SeQura App Terms of Use: https://legal.sequra.com/condiciones-shopper-app
- SeQura Privacy Policy: https://legal.SeQura.com/politica-privacidad
- SeQura Cookies Policy: https://legal.SeQura.com/politica-cookies
Monavate is the Card issuer and payment service provider for your Card and related payment services; SeQura separately provides the Financing Services, under the SeQura Card Financing Services Terms.
By starting to use the Services (including, for example, using your Card to make a purchase at a physical or online store), you confirm that you expressly accept and agree to enter into this Agreement and accept all the Additional Documents referred to above, including any updates to any of them.
Cooling-off period: You are entitled to a 14-day “cooling off” period starting from the day you activate your Card (as set forth in Section 4.7). If you would like to cancel this Agreement during the Cooling-off period, please contact the customer support services though the SeQura App (as set forth in Section 3) and remove your Card from the wallet of your smartphone. If you have used the Card to make a payment transaction, you will be entitled to withdrawal from the Financing Services linked to your Card in accordance with the SeQura Card Financing Services Terms. If, for some reason, you have paid any initial Card issuance fee, we will refund it to the Debit Direct Card you provided us during your Card onboarding process through the SeQura App, at no additional cost to you.
- Who we are and how to contact us?
- Who are we? We are the issuer and manager of your Card. Under this Agreement we provide you with the regulated payment Services in connection with your Card.
- Our company information: UAB Monavate is a company incorporated under the laws of Lithuania with entity code: 305628001. Our registered address is Konstitucijos pr. 21a, LT-08130, Vilnius, Lithuania.
- We are authorised by the Bank of Lithuania: UAB Monavate is authorised by the Bank of Lithuania (“BOL”) (authorisation code: LB002139901097) to issue electronic money and provide payment services. Monavate provides its services in Spain under the freedom to provide services, covered by the European passport provided for in the regulations on payment services and electronic money.
- How to contact us? You can contact us through any of the following channels:
By phone: +37069870638
By email: info@monavate.com
By writing to:
UAB Monavate, Konstitucijos pr. 21a
LT-08130, Vilnius, Lithuania - For the purposes of customer service for residents in Spain, SeQura acting as programme manager for the SeQura Card product issued by Monavate, there are communication channels accessible from Spanish territory and will guarantee service in Spanish:
By email: incidencias@tarjetasequra.es
By phone: +34 931 82 88 25
- Glossary
- “Agreement” means a contract for payment services which governs the future execution of individual and successive payment transactions and which may contain the obligations and conditions for setting up a payment account as defined in the EU Payment Services Directive. The Services regulated by this Agreement are limited to the issuance of the payment instrument and the execution of card payment transactions, and in no case include the granting of credit by Monavate.
- “BOL” means the Bank of Lithuania.
- “Business Days” means any day other than Saturday, Sunday or public holiday in Spain and Lithuania, on which payment systems and card scheme settlement operate.
- “Card” means the SeQura Card, the payment card issued by Monavate to you that you may use to transact (as well as any replacement card issued to you by us). The Card is a debit Card issued to your own name and behalf. The Card is not a credit card or a charge card. There is no stored balance or deposit account associated with the Card; card payments are processed and settled via card schemes, and Financing Services (if any) are provided separately by SeQura.
- “Consumer” shall be understood to mean the Cardholder who is a natural person acting for purposes unrelated to their commercial, business, trade or professional activity.
- “Denominated Currency” or “Currency” means EUROS (€).
- “Direct Debit Card” means the payment card you registered in the SeQura App for collections under the Agreement and the SeQura Card Financing Services Terms.
- “Effective Date of the Agreement”: Notwithstanding the signing of the Agreement through the SeQura App, it shall not enter into force until we expressly and reliably confirm you that the service has been approved. Such confirmation will be provided through the SeQura App onboarding process, when we notify you that your Card has been activated. Until such confirmation is provided, the rights and obligations agreed between the Parties shall not be in force and, therefore, the legal relationship shall not be valid for any purposes.
- “Payment Instrument” means the Card.
- “SeQura” means SeQura Worldwide, S.A., a company incorporated and existing under the laws of Spain, with registered address at calle Alí Bei 5-7, entresuelo, 08010 Barcelona (Spain), holder with Spanish Tax Identification Number (NIF) A-66054164 and registered with the Commercial Register of Barcelona under I.R.U.S. 1000368139679 and sheet B-439545. You can contact SeQura first by following the support instructions in the SeQura App and through any of the following channels: By phone: +34 931 760 008 / By whatsapp: +34 659 076 465 / By email: clientes@SeQura.es.
- “SeQura App” means the application offered by SeQura to its customers, available for download through the Apple App Store and Google Play Store, which provides access to the SeQura shopper portal and through which you can manage your SeQura Card and your SeQura Financing Services linked to your Card.
- “SeQura Financing Services” means the financing services provided to you by SeQura and linked to your Card, which allow you to benefit from financing when making transactions and purchases with your Card. The SeQura Financing Services is regulated under the SeQura Card Financing Services Terms.
- “Services” means the “Card” and any other services provided by Monavate, as the issuer of the Card and the provider of the regulated payment services in connection with the Card, and expressly excludes the SeQura Financing Services, which shall be governed by the SeQura Card Financing Services Terms, a separate agreement entered into with SeQura. Monavate’s Services shall be governed by this Agreement.
- “Territory” means Spain.
- “Termination” shall mean the end of the Agreement, which implies the termination of the Agreement for the purposes of the obligations and rights arising from the Parties, as well as the termination of the Services for all purposes, as a result of the right of the Parties to request that the Agreement is ended according with Section 13 of this Agreement.
- Getting started:
- Obtaining the virtual Card: You will receive an invitation to apply for the SeQura Card product and request your virtual SeQura Card. To do so, open the SeQura App, go to the Card or SeQura Card Section in the side menu of the App and select “I want my SeQura Card”. By completing the onboarding process, you request and consent to Monavate issuing a Card in your own name.
