Card Terms and Conditions

Who we are

Your Credit account is with Lumen Cards Limited, incorporated and registered in England and Wales with company number 16229435 and registered office at 3^rd Floor 86-90 Paul Street, London, EC2A 4NE. Lumen Cards Limited is authorised and regulated by the Financial Conduct Authority.

Lumen Cards Limited is solely responsible for the issuing of credit under the Agreement.

Lumen Cards Limited provides credit through the Visa credit card scheme, which is issued by Transact Payments Limited ("TPL").

TPL is a company incorporated in Gibraltar with address 6.20 World Trade Center, 6 Bayside Road, Gibraltar GX11 1AA and company registration number 108217. TPL is authorised by the Gibraltar Financial Services Commission as an electronic money institution.

TPL is solely responsible for the issuing of the Visa credit card pursuant to its licence by Visa and is a party to Part 2 of the Terms for the sole purpose of fulfilling its responsibilities under the Financial Services (Payment Services) Regulations 2020 of Gibraltar and other legislation applicable to the provision of payment cards.

General Conditions

These are the General Conditions applicable to, and forming part of, the Agreement for your Lumen Credit account card.

Part 1 of the Terms is between you and the Lumen Cards Limited.

Part 2 of the Terms is between you and TPL. TPL does not issue credit under this Agreement and is not authorised by a competent authority of any jurisdiction as a lender.

Where there is a discrepancy between Part 1 and Part 2 of the Terms in relation to the provisions of the Card, Part 2 will prevail.

Part 1 – Lumen Cards Limited Terms and Conditions

1. Your Rights under this Agreement

You do not have any rights under section 75 of the Consumer Credit Act 1974 under this Agreement. However, you may be able to make a claim against us, the merchant or both under our equivalent Purchase Protection Scheme if you buy any goods or services of any kind using your Card account which cost over £100, but not more than £30,000, and the item or service is unsatisfactory, is not supplied, is supplied only in part, fails to arrive, or does not match the description given by the merchant. Monthly payments must still be made to your Credit account whilst any disputed transaction investigations take place.

2. Statements

We will provide you a monthly statement which will provide you with details of payments and all amounts charged to your Credit account since your previous statement. These are provided to you via the APP, but can also be provided in print, or any of the special formats prescribed by the Disability Act of 1995 upon request.

If you do not receive a statement when you should, we will still charge interest and fees under this Agreement, so you should look out for it each month.  You must check your statement and must tell us as soon as possible if you think the statement is wrong or if you do not receive notice of, or cannot access, a statement when or as expected.

Please note that requesting copies of past statements incurs a fee as outlined in these terms.

3. Charges and Tax

Depending on how you use this Credit account, a number of charges may apply as outlined in these terms. You must pay those charges, in addition to any tax, duty or other charges required to be paid to any authority which we will apply to your Credit account. You must also pay any reasonable costs we incur in enforcing payment.

4. Calculation of Interest

Interest is calculated and accrues on a daily basis and is applied monthly on the statement date until the date that transaction has been repaid in full. Interest is charged on all fees at the same rate as interest is charged on the transaction to which the fee relates.  Interest on transactions compounds monthly on your statement date.  This means that if you don’t pay your statement balance in full each month, we’ll charge you interest on interest.

There are some exceptions to the above:

1. Interest on purchase transactions: From your statement date until your payment due date, any interest calculated on new purchase transactions is held as pending and is not added to your Credit account.  On the day after your payment due date, if you have not paid your statement balance (except for any instalment plan balance) in full by the payment due date, we will add the pending interest to your Credit account.  If you have paid your statement balance (except for any instalment plan balance) in full by the payment due date, we will not add the interest calculated on new purchase transactions.
2. Interest is not charged on default fees until at least the 29^th day after we have told you about the default fee being charged. 
3. Interest is not compounded on default fees.

