Terms and Conditions - Virtual Payment Card Nais

1. GENERAL PROVISIONS

1. These Terms and Conditions define the terms and conditions of use of the Virtual Payment Card made available to the User of the Nais Platform.
2. Nais as the Cardholder obliges the Cardholder to act in accordance with these Terms and Conditions.
3. Before using the Virtual Payment Card, the User is obliged to read the Terms and Conditions.
4. To the extent not regulated by these Terms and Conditions regarding the use of the Application (Nais Platform), the provisions of the General Terms of Use – User Terms and Conditions document available on the websites at the electronic address https://www.nais.co/ shall apply.
5. Terms used in these Terms and Conditions that are not defined herein shall have the meaning given to them in the General Terms of Use – User Terms and Conditions. In the event of any discrepancy in interpretation, the definitions contained in these Terms and Conditions shall prevail.

2. DEFINITIONS

3D Secure Service – a service that allows you to make Transactions without physically presenting the Card, using authentication.

Access Device – devices capable of connecting to the Internet, through which the offered services provided by electronic means are connected and used.

Applicable Law – legal provisions applicable to the activities of the Service Provider, Partner and National Payment Institution.

Application – an application on the basis of which a Virtual Payment Card may be lent to the User regarding the Card lending offer.

ATM – a device enabling cash withdrawals or additionally performing other Operations, which are allowed to be performed by the functionality of the device and the Card.

Available Funds, Limit – the value of available funds assigned to the Card.

Card Account – a payment account maintained by a Payment Institution, used to settle transactions made with the use of the Card, commissions, fees and interest due related to transactions and operations performed with the use of the Card.

Card Blocking – temporary inhibition of Transactions and other Operations using the Card.

Card Cancellation – permanent prevention of Transactions and other Operations with the use of the Card.

Card Data – data concerning the Card in the scope of Card Number, Expiry Date, CVV/CVC2 Code.

Card Number (Primary Account Number, PAN) – a number identifying the Card.

Card User Data – data concerning the User in the scope of name, surname, e-mail address, mobile phone number.

Card Verification Code (CVV Code, CVC Code) – a code used to authorise Transactions or Operations carried out with the use of the Card.

Cash – funds accumulated on the Card Account in a specific currency.

Contactless Transaction – a Transaction made via a solution associated with the Card enabling contactless Transactions in the form of an application installed on a Mobile Device using NFC technology.

Digital Wallet – an application installed on a Mobile Device, enabling the submission of instructions for payment transactions with the use of a virtual Payment Card specified by the device.

Distance Transaction – a Transaction made remotely without physical presentation of the Card, carried out by means of communication, including means of distance communication, including means of electronic communication.

Foreign Exchange Transaction – a transaction made in a currency other than the Polish zloty.

Internet Transaction – a distance transaction carried out via the Internet, on websites.

Lending Period – a date specified in the format day.month.year (DD.MM.YYYY) defining the time for which the Card is made available to the User. Information about the Lending Period can be found on the Nais Platform and the Partner's Platform.

MCC (Merchant Category Code) – a designation assigned to a Merchant that defines the industry (category) of the predominant activity.

Merchant – an entrepreneur who accepts payment using the Card, whose place of business is marked with the logo of the Payment Organization under which the Card is issued.

Mobile Device – a multifunctional mobile device with Internet access, combining the functions of a computer and/or a mobile phone.

Nais Platform (Application) – software enabling the Service Provider to provide the Service, intended for (i) Users in order to use the functions of the Application, (ii) Partners in order to confirm the rights of Program Participants and Program Organizers to purchase services or goods from Partners and (iii) Program Organizers in order to create Programs, register Program Participants and administer some of their rights as part of the Application functions and use other functions supporting the business processes of the Program Organizers. The Application is available to people who have the ability to connect to the Internet using Access Devices. Detailed functions of the Application are specified in the instructions for Program Participants, Program Organizers and Partners available on the www.nais.co website or directly in the Application. The Service Provider reserves the right to change the Application or its individual functions (including the domain under which it is available) at any time, in particular for the purpose of its further development and improvement.

National Payment Institution – Quicko, a limited liability company based in Tarnowskie Góry, Sienkiewicza 49, 42-600 Tarnowskie Góry, Poland, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court in Gliwice, X Commercial Division of the National Court Register under KRS number: 350151, NIP 5213540295, REGON 142004870, entered into the Register of the Polish Financial Supervision Authority under number IP52/2021.

Non-Cash Transaction – a Transaction carried out at the Merchant's point of sale, including a Distance Transaction, the use of another service debited from the Card Account.