- Authorization to issue the Card: The Cardholder authorises Monavate to issue a Card linked to the payment account in the Cardholder’s name. The Cardholder may hold only one SeQura Card at a time. However, if SeQura launches additional SeQura Card products or new features of the same product, the Cardholder may request one or more additional Cards. Each such request constitutes the Cardholder’s consent for Monavate to issue a new Card in the Cardholder’s name. The sole purpose of issuing the Card is to enable the initiation and execution of payment transactions in accordance with applicable payment services regulations. Monavate does not grant credit or provide financing under this Agreement.
- Eligibility Requirements: To enter into this Agreement and be eligible to use our Services, you must, cumulatively, meet the following conditions (the “Eligibility Requirements”):
- You have registered on the SeQura App platform, opened a user account and have accepted the Terms of use of the App, the Rewards Terms and the Privacy Policy. Likewise you must have accepted the SeQura Card Financing Services Terms [LINK].
- You are a citizen and/or legally resident in Spain;
- You are at least 18 years old; and
- Your access to the SeQura App has not been restricted, suspended or otherwise limited for any reason.
By accepting this Agreement, you acknowledge and confirm that you meet the Eligibility Requirements set forth above. In the event that it is later determined that you have not met or no longer meet any of these Eligibility Requirements, we may suspend the Card and any related Services. We reserve the right, in our sole discretion, to issue you a new Card and/or renew your Card.
SeQura may, in its sole discretion, accept and/or reject any application to use the Financing Services associated with the Card. For more information about the Financing Services linked to your Card, please read the SeQura Card Financing Services Terms.
- Card onboarding process: To use the Services, you must apply though the SeQura App and provide us with all the information requested during the Card onboarding process. As part of the Card onboarding and registration process, we will ask you to provide and/or confirm certain personal data to verify your identity and comply with applicable laws and regulations (including internal KYC and AML policies). Don't worry, we will only request the information to activate your Card and complete these checks. If you experience any issues during Card onboarding, please contact SeQura as set forth in Section 3.
- Verification of your identity: As we provide regulated payment and card issuing Services, we are required by law to verify certain information about you before we can provide the Services. Therefore, we will not issue the Card until we have verified your identity and completed any other checks we consider necessary. In particular, we will ask you to provide the following personal details and information:
- First and last name;
- Date of birth;
- Identity document (DNI or NIE);
- Spanish mobile phone;
- Verifiable email; and
- Address in Spain.
In addition, we will ask you to complete a small real-time identity verification though the SeQura App. It is a very simple process that consists of: - Upload both sides of your Spanish ID (DNI) or Foreign Identification Number (NIE); and
- Take a dynamic selfie to confirm that the person on the ID is you and confirm that you are a real person.
Of course, all your data will be processed securely and in accordance with the Monavate Privacy Policy and with the SeQura Privacy Policy. This information helps us confirm your identity and comply with security and fraud prevention regulations. If we are unable to verify your details, we will not be able to issue you a Card and therefore you will not have access to our Services.
We will verify your identity through checks of your personal data and profile information, strong customer authentication and, where necessary, documentary and/or biometric verification. We may also carry out anti-money laundering and counter-terrorist financing controls (AML/CFT), including sanctions screening, as required by applicable law. If you fail these checks, do not provide the required information, or we believe the information is incomplete or inaccurate, we will not be able to provide you with access to the Card.
We may also carry out AML/CFT checks, sanctions screening and fraud prevention checks, as required by law. For Card issuance and payment processing Services, we will share strictly necessary data with our authorised payment processors and the relevant Card Schemes (e.g., Mastercard) to execute and settle your Card payments.
- The information you provide must be accurate and up to date at all times: The information you provide to us must be accurate, complete and truthful at all times. If your personal information changes, then you must update the information we hold about you by updating your information through your personal profile in the SeQura App.
We may require additional information from you from time to time and you must cooperate by providing such information upon request. Any requests for additional information will be made through the SeQura App and/or sent to the email address or phone number you provided during your Card onboarding process. Please remember to keep your contact information up to date at all times. If you fail to provide the requested information within the timeframe we specify, we may, at our discretion, block your card and/or restrict or prohibit your access to the Service, with or without prior notice. - Electronic checks with third parties: We may share information which we receive from you with other associated organizations or carry out checks on you electronically as is necessary for the purposes of providing the Services. When we perform electronic checks, we may disclose personal data about you to fraud prevention and credit reference agencies who may keep a record of that information. By applying for our Services, you agree to certain personal data about you being passed to such agencies for this purpose. You have the right of access to the personal records held by such fraud prevention agencies. We will supply the names and addresses of the agencies we use upon written request addressed to: info@monavate.com.
- Activation of your virtual Card: To activate your Card, you will have to access the SeQura App, access to your personal profile and select your SeQura Card, and click on the “Activate” option. Card transactions will use Strong Customer Authentication (SCA) as required, which may include dynamic linking (e.g., OTP, in-app approval, biometrics) and, where applicable, your PIN or other credentials. With this, Payment Services Directive 2 (PSD2) aims to improve security and reduce fraud in transactions. This code is unique and will be associated with all of your SeQura Card.
- Cancellation of your Card: In case of cancellation of your Card you may request the issuance of a new Card at no cost in the manner provided in this Agreement and in the SeQura App.
- You must comply with laws applicable to you at all times. You must comply with laws applicable to you at all times. This means when you must comply with all laws applicable to you during the time in which you are applying with us for Services, throughout the term of this Agreement and for as long as we hold an active Card issued in your name.
- About the Card
- Your Card: The purpose of this Agreement is to regulate the issuing of a debit Card in name of the Cardholder. The Card is an electronic Mastercard consumer debit Card that allows you to initiate payment orders to obtain goods and professional services at physical stores that accept Mastercard within Spain in both online and physical stores, provided that the website accessed accepts this method of payment, in which case it will be subject to the conditions established therein. The Card constitutes exclusively a payment instrument enabling the execution of payment orders through card schemes, without implying the holding of deposited or stored funds by the Cardholder.
