1. Definitions

ATM
means an automated teller machine.

Available Funds
means the monetary value loaded on the Gift Card by the Purchaser, less any transactions, fees and charges that may occur from time to time.

Cardholder
means (i) the individual in whose name a Gift Card has been issued; and (ii) any individual who possesses and uses a Gift Card and whose signature appears on the Gift Card as an authorised signatory.

Card Programme
means the Gift Card related services marketed and made available to You, subject to the terms and conditions of this Cardholder Agreement.

Cheque Guarantee Card
means a card issued by a bank, building society or other financial institution for the purposes of guaranteeing settlement of cheques to third parties or supporting the encashment of cheques at financial institutions up to a specified value.

Credit Card
means any card which is linked to a designated account and which enables the holder to purchase goods and services on credit.

Debit Card
means any card which enables the holder to purchase goods and services by authorising an electronic debit from a designated account.

Electronic Money
Means a surrogate for coins and cash intended for making payments of limited amounts.

Expiry Date
means a date twelve (12) months from date of purchase of the Gift Card.

Gift Card
means the Prepaid Gift Card which is sold at Eyre Square Centre.

Gift Card Number
means the number printed on the front of the Gift Card.

Issuer or Us
means Newcastle Building Society, the issuer and owner of the Gift Card.

Eyre Square Centre
means the Eyre Square Centre at Eyre Square, Galway, Ireland.

MasterCard
means MasterCard International Incorporated.

POS Equipment
means a terminal or other point-of-sale device of a Retail Merchant that is used to process a Transaction.

Payzone
means Payzone Group, administrator of the Card Programme on behalf of the Issuer & supplier of technology systems to operate the Gift Card.

Prepaid Gift Card
means a card to which the purchaser decides the amount of Available Funds credited and stored to pay for Transactions.

Purchaser
means the person who purchased the Gift Card.

Retail Merchant
means a retailer which sells goods and services and accepts MasterCard cards as a means of payment.

Transaction
means any purchase made by a Cardholder for goods and/or services at a Retail Merchant using the Gift Card, which is either authorised or denied by Us.

Unattended Payment Terminal
means a processing environment where the Gift Card is not physically presented to a Retail Merchant by the Cardholder as the form of payment at the time of sale.

Unclaimed Funds
means the monetary value of funds that are loaded onto the Gift Card and which have not been spent before the Expiry Date.

Us, We and Our
means either the Issuer or Payzone or both.

You and Your
means the Cardholder.

Eyre Square Centre or Two Towers Management company
means Eyre Square Centre or Two Towers Management company

Website
means www.eyresquarecentre.com

2. Introduction

This Agreement governs the use of Your Eyre Square Centre Prepaid MasterCard Gift Card. The Gift Card is not a Credit Card, Debit Card, or Cheque Guarantee Card.The Gift Card is a Prepaid Gift Card and an electronic money device. The Gift Card is issued by Newcastle Building Society, Portland House, New Bridge Street, Newcastle Upon Tyne, Tyne and Wear, NE1 8AL, England which is authorised and regulated by the Financial Services Authority (under number 156058) as a building society and issuer of e-money, pursuant to a licence from MasterCard.

The signature strip on the reverse of the Gift Card must be signed by the Cardholder before it is used for a Transaction. By signing or by using the Gift Card to make a Transaction, You accept and agree to abide by all the terms and conditions of this Cardholder Agreement. The Gift Card will not be valid unless signed. The Gift Card may not be exchanged for credit.

The Purchaser must instruct the Cardholder on how to use the Gift Card and also inform them of the terms of this Cardholder Agreement.

The Gift Card is a Prepaid Gift Card that can be used for retail shopping wherever the MasterCard acceptance mark is displayed subject to the terms of this Cardholder Agreement. The Gift Card cannot be used at ATMs, for internet, telephone order or mail order transactions or at Unattended Payment Terminals. Interest, dividends or other earnings or returns will not be paid for the Available Funds loaded onto the Gift Card. There is no Credit Card, credit line, overdraft protection, or deposit account associated with the Gift Card. No PIN (Personal Identification Number) will be issued with the Gift Card. The Available Funds are not stored on the Gift Card itself; instead, they are stored on a computer system. A minimum value of €10 and a maximum value of €1,500 may be loaded onto the Gift Card. Fees apply to the use of the Gift Card as outlined in section 15 of this Cardholder Agreement.

3. Use of The Gift Card

Once the Available Funds of the Gift Card are fully used, the Gift Card will no longer be usable for any Transactions. The money paid by the Purchaser is not a deposit and does not establish a separate individual account with the Issuer. You cannot link the Gift Card to any bank, deposit or credit account which you may have at any financial institution. The Gift Card cannot be reloaded with additional Available Funds and is to be disposed of when all Available Funds have been used. This card is like cash and should be treated like cash.