5. Repayments

Each month you must pay at least the Minimum Payment shown on your statement. Payment must be made by the date shown on your statement and any overdue amounts, which will be included in the total amount you are required to pay, are payable immediately.

You can pay more than minimum payment. If you do so, you will pay less interest.

6. How we Apply Payments to your Balance

When you make a payment to us, we will apply it to reduce or pay off any arrears and late payment fees that you owe us.  If you don't have any arrears or late payment fees on your Credit account, we will apply it to any instalment plans (paying off instalment plans at higher rates before instalment plans at lower rates) before applying it to other balances (paying off balances that are charged at higher rates of interest before those that are charged at lower rates of interest).

If you have balances that are not on instalment plans and are charged at the same rate of interest, we will apply a proportional amount of your payment to each balance, reflecting the proportional value of that balance in comparison to the whole. If any instalment plans are charged at the same rate, we will pay off instalment plans with earlier start dates before later ones.

7. Ending this Agreement

You may ask us to close your Credit account and end this Agreement at any time by contacting us using the details in General Condition 9. If you choose to end this Agreement:

• we will tell TPL that you have closed your Credit account and they will close your Card account in accordance with the terms and conditions of your Card account, so you will no longer be able to use it; and
• you must repay all sums owed and any interest, fees and charges to the date of payment.

If you close your Credit account, we will continue to apply interest and charges until you have paid everything you owe under the Agreement. The Agreement will end when you have paid in full.

We can end this Agreement for any reason by giving you 2 months' notice in writing.

We can end this Agreement immediately or reduce your credit limit immediately if:

• you die
• you become incapable of managing your own affairs by reason of your illness or incapacity; or
• allowing you to use your Credit account would mean that we may break a law, regulation, code or other duty that applies to us, or could expose us to action or criticism from any government, regulator or law enforcement organisation.

Subject to service of any statutory notice, we can also end this Agreement for breach of this Agreement:

• if you repeatedly or seriously breach this Agreement; 
• if we discover that our decision to lend to you or our subsequent reviews of your Credit account was based on misleading, inaccurate or incomplete information that you provided to us;
• if we reasonably suspect any fraud or other criminal activity in connection with this Agreement; or
• if you are unable to pay your debts as they fall due, enter into a composition or other arrangement for the benefit of your creditors, or are the subject of bankruptcy or other insolvency procedure.

If we end this Agreement you must immediately pay your balance in full. We may:

• disclose information about you and the conduct of your Credit account to credit reference agencies (which could make it more difficult for you to borrow in future);
• bring legal action to recover what you owe us (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property); and
• require you to pay our reasonable costs and expenses for taking action to obtain payment, including legal costs.

We will tell you in advance if we plan to take any of these steps and, if applicable, give you the chance to fix the breach.

We can suspend, restrict or withdraw the use of your Credit account immediately for any of the reasons above and also if:

• a transaction would take you over your credit limit;
• TPL tells us that it has suspended the use of your Card account in any way in accordance with the terms and conditions for your Card account; or
• the risk of you not paying the total outstanding balance you owe has significantly increased.

We are not responsible for any loss you incur if we suspend the use of your Credit account in this way.

When we close your Credit account, we may give information about you and the Credit account to credit reference agencies.

If we decide to suspend your use of the Credit account or if either you or we decide to end this Agreement, we will immediately notify TPL.

8. Changes to this Agreement

The standard interest rates that apply to your Credit account are linked to the Bank of England Base Rate.  You can see the current Bank of England Base Rate on their website at: www.bankofengland.co.uk

If the Bank of England Base Rate changes, we will change our interest rates by the same amount (disregarding any changes to the Bank of England Base Rate below 0%) within seven working days and we will tell you the new rate on your next statement.