- Ownership of the Card: The Card issued is the exclusive property of Monavate and upon cancellation, expiry or when requested by us, must be removed from the wallet of your smartphone and deleted. The Cardholder shall comply with the Eligibility Requirements and other requirement set forth in Section 4 above.
- Who is the issuer of the Card? The Card is issued by us – Monavate. If you have any doubts or queries about the Services, or about the issuing and payment Services related to your Card, please refer to our company details in Section 2.
- How the Card can be used: You may use the Card to make online and in-store purchases within Spain (the “Territory”) at eligible merchants and permitted MCCs that accept Mastercard. Certain transactions with Spanish merchants may be processed through international payment gateways (e.g., marketplaces operating from other European countries such as for example Luxembourg and Ireland, among others), which is considered a valid use of the card. The Card has no funds or stored balance and cannot be loaded or topped up. Each Card payment is subject to operational and risk limits under this Agreement and the SeQura Card Financing Services Terms; these limits do not create a credit line nor a pre-approved amount of credit.
For a payment to be processed, seQura must approve financing for that specific transaction in accordance with the SeQura Card Financing Services Terms; otherwise, the transaction will be declined. Each use of the Card may give rise to a separate financing agreement with SeQura, if approved by SeQura under the SeQura Card Financing Services Terms.
The Card is a debit Card, not a credit or charge card. The authorisation and execution of each payment transaction shall be subject to the operational and risk controls applicable to the payment instrument. Any financing service that may be associated with a payment transaction shall be provided by a third party under a separate agreement. The execution of payment transactions does not involve the granting of credit by Monavate. - Restrictions for security and compliance: For security and regulatory compliance limits, we may limit, restrict or block use of the Card and associated Services in certain countries or regions (outside the Territory) and for certain Merchant Category Codes (MCCs). Excluded MCCs may include, on a non-exhaustive basis: tobacco; supermarkets and groceries; prostitution and sexual services; pornography; gambling/betting/lotteries; jewellery, watches and precious metals; speculative commodities/financial products; purchase/sale of live animals; ATM/cash withdrawals; payments outside the Territory or in currencies other than EUR. The above limitations are based on objective criteria relating to security, fraud prevention and regulatory compliance, and may be updated accordingly. This list is dynamic and may be updated from time to time for risk, legal or product reasons; exclusions are automatically applied on authorisation.
- Use of your Card
- Authorization of payment transactions: You will need to expressly authorize each particular transaction made with your Card. To authorise a payment made using the Card, you will need to use the Card or the Card number to make a purchase. You authorize each payment transaction order by (i) entering your Card details or using the Card stored in your digital wallet and, where prompted, (ii) completing additional security steps such as logging in to the SeQura App and entering a one-time password (OTP) sent to your mobile device, using Face ID/biometrics, and/or entering your PIN at the point of sale. By completing these steps, you give your explicit consent to the transaction, your identity is verified, and you instruct that a card payment be initiated and processed by Monavate and cleared and settled to the merchant through the applicable card schemes. Evidence of the above steps constitutes proof of authorization.
Sometimes, you may need to take additional steps to authorise a transaction at the time you are paying, for example, you may need to enter details on a merchant’s online payment page, tap your Card at the point of sale in-store. Depending on the circumstances, you may be required to undergo some further security checks at the time such as providing biometric data (e.g. a fingerprint, include a PIN code, etc).
The authorisation and execution of each payment transaction shall be carried out in accordance with strong customer authentication mechanisms and the operational and security controls applicable to the payment instrument, without implying the granting of credit by Monavate.
- If the Card, card number and PIN, biometric data or other security details have been used, we will assume you have authorised the transaction. You must therefore tell us immediately if you do not recognise a transaction that has been charged to your Card and is listed as a transaction in the SeQura App. If you experience any issue with a payment transaction, please contact us immediately according with Section 9 and 10.
- You cannot cancel a transaction after it has been authorised. However, you may still be able to cancel your purchase in accordance with the merchant’s applicable terms and conditions.
- There are situations where we may refuse to authorise a transaction. There are certain situations in which we may refuse to authorise a transaction and/or where we may suspend your use of your Card. These situations are:
- if legal or regulatory requirements prevent us from making the payment or mean that we need to carry out further checks;
- if you have infringed this Agreement in a way that we reasonably believe justifies our refusing or delaying your payment;
- if your make a purchase outside the Territory or in a currency other than Euros;
- if your make a purchase with a merchant operating under an excluded MCC;
- if we believe that processing your transaction would break this Agreement or that you have not provided all the information we need to make the payment properly;
- if your national ID is expired;
- if any security, operational or risk limit that applies to your Card prevents us from processing a transaction;
- if a bankruptcy order is made against you or you have entered into an individual voluntary arrangement with your creditors;
- if, even after doing everything reasonably possible, we will not be able to make the payment on time;
- if a third party prevents us from making the payment (for example, a card scheme);
- if you owe us money; and
- if we have asked you for important information we reasonably need and you have not given us that information.
Monavate may refuse to authorise a payment transaction where objective reasons related to the security of the payment instrument, fraud prevention, regulatory compliance, or applicable operational limits are present. Any refusal will be based on justified and proportionate grounds in accordance with applicable payment services regulations.
- Time we will receive the payment order: If your payment order is received by us after 4pm on a business day or not on a business day, your payment order will be deemed received on the following business day.
- Execution times
- Card transactions are only permitted within the Territory and in EUR. Transactions attempted outside the Territory or in non‑EUR currencies will be declined.
- For EUR card transactions, we will ensure that the amount reaches the payee’s payment service provider no later than by the end of the next Business Day after receipt of the payment order.
- If the payment service provider of the merchant is located outside the Territory, your transaction will be automatically declined and will not be processed.
- Card limits
You cannot use the Card to withdraw cash from ATMs.