When the Gift Card’s Available Funds have been used, destroy the Gift Card by cutting it in half through both the magnetic stripe and the Gift Card number. Each Gift Card is owned and issued by the Issuer and remains its property. You must surrender the Gift Card to the Issuer, or its agent upon their request.

4. Valuation, Expiration or Termination of Your Gift Card

At the time of purchase, the Gift Card can be loaded with Available Funds of between €10 and €1,500. The Available Funds accessible by the Gift Card cannot be redeemed or used by You, except under the terms of this Cardholder Agreement. The Gift Card shall not be valid for use on or after the Expiry Date or when the Available Funds reach zero, whichever occurs first. We may terminate your use of the Gift Card at any time and for any reason without prior notice to you. Any Available Funds remaining on the Gift Card on or after the Expiry Date will be Unclaimed Funds. Prior to the Expiry Date, You may claim any portion of the Available Funds on the Gift Card by writing to us at Payzone Group, 4 Heather Road, Sandyford Industrial Estate, Dublin 18, Ireland. You must include the Gift Card Number, the name of the Purchaser of the Gift Card, Your name and address and request a redemption of the Available Funds. We will send a cheque to the Purchaser in the amount of the remaining Available Funds less a Redemption Fee of €7.50. To allow for the processing of all outstanding Transactions, the final amount of Available Funds to be redeemed may not be determined by us for up to thirty (30) days following the Expiry Date.

5. Using the Gift Card

By presenting this Gift Card as form of payment for goods and/or services, you are authorising a deduction in the Available Funds of the Gift Card in order to cover the amount of the Transaction. You must not use the Gift Card to spend more than the Available Balance at any time. If you attempt to spend more than the Available Balance Your Transaction will be declined. In the event that you spend more than the Available Balance at any time, any such amount shall be repayable by you immediately on demand. Subject to the applicable law, we may recover the costs of collecting any such amount from you. All Transactions will be subject to the terms of this Cardholder Agreement. Nothing in this Cardholder Agreement shall require us to authorise any Transaction.

The Available Funds on the Gift Card are denominated in Euro.

6. Pre-authorised & Recurring Payment

You agree not to make pre-authorised or recurring regular payments through the use of the Gift Card.

7. Balance Enquiry

Balance enquiries are available from the the Customer Service Desk at Eyre Square Centre where the Gift Card was purchased and are also available online on the Website.

8. Lost & Stolen Gift Cards

The Gift Card is like cash and should be treated like cash. You agree to use your best efforts to protect the Gift Card against loss, theft or unauthorised use. You assume all risks of loss from a lost or stolen Gift Card. We bear no responsibility for unauthorised use of the Gift Card. A replacement Gift Card may only be issued, if duly reported to us as lost or stolen by contacting the Customer Helpdesk. The Customer Helpdesk will cancel a lost or stolen Gift Card at Your request. Within thirty (30) days of you notifying us of the loss or theft of a Gift Card, We will issue at your request a replacement Gift Card to the Purchaser for the Available Funds still remaining on the Gift Card at the time that you notify Us, less a Lost & Stolen Processing Fee of €7.50. A replacement Gift Card will not be issued where the balance remaining on the Gift Card is less than the Lost & Stolen Processing Fee. In case of suspected errors or questions about your use of the Gift Card, visit the Website or write to us at: Eyre Square Centre, Marsh Road, Drogheda, Co. Louth, Ireland.

9. Cancellation

You have a legal right to cancel Your Gift Card up to fourteen (14) days after the date of purchase of the Gift Card without being charged the Redemption Fee provided you have not used Your Gift Card during this fourteen (14) day period. If you have used your card, or wish to cancel your card after the 14-day cooling off period, you are entitled to cancel your card and redeem the remaining balance, providing that you make this request within 90 days of the expiry date. In these circumstances a redemption fee will apply. You may request a redemption of the available Funds on Your Gift Card provided You have more than €7.50 of Available Funds on Your Gift Card. If Your Gift Card is cancelled for any reason, we will immediately block it so it cannot be used.

10. Retail Acceptance

Neither MasterCard, Eyre Square Centre or Douglas Newman Good Ltd., Payzone nor Newcastle Building Society are responsible if a Retail Merchant fails to honour Your Gift Card, for defects in or non-delivery of any goods or services You may purchase with the Gift Card or for the failure of any POS Equipment to complete a Transaction correctly. If there is a problem or dispute with the purchase of goods and/or services, you must address it directly with the Retail Merchant involved. Refunds and returns are subject to the Retail Merchant’s policies or applicable laws.

11. Personal Information

We collect information provided at the time of purchase of the Gift Card together with information we learn about a Cardholder from Gift Card Transactions and in connection with a Cardholder’s participation in any Gift Card promotions. We will process and record this information and sometimes use third party decision making systems to verify this information. In order to process, use, record and release the information We collect, We may pass this information outside Ireland to other countries within the European Union.