As this Agreement has no fixed end date, we cannot predict all of the other reasons that could mean that we might change the way that we calculate interest, the fees or other terms, but we have set out specific reasons why we might do so below. Any change we make will be reasonably proportionate to the impact of the underlying change on us. We will not make changes to cover the same cost twice, and we will always ensure that:

• we have a valid reason for making the change (even if it is not one of the reasons set out below);
• we will tell you about the change before we make it; and
• we will let you end the Agreement without charge if you do not want to accept the change.

We may make changes to this Agreement, including to your interest rate when stated to be variable and any charges, including adding, amending or removing any charges for any of the following reasons:

• if the change is favourable to you or makes the Agreement easier to understand;
• if our costs for providing your Credit account (including how much we have to pay to borrow funds to lend to you when you use it) have increased or we expect them to;
• if we are introducing a new service, feature or benefit with your Credit account;
• to reflect changes in the banking and financial system, technology or the systems used to run your Credit account;
• if we have a good reason to think that your personal circumstances have changed, such as your credit risk (which may be based on our assessment of your Credit account or by reference to external credit reference data), which means there is a greater risk that you will not be able to repay us; or
• to reflect a change in law, regulation or industry codes of practice (including where we have a good reason to expect a change) or to reflect a decision by a court, regulator or the Financial Ombudsman Service.

We will provide you at least 30 days' notice unless the changes are not to your disadvantage, when we may give you less notice. We will tell you by including a message in your Statement, or by sending you a message via the Mobile App.

Except if we are increasing an interest rate because of a change in the Bank of England Base Rate, if you advise us you do not want to accept a new interest rate within 60 days from receiving notice of a rate increase, we will close your Credit account, the change will not take effect, and we will permit you to pay off the outstanding balance at the unchanged rates, which will still be linked to the Bank of England Base rate, and you will no longer be able to use your card.

9. Electronic Communications and Contacting each other

You can contact us at any time and for any reason by:

• using the App
• writing to us: Lumen Cards Limited, Gateway House, 4 Penman Way, Leicester LE19 1SY.
• calling us: [0345 257 58 59]
• emailing us: hello@lumen.cards

We and our authorised agents and representatives may record and/or monitor telephone conversations with you so that we can maintain our service standards.

You agree that, except where we are required by law to send you notices by post, we will send you notices and information, including servicing messages including statements, notifications or any notice of changes to this Agreement by email or through the APP.  We will always use the most recent addresses and telephone numbers you have given us and you must keep these up to date.  If we need to contact you about any actual or suspected fraud or security threats, we will do this using the fastest and most secure way of contacting you (e.g. we may try to send you a text message rather than telephone).

If any of your personal data, including your name, address, telephone number or e-mail address changes you must tell us immediately. Some changes require documentary evidence before we are able to make any requested changes, but we will tell you when we require documentary evidence and what formats are acceptable when you request any change to personal data.

10. Disclosure of Information and Transferring Debts

We may give to anyone any information about you or this Agreement in connection with any proposed transfer of, or financial arrangement by reference to, this Agreement. We may allow any person to take over any of our rights and duties under this Agreement. References to us in this Agreement include our successors.

11. Waiver

If we elect to waive any of our rights under this Agreement, it does not mean that we will waive that right in the future.

12. Governing Law and Regulatory Information

The laws of England and Wales apply to this Agreement. The courts of England and Wales have exclusive jurisdiction over any dispute which may arise in relation to this Agreement; or, if you are resident in Scotland, the courts of Scotland; or, if you are resident in Northern Ireland, the courts of Northern Ireland.

You have the right to complain or request details of our complaints procedures by writing to Customer Complaints, Lumen Cards Limited, Gateway House, 4 Penman Way, Leicester LE19 1SY.

You also have the right to complain to the Financial Ombudsman Service about our authorised activities by writing to The Financial Ombudsman Service, Exchange Tower, London E14 9SR, by calling 0800 023 4567 or e-mailing complaint.info@financial-ombudsman.org.uk.