Operation – any operation other than a Transaction performed with the use of the Card.

Partner – Sparados joint stock company based in Lublin, Rusałka 17A, 20-103 Lublin, Poland, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Lublin-Wschód in Lublin, VI Commercial Division of the National Court Register under KRS number: 0000985680, NIP: 9462719635, REGON: 522752701.

Partner Platform – software independent of the Application, enabling the User to access Card Data, made available by the Partner on the Internet at https://karta.nais.pl address on the terms specified by the Partner, constituting a separate service independent of the Service Provider.

Payment Card – a debit card issued to Nais by a National Payment Institution.

Payment Card Issuer – a National Payment Institution maintaining a Card Account.

Payment Gateway – an IT solution enabling the Card User to execute Transactions, including concluding an agreement with the Payment Operator.

Payment Operator – an entity operating the IT system enabling the execution of Transactions.

Payment Organization – a card organization whose members are financial institutions that create a system for settling transactions made with the use of payment cards, including Visa and Mastercard.

Programme Organiser – an entity using the functions of the Application intended for programme organisers aimed at building commitment and a good atmosphere of cooperation (e.g. employers organising and managing programmes for their employees, associates and key business partners), including m.in. by transferring funds to the Service Provider as a trustee, as part of the Programme, in order to enable Programme Participants to take advantage of them,  but only at the time and in order to purchase services or goods from the Partners selected by the Programme Participant, subject to the restrictions that may be imposed by the Programme Organiser on the possible use of these funds. The Programme Organiser may use the Application in such a way that it will create a programme to which it will invite other co-organisers of the programme.

Service – a service related to the use of the Card by the User, provided to the User by the Service Provider, in its own name and on its own account.

Service Provider – Nais limited liability company, with its registered office in Gdańsk, 34B Piecewska Street, 80-288 Gdańsk, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Commercial Division of the National Court Register under the number 805510, NIP 8133823213, REGON 384446468.

Subscription Fee – a fee paid by the User in connection with the use of the Service, determined in accordance with the applicable Table of Fees and Commissions.

Subscription Period – the period for which the Service is made available to the User on the basis of the Subscription Fee. The Subscription Period is 1 (one) calendar month.

Supervisory Authority - Polish Financial Supervision Authority or other public administration body operating in a member state of the European Union/European Economic Area supervising the activities of payment institutions.

Table of Fees and Commissions – information on the amount of fees related to the use of the Service. The Table of Fees and Commissions is available on the Terms and Conditions page.

Terms and Conditions – these terms and conditions of the Nais Virtual Payment Card.

Token – a digital equivalent of a Payment Card saved in the form of a sequence of digits, stored in the memory of a Mobile Device.

Transaction – deposit, transfer or withdrawal of funds made available within the available Card Limit.

User, Card User – a natural person authorised by the Cardholder to make Transactions and Operations using the Card.

Validity Period – a date specified in the month/year format (MM/YY) defining the time for which the Card can be used to make Transactions. Information about the Expiry Date can be found on the Nais Platform and in the Partner's Platform.

Virtual Payment Card (Card, Virtual Payment Card Nais) – a Payment Card enabling the execution of Transactions up to the available Limit, issued in the Mastercard system in the form of a virtual Card, with the possibility of saving in the Digital Wallet installed on the Mobile Device, issued to Nais by the National Payment Institution (Quicko).

3. SCOPE OF SERVICES

1. In connection with the User's use of the Application, the Service Provider provides the User with the service of lending a Virtual Payment Card in order to enable the execution of instructions regarding the funds available under the Programme on the terms specified by the Programme Organiser.
2. The use of the Services offered by the Service Provider by the User may involve incurring fees depending on the manner and scope of the Services provided. Information on the rules of charging fees is specified in these Terms and Conditions and in section 4.8. (Fees and Commissions).

4. TERMS OF SERVICE

4.1. PERIOD OF PROVISION OF SERVICES

1. The Service is provided from the moment of creating a User Account in the Partner's Platform until the end of the Card Lending Period or the Card Validity Period.
2. The Card Lending Period may be shortened to the current Subscription Period in the event of failure to pay the Subscription Fee for the next Subscription Period or until the end of the provision of the User Account service on the Nais Platform.
3. The Card Lending Period may be automatically extended by another Card Lending Period in the event of topping up or increasing the Limit of funds available on the Card.
4. The Card lending period may be shortened in the event of a change in the Applicable Law, the practice of the Supervisory Authorities, the regulations of the Payment Organization preventing or significantly hindering the provision of the Service.