For the use of the Card by the Cardholder, the Cardholder may set a limit on the amount, beyond which it cannot be used without their express authorisation. Likewise, at the request of the Cardholder to Monavate, limits may be set on the use of the cards for specific periods (days). These limits may not exceed the limits established by Monavate at any given time. For security reasons, by default the Card may be subject to a maximum limit of €1,100 per transaction; for higher amounts, you may request a temporary adjustment via the SeQura App support, subject to risk and operational review.
There may be also limits imposed on the amount of funds you can spend using your Card. These limits will be determined by the SeQura Card Financing Services and for other security and operational reasons. For more information about your Financing Services limitations, please refer to your SeQura Card Financing Services Terms.
Monavate reserves the right to block the use of the Card (the payment instrument) for objectively justified reasons related to the security of the Card, suspicion of unauthorised or fraudulent use thereof. Monavate will inform the Cardholder of any security-motivated blocking and the reasons, where lawful, prior to the block or immediately after, via email and/or in-App notice and will provide free-of-charge means to request unblocking or replacement when reasons cease. This communication will take place prior to the blocking and, if this is not possible, immediately after the blocking, unless the communication of such information is compromised for objectively justified security reasons or is contrary to any other regulatory provision. Monavate will unblock the Card or replace it with a new one once the reasons for blocking its use no longer exist.
- Card expiry and renewal
You may use your Card only until the expiry date indicated in your Card details. Upon expiry, the Card will cease to function for transactions. We may, at our discretion, issue a replacement virtual Card before the expiry date. We may ask you to confirm or update certain details before we issue a replacement. Where a replacement is issued, your primary account number (PAN) may remain the same, while the expiry date and CVC will be updated. The expiry or replacement of your virtual Card does not in itself terminate this Agreement. However, you will not be able to make card payments unless you hold an active Card.
In the event of cancellation of the Card before the expiry date, the Card will cease to be operational from the moment of cancellation.
Notwithstanding the above, Monavate reserves the right to cancel or modify the expiry date of the Cards during the period of validity, as well as the right to renew them once the expiry date has been reached. In this case, the Cardholder will lose all rights relating to the use of the Card, and Monavate will notify them by express communication through the usual channels.
- Economic conditions: How much will you pay for your Card?
- Fees: Card issuance and standard use of the Services are free of charge; see Schedule 8.1 (Fees and Charges Tariff). Fees, if any, apply only as set out in Schedule 8.1 and relate solely to the Services provided by us under this Agreement. No fees or charges other than those expressly set out in Schedule 8.1 shall be applied in relation to the payment services provided under this Agreement. Where a card scheme imposes specific chargeback or arbitration fees, we may pass through such fees to you only where the scheme cost applies due to your failure to provide requested information or documentation, as detailed in Schedule 8.1.
For the avoidance of doubt, any fees, charges and rates relating to the financing services do not form part of this Agreement and are governed by the SeQura Card Financing Services Terms.
- Exchange rates: No foreign exchange margins (FX margins) or currency conversion fees (FX) will be applied to you, as the Card may only be used to make payments in euros (EUR) and within the permitted Territory. Any transaction attempted (i) in a currency other than EUR, or (ii) outside the permitted Territory, will be automatically declined.
- Keeping your card safe
- Your duty to keep credentials safe and notify us: You must take adequate measures and use best efforts to prevent unauthorized access/use of the Services and keep your Card safe. To help you keep your Card secure, you are required to:
- keep your Card, Card number, CCV, login codes and other security features used to access the SeQura App strictly to yourself; do not share your security credentials to access your personal log in with any other person or otherwise allow another person to use the Services;
- not permit any other person to use your Card;
- make sure all your devices you use to access the Services are properly protected (set at least one form of access protection, for example a login code);
- keep the operating systems of your devices clean (no illegal software) and up-to-date;
- frequently review the list of transactions in the SeQura App to monitor they are as expected as per your spending;
- inform yourself about common scams, such as phishing;
- always immediately report irregularities by contacting us and follow our instructions.
- How to notify us if there is a problem with your Card or the payment Service
- If you lose your Card details or the security credentials used to access the SeQura App, or if they are stolen, or you suspect any unauthorised use or misuse of your Card, you must tell us immediately and with undue delay through the cannels made available to you under the present Agreement.
- If you become aware of loss, theft, misappropriation or unauthorised use of your Card or credentials, you can always temporarily suspend your Card at any time from the Card section in the SeQura App and follow the steps shown there to cancel your Card if needed. Any blocking measure shall be proportionate to the risk identified and limited to what is strictly necessary to protect the security of the payment instrument.
- We provide adequate, free‑of‑charge, 24/7 means for you to notify loss/theft/unauthorised use and will prevent any further use of the Card once notified. Upon request, we will provide evidence that your notification was made, for eighteen (18) months after it.
We may ask you to verify your identity and to provide information and/or written confirmation about the loss, theft or misuse. You must cooperate with our enquiries so that we can help you and take appropriate measures to protect you and the Service. We may also contact you if we detect or suspect fraud or security threats, so please keep your phone number and email address up to date in the SeQura App.
- By email: incidencias@tarjetasequra.es
- By phone: +34 931 82 88 25
- How we will contact you if there is a problem: In the event we suspect there is an issue with your Card (for example, such as fraud or security threats) we will contact you either by phone or by email. For this reason, you must maintain a current phone number and email address updated at all times in the SeQura App.
- Unauthorised or incorrectly executed transactions
- Our refund obligation for unauthorised payments: If an unauthorised card payment is executed, we will refund you immediately and, in any event, no later than by the end of the next Business Day after we became aware of or were notified of the transaction, and, where applicable, restore the debited account to the state it would have been in had the transaction not taken place. We may withhold the refund only where we have reasonable grounds to suspect fraud and we notify the competent authority in accordance with applicable law.
Where you deny having authorised a payment, we must prove that the transaction was authenticated, accurately recorded and not affected by a technical failure; mere recording of the instrument’s use is not sufficient to prove your authorisation or gross negligence.
- Your liability before notification: Before you notify us under Section 9, you may be liable for losses resulting from unauthorised use of the Card due to loss, theft or misappropriation of the payment instrument, up to a maximum of EUR 50. You will not bear this liability if it was not possible for you to detect the loss, theft or misappropriation before the payment, or if the loss was caused by our act or omission.