13. Your Information

We’ll use the information you give us to provide you with, and to manage your Credit account. We’ll also share your information with third parties that help us deliver the Lumen Card product, including TPL. For more information about how we will handle your information, please review our privacy notice.

You can ask us to provide you with a copy of the information we hold about you, to delete or correct information, to stop processing information and to receive your information in a structured format.

You can lodge a complaint with the Information Commissioner’s Office (www.ico.org.uk) if you’re unhappy with how we’ve handled your information.

If you have any questions relating to how we use your information or your rights under data protection law, you can contact us at privacy@lumen.cards.

You expressly consent to us accessing, processing and retaining your personal information for the provision of payment services to you. You can withdraw your consent by closing your Credit account. 

This does not affect any rights or obligations you or we have under data protection law.

Part 2: Visa Credit Card Terms and Conditions

IMPORTANT INFORMATION

These are the terms and conditions for your Card Account and also govern the use of your Lumen Card. Please read this Cardholder Agreement carefully before activating and using your Card. This Cardholder Agreement becomes effective and binding on you upon your activation or use of your Card and until terminated in accordance with this Cardholder Agreement.

The Lumen Card and Card Account are issued/provided by Transact Payments Limited ("TPL"). TPL is a company incorporated in Gibraltar with address Europort Avenue, Unit G02, Eurocity, Gibraltar GX11 1AA and company registration number 108217. TPL is authorised by the Gibraltar Financial Services Commission as an electronic money institution.

TPL is solely responsible for the issuing of the Visa credit card under this Cardholder Agreement pursuant to its licence by Visa. TPL does not provide credit and is not authorised by a competent authority of any jurisdiction as a lender. Your credit agreement with Lumen Cards Limited ("Lumen") governs the terms under which Lumen as lender provides you with the credit for your Lumen Card.

1. Definitions & Interpretation:

2. Your Cardholder Agreement and Card

3. Activation of your Card

• To apply for, and use, a Card you must be at least 18 years of age and a resident of the United Kingdom.
• We will issue you with a Card and open a Card Account for you when you open your Credit Account with Lumen subject to satisfactory completion of any KYC checks. You may obtain:
  • a virtual card by downloading and registering on the App; or
  • a plastic Card via the post.
• In order to activate the Card, you must open an account in the App (where instructions will be provided).

4. Personal Details

• When entering into Transactions over the internet, some websites may require you to enter your personal details and, in such instances, you should supply the most recent personal details that you have provided to Lumen Cards for your Card Account in the App.
• You must notify Lumen of any change in your personal details as soon as possible by contacting Customer Services or updating the details in the App. You will be liable for any loss that directly results from any failure to notify us of a change in your personal details as a result of undue delay, your gross negligence or fraud. We will need to verify your new personal details and may request relevant KYC information/documents from you as applicable.
• We, or Lumen, reserve the right at any time to satisfy ourselves as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or money laundering. In addition, at the time of your application or at any time in the future, in connection with your Card, you authorise us, or Lumen acting on our behalf, to undertake electronic identity verification checks on you either directly or using relevant third parties.