4.2. VIRTUAL PAYMENT CARD

1. A card issued to Nais by the National Payment Institution which enables Transactions, including Non-Cash Transactions, Internet Transactions, Distance Transactions, Foreign Exchange Transactions, Proximity Transactions carried out by means of distance communication, means of electronic communication, with the possibility of using an Access Device, including a Mobile Device.
2. The Card may be available on the Access Device, Mobile Device used by the Card User as part of the available Digital Wallet.
3. The Digital Wallet Provider may use different methods to confirm Transactions, which the User accepts in accordance with the requirements of the relevant Digital Wallet application.
4. Depending on the type of Card and the available Offer, the Card has a specific Validity Period and Lending Period.
5. The Lending Period may change depending on the terms and conditions of the Service, in particular in connection with the crediting of the Card with cash.
6. The Cardholder, the Partner, the National Payment Institution and the Bank shall not be liable for Transactions made with the use of the Card by a third party who has gained access to a Mobile Device with the Digital Wallet installed and the Card added or has gained access to the Card Data.

4.3. LENDING THE CARD

1. The Card is lent to the User on the basis of an Application.
2. The Application for lending the Card is submitted in the manner indicated by the Service Provider by selecting the appropriate Offer.
3. An application for lending the Card may be submitted by the User on their own or by the Programme Organiser.
4. The User submitting the Application is obliged to confirm the correctness of the data in the following areas: name, surname, e-mail address and mobile phone number.
5. Depending on the configuration of the Card or the Card Offer presented in the Application, the User may be required at the time of submitting the Application to indicate or select the value of cash that will be available within the granted Cash Limit at the time of Card activation.
6. In justified cases, Nais, the Partner or the National Payment Institution may require the User to carry out additional verification in accordance with the information indicated in section 4.5 (USER VERIFICATION).
7. The execution of the application or lending the Card may be temporarily suspended or rejected in the event of inconsistency of the User's data, violation of the Terms and Conditions, negative verification of the User or insufficient amount of funds necessary to lend the Card available to the User in the Application.
8. Depending on the type of Card, the funds necessary to increase the Card Limit will be taken from the appropriate budget (type) of funds available to the User in the Application.
9. The Card is lending with additional fees in accordance with the information indicated in clause 4.8 (FEES AND COMMISSIONS).

4.4. CARD ACTIVATION

1. The Card is activated automatically after the correct registration of the User Account in the Partner Platform or the correct verification of the User Account in the Partner Platform if such an Account was created before submitting the Application for Card lending.
2. The User's registration in the Partner's Platform takes place on the basis of an e-mail message sent to the User to the e-mail address indicated by the User at the time of selecting the Offer.
3. When registering a User Account on the Partner Platform, the User is obliged to verify the correctness of data in the scope of name, surname, e-mail address, telephone number; acceptance or confirmation of the relevant fields of the form – including the necessary statements or regulations.
4. Completion of the registration process for a User Account on the Partner's Platform requires the confirmation code received in the email.

4.5. USER VERIFICATION

1. In cases justified by law or security requirements, Nais, the Partner or the National Payment Institution may require the User to perform additional data verification, including identity verification.
2. Additional data verification, including identity verification, may be carried out by means of electronic communication using e-mails, text messages, push messages or functionalities available on the Nais Platform and banking systems and other available means guaranteeing security, integrity, correctness, as well as accountability of data and process.
3. Additional data verification, including identity verification, can be carried out with the help of dedicated identity verification services.
4. User verification may be carried out with additional fees in accordance with the information indicated in section 4.8 (FEES AND COMMISSIONS).

4.6. USE OF THE CARD

1. Information about the Cards lent, including Card Data, Card User Data, Limit, Expiry Date, Date of Borrowing, Transaction History is available in the Partner's Platform and to a limited extent in the Nais Platform.
2. The Card User may only be the User of the Nais Platform to whom the Card has been lent in accordance with the submitted Application.
3. Payment Transactions made with the Card may be carried out via the Mobile Device after adding the Card to the Digital Wallet or by providing the Card Data in the payment process carried out via the Payment Gateway.
4. Payment Transactions made with the Card may be carried out directly at points of the Mastercard payment card Merchants network equipped with a payment card terminal.
5. Depending on the type of Card, the execution of Payment Transactions may be limited to Merchant networks located in specific locations or with a specific MCC Code or otherwise segregated.
6. Information about restrictions related to the execution of Payment Transactions is available in the description of the Card Offer, the description of the Card and other applicable documents indicated by Nais.
7. Payment Transactions carried out with the use of the Card may be made only up to the available Limit, taking into account additional fees in accordance with the information indicated in point 9 (FEES AND COMMISSIONS).
8. The use of the Card by the User may be carried out taking into account additional fees in accordance with the information indicated in section 9 (Fees and Commissions).
9. Accounting documents (accounting documents) related to the use of the Card are made available to the User in the Application.
10. The User is obliged to use the Available Funds until the end of the Lending Period. After the end of the Lending Period, the Service Provider, the Payment Institution or the Bank shall not refund the unused funds.