- No liability after notification and exceptions: You will not bear any losses for unauthorised transactions that occur after you have notified us under Section 9, unless you acted fraudulently or with gross negligence. Additionally, you will bear the following losses and you will not be entitled to a refund under this Section in the following cases and conditions:
(a) If your Card has been lost, stolen or misappropriated and there has been an unauthorized payment as a consequence of it, you will be liable up to a maximum of EUR 50, provided that you have not acted fraudulently or with intent or gross negligence and that you have notified us in accordance with clause 9. To avoid doubts, you will not be liable for any unauthorised payment transaction if the loss, theft or misappropriation was not detectable by you prior to the payment, or where the unauthorised transaction was caused by our acts or omissions or those of a third party acting on our behalf.
(b) if the payment transaction was unauthorized but you have acted fraudulently or failed, with intent or gross negligence, to comply with your obligations to use your Card on the terms of this Agreement, including the obligation to keep your security credentials safe. In such a case you shall be solely liable for all losses. We will treat any payment instruction given using your Card as evidence that you authorized the transaction or did not otherwise keep your security credential safe;
(c) You must notify us of any unauthorised or incorrectly executed transaction without undue delay and, in any event, no later than thirteen (13) months from the date of the payment transaction; or
(d) We may require you to provide information reasonably necessary to investigate the disputed transaction or your refund claim, and you agree to cooperate with our investigation.
- Time limits to claim: To obtain rectification, you must notify us of unauthorised or incorrectly executed transactions without undue delay after becoming aware of them and, in any event, no later than thirteen (13) months from the debit date, provided we have made the legally required information on the transaction available to you.
- Incorrect execution and non-execution: Where a Card payment that we are responsible for is not executed, is executed late or incorrectly, we will, without undue delay, trace the payment and correct any error, and where applicable restore the debited account to the state it would have been in had the defective payment not taken place. This is without prejudice to any other remedies provided by law.
- Cooperation: You must provide any information reasonably requested and cooperate with us and any competent authorities in investigating suspected fraud, unauthorised use or security breaches. We may request written confirmation and, where appropriate, a police report.
- Nothing in this clause limits your statutory rights under applicable payment services law.
- Refunds
- You may claim a refund for a transaction that you authorised provided that:
- your authorisation did not specify the exact amount when you consented to the transaction;
- you have authorised a payment transaction but did not know the exact amount of the transaction at the time of giving consent: you may request a refund provided that the amount of the transaction exceeds the amount you could reasonably have expected, taking into account your previous spending pattern, the conditions of this Agreement and the relevant circumstances of the case;
- you must requested the refund from us by contacting us within eight (8) weeks from the date the transaction that is the date on which the funds were debited.
- Within ten (10) Business Days of receiving your refund request, we will either refund the full amount of the payment transaction or provide a justified refusal explaining the reasons for denying the refund and informing you of your right to refer the matter to the competent authority or dispute resolution body.
In assessing whether the amount exceeded what you could reasonably have expected, we shall apply objective criteria and consider all relevant circumstances of the transaction.
We may request additional information reasonably necessary to assess your claim, and you agree to cooperate in good faith.
This right to refund shall not apply where:
- you gave your consent directly to Monavate; and
- information on the future payment transaction was provided or made available to you at least four (4) weeks before the due date.
The refund shall be equal to the amount of the relevant transaction. This does not affect your rights regarding unauthorised transactions, for which we will refund immediately and, in any event, no later than by the end of the next Business Day after becoming aware of or being notified of the transaction, as required by applicable law
- Term
This Agreement shall have an indefinite duration, with the contractual relationship commencing on the day Monavate confirms that your service has been approved and your Card has been activated, without prejudice to the expiry date state on the electronic Card issued or any other means of payment that Monavate makes available to you under the present Agreement.
- Termination of this Agreement
- Voluntary termination of this Agreement requested by the Cardholder - Closing your Card and ending this Agreement
You may close your Card and end this Agreement at any time, without prior notice, and free of charge. You only need to inform us at the time your request cancellation; you do not need to give us any prior notice. You can do this by accessing to your profile in the SeQura App, going to the Card Section and selecting “Cancel your Card” or by sending an email to the following address: info@monavate.com. In this case, we will comply with the order to terminate the Agreement within twenty-four (24) hours of receiving your request.
If you are unsure and do not want to cancel your Card, you may always deactivate you Card, temporarily, at any time, through the SeQura App.
- Voluntarily termination of this Agreement requested by Monavate
We may also terminate this Agreement, at our sole discretion, by giving you, at least, two (2) months’ notice, and without giving you any reason. Nothing in this clause limits our right to suspend or terminate immediately where permitted by applicable law (including in case of fraud, serious breach, security or regulatory requirements).
- Termination with cause
- Each Party may terminate this Agreement if the other Party fails to comply with the conditions governing it or fails to fulfill any obligation set forth in this Agreement and/or the SeQura Card Financial Services Terms. Accordingly, if SeQura informs us that you are not fulfilling your obligations under the SeQura Card Financial Services Terms, we may immediately terminate our relationship with you under this Agreement.
- We may terminate this Agreement immediately, without prior notice, if we have objectively justified reasons related to the security of the payment instrument, including your failure to provide requested documentation within the required period, suspected unauthorized or fraudulent use of the Card, any breach of this Agreement, or as required to comply with our legal obligations and exercise due diligence as an electronic money institution in relation to fraud prevention and other applicable regulations.
Termination of this Agreement by any of the reasons set forth under this Section, shall automatically result in the immediate termination of the SeQura Card Financing Services Terms, as the Financing Services are linked to payments made with your Card. Termination of the Financing Services shall be governed by the SeQura Card Financing Services Terms.