5. Using your Card

• We and Lumen Cards reserve the right to request KYC documents and verification of your source of funds at any point.
• When you or we initiate a Transaction on the Card Account, you hereby authorise TPL to request a drawdown of funds equal to the amount of the Transaction from your Credit Account in order to fund the relevant Transaction. You will be able to view a Transaction in the App each time it is made, being the amount of the Transaction, the date it was made, together with any other information that we think might help you manage your Card Account.
• Your use of the Card is subject to the Fees detailed in the Fees Schedule.
• Unless we inform you otherwise, you can use the Card at any Merchant to make Transactions at any Merchant who displays the Visa branded acceptance mark or logo indicating that they accept using a Visa branded Card.
• You must always ensure that you have sufficient Available Limit for each Transaction you authorise (including value added tax and other taxes, duties and applicable fees). If the Available Limit is insufficient to pay for a Transaction, some Merchants may not permit you to combine the use of your Card with other payment methods.
• If for any reason a Transaction is carried out but its amount exceeds the Available Limit, we may decline the Transaction.  If for any reason a Transaction is carried out but its amount exceeds the Available Limit, we may decline the Transaction.
• There are certain circumstances where a Merchant may require you to have an Available Limit greater than the value of the Transaction you wish to make and you will only be charged for the actual and final value of the Transaction. Merchants may request this as they may need to access more funds than you initially planned to spend for example, when making hotel or rental car reservations. In the event that a Merchant has prior authorisation on your Card, we will limit the amount you are able to spend using your Card accordingly until the Transaction is completed or, if sooner, up to a period of 30 days. We will only block access to the exact amount of the Transaction authorised by you.
• Your Card may be used where such Merchants are unable to obtain online authorisation that you have sufficient Available Limit to fund a Transaction (for example, Transactions made on trains, ships, some in-flight purchases and tollbooths). We accept no liability if a Merchant refuses to accept payment using the Card.
• We do not recommend using a Virtual Card to purchase an item over the internet that subsequently would require the presentation of a physical reference device in order to obtain that item. Examples include certain theatre ticket purchases, hotel stays, car rentals, and online purchases picked up in person.
• Merchant Category Codes (MCCs) are industry-standard codes used by Visa to identify the type of business a Merchant operates. You cannot use the Card at certain types of Merchants, which are identified by their MCC. You can find out which transactions are restricted on our website, here and you should check it regularly, as it may change from time to time
• You must not use the Card for any illegal purposes.
• The Card Fees are outlined in the Schedule and will apply to the Card. Each time you use the Card, the value of the Transaction plus any applicable fees shall be drawn down from your Credit Account. If the value of the Transaction plus any applicable fees exceeds the Available Limit, the Transaction will be declined.
• The Limit, and the other transaction thresholds which are applicable to your use of the Card, may be updated from time to time and will be advised to you by Lumen via the App, Email, Website or other means.

6. Authorising Transactions

• You will need to give your consent to each Transaction (where applicable) by:
  • using a security code personal to you;
  • providing the Card details and/or providing any other details personal to you and/or your Card; or
  • placing your Card near a contactless point-of-sale terminal.
  • Once you have given such consent to the Transaction, it will be deemed to be authorised and you cannot cancel it. You may be able to ask for a refund in certain circumstances (see section 11). 
• The time of receipt of a Transaction order is when it is received by our processing partner. If a Transaction order is received after 4pm on a Business Day then it will be deemed to have been received on the next Business Day.
• Certain Merchants may not accept payments made through the Card and we accept no liability for this: it is your responsibility to check the restrictions of each Merchant.
• Your ability to use or access the Card may occasionally be interrupted, for example if Lumen or any third-party service providers need to carry out maintenance on their systems or websites, including the App. Please contact Customer Services should you experience any problems using your Card or Account and these will be resolved as soon as possible.

7. Managing & Protecting Your Card

• You will need a PIN in order to make Transactions at a Merchant with the Card and to make cash withdrawals from an ATM or bank. Your PIN will be available to you within the App
• If you forget your PIN, you may retrieve it from the App. For further assistance with any PIN-related queries, please contact Customer Services.
• You must not give your Card to any other person or allow any other person to use it.
• You are responsible for your Card, PIN, App and any related security details (“Security Details”) and must take all possible measures to keep them safe and entirely confidential.  Such measures include (but are not limited to):
  • never letting any other person use your Security Details;
  • never writing your Security Details on your Card or on anything you usually keep with your Card; and
  • keeping your Security Details secret at all times for example, by not using your PIN if anyone else is watching.
• Failure to comply with this condition 7 may affect your ability to claim any losses in the event that we can show that you have intentionally failed to keep the information safe or you have acted fraudulently, with undue delay or with gross negligence. In all other circumstances, your maximum liability shall be as set out below at condition 11.
• If you believe that someone else knows any of your Security Details, you must notify us by contacting Customer Services immediately or you can block your Card in the relevant cards’ section of the App.
• In the event that we suspect or believe that your Card may be subject to any fraud or security threats, Lumen will notify you securely, which could include via email and push notification.
• Once your Card has expired or if it is found after you have reported it as lost or stolen, you must destroy it by cutting it in two through the magnetic strip.