4.7. BLOCKING THE CARD AND BLOCKING THE CARD

1. In the event of loss of the Card, Card data, Access Device or Mobile Device on which a valid Card is stored, the Card User is obliged to immediately block the Card in the Partner's Platform or submit a notification to Block the Card or Block the Card.
2. In the event of loss of the Cardholder's credentials in the Partner's Platform where a valid Card is stored, the Cardholder is obliged to immediately submit a Notification in order to Block the Card or Block the Card.
3. If there is not enough cash available within the Limit necessary to pay the fee for making the Card available on the day when the fee is due, the Card may be automatically Blocked and Blocked.

4.8. FEES AND CHARGES

1. The fee for lending, using, topping up the Card with cash and other indicated operational activities may be automatically deducted from the funds available within the Overdraft or available within the balance of the User Account of the Application or the Programme Organiser in accordance with the rules set out in the Table of Fees.
2. The amount of fees, the cycle of charging fees, the moment when the fee is due and other parameters related to fees may depend on the type and purpose of the Card and the Promotions offered.
3. The Subscription Fee for the first Subscription Period, for each Card, is automatically deducted from the balance of the User's funds available on the Card at the time of accepting the Card purchase order.
4. The Subscription Fee for subsequent Subscription Periods, for each Card, is automatically deducted on the last day of the Subscription Period from the balance of the Card User's funds available on the Card.

5. TECHNICAL CONDITIONS AND SAFETY

1. The minimum technical requirements necessary to use the Card are: an active User Account of the Nais Platform, an active User Account of the Partner's Platform, access to the Access Device and access to the Internet.
2. The Service Provider does not guarantee uninterrupted availability of the services provided.
3. The Service Provider ensures the protection of data transmission, in particular against access by unauthorized persons, through the use of technical and organizational measures such as, among others, encryption of data transmission on the Internet and restriction of access to ICT infrastructure components used in data transmission.
4. The use of the Internet and services provided by electronic means is associated with risk and may threaten, among others: access to the User's data, including personal data, by unauthorized persons and entities, or infection of the User's ICT system or device with malware. In order to minimize the risk, the User should use available technical and organizational measures, such as: using a complex password, periodically changing the password, not logging in to the User Account of the Application and the Partner Platform when using a public Wi-Fi network, using up-to-date software, using antivirus programs, using tools protecting the User's identification, using secure telecommunications networks and other available security measures.
5. The Service Provider encourages Users to consciously use Access Devices, including ensuring that the antivirus software installed on them is up-to-date.
6. The Service Provider shall not be liable for any damage to the Access Devices or the software contained thereon and for the loss of the User's data on the Access Device as a result of the use of the Nais Platform, the Partner's Platform and the Card, except in a situation where such damage occurs due to the sole fault of the Service Provider or the Partner.

6. SERVICE PROVIDER'S LIABILITY TO YOU

1. The Service Provider shall not be liable for any damage not attributable to the Service suffered by the Card User or third parties as a result of using the Service, as well as for damage suffered by the User or third parties in connection with their violation of the applicable Terms and Conditions.
2. The Service Provider shall not be liable for any damage resulting from the use or inability to use the Service, lost profits of the Card User, damage resulting from the loss or modification of the User's data or any other damage resulting from failure to comply with the provisions of the Terms and Conditions.
3. The Service Provider's liability towards the Card User (regardless of the basis for its occurrence) is always limited to the value of the actual damage.
4. The Service Provider informs about the code of good practice referred to in Article 2 point 5 of the Act of 23 August 2007 on counteracting unfair market practices, contained in the content of this Act, which can be read on the website of the https://isap.sejm.gov.pl/.

7. OBLIGATIONS OF THE USER

1. The Card User is obliged to use the Card in accordance with the provisions of these Terms and Conditions.
2. The Card User is obliged to ensure the confidentiality of the Card data, in particular to securely store and not to disclose the Card Number, CVC/CVC2 Code, Card Expiry Date to persons who are not authorised to receive them.
3. The Card User is obliged to secure access to the Partner's Platform, the Access Device, including the Mobile Device on which the Card Data is stored.
4. The Card User is obliged to ensure the confidentiality of data enabling access to the Partner's Platform and the Access Device, including the Mobile Device on which the Card Data is stored.
5. The Card User is obliged to immediately report any unauthorized transactions, loss of Card Data, loss of data enabling access to the Partner's Platform and other events that may affect the ability to use the Card in the mode described in point 9 (COMPLAINTS).