- Effects of termination where multiple Cards with us are in place
Unless expressly stated otherwise, each Card issuance Service you contract with us constitutes a separate and independent agreement. Accordingly, the termination or suspension of one Card issuance Service (but not all) will not, by itself, affect the continuity or validity of this Agreement in respect of any other Card issuance Services that remain active. For the avoidance of doubt, when the last remaining Card issuance Service is terminated, this Agreement shall be deemed terminated in its entirety.
Notwithstanding the foregoing, if you fail to pay any amounts due and payable to us under this Agreement, or if you are in default of amounts owed to seQura under the SeQura Card Financing Services Terms, we (and, where applicable, seQura) may immediately interrupt and suspend the provision of all Card issuance Services and/or financing services, in accordance with applicable law and the relevant terms.
Termination of any Card issuance Service takes immediate effect for that service and results in the automatic cessation of access and use of the corresponding card features. Termination of a Card issuance Service will not affect rights and obligations accrued up to the effective date of termination, including (without limitation) any fees and charges properly due for Services actually provided up to that date, which shall remain fully payable. We also reserve the right to claim any damages, losses or additional amounts that may be due under this Agreement or applicable law.
Any provisions of this Agreement which by their nature should survive termination shall continue in full force and effect after termination of the relevant Card issuance Service or of this Agreement, including but not limited to confidentiality, intellectual property, data protection, expenses, notices, governing law and jurisdiction, dispute resolution, limitation of liability, and set-off.
For clarity, the termination of any Card issuance Service under this Agreement is without prejudice to, and shall be coordinated with, the SeQura Card Financing Services Terms, which govern financing linked to card payments and will continue or cease as provided therein.
- Our right to suspend access to the Services and/or deactivate and close the Card
We may close your Card or otherwise temporarily suspend access to the Services as well as any means of payment associated with them, immediately, in the following circumstances:
- if we consider, acting reasonably, that you are behaving fraudulently or otherwise criminally;
- if you have not given us any information we have requested from you, or we have good reason to believe that information you have provided is incorrect or not true;
- if you have broken this Agreement in a serious or persistent way and you have refrained from putting the matter right within a reasonable time of us asking you to do so;
- if you have broken the SeQura Card Financing Services Terms in a serious or persistent way and you have refrained from putting the matter right within a reasonable time of SeQura asking you to do so;
- if there are objective and demonstrable security, fraud or regulatory compliance risks directly linked to your continued use of the Card;
- if we have asked you to repay money you owe us and/or SeQura and you have not done so within a reasonable period of time;
- if you have been declared bankrupt;
- if we reasonably consider it necessary to ensure the security of the Services; or
- if we have to do so under any law, regulation, court order or the BOL’s instructions.
We will inform you of the suspension and the reasons for it in a durable medium, unless doing so would compromise security or be unlawful.
When the cause that led us to the suspension has ceased, we will reactivate the Services within the period established in the regulations in accordance with the operational parameters.
Other than those reasons set out in this Section above, we may terminate this Agreement for any reason, at our discretion, by giving you two (2) months’ notice in the manner set out in Section 13.2.
- Our right to make changes to the Agreement
- We may amend this Agreement in accordance with applicable payment services regulations. (including amendments and additions to our fees). The updated version of the Agreement will always be communicated to you, in writing, by email to the corresponding email address provided for this purpose during the Card onboarding process and it will always be accessible to you on a durable medium through the SeQura App.
13.1.1. Changes that we may make immediately: In certain exceptional circumstances such as where:
- we have a reasonable belief that fraud is likely to or has occurred; or
- the amendments are made in order to comply with any regulation,
we may make such amendments immediately and notify you following such amendments.
13.1.2. Changes we may make upon notice to you: Other than for immediate changes as set out above, if we wish to make a change to this Agreement, we will provide you with, at least, two (2) months’ prior notice, by email, from the date of sending the corresponding communication, on a durable medium in the SeQura App. If you do not object before the effective date you will be deemed to have accepted the change.
- During the notice period, if you do not agree to the proposed changes, you may terminate this Agreement and cancel your Card immediately and at no cost. You must notify us in writing through the channels specified in this Agreement. Any objection to the new terms must be received before their effective date for them not to apply. Termination of the Financing Services is governed by the SeQura Card Financing Services Terms. If we do not receive your objection before the effective date, we will treat you as having accepted the changes as of that date.
- Liability
- We will not be liable for:
- Any fault or failure relating to the use of the Services that in a result of abnormal and unforeseeable circumstances beyond our control which would have been unavoidable despite all our efforts to the contrary, including but not limited to, a fault in o failure of data processing systems;
- The goods or services that you purchase with using the Services (unless otherwise agreed);
- Any loss of profits or any indirect loss, consequential damages, including but not limited to loss of profits, loss of business, loss of data, loss of use, regardless of whether such damages were foreseeable;
- A merchant refusing to honour a transaction or refusing a payment; or
- Any acts or omissions that are a consequence of our compliance with any applicable law which we are subject.
- Nothing in this Section limits our liability for unauthorised transactions, non-execution or defective execution of payment transactions as provided under applicable payment services law.
- Nothing in this Agreement limits any mandatory liability or your statutory rights under applicable payment services law.
- If we do not reasonably meet our commitments to you under the terms of this Agreement, we are only responsible for loss you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable.
- Nothing in this Agreement shall exclude or limit any regulatory responsibilities we have which we are not permitted to exclude or limit. We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
- If you have used the Services or allowed the Services to be used fraudulently, fraud or gross negligence as defined under applicable payment services law, in a manner that does not comply with this Agreement, for illegal purposes, or if you have allowed access to Services to be compromised due to your gross negligence, you will be held responsible for the use and misuse of the Services.
- The Card is a Mastercard Consumer debit product; accordingly, if you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Communicating with you
- How we will contact you: We may contact you by telephone, in writing, via SMS or email using the details that you have provided to us during your Card onboarding process through the SeQura App. You must keep your contact details in the SeQura App up to date, at all times.
- Information: Where we are required to provide information to you on a durable medium, we will do so by (i) sending you a copy of this Agreement by email once you complete onboarding; and (ii) keeping it available for download, unchanged, in your SeQura App personal area (durable medium). Any modification to this Agreement will be communicated to you by email and through the SeQura App. Please keep copies of information provided by us to you.