8. Cancellation

• If you have ordered your Card online, you may cancel it free of charge before activating and using it, and up to 14 calendar days after the date of activation (the “Cancellation Period”) by contacting Customer Services or within the app.  This does not apply to replacement Cards where the Cancellation Period for the original Card has expired.
• You may also terminate your Card at any time by contacting Customer Services.
• Once your Card has been cancelled, the Card will no longer work for Transactions and cannot be reactivated.
• Once your Card has been cancelled, it will be your responsibility to destroy your Physical Card(s).
• If any further Transactions are found to have been made or charges or Fees incurred using the Card(s) or we receive a reversal of any prior funding Transaction, Lumen will notify you of the amount and you must immediately repay to us such amount on demand.

9. Expiry

• Upon expiry of your Card, we will usually automatically issue a new Card for you. Please contact us if upon expiry your Card has not been renewed and you wish to renew it.

10. Termination or Suspension of your Card

• You may terminate this Cardholder Agreement, and thereby cancel your Card, at any time. You may contact customer services to cancel your Card or you can do so in the App.
• When this Cardholder Agreement is terminated, you will not be able to use your Card. We, or Lumen for us, may terminate this Cardholder Agreement at any time by giving you two months’ advance notice (which will be sent to the email address that you have provided to us).
• We, or Lumen for us, can suspend your Card, restrict its functionality or terminate this Cardholder Agreement at any time with immediate effect if:
  • you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false;
  • the agreement between you and Lumen which governs the Credit Account has been terminated or an event of default has occurred under such agreement and is ongoing;
  • a Transaction has been declined because of a lack of Available Limit or your Credit Account has been suspended for any reason;
  • you fail to provide the Personal Data necessary for us to comply with our legal obligations and to fulfil this Agreement;
  • we reasonably suspect that the security of the Card or Card Account has been compromised or that you, or any third party, have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes;
  • we believe that your use of the Card or Card Account may result in harm to us or our systems;
  • we believe that your continued use of the Card or Card Account may damage our reputation;
  • you become bankrupt;
  • we are required to do so under Applicable Law or where we believe that continued operation of the Program may be in breach of Applicable Law;
  • we cannot process some or all of your Transactions due to the actions of third parties; or
  • you have breached this Cardholder Agreement.
• In the event that we do suspend or terminate your Card then, where lawfully permitted, we or Lumen shall notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place.
• Unless or until you or we terminate this Cardholder Agreement, or your Card expires and no replacement Card is issued to you, this Cardholder Agreement will remain in force.