8. PROTECTION OF PERSONAL DATA

1. The Service Provider and the Card User are obliged to comply with the provisions of the Applicable Law, in particular the Data Protection Law.
2. The Service Provider ensures proper protection of the Card User's personal data. Any personal data provided by the User will be collected, stored and processed in accordance with the principles of Data Protection Law.
3. The rules for the processing of personal data, including the procedure for exercising the fundamental rights of data subjects, have been set out in the Privacy Policy, the relevant Information Clause applicable to the Card User and other legal documents, in particular the terms and conditions applicable to the services provided within the Nais Platform.

9. COMPLAINTS

1. Complaints and other Notifications regarding the use of the Card and the Transactions performed should be submitted immediately by e-mail sent to the address of support@nais.co or dedicated functionalities available in the Nais Platform and the Partner's Platform.
2. A properly submitted complaint should contain at least the following data:
   
   (a) name, surname, e-mail address of the Card User, mobile phone number of the Card User;
   
   (b) precise specification of the subject of the complaint along with the justification of the claim.
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3. The complaint will be considered by the Service Provider within a period not exceeding 14 business days from the date of receipt of the notification.
4. A response to the complaint will be provided by the same means of communication by which the complaint was submitted.
5. In the case of a response to the complaint in writing, the date of consideration of the complaint is the date of sending the parcel with the response to the complaint to the address of the Card User.
6. The Card User may request assistance in the matter covered by the Complaint to the Municipal or District Consumer Ombudsman or use the out-of-court method of handling complaints and pursuing claims conducted by provincial inspectors of trade inspection or before permanent consumer arbitration courts at provincial inspectors of trade inspection. Detailed information with address details is available on the websites of the institutions mentioned.
7. The Card User has the right to use the ODR platform, available at the following address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show, used for out-of-court settlement of disputes regarding contractual obligations arising from contracts for products or services that the Service Provider offers through its websites or other electronic means, and the consumer orders such products or services using these websites or other means Electronic.

10. CORRESPONDENCE AND COMMUNICATION

1. Unless the provisions of these Terms and Conditions provide otherwise, the Card User may contact the Service Provider:
   
   (a) electronically, by exchanging e-mails sent to the support@nais.co address.
   
   (b) electronically, through the exchange of messages via a communicator (chat) available on the Service Provider's websites and the Application.
   
   (c) in writing, by sending correspondence to the address of the Service Provider's registered office.
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2. The basic language in which communication and correspondence with the Card User is conducted is Polish.

11. CHANGE OF TERMS AND CONDITIONS

1. Amendment of the Terms and Conditions, including unilateral change of the Terms and Conditions, is possible on the terms described in these Terms and Conditions.
2. The Terms and Conditions may be amended in the event of:
   
   (a) changes in the Applicable Law, in order to adapt the Terms and Conditions to the changed provisions of law;
   
   (b) changes in the functionality of the Application in order to adapt the Terms and Conditions to the changed functionalities;
   
   (c) changes related to the manner of providing the Service, in particular technical and organizational changes related to the implementation of processes and IT systems that have a material impact on the provision of the Service.
   
   (d) the introduction of organisational or technological changes by the Bank, the Payment Institution or the Partner aimed at optimising or increasing the efficiency of the Card User service process and affecting the rights and obligations of the Card Holder, the Cardholder, the Payment Institution or the Partner.
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3. The Terms and Conditions shall be amended in each case upon notification to the Card Users, made at least 14 days prior to the date of entry into force of the amended Terms and Conditions.
4. If the Card User does not accept the changes to the Terms and Conditions, the Card User is entitled to terminate the Agreement for the provision of the Services indicated in the Terms and Conditions within 14 days from the date of receipt of notification of the changes.

12. FINAL PROVISIONS

1. To the extent not regulated by the Terms and Conditions, the provisions of the Applicable Law shall apply.
2. Recognition of individual provisions of these Terms and Conditions as invalid or ineffective in the manner provided for by law does not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. The invalid provision will be replaced by the rule that comes closest to the purposes of the invalid provision and these Terms and Conditions as a whole.
3. The Service Provider provides the Card User with permanent, free access to the content of the Terms and Conditions in a way that allows them to be preserved and reproduced multiple times in the ordinary course of activities.
4. The Terms and Conditions enter into force on 2024-08-01.

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