- Language: We will communicate with you in Spanish.
- Your right to receive a copy of this Agreement A copy of this Agreement will be always available in a form to download through the SeQura App. If you are unable to locate it in the SeQura App, please contact us as set forth in this Agreement.
- Data protection
The controller of your personal data is UAB Monavate (Monavate) as the issuer of the SeQura Card and the provider of the payment services associated with the SeQura Card. Likewise, SeQura Worldwide SA is the controller of your personal data as the holder of the financing associated with the payments you make with your Card. More information on the processing of your personal data by SeQura Worldwide SA can be found in the SeQura Card Terms & Conditions https://legal.SeQura.com/condiciones-contratacion and SeQura Privacy Policy https://legal.SeQura.com/politica-privacidad
Monavate will process your personal data for the following purposes: a) For payment processing. The legal basis for this process is the performance of the contract with Monavate. b) To comply with the legal obligations applicable to us, mainly in matters of prevention of money laundering and terrorism financing, scheme compliance as well as tax and accounting obligations. The legal basis for this processing is compliance with the associated legal obligations.
Monavate shares necessary data with payment processors, card Schemes (e.g., Mastercard), and other service providers acting on our behalf under appropriate data processing agreements. Where data is transferred outside the EEA, we implement valid safeguards. For information on how we use your personal data, please refer to our privacy notice. https://www.monavate.com/privacy-policy
Your personal data will be kept for the entire duration of the contractual relationship. Once it has ended, the data will be duly blocked for the legally established statute of limitation periods to address any potential liabilities arising from the processing. After these periods have elapsed, the data will be securely deleted.
You may exercise, where applicable, your rights of Access to your personal data, to request the Rectification of inaccurate data, to request the Erasure of your data when, among other reasons, they are no longer necessary for the purposes for which they were collected, to request the Restriction of processing of your data, in which case we will only keep them for the exercise or defense of claims, to Object to the processing of your data for purposes based on legitimate interest, and to request the Portability of your data to be transmitted to another controller. You can exercise these rights free of charge by sending a written communication to the postal address indicated in section 1, attaching a copy of your ID card or equivalent identification document.
If you consider that the processing of your personal data infringes data protection regulations, or that we have not duly satisfied the exercise of your rights, you have the right to file a complaint with the Lithuanian Control Authority (VDAI), through its electronic headquarters (https://vdai.lrv.lt/lt/) or at its postal address given UAB Monavate operates under the laws of Lithuania. However, this does not affect any mandatory consumer protection rights afforded to cardholders under the laws of their country of habitual residence, in accordance with Regulation (EC) No 593/2008 (Rome I). In addition, nothing in these terms restricts a cardholder’s right, under Regulation (EU) No 1215/2012 (Brussels Ia), to file a complaint in their home Member State. Therefore, if you are a Spanish resident and you consider that the processing of your personal data infringes applicable data protection laws, or that we have not duly addressed the exercise of your rights, you have the right to lodge a complaint with the Spanish Data Protection Authority (Agencia Española de Protección de Datos – AEPD) through its electronic headquarters (www.aepd.es) or at its postal address.
In compliance with current data protection regulations, Monavate has adopted the necessary technical and organizational security measures to guarantee the confidentiality and security of your data. For more information, please consult our Privacy Policy.
By entering into this Agreement, you acknowledge and agree that we may collect, process and store your personal information for the purposes of providing our Services to you. This does not affect any rights and obligations you or we have under data protection law.
- Third party access
You may instruct a third-party provider (“TPP”) to access information in your secure personal log in area of our website (“online account”), provided such TPP is appropriately authorised by the Bank of Lithuania (BOL). Some TPPs may (with your permission) choose to access your online account without identifying themselves to us and to use the security credentials you use to access your online account. We will treat any instruction from a TPP as if it was from you. You should always consider the implications of sharing your security credentials and personal information.
We may deny TPP access to your online account if we are concerned about unauthorised or fraudulent access by that TPP setting out the reason for such denial. Before doing so, we will tell you that we intend to deny access and give our reasons for doing so, unless it is not reasonably practicable, in which case we will immediately inform you afterwards. In either case, we will tell you in the manner in which we consider most appropriate in the circumstances. We will not tell you if, doing so would compromise our security measures or would otherwise be unlawful.
If you have provided consent to a TPP to access to your online account to enable them to provide payment services on your behalf, you consent to us sharing your information with the TPP as is reasonably required for them to provide the relevant services to you. You must let us know if you withdraw this permission and we recommend you let the TPP know. On notification from you, we will not provide such TPP access to your online account.
- Other legal terms
- Taxes. You are responsible for your own taxes and reporting.
You are responsible for managing your tax affairs. You should ensure you comply with all tax declarations and reporting obligations regarding your Card. If you are paying us interest or fees, you must comply with any applicable tax laws or treaties, including withholding obligations if legally required.
- Assignment. We may transfer this Agreement to someone else.
We may assign or otherwise transfer any of our rights and obligations under the Agreement, without your prior consent, to any other person or business, subject to such party continuing the obligations in the Agreement to you.
- Third parties
This Agreement is between you and us only. Except for any party to whom we transfer this Agreement (under Section 20.2), nothing in the Agreement gives any third party any benefit or right (including any enforcement right).
- Our right to set-off
To the extent permitted by law, we may set off any amounts you owe us under this Agreement against any amounts we owe you or that are otherwise payable to you by us, including any refunds, chargeback credits or other payments processed or held by us in connection with your Card. For clarity, as no balance or stored funds are held on the Card, our set-off right applies to amounts otherwise payable to you in the ordinary operation of the Services (e.g., refunds/chargeback credits), not to a wallet or account balance. Where we receive a lawful instruction from seQura, or where you owe seQura amounts under the SeQura Card Financing Services Terms, we may withhold and apply such payable amounts on seQura’s behalf in settlement of those due sums, in accordance with applicable law and scheme rules. The exercise of set-off shall not prevent us from pursuing any other remedies available to us. This Agreement is governed by Spanish law and this clause shall be interpreted and enforced accordingly.