We use the information that we collect to process Gift Card Transactions, to help protect against fraud and to otherwise enable us to provide and personalise the Card Programme. This includes use of information for marketing purposes and to conduct research and analysis. We may also from time to time, in providing and personalising the Card Programme, need to disclose the information that We collect for the same purposes to the companies that work with Us or provide any part of the Card Programme to a Cardholder. For example, we may release certain information to Eyre Square Centre or Douglas Newman Good Ltd. PLC and its subsidiary companies for their use to communicate with a Cardholder about Gift Card offers or promotions, products and services associated with it. You may opt out of receiving marketing information by writing to us at, Marsh Road, Drogheda, Co. Louth, Ireland. We will keep the information that we collect about Cardholders for only as long as we need to or are otherwise authorised by law.

By using the Gift Card, You agree that we may use and disclose information that we collect about you in the manner and for the purposes described. If you would like a copy of any personal information that we hold on you, please write to us at Payzone Group, 4 Heather Road, Sandyford Industrial Estate, Dublin 18, Ireland. A fee may be payable.

12. Fees

Lost & Stolen Processing Fee: €7.50
This fee is only charged should you lose or have Your Gift Card stolen, notify Us and elect to transfer Your remaining Gift Card balance to a new Gift Card. This fee covers the costs incurred in re-issuing a Gift Card.

Redemption Fee: €7.50

This fee is only charged should you choose to redeem Your Available Funds before expiration of the Gift Card. This fee is not charged should you request a redemption within fourteen (14) days of the date of purchase.

13. Compensation

The Gift Card is an electronic money product and although it is a product regulated by the Financial Services Authority, it is not covered by the Financial Services Compensation Scheme. No other compensation scheme exists to cover losses claimed in connection with the Gift Card. This means that in the unlikely event that Newcastle Building Society becomes insolvent your funds may become valueless and unusable and as a result you may lose your money.

14. Release of Liability

Neither You nor any Retail Merchant is an agent or partner of the Issuer, Payzone, Eyre Square Centre or Douglas Newman Good Ltd. or their affiliates. The Issuer, Payzone or Eyre Square Centre or Two Towers Management Company. shall not have any liability or obligation as to Your use of the Gift Card or participation in the Card Programme, and You hereby release Us and Eyre Square Centre or Two Towers Management Company. from any and all claims You may have in connection with any action or omission of Us, Eyre Square Centre or Two Towers Management Company. or a Retail Merchant and their respective affiliates, agents or vendors, regarding Your use of the Gift Card. MasterCard, Payzone, the Issuer and Eyre Square Centre or Two Towers Management Company are not liable (i) for any failed Transactions if You do not have sufficient Available Funds on Your Gift Card to pay for a Transaction; (ii) if the Retail Merchant’s MasterCard POS Equipment is not working properly; (iii) if circumstances beyond Our control prevent the Transaction; or (iv) a Retail Merchant authorises an amount greater than the price of the goods and/or services.

15. Governing Law and Jurisdiction

This Cardholder Agreement and all arbitration proceedings will be governed by the laws of England and Wales.

16. Changes To This Cardholder Agreement

This Cardholder Agreement constitutes the entire agreement between us and any Purchaser and Cardholder regarding use of the Gift Card. We may delay or waive any of our rights at any time without waiving any of our rights at any future time. Except as otherwise required by applicable law, we may change this Cardholder Agreement, and its related services, at any time. If We think that a change is material We will write to You at least thirty (30) days before making the change, unless a more immediate change is required by law or other valid reason. Otherwise we will notify you of any other changes within thirty (30) days of making the change.
If you are significantly disadvantaged by any such change that we make, you may cancel Your Gift Card (see section 9 above). In such circumstances you will not be charged a Redemption Fee.

17. Complaints

If you would like to make a complaint, please write to Us at Eyre Square, Galway, Ireland We have procedures in place to ensure your complaint is handled fairly and quickly. However, if You are not satisfied with the outcome of Your complaint, You may be entitled to refer your complaint to the UK Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, England. Tel: 0845 080 1800, e-mail:– enquiries@financial-ombudsman.org.uk

18. Your Details

It is your responsibility to keep a record of Your Gift Card details; these will be required for all correspondence with us. The details include: the name and address of the Gift Card Purchaser, the Gift Card Number, and the date of purchase of the Gift Card and the Expiry Date.

This card is issued by Newcastle Building Society pursuant to licence by MasterCard International Incorporated. Newcastle Building Society is authorised and regulated by the Financial Services Authority (www.fsa.gov.uk/register/) and is entered in the Financial Services Authority Register under Registration No. 156058. Newcastle Building Society subscribes to the Banking Code, copies of the Code are available upon request. The Eyre Square Centre MasterCard® Gift Card program is serviced by Payzone Limited which is a registered agent of Newcastle Building Society for this purpose. Payzone Limited is registered in Ireland (no. 262185) of 4 Heather Rd, Sandyford Industrial Estate, Dublin 18. Maestro® and MasterCard® are registered trademarks of MasterCard International Incorporated.