11. Loss or Theft of your Card

• You are responsible for protecting your Card as if it were cash in your wallet – if it is lost or stolen, you may be responsible for unauthorised spending on your Card unless you contact Customer Services as specified in this condition.
• You must contact Lumen without delay via the chat features in the App or by calling 0345 257 58 59 if you know or suspect that a Card is lost, stolen, misappropriated or subject to unauthorised use or that any Security Details are known to an unauthorised person or you think that a Transaction has been incorrectly executed.
• You shall be liable for up to a maximum of £35 (or currency equivalent) of losses due to unauthorised Transactions made before you made the notification about the theft, loss or misappropriation of the Card. If our investigations reveal that you authorised a disputed Transaction or that you acted fraudulently or that you negligently or with intent breached the terms of this Agreement (for example, by not keeping your Card safe), you may be liable for any loss we suffer due to use of the Card to the extent permitted by law.
• Once a loss, theft or unauthorised use of your Card is reported, use of the Card shall be blocked to avoid further losses.
• Replacement Cards will be sent to the most recent address you have provided and may be subject to a Fee, as set out in the Fees Schedule.
• You agree to cooperate with our agents, any supervisory authority, the police and us if your Card is lost, stolen or if we suspect fraudulent use of the Card.
• In the event that you inform us of an unauthorised or incorrectly executed Transaction without undue delay, and in any event no later than 13 months after the debit date, we will refund the amount immediately unless we have any reason to believe that the incident may have been caused by a breach of this Cardholder Agreement, through gross negligence or we have reasonable grounds to suspect fraud.
• In the event of a non-executed or defectively executed Transaction, we will make immediate efforts to trace the Transaction and will notify you of the outcome. We will not charge you for such efforts. In the event that we are liable for such Transaction, we will refund the amount, together with the amount of any resulting charges to which you may be subject, without undue delay.
• In the event that a Transaction that was executed within the UK or EEA arrived later than it should have according to the terms of this Agreement, you may request that we contact the receiving payment institution to ask them to treat it as if it was made on time.
• In the event that a Transaction is made which is initiated by a payee, we will provide a refund of that amount, subject to clause 11.11, only in circumstances where you can prove that:
  • the exact Transaction amount was not specified when you authorised the payment; and
  • the amount of the Transaction exceeds the amount that you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case.
• The refund referred to in 11.10 will not be provided if:
  • the amount relates to currency exchange fluctuations; or
  • you have given your consent to execute the Transaction directly to us; or
  • information on the Transaction was provided or made available in an agreed manner to you at least 4 weeks prior to the due date of the Transaction; or
  • you request the refund from us later than 8 weeks from the date on which it was debited.

12. Payment Disputes

• If you dispute a Transaction that you have authorised and which has been processed on your Card, you should settle this with the person you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with your Card
• If your dispute with a Merchant relating to a Transaction cannot be resolved you should contact us at Customer Services, and we will attempt to assist you as far as is reasonably practicable.
• Goods or services paid for with a Card cannot be refunded by a Merchant unless there was a prior Transaction debited from the Card by that retailer of an equal or higher amount than the refund requested. If you are entitled to a refund for any reason for goods or services purchased using a Card, you agree that such refund will be made to the Credit Account held by you with Lumen.
• If you have reason to believe that a Transaction was carried out without your consent or in error, you may ask Lumen to investigate the Transaction.  If an investigation occurs, the disputed amount will be unavailable to draw down from your Credit Account until our investigation is complete and, if we receive information that proves the Transaction was genuine, the relevant Transaction amount will be released and we may charge you an investigation fee. If you do not have sufficient Available Limit, you must repay us the amount immediately on demand.

13. Foreign Exchange

If you use your Card in an EEA currency (“Foreign Currency Transaction”), the amount deducted from your Available Balance will be the amount of the Foreign Currency Transaction converted to your Card currency using a rate set by the Visa Card scheme on the date it is authorised. You may also be charged a foreign exchange Fee as set out in the Fees Schedule. In order to allow you to compare charges for currency conversion, you can view the real-time percentage difference between the amount that will be charged on your Card for a Foreign Currency Transaction (consisting of the mark-up applied by the Visa card scheme as well as any other charges) and the latest available euro foreign exchange reference rates issued by the European Central Bank.  You can view this information on the App or Website prior to making a Foreign Currency Transaction.