- Entire Agreement
This Agreement constitutes the entire Agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.
- Waiver
You agree that if we do not exercise or enforce any legal right or remedy any that is contained in the Agreement or any that we have the benefit of under any applicable law, this will not constitute a waiver of our rights and that those rights or remedies will still be available to us.
- Severance
If any part of this Agreement is unenforceable, unlawful or avoid any relevant jurisdiction, then that part will be separated from the rest of the Agreement. The remainder of this Agreement will continue to be valid and enforceable.
- Law governing this Agreement and jurisdiction
These Cardholder Terms and Conditions are governed by the laws of the Republic of Lithuania, consistent with UAB Monavate’s regulatory authorisation as a Lithuanian electronic money institution. This choice of law does not affect any mandatory consumer protection rights afforded to cardholders under the laws of Spain, as the country of their habitual residence, in accordance with Regulation (EC) No 593/2008 (Rome I). In addition, nothing in these Terms limits the cardholder’s right, under Regulation (EU) No 1215/2012 (Brussels Ia), to bring proceedings before the courts of Spain.
- Dispute resolution
If you are not satisfied with the Services you receive from us you should contact us (see Section 2 above).
Correspondence may be monitored or recorded. Our complaints procedure is available on our website or upon requesting from us and, if we receive a complaint from you, a copy of our complaints procedure will automatically be sent to you.
We will provide you a full response to your complaint by email within fifteen (15) Business Days after the date we receive your complaint. In exceptional circumstances where we are unable to respond in full to your complaint, we will inform you of this giving our reasons for the delay and the timeframe within which you will receive a full reply, which in any event shall be within thirty-five (35) Business Days of the date we received your complaint. If you are not happy with our response you shall raise your complaint with Monavate.
Following a response from Monavate, if you are still not satisfied with the resolution offered to you, you may escalate to the Bank of Lithuania for the settlement of a dispute with us, which is an alternative dispute resolution institution between financial service providers and the Consumers in accordance with the following terms and procedures: (i) before applying to the Bank of Lithuania for dispute settlement, you must apply to us, specifying the circumstances of the dispute and your claim. You shall apply to us no later than within three (3) months from the day when you became aware of the issue. Nothing in this clause limits your rights under applicable payment services regulations; (ii) in the event where our reply does not satisfy you or you have not received our reply as outlined above, you shall have the right to apply to the Bank of Lithuania for the dispute settlement within one (1) year after we have been contacted. Applications to the Bank of Lithuania must comply with the procedural rules and time limits established by the Bank of Lithuania. This does not affect your right to bring proceedings before competent courts.
You may apply to the Bank of Lithuania for a dispute with us:
- via the electronic dispute settlement tool "E-Government Gateway";
- by filling in the Consumer Application Form available on the website of the Bank of Lithuania and sending it to the Bank of Lithuania Supervision Service at Žalgirio str. 90, LT-09303, Vilnius, Lithuania, or by e-mail pt@lb.lt;
- by filling in the free form application and sending it to the Bank of Lithuania Supervision Service at Žalgirio g. 90, LT-09303, Vilnius, Republic of Lithuania, or by e-mail pt@lb.lt.
More information on the dispute settlement procedure is available on the website of the Bank of Lithuania: https://www.lb.lt/en/dbc-settle-a-dispute-with-a-financial-service-provider.
When you consider that we have violated the legislation regulating the financial market, you have the right to file a complaint with the Bank of Lithuania regarding possible violations of financial market legislation. Your complaint to the Bank of Lithuania can be submitted as follows:
- in writing, by sending a complaint to the address: Totorių str. 4, LT-01121, Vilnius, Republic of Lithuania or Žalgirio str. 90, LT-09303, Vilnius, Republic of Lithuania;
- by e-mail: info@lb.lt or pt@lb.lt;
- by fax (8 5) 268 0038;
- by filling in the online form at the designated Section of the Bank of Lithuania website;
- by other means specified by the Bank of Lithuania.
In case a dispute cannot be resolved through negotiations, the dispute may be solved in the courts of the Republic of Lithuania in accordance with the procedure set forth by the laws of the Republic of Lithuania.
If you are a consumer resident in Spain, you may also submit your complaint to the Bank of Spain (Banco de España), which is the competent authority for handling consumer complaints in Spain in relation to payment services provided under passporting arrangements.
More information on the website of the Bank of Spain: https://clientebancario.bde.es/pcb/en/menu-horizontal/podemosayudarte/consultasreclama/comorealizarrecl
Nothing in this clause limits your right to bring proceedings before the competent courts of your domicile in accordance with applicable consumer protection rules.
Schedule 8.1
Fees and Charges Tariff
Transaction Fees
The Card may only be used to process payments within the Territory and in Euro currency. All payments using your Card are in EUR. Payments in any other currency shall be automatically rejected. No foreign exchange fee (FX Fee) apply.
3D Secure Fees
3DS transactions
Additional fee on 3DS transactions
free
App Services Fees
Web service fees
Activation
free
Obtain your balance
free
Obtain details of your transactions
free
Block or unblock your Card
free
Declare your card lost or stolen
free
Chargeback Fees
Refund handling fee
Fee applicable only if chargeback/refund request is not valid.
free
Chargeback fee
If a chargeback claim is unsuccessful due to the customer not providing sufficient information or documentation, we reserve the right to pass on the associated cost to the customer.
EUR 25 (*)
Arbitration fee
Fee applied by the Card Scheme when a chargeback dispute is escalated to arbitration. Applicable only if the dispute is taken to this second stage.
Free of charge up to a maximum of €100; any excess scheme fee will be charged and passed through to the Cardholder (*)
(*) We will only pass through Card Scheme fees to you where the scheme imposes the fee and the cost is attributable to missing information/documents you were requested to provide. To open a chargeback please contact customer support.