14. Our Liability

• We shall not be liable for any loss arising:
  • from any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
  • from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
  • from any use of this Card that is contrary to this Cardholder Agreement;
  • for goods or services that are purchased with the Card; and
  • for any damages due to loss, fraud or theft that you have reported to us later than 13 months after the event.
• We will not be liable to you if your contact details have changed and you have not told us.
• Where the Card is faulty due to our default, our liability shall be limited to replacement of the Card.
• Where sums are incorrectly drawn down from the Credit Account due to our default, our liability shall be limited to payment to you of an equivalent amount.
• Nothing in this Cardholder Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
• To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
• The above exclusions and limitations set out in this clause shall apply to any liability of Lumen or our affiliates such as the Visa card scheme, and other suppliers, contractors, representatives and any of their respective affiliates (each a "Protected Party") (if any), to you, which may arise in connection with this Cardholder Agreement. This clause 14.7, and the exclusions and limitations set out in this clause, are intended to operate to benefit any and all such Protected Parties and to be enforceable by each Protected Party, in accordance with the Contracts (Rights of Third Parties) Act 1999.  This clause 14.7 may be amended by agreement between you and us without obtaining the consent or agreement of any Protected Party.

15. Complaints

• Should you wish to make a complaint about your Card, you may contact Customer Services by email at complaints@lumen.cards to submit details of such complaint.
• Upon our receipt of your emailed complaint, we shall endeavour to respond to you as quickly as possible but, in any event, we shall reply to you by return email within 15 Business Days.
• If, having received a response from our Customer Services team, you are unhappy with the outcome, you can escalate your complaint to TPL’s Complaints Department by writing to complaints@transactpay.com.
• If TPL’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted.  You will receive a formal response of their findings within 35 Business Days of receipt of your complaint.
• We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.
• In the unlikely event that we are unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Gibraltar Financial Services Commission at: Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar or email psdcomplaints@fsc.gi.
• You also have the right to refer your complaint to an alternative dispute resolution body that is competent to deal with any disputes concerning payment services rights and obligations.
• Please note that TPL is authorised by the Gibraltar Financial Services Commission (GFSC) and therefore the competent authority to deal about complaints related to the Card and Card Account is the GFSC and not the FCA or the Financial Ombudsman Service.

16. General Communication

• Any communication from us or from Lumen to you will be given via the App, email, SMS or in writing or via telephone (using the latest contact details with which you have provided us).
• You may contact Customer Service via the details which are set out in clause 1.

17. Personal Data

• TPL will collect certain information about the purchaser and the users of the Card in order to operate the Card program. Your provision of your Personal Data and our processing of that data is necessary for each of us to carry out our obligations under this Cardholder Agreement. At times, the processing may be necessary so that we can take certain steps, at your request, prior to entering into this Cardholder Agreement. If you fail to provide the Personal Data which we request, we will take steps to terminate this Cardholder Agreement in accordance with clause 10.3(d) above.
• We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy which is provided to you at the time we collect your personal data.

18. Changes to the Terms and Conditions

• We may update or amend this Cardholder Agreement at any time on at least 2 months’ advance notice, which we shall instruct Lumen Cards to give you on the App or by e-mail (using the latest contact details you have you have provided us with).
• If you do not agree with the changes to the Cardholder Agreement, you may, at any time within the 2-month notice period, terminate your Cardholder Agreement. You will be deemed to have accepted any change to this Cardholder Agreement unless you notify us before the proposed date of the change.
• If any part of this Cardholder Agreement is inconsistent with any regulatory requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

19. Language

• You agree that this Cardholder Agreement shall, and any notice or other communication to be given under or in connection with this Cardholder Agreement may, be in the English language.
• The English language version of this Cardholder Agreement and of any communications, to be given under or in connection with this Cardholder Agreement, and the App content will prevail over any other language version which we may issue from time to time.

20. Governing Law

• This Cardholder Agreement is governed by Gibraltar law.

21. Jurisdiction

• You agree to the non-exclusive jurisdiction of the courts of Gibraltar.

22. Miscellaneous

• Any delay or failure to exercise any right or remedy under this Cardholder Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
• If any provision of this Cardholder Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
• You may not assign or transfer any of your rights and/or benefits under this Cardholder Agreement and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under this Cardholder Agreement have been paid by you in full. We may assign our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Cardholder Agreement.

Fees Schedule (Card